Housing (Scotland) Act 1987

249 Grants for fire escapes for houses in multiple occupation. S

(1) Subject to the provisions of this section, where an application for a grant for a [F1 means of escape from fire] in a house in multiple occupation is duly made, a local authority—

(a) shall approve the application in so far as it relates to the execution of works specified in a notice served on any person, other than a public body, under section 162 (which empowers a local authority to require the provision of a means of escape from fire in a house in multiple occupation);

(b) in so far as it is not so specified but is required in connection with works so specified, may approve the application.

(2) A local authority shall not approve an application under this section unless they are satisfied that at the time of completion of the works to which the application relates the house will be in reasonable repair (disregarding the state of internal decorative repair) having regard to its age, character and location.

(3) Where a local authority approve an application under this section they shall determine the maximum amount of expenses which they think proper to be incurred for the relevant works; but[F2 that amount shall not exceed £20,000 or such other amount as may be prescribed ].

[F3 (3A) In relation to an application under this section, the maximum amount that may be fixed under subsection (3) shall be reduced by the total amount of any grants under this section in respect of the same house which have been paid within the period of 10 years preceding the date on which the application is determined.]

F4 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Sections 236 to [F5 247 (other than sections 240, 241(3)(b), 242(1)(a) ] [F6 and (5) to (10)] and section 244) shall apply [F7 in relation to an application for a grant under subsection (1) or to] a grant under subsection (1) as they apply [F8 in relation to an application for an improvement grant or to] an improvement grant, except that

[F9 (a) references to the approved expense shall be treated as references to the maximum amount of expenses determined under subsection (3), and

(b)] for the purposes of the application of section 243(1)(b), [F10 the words from “or such other” to “244(7)” are omitted.]

(7) In subsection (1), “public body” means a regional, islands or district council or such other body as the Secretary of State may by order made by statutory instrument specify.

(8) The maximum amount of expenses prescribed under subsection (3)F11 ...shall be prescribed by order of the Secretary of State made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F12 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13 (11) An order under this section may make different provision with respect to different cases or descriptions of case.]

Textual Amendments

F1 Words in s. 249(1) substituted (1.10.2003) by Housing (Scotland) Act 2001 (asp 10), ss. 104(2), 113(1); S.S.I. 2003/434, art. 2, sch. (with arts. 3, 4)

F2 Words in s. 249(3) substituted (1.10.2003) by Housing (Scotland) Act 2001 (asp 10), ss. 104(3), 113(1); S.S.I. 2003/434, art. 2, sch. (with arts. 3, 4)

F3 S. 249(3A) inserted (1.10.2003) by Housing (Scotland) Act 2001 (asp 10), ss. 104(4), 113(1); S.S.I. 2003/434, art. 2, sch. (with arts. 3, 4)

F4 S. 249(4)(5) repealed (1.10.2003) by Housing (Scotland) Act 2001 (asp 10), s. 113(1), sch. 10 para. 13(31)(a); S.S.I. 2003/434, art. 2, sch. (with arts. 3, 4)

F5 Words in s. 249(6) substituted (1.10.2003) by Housing (Scotland) Act 2001 (asp 10), ss. 104(5)(a), 113(1); S.S.I. 2003/434, art. 2, sch. (with arts. 3, 4)

F6 Words substituted (retrospectively) by Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 72(1), Sch. 7 para. 15(a)

F7 Words substituted by Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 72(1), Sch. 8 para. 7(a)(i)

F8 Words substituted by Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 72(1), Sch. 8 para. 7(a)(ii)

F9 Words in s. 249(6) inserted (1.10.2003) by Housing (Scotland) Act 2001 (asp 10), ss. 104(5)(b), 113(1); S.S.I. 2003/434, art. 2, sch. (with arts. 3, 4)

F10 Words in s. 249(6) substituted (1.10.2003) by Housing (Scotland) Act 2001 (asp 10), ss. 104(5)(c), 113(1); S.S.I. 2003/434, art. 2, sch. (with arts. 3, 4)

F11 Words in s. 249(8) repealed (1.10.2003) by Housing (Scotland) Act 2001 (asp 10), s. 113(1), sch. 10 para. 13(31)(b); S.S.I. 2003/434, art. 2, sch. (with arts. 3, 4)

F12 S. 249(9)(10) repealed (1.10.2003) by Housing (Scotland) Act 2001 (asp 10), s. 113(1), sch. 10 para. 13(31)(c); S.S.I. 2003/434, art. 2, sch. (with arts. 3, 4)

F13 S. 249(11) added by Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 72(1), Sch. 8 para. 7(b)