Housing (Scotland) Act 1987

250 Application of this Part to houses situated in a housing action area and power of local authority to give repairs grants in such areas and amount thereof.S

(1)The provisions of this Part shall apply to houses which are to be brought up to the standard specified by a local authority under section 90 or 91 and which are situated in housing action areas for improvement or for demolition and improvement within the meaning of Part IV, but subject to the modifications contained in subsections (2) to (7) below.

(2)In section 242(1), for “not exceed 50 per cent.” there shall be substituted “be 75 per cent.”.

(3)In section 243(1), for “50 per cent.” there shall be substituted “75 per cent.”.

(4)In section 254(2), for “75 per cent.” there shall be substituted “90 per cent.”.

(5)If, in the case of a house which is in a housing action area on the date on which the application is approved for a grant under section 242(1) as read with subsection (2), it appears to the local authority by whom the application is approved that the applicant will not without undue hardship be able to finance the cost of so much of the improvement work as is not met by the grant, they may increase the percentage under the said subsection from 75 per cent. to such percentage, not exceeding 90 per cent., as they think fit; but this subsection shall not apply where an applicant for an improvement grant is not the owner of the land to which the application relates.

(6)Sections 238(1), in so far as it relates to refusal to approve an application, and 244 shall not apply, but a local authority shall make an improvement grant to an owner of a house situated in a housing action area as aforesaid in respect of such improvement works as may, in their opinion, be required for the house to be brought up to the standard specified by the local authority in a resolution passed under section 90 or 91 in relation to that area:

Provided that an improvement grant shall not be made in pursuance of this subsection in respect of a house which is comprised in a building containing more than one house, if the local authority are of the opinion that the improvement works to be carried out on that house would prevent any other house in that building from being brought up to the standard specified as aforesaid.

(7)In section 248—

(a)for subsections (1) and (2) there shall be substituted the following subsections—

“(1)Subject to the following provisions of this section, where an application for a repairs grant is duly made, a local authority shall approve the application in so far as it relates to the execution of works to houses to which the provisions of this Part are applied by section 250(1).

(2)A local authority shall not approve an application under this section unless on completion of the works the house will attain the standard specified in the resolution passed under section 90 or 91.”;

(b)in subsection (4), at the beginning there shall be inserted the words “Subject to section [F1250(5)]” and for the words “50 per cent.” there shall be substituted the words “75 per cent.”;

(c)in subsection (5), after the words “section 244” there shall be inserted the words “and subsections (3), (4) and (5) of section 249”.

Textual Amendments