Housing (Scotland) Act 1987

257 Designation of defective dwellings by Secretary of State

(1) The Secretary of State may designate as a class any buildings each of which consists of or includes one or more dwellings if it appears to him that—

(a) buildings in the proposed class are defective by reason of their design or construction, and

(b) by virtue of the circumstances mentioned in paragraph (a) having become generally known, the value of some or all of the dwellings concerned has been substantially reduced.

(2) A dwelling which is, or is included in a building in a class so designated is referred to in this Part as a "defective dwelling"; and in this Part in relation to such a dwelling—

(a) "the qualifying defect" means what, in the opinion of the Secretary of State, is wrong with the buildings in that class; and

(b) "the cut-off date" means the date by which, in the opinion of the Secretary of State, the circumstances mentioned in subsection (1)(a) became generally known.

(3) A designation shall describe the qualifying defect and specify—

(a) the cut-off date,

(b) the date (being a date on or after the cut-off date) on which the designation is to come into operation,

(c) the period within which persons may seek assistance under this Part in respect of the defective dwellings concerned.

(4) A designated class shall not be described by reference to the area in which the buildings concerned are situated.

(5) Notice of a designation shall be published in the Edinburgh Gazette.

(6) Any question arising as to whether a building is or was at any time in a class designated under this section shall be determined by the Secretary of State.