Notifications received from 14 to 20 November 1969 = Notifications reçues du 14 au 20 novembre 1969
In section 1(3) of the 1980 Act (dwelling-houses to which right to purchase applies), for the words " of paragraphs (a), (b), (c) or (f)" there shall be substituted the words " paragraph, other than (g), ".
In section 10(2) of the 1980 Act (landlords in secure tenancies)—
after paragraph (a) there shall be inserted the following paragraph—; and
after paragraph (g) there shall be inserted the following paragraphs—.
Subject to subsection (3) below, in section 1(5)(b) of the 1980 Act (discount for purposes of calculation of purchase price of dwelling-house)—
in sub-paragraph (i), after the words " 32 per cent," there shall be inserted the words " , or where the dwelling-house is a flat 44 per cent., ";
in sub-paragraph (ii), after the words " one per cent." there shall be inserted the words " , or where the dwelling-house is a flat two per cent., ";
after the words "60 per cent." there shall be inserted the words " , or where the dwelling-house is a flat 70 per cent., "; and
at the end there shall be added the words " For the purposes of the foregoing provisions of this paragraph a " flat " is a separate and self-contained set of premises, whether or not on the same floor, forming part of a building from some other part of which it is divided horizontally.".
Subject to subsection (3) below, in section 9A of the 1980 Act (application of Part I of that Act when dwelling-house is repurchased as defective), after the words "' 30 per cent.';" there shall be inserted the words " (AA) for the words ' 44 per cent.' there shall be substituted the words ' 40 per cent.'; ".
Subsections (1) and (2) above shall have no effect as regards the exercise of a right to purchase by application under section 2(1) of the 1980 Act if the offer to sell has been duly served (whether by the landlord or, under section 7(3)(a) of that Act, by the Lands Tribunal for Scotland) before the date of coming into force of this section.
Subject to subsection (6) below, in subsection (7) of section 1 of the 1980 Act (fixing of price at which tenant entitled to purchase dwelling-house)—
for the words " 15 May 1975 " there shall be substituted the words " 31 December 1978 "; and
after that date (either or both)— the dwelling-house
Subject to subsection (6) below, after the said subsection (7) there shall be inserted the following subsection—.
Subject to subsection (6) below, in subsection (8) of the said section 1 (interpretation of " outstanding debt ")—
after the word "means" there shall be inserted the words " , in relation to paragraph (a)(i) of that subsection, "; and
but in relation to paragraph (a)(ii) of that subsection and in subsection (7A) above its meaning is confined to any undischarged debt arising from the cost of the works of improvement together with—
With the consent of the Treasury the Secretary of State may by order made by statutory instrument— and such order may make different provision in relation to different areas, cases or classes of case and may exclude certain areas, cases or classes of case.
amend subsection (7) of the said section 1 so as to substitute a later date for—
the words substituted by subsection (1) above; or
words substituted by virtue of this subsection ; or
provide that subsections (7)(a)(ii), (7A) and (8) of the said section 1 shall apply with such modifications as he may specify in the order;
A statutory instrument under subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The foregoing provisions of this section shall have no effect as regards the exercise of a right to purchase by application under section 2(1) of the 1980 Act if the offer to sell has been duly served (whether by the landlord or, under section 7(3)(a) of that Act, by the Lands Tribunal for Scotland) before the date of coming into force of this section.
After section 4 of the 1980 Act there shall be inserted the following section—.
After section 9A of the 1980 Act there shall be inserted the following section—.
After the section inserted into the 1980 Act by section 5 of this Act there shall be inserted the following section—.
After section 25 of the 1980 Act there shall be inserted the following cross-heading and section—.
For subsection (1A) of section 27 of the 1980 Act (publication of rules as to housing lists etc.) there shall be substituted the following subsections—.
In section 31 of the 1980 Act (local authority indemnities for building societies)—
in subsection (1)—
after the words "(Northern Ireland) 1967)" and, at the second and third places where they occur, " building society " there shall in each case be inserted the words " or recognised body ";
for the words " the standard security " there shall be substituted the words " a heritable security ";
in subsection (2) for the words "under the standard security" there shall be substituted the words " . or recognised body, under the heritable security ";
in subsection (5) after the words " building societies " there shall be inserted the words " or recognised bodies "; and
after subsection (5) there shall be inserted the following subsections—
In Schedule 1 to the 1980 Act, paragraph 1 (tenancy not to be secure tenancy if for period exceeding 20 years) shall cease to have effect.
In Schedule 2 to the 1980 Act (grounds for recovery of possession of dwelling-houses let under secure tenancies), after paragraph 5 there shall be inserted the following paragraph—.
The 1980 Act shall have effect subject to the amendments specified in Schedule 1 to this Act.
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After section 15 of the 1985 Act there shall be inserted the following section—.
Sections 44 (projects qualifying for housing association grant: repair or improvement after exercise of right to buy etc.) and 45 (projects qualifying for such grant: disposal to tenant of charitable housing association etc.) of the 1985 Act shall apply to Scotland ; and accordingly—
in the said section 44—
in subsection (1), after the word "exercise" there shall be inserted the word " — (a) "; and after the words " 1985 " there shall be inserted the following paragraph—; or;
in subsection (2), after the word " exercised " there shall be inserted the word " — (a) "; and after the word " lease " there shall be inserted the following paragraph—; or; and
for subsection (3) there shall be substituted the following subsection—; and
in the said section 45—
in subsection (2), after the word "for" there shall be inserted the word " — (a) " and at the end there shall be added the following words—; or;
in subsection (3), at the end there shall be added the words " ; and a dwelling is also publicly funded for this purpose if it is in Scotland and housing association grant has been paid in respect of a project which included its improvement or repair or, where it and another dwelling are both provided for letting under the project, the improvement or repair of that other dwelling. ";
in subsection (4), at the beginning there shall be inserted the words " In England and Wales, "; and
after subsection (4) there shall be added the following subsection—.
In section 52 of the 1985 Act (reduction, suspension or reclamation of housing association grant), at the end of subsection (1) there shall be added the following words—or.
In subsection (3)(b) of the said section 52, for the words " or (e) " there shall be substituted the words " (e), (f) or (g) ".
In paragraph 22(2) of Schedule 3 to the Local Government (Scotland) Act 1975 (restrictions on use of capital and renewal and repair funds), after the word “restaurant” there shall be inserted the words “ ; and if the renewal and repair fund is used so to meet expenditure incurred by the authority in relation to any house, or other property, to which their housing revenue account relates, the amount in question shall, subject to paragraph 1(7) of Schedule 4 to the Housing (Financial Provisions) (Scotland) Act 1972, first to be carried to the credit of that account ”.
In section 4 of the Housing (Financial Provisions) (Scotland) Act 1978 (grants to Scottish Special Housing Association and development corporations)—
for subsection (1) there shall be substituted the following subsection—; and
in subsection (2), for the words from " calculated " to " State " there shall be substituted the words " approved by the Secretary of State and calculated in accordance with rules made by him ".
After the said section 4 there shall be inserted the following section—.
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The Building (Scotland) Act 1959 shall be amended in accordance with the following provisions of this section.
In section 3 (4) (b) (circumstances in which building standards regulations are not to apply), after the words " exempted classes " there shall be inserted the words " , to such extent as may be specified in the regulations ".
For section 4B (power of Secretary of State to approve types of building, etc.), there shall be substituted the following section-—.
After section 6 there shall be inserted the following section—.
In section 9 (certificate of completion), after subsection (2) there shall be inserted the following subsection—.
For section 20 (fees chargeable by local authorities) there shall be substituted the following section—.
The Land Compensation (Scotland) Act 1973 shall be amended in accordance with the following provisions of this section.
In section 27(1) (right to home loss payment where person displaced from dwelling)—
after paragraph (e) there shall be inserted the following paragraph—; and
after sub-paragraph (v) there shall be inserted the following sub-paragraph—.
In section 29 (supplementary provisions about home loss payments), after subsection (7) there shall be inserted the following subsection—.
The Housing (Homeless Persons) Act 1977 shall be amended in accordance with the following provisions of this section.
In section 1(2) (homeless persons and persons threatened with homelessness) after paragraph (c) there shall be inserted the following paragraph—
In section 4 (duties of housing authorities to homeless persons and persons threatened with homelessness) after subsection (6) there shall be inserted the following subsection_.
In this Act—
" the 1980 Act " means the Tenants' Rights, Etc. (Scotland) Act 1980; and
“the 1980 Act” means the Tenants’ Rights, Etc. (Scotland) Act 1980; and
"the 1985 Act" means the Housing Associations Act 1985.
“the 1985 Act” means the Housing Associations Act 1985.
The Secretary of State may by order made by statutory instrument make such incidental, consequential, transitional or supplementary provision as appears to him to be necessary or proper for giving full effect to, or in consequence of any of the provisions of, this Act.
A statutory instrument made under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
paragraph 7(a)(ii) and (b)(ii) of Schedule 1 to this Act shall have no effect as regards any case in which repayment has become exigible under subsection (1) of section 6 of the 1980 Act before the coming into force of that paragraph; but in any other case the terms of any standard security, offer to sell or concluded missives shall, in so far as they are inconsistent with the period of years specified in that subsection, or with the proportions specified in subsection (3) of that section, have effect as if so modified as to obviate that inconsistency.
There shall be paid out of the money provided by Parliament any—
sums required by the Secretary of State for making grants, loans or other payments by virtue of this Act,
administrative expenses incurred by him by virtue of this Act;
increase attributable to the provisions of this Act in the sums which under any other enactment are paid out of money so provided.
The enactments specified in Schedule 2 to this Act shall have effect subject to the amendments there specified, (being minor amendments or amendments consequential on the provisions of this Act).
The enactments specified in Schedule 3 to this Act are repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the Housing (Scotland) Act 1986.
This Act, except this section, shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument; and different days may be so appointed for different provisions and for different purposes.
This Act applies to Scotland only.
In section 1 (secure tenant's right to purchase)—
in subsection (1A)—
after the word " Act" there shall be inserted the word " —(a) ";
in the proviso, for the word " subsection" there shall be substituted the word " paragraph "; and
after the proviso there shall be added the following paragraph—;
in subsection (4)(d), for the words " over the age of 18 years and at the relevant date the dwelling-house has been their only or principal home for a continuous period of 6 months, and" there shall be substituted the words " at least 18 years of age, that they have, during the period of 6 months ending with the relevant date, had their only or principal home with the tenant and that ";
in subsection (5)—
for the words " subsection (7)" there shall be substituted the words " subsections (7) and (7A) "; and
in paragraph (b)(ii), for the words "tenant or by any one of the joint tenants or by his spouse " there shall be substituted the words " appropriate person ";
after subsection (5) there shall be inserted the following subsection—;
in subsection (10)—
after paragraph (d) there shall be inserted the following paragraphs—;
in paragraph (h), for the words " or section 19(9)(b) of the Police (Scotland) Act 1967 " there shall be substituted the words " , as read with subsection (9)(b) of section 19, of the Police (Scotland) Act 1967 or a joint police committee constituted by virtue of subsection (2)(b) of the said section 19 ";
in paragraph (i). after the words " 1959" there shall be inserted die words " (or a joint committee constituted by virtue of section 36(4)(b) of the Fire Services Act 1947) "; and
in paragraph (l). for the words " by the tenant or occupier " there shall be substituted the words " , whether by the tenant or his spouse, ";
in subsection (11)—
in paragraph (a), for the words " of paragraphs (a), (b) or (c)" there shall be substituted the words " paragraph, other than (g), "; and
at the end of paragraph (c) there shall be added the following paragraphs—;;
after subsection (11) there shall be inserted the following subsections—; and
in subsection (12), in the definition of " occupation "—
as a child, or as the spouse of a child, of a person mentioned in paragraph (i) above who has succeeded, directly or indirectly, to the rights of that person in a dwelling-house occupation of which would be reckonable for the purposes of this section; but only in relation to any period when the child, or as the case may be spouse of the child, is at least 16 years of age ; or in the discretion of the landlord, as a member of the family of a person mentioned in paragraph (i) above who, not being that person's spouse or child (or child's spouse), has succeeded, directly or indirectly, to such rights as are mentioned in paragraph (iii) above ; but only in relation to any period when the member of the family is at least 16 years of age ; and
for the word " disregarded" there shall be substituted the words " regarded as not affecting continuity ";
for the word " subsection" there shall be substituted the words " subsections (3) and "; and
for the words "in connection with service by the tenant or occupier as a member of the regular armed forces of the Crown " there shall be substituted the words " as is mentioned in subsection (10)(f) above ".
In section 1A(2) (restriction on order vesting in landlord heritable proprietor's interest), for the words " of paragraphs (a), (b), (c) and (f) " there shall be substituted the words " paragraph, other than (8). ".
After section 1A there shall be inserted the following section—.
In section 2(6) (time for serving notice of acceptance), after sub-paragraph (iiia) there shall be inserted the following sub-paragraph—.
In section 4—
in subsection (7)(a) (order affecting right of pre-emption where unreasonable proportion of dwelling-houses in rural area sold other than as principal homes), for the words "the number of dwelling-houses of which the council concerned is the landlord at the date of commencement of this Part of this Act" there shall be substituted the words " all relevant dwelling houses " ; and
after subsection (7) there shall be inserted the following subsection—.
In section 5(1) (loan to purchase dwelling-house), after the word " body; " there shall be inserted the following paragraph—.
In section 6 (recovery of discount on early re-sale)—
in subsection (1), for the words—
(except as provided for in section 6A of this Act)
" 5 years " there shall be substituted the words " 3 years "; and
"a proportion of the discount under section 1(5)(b) of this Act in accordance with subsection (3) below " there shall be substituted the words " , in accordance with subsection (3) below, a proportion of the difference between the market value determined, in respect of the dwelling-house, under section 1(5)(a) of this Act and the price at which the dwelling-house was so purchased ";
in subsection (3)—
for the word " discount" there shall be substituted the word " difference ";
for the words from " 80 " to the end there shall be substituted the words " 66 per cent where it occurs in the second such year and 33 per cent where it occurs in the third such year. ";
in subsection (5), at the end there shall be added the words " For the avoidance of doubt, paragraph (a) above applies to a standard security granted in security both for the purpose mentioned in sub-paragraph (i) and for that mentioned in sub-paragraph (ii) thereof as it applies to a standard security so granted for but one of those purposes. " ; and
in each of subsections (5) and (6), for the words " repay a proportion of discount under this section" there shall be substituted the words " make a repayment under subsection (1) above ".
After section 6 there shall be inserted the following section—.
In section 8(1) (powers of local authorities to sell houses), for the words "Notwithstanding anything contained in any" there shall be substituted the words " Subject to section 74(2) of the Local Government (Scotland) Act 1973 (restriction on disposal of land) but notwithstanding anything contained in any other ".
In section 10(4)(6) (application of certain provisions to tenancies which are not secure tenancies), after the word "2" there shall be inserted the words " or 9 ".
In section 13(2) (succession to secure tenancy)—
for paragraph (a) there shall be substituted the following paragraph—; and
in paragraph (c), for the word " over " there shall be substituted the words " who has attained " .
In section 15 (power of court to adjourn proceedings for possession of dwelling-house)—
in subsection (1), for the words from "1 to" to "Part I" there shall be substituted the words " 1 to 7 and 16 of Part I ";
for subsection (2) there shall be substituted the following subsection—; and
in subsection (3), after the words " (2)(b)" there shall be inserted the words " or (c) ".
For section 26 (restriction on residential requirements) there shall be substituted the following sections—.
In section 27(2A) (certain registered housing association rules to be available for perusal), for the words " (1A)(a)(ii)" there shall be substituted the words " (lA)(b)(i) ".
In section 30—
in subsection (4) (home loan interest rate chargeable) at the beginning there shall be inserted the words " Subject to subsection (8) below, "; and
for subsection (8) (variation of home loan interest rate), there shall be substituted the following subsections—.
In section 82 (interpretation), for the definition of "family" there shall be substituted the following definition—.
After section 82 there shall be inserted the following section—.
At the end of Schedule 1 (tenancies which are not secure tenancies) there shall be added the following cross-headings and paragraphs—.
In Part I of Schedule 2 (grounds on which courts may order recovery of possession of dwelling-house)—
in paragraph 10—
for the words "The landlord intends" there shall be substituted the words " It is intended ";
for the word "it" there shall be substituted the words " such demolition or work "; and
for the words "do so without" there shall be substituted the words " take place without the landlord "; and
at the end there shall be added the following paragraph—.
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In section 8(7) of the Land Tenure Reform (Scotland) Act 1974 (saving)—
for the words “1971” there shall be substituted the words “ 1984 or a secure tenancy within the meaning of the Tenants’ Rights, Etc. (Scotland) Act 1980 ”; and
for the words “that Act” there shall be substituted the words “ either of those Acts ”.
The Housing Associations Act 1985 shall be amended in accordance with this paragraph. In section 8(1) (power of registered housing associations to dispose of land), after the word “buy)” there shall be inserted the words “ and Part I of the Tenants’ Rights, Etc. (Scotland) Act 1980 (analogous Scottish Provisions) ”. In section 15(1) (prohibition on payments etc. by certain registered housing associations), at the end there shall be added the words “ or by section 15A of this Act ”. shared ownership agreement (in relation to Scotland) section 106 In section 42 (projects qualifying for housing association grant: accommodation for letting, hostels), in subsection (2)(a)— In section 86 (Housing Corporation indemnities for building societies)— In section 106 (interpretation), at the end there shall be added the following subsection—. In section 107—
Chapter Short title Extent of repeal 10 & 11 Eliz. 2. c. 37 The Building Societies Act 1962. In Schedule 3.3(2)(b), the word “and” where it first occurs. 1968 c. 31. The Housing (Financial Provisions) (Scotland) Act 1968. Section 25(1)(d). 1980 c. 52. The Tenants’ Rights, Etc. (Scotland) Act 1980. In section 1(8), the word “and” at the end of paragraph (c). In section 1(11), the words “nor” at the end of paragraph (b). In section 10(2), the word “and” at the end of paragraph (f). In section 30(5), the words “and the standard rate shall be effective from the date when it is declared by the Secretary of State”. In Schedule 1, paragraph 1. 1985 c. 69. The Housing Associations Act 1985. Section 100. In section 106(2), the definition of “heritable security”. In section 107(3), the words “17(4),”; the words “sections 44 and 45,”; the word “(3)” where it occurs in the entry relating to section 52; and the words “section 105,”.