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HOUSING (SCOTLAND) ACT 1986

UK Public General Acts

Version 01/05/2005

1986 CHAPTER 65

Default Geographical Extent: S


  • Amendment of Housing Associations Act 1985
  • Housing Expenditure and Grants
  • Amendment of Building (Scotland) Act 1959
  • Amendment of Land Compensation (Scotland) Act 1973
  • Supplemental
  • Version 01/05/2005
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  • Version 01/11/2001
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  • Version 01/02/1991

Introductory Text

Housing (Scotland) Act 1986

1986 CHAPTER 65

An Act to amend the Tenants’ Rights, Etc. (Scotland) Act 1980, the Housing Associations Act 1985 in its application to Scotland and the Building (Scotland) Act 1959; to make further provision as regards housing in Scotland; and for connected purposes.

[7th November 1986.]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1—12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1 Ss. 1–12, 18, 21, Sch. 1 and Sch. 2 para. 2 repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(3), Sch. 24


Amendment of Housing Associations Act 1985


13

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

F3 (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F2 Ss. 13(1), 14–16, Sch. 2 para. 4(8)(a) repealed by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18

F3 S. 13(2) repealed (1.11.2001) by 2001 asp 10, Sch. 10 para. 12; S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table


14—16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Annotations:

Amendments (Textual)

F4 Ss. 13(1), 14–16, Sch. 2 para. 4(8)(a) repealed by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18


Housing Expenditure and Grants


17 Precondition as regards use of renewal and repairs fund for certain housing expenditure.

In paragraph 22(2) of Schedule 3 to the M1 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 M2 Housing (Financial Provisions) (Scotland) Act 1972, first to be carried to the credit of that account ”.

Annotations:

Marginal Citations

M1 1975 c. 30.

M2 1972 c. 46.


18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Annotations:

Amendments (Textual)

F5 Ss. 1–12, 18, 21, Sch. 1 and Sch. 2 para. 2 repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(3), Sch. 24


Amendment of Building (Scotland) Act 1959


F6 19 Amendment of Building (Scotland) Act 1959.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F6 S. 19 repealed (1.5.2005) by Building (Scotland) Act 2003 (asp 8), s. 59(1), Sch. 6 para. 16 (with s. 53); S.S.I. 2004/404, art. 2(1)


Amendment of Land Compensation (Scotland) Act 1973


20 Compensation for person displaced from dwelling-house let under secure tenancy.

(1) The M3 Land Compensation (Scotland) Act 1973 shall be amended in accordance with the following provisions of this section.

(2) In section 27(1) (right to home loss payment where person displaced from dwelling) —

(a) after paragraph (e) there shall be inserted the following paragraph—
“(f) an order for recovery of possession of the dwelling under section 15(2) of the Tenants’ Rights, Etc. (Scotland) Act 1980, on the ground set out in paragraph 10 of Part I of Schedule 2 to that Act,”; and
(b) after sub-paragraph (v) there shall be inserted the following sub-paragraph—
“(vi) where paragraph (f) above applies, the landlord.”.
(3) In section 29 (supplementary provisions about home loss payments) , after subsection (7) there shall be inserted the following subsection—

“(7AA) If a landlord recovers possession of a dwelling by agreement—
(a) after serving notice under section 14 of the Tenants’ Rights, Etc. (Scotland) Act 1980 on the tenant specifying the ground set out in paragraph 10 of Part I of Schedule 2 to that Act; or
(b) where, but for that agreement, it would have served such notice on him specifying that ground,
it may, in connection with the recovery, make to him a payment corresponding to any home loss payment which it would be required to make to him if the recovery were by order under section 15(2) of that Act.”.
Annotations:

Marginal Citations

M3 1973 c. 56.


21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Annotations:

Amendments (Textual)

F7 Ss. 1–12, 18, 21, Sch. 1 and Sch. 2 para. 2 repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(3), Sch. 24


Supplemental


22 Interpretation.

In this Act— “the 1980 Act” means the Tenants’ Rights, Etc. (Scotland) Act 1980; and “the 1985 Act” means the M4 Housing Associations Act 1985.

Annotations:

Marginal Citations

M4 1985 c. 69.