Office of Public Sector Information

(3)Where an application in that behalf is made to a local authority in relation to any house, an improvement grant shall be made under subsection (1) in respect of the cost of executing works required for the house to be provided with a standard amenity, notwithstanding that the house already has such a standard amenity, if in the opinion of the local authority the additional standard amenity to be provided is essential to the needs of a disabled occupant.

(4)Paragraph (a) of subsection (1) shall not apply where the house in respect of which application for a grant is made is not likely to be available for use as a house for a period of at least 10 years.

(5)Subsection (1) shall not apply in respect of a house which is or forms part of a house or building as regards which the local authority are satisfied that they have power to serve a notice under section 161 (power to require execution of works of descriptions other than work to make good neglect).

(6)Subject to subsection (8), the standard amenities for the purposes of this Part are the amenities which are described in the first column of Part I of Schedule 18 and which will be for the exclusive use of the occupants of the house to which the application relates.

(7)The amount of an improvement grant made under this section shall be 50 per cent. or such other percentage as may be prescribed of the approved expense, which shall be subject to a limit determined in accordance with Part II of Schedule 18.

(8)The Secretary of State may by order vary the provisions of Schedule 18, and any such order may contain such transitional or other supplementary provisions as appear to the Secretary of State to be expedient.

(9)Section 86 shall have effect for determining whether a house meets the tolerable standard for the purposes of subsection (1) as it has effect for determining whether a house meets that standard for the purposes of Part IV.

(10)The Secretary of State may by order—

(a)vary the requirements of subsection (1)(a) and (b);

(b)vary the amount specified in subsection [F1(7)], so as to provide for different amounts of grant to apply for different classes of cases.

(11)Schedule 18 shall have effect for the purpose of specifying the standard amenities and the maximum eligible amount of improvement grant in respect thereof.

(12)The percentage of the approved expense that may be prescribed under subsection (7) or (10)(b) shall be prescribed by order of the Secretary of State made with the consent of the Treasury.

(13)An order made under subsection (8) or (10)(a) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(14)An order made under subsection (12) shall be made by statutory instrument and shall not be made unless a draft has been laid before and approved by resolution of the House of Commons.

245 Grants restricted to applicant and his personal representatives

In relation to a grant or an application for a grant, any reference in the preceding provisions of this Part to the applicant shall be construed, in relation to any time after his death, as a reference to his personal representatives.

246 Conditions to be observed with respect to houses in respect of which an improvement grant has been made, and registration thereof

(1)Where an application for an improvement grant has been approved by a local authority, the provisions of this section shall apply with respect to the house for a period of 5 years beginning with the date on which, in the opinion of the local authority, it first becomes fit for occupation after the completion of the improvement works, and shall, so long as those provisions are required to be so observed, be deemed to be part of the terms of any lease or tenancy of the house and shall be enforced accordingly.

(2)It shall be a condition of the grant that—

(a)the house shall not be used for the purposes other than those of a private dwelling-house, but a house shall not be deemed to be used for the purposes other than those of a private dwelling-house by reason only that part thereof is used as a shop or office, or for business, trade or professional purposes;

(b)the house shall not be occupied by the owner or a member of his family except as his only or main residence within the meaning of Part V of the M1Capital Gains Tax Act 1979;

(c)all such steps as are practicable shall be taken to secure the maintenance of the house in a good state of repair.

(3)The owner of the house shall, on being required to do so by the local authority, certify that the conditions specified in subsection (2) are being observed with respect to the house, and any tenant of the house shall, on being so required in writing by the owner, furnish to him such information as he may reasonably require for the purpose of enabling him to comply with the provisions of this subsection.

(4)A local authority shall not, as a prerequisite of approving a grant, require any conditions or obligations, other than the conditions mentioned in this Part or other statutory obligations to be observed with respect to a house in respect of which an improvement grant has been made under this Part.

(5)The provisions of Schedule 19 shall have effect in the event of a breach of any of the conditions mentioned in this section at a time when they are required to be observed with respect to a house.

(6)Where a local authority pay an improvement grant or, in a case where an improvement grant is payable partly in instalments as the improvement works progress and the balance after the completion of the works in respect of a house, they shall specify in the notice or record mentioned respectively in subsections (7) and (8) the matters specified in subsection (9).

(7)If subsection (6) applies, the local authority shall, where the applicant for the grant was not a tenant-at-will or was a tenant-at-will who since applying, has acquired his landlord’s interest in the tenancy, cause to be recorded in the General Register of Sasines or registered in the Land Register, as the case may be, a notice in such form as may be prescribed.

(8)If subsection (6) applies, the local authority shall, where that applicant was and continues to be a tenant-at-will, keep a written record.

(9)The matters to be specified are—

(a)the conditions mentioned in this section which are required to be observed with respect to the house;

(b)the period for which the conditions are to be observed; and

(c)the provisions of Schedule 19 under which, on a breach of any of the said conditions at a time when they require to be observed, the owner of the house becomes liable to repay to the authority the amount repayable by virtue of that Schedule.

(10)Any expenses incurred under subsection (7) recording the notice in the Register of Sasines or registering it in the Land Register, as the case may be, shall be repaid to the local authority by the applicant.

247 Voluntary repayment of improvement grants

(1)The owner of a house in respect of the provision or improvement of which an improvement grant has been made or the holder of a heritable security over the house, being a heritable creditor entitled to exercise his power of sale, may, at any time when the conditions specified in section 246 are required to be observed with respect to the house, pay to the local authority the like amount as would become payable to them by virtue of Schedule 19 in the event of a breach of any of the conditions referred to in section 246(2), and on the making of the payment observance with respect to the house of those conditions shall cease to be requisite and the provisions of paragraph 7 of the said Schedule shall apply for the purposes of this subsection as they apply for the purposes of that Schedule.

(2)A sum paid under subsection (1) by a heritable creditor shall be treated as part of the sum secured by the heritable security.

Repairs grants

248 Repairs grants

(1)Subject to the provisions of this section, where an application for a repairs grant is duly made a local authority—

(a)shall approve the application in so far as it relates to the execution of works required by a notice under section 108(1) (repair notices); and

(b)in so far as it does not so relate, may approve the application in such circumstances as they think fit.

(2)A local authority shall not approve an application under this section unless they are satisfied that the house to which the application relates will provide satisfactory housing accommodation for such period as they consider reasonable.

(3)In considering whether or not to approve an application for a repairs grant, a local authority shall have regard to the question whether, in their opinion, the owner would, without undue hardship, be able to finance the expense of the relevant works without the assistance of a repairs grant:

(4)The amount of a repairs grant shall not exceed 50 per cent., or such other percentage as may be prescribed, of the approved expense of the works, but the approved expense shall not exceed £4,800 or such other amount as may be prescribed in respect of each house to which the application relates.

(5)Sections 237 to 247 (other than sections [F1242(1), (3), (5) and (7) to (10) and 244]) shall apply [F2in relation to an application for a repairs grant or to] a repairs grant as they apply [F3in relation to an application for an improvement grant or to] an improvement grant, except that for the purposes of the application of section 243(1)(b), for the words “section 242(1) or as the case may be section [F4244(7)]” are substituted the words “section 248(4)”:

(6)References in this section to a house shall, in relation to an application made under this section for a grant in respect of works which are to rectify defects specified in a notice under section 108(1), be construed as including references to premises other than a house; but where such an application relates to such premises—

(a)the local authority shall not, under subsection (2), approve the application unless they are satisfied that the premises form part of a building which contains a house or houses and that house or, as the case may be, all those houses will provide satisfactory housing accommodation as mentioned in that subsection;

(b)subsection (4) shall be construed as if the reference in it to each house were a reference to each of the premises other than a house; and

(c)subsection (5) shall be construed as if the enactments excepted by that subsection included sections 240(2) to (6), 246(1), (2), (3), and (5) to (10) [F7and 247].

(7)A case that is prescribed under the proviso to subsection (3) 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.

(8)The percentage of the approved expense that may be prescribed under subsection (4) shall be prescribed by order of the Secretary of State made with the consent of the Treasury.

(9)An order made under subsection (8) shall be made by statutory instrument and shall not be made unless a draft has been laid before and approved by resolution of the House of Commons.

(10)The maximum approved expense that may be prescribed under subsection (4) 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.

[F8(11)An order under this section may make different provision with respect to different cases or descriptions of case.]

Grants for fire escapes

249 Grants for fire escapes for houses in multiple occupation

(1)Subject to the provisions of this section, where an application for a grant for a fire escape 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 so much of such amount as relates to works referred to in—

(a)paragraph (a) of subsection (1) shall not exceed £8,100 or such other amount as may be prescribed under subsection (8);

(b)paragraph (b) of that subsection shall not exceed £3,000 or such other amount as may be prescribed under subsection (8).

(4)Subject to subsection (5), the amount of grant payable under subsection (1) above in relation to any application shall be 75 per cent. of the maximum amount determined under subsection (3) above in relation thereto or such other percentage of that maximum amount as may be prescribed under subsection (9).

(5)If, in any case, 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 work as is not met by the grant, they may, as regards that case, increase the percentage referred to in subsection (4) above to such percentage, not exceeding 90 per cent., as they think fit.

(6)Sections 236 to 239 and 241 to 247 (other than section 241(3)(b), section 242(1), [F1, (3) and (5) to (10)] and section 244) shall apply [F2in relation to an application for a grant under subsection (1) or to] a grant under subsection (1) as they apply [F3in relation to an application for an improvement grant or to] an improvement grant, except that for the purposes of the application of section 243(1)(b), for the words “section 242(1) or as the case may be section [F4244(7)]” are substituted the words “section 248(4) or (5) as the case may be”.

(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)(a) or (b) 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.

(9)The percentage of the maximum amount that may be prescribed under subsection (4) shall be prescribed by order of the Secretary of State made with the consent of the Treasury.

(10)An order made under subsection (9) shall be made by statutory instrument and shall not be made unless a draft has been laid before and approved by resolution of the House of Commons.

[F5(11)An order under this section may make different provision with respect to different cases or descriptions of case.]

Grants for houses in housing action areas

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

(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:

(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”.

[F1 Improvement of energy efficiency and safety

F1250A Encouragement of works to improve energy efficiency and safety

(1)This section applies where, in relation to a house—

(a)an application for an improvement grant or a repairs grant has been made,

(b)on completion of the work to which the application relates, the house will—

(i)meet the tolerable standard, and

(ii)be in a good state of repair (disregarding the state of internal decorative repair) having regard to the age, character and locality of the house, and

(c)the works specified in subsection (2), or any of them, are required for the improvement of the house.

(2)Those works are—

(a)in any case—

(i)replacement of unsafe electrical wiring,

(ii)installation of mains-powered smoke detectors,

(iii)provision of adequate thermal insulation,

(b)in the case of a building in common ownership, installation of—

(i)a fire-retardant door at the entry to each house,

(ii)a main door entry-phone system.

(3)Where this section applies, the local authority may invite the applicant to make an improvement grant application (or, as the case may be, a further application) in respect of the works specified in subsection (2).]

Improvement of amenity grants

251 Powers of local authority for improvement of amenities

(1)For the purpose of securing the improvement of the amenities of a predominantly residential area within their district, a local authority may—

(a)carry out any works on land owned by them and assist (whether by grants or loans or otherwise) in the carrying out of any works on land not owned by them;

(b)with the agreement of the owner of any land, carry out or arrange for the carrying out of works on that land at his expense, or at the expense of the local authority, or in part at the expense of both;

(c)acquire any land by agreement;

and may be authorised by the Secretary of State to purchase any land compulsorily.

(2)The M1Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply to a compulsory purchase of land under subsection (1) as if that subsection had been in force immediately before the commencement of this Act.

Grants for thermal insulation

F1252. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1253. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

254, 255.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Agricultural tenants, etc

256 Application of this Part to agricultural tenants, etc

(1)For the purposes of the provisions of this Part, a tenant, crofter, landholder or statutory small tenant shall be deemed to be the owner of any house, building or other land on his farm, croft or holding if in respect of the execution thereon of improvement works he would, on the termination of his tenancy, be entitled to compensation under the [F1Agricultural Holdings (Scotland) Act 1991] or the Crofters (Scotland) Acts 1955 and 1961 or the Small Landholders (Scotland) Acts, 1886 to 1931 (as the case may be) as for an improvement.

(2)Where by virtue of subsection (1) an improvement grant or a repairs grant is made to a crofter, a landholder or a statutory small tenant in respect of a house on his croft or holding, the local authority shall forthwith intimate to the landlord of the croft or holding that an improvement grant or a repairs grant has been so made, and shall inform him of the amount thereof.

(3)If at any time within the period during which conditions are required by section 246 to be observed with respect to a house provided on a farm, croft or holding otherwise than by the landlord thereof, compensation becomes payable in respect of the house, or of any improvement works executed in relation thereto, as for an improvement under the [F1Agricultural Holdings (Scotland) Act 1991] or the Crofters (Scotland) Act 1955 and 1961 or the Small Landholders (Scotland) Acts 1886 to 1931 (as the case may be), so much of the value of the house or works as is attributable to the sum paid by way of improvement grant or repairs grant, shall be taken into account in assessing the compensation so payable and shall be deducted therefrom.

(4)The landlord of a farm, croft or holding on which there is a house with respect to which conditions are for the time being required to be observed by virtue of section 246, shall not at any time within the period during which those conditions are so required to be observed be entitled to obtain any consideration by way of rent or otherwise in respect of so much of the value of the house, or of any improvement works executed in relation thereto, as is attributable to the sum paid by way of improvement grant or repairs grant.

[F1256A Application of this Part to the Scottish Ministers

Any power of a local authority to make grants, and any function of a local authority in relation to the making of grants, under this Part is exercisable by the Scottish Ministers as it is by the local authority.]