Office of Public Sector Information
PART 2 continued
(1) At any time when the conditions mentioned in section 83 require to be complied with in relation to any land or premises, the owner or a creditor in a standard security with a right to sell may pay to the local authority the sum which would be payable by virtue of section 86 in the event of a breach of those conditions.
(2) The reference in subsection (1) to a “right to sell” is a reference to the right of the creditor to sell the land or premises under—
(a) section 20(2) or 23(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35), or
(b) a warrant granted under section 24(1) of that Act.
(3) On the making of the payment observance of those conditions ceases to be required.
(4) Where, following a breach of any of those conditions, the local authority demands payment under section 86(1), observance of the conditions mentioned in section 83 ceases to be required.
(5) On the making of a payment referred to in subsection (3) or a demand for payment referred to in subsection (4) the authority must—
(a) if a notice was registered under subsection (1) of section 84, register a further notice in the appropriate land register,
(b) if a written record was kept under subsection (3) of that section, amend that record,
specifying that observance of the conditions is no longer required.
(6) The owner for the time being of the land or premises must pay to the local authority the amount of the expenses of registering the notice under subsection (5).
(7) A sum paid under subsection (1) by a creditor in a standard security forms part of the sum secured by the standard security.
(1) In the event of a breach of any of the conditions mentioned in section 83 which apply to any land or premises, the local authority must, subject to subsections (2) to (4), demand from the owner for the time being of the land or premises payment of the sums specified in section 87.
(2) If the authority is satisfied that the breach of any condition can be remedied it may, with the consent of the Scottish Ministers and subject to any conditions imposed by them, suspend the operation of subsection (1) for such period as they consider necessary to enable the breach to be remedied.
(3) If the breach is remedied within that period the authority may direct that the breach is to be disregarded for the purposes of this section.
(4) If the authority—
(a) considers that the breach cannot be remedied, but
(b) is satisfied that it was not due to the act, default or connivance of the owner for the time being of the land or premises,
it may, with the consent of the Scottish Ministers and subject to any conditions approved by them, direct that the breach is to be disregarded for the purposes of this section.
(5) On the application of the authority the sheriff within whose jurisdiction the land is, or premises are, situated may, whether or not any other relief is claimed, grant an interdict restraining a breach or apprehended breach of any of those conditions.
(1) In the case of a grant, the sums mentioned in section 86(1) are—
(a) the whole amount of the grant in relation to the work in question, and
(b) interest on the grant accruing from the date of its payment or, where it was paid by instalments, from the date of payment of the final instalment to the date on which the amount mentioned in paragraph (a) is paid.
(2) In the case of a standard loan, those sums are—
(a) the whole amount of the loan in relation to the work in question, and
(b) any interest or other charge on the loan which has accrued to the date on which the amount mentioned in paragraph (a) is paid and which remains outstanding on that date.
(3) In the case of a subsidised loan, those sums are—
(a) the whole amount of—
(i) the repayment element, and
(ii) the interest free element,
of the loan in relation to the work in question,
(b) any interest or other charge on the repayment element which has accrued to the date on which the amount mentioned in paragraph (a)(i) is paid and which remains outstanding on that date, and
(c) any interest or other charge on the interest free element, for which the applicant would have been liable had that element been treated as forming part of the repayment element and which would have accrued to the date on which the amount mentioned in paragraph (a)(ii) is paid.
(4) The reference to “interest” in subsection (1)(b) is to compound interest at such reasonable rate as the local authority determines and with yearly rests.
(1) Where an application for a grant or subsidised loan has been approved in respect of any work—
(a) a local authority must not approve a further grant or, as the case may be, subsidised loan in respect of the same work, but
(b) where an application for a grant has been approved, a local authority may approve an application for a standard loan in respect of the same work for an amount not exceeding the amount of the approved expense less the amount of the grant.
(2) Where an application for a grant or a subsidised loan has been approved in respect of any work, the local authority must not, within the period of 10 years beginning with the date on which the application was approved, approve a further application for a grant or subsidised loan in respect of the land on or premises in which the work is carried out unless it is satisfied that at least one of the conditions set out in subsection (3) applies.
(3) Those conditions are—
(a) that the need for the work to which the further application relates was not reasonably foreseeable when the original application was approved,
(b) that it would not have been reasonably practicable to carry out that work at the same time as the work to which the original application related,
(c) that the work to which the further application relates was not considered by the authority to be eligible for a grant or subsidised loan when the original application was approved,
(d) the application is made in response to an invitation made by the authority to the applicant under section 90(1).
(1) A person who—
(a) knowingly or recklessly makes a statement—
(i) in an application for a grant or loan, or
(ii) in response to a requirement made under section 74(4),
which is false in a material particular, or
(b) fails, without reasonable excuse, to notify the local authority, as soon as reasonably practicable, of any change of circumstances which—
(i) occurs prior to notification of the authority’s decision on an application for a grant or loan being given to that person, and
(ii) that person could reasonably be expected to regard as material to the application,
is guilty of an offence.
(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1) Where—
(a) an application for a grant or loan has been made in respect of work in any premises, and
(b) the local authority considers that those premises will, on completion of that work—
(i) where the premises are a house, meet the tolerable standard, and
(ii) in any case, be in a reasonable state of repair (disregarding the state of internal decorative repair) having regard to the age, character and locality of the premises,
the local authority may invite an application (or, as the case may be, a further application) for a grant or subsidised loan in respect of any work in those premises of the type specified in subsection (2).
(2) The work in respect of which such an invitation may be made is—
(a) in the case of a house—
(i) replacement of unsafe electrical wiring,
(ii) installation of mains-powered smoke detectors,
(iii) provision of adequate thermal insulation, and
(b) in the case of any premises any part of which is owned in common, installation of—
(i) a fire-resistant door at the entry to each place forming part of those premises which is, or which is capable of being, occupied separately,
(ii) a main door entry-phone system.
(1) A local authority may make payments to a designated lender for the purposes of enabling or assisting the lender to lend sums to individuals to assist them with—
(a) the acquisition or sale (or the proposed acquisition or sale) of a house, or
(b) work on any land or any premises for any of the purposes mentioned in section 71(2).
(2) A “designated lender” is an organisation which—
(a) carries on a business providing such assistance, and
(b) does not carry on that business for profit.
(3) Payments made under subsection (1) may be subject to such terms as the authority thinks fit.
(4) Those terms may include—
(a) terms as to repayment,
(b) terms restricting the terms on which the designated lender lends sums to individuals.
(5) The Scottish Ministers may, by regulations—
(a) amend the definition of “designated lender” in subsection (2),
(b) make provision as to the terms which may be imposed under subsection (3) (including provision restricting or requiring the imposition of a term).
A tenant is not eligible for a grant or loan unless the work to which the grant or loan relates—
(a) has, for the period of 2 years preceding the tenant’s application, been the tenant’s responsibility under the tenancy,
(b) is for either of the purposes set out in paragraphs (e) and (f) of section 71(2), or
(c) is required as a matter of urgency for the health, safety or security of the occupants of a house, including, in particular, work to—
(i) repair a house,
(ii) provide means of escape from fire or other fire precautions.
(1) For the purposes of this Part, where the condition in subsection (2) is satisfied, a tenant, crofter, landholder or statutory small tenant is deemed to be the owner of any land or premises on the person’s farm, croft or holding.
(2) That condition is that, on the termination of the tenancy, the person would be entitled to compensation for the work to which the grant or loan relates under the Agricultural Holdings (Scotland) Act 1991 (c. 55), the Agricultural Holdings (Scotland) Act 2003 (asp 11), the Crofters (Scotland) Act 1993 (c. 44) or the Small Landholders (Scotland) Acts 1886 to 1931 as for an improvement.
(3) Where by virtue of subsection (1) a grant or subsidised loan is made to a crofter, a landholder or a statutory small tenant in respect of work in relation to land or premises on the person’s farm, croft or holding, the local authority must intimate to the landlord of the croft or holding that the grant or loan has been made, and the amount.
(4) Subsection (5) applies where—
(a) compensation becomes payable as for an improvement under the Crofters (Scotland) Act 1993 (c. 44) or the Small Landholders (Scotland) Acts 1886 to 1931 in respect of a house, or for work carried out in relation to a house, provided on a farm, croft or holding, and
(b) under section 83, conditions must at that time be observed with respect to the house otherwise than by its landlord.
(5) The amount specified in subsection (6) is to be deducted from the amount of compensation which would be payable but for this subsection.
(6) That amount is—
(a) where a grant was made in relation to the house, so much of the value of the house or work as is attributable to the grant, or
(b) where a subsidised loan was made in relation to the house, so much of the value of the house or work as is attributable to the interest free element of that loan.
(7) The landlord of a farm, croft or holding on which there is land or premises with respect to which conditions under section 83 must for the time being be complied with is not entitled to receive any sum by way of rent or otherwise in respect of so much of the value of the house or work as is attributable to the grant or subsidised loan.
(1) The Scottish Ministers may give directions to local authorities in relation to the provision of assistance under this Part.
(2) Directions under subsection (1) may, in particular, with a view to preventing the duplication of the making of grants or loans in respect of the same work, make provision as to the circumstances in which local authorities—
(a) may or may not exercise their powers, or
(b) are or are not to perform their duties,
under this Part.
(3) A direction under subsection (1) may be—
(a) given to a particular authority or to authorities generally,
(b) varied or revoked.
(4) A direction under subsection (1) may not relate to the provision of assistance to a particular person or in relation to particular premises.
(5) In exercising its functions under this Part, a local authority must have regard to any guidance issued by the Scottish Ministers.
(6) Before issuing any such guidance the Scottish Ministers must consult—
(a) such bodies representing local authorities, and
(b) such other persons,
as they think fit.
(7) The Scottish Ministers may vary or revoke any such guidance.
(1) For the purpose of improving the amenity of a predominantly residential locality in its area, a local authority may—
(a) carry out any work on any land or in any premises owned by it,
(b) assist (whether by grants or loans or otherwise) in the carrying out of work on any land or in any premises not owned by it,
(c) with the agreement of the owner of any land or premises carry out or arrange for the carrying out of work on that land or in those premises at the expense of the owner, of the authority or of both,
(d) acquire any land or premises—
(i) by agreement, or
(ii) with the authorisation of the Scottish Ministers, compulsorily.
(2) The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42) applies in relation to an acquisition under subsection (1)(d)(ii) as if that provision were contained in an Act of Parliament in force immediately before the commencement of that Act (with references in that Act to land being read, in the case of an acquisition of premises, as references to those premises).
(3) Assistance may be provided under subsection (1)(b) on such terms as the local authority thinks fit.
(4) This section does not apply in relation to—
(a) any house, or
(b) any part of any premises which is a building which is, or which is capable of being, occupied.
Any power of a local authority to make grants or loans (including the powers to make payments under section 91(1) and to provide assistance under section 95(1)(b)), and any function of a local authority in relation to the making of grants or loans, under this Part is exercisable by the Scottish Ministers as it is by the local authority.
(1) In this Part—
“applicant’s contribution” means an amount assessed under section 77,
“approved expense” has the meaning given in section 76,
“interest free element” means an amount determined under section 79(4),
“minimum percentage grant” and “minimum percentage loan” have the meanings given in section 79(7),
“repayment element” means an amount determined under section 79(5),
“standard loan” means a loan made under this Part which is not a subsidised loan,
“subsidised loan” means a loan made under this Part which is divided into two elements in accordance with section 79(3).
(2) In this Part—
(a) references to grants or loans (excluding the reference in section 95(1)(b)) are to grants or loans provided under section 71(1), and
(b) references to the applicant for a grant or loan are to be read, in relation to any time after an applicant dies, as references to the applicant’s executor.
Housing (Scotland) Act 2006