Statutory Instrument 1992 No. 1328 (S. 133)

The Housing (Disapplication of Financial Hardship Provision for Repairs Grant) (Scotland) Order 1992

---

© Crown Copyright 1992

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Royal Arms and the Queen's Printer imprints.

The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer copy published by The Stationery Office Limited as the The Housing (Disapplication of Financial Hardship Provision for Repairs Grant) (Scotland) Order 1992, ISBN 0110243285. Purchase this item. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1992 No. 1328 (S. 133)

HOUSING, SCOTLAND

The Housing (Disapplication of Financial Hardship Provision for Repairs Grant) (Scotland) Order 1992

The Secretary of State, in exercise of the powers conferred on him by section 248(3) and (7) of the Housing (Scotland) Act 1987(^[1]) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement
    1.    This Order may be cited as the Housing (Disapplication of Financial Hardship Provision for Repairs Grant) (Scotland) Order 1992 and shall come into force on 16th July 1992.

Disapplication of section 248(3) of 1987 Act
    2.    Section 248(3) of the Housing (Scotland) Act 1987 shall not apply to applications in respect of works which in the opinion of the local authority are of a substantial and structural character.

Revocation
    3.    The Housing (Disapplication of Financial Hardship Provision for Repairs Grant) (Scotland) Order 1982(^[2]) is hereby revoked.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office
St Andrew's House, Edinburgh

29th May 1992

Section 248(3) of the Housing (Scotland) Act 1987 requires local authorities, in considering whether to approve an application for repairs grant, to have regard to whether the owner would be able to finance the work at his own expense without undue hardship.
Under the proviso to section 248(3), the Secretary of State may prescribe cases to which section 248(3) shall not apply. Article 2 of this Order prescribes that application in respect of works of a substantial and structural character will be exempt from the financial hardship provisions of section 248(3). Previously section 248(3) was disapplied both to such works and to works to replace lead plumbing.

[1] 1987 c. 26. back

[2] S.I. 1982/1154. back