Statutory Instrument 1992 No. 1653 (S.157)

The Housing (Relevant Works) (Scotland) Regulations 1992

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1992 No. 1653 (S.157)

HOUSING, SCOTLAND

The Housing (Relevant Works) (Scotland) Regulations 1992

The Secretary of State, in exercise of the powers conferred on him by section 170(2) of the Local Government and Housing Act 1989^[1] and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement
    1.    These Regulations may be cited as the Housing (Relevant Works) (Scotland) Regulations 1992 and shall come into force on 6th August 1992.

Interpretation
    2.    In these Regulations, the following expressions have the meanings respectively assigned to them:—
"disabled" means substantially handicapped by illness, injury or congenital deformity;


"elderly" means a person aged 65 or over;


"house in a state of serious disrepair" includes a house which, although not in a state of serious disrepair, is in need of repair and likely to deteriorate rapidly or cause material damage to another house, if nothing is done to repair it;


"improvement", in relation to a house—
 (a) includes—
 (i) alteration and enlargement;
 (ii) any works of repair or replacement needed for the purpose of enabling the house to attain a good state of repair; and
 (iii) in relation to a house for a disabled owner or occupier, the doing of works required to make it suitable for his accommodation, welfare or employment; but
 (b) does not include works specified in a notice under section 162 of the 1987 Act (which empowers a local authority to require the provision of means of escape in the case of fire in a house in multiple occupation) or works required in connection with works so specified,


and "improved" shall be construed accordingly;


"standard amenities" are those amenities set out in Schedule 1 to these Regulations;


"tolerable standard" has the meaning set out in Schedule 2 to these Regulations; and


"the 1987 Act" means the Housing (Scotland) Act 1987^[2].

Relevant works
    3.    The following are the relevant works for the purpose of section 170(1) of the Local Government and Housing Act 1989:—
 (a) works which shall provide the house with all the standard amenities;
 (b) works which shall cause the house to be brought up to the tolerable standard;
 (c) work required for the improvement of houses;
 (d) works necessary to repair a house in a state of serious disrepair;
 (e) works which shall improve or adapt the house of an elderly owner or occupier where without such works the house would be unsuitable for that owner's or occupier's continued use; and
 (f) works which shall improve or adapt a house where without such works an elderly or disabled person, who is not the owner or tenant of the house but who lives or proposes to live there, could not be cared for there.

James Douglas-Hamilton

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

3rd July 1992

[1] 1989 c. 42. back

[2] 1987 c. 26. back

Explanatory Note