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Housing (Scotland) Act 1988 (c. 43)

(The document as of February, 2008)

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" (c) section 62(6A) may affect any price fixed as regards the house under section 62(1), " .

(6) The said sections 62 and 76 shall, however, continue to apply as originally enacted in relation to the price of a house in respect of which the offer to sell (within the meaning of section 63 of the Housing (Scotland) Act 1987) was served on the tenant prior to the commencement of this section; but nothing in this subsection restricts the power of the tenant to withdraw his application to purchase or prejudices the effect of such withdrawal.

66 Schemes for payments to assist local authority tenants to obtain other accommodation

(1) In accordance with a scheme made by a local authority and approved by the Secretary of State under this section, the authority may make grants to or for the benefit of qualifying tenants of the authority with a view to assisting each person to whom or for whose benefit a grant is made to obtain accommodation otherwise than as a tenant of the authority either--

(a) by acquiring an interest in a house; or

(b) by carrying out works to a house to provide additional accommodation; or

(c) by both of those means.

(2) A scheme under this section shall contain such provisions as the local authority considers appropriate together with any which the Secretary of State may require as a condition of his approval and, without prejudice to the generality, a scheme may include provisions specifying, or providing for the determination of--

(a) the persons who are qualifying tenants for the purposes of the scheme;

(b) the interests which qualifying tenants may be assisted to acquire;

(c) the works for the carrying out of which grants may be made;

(d) the circumstances in which a grant may be made for the benefit of a qualifying tenant;

(e) the amount of the grant which may be made in any particular case and the terms on which it may be made;

(f) the limits on the total number and amount of grants which may be made; and

(g) the period within which the scheme is to apply.

(3) The Secretary of State may approve a scheme made by a local authority under this section with or without conditions and, where a scheme has been approved, the authority shall take such steps as it considers appropriate to bring the scheme to the attention of persons likely to be able to benefit from it and shall take such other steps (if any) as the Secretary of State may direct in any particular case to secure publicity for the scheme.

(4) The Secretary of State may revoke an approval of a scheme under this section by a notice given to the local authority concerned; and where such a notice is given, the revocation shall not affect the operation of the scheme in relation to any grants made or agreed before the date of the notice.

(5) Where a scheme made by a local authority under this section has been approved, a person dealing with the authority shall not be concerned to see or enquire whether the terms of the scheme have been or are being complied with; and any failure to comply with the terms of a scheme shall not invalidate any grant purporting to be made in accordance with the scheme unless the person to whom the grant is made has actual notice of the failure.

(6) In this section, "local authority" and "house" have respectively the meanings assigned to those expressions by section 338(1) of the [1987 c. 26.] Housing (Scotland) Act 1987.

67 Abolition and capitalisation of certain subsidies and contributions

(1) No subsidy or contribution shall be made under the following provisions of the [1987 c. 26.] Housing (Scotland) Act 1987 (the "superseded provisions")--

(a) section 200 (slum clearance subsidy);

(b) section 254 (contributions towards improvement grants, repairs grants and grants for fire escapes);

(c) section 255 (contributions for improvement of amenities);

(d) section 296 (contributions towards certain other expenses)

in respect of any expense or expenditure incurred by a local authority on or after 1st April 1989.

(2) No claim for subsidy or contribution under any superseded provision in respect of or towards any expense or expenditure incurred by a local authority before 1st April 1989 shall be entertained by the Secretary of State unless--

(a) it is received by him before 1st October 1989; and

(b) any information reasonably required by him in relation to any such claim is received by him within two months after the receipt by him of the claim.

(3) Where two or more periodic payments of a subsidy or contribution under a superseded provision would, apart from this subsection, fall to be made on or after 1st April 1989, these payments shall be capitalised and made as follows--

(a) if one or more earlier such payments have been made before that date, the Secretary of State shall, instead of making the remaining payments, pay an amount equal to the appropriate percentage of the relevant capital amount;

(b) if no earlier such payment has been made before that date, the Secretary of State shall, instead of making any such payments, pay such amount as appears to him to be equal to the appropriate percentage of the relevant expenditure.

(4) In subsection (3) above--

  • "the appropriate percentage", in relation to a relevant capital amount, means the percentage specified in or under the superseded provision in relation to the subsidy or contribution to which the capital amount relates and, in relation to a subsidy or contribution, means the percentage specified in or under the superseded provision in relation to that subsidy or contribution;

  • "the relevant capital amount", in relation to a subsidy or contribution, means the sum of--

(a) such amount as the Secretary of State considers would, on the date of his payment under subsection (3)(a) above, be payable by the local authority were they then to repay a loan, repayable over twenty years, taken out by them from the Public Works Loan Commissioners to meet their expense or, as the case may be, expenditure in respect of or towards which the subsidy or contribution was made; and

(b) any other amount which he considers would be then payable on such repayment of that loan;

  • "relevant expenditure", in relation to a subsidy or contribution, means the expense or expenditure in respect of which the subsidy or contribution was made.

(5) Payment made under subsection (3) above shall be--

(a) applied in reduction or extinguishment of such debt (whether then payable or not) of the local authority as the Secretary of State thinks fit; or

(b) made to the local authority; or

(c) partly so applied and partly so made.

(6) Payments made to a local authority under subsection (5) above shall be applied by them in the repayment of such debt and in such manner as the Secretary of State directs.

(7) Notwithstanding the repeal by this Act of section 254 of the [1987 c. 26.] Housing (Scotland) Act 1987, subsection (4) of that section (obligation upon local authority to pay to Secretary of State sums recovered by them in consequence of breach of conditions of improvement grant or by way of voluntary repayment of such grant) shall continue to have effect in relation to expense incurred under that section by a local authority prior to 1st April 1989, being expense in respect of which contributions were made under that section.

(8) Paragraph 1(b) of Schedule 16 to the Housing (Scotland) Act 1987 (duty of local authority to credit slum clearance subsidy to slum clearance revenue account) shall cease to have effect on 1st April 1989.

68 Abolition of local authority's power to refer Part VII contracts to rent assessment committees

In section 65(1) of the [1984 c. 58.] Rent (Scotland) Act 1984 (which empowers the lessor, the lessee and the local authority to refer a Part VII contract to the rent assessment committee), the words "or the local authority" and in sections 66(1), 68 and 71 (1) of that Act the words "or the local authority" in each place where they occur shall cease to have effect.

69 Exclusion of SSHA, development corporations and co-operative housing associations from rent limitation under Part VI of Rent (Scotland) Act 1984

In section 61(1) of the Rent (Scotland) Act 1984, the definition of "housing association" shall have effect, and shall be deemed always to have had effect, with the addition at the end of the words " except that it does not include--

(a) the Scottish Special Housing Association;

(b) a development corporation (within the meaning of the [1968 c. 16.] New Towns (Scotland) Act 1968); or

(c) a co-operative housing association within the meaning of the [1985 c. 69.] Housing Associations Act 1985. " .

70 Rent officers: additional functions relating to housing benefit etc

(1) The Secretary of State may by order require rent officers to carry out such functions as may be specified in the order in connection with housing benefit and rent allowance subsidy.

(2) An order under this section--

(a) shall be made by statutory instrument which, except in the case of the first order to be made, shall be subject to annulment in pursuance of a resolution of either House of Parliament;

(b) may make different provision for different cases or classes of case and for different areas; and

(c) may contain such transitional, incidental and supplementary provisions as appear to the Secretary of State to be desirable;

and the first order under this section shall not be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

(3) At the end of section 21(6) of the [1986 c. 50.] Social Security Act 1986 (regulations prescribing maximum family credit and maximum housing benefit) there shall be added the words "and regulations prescribing the appropriate maximum housing benefit may provide for benefit to be limited by reference to determinations made by rent officers in exercise of functions conferred under section 70 of the Housing (Scotland) Act 1988".

(4) In section 30 of that Act (housing benefits finance) at the end of subsection (2) there shall be added the words "and, in relation to the rent allowance subsidy, the Secretary of State may exercise his discretion as to what is unreasonable for the purpose of paragraph (b) above by reference to determinations made by rent officers in exercise of functions conferred by section 70 of the Housing (Scotland) Act 1988.".

(5) In section 51(1)(h) of that Act (regulations may require information etc. needed for determination of a claim) the reference to information or evidence needed for the determination of a claim includes a reference to information or evidence required by a rent officer for the purpose of a function conferred on him under this section.

(6) In this section "housing benefit" and "rent allowance subsidy" have the same meaning as in Part II of that Act.

71 Power of development corporations to dispose of housing land

After section 18 of the [1968 c. 16.] New Towns (Scotland) Act 1968 there shall be inserted the following section--

" 18AA Power of development corporation to dispose of housing land

(1) Notwithstanding the provisions of sections 3 and 18 of this Act, a development corporation may sell their whole interest in any land (within or outside the area of the new town) held for housing purposes.

(2) A development corporation shall not sell their interest in any land under this section without the consent of the Secretary of State, which may be given--

(a) subject to conditions;

(b) either generally to all development corporations or to a particular development corporation;

(c) in relation either to particular land or to land of a particular description.

(3) A development corporation shall not, except with the consent of the Secretary of State, sell their interest in any land under this section otherwise than on the best terms that can be reasonably obtained. " .

72 Amendments to the Housing (Scotland) Act 1987 and other enactments and repeals

(1) The [1987 c. 26.] Housing (Scotland) Act 1987 shall have effect subject to the amendments to that Act specified in Schedules 7 and 8 to this Act (being, respectively, amendments connected with the consolidation of enactments effected by that Act and minor amendments) and shall be deemed always to have had effect subject to the amendments specified in the said Schedule 7.

(2) The enactments specified in Schedule 9 to this Act shall have effect subject to the amendments there specified (being amendments consequential upon the provisions of this Act and other minor amendments).

(3) The enactments specified in Schedule 10 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

73 Finance

There shall be defrayed out of money provided by Parliament--

(a) any expenses of the Secretary of State incurred under this Act;

(b) any increase attributable to this Act in the sums so payable under any other enactment.

74 Short title, commencement and extent

(1) This Act may be cited as the Housing (Scotland) Act 1988.

(2) This Act shall come into force as follows–

(a) section 69 and section 72 (so far as relating to Schedule 7) and this section and that Schedule, shall come into force on the day this Act is passed;

(b) sections 36 to 40, 65, 67 and 71; and

  • section 72 (so far as relating to Schedule 8 and to the entries in Schedule 10 in respect of sections 62(11) to (13) and 151 of the Housing (Scotland) Act 1987); and

  • Schedule 8; and

  • in Schedule 10, those entries;

shall come into force at the end of the period of two months beginning with the day on which this Act is passed;

(c) section 72 (so far as relating to the entry in Schedule 10 relating to paragraph (1)(b) of Schedule 16 to the Housing (Scotland) Act 1987) and that entry shall come into force on 1st April 1989;

(d) the remaining provisions shall come into force on such days as the Secretary of State may, by order made by statutory instrument, appoint and different days may be so appointed for different provisions or for different purposes.

(3) An order under subsection (2) above may make such transitional provision as appears to the Secretary of State necessary or expedient in connection with the provisions brought into force by the order.

(4) Subject to subsection (5) below, this Act extends to Scotland only.

(5) So much of sections 3 and 72 and Schedules 2, 9 and 10 as relates to enactments extending to England and Wales, section 4 and Schedule 3 extend also to England and Wales.

SCHEDULES

Section 1.

SCHEDULE 1 Scottish Homes



Incorporation

1 Scottish Homes shall be a body corporate and shall have a common seal.



Status

2 Scottish Homes shall be a public body for the purposes of the Prevention of Corruption Acts 1889 to 1916.

3 It shall not--

(a) be regarded as a servant or agent of the Crown;

(b) have any status, immunity or privilege of the Crown;

(c) be exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local,

and its property shall not be regarded as property of, or held on behalf of, the Crown.



Membership

4 (1) The members of Scottish Homes shall be--

(a) not more than 9 persons appointed by the Secretary of State; and

(b) its chief executive (whose membership shall be ex officio).

(2) The Secretary of State shall--

(a) satisfy himself, before he appoints a person to be a member, that that person will have no such financial or other interest as is likely to affect prejudicially the performance of his functions as a member; and

(b) satisfy himself from time to time with respect to each member that he has no such interest,

and a person who is a member or whom the Secretary of State proposes to appoint as a member shall, whenever requested by the Secretary of State to do so, furnish the Secretary of State with such information as he may consider necessary for the purpose of carrying out his duty under this paragraph.

5 (1) The members of Scottish Homes (other than the chief executive) shall, subject to the following provisions, hold and vacate office in accordance with the terms of their appointment.

(2) A member may resign his membership by written notice to the Secretary of State.

(3) The Secretary of State may remove a member from office if he is satisfied that that member--

(a) has been adjudged bankrupt, or made an arrangement with his creditors, or had his estate sequestrated, or granted a trust deed for his creditors or a composition contract;

(b) is incapacitated by physical or mental illness;

(c) has been absent from meetings of Scottish Homes for a period longer than 3 consecutive months without the permission of Scottish Homes;

(d) is otherwise unable or unfit to discharge the functions of a member, or is unsuitable to continue as a member.



Chairman and Deputy Chairmen

6 (1) The Secretary of State shall appoint one of the members of Scottish Homes to be chairman and may appoint one or more to be deputy chairman or deputy chairmen; and the chairman and deputy chairmen shall, subject to the following provisions, hold and vacate those offices in accordance with the terms of their appointment.

(2) The chairman or a deputy chairman may resign his office by written notice to the Secretary of State.

(3) If the chairman or a deputy chairman ceases to be a member of Scottish Homes, he also ceases to be chairman or a deputy chairman.



Remuneration, Allowances and Pensions

7 (1) The Secretary of State may pay the chairman, a deputy chairman and members (other than the chief executive) of Scottish Homes such remuneration as he may, with the approval of the Treasury, determine.

(2) Scottish Homes may pay them such reasonable allowances as may be so determined in respect of expenses properly incurred by them in the performance of their duties.

(3) Where a person (other than the chief executive) ceases to be a member of Scottish Homes otherwise than on the expiry of his term of office, and it appears to the Secretary of State that there are special circumstances which might make it right for that person to receive compensation, the Secretary of State may, with the approval of the Treasury, direct Scottish Homes to make that person a payment of such amount as the Secretary of State may, with the approval of the Treasury, determine.

8 The Secretary of State may, with the consent of the Treasury, determine to pay in respect of a person's office as chairman, deputy chairman or member (other than the chief executive) of Scottish Homes--

(a) such pension, allowance or gratuity to, or in respect of, that person on his retirement or death as may be so determined; or

(b) such contribution or other payments towards provision for such pension, allowance or gratuity as may be so determined.



Staff

9 The Secretary of State shall, after consultation with the chairman or person designated to be chairman, make the first appointment of the chief executive of Scottish Homes on such terms and conditions as he may, with the consent of the Treasury, determine; and thereafter Scottish Homes may, with the approval of the Secretary of State, make subsequent appointments to that office on such terms and conditions as it may, with the approval of the Secretary of State given with the consent of the Treasury, determine.

10 (1) Subject to paragraph 11 below, Scottish Homes may appoint on such terms and conditions as it may, with the approval of the Secretary of State given with the consent of the Treasury, determine, such other employees as it thinks fit.

(2) Scottish Homes shall, in respect of such of its employees as it may determine, with the approval of the Secretary of State given with the consent of the Treasury, make such arrangements for providing pensions, allowances or gratuities as it may determine; and such arrangements may include the establishment and administration, by Scottish Homes or otherwise, of one or more pension schemes.

(3) The reference in sub-paragraph (2) above to pensions, allowances or gratuities in respect of employees of Scottish Homes includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any such employee who suffers loss of office or employment or loss or diminution of emoluments.

(4) The Secretary of State with the consent of the Treasury may, by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, make regulations providing for--

(a) the transfer to, and administration by, Scottish Homes of any superannuation fund maintained by the Scottish Special Housing Association in terms of the provisions of any scheme made under section 7 of the [1972 c. 11.] Superannuation Act 1972;

(b) the modification, for the purposes of the regulations, of the said section 7 or any scheme thereunder.

(5) If an employee of Scottish Homes becomes a member of Scottish Homes and was by reference to his employment by Scottish Homes a participant in a pension scheme administered by it for the benefit of its employees--

(a) Scottish Homes may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee of Scottish Homes whether or not any benefits are to be payable to or in respect of him by virtue of paragraph 8 above; but

(b) if Scottish Homes determines as aforesaid, any discretion as to the benefits payable to or in respect of him which the scheme confers on Scottish Homes shall be exercised only with the consent of the Secretary of State given with the approval of the Treasury.

11 (1) Scottish Homes shall, not later than such date as the Secretary of State may determine, make an offer of employment by it to each person employed immediately before that date by--

(a) the Scottish Special Housing Association;

(b) the Housing Corporation, in connection with its functions in Scotland,

and any question as to the persons to whom an offer of employment is to be made under this paragraph shall be determined by the Secretary of State.

(2) The terms of the offer shall be such that they are, taken as a whole, not less favourable to the person to whom the offer is made than the terms on which he is employed on the date on which the offer is made.

(3) An offer made in pursuance of this paragraph shall not be revocable during the period of 3 months commencing with the date on which it is made.

12 (1) Where a person becomes an employee of Scottish Homes in consequence of an offer made under paragraph 11 above, then, for the purposes of the [1978 c. 44.] Employment Protection (Consolidation) Act 1978, his period of employment with the Scottish Special Housing Association or, as the case may be the Housing Corporation, shall count as a period of employment by Scottish Homes, and the change of employment shall not break the continuity of the period of employment.

(2) Where an offer is made in pursuance of paragraph 11(1) above to any person employed as is mentioned in that paragraph, none of the agreed redundancy procedures applicable to such a person shall apply to him and where that person ceases to be so employed--

(a) on becoming a member of the staff of Scottish Homes in consequence of that paragraph; or

(b) having unreasonably refused the offer,

Part VI of the [1978 c. 44.] Employment Protection (Consolidation) Act 1978 shall not apply to him and he shall not be treated for the purposes of any scheme under section 24 of the [1972 c. 11.] Superannuation Act 1972 or any other scheme as having been retired on redundancy.

(3) Without prejudice to sub-paragraph (2) above, where a person has unreasonably refused an offer made to him in pursuance of paragraph 11(1)(b) above the Housing Corporation shall not terminate that person's employment unless it has first had regard to the feasibility of employing him in a suitable alternative position with it.

(4) Where a person continues in employment in the Scottish Special Housing Association or, as the case may be, the Housing Corporation either--

(a) not having unreasonably refused an offer made to him in pursuance of this paragraph; or

(b) not having been placed in a suitable alternative position as mentioned in sub-paragraph (3) above,

he shall be treated for all purposes as if the offer mentioned in paragraph 11(1) above had not been made.

13 (1) Any dispute as to whether an offer under sub-paragraph (1) of paragraph 11 above complies with sub-paragraph (2) of that paragraph shall be referred to and be determined by an industrial tribunal.

(2) An industrial tribunal shall not consider a complaint referred to it under sub-paragraph (1) above unless the complaint is presented to the tribunal before the end of the period of 3 months beginning with the date of the offer of employment or within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of the period of 3 months.

(3) Subject to sub-paragraph (4) below there shall be no appeal from the decision of an industrial tribunal under this paragraph.

(4) An appeal to the Employment Appeal Tribunal may be made only on a question of law arising from the decision of, or in proceedings before, an industrial tribunal under this paragraph.



Proceedings

14 The quorum of Scottish Homes and the arrangements for its meetings shall be such as it may determine, subject to any directions given by the Secretary of State.

15 (1) A member who is directly or indirectly interested in a contract made or proposed to be made by Scottish Homes, or in any other matter whatsoever which falls to be considered by Scottish Homes, shall disclose the nature of his interest at a meeting of Scottish Homes, and the disclosure shall be recorded in the minutes of the meeting.

(2) Such a member shall not--

(a) in the case of any such contract, take part in any deliberation or decision of Scottish Homes with respect to the contract; and

(b) in the case of any other matter, take part in any deliberation or decision of Scottish Homes with respect to it if Scottish Homes decides that the interest in question might prejudicially affect the member's consideration of the matter.

(3) For the purposes of this paragraph, a notice given by a member at a meeting of Scottish Homes to the effect that he is a member of a specified body corporate or firm and is to be regarded as interested in any contract which is made with the body corporate or firm after the date of the notice, and in any other matter whatsoever concerning the body corporate or firm which falls to be considered by Scottish Homes after that date, shall be a sufficient disclosure of his interest.

(4) A member need not attend in person a meeting of Scottish Homes in order to make a disclosure which he is required to make under this paragraph, if he takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration at such a meeting.

16 The validity of any proceedings of Scottish Homes shall not be affected by any vacancy among its members or by any defect in the appointment of a member or by any failure to comply with any requirement of paragraph 15 above.



Committees

17 (1) For and in connection with the discharge of its general functions or powers Scottish Homes may establish such committees (whose members need not be members of Scottish Homes) as appear to it to be appropriate, and the composition and remit of such committees and the terms on which their members hold office shall be determined by Scottish Homes.

(2) Scottish Homes shall pay to members of any committee established under sub-paragraph (1) above who are not members of Scottish Homes travelling and other allowances, including compensation for loss of remunerative time, in accordance with arrangements to be determined by the Secretary of State with the approval of the Treasury.



Execution of Documents

18 A document is validly executed by Scottish Homes if it is subscribed on its behalf by one of its members or by any other person duly authorised in that behalf.

19 A document shall be presumed, unless the contrary is shown, to have been validly executed by Scottish Homes if it bears to have been subscribed on its behalf by one of its members or by any other person duly authorised in that behalf and to have been sealed with its common seal (whether attested by witnesses or not).



Sections 1 and 3.

SCHEDULE 2 Amendments Consequential on Establishing of Scottish Homes and Abolition of SSHA



General

1 Subject to the following provisions of this Schedule, for any reference in any enactment, or in any instrument made under any enactment, to the Scottish Special Housing Association there shall be substituted a reference to Scottish Homes.



Parliamentary Commissioner Act 1967 c. 13.

2 In Schedule 2 (departments and authorities subject to investigation)--

(a) at the appropriate place there shall be inserted "Scottish Homes"; and

(b) after Note 8 there shall be inserted--

" 8A In the case of Scottish Homes no investigation shall be conducted under this Act in respect of any of its actions as a landlord. " .



House of Commons Disqualification Act 1975 c. 24.

3 In Schedule 1 (offices disqualifying for membership)--

(a) in Part II after the entry relating to the Scottish Development Agency there shall be inserted "Scottish Homes";

(b) in Part III the entry relating to the Chairman, Deputy Chairman or member of the Council of Management of the Scottish Special Housing Association appointed at a salary shall cease to have effect.



Local Government (Scotland) Act 1975 c. 30.

4 In section 23(1) (authorities subject to investigation by Commissioner for Local Administration in Scotland) for paragraph (g) there shall be substituted--

" (g) Scottish Homes, in respect only of any of its actions as a landlord; " .



Rent (Scotland) Act 1984 c. 58.

5 In section 61(1) (interpretation), in the definition of "housing association", paragraph (a) shall cease to have effect.



Housing Associations Act 1985 c. 69.

6 In section 1(1) (meaning of "housing association" etc.) at the end there shall be added--

" ;

but does not include Scottish Homes. " .



Housing (Scotland) Act 1987 c. 26.

7 In section 21(3) (publication of rules relating to the housing list etc.) after the words "Housing Corporation" there shall be inserted the words " (in a case where the housing association is registered in the register maintained by it);

(ia) Scottish Homes (in a case where the housing association is registered in the register maintained by it); " .

8 For section 23 (compulsory purchase of land by SSHA) there shall be substituted--

" 23 Improvement of amenities of residential area by development corporations

A development corporation may for the purpose of securing the improvement of the amenities of a predominantly residential area within its designated area--

(a) carry out any works on land owned by it;

(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 or its expense or in part at the expense of both;

(c) assist (whether by grants or loans or otherwise) in the carrying out of works on land not owned by it;

(d) acquire any land by agreement. " .

9 In section 61 (secure tenant's right to purchase)--

(a) in subsection (4)(e)(i) after the words "Housing Corporation" there shall be inserted the words "or by Scottish Homes";

(b) in subsection (8) for the words "and the Housing Corporation" in both places where they occur there shall be substituted the words ", the Housing Corporation and Scottish Homes";

(c) in subsection (9)--

(i) after the words "Housing Corporation" there shall be inserted the words "or by Scottish Homes";

(ii) after the words "the Corporation" there shall be inserted the words "or, as the case may be, Scottish Homes";

(iii) after the words "3(1)" there shall be inserted the words "or, as the case may be, 3(1A)";

(d) in subsection (11) for paragraph (d) there shall be substituted the following paragraph--

" (d) Scottish Homes and the Scottish Special Housing Association; "

10 In section 194 (grants payable to SSHA and development corporations)--

(a) in subsection (1) the words "the Scottish Special Housing Association ("the Association") and to" shall cease to have effect;

(b) in subsection (2) the words "the Association and to" and "the Association, acting otherwise than as agents, or by" shall cease to have effect.

11 Section 196 (advances to SSHA for provision or improvement of housing accommodation) shall cease to have effect.

12 In section 202(7) (power of Secretary of State to reduce etc. particular Exchequer contributions) in the definition of "recipient authority" for the words from ", a housing" to "Association" there shall be substituted the words "or a housing association".

13 In section 216(1) (house loans to tenants exercising right to purchase) for paragraph (b) there shall be substituted--

" (b) in a case where the landlord is the Housing Corporation or a housing association registered in the register maintained by the Housing Corporation, to the Housing Corporation;

(bi) in a case where the landlord is a housing association registered in the register maintained by Scottish Homes, to Scottish Homes; " .

14 In section 276 (repurchase by authority other than local authority) in the Table for the words "2. The Scottish Special Housing Association" there shall be substituted the words "2. Scottish Homes or the Scottish Special Housing Association".

15 In Schedule 12 (termination of exchequer payments) in paragraph 2, Part III shall cease to have effect.



Local Government Act 1988 c. 9.

16 In section 1(1)--

(a) after paragraph (j) there shall be inserted the word "and";

(b) paragraph (1) and the word "and" immediately preceding it shall cease to have effect.

17 In Schedule 2, the words "The Scottish Special Housing Association" shall be omitted.



Section 4.

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7

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