Housing (Scotland) Act 1988 (c. 43)

(The document as of February, 2008)

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" (b) the Secretary of State is satisfied that an unreasonable proportion of the houses sold consists of houses which have been resold and are not–

(i) being used as the only or principal homes of the owners; or

(ii) subject to regulated tenancies within the meaning of section 8 of the [1984 c. 58.] Rent (Scotland) Act 1984 or assured tenancies for the purposes of Part II of the Housing (Scotland) Act 1988. " .

12 In section 103 (certain provisions of Rent (Scotland) Act 1984 not to apply) after "1984" there shall be inserted the words "or in Part II of the Housing (Scotland) Act 1988".

13 In section 128 (recovery of possession of house to which Rent (Scotland) Act 1984 applies) after "1984" there shall be inserted the words "or in Part II of the Housing (Scotland) Act 1988".

14 In section 145 (recovery of possession of overcrowded house that is let) after "1984" there shall be inserted the words "or in Part II of the Housing (Scotland) Act 1988".

15 In section 177 (statutory tenant to be regarded as lessee for purposes of the Act), in paragraph (a), after "1984" there shall be inserted the words "or Part II of the Housing (Scotland) Act 1988".

16 In section 180 (effect of control order), in subsection (4)--

(a) after the words "the Act)" there shall be inserted the words "and paragraph 11 of Schedule 4 to the Housing (Scotland) Act 1988 (which excludes lettings by local authorities from being assured tenancies within the meaning of the Act)";

(b) after "1984" where it second occurs there shall be inserted the words "or an assured tenancy, within the meaning of the Housing (Scotland) Act 1988,";

(c) for the words "protected or statutory" where they second and third occur there shall be substituted the words "protected, statutory or assured";

(d) for the words "that Act" there shall be substituted the words "those Acts".

17 In section 207 (local authority's duty to keep slum clearance revenue account) for paragraph (b) of subsection (2) there shall be substituted the following paragraph--

" (b) such of the expenditure of the authority in respect of houses and other property, being expenditure not included in paragraph (a), together with any income related to that expenditure as may be approved by the Secretary of State and falls within any of the following categories--

(i) any payment under section 308 (payments to certain owner-occupiers and others in respect of houses not meeting tolerable standard which are purchased or demolished) other than any such payment in respect of an interest in a house which has been purchased by the local authority for the purpose of bringing that house or another house up to the tolerable standard;

(ii) any payment under section 304 (payments in respect of well-maintained houses) other than any such payment in respect of an interest in a house which has been purchased by the local authority for the purpose of bringing that house or another house up to the tolerable standard;

(iii) any payment under section 234(5) or (6) (payment of removal and other allowances to person displaced);

(iv) such other expenditure as the Secretary of State may direct. " .

18 In section 311 (interpretation of sections 308 to 310), in subsection (2), in the definition of "interest" after "1984" there shall be inserted the words "or of a statutory assured tenant within the meaning of the Housing (Scotland) Act 1988".

19 In section 328 (duty to inform tenant of assignation of landlord's interest), in subsection (6), after "1984" there shall be inserted the words "and a statutory assured tenancy within the meaning of the Housing (Scotland) Act 1988".

20 In section 338 (interpretation), in subsection (1) in the definition of "tenancy" after the word "applies" there shall be inserted the words "and a statutory assured tenancy within the meaning of the Housing (Scotland) Act 1988".

21 In Part II of Schedule 3 (suitability of accommodation), in paragraph 1(a) after "1984" there shall be inserted the words "or under an assured tenancy within the meaning of the Housing (Scotland) Act 1988".

Section 72.

SCHEDULE 10 Repeals

1951 c. 65.	The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951.	In section 16, in each of subsections (3) and (4), the words "30 or".
1971 c. 40.	The Fire Precautions Act 1971.	In Part III of the Schedule, in paragraph 3(1) the words from "(and the" in sub-sub-paragraph (a) to "accordingly); and".
1975 c. 24.	The House of Commons Disqualification Act 1975.	In Schedule 1, in Part III the words "Chairman, Deputy Chairman or member of the Council of Management of the Scottish Special Housing Association, appointed at a salary.".
1984 c. 58.	The Rent (Scotland) Act 1984.	In section 28(2), the words "and 49(5)".
		In section 29(2), the words "Subject to section 49(5) below".
		Section 30.
		In section 32(1) the words "or 30(2)".
1984 c. 58. cont.	The Rent (Scotland) Act 1984 cont.	The proviso to section 34(1).
		In section 40, the words "or rates".
		Section 42(2).
		Section 49(4) and (5).
		Section 54(2).
		In section 56(2) the words "(except section 49(5))".
		The proviso to section 57(2).
		Section 57(5).
		In section 58(2) the words "subject to section 57(5) above".
		In section 61(1) in the definition of "housing association", paragraph (a).
		In section 65(1) the words "or the local authority".
		In section 66(1) the words "or the local authority".
		Section 67(3).
		In section 68, the words "or the local authority".
		Section 69(2).
		Section 70(2).
		In section 71(1) the words "or the local authority".
		In section 95(1) paragraph (a) and in paragraph (b) the words "or dwellinghouse exceeding a specified rateable value".
		Section 98(5).
		In section 103(2) the words "42(2), 54(2)".
		Section 105(2).
		Schedule 3.
		Schedule 7, paragraph 5.
1985 c. 69.	The Housing Associations Act 1985.	In section 15A(1)(a)(i) the words from "being" to "Act".
1987 c. 26.	The Housing (Scotland) Act 1987.	Section 62(11) to (13).
		In section 151 in the definition of "house" the words from ", not being" to the end of the definition.
		In section 194, in subsection (1) the words "the Scottish Special Housing Association ("the Association") and to" and in subsection (2) the words "the Association and to" and "the Association, acting otherwise than as agents, or by".
1987 c. 26. cont.	The Housing (Scotland) Act 1987. cont.	Section 196.
		Section 200.
		Sections 254 and 255.
		Sections 296 1987.
		In Schedule 16, paragraph 1 (b).
1988 c. 9.	The Local Government Act 1988.	In section 1(1), paragraph (1) and the word "and" immediately preceding it.
		In Schedule 2, the words "The Scottish Special Housing Association".

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