1—12.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1S

Amendment of Housing Associations Act 1985S

13

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14—16.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4S

Housing Expenditure and GrantsS

17 Precondition as regards use of renewal and repairs fund for certain housing expenditure.S

In paragraph 22(2) of Schedule 3 to the M1Local Government (Scotland) Act 1975 (restrictions on use of capital and renewal and repair funds), after the word “restaurant” there shall be inserted the words “ ; and if the renewal and repair fund is used so to meet expenditure incurred by the authority in relation to any house, or other property, to which their housing revenue account relates, the amount in question shall, subject to paragraph 1(7) of Schedule 4 to the M2Housing (Financial Provisions) (Scotland) Act 1972, first to be carried to the credit of that account ”.

18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5S

Amendment of Building (Scotland) Act 1959S

F619 Amendment of Building (Scotland) Act 1959.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of Land Compensation (Scotland) Act 1973S

20 Compensation for person displaced from dwelling-house let under secure tenancy.S

(1)The M3Land Compensation (Scotland) Act 1973 shall be amended in accordance with the following provisions of this section.

(2)In section 27(1) (right to home loss payment where person displaced from dwelling)—

(a)after paragraph (e) there shall be inserted the following paragraph—

“(f)an order for recovery of possession of the dwelling under section 15(2) of the Tenants’ Rights, Etc. (Scotland) Act 1980, on the ground set out in paragraph 10 of Part I of Schedule 2 to that Act,”; and

(b)after sub-paragraph (v) there shall be inserted the following sub-paragraph—

“(vi)where paragraph (f) above applies, the landlord.”.

(3)In section 29 (supplementary provisions about home loss payments), after subsection (7) there shall be inserted the following subsection—

“(7AA)If a landlord recovers possession of a dwelling by agreement—

(a)after serving notice under section 14 of the Tenants’ Rights, Etc. (Scotland) Act 1980 on the tenant specifying the ground set out in paragraph 10 of Part I of Schedule 2 to that Act; or

(b)where, but for that agreement, it would have served such notice on him specifying that ground,

it may, in connection with the recovery, make to him a payment corresponding to any home loss payment which it would be required to make to him if the recovery were by order under section 15(2) of that Act.”.

21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7S

SupplementalS

22 Interpretation.S

In this Act—

• “the 1980 Act” means the Tenants’ Rights, Etc. (Scotland) Act 1980; and

• “the 1985 Act” means the M4Housing Associations Act 1985.

23 Consequential, transitional and supplementary provision.S

(1)The Secretary of State may by order made by statutory instrument make such incidental, consequential, transitional or supplementary provision as appears to him to be necessary or proper for giving full effect to, or in consequence of any of the provisions of, this Act.

(2)A statutory instrument made under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)paragraph 7(a)(ii) and (b)(ii) of Schedule 1 to this Act shall have no effect as regards any case in which repayment has become exigible under subsection (1) of section 6 of the 1980 Act before the coming into force of that paragraph; but in any other case the terms of any standard security, offer to sell or concluded missives shall, in so far as they are inconsistent with the period of years specified in that subsection, or with the proportions specified in subsection (3) of that section, have effect as if so modified as to obviate that inconsistency.

24 Expenses.S

There shall be paid out of the money provided by Parliament any—

(a)sums required by the Secretary of State for making grants, loans or other payments by virtue of this Act,

(b)administrative expenses incurred by him by virtue of this Act;

(c)increase attributable to the provisions of this Act in the sums which under any other enactment are paid out of money so provided.

25 Minor amendments and repeals.S

(1)The enactments specified in Schedule 2 to this Act shall have effect subject to the amendments there specified, (being minor amendments or amendments consequential on the provisions of this Act).

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

26 Citation, commencement and extent.S

(1)This Act may be cited as the Housing (Scotland) Act 1986.

(2)This Act, except this section, shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument; and different days may be so appointed for different provisions and for different purposes.

(3)This Act applies to Scotland only.

SCHEDULES

SCHEDULE 1S . . . F8

SCHEDULE 2S Minor and Consequential Amendments

The Building (Scotland) Act 1959 (c. 24)S

F91S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

The Land Tenure Reforms (Scotland) Act 1974 (c. 38)S

3SIn section 8(7) of the Land Tenure Reform (Scotland) Act 1974 (saving)—

(a)for the words “1971” there shall be substituted the words “ 1984 or a secure tenancy within the meaning of the M5Tenants’ Rights, Etc. (Scotland) Act 1980 ”; and

(b)for the words “that Act” there shall be substituted the words “ either of those Acts ”.

The Housing Associations Act 1985 (c. 69).S

4(1)The Housing Associations Act 1985 shall be amended in accordance with this paragraph.S

(2)In section 8(1) (power of registered housing associations to dispose of land), after the word “buy)” there shall be inserted the words “ and Part I of the Tenants’ Rights, Etc. (Scotland) Act 1980 (analogous Scottish Provisions) ”.

(3)In section 15(1) (prohibition on payments etc. by certain registered housing associations), at the end there shall be added the words “ or by section 15A of this Act ”.

(4)In section 40 (index of defined expressions), after the entry relating to a shared ownership lease there shall be inserted the following entry—

(5)In section 42 (projects qualifying for housing association grant: accommodation for letting, hostels), in subsection (2)(a)—

(a)after the word “includes” there shall be inserted the words

“(i)In England and Wales,”; and

(b)after the word “lease,” there shall be inserted the following sub-paragraph—

“(ii)in Scotland, disposal under a shared ownership agreement,”.

(6)In section 86 (Housing Corporation indemnities for building societies)—

(a)in subsection (1)—

(i)after the words “building society” in each of the three places where they occur there shall be inserted the words “ or recognised body ”; and

(ii)in paragraph (b), for the word “the” where it last occurs there shall be substituted the word “ a ”;

(b)in subsection (2), after the words “building society” there shall be inserted the words “ or recognised body ”;

(c)in subsection (5), after the words “building societies” there shall be inserted the words “ or recognised bodies ”; and

(d)at the end there shall be added the following subsections—

“(6)In this section, “recognised body” means a body designated, or of a class or description designated, in an order made under this subsection by statutory instrument by the Secretary of State with the consent of the Treasury.

(7)Before making an order under subsection (6) above varying or revoking an order previously so made, the Secretary of State shall give an opportunity for representations to be made on behalf of a recognised body which, if the order were made, would cease to be such a body.”.

(7)In section 106 (interpretation), at the end there shall be added the following subsection—

“(3)In the definition of “shared ownership agreement” in subsection (2) above, “approved” means approved by the Secretary of State after consultation with the Housing Corporation.”.

(8)In section 107—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(b)in subsection (4) (list of provisions of Act applying to Scotland only), after the word “only—” there shall be inserted the words—

“. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

section 15A,”.

SCHEDULE 3S Repeals