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Housing (Scotland) Act 1987

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Version Superseded: 01/04/2009

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MiscellaneousS

105 Exclusion of houses controlled by Crown.S

(1)No order under section 88 nor any notice of a final resolution under Part I of Schedule 8 may be served in respect of a house in which there is a Crown interest except with the consent of the appropriate authority and, where a notice of a final resolution is served with the consent of the appropriate authority, this Part shall apply in relation to the house as it applies in relation to a house in which there is no such interest.

(2)If, after a notice of a final resolution as aforesaid has been served in respect of any house in which there is a Crown interest, the appropriate authority becomes the person having control of the house, any such notice shall cease to have effect.

(3)In this section, “Crown interest” means an interest belonging to Her Majesty in right of the Crown or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, and “the appropriate authority”—

(a)in relation to land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners, and, in relation to any other land belonging to Her Majesty in right of the Crown, means the government department having the management of that land;

(b)in relation to land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means that department,

and if any question arises as to what authority is the appropriate authority in relation to any land, that question shall be referred to the Treasury, whose decision shall be final.

106 Power of local authority to arrange for the execution of works of improvement by agreement with the owner.S

A local authority may by agreement with an owner of a house at his expense execute, or arrange for the execution of, any works of improvement or of repair to which this Part or Part V or Part XIII applies which the local authority and the owner agree are necessary or desirable.

107 Conditions may be attached to sale of below-standard local authority houses.S

Where a house on land acquired or appropriated by a local authority for the purposes of Part I lacks one or more of the standard amenities or does not meet the tolerable standard, the local authority may make the sale by them of that house conditional on the purchaser providing the house with the standard amenities which it lacks or bringing the house up to the tolerable standard.

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