Housing (Scotland) Act 1987

Expiration and revocation of control order, etcS

188 Expiration of control order, and earlier revocation by local authority or sheriff.S

(1)A control order shall cease to have effect on the expiry of a period of 5 years beginning with the date on which it came into force.

(2)The local authority may at any earlier time, either on an application under this section or on their own initiative, by order revoke a control order.

(3)Not less than 21 days before the local authority revoke a control order they shall serve notice of their intention to revoke the control order on the persons occupying any part of the house, and on every person who is to the knowledge of the authority an owner or lessee of the house or a person holding a heritable security over the house.

(4)If any person applies to the local authority requesting the authority to revoke a control order, and giving the grounds on which the application is made, the authority shall, if they refuse the application, inform the applicant of their decision and of their reason for rejecting the grounds advanced by the applicant.

(5)Where the local authority propose to revoke a control order on their own initiative and apply to the sheriff under this subsection, the sheriff may take any of the following steps, to take effect on the revocation of the control order, that is—

(a)approve the making of an order under section 157;

(b)approve the giving of a notice under section 160 or section 161 or section 162; or

(c)approve the giving of a direction under section 166;

and no appeal lies against any order or notice so approved.

189 Effect of cessation of control order.S

Part III of Schedule 11 (which sets out the consequences of a control order ceasing to have effect) shall have effect for the purposes of this Part.

190 Interpretation of Part VIII.S

(1)In this Part of this Act, unless the context otherwise requires—

• “dispossessed proprietor” has the meaning given by section 181(6);

• “establishment charges” means, in relation to any expenditure incurred by a local authority, the proper addition to be made to that expenditure to take account of overhead expenditure incurred by the authority, and to allow for a proper return of capital;

• “lease” includes a sublease or any tenancy, and any agreement for a lease, sublease or tenancy, and references to a lessor or to a lessee or to a person to whom a house is let shall be construed accordingly;

• “licence” means any right or permission relating to land but not amounting to [F1ownership, tenancy or a real right] ;

• “person managing a house” has the meaning given to it by section 156(5);

• “surpluses on revenue account as settled by the scheme” has the meaning given by paragraph 1(3) of Schedule 11.

(2)References in this Part to the net amount of rents or other payments received by a local authority from persons occupying a house are references to the amount of the rent and other payments received by the authority from those persons under leases or licences, or in respect of furniture to which section 181(1) applies, after deducting income tax paid or borne by the authority in respect of those rents and other payments.

(3)References in this Part to expenditure incurred in respect of a house subject to a control order include, in a case where the local authority—

(a)require persons living in a house to vacate their accommodation for any period while the local authority are carrying out works in the house, and

(b)defray all or any part of the expenses incurred by or on behalf of those persons removing from and returning to the house, or provide housing accommodation for those persons for any part of that period,

references to the sums so defrayed by the local authority, and to the net cost to the authority of so providing housing accommodation.

(4)For the purposes of this Part the withdrawal of an appeal shall be deemed the final determination thereof having the like effect as a decision dismissing the appeal.