http://www.legislation.gov.uk/id/ukpga/1994/39/schedule/13

http://www.legislation.gov.uk/ukpga/1994/39/schedule/13/crossheading/the-housing-scotland-act-1988-c43

Local Government etc. (Scotland) Act 1994

An Act to make provision with respect to local government and the functions of local authorities; to make amendments in relation to local government finance, local authority accounts and the records of local authorities; to establish a Strathclyde Passenger Transport Authority for the purposes of the Transport Act 1968; to provide for the establishment of new water and sewerage authorities; to provide for the establishment of a council to represent the interests of customers and potential customers of those new authorities; to provide for the vesting in those new authorities of the property, rights and liabilities of the Central Scotland Water Development Board and of such property, rights and liabilities of regional and islands councils as those councils have as water authorities, as providers of sewerage and in relation to dealing with the contents of sewers; to provide for the dissolution of that Board; to cancel certain obligations to contribute towards expenses which have been incurred by local authorities in making provision for sewerage or disposal of sewage in rural localities; to create an office of Principal Reporter and transfer to him the functions of reporters to children’s hearings; to establish a body to facilitate the performance by the Principal Reporter of his functions; to amend the Social Work (Scotland) Act 1968 in relation to children’s hearings; to amend the procedure for making byelaws under section 121 of the Civic Government (Scotland) Act 1982; to transfer to local authorities responsibility for fixing and reviewing polling districts and polling places in Parliamentary elections; to amend section 21 of the Self-Governing Schools etc. (Scotland) Act 1989; to amend the law relating to roads and the placing of traffic signs on roads; to make amendments in relation to valuation and rating; to abolish the Scottish Valuation Advisory Council; to empower the Strathclyde Passenger Transport Authority to guarantee certain obligations; to empower local authorities to make grants to ethnic minorities; to confer on local authorities the function of promoting economic development; to provide for the establishment of area tourist boards; to make amendments in relation to lieutenancies; all as respects Scotland; and for connected purposes.

1994-11-03

text

text/xml

Statute Law Database

2023-06-05

Expert Participation

2023-04-01

SCHEDULE 13 Minor and Consequential Amendments

The Housing (Scotland) Act 1988 (c.43)

157

1

The Housing (Scotland) Act 1988 shall be amended in accordance with this paragraph.

2

In section 43(3)(a) (certain tenancies secure where interest of landlord belongs to local authority etc.), for sub-paragraphs (i) and (ii) substitute—

i
a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, or a joint board or joint committee of two or more such councils, or the common good of such a council or any trust under the control of such a council; or
ia
a water authority or sewerage authority;

3

In section 45(4) (transfer of existing tenancies: public bodies), for paragraphs (a) and (b) substitute—

a
it belongs to a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, or a joint board or joint committee of two or more such councils, or the common good of such a council or any trust under the control of such a council; or
aa
it belongs to a water authority or sewerage authority;

4

In section 55(1) (interpretation of Part II of the Act)—

a

after the definition of “prescribed” insert—

“sewerage authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994;

b

the word “and”, where it occurs immediately after the definition of “tenancy”, shall cease to have effect; and

c

after the definition of “tenant” insert—

; and
“water authority” shall be construed in accordance with the said section 62.

5

In section 56 (right conferred by Part III)—

a

in subsection (3), for paragraph (a) substitute—

a
a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, or a joint board or joint committee of two or more such councils, or the common good of such a council or any trust under the control of such a council

b

in subsection (5)(c), for “islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”;

c

in subsection (6)(a), for “an islands council” substitute “ the council for Orkney Islands, Shetland Islands or Western Isles ”; and

d

in subsection (9)(a), for “islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

6

In section 57(1) (persons by whom right may be exercised)—

a

the word “neither” shall cease to have effect;

b

the words from “nor” to “council”, where it thirdly occurs, shall cease to have effect; and

c

after “may” insert “ not ”.

7

In Schedule 4 (tenancies which cannot be assured tenancies), in paragraph 11—

a

for sub-paragraph (a) substitute—

a
a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, or a joint board or joint committee of two or more such councils, or the common good of such a council or any trust under the control of such a council;
aa
a water authority or sewerage authority;

b

for the word “and”, where it occurs immediately after sub-paragraph (e), substitute “ or ”.