PART IS PROVISION OF HOUSING

Duties and powers of local authoritiesS

1 Duty of local authority to consider needs of their area for further housing accommodation.S

(1)Every local authority shall consider the housing conditions in their area and the needs of the area for further housing accommodation.

(2)For that purpose they shall review any information which has been brought to their notice, including in particular information brought to their notice as a result of a survey or inspections made under section (3).

(3)If the Secretary of State gives them notice to do so, they shall, within 3 months after such notice, prepare and submit to him proposals for the provision of housing accommodation.

(4)In considering the needs of their area for further housing accommodation under subsection (1), every local authority shall have regard to the special needs of chronically sick or disabled persons; and any proposals prepared and submitted to the Secretary of State under subsection (3) shall distinguish any houses which they propose to provide which make special provision for the needs of such persons.

2 Powers of local authority to provide housing accommodation.S

(1)A local authority may provide housing accommodation—

(a)by the erection of houses on any land acquired or appropriated by them;

(b)by the conversion of any buildings into houses;

(c)by acquiring houses;

(d)by altering, enlarging, repairing or improving any houses or other buildings which have, or a right or interest in which has, been acquired by the local authority.

(2)For the purpose of supplying the needs for housing accommodation in its area, a local authority may exercise any of its powers under subsection (1) outside that area.

(3)A local authority may alter, enlarge, repair or improve any house provided by them under subsection (1).

(4)For the purposes of this Part the provision of housing accommodation includes the provision of—

(a)a cottage with a garden of not more than one acre;

(b)a hostel.

(5)In this section “hostel” means—

(a)in relation to a building provided or converted before 3 July 1962, a building in which is provided, for persons generally or for any class or classes of persons, residential accommodation (otherwise than in separate and self-contained dwellings) and board;

(b)in relation to a building provided or converted on or after 3 July 1962, a building in which is provided, for persons generally or for any class or classes of persons, residential accommodation (otherwise than in houses) and either board or common facilities for the preparation of food adequate to the needs of those persons or both.

[F1(6)Nothing in this Act shall be taken to require (or to have at any time required) a local authority itself to acquire or hold any houses or other land for the purposes of this Part.]

3 Power of local authority to provide shops, etc., in connection with housing accommodation.S

(1)Subject to the provisions of this section, a local authority may provide and maintain—

(a)any building adapted for use as a shop;

(b)any recreation grounds;

(c)such other buildings or land as are referred to in subsection (2),

in connection with housing accommodation provided by them under this Part.

(2)The buildings or land referred to in subsection (1)(c) are buildings or land which in the opinion of the Secretary of State will serve a beneficial purpose in connection with the requirements of the persons for whom the housing accommodation is provided.

(3)The provision and maintenance of any building or land under this section—

(a)requires the consent of the Secretary of State;

(b)may be undertaken jointly with any other person.

(4)The Secretary of State may, in giving his consent to the provision of any building or land under this section, by order apply, with any necessary modifications, to that building or land any statutory provisions which would have been applicable to it if the building or land had been provided under any enactment giving any local authority powers for that purpose.

4 Power of local authority to provide furniture, etc.S

(1)A local authority—

(a)may fit out, furnish and supply any house erected, converted or acquired by them under section 2 with all requisite furniture, fittings and conveniences;

(b)shall have power to sell, or to supply under a hire-purchase agreement, furniture to the occupants of houses provided by the local authority and, for that purpose, to buy furniture.

(2)In this section “hire-purchase agreement” means a hire-purchase or conditional sale agreement within the meaning of the M1Consumer Credit Act 1974.

5 Power of local authority to provide board and laundry facilities.S

(1)The power of a local authority under this Part to provide housing accommodation shall include power to provide, in connection with the provision of such accommodation for any persons, such facilities for obtaining meals and such laundry facilities and services as accord with the needs of those persons.

(2)A local authority may make such reasonable charges for meals provided by them by virtue of this section, and such reasonable charges to persons availing themselves of laundry facilities or services so provided, as the authority may determine.

(3)This section shall not authorise the grant of a licence under the M2Licensing (Scotland) Act 1976 for the sale of alcoholic liquor in connection with the provision under this section of facilities for obtaining meals.

[F25A Power of local authority to provide welfare services.S

(1)A local authority may provide in connection with housing accommodation provided by them (whether or not under this Part) such welfare services, that is to say services for promoting the welfare of the persons for whom the accommodation is so provided, as accord with the needs of those persons.

(2)The local authority may make reasonable charges for welfare services provided by virtue of this section.

(3)Notwithstanding the provisions of section 203, a local authority may attribute the income from and the expenditure on the welfare services provided under subsection (1) to a revenue account other than their housing revenue account.

(4)In this section “welfare services” does not include the repair, maintenance, supervision or management of houses or other property.

(5)The powers conferred by this section shall not be regarded as restricting those conferred by section 83 of the Local Government (Scotland) Act 1973 (power to incur expenditure for purposes not otherwise authorised) and accordingly the reference in subsection (1) of that section to any other enactment shall not include a reference to this section.]

[F35B Power to repeal provisions relating to welfare services.S

(1)The Secretary of State may at any time by order made by statutory instrument provide that, on such day or in relation to such periods as may be appointed by the order, section 5A, this section and paragraph 4A of Schedule 15 shall—

(a)cease to have effect; or

(b)cease to apply for such purposes as may be specified in the order.

(2)An order under this section may—

(a)appoint different days or periods for different provisions or purposes or for different authorities or descriptions of authority; and

(b)contain such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient.]

6 Duty of local authority to have regard to amenities of locality, etc.S

(1)A local authority, in preparing any proposals for the provision of houses or in taking any action under this Act, shall have regard to artistic quality in the lay-out, planning and treatment of the houses to be provided, the beauty of the landscape or countryside and the other amenities of the locality, and the desirability of preserving existing works of architectural, historic or artistic interest.

(2)For their better advice in carrying out the requirements of subsection (1), a local authority may appoint a local advisory committee including representatives of architectural and other artistic interests.

7 Execution of works by local authority in connection with housing operations outside their area.S

Where any housing operations under this Part are being carried out by a local authority outside their own area, that authority shall have power to execute any works which are necessary for the purposes, or are incidental to the carrying out, of the operations, subject to entering into an agreement with the local authority of the area in which the operations are being carried out as to the terms and conditions on which any such works are to be executed.

8 Adjustment of differences between local authorities as to carrying out of proposals for provision of housing accommodation.S

Where a local authority are providing houses in the area of another local authority, any difference arising between those authorities with respect to the carrying out of the proposals may be referred by either authority to the Secretary of State, and the Secretary of State’s decision shall be final and binding on the authorities.

Acquisition and disposal of landS

9 Power of local authority to acquire land for, or in connection with, provision of housing accommodation.S

(1)A local authority may acquire—

(a)any land as a site for the erection of houses;

(b)land proposed to be used for any purpose authorised by section 3 or section 5;

(c)subject to subsection (2),

(i)houses, and

(ii)buildings other than houses, being buildings which may be made suitable as houses,

together with any lands occupied with the houses or buildings, or any right or interest in the houses or buildings;

(d)land for the purposes of—

(i)selling or leasing the land under the powers conferred by this Act, with a view to the erection on the land of houses by persons other than the local authority;

(ii)selling or leasing, under the powers conferred by this Act, any part of the land acquired, with a view to the use of that land for purposes which in the opinion of the local authority are necessary or desirable for, or incidental to, the development of the land as a building estate;

(iii)carrying out on the land works for the purpose of, or connected with, the alteration, enlargement, repair or improvement of an adjoining house;

(iv)selling or leasing the land under the powers conferred by this Act, with a view to the carrying out on the land by a person other than the local authority of such works as are mentioned in sub-paragraph (iii).

(2)Nothing in subsection (1)(c) shall authorise a local authority to acquire otherwise than by agreement any house or other building which is situated on land used for agriculture, and which is required in connection with that use of that land.

10 Procedure for acquiring land.S

(1)Land for the purposes of this Part may be acquired by a local authority by agreement under section 70 of the M3Local Government (Scotland) Act 1973.

(2)A local authority may be authorised by the Secretary of State to purchase land compulsorily for the purposes of this Part, and the M4Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to any such compulsory purchase as if this Act had been in force immediately before the commencement of that Act.

(3)A local authority may acquire land by agreement, or may be authorised by the Secretary of State to purchase land compulsorily, for the purposes of this Part, notwithstanding that the land is not immediately required for those purposes.

(4)Where land is purchased compulsorily by a local authority for the purposes of this Part, the compensation payable in respect thereof shall be assessed by the Lands Tribunal in accordance with the M5Land Compensation (Scotland) Act 1963, subject to the rules set out in Schedule I.

11 Local authority may take possession of land to be acquired by agreement or appropriated for purposes of this Part.S

(1)Where a local authority have agreed to purchase, or have determined to appropriate, land for the purposes of this Part, subject to the interest of the person in possession of the land, and that interest is not greater than that of a tenant for a year or from year to year, then, at any time after such agreement has been made, or such appropriation takes effect, the authority may, after giving to the person in possession not less than 14 days’ notice and subject to subsection (2), enter on and take possession of the land or such part of it as is specified in the notice without previous consent.

(2)The powers conferred by subsection (1) are exercisable subject to payment to the person in possession of the like compensation and interest on the compensation awarded, as if the authority had been authorised to purchase the land compulsorily and that person had in pursuance of such power been required to give up possession before the expiration of his term or interest in the land, but without the necessity of compliance with sections 83 to 88 of the M6Lands Clauses Consolidation (Scotland) Act 1845.

12Powers of dealing with land acquired or appropriated for purposes of this Part.S

(1)Where a local authority have acquired or appropriated any land for the purposes of this Part, then, without prejudice to any of their other powers under this Act, the authority may—

(a)lay out and construct roads and open spaces on the land;

(b)subject to subsection (5), sell or lease the land or part of the land to any person under the condition that that person will erect on it in accordance with plans approved by the local authority, and maintain, such number of houses of such types as may be specified by the authority, and when necessary will lay out and construct public streets or roads and open spaces on the land, or will use the land for purposes which, in the opinion of the authority, are necessary or desirable for, or incidental to, the development of the land as a building estate in accordance with plans approved by the authority;

(c)subject to [F4subsections (5) and (7)], sell or lease the land or excamb it for land better adapted for those purposes, either with or without paying or receiving any money for equality of exchange;

(d)subject to subsections (5) and (7), sell or lease any houses or any part share thereof on the land or erected by them on the land, subject to such conditions, restrictions and stipulations as they may think fit to impose in regard to the use of the houses or any part share thereof, and on any such sale they may agree to the price being secured by standard security over the subjects sold.

(2)Where a local authority sell or lease land under subsection (1), they may contribute or agree to contribute towards the expenses of the development of the land and the laying out and construction of roads on the land, subject to the condition that the roads are dedicated to the public use.

(3)Where a local authority have acquired a building which may be made suitable as a house, or a right or interest in such a building, they shall forthwith proceed to secure that it is so made suitable either by themselves executing any necessary work or by selling or leasing it to some person subject to conditions for securing that he will so make it suitable.

(4)Where a local authority acquire any land for the purposes of section 9(1)(d)(iv), they may, subject to subsection (5), sell or lease the land to any person for the purpose and under the condition that that person will carry out on the land, in accordance with plans approved by the authority, the works with a view to the carrying out of which the land was acquired.

(5)A local authority shall not, in the exercise of their powers under subsection (1)(b), (c) or (d), or subsection (4), dispose of land which consists or forms part of a common or open space or is held for use as allotments, except with the consent of the Secretary of State.

(6)For the purposes of subsection (5), the consent of the Secretary of State may be given either generally to all local authorities, or to any class of local authorities, or may be given specifically in any particular case, and (whether given generally or otherwise) may be given either unconditionally or subject to such conditions as the Secretary of State may consider appropriate.

(7)Notwithstanding anything in section 27(1) of the M7Town and Country Planning (Scotland) Act 1959 (power of local and other public authority to dispose of land without consent of a Minister), a local authority shall not, in the exercise of their powers under subsection [F5(1)(c) or (d)], sell or lease any [F6land, house or part share thereof] to which the housing revenue account kept under section 203 relates except with the consent of the Secretary of State unless [F7, in the case of a house, it is one] to which section 14 applies; and, in giving his consent to such transactions as are referred to in this subsection, the Secretary of State may make general directions or a direction related to a specific transaction.

(8)Subsection (7) shall not apply [F8, in the case of a house,] where—

(a)the house is being sold to a tenant or to a member of his family who normally resides with him (or to a tenant together with members of his family, as joint purchasers); or

(b)the requirements of section 14(2)(b) are satisfied.

(9)Subject to the provisions of the Town and Country Planning (Scotland) Act 1959, section 74 of the M8Local Government (Scotland) Act 1973 (which makes provision as to price and other matters relating to the disposal of land by local authorities) shall, subject to subsection (10), apply to any disposal of land by a local authority in the exercise of their powers under subsection (4), as it applies to the like disposal of land by a local authority within the meaning of the said Act of 1973 in the exercise of any power under Part VI of that Act.

(10)The said section 74 shall not apply to the disposal of a house by a local authority, being a disposal in relation to which subsection (7) has effect.

(11)For the purposes of this section land shall be taken to have been acquired by a local authority in the exercise (directly or indirectly) of compulsory powers if it was acquired by them compulsorily or was acquired by them by agreement at a time when they were authorised by or under any enactment to acquire the land compulsorily; but the land shall not be taken to have been so acquired, if the local authority acquired it (whether compulsorily or by agreement) in consequence of the service in pursuance of any enactment (including any enactment contained in this Act) of a notice requiring the authority to purchase the land.

F912A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

13 Power of Secretary of State in certain cases to impose conditions on sale of local authority’s houses, etc.S

[F10(1)]If any house, building, [F11or land] in respect of which a local authority are required by section 203 to keep a housing revenue account is sold by the authority with the consent of the Secretary of State, the Secretary of State may in giving consent impose such conditions as he thinks just.

[F12(2)The matters to which the Secretary of State may have regard in determining whether to give consent and, if so, to what conditions consent should be subject shall include—

(a)the extent (if any) to which the person to whom the proposed disposal is to be made (in this subsection referred to as “the intending purchaser”) is, or is likely to be, dependent upon, controlled by or subject to influence from the local auth-ority making the disposal or any members or officers of that authority;

(b)the extent (if any) to which the proposed disposal would result in the intending purchaser becoming the predominant or a substantial owner in any area of housing accomodation let on tenancies or subject to licences;

(c)the terms of the proposed disposal; and

(d)any other matters whatsoever which he considers relevant.

(3)Where the Secretary of State gives consent to a disposal by a local authority, he may give directions as to the purpose for which any capital money received by the authority in respect of the disposal is to be applied and, where any such directions are given, nothing in any enactment shall require his consent to be given for the application of the capital money concerned in accordance with the directions.]

14 Powers of local authorities to sell certain houses without consent of Secretary of State.S

(1)Subject to section 74(2) of the M9Local Government (Scotland) Act 1973 (restriction on disposal of land) but notwithstanding anything contained in section 12(6) or in any other enactment, a local authority may sell any house to which this section applies without the consent of the Secretary of State.

(2)This section applies to a house provided for the purposes of this Part, where—

(a)the house is being sold to a tenant or to members of his family who normally reside with him (or to a tenant together with such members of his family, as joint purchasers) [F13or, in pursuance of Part III of the Housing (Scotland) Act 1988 (change of landlord)]; or

(b)the house is unoccupied and—

(i)it is not held on the housing revenue account maintained in terms of section 203; or

(ii)it is held on the housing revenue account and it is, in the opinion of the local authority, either surplus to its requirements or difficult to let, because it has been continuously vacant for a period of not less than 3 months immediately prior to the date of the sale and during that period it has been on unrestricted offer to any applicant on the local authority’s housing list (within the meaning of section 19 (admission to housing list)).

15 Power of local authority to enforce obligations against owner for time being of land.S

(1)Where—

(a)a local authority have sold or excambed land acquired by them under this Act, and the purchaser of the land or the person taking the land in exchange has entered into an agreement with the authority concerning the land; or

(b)an owner of any land has entered into an agreement with the local authority concerning the land for the purposes of any of the provisions of this Act;

then, if the agreement has been recorded in the General Register of Sasines, or, as the case may be, registered in the Land Register for Scotland, it shall, subject to subsection (2), be enforceable at the instance of the local authority against persons deriving title from the person who entered into the agreement.

(2)No such agreement shall at any time be enforceable against any party who has in good faith onerously acquired right (whether completed by infeftment or not) to the land prior to the recording of the agreement or against any person deriving title from such party.

16 Disposal of land for erection of churches, etc.S

Where a local authority, in the exercise of any power conferred on them by this Act, dispose of land to any person for the erection of a church or other building for religious worship or buildings ancillary thereto, then, unless the parties otherwise agree, such disposal shall be by way of [F14disposition].

Management and allocation of local authority’s housesS

17 General management and inspection of local authority’s houses.S

(1)The general management, regulation and control of houses held for housing purposes by a local authority shall be vested in F15. . . the authority.

(2)A house held for housing purposes by a local authority shall be at all times open to inspection by the local authority for the area in which it is situated or by any officer duly authorised by them.

[F16 Standards and performance in housing management]S

F1717A Publication of information.S

(1)A local authority shall, in relation to their management of the houses which they hold for housing purposes, publish each year such information as—

(a)may be prescribed by the Secretary of State about—

(i)the standard of service of management which the authority undertake to provide;

(ii)the authority’s performance in the past in the achievement of that standard;

(iii)the authority’s intentions for the future in relation to the achievement of that standard;

(iv)any other matter which he thinks should be included in the information to be published;

(b)the authority consider it appropriate to publish in relation to the matters mentioned in paragraph (a) above, either as a result of having consulted tenants or otherwise;

(c)the authority consider it appropriate to publish in relation to any other matter, either as a result of consulting tenants or otherwise.

(2)Before publishing such information, a local authority shall consult their tenants as to the information to be published under subsection (1) and shall take account of the characteristics of the different parts of their districts or areas and of the difference in information which may be appropriate in relation to these parts.

(3)The Secretary of State may direct a local authority to consult tenants or groups of tenants representing less than the whole of their district or area.

F1817B Power of Secretary of State to direct local authority.S

At the same time as the information is published, the local authority shall send a copy of the document in which it is published to the Secretary of State who may, if he considers that the publication is unsatisfactory, direct the local authority to publish the information in such manner as he specifies in the direction.

[F1917C Management plan.S

A local authority shall, if the Secretary of State gives them notice to do so, prepare and submit to him within 3 months after such notice, a plan for the management of the houses which they hold for housing purposes.]

18 Byelaws for regulation of local authority’s houses.S

A local authority may make byelaws for the management, use and regulation of houses held by them for housing purposes.

[F2019 Admission to housing listS

(1)An applicant for housing held by a local authority or a registered social landlord is entitled to be admitted to a housing list unless the applicant is under 16 years of age.

(2)In this section, “housing list” means a list of applicants for housing which is kept by any housing provider or jointly by or on behalf of any two or more housing providers in connection with the allocation of housing held by it or them for housing purposes.

(3)In subsection (2), “housing provider” means any local authority or any registered social landlord.]

20 Persons to have priority on housing list and allocation of housing.S

(1)A local authority [F21and a registered social landlord] shall, in relation to all houses held by them for housing purposes, secure that in the selection of their tenants a reasonable preference is given—

(a)to persons who—

(i)are occupying houses which do not meet the tolerable standard; or

(ii)are occupying overcrowded houses; or

(iii)have large families; or

(iv)are living under unsatisfactory housing conditions; and

[F22(b)to homeless persons and persons threatened with homelessness (within the meaning of Part II).]

(2)In the allocation of [F23such] housing a local authority [F24and a registered social landlord]—

(a)shall take no account of—

(i)the length of time for which an applicant has resided in its area; or

(ii)any outstanding liability (for payment of rent or otherwise) attributable to the tenancy of any house of which the applicant is not, and was not when the liability accrued, a tenant; or

[F25(iii)any liability (for payment of rent or otherwise) of the applicant which is attributable to the applicant’s tenancy of a house but which is no longer outstanding; or

(iv)any such liability which is outstanding but in respect of which subsection (2A) is satisfied; or

(v)any outstanding liability of the applicant or of any person who it is proposed will reside with the applicant which is not attributable to the tenancy of a house; or

(vi)except to the extent permitted by subsection (2B), the age of the applicant provided that the applicant has attained the age of 16 years; or

(vii)the income of the applicant and his family; or

(viii)whether, or to what value, the applicant or any of his family owns or has owned (or any of them own or have owned) heritable or moveable property;]

[F26(aa)shall take no account of whether an applicant is resident in their area if the applicant—

(i)is employed, or has been offered employment, in the area; or

(ii)wishes to move into the area and they are satisfied that his purpose in doing so is to seek employment; or

(iii)wishes to move into the area to be near a relative or carer; or

(iv)has special social or medical reasons for requiring to be housed within the area; or

(v)is subject to conduct amounting to harassment (“conduct” and “harassment” being construed in accordance with section 8 of the Protection from Harassment Act 1997 (c.40)) and wishes to move into the area; or

(vi)runs the risk of domestic [F27abuse] (within the meaning of section 33(3)) and wishes to move into the area; and]

(b)shall not impose a requirement—

(i)that an application must have remained in force for a minimum period; or

(ii)that a divorce or judicial separation be obtained; or

(iii)that the applicant no longer be living with, or in the same house as, some other person,

before the applicant is eligible for the allocation of housing.

[F28(2A)This subsection is satisfied in respect of an outstanding liability where—

(a)the amount of the outstanding liability is not more than one twelfth of the annual amount payable (or which was payable) by the applicant to the landlord in respect of the tenancy in question; or

(b)the applicant—

(i)has agreed with the landlord an arrangement for paying the outstanding liability;

(ii)has made payments in accordance with that arrangement for at least three months; and

(iii)is continuing to make such payments.

(2B)A local authority and a registered social landlord may take into account the age of applicants in the allocation of—

(a)houses which have been designed or substantially adapted for occupation by persons of a particular age group;

(b)houses to persons who are or are to be in receipt of housing support services (within the meaning of section 91 of the Housing (Scotland) Act 2001 (asp 10)) for persons of a particular age group.]

[F29(3)A member of a local authority shall be excluded from a decision on the allocation of local authority housing, or of housing in respect of which the local authority may nominate the tenant, where—

(a)the house in question is situated; or

(b)the applicant for the house in question resides,

in the electoral division or ward for which that member is elected.]

[F30(4)In the application of this section to registered social landlords, any reference to their area means the local authority area or areas, or the part of that area or those areas, in which the registered social landlord holds houses for housing purposes.]

21 Publication of rules relating to the housing list and to transfer of tenants.S

[F31(1)It shall be the duty—

(a)of every local authority to make and to publish in accordance with subsection (4), and again within 6 months of any alteration thereof, rules governing—

F32(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)the priority of allocation of houses;

(iii)the transfer of tenants from houses owned by the landlord to houses owned by other bodies;

(iv)exchanges of houses;

F32(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2)It shall be the duty of every registered [F33social landlord—

(a)to make rules governing the matters mentioned in subsection (1)(a)(ii) to (iv);]

(b)within 6 months of the making of rules under paragraph (a), and within 6 months of any alteration of such rules (whether or not made under that paragraph)—

(i)to send a copy of them to each of the bodies mentioned in subsection (3); and

(ii)to publish them in accordance with subsections (4) and (5).

(3)The bodies referred to in subsection (2)(b)(i) are—

F34(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F35(ia)the Scottish Ministers;]

(ii)every local authority within whose area there is a house let, or to be let, by [F36a registered social landlord under a Scottish] secure tenancy.

(4)The rules to be published by a body in accordance with subsection (1) or (2) shall be—

(a)available for perusal; and

(b)on sale at a reasonable price; and

(c)available in summary form on request to members of the public,

at all reasonable times—

(i)in a case where the body is a local authority or a development corporation, at its principal offices and its housing department offices; and

(ii)in any other case, at its principal and other offices.

(5)Rules sent to a local authority in accordance with subsection 2(b) shall be available for perusal at all reasonable times at its principal offices.

(6)An applicant for housing provided by a body mentioned in subsection (1) or (2) shall be entitled on request to inspect any record kept by that body of information furnished by him to it in connection with his application.

Housing co-operativesS

F3722. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F3822A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Powers of Scottish Special Housing AssociationS

[F3923 Improvement of amenities of residential area by development corporations.S

A development corporation may for the purpose of securing the improvement of the amenities of a predominantly residential area within its designated area—

(a)carry out any works on land owned by it;

(b)with the agreement of the owner of any land, carry out or arrange for the carrying out of works on that land at his or its expense or in part at the expense of both;

(c)assist (whether by grants or loans or otherwise) in the carrying out of works on land not owned by it;

(d)acquire any land by agreement.]

PART IIS HOMELESS PERSONS

Main definitionsS

24 Homeless persons and persons threatened with homelessness.S

(1)A person is homeless if he has no accommodation in [F40the United Kingdom or elsewhere].

(2)A person is to be treated as having no accommodation if there is no accommodation which he, together with any other person who normally resides with him as a member of his family or in circumstances in which the local authority consider it reasonable for that person to reside with him—

(a)is entitled to occupy by virtue of an interest in it or by virtue of an order of a court, or

(b)has a right or permission, or an implied right or permission to occupy, or in England and Wales has an express or implied licence to occupy, or

(c)occupies as a residence by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of any other person to recover possession.

[F41(2A)A person shall not be treated as having accommodation unless it is accommodation which it would be reasonable for him to continue to occupy.

(2B)Regard may be had, in determining whether it would be reasonable for a person to continue to occupy accommodation, to the general circumstances prevailing in relation to housing in the area of the local authority to whom he has applied for accommodation or for assistance in obtaining accommodation.]

(3)A person is also homeless if he has accommodation but—

(a)he cannot secure entry to it, or

(b)it is probable that occupation of it will lead to [F42abuse (within the meaning of the Protection from Abuse (Scotland) Act 2001 (asp 14)),] or

[F41(bb)it is probable that occupation of it will lead to [F43abuse (within the meaning of that Act)] from some other person who previously resided with that person, whether in that accommodation or elsewhere, or]

(c)it consists of a movable structure, vehicle or vessel designed or adapted for human habitation and there is no place where he is entitled or permitted both to place it and to reside in it; or

(d)it is overcrowded within the meaning of section 135 and may endanger the health of the occupants [F44; or

(e)it is not permanent accommodation, in circumstances where, immediately before the commencement of his occupation of it, a local authority had a duty under section 31(2) in relation to him.]

(4)A person is threatened with homelessness if it is likely that he will become homeless within [F452 months].

[F46(5)For the purposes of subsection (3)(e), “permanent accommodation” includes accommodation—

(a)of which the person is the heritable proprietor,

(b)secured by a Scottish secure tenancy,

(c)secured by an assured tenancy that is not a short assured tenancy,

(d)where paragraph 1 or 2 of schedule 6 to the Housing (Scotland) Act 2001 (asp 10) is satisfied in relation to the person, secured by a short Scottish secure tenancy.]

25 Priority need for accommodation.S

(1)The following have a priority need for accommodation—

(a)a pregnant woman or a person with whom a pregnant woman resides or might reasonably be expected to reside;

(b)a person with whom dependent children reside or might reasonably be expected to reside;

[F47(c)a person who is vulnerable as a result of—

(i)old age;

(ii)mental illness;

(iii)personality disorder;

(iv)learning disability;

(v)physical disability;

(vi)chronic ill health;

(vii)having suffered a miscarriage or undergone an abortion;

(viii)having been discharged from a hospital, a prison or any part of the regular armed forces of the Crown; or

(ix)other special reason;]

(d)a person who is homeless or threatened with homelessness as a result of an emergency such as flood, fire or any other disaster.

[F48(e)a person with whom a person referred to in paragraph (c) or (d) resides or might reasonably be expected to reside;

(f)a person aged 16 or 17;

(g)a person aged 18 to 20 who satisfies either of the conditions specified in subsection (1A);

(h)a person who, by reason of that person’s religion, sexual orientation, race, colour or ethnic or national origins—

(i)runs the risk of violence; or

(ii)is, or is likely to be, the victim of a course of conduct amounting to harassment;

(i)a person who runs the risk of domestic abuse (within the meaning of section 33(3)).]

[F49(1A)The conditions referred to in subsection (1)(g) are—

(a)that, by reason of the circumstances in which the person is living, the person runs the risk of sexual or financial exploitation or involvement in the serious misuse of alcohol, any drug (whether or not a controlled drug within the meaning of the Misuse of Drugs Act 1971 (c. 38)) or any volatile substance;

(b)that, at the time when the person ceased to be of school age (within the meaning of section 31 of the Education (Scotland) Act 1980 (c. 44)) or at any subsequent time, the person was looked after by a local authority (within the meaning of section 17(6) of the Children (Scotland) Act 1995 (c. 36)) and the person is no longer being so looked after.

(1B)In subsection (1)(h), the references to conduct, course of conduct and harassment are to be construed in accordance with section 8 of the Protection from Harassment Act 1997 (c. 40).]

(2)The Secretary of State may by order made by statutory instrument—

(a)specify further descriptions of persons as having a priority need for accommodation, and

(b)amend or repeal any part of subsection (1) [F50, (1A) or (1B)] .

(3)Before making such an order the Secretary of State shall consult such associations representing relevant authorities, and such other persons, as he considers appropriate.

(4)No such order shall be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament.

26 Becoming homeless intentionally.S

(1)A person becomes homeless intentionally if he deliberately does or fails to do anything in consequence of which he ceases to occupy accommodation which is available for his occupation and which it would have been reasonable for him to continue to occupy.

(2)A person becomes threatened with homelessness intentionally if he deliberately does or fails to do anything the likely result of which is that he will be forced to leave accommodation which is available for his occupation and which it would have been reasonable for him to continue to occupy.

(3)For the purposes of subsection (1) or (2) an act or omission in good faith on the part of a person who was unaware of any relevant fact shall not be treated as deliberate.

(4)Regard may be had, in determining for the purpose of subsections (1) and (2) whether it would have been reasonable for a person to continue to occupy accommodation, to the general circumstances prevailing in relation to housing in the district of the local authority to whom he applied for accommodation or for assistance in obtaining accommodation.

27 Meaning of “local connection”.S

(1)Any reference in this Part to a person having a local connection with a district is a reference to his having a connection with that district—

(a)because he is, or in the past was, normally resident in it and his residence in it is or was of his own choice; or

(b)because he is employed in it, or

(c)because of family associations, or

(d)because of any special circumstances.

(2)Residence in a district is not of a person’s own choice for the purposes of subsection (1) if he became resident in it—

(a)because he or any person who might reasonably be expected to reside with him—

(i)was serving in the regular armed forces of the Crown, or

(ii)was detained under the authority of any Act of Parliament, [F51or

(iii)was resident in accommodation provided in pursuance of section 95 (provision of support for asylum-seekers and dependants) of the Immigration and Asylum Act 1999 (c. 33),]

(b)in such other circumstances as the Secretary of State may by order specify.

(3)A person is not employed in a district for the purposes of subsection (1)—

(a)if he is serving in the regular armed forces of the Crown, or

(b)in such other circumstances as the Secretary of State may by order specify.

(4)An order under subsections (2) or (3) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Duties of local authorities with respect to homelessness and threatened homelessnessS

28 Inquiry into cases of possible homelessness or threatened homelessness.S

(1)If a person (“an applicant”) applies to a local authority for accommodation, or for assistance in obtaining accommodation, and the authority have reason to believe that he may be homeless or threatened with homelessness, they shall make such inquiries as are necessary to satisfy themselves as to whether he is homeless or threatened with homelessness.

(2)If the authority are so satisfied, they shall make any further inquiries necessary to satisfy themselves as to—

(a)whether he has a priority need, and

(b)whether he became homeless or threatened with homelessness intentionally;

and if the authority think fit, they may also make inquiries as to whether he has a local connection with the district of another local authority in Scotland, England or Wales.

29 Interim duty to accommodate in case of apparent priority need.S

(1)If the local authority have reason to believe that an applicant may be homeless F52. . ., they shall secure that accommodation is made available for his occupation

[F53(a)] pending any decision which they may make as a result of their inquiries under section 28.

[F54(b)where the applicant has, under section 35A, requested a review of a decision of the authority, until they have notified him in accordance with section 35B of the decision reached on review.]

[F55(c)where, by virtue of a decision referred to in paragraph (a) or (b), the authority have a duty under section 31 to secure that accommodation of a particular description becomes available for the applicant’s occupation, until such accommodation becomes available.]

(2)This duty arises irrespective of any local connection which an applicant may have with the district of another local authority.

[F56(3)In subsection (1), “accommodation”, in the first place where the expression occurs, does not include accommodation of such description as the Scottish Ministers may, by order made by statutory instrument, specify.

(4)Such an order may—

(a)specify any description of accommodation subject to conditions or exceptions,

(b)make different provision for different purposes and different areas.

(5)A statutory instrument containing an order under subsection (3) is subject to annulment in pursuance of a resolution of the Scottish Parliament.]

30 Notification of decision and reasons.S

(1)On completing their inquiries under section 28, the local authority shall notify the applicant of their decision on the question whether he is homeless or threatened with homelessness.

(2)If they notify him that their decision is that he is homeless or threatened with homelessness, they shall at the same time notify him of their decision on the question whether he has a priority need.

(3)If they notify him that their decision is that he has a priority need, they shall at the same time notify him—

(a)of their decision on the question whether he became homeless or threatened with homelessness intentionally, and

(b)whether they have notified or propose to notify any other local authority under section 33 that his application has been made.

(4)If they notify him—

(a)that they are not satisfied—

(i)that he is homeless or threatened with homelessness, or

(ii)that he has a priority need, or

(b)that they are satisfied that he became homeless or threatened with homelessness intentionally, or

(c)that they have notified or propose to notify another local authority under section 33 that his application has been made,

they shall at the same time notify him of their reasons.

[F57(4A)They shall also notify him—

(a)that he may request a review of the decision and of the time within which such a request must be made, and

(b)of the advice and assistance that is available to him in connection with any such review.]

(5)The notice required to be given to a person under this section shall be given in writing and shall, if not received by him, be treated as having been given to him only if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.

31 Duties to persons found to be homeless.S

(1)This section applies where a local authority are satisfied that an applicant is homeless.

(2)Where they are satisfied that he has a priority need and are not satisfied that he became homeless intentionally, they shall, unless they notify another local authority in accordance with section 33 (referral of application on ground of local connection) secure that [F58permanent] accommodation becomes available for his occupation.

(3)[F59In any other case], they shall—

(a)secure that accommodation is made available for his occupation for such period as they consider will give him a reasonable opportunity of himself securing accommodation for his occupation; and

(b)furnish him with advice and [F60assistance of such type as may be prescribed], in any attempts he may make to secure that accommodation becomes available for his occupation.

F61(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F62(5)For the purposes of subsection (2), “permanent accommodation” includes accommodation—

(a)secured by a Scottish secure tenancy,

(b)secured by an assured tenancy that is not a short assured tenancy,

(c)where paragraph 1 or 2 of schedule 6 to the Housing (Scotland) Act 2001 (asp10) is satisfied in relation to the applicant, secured by a short Scottish secure tenancy.]

32 Duties to persons found to be threatened with homelessness.S

(1)This section applies where a local authority are satisfied that an applicant is threatened with homelessness.

(2)Where they are satisfied that he has a priority need and are not satisfied that he became threatened with homelessness intentionally they shall take reasonable steps to secure that accommodation does not cease to be available for his occupation.

(3)[F63In any other case] they shall furnish him with advice and [F64assistance of such type as may be prescribed], in any attempts he may make to secure that accomodation does not cease to be available for his occupation.

(4)Nothing in subsection (2) shall affect any right of a local authority to secure vacant possession of accommodation, whether by virtue of a contract or of any enactment or rule of law.

(5)In section 31 and in this section, “accommodation” does not include accommodation

[F65(a)]that is overcrowded within the meaning of section 135 or which may endanger the health of the occupants.

[F66(b)that does not meet any special needs of the applicant and any other person referred to in section 24(2), or

(c)that it is not reasonable for the applicant to occupy.]

[F67(6)Regulations made by virtue of section 31(3)(b) or subsection (3) above may make different provision for different purposes and different areas.

(7)Before making any such regulations, the Scottish Ministers shall consult—

(a)such associations representing local authorities, and

(b)such other persons,

as they think fit on the proposed regulations.

(8)In exercising their functions under section 31 or this section in respect of a person falling within section 25(1)(b), the local authority shall have regard to the best interests of the dependent children referred to in that provision [F68and shall, without prejudice to subsection (5) above and section 41, ensure that accommodation provided for such a person’s occupation is suitable for occupation by such children, so far as consistent with their best interests] .]

[F6932A Power of the Scottish Ministers to modify application of sections 31 and 32S

(1)The provisions of—

(a)section 31(2) so far as requiring that accommodation is to be permanent accommodation (within the meaning of section 31(5)), and

(b)section 32(5)(b),

do not apply in such circumstances as may be prescribed.

(2)Where—

(a)accommodation has been provided under section 31(2), and

(b)by virtue of subsection (1) above, that accommodation is not permanent accommodation (within the meaning of section 31(5)) or does not meet the special needs of the applicant and any other person referred to in section 24(2),

section 26 does not apply.]

33 Referral of application to another local authority.S

(1)If a local authority—

(a)are satisfied that an applicant is homeless and has a priority need, and are not satisfied that he became homeless intentionally, but

(b)are of opinion that the conditions are satisfied for referral of his application to another local authority,

they may notify that other local authority in Scotland, England or Wales of the fact that his application has been made and that they are of that opinion.

(2)The conditions of referral of an application to another local authority are—

(a)that neither the applicant nor any person who might reasonably be expected to reside with him has a local connection with the district of the authority to whom his application was made,

(b)that the applicant or a person who might reasonably be expected to reside with him has a local connection with that other local authority’s district, and

(c)that neither that applicant nor any person who might reasonably be expected to reside with him will run the risk of domestic [F70abuse] in that other local authority’s district.

(3)For the purposes of this section a person runs the risk of domestic [F71abuse] —

(a)if he runs the risk of [F72abuse (within the meaning of the Protection from Abuse (Scotland) Act 2001 (asp 14))] from a person with whom, but for the risk of [F71abuse], he might reasonably be expected to reside, or from a person with whom he formerly resided, F73...

F73(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The question whether the conditions for referral of an application are satisfied shall be determined by agreement between the notifying authority and the notified authority, or in default of agreement, in accordance with such arrangements as the Secretary of State may direct by order made by statutory instrument.

(5)An order may direct that the arrangements shall be—

(a)those agreed by any relevant authorities or association of relevant authorities, or

(b)in default of such agreement, such arrangements as appear to the Secretary of State to be suitable, after consultation with such associations representing relevant authorities, and such other persons, as he thinks appropriate.

(6)No order shall be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament.

34 Duties to persons whose applications are referred.S

(1)Where, in accordance with section 33(1), a local authority notify another authority of an application, the notifying authority shall secure that accommodation is available for occupation by the applicant until it is determined whether the conditions for referral of his application to the other authority are satisfied.

(2)If it is determined that the conditions for referral are satisfied, the notified authority shall secure that [F74permanent] accommodation becomes available for occupation by the applicant; if it is determined that the conditions are not satisfied, the notifying authority shall secure that [F74permanent] accommodation becomes available for occupation by him.

(3)When the matter has been determined, the notifying authority shall notify the applicant—

(a)whether they or the notified authority are the authority whose duty it is to secure that [F74permanent] accommodation becomes available for his occupation, and

(b)of the reasons why the authority subject to that duty are subject to it.

[F75(3A)The notifying authority shall also notify him—

(a)that he may request a review of the determination and of the time within which such a request must be made, and

(b)of the advice and assistance that is available to him in connection with any such review.]

(4)The notice required to be given to a person under [F76this section] shall be given in writing and shall, if not received by him, be treated as having been given to him only if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.

[F77(5)For the purposes of subsection (1), “accommodation” has the meaning given in section 32(5).

(6)For the purposes of subsections (2) and (3)(a), “permanent accommodation” has the meaning given in section 31(5) as read with section 32(5).]

35 Supplementary provisions.S

(1)A local authority may perform any duty under section 31 or 34 (duties to persons found to be homeless to secure that accommodation becomes available for the occupation of a person)—

(a)by making available accommodation held by them under Part I (provision of housing) or under any other enactment,

(b)by securing that he obtains accommodation from some other person, or

(c)by giving him such advice and assistance as will secure that he obtains accommodation from some other person.

(2)Without prejudice to section 210(1), a local authority may require a person to whom they were subject to a duty under section 29, 31 or 34 (interim duty to accommodate pending inquiries and duties to persons found to be homeless)—

(a)to pay such reasonable charges as they may determine in respect of accommodation which they secure for his occupation (either by making it available themselves or otherwise), or

(b)to pay such reasonable amount as they may determine in respect of sums payable by them for accommodation made available by another person.

[F7835A Right to request review of decisionS

(1)Where an applicant requests a review of a decision to which subsection (2) applies, the local authority concerned shall review the decision.

(2)This subsection applies to the following decisions of a local authority—

(a)any decision as to what duty (if any) is owed to the applicant under section 31 or 32,

(b)any decision to notify another authority under section 33(1),

(c)any determination under section 33(4) or 34(2) as to whether the conditions for referral of an application are satisfied,

(d)where accommodation is secured for the applicant under section 31, 32 or 34, any decision as to whether the provision of that accommodation discharges the authority’s duty to the applicant under that section.

(3)A request for a review shall be made before the end of the period of 21 days beginning with the day on which the applicant is notified of the decision or such longer period as the authority may allow.

(4)There is no right to request a review of a decision reached on review.]

F7935B Procedure on reviewS

(1)A review under section 35A shall be carried out by a person senior to the person who made the decision being reviewed and who had no involvement in the making of that decision.

(2)The authority, or as the case may be either of the authorities, concerned shall notify the applicant of the decision reached on review.

(3)If the decision is—

(a)to confirm the original decision on any issue against the interests of the applicant, or

(b)to confirm a previous decision—

(i)to notify another authority under section 33(1), or

(ii)that the conditions are met for referral of his case,

the authority shall also notify him of the reasons for the decision.

(4)Where subsection (3) applies, notice of the decision shall not be treated as given unless and until that subsection is complied with.

(5)Any notice required to be given to an applicant under this section shall be given in writing and shall, if not received by him, be treated as having been given to him only if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.

36 Protection of property of homeless persons and persons threatened with homelessness.S

(1)This section applies where a local authority have reason to believe that an applicant is homeless or threatened with homelessness (or, in the case of an applicant to whom they owe a duty under section 29 (interim duty to accommodate pending inquiries), that he may be homeless) and that—

(a)there is a danger of loss of, or damage to, any moveable property of his by reason of his inability to protect it or deal with it, and

(b)no other suitable arrangements have been or are being made.

(2)If the authority have become subject to a duty towards the applicant under section 29, 31(2) or (3)(a), 32(2) or 34 (duty to accommodate during inquiries and duties to persons found to be homeless or threatened with homelessness), then, whether or not they are still subject to such a duty, they shall take reasonable steps to prevent the loss of the moveable property or prevent or mitigate damage to it; and if they have not become subject to such a duty, they may take any steps they consider reasonable for that purpose.

(3)The authority may for the purposes of this section—

(a)enter, at all reasonable times, any premises which are the usual place of residence of the applicant or which were his last usual place of residence, and

(b)deal with any moveable property of his in any way which is reasonably necessary, in particular by storing it or arranging for its storage.

(4)The authority may decline to take action under this section except upon such conditions as they consider appropriate in the particular case, which may include conditions as to—

(a)the making and recovery by the authority of reasonable charges for the action taken, or

(b)the disposal by the authority, in such circumstances as may be specified, of moveable property in relation to which they have taken action.

(5)When in the authority’s opinion there is no longer any reason to believe that there is a danger of loss of or damage to a person’s moveable property by reason of his inability to protect it or deal with it, the authority shall cease to have any duty or power to take action under this section; but property stored by virtue of their having taken such action may be kept in store and any conditions upon which it was taken into store shall continue to have effect, with any necessary modifications.

(6)Where the authority—

(a)cease to be subject to a duty to take action under this section in respect of an applicant’s moveable property, or

(b)cease to have power to take such action, having previously taken such action,

they shall notify the applicant of that fact and of the reason why they are of opinion that there is no longer any reason to believe that there is a danger of loss of or damage to his moveable property by reason of his inability to protect it or deal with it.

(7)The notification shall be given to the applicant—

(a)by delivering it to him, or

(b)by leaving it, or sending it to him, at his last known address.

(8)References in this section to moveable property of the applicant include moveable property of any person who might reasonably be expected to reside with him.

Administrative provisionsS

37 Guidance to authorities by the Secretary of State.S

(1)In relation to homeless persons and persons threatened with homelessness, a relevant authority shall have regard in the exercise of their functions to such guidance as may from time to time be given by the Secretary of State.

(2)The Secretary of State may give guidance either generally or to specified descriptions of authorities.

38 Co-operation between authorities.S

Where a local authority—

(a)request another local authority in Scotland or England or Wales, a development corporation, a registered housing association or the Scottish Special Housing Association to assist them in the discharge of their functions under sections 28, 29, 31 to 33 and 34(1) and (2) (which relate to the duties of local authorities with respect to homelessness and threatened homelessness as such),

(b)request a social work authority in Scotland or a social services authority in England or Wales to exercise any of their functions in relation to a case which the local authority are dealing with under those provisions, or

(c)request another local authority in Scotland or England or Wales to assist them in the discharge of their functions under section 36 (protection of property of homeless persons and persons threatened with homelessness),

the authority to whom the request is made shall co-operate in rendering such assistance in the discharge of the functions to which the request relates as is reasonable in the circumstances.

Assistance for voluntary organisationsS

39 Financial and other assistance for voluntary organisations concerned with homelessness.S

(1)The Secretary of State, with the consent of the Treasury, may, upon such terms and subject to such conditions as he may determine, give to a voluntary organisation concerned with homelessness, or with matters relating to homelessness, assistance by way of grant or loan or partly in the one way and partly in the other.

(2)A local authority may, upon such terms and subject to such conditions as they may determine, give to such a voluntary organisation such assistance as is mentioned in subsection (1), and may also assist such an organisation by—

(a)permitting them to use premises belonging to the authority upon such terms and subject to such conditions as may be agreed,

(b)making available furniture or other goods, whether by way of gift, loan or otherwise, and

(c)making available the services of staff employed by the authority.

(3)No assistance shall be given under subsection (1) or (2) unless the voluntary organisation first give an undertaking—

(a)that they will use the money, furniture or other goods or premises made available to them for a specified purpose, and

(b)that they will, if the person giving the assistance serves notice on them requiring them to do so, furnish, within the period of 21 days beginning with the date on which the notice is served, a certificate giving such information as may reasonably be required by the notice with respect to the manner in which the assistance given to them is being used.

(4)The conditions subject to which assistance is given under this section shall in all cases include, in addition to any conditions determined or agreed under subsection (1) or (2), conditions requiring the voluntary organisation to—

(a)keep proper books of account and have them audited in such manner as may be specified,

(b)keep records indicating how they have used the money, furniture or other goods or premises made available to them, and

(c)submit the books of account and records for inspection by the person giving the assistance.

(5)If it appears to the person giving the assistance that the voluntary organisation have failed to carry out their undertaking as to the purpose for which the assistance was to be used, he shall take all reasonable steps to recover from the organisation an amount equal to the amount of the assistance; but no sum is so recoverable unless he has first served on the voluntary organisation a notice specifying the amount which in his opinion is recoverable and the basis on which that amount has been calculated.

Supplementary provisionsS

40 False statements, withholding information and failure to disclose change of circumstances.S

(1)If a person, with intent to induce a local authority to believe, in connection with the exercise of their functions under this Part, that he or another person—

(a)is homeless or threatened with homelessness, or

(b)has a priority need, or

(c)did not become homeless or threatened with homelessness intentionally,

knowingly or recklessly makes a statement which is false in a material particular, or knowingly withholds information which the authority have reasonably required him to give in connection with the exercise of those functions, he shall be guilty of an offence.

(2)If before an applicant receives notification of the local authority’s decision on his application there is any change of facts material to his case, he shall notify the authority as soon as possible; and the authority shall explain to every applicant, in ordinary language, the duty imposed on him by this subsection and the effect of subsection (3).

(3)A person who fails to comply with subsection (2) commits an offence unless he shows that he was not given the explanation required by that subsection or that he had some other reasonable excuse for non-compliance.

(4)A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

41 Meaning of accommodation available for occupation.S

For the purposes of this Part accommodation shall be regarded as available for a person’s occupation only if it is available for occupation both by him and by any other person who might reasonably be expected to reside with him; and references to securing accommodation for a person’s occupation shall be construed accordingly.

42 Application of this Part to cases arising in England or Wales.S

(1)Sections 33 and 34 (referral of application to another local authority and duties to persons whose applications are referred) apply—

(a)to applications referred by a local authority in England or Wales in pursuance of [F80section 198(1) of the Housing Act 1996], and

(b)to persons whose applications are so transferred,

as they apply to cases arising under this Part.

(2)Section 38 (duty of other authorities to co-operate with local authority) applies to a request by a local authority in England or Wales under [F81section 213 of the Housing Act 1996] as it applies to a request by a local authority in Scotland.

(3)In this Part, in relation to England and Wales—

(a)“local authority” means a local housing authority within the meaning of section 1(1) of the said Act of 1985 and references to the district of such an authority are to the area of the council concerned,

(b)“social work authority” means a social services authority for the purposes of the M10Local Authority Social Services Act 1970, as defined in section 1 of that Act;

and in section 38(a) (requests for co-operation) “development corporation” means a development corporation established by an order made or having effect as if made under the M11New Towns Act 1981 or the Commission for the New Towns.

43 Minor definitions.S

In this Part—

• “accommodation available for occupation” has the meaning assigned to it by section 41;

• “applicant (for housing accommodation)” has the meaning assigned to it by section 28(1);

• “homeless” has the meaning assigned to it by section 24(1) to (3);

• “homeless intentionally or threatened with homelessness intentionally” has the meaning assigned to it by section 26;

• “local connection (in relation to the district of a local authority)” has the meaning assigned to it by section 27;

• “priority need (for accommodation)” has the meaning assigned to it by section 25;

• “relevant authority” means a local authority or social work authority;

• “securing accommodation for a person’s occupation” has the meaning assigned to it by section 41;

• “social work authority” means a local authority for the purposes of the M12Social Work (Scotland) Act 1968, that is to say, a regional or islands council;

• “threatened with homelessness” has the meaning assigned to it by section 24(4);

• “voluntary organisation” means a body, not being a public or local authority, whose activities are carried on otherwise than for profit.

PART IIIS RIGHTS OF PUBLIC SECTOR TENANTS

Security of tenureS

F8244. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F8345. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F8446. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F8547. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F8648. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F8749. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F8850. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F8951. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

SuccessionS

F9052. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

LeasesS

F9153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F9254. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

SublettingS

F9355. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F9456. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Repairs and improvementsS

F9557. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F9658. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F9758A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F9859. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F9960. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Right to buyS

61 Secure tenant’s right to purchaseS

(1)Notwithstanding anything contained in any agreement, a tenant of a house to which this section applies (or such one or more of joint tenants as may be agreed between them) shall, subject to this Part, have the right to purchase the house at a price fixed under section 62.

(2)This section applies to every house let under a [F100Scottish] secure tenancy where—

(a)the landlord is [F101, or was when the tenancy was granted,] either—

[F102(i)a local authority, or a joint board or joint committee of two or more local authorities, or the common good of a local authority or any trust under the control of a local authority; or

[F103(ia)a registered social landlord; or

[F104(iia)Scottish Water;]]]

(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105(vi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105(vii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105(viii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105(ix). . . and

(b)the landlord is the heritable proprietor of the house F106. . .; and

(c)immediately prior to the date of service of an application to purchase, the tenant has been for not less than [F1075 years] in occupation of a house (including accommodation provided as mentioned in subsection (11)(n)) or of a succession of houses provided by any persons mentioned in subsection (11).

[F108(2A)For the purposes of subsection (2)(c), where the house was provided by a body which, at any time while the house was so provided, was not a registered social landlord, the body shall, if it became a registered social landlord at any later time, be deemed to have been a registered social landlord.]

(3)This section also applies to a house let under a [F109Scottish] secure tenancy granted in pursuance of section [F110282(2) or (3)] (grant of [F109Scottish] secure tenancy on acquisition of defective dwelling), if the tenant would not otherwise have the right to purchase under this Part; and where it so applies—

(a)paragraph (c) of subsection (2) shall not have effect;

[F111(b)the words “beyond 5” in section 62(3)(b) and “after 5” in section 62(5)(b) shall not have effect.]

(4)This section does not apply—

F112(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F112(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)where [F113a landlord which is a registered social landlord] has at no time let (or had available for letting) more than 100 dwellings;

[F114(ca)where a landlord which is a registered social landlord is a co-operative housing association;] or

F112(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F115(e)where a registered social landlord is registered as such by virtue of section 57(2) of the Housing (Scotland) Act 2001 (asp 10) and was, on the date on which that Act received Royal Assent, a recognised body within the meaning of section 1(7) (Scottish charities) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40);]

[F116(ea)to a house that is one of a group of houses which has been designed for persons with special needs where one or more of the following conditions is satisfied—

(i)the houses are provided with, or situated near, special facilities for use by their tenants (whether or not exclusively),

(ii)the tenants of the houses are provided with housing support services (within the meaning of section 91 of the Housing (Scotland) Act 2001 (asp 10)).]

(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F117(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Where the spouse of a tenant or, where there is a joint tenancy, the spouse of a joint tenant, occupies the house as his only or principal home but is not himself a joint tenant, the right to purchase the house under subsection (1) shall not be exercised without the consent of such spouse.

(6)A tenant may exercise his right to purchase, if he so wishes, together with one or more members of his family acting as joint purchasers, provided—

(a)that such members are at least 18 years of age, that they have, during the period of 6 months ending with the date of service of the application to purchase, had their only or principal home with the tenant and that their residence in the house is not a breach of any obligation of the tenancy; or

(b)where the requirements of paragraph (a) are not satisfied, the landlord has consented.

F117(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F117(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F117(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)In this section and [F118section 62]—

(a)references to occupation of a house [F119are to continuous occupation and] include occupation—

(i)in the case of joint tenants, by any one of them;

(ii)by any person occupying the house rent-free;

(iii)as the spouse of the tenant, joint tenant or of any such person;

(iv)as the child, or the spouse of a child, of a tenant or a person occupying the house rent free who has succeeded, directly or indirectly, to the rights of that person in a house occupation of which would be reckonable for the purposes of this section; but only in relation to any period when the child, or as the case may be spouse of the child, is at least 16 years of age; or

(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F120, as a member of the family of a tenant or a person occupying the house rent free who, not being that person’s spouse or child (or child’s spouse), has succeeded, directly or indirectly, to such rights as are mentioned in paragraph (iv); but only in relation to any period when the member of the family is at least 16 years of age.

(b)for the purpose of determining the period of occupation—

F121(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F121(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F122(iii)there shall be added to the period of occupation of a house by a joint tenant any earlier period during which he was at least 16 years of age and occupied the house as a member of the family of the tenant or of one or more of the joint tenants of the house.]

[F123(iv)the landlord may, if it thinks fit, disregard as not affecting continuity any interruption in occupation which appears to it to result from circumstances outwith the control of the person in question.]

(11)The persons providing houses reffered to in subsection (2)(c) (occupation requirement for excercise of right to purchase) and in section 62(3)(b) (calculation of the discount from the market value) are—

(a)[F124any local authority] in Scotland; any local authority in England and Wales or in Northern Ireland; and the statutory predecessors of any such F125. . . authority, or the common good of any such [F124authority], or any trust under the control of any such [F124authority];

[F126(aa)a registered social landlord;]

(b)the Commission for the New Towns;

(c)a development corporation, an urban development corporation; and any development corporation established under corresponding legislation in England and Wales or in Northern Ireland; and the statutory predecessors of any such authority;

[F127(d)Scottish Homes and the Scottish Special Housing Association;]

(e)a registered housing association;

(f)the Housing Corporation;

(g)a housing co-operative within the meaning of section 22 or a housing co-operative within the meaning of section 27B of the M13Housing Act 1985;

F128(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i)the Northern Ireland Housing Executive or any statutory predecessor;

(j)a police authority or the statutory predecessors of any such authority;

(k)a fire authority or the statutory predecessors of any such authority;

(l)[F129Scottish Water]; any water authority constituted under corresponding legislation in England and Wales or in Northern Ireland; and the statutory predecessors of [F130Scottish Water and]any such authority;

(m)the Secretary of State, where the house was at the material time used for the purposes of the Scottish Prison Service or of a prison service for which the Home Office or the Northern Ireland Office have responsibility;

(n)the Crown, in relation to accommodation provided in connection with service whether by the tenant or his spouse as a member of the regular armed forces of the Crown;

(o)the Secretary of State, where the house was at the material time used for the purposes of a health board constituted under section 2 of the M14National Health Services (Scotland) Act 1978 or for the purposes of a corresponding board in England and Wales, or for the purposes of the statutory predecessors of any such board; or the Department of Health and Social Services for Northern Ireland, where the house was at the material time used for the purposes of a Health and Personal Services Board in Northern Ireland, or for the purposes of the statutory predecessors of any such board;

(p)the Secretary of State, or the Minister of Agriculture, Fisheries and Food, where the house was at the material time used for the purposes of the Forestry Commission;

(q)the Secretary of State, where the house was at the material time used for the purposes of a State Hospital provided by him under section 90 of the M15Mental Health (Scotland) Act 1984 or for the purposes of any hospital provided under corresponding legislation in England and Wales;

(r)the Commissioners of Northern Lighthouses;

(s)the Trinity House;

(t)the Secretary of State, where the house was at the material time used for the purposes of Her Majesty’s Coastguard;

(u)the United Kingdom Atomic Energy Authority;

(v)the Secretary of State, where the house was at the material time used for the purposes of any function transferred to him under section 1(2) of the M16Defence (Transfer of Functions) Act 1964 or any function relating to defence conferred on him by or under any subsequent enactment;

(w)such other person as the Secretary of State may by order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament prescribe.

[F13161A Limitation on right to purchase from registered social landlordsS

(1)Subject to subsection (2), this section applies to a Scottish secure tenancy where the landlord is a registered social landlord and—

(a)the tenancy was created on or after the date specified in relation to the landlord in an order under section 11(1) of the Housing (Scotland) Act 2001 (asp 10), or

(b)the tenancy became a Scottish secure tenancy by virtue of such an order.

(2)This section does not apply—

(a)to a tenancy of a house acquired by the landlord after the date referred to in subsection (1)(a),

(b)to a tenancy of a house constructed by the landlord after that date if an offer of grant in connection with the construction was made by the Scottish Ministers or a local authority after that date,

(c)in such other circumstances as the Scottish Ministers may specify by order made by statutory instrument.

(3)Where this section applies, section 61(1) does not apply in relation to a house let under the tenancy until the expiry of—

(a)the period of 10 years beginning with the date referred to in subsection (1)(a), and

(b)any further period determined under subsection (4).

(4)The Scottish Ministers may if they think fit, on an application made by the landlord before the expiry of a period mentioned in subsection (3)(a) or (b), determine a further period, not exceeding 10 years, for the purposes of paragraph (b) of that subsection.

(5)The Scottish Ministers may issue guidance as to—

(a)the form of such an application,

(b)the information to be provided by the landlord in support of such an application.

(6)Before making an application under subsection (4), the landlord shall consult—

(a)any heritable creditor of the landlord having an interest in a house of the landlord’s in relation to which this section applies, and

(b)such other persons as it thinks fit.

(7)If a registered social landlord so elects by notice in writing to the Scottish Ministers, subsection (3) ceases, on the date specified in the notice, to have effect in relation to houses let (whether before or after that date) by the landlord.

(8)A notice given under subsection (7) cannot be withdrawn after the date specified in it.

(9)Where a landlord gives a notice under subsection (7) it shall take such steps as are reasonable to inform—

(a)those of its tenants affected by the operation of subsection (3), and

(b)any heritable creditor referred to in subsection (6)(a),

that the notice has been given and of its effect.

(10)A statutory instrument containing an order under subsection (2)(c) is subject to annulment in pursuance of a resolution of the Scottish Parliament.]

[F13261B Limitation on right to purchase: pressured areasS

(1)The Scottish Ministers may, from time to time, on a proposal from a local authority, designate any part of the local authority’s area as a pressured area if they consider that—

(a)the needs of that part for housing accommodation in houses provided by the authority or by registered social landlords exceed substantially, or are likely to exceed substantially, the amount of such housing accommodation which is, or is likely to be, available in that part, and

(b)the exercise by tenants of houses in that part of the right under section 61(1) to purchase such houses is likely to increase the extent by which such needs exceed the amount of such housing accommodation.

(2)A designation under subsection (1)—

(a)may be in terms of the proposal or in such other terms as the Scottish Ministers think fit,

(b)has effect for such period, not exceeding 5 years, as the Scottish Ministers may specify.

(3)For so long as an area is designated as a pressured area, section 61(1) does not apply in relation to a house in the area—

(a)let under a tenancy created on or after the date specified in relation to the landlord in an order under section 11(1) of the Housing (Scotland) Act 2001 (asp 10), or

(b)let under a tenancy created before that date where—

(i)the tenant did not, immediately before that date, have a right under section 61(1) to purchase the house, or

(ii)the tenant succeeded to the tenancy on or after that date.

(4)In determining for the purposes of subsection (3)(b)(i) whether a tenant had a right to purchase a house, section 61(2)(c) is to be left out of account.

(5)A designation under subsection (1) shall—

(a)identify the pressured area,

(b)specify the date on which the designation takes effect, and

(c)specify the period for which it has effect.

(6)The local authority shall take such steps as are reasonable to publicise—

(a)a designation under subsection (1) and its effect,

(b)any amendment or revocation of such a designation under subsection (8) and its effect.

(7)Where a local authority landlord or a registered social landlord offers a person a tenancy of a house in an area in relation to which, on the proposed commencement date of the tenancy, a designation under subsection (1) will be in force, the landlord shall inform the person of the designation and its effect.

(8)A designation under subsection (1) may be amended or revoked by the Scottish Ministers at any time if the local authority propose that they should do so and provide reasons for that proposal sufficient to justify the amendment or revocation.

(9)A local authority may make a further proposal under subsection (1) in relation to a part of their area despite a designation under that subsection being, or having been, in force in relation to that part.

(10)Nothing in this section affects a notice to purchase served prior to the designation of an area as a pressured area.]

F13361C Pressured area proposals: procedureS

(1)A proposal by a local authority under section 61B(1) shall specify—

(a)the part of their area proposed for designation as a pressured area, and

(b)the period, not exceeding 5 years, for which it is proposed the designation should have effect.

(2)The Scottish Ministers may issue guidance as to—

(a)the form of such a proposal,

(b)the information to be provided by a local authority in support of such a proposal.

(3)Before making a proposal under section 61B(1) in relation to any part of their area a local authority shall consult—

(a)every registered social landlord holding houses for housing purposes in the part in question, and

(b)such bodies representing the interests of tenants and other residents in that part, and such other persons, as the authority think fit.

[F13461D Limitation on right to purchase: arrears of rent, council tax etc.S

(1)Subsections (2) and (3) apply where a tenant serves on a landlord an application to purchase at a time when the tenant, or any joint purchaser (within the meaning of section 61(6))—

(a)has not paid the landlord rent or any other charge lawfully due to the landlord under that or any other tenancy, or

(b)has not paid any sum lawfully due in respect of—

(i)council tax in respect of the house or any other house in the local government area in which the house is situated, or

(ii)water and sewerage charges in relation to the house or any other such house.

(2)If the landlord is a local authority landlord, it is entitled (but not required) to serve on the tenant a notice of refusal under section 68.

(3)If the landlord is a registered social landlord—

(a)where the sum is a sum referred to in subsection (1)(a), the landlord is entitled (but not required) to serve such a notice on the tenant,

(b)where the sum is a sum referred to in subsection (1)(b), the landlord shall—

(i)consult the local authority for the area in which the house is situated, and

(ii)serve such a notice on the tenant unless the authority agree that such a notice should not be served.]

[F13561E Limitation on right to purchase: conductS

(1)Subsection (3) applies where—

(a)the landlord has served on the tenant a notice under section 14(2) of the Housing (Scotland) Act 2001 (asp 10) specifying a ground set out in any of paragraphs 1 to 7 of schedule 2 to that Act as the ground on which proceedings for recovery of possession of the house are to be raised, and

(b)neither of the following has occurred—

(i)the notice has ceased to be in force in accordance with section 14(5) of that Act or has been withdrawn by the landlord without proceedings for recovery of possession having been raised, or

(ii)such proceedings have been raised and have been finally determined.

(2)For the purposes of subsection (1)(b)(ii) proceedings are finally determined when—

(a)the period for appealing against the interlocutor disposing of the proceedings has expired without an appeal being lodged, or

(b)where an appeal has been lodged, the appeal is withdrawn or finally determined.

(3)Where this subsection applies, section 61(1) does not apply in relation to the house referred to in subsection (1) of this section.

(4)Nothing in this section affects an application to purchase served prior to service of the notice referred to in subsection (1).]

62 The price.S

(1)Subject to [F136subsection (6A)], the price at which a tenant entitled to purchase a house under this Part shall be fixed [F137as at the date of service of the application to purchase] by subtracting a discount from the market value of the house.

(2)The market value for the purposes of this section shall be determined by [F138either]—

(a)a qualified valuer nominated by the landlord and accepted by the tenant; or

(b)the district valuer,

[F139as the landlord thinks fit] as if the house were available for sale on the open market with vacant possession at the date of service of the application to purchase.

For the purposes of this subsection, no account shall be taken of any element in the market value of the house which reflects an increase in value as a result of work the cost of which would qualify for a reimbursement under [F140section 29 of the Housing (Scotland) Act 2001 (asp 10)].

(3)Subject to subsection (5), the discount for the purposes of subsection (1) shall be—

[F141(a)20 per cent of the market value of the house,]

together with

(b)an additional one per cent. [F142of the market value for every year beyond 5] of F143. . . occupation by the appropriate person, F143. . . preceding the date of service of the application to purchase, of a house (including accommodation provided as mentioned in section 61(11)(n) or of a succession of houses provided by any persons mentioned in section 61(11),

up to a maximum discount of [F14435 per cent or £15,000, whichever is less].

[F145(3A)There shall be deducted from the discount an amount equal to any previous discount, or the aggregate of any previous discounts, received by [F146any of the persons mentioned in subsection (4)(a)(i) to (iv)] on any previous purchase of a house F147. . . from a landlord who is a person specified in subsection (11) of section 61 or prescribed in an order made under that subsection, reduced by any amount of such previous discount recovered by such a landlord.]

[F148(3B)Where a previous discount was received by two or more persons jointly, subsection (3A) has effect as if each of them had received an equal proportion of the discount.]

(4)For the purposes of subsection (3)

[F149(a)the “appropriate person” is whoever of—

(i)the tenant; or

(ii)the tenant’s spouse if living with him at the date of service of the application to purchase; or

(iii)a deceased spouse if living with the tenant at the time of death; or

(iv)any joint tenant who is a joint purchaser of the house,

has the longer or longest [F150occupation of the type mentioned in subsection (3)(b)];]

[F151(b)where the house was provided by a body which, at any time while the house was so provided, was not a registered social landlord, the body shall, if it became a registered social landlord at any later time, be deemed to have been a registered social landlord at all times since it first provided the house]

F152. . .

(5)The Secretary of State may by order made with the consent of the Treasury provide that, in such cases as may be specified in the order—

(a)the minimum percentage discount,

(b)the percentage increase for each complete year of the qualifying period after the first [F1535], or

(c)the maximum percentage discount,

shall be such percentage, [F154other] than that specified in subsection (3), as may be specified in the order.

[F155(5A)The Scottish Ministers may by order vary the maximum amount of discount for the time being specified in subsection (3).]

(6)An order under subsection (5) [F156or (5A)]—

(a)may make different provision with respect to different cases or descriptions of case [F157or different areas],

(b)may contain such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient, and

(c)shall be made by statutory instrument and shall not be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

[F158(6A)Except where the Secretary of State so determines, the discount for the purpose of subsection (1) shall not reduce the price below the amount which, in accordance with a determination made by him, is to be taken as representing so much of the costs incurred in respect of the house as, in accordance with the determination, is to be treated as—

(a)incurred in the period commencing with the beginning of the financial year of the landlord which was current 5 years prior to the date of service of the application to purchase the house or such other period as the Secretary of State may by order provide; and

(b)relevant for the purposes of this subsection,

and, if the price before discount is below that amount, there shall be no discount.

(6B)An order under subsection (6A) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and may make different provision in relation to different cases or circumstances or different areas.]

(10)Where at the date of service of an offer to sell under section 63 any of the costs referred to in subsection [F159(6A)] are not known, the landlord shall make an estimate of such unknown costs for the purposes of that subsection.

(11)–(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F160

F16162A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

ProcedureS

63 Application to purchase and offer to sell.S

(1)A tenant who seeks to exercise a right to purchase a house purchase and offer under section 61 shall serve on the landlord a notice (referred to in this to sell. Part as an ”application to purchase”) which shall be in such form as the Secretary of State shall by order made by statutory instrument prescribe, and shall contain—

(a)notice that the tenant seeks to exercise the right to purchase;

(b)a statement of any period of occupancy of a house on which the tenant intends to rely for the purposes of section 61 and 62; and

(c)the name of any joint purchaser within the meaning of section 61(6) F162. . .

F162(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F163(1A)Where the landlord is a registered social landlord the tenant shall, when serving on the landlord the application to purchase, give the landlord a certificate issued by the local authority for the area in which the house is situated stating—

(a)whether the tenant and any joint purchaser have, as at the date of the certificate (which must be no more than one month before the date of the application to purchase), paid the sums referred to in section 61D(1)(b), and

(b)if they have not, the amount of any such sum lawfully due by the tenant or, as the case may be, the joint purchaser as at the date of the certificate.

(1B)A local authority shall, on the application of a tenant or joint purchaser referred to in subsection (1A), issue to that person free of charge a certificate as to the matters specified in paragraphs (a) and (b) of that subsection so far as relating to that person.

(1C)A certificate under subsection (1B) shall be issued not later than 21 days after the receipt of the application by the authority.]

(2)Where an application to purchase is served on a landlord, and the landlord does not serve a notice of refusal under sections 68 to 70 it shall, within 2 months after service of the application to purchase, serve on the tenant a notice (referred to in this Part as an “offer to sell”) containing—

(a)the market value of the house determined under section 62(2);

(b)the discount calculated under section 62(3);

(c)the price fixed under section 62(1);

F164(cc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)any conditions which the landlord intends to impose under section 64; and

(e)an offer to sell the house to the tenant and any joint purchaser named in the application to purchase at the price referred to in paragraph (c) and under the conditions referred to in paragraph (d).

F164(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

64

(1)Subject to section 75, an offer to sell under section 63(2) shall contain such conditions as are reasonable, provided that—

(a)the conditions shall have the effect of ensuring that the tenant has as full enjoyment and use of the house as owner as he has had as tenant;

(b)the conditions shall secure to the tenant such additional rights as are necessary for his reasonable enjoyment and use of the house as owner (including, without prejudice to the foregoing generality, common rights in any part of the building of which the house forms part) and shall impose on the tenant any necessary duties relative to rights so secured; and

(c)the conditions shall include such terms as are necessary to entitle the tenant to receive a good and marketable title to the house.

(2)A condition which imposes a new charge or an increase of an existing charge for the provision of a service in relation to the house shall provide for the charge to be in reasonable proportion to the cost to the landlord of providing the service.

(3)No condition shall be imposed under this section which has the effect of requiring the tenant to pay any expenses of the landlord.

(4)Subject to subsection (6), no condition shall be imposed under this section which has the effect of requiring the tenant or any of his successors in title to offer to the landlord, or to any other person, an option to purchase the house in advance of its sale to a third party, except in the case of a house which has facilities which are substantially different from those of an ordinary house and which has been designed or adapted for occupation by a person of pensionable age or disabled person whose special needs require accommodation of the kind provided by the house.

(5)Where an option to purchase permitted under subsection (4) is exercised, the price to be paid for the house shall be determined by the district valuer who shall have regard to the market value of the house at the time of the purchase and to any amount due to the landlord under section 72 (recovery of discount on early re-sale).

(6)Subsection (4) shall not apply to houses in an area which is designated a rural area by the [F165local authority] within whose area it is situated where the Secretary of State, on the application of the [F165local authority] concerned, makes an order, which shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, to that effect.

(7)An order under subsection (6) may be made where—

(a)within the said rural area more than one-third of all relevant houses have been sold [F166whether under this Part or otherwise]; and

[F167(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 Rent (Scotland) Act M171984 or assured tenancies for the purposes of Part II of the Housing (Scotland) Act 1988.]

(8)For the purposes of subsection (7)(a), a “relevant house” is one of which—

(a)at 3rd October 1980, the council concerned, or

(b)at 7th January 1987, a registered housing association, is landlord.

(9)A condition imposed by virtue of subsection (6) shall not have effect in relation to any house for more than 10 years from the date of its conveyance to a tenant in pursuance of his right to purchase under this Part and subsection (5) shall apply to any option to purchase exercised under such a condition.

65 Variation of conditions.S

(1)Where an offer to sell is served on a tenant and he wishes to exercise his right to purchase, but—

(a)he considers that a condition contained in the offer to sell is unreasonable; or

(b)he wishes to have a new condition included in it; or

(c)he has not previously notified the landlord of his intention to exercise that right together with a joint purchaser, but now wishes to do so; or

(d)he has previously notified the landlord of his intention to exercise that right together with any joint purchaser but now wishes to exercise the right without that joint purchaser,

he may request the landlord to strike out or vary the condition, or to include the new condition, or to make the offer to sell to the tenant and the joint purchaser, or to withdraw the offer to sell in respect of the joint purchaser, as the case may be, by serving on the landlord within one month after service of the offer to sell a notice in writing setting out his request; and if the landlord agrees, it shall accordingly serve an amended offer to sell on the tenant within one month of service of the notice setting out the request.

(2)A tenant who is aggrieved by the refusal of the landlord to agree to strike out or vary a condition, or to include a new condition, or to make the offer to sell to the tenant and the joint purchaser, or to withdraw the offer to sell in respect of any joint purchaser under subsection (1), or by his failure timeously to serve an amended offer to sell under the said subsection, may, within one month or, with the consent of the landlord given in writing before the expiry of the said period of one month, within two months of the refusal or failure, refer the matter to the Lands Tribunal for determination.

(3)In proceedings under subsection (2), the Lands Tribunal may, as it thinks fit, uphold the condition or strike it out or vary it, or insert the new condition or order that the offer to sell be made to the tenant and the joint purchaser, or order that the offer to sell be withdrawn in respect of any joint purchaser, and where its determination results in a variation of the terms of the offer to sell, it shall order the landlord to serve on the tenant an amended offer to sell accordingly within 2 months thereafter.

66 Notice of acceptance.S

(1)Where an offer to sell is served on a tenant and he wishes to exercise his right to purchase and—