SCHEDULES

Section 10(4).

SCHEDULE 1S RULES AS TO ASSESSMENT OF COMPENSATION WHERE LAND PURCHASED COMPULSORILY IN CERTAIN CIRCUMSTANCES

1S—If the Lands Tribunal are satisfied that the rent of any premises was enhanced by reason of their being used for illegal purposes, the compensation shall, so far as it is based on rental, be based on the rental which would have been obtainable if the premises were occupied for legal purposes.

2S—If the Lands Tribunal are satisfied that the rent of any premises was higher than that generally obtained at the time for similar premises in the locality and that such enhanced rent was obtained by reason of the premises being overcrowded within the meaning of Part VII, the compensation shall, so far as it is based on rent, be based on the rent so generally obtained.

3.—SThe local authority may tender evidence as to the matters mentioned in paragraphs 1 or 2 although they have not taken any steps to remedy them.

4S—The Lands Tribunal shall (except as provided in section 15(1) of the Land Compensation (Scotland) Act 1963) have regard to, and make an allowance in respect of, any increased value which, in their opinion, will be given to other premises of the same owner by the demolition by the local authority of any buildings.

5S—The Lands Tribunal shall embody in their award a statement showing separately whether compensation has been reduced by reference to the use of the premises for illegal purposes, to overcrowding, and to the considerations mentioned in paragraph 4 of this Schedule, and the amount (if any) by which compensation has been reduced by reference to each of those matters.

Section 44(4), (5)

[F1SCHEDULE 2S TENANCIES WHICH ARE NOT SECURE TENANCIES]

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

Sections 48 and 51.

[F5SCHEDULE 3S GROUNDS FOR RECOVERY OF POSSESSION OF HOUSES LET UNDER SECURE TENANCIES]

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

Section 55(6).

[F10SCHEDULE 4S TERMS OF SECURE TENANCY RELATING TO SUBLETTING, ETC.]

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

Section 57(3).

[F11SCHEDULE 5S TERMS OF SECURE TENANCY RELATING TO ALTERATIONS, ETC TO HOUSE]

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

Section 77(3).

SCHEDULE 6S VESTING ORDER UNDER SECTION 77: MODIFICATION OF ENACTMENTS

[F12The Town and Country Planning (Scotland) Act 1997 (c. 8)]S

1S—Paragraphs 1(2), 6 to 13 and 16 to 39 of [F13Schedule 15] only shall apply and in them any reference to a general vesting declaration shall be treated as a reference to an order under section 77.

2S—The references in paragraphs 6, 7 and 37 of that Schedule to the end of the period specified in a general vesting declaration shall be treated as references to the date on which such an order comes into force and the reference in paragraph 9 thereof to the acquiring authority having made a general vesting declaration shall be treated as a reference to such order having come into force.

3S—In paragraph 6 of that Schedule—

(a)the reference to every person on whom, under section 17 of the Lands Clauses Consolidation (Scotland) Act 1845, the acquiring authority could have a served a notice to treat, shall be treated as a reference to every person whose interest in the land to which such order relates is vested by the order in the landlord; and

(b)sub-paragraph (a) shall be omitted.

4S—The reference in paragraph 20(2) of that Schedule to the date on which the notice required by paragraph 4 thereof is served on any person shall be treated as a reference to the date on which such an order comes into force.

5S—In paragraph 29 of that Schedule—

(a)sub-paragraph (1)(a) shall be omitted; and

(b)the reference in sub-paragraph (1)(b) to the date on which a person first had knowledge of the execution of the general vesting declaration shall be treated as a reference to the date on which such order came into force.

The Land Compensation (Scotland) Act 1963 (c.51)S

6S—Any reference to the date of service of a notice to treat shall be treated as a reference to the date on which an order under section 77 comes into force.

7S—Section 25(2) shall be treated as if for the words “the authority proposing to acquire it have served a notice to treat in respect thereof, or an agreement has been made for the sale thereof to that authority” there were substituted the words “an order under section 77 of the Housing (Scotland) Act 1987 vesting the land in which the interest subsists in the landlord has come into force, or an agreement has been made for the sale of the interest to the landlord”.

8S—In section 30—

(a)subsection (2) shall be treated as if at the end of paragraph (c) there were added the words—

“; or—

(d)where an order has been made under section 77 of the Housing (Scotland) Act 1987 vesting the land in which the interest subsists in the landlord.”; and

(b)subsection (3) shall be treated as if in paragraph (a) the words “ “or (d)” ” were inserted after the words “subsection (2)(b)”.

9S—Any reference to a notice to treat in section 45(2) shall be treated as a reference to an order under the said section 77.

10S—In Schedule 2, paragraph 2(1)(a) shall be treated as if the words “or the coming into force of an order under section 77 of the Housing (Scotland) Act 1987 for the vesting of the land in the landlord” were inserted after the word “land”.

[F14SCHEDULE 6A]S

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Section 93.

F15SCHEDULE 7S

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Section 95.

F16SCHEDULE 8S

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Sections 109(5), 131(2), 164(4).

SCHEDULE 9S RECOVERY OF EXPENSES BY CHARGING ORDER

1S—Where under sections 108(3), 131(2) and 164(4) a local authority have themselves incurred expenses in relation to a house or building, they may make in favour of themselves an order (in this Schedule referred to as a “charging order”) providing and declaring that the house or building is thereby charged and burdened with an annuity to pay the amount of the expenses.

2S—The annuity charged shall be such sum not exceeding such sum as may be prescribed, as the local authority may determine for every £100 of the said amount and so in proportion for any less sumF17....

[F182ASThe local authority must—

(a)determine—

(i)the term of the charging order, being no fewer than 5 years and no more than 30 years, and

(ii)the date in each year on which the annuity is payable, and

(b)notify the owner of its determination under paragraph (a).

2BSSection 187 of the Housing (Scotland) Act 2006 (asp 1) applies to a notification under paragraph 2A(b) as if the notification were a formal communication referred to in section 187(1) of that Act.]

3S—A charging order shall be in such form as may be prescribed and shall be recorded in the General Register of Sasines, or registered in the Land Register, as the case may be.

[F193ASA charging order must provide—

(a)that the annuity is payable for the term and on the date in each year determined under paragraph 2A(a),

(b)that in default of payment of an annuity, the annuity is to be separately recoverable as a debt, and

(c)that if immediately after the final annuity falls due any balance of the expenses charged by the order remains unpaid, that balance is immediately due for repayment and is recoverable as a debt.

3B(1)A person aggrieved by a determination under paragraph 2A(a)(i), may appeal to the sheriff.S

(2)On an appeal under this paragraph the sheriff may make such order relating to the term of the charging order as the sheriff thinks fit.

(3)The decision of the sheriff on appeal under this paragraph is final.]

4S—Every annuity constituting a charge by a charging order duly recorded in the General Register of Sasines or registered in the Land Register, as the case may be, shall be a charge on the premises specified in the order and shall have priority over—

(a)all future burdens and incumbrances on the same premises, and

(b)all existing burdens and incumbrances thereon except—

F20(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)any charges created or arising under any provision of the Public Health (Scotland) Act 1897 or any Act amending that Act, or any local Act authorising a charge for recovery of expenses incurred by a local authority, or under this Schedule; and

(iii)any charge created under any Act authorising advances of public money.

5S—A charging order duly recorded in the General Register of Sasines or registered in the Land Register, as the case may be, shall be conclusive evidence that the charge specified therein has been duly created in respect of the premises specified in the order.

[F215ASThe owner of the premises on which an annuity has been charged by a charging order does not, by virtue only of ceasing to be such an owner, cease to be liable for each annuity charged.]

F226S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7S—A charging order and all sums payable thereunder may be from time to time transferred in like manner as a [F23standard] security and sums payable thereunder.

8S—Any owner of, or other person interested in, premises on which an annuity has been charged by any such charging order shall at any time be at liberty to redeem the annuity on payment to the local authority or other person entitled thereto of such sum as may be agreed upon or, in default of agreement, determined by the Secretary of State.

Section 113.

F24SCHEDULE 10S LANDLORD’S REPAIRING OBLIGATIONS

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Section 164(4), 184(2), 187(3), 189.

F25SCHEDULE 11S HOUSES IN MULTIPLE OCCUPATION: CONTROL ORDERS

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Section 199.

SCHEDULE 12S TERMINATION OF EXCHEQUER PAYMENTS TO LOCAL AUTHORITIES AND CERTAIN PERIODICAL PAYMENTS TO OTHER PERSONS

1(1)No payment shall be made—S

(a)for the year 1979-80 or any subsequent year to a local authority under any of the enactments specified in Part I of the Table in paragraph 2;

(b)for the year 1978-79 or any subsequent year to—

(i)the Scottish Special Housing Association under any of the enactments specified in Parts II or III of that Table;

(ii)a development corporation under any of the enactments specified in Part II of that Table.

(2)The right of a local authority to receive any payment under any of the enactments specified in Part I of that Table or section 105 of the Housing (Scotland) Act 1950 shall be extinguished unless an application has been made for the payment before 31st March 1980 or such later date as the Secretary of State may in exceptional circumstances allow.

(3)Subject to the following provisions of this paragraph, where—

(a)information given to the Secretary of State on any such application as is mentioned in sub-paragraph (2) for a payment includes any particulars which are, and are stated to be, based on an estimate; and

(b)it appears to the Secretary of State—

(i)that the estimate is reasonable, and

(ii)that, assuming the estimate were correct, the information and other particulars given on the application are sufficient to enable him to determine the amount of the payment;

the Secretary of State may accept the estimate and make a payment accordingly.

(4)Any payment made in pursuance of sub-paragraph (3) so far as it is based on an estimate of the cost of land may be adjusted when the final cost of the land is ascertained.

(5)Where any payment is made in pursuance of sub-paragraph (3), the recipient shall not be entitled to question the amount of the payment on a ground which means that the estimate was incorrect.

(6)Where the Secretary of State is not satisfied that the estimate is reasonable, he may, if he thinks fits, accept the application and make a payment of such amount as appears to him reasonable.

(7)No housing association grant under Part II of the M2Housing Associations Act 1985 shall be paid to a local authority, the Association or a development corporation in respect of any project completed after 31st March 1979.

(8)No payment shall be made for the year 1979-80 or any subsequent year under—

(a)section 27(1) of the M3Housing (Scotland) Act 1949, section 89(1) of the M4Housing (Scotland) Act 1950 or section 21(1) of the 1968 Act (exchequer contributions for hostels); or

(b)section 33 of the Housing Act 1974 or section 55 of the Housing Associations Act 1985 (hostel deficit grants),

to a local authority, the Association or a development corporation.

2STable

Part IS Payments to local authorities

Part IIS Payments to the Scottish Special Housing Association and development corporations

Part IIIS . . . F26

Section 201(4).

SCHEDULE 13S ENACTMENTS SPECIFYING EXCHEQUER CONTRIBUTIONS

The Housing (Scotland) Act M51950.

The Housing (Scotland) Act M61962, Part I.

The Housing (Financial Provisions) (Scotland) Act M71968.

. . . F27

. . . F27

. . . F27

Section 201(5).

SCHEDULE 14S ENACTMENTS SPECIFYING EXCHEQUER CONTRIBUTIONS THAT MAY BE REDUCED, SUSPENDED OR DISCONTINUED

The Housing (Scotland) Act M81950, sections 105, 110 and 121.

The Housing (Scotland) Act M91962, sections 12(3) and 14.

The Housing (Financial Provisions) (Scotland) Act M101968, Part I, Part II (except sections 26 and 50) and section 58(4).

. . . F28

The Housing (Financial Provisions) (Scotland) Act M111972, Part I.

. . . F28

. . . F28

Section 203.

SCHEDULE 15S THE HOUSING REVENUE ACCOUNT

PART IS APPLICATION OF ACCOUNT

1(1)The houses, buildings and land specified for the purposes of section 203(1) (the housing revenue account) are—S

(a)all houses and other buildings which have been provided after 12th February 1919 for the purpose of—

(i)Part III of the Housing (Scotland) Act 1925, or

(ii)any enactment relating to the provision of housing accommodation for the working classes repealed by that Act, or

(iii)Part V of the Housing (Scotland) Act 1950, or

(iv)Part VII of the Act of 1966, or

(v)Part I of this Act;

(b)all land which after that date has been acquired or appropriated for the purposes of any of the enactments mentioned or referred to in paragraph (a) including—

(i)all land which is deemed to have been acquired under Part III of the said Act of 1925 by virtue of section 15(4) of the Housing (Scotland) Act 1935, and

(ii)any structures on such land which were made available to a local authority under section 1 of the Housing (Temporary Accommodation) Act 1944;

(c)all dwellings provided or improved by the local authority in accordance with improvement proposals approved by the Secretary of State under—

(i)section 2 of the Housing (Scotland) Act 1949, or

(ii)section 105 of the said Act of 1950, or

(iii)section 13 of the Act of 1968,

and all land acquired or appropriated by the authority for the purpose of carrying out such proposals;

(d)all houses in housing action areas within the meaning of Part II of the Housing (Scotland) Act 1974 or Part IV of this Act which have been purchased by the local authority under Part II of the said Act of 1974 or Part IV of this Act for the purpose of bringing them or another house up to the standard specified under section 16(3) or by virtue of section 17(3) of the Housing (Scotland) Act 1974 or section 90(3) or 91(3) of this Act;

(e)all buildings provided or converted for use as lodging houses (that is to say houses not occupied as separate dwellings) or hostels as defined in section 138(4) of the Act of 1966 and section 2(5) of this Act or as parts of lodging houses or hostels.

(2)Where a house is for the time being vested in a local authority by reason of the default of any person in carrying out the terms of any arrangements under which assistance in respect of the provision, reconstruction or improvement of the house has been given under any enactment relating to housing, the house shall be deemed for the purposes of sub-paragraph (1) to be a house which has been provided by the authority under Part VII of the Act of 1966 or Part I of this Act.

(3)The houses and other property to which a local authority’s housing revenue account relates shall include any property brought within the account before 27th August 1972—

(a)with the consent of the Secretary of State given under section 60(1)(f) of the Act of 1968, or

(b)by virtue of subsection (2) of the said section (house vesting in local authority on default of another person).

PART IIS OPERATION OF ACCOUNT

CreditsS

2(1)For each year a local authority shall carry to the credit of the housing revenue account amounts equal to—S

(a)the income receivable by the local authority from standard rents;

(b)any income receivable by the local authority for that year in respect of service charges, supplementary charges, feuduties and any other charges in respect of houses and other property to which the account relates;

F29(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)any income receivable by the local authority for that year in respect of all such buildings as are referred to in paragraph 1(1)(e);

(e)any payments received by the local authority from another local authority in pursuance of any overspill agreement, being payments such as are mentioned in paragraph 3(f) of this Schedule;

F30(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)income, and receipts in the nature of income, being income or receipts arising for that year from the investment or other use of money carried to the account;

(h)any other income of any description, except a contribution out of the general fund kept under section 93 of the Local Government (Scotland) Act 1973, receivable by the local authority for that year, being income relating to expenditure falling to be debited to the account for that year;

(i)such other income of the local authority as the Secretary of State may direct.

(2)Subject to sub-paragraph (3), where any house or other property to which the account relates has been sold or otherwise disposed of, an amount equal to any income of the local authority arising from the investment or other use of capital money received by the authority in respect of the transaction shall be carried to the credit of the account.

(3)Sub-paragraph (2) shall not apply—

(a)where the Secretary of State otherwise directs as respects the whole or any part of such income, or

(b)as respects income from capital money carried to a capital fund under paragraph 23 of Schedule 3 to the M12Local Government (Scotland) Act 1975.

(4)An amount equal to any income of the local authority arising from an investment or other use of borrowed moneys in respect of which the authority are required under paragraph 3 below to debit loan charges to the account shall be carried to the credit of the account.

(5)For any year, the local authority may, with the consent of the Secretary of State, carry to the credit of the account, in addition to the amounts required by the foregoing provisions of this Schedule, such further amounts, if any, as they think fit.

DebitsS

3S—Subject to paragraph 4 of this Schedule, for each year a local authority shall debit to the housing revenue account amounts equal to—

(a)the loan charges which the local authority are liable to pay for that year in respect of money borrowed by a local authority for the purpose of—

(i)the provision by them after 12th February 1919 of housing accommodation under the enactments referred to in paragraph 1(1)(a),

(ii)the provision or improvement by them of dwellings in accordance with improvement proposals approved by the Secretary of State under section 2 of the Housing (Scotland) Act 1949 or under section 105 of the M13Housing (Scotland) Act 1950 or under section 13 of the Act of 1968,

(iii)meeting expenditure on the repair of houses and other property to which the account relates,

(iv)the improvement of amenities of residential areas under section 251 on land to which the account relates,

(v)the alteration, enlargement or improvement under section 2(3) of any house:

(a)was demolished after 27th July 1972; or

(b)was disposed of after 25th May 1978;

(b)the taxes, feuduties, rents and other charges which the local authority are liable to pay for that year in respect of houses and other property to which the account relates;

(c)the expenditure incurred by the local authority for that year in respect of the repair, maintenance, supervision and management of houses and other property to which the account relates, other than the expenditure incurred by them in the administration of a rent rebate scheme;

(d)the expenditure incurred by the local authority for that year in respect of all such buildings as are referred to in paragraph 1(1)(e);

(e)the arrears of rent which have been written off in that year as irrecoverable, and the income receivable from any houses to which the account relates during any period in that year when they were not let;

(f)any payments made by the local authority to another local authority or a development corporation in pursuance of any overspill agreement, being payments towards expenditure which, if it had been incurred by the first-mentioned authority, would have been debited by them to their housing revenue account in pursuance of this paragraph;

(g)such other expenditure incurred by the local authority as the Secretary of State directs shall be debited to the housing revenue account.

4S—A local authority shall not debit to the housing revenue account amounts equal to—

(a)expenditure on the provision of anything under section 3 or 5 (which relate respectively to the powers of a local authority to provide shops, etc., and laundry facilities) or the supply of anything under section 4 (which relates to the power of a local authority to provide furniture, etc.), or

(b)any part of expenditure attributable to site works and services of a house or houses or other property to which the housing revenue account relates which exceeds the expenditure required for the provision of the house or houses or other property:

(i)anything referred to in paragraphs (a) and (b) of section 211(1) in respect of which the local authority are required to make a service charge;

(ii)any garage, car-port or other car-parking facilities provided by the local authority under the terms of the tenancy of a house,

and the exclusion from the housing revenue account of expenditure on the supply or provision of anything under sections 4 or 5 shall not extend to such expenditure when incurred in relation to a hostel or a lodging-house.

[F31 Provision of welfare servicesS

F324ASWhere in any year a local authority provide welfare services under section 5A, they may—

(a)carry to the credit of the housing revenue account an amount equal to the whole or any part of the income of the authority for the year from charges in respect of the provision of those services;

(b)carry to the debit of the account an amount equal to the whole or any part of the expenditure of the authority for the year in respect of the provision of those services.]

SupplementalS

5S—Any requirement of this Schedule as respects any amount to be debited or credited to the account may be met by taking in the first instance an estimate of the amount, and by making adjustments in the account for a later year when the amount is more accurately known or is finally ascertained.

6S—A local authority may, with the consent of the Secretary of State, exclude from the housing revenue account any of the items of income or expenditure mentioned in the foregoing provisions of this Schedule, or may with such consent include any items of income or expenditure not mentioned in those foregoing provisions.

7S—Where it appears to the Secretary of State that amounts in respect of any items of income or expenditure other than those mentioned in the foregoing provisions of this Schedule ought properly to be credited or debited to a housing revenue account, or that amounts in respect of any of the items of income and expenditure mentioned in the foregoing provisions of this Schedule which ought properly to have been credited or debited to the account have not been so credited or debited, or that any amounts have been improperly credited or debited to the account, he may, after consultation with the local authority, give directions for the appropriate credits or debits to be made or for the rectification of the account, as the case may require.

8S—The Secretary of State may direct that items of income or expenditure, either generally or of a specific category, shall be included in or excluded from the account.

9(1)If at any time a credit balance is shown in the housing revenue account, the whole or part of it may be made available for any purpose for which the general fund of the local authority maintained under section 93 of the Local Government (Scotland) Act 1973 may lawfully be applied.S

(2)If for any year a deficit is shown in the said account, the local authority shall carry to the credit of the account a [F33contribution out of the said general rate fund] of an amount equal to the deficit.

10S—References in this Schedule to houses and other property to which the housing revenue account of a local authority relates shall be construed as references to houses, buildings, land and dwellings in respect of which the authority are required by section 203 and Part I of this Schedule to keep the account.

Section 207(3).

SCHEDULE 16S THE SLUM CLEARANCE REVENUE ACCOUNT

CreditsS

1S—For each year a local authority shall carry to the credit of the slum clearance revenue account amounts equal to—

(a)the income from the rents, feuduties and other charges in respect of houses and other property to which the account relates;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

(c)any income from the investment or other use of capital obtained from the disposal of houses and other property to which the account relates;

(d)any expenses incurred by the local authority in the demolition of a building to which the account relates which they have recovered from the owner of the building;

(e)such other income of the local authority as the Secretary of State may direct.

2S—Where for any year a deficit is shown in the account, the local authority shall carry to the credit of the account in respect of that year an amount equal to the amount of the deficit.

DebitsS

3S—For each year a local authority shall debit to the slum clearance revenue account amounts equal to—

(a)the loan charges which the local authority are liable to pay for that year referable to the amount of expenditure incurred by the local authority which falls within section 207(2);

(b)the taxes, feuduties, rents and other charges which the local authority are liable to pay for that year in respect of houses and other property to which the account relates;

(c)the expenditure incurred by the local authority for that year in respect of the repair, maintenance, supervision and management of houses and other property to which the account relates;

(d)the expenditure incurred by the local authority for that year in respect of the purchase, demolition, and clearance of sites of houses and other property to which the account relates where that expenditure is not met from capital;

(e)the arrears of rent which have been written off in that year as irrecoverable and the income receivable from any houses to which the account relates during any period in that year when they were not let;

(f)such other expenditure incurred by the local authority as the Secretary of State directs.

SupplementalS

4S—Any surplus shown in a slum clearance revenue account at the end of a year shall be credited to the general fund kept under section 93 of the M14Local Government (Scotland) Act 1973.

5S—A local authority may, with the consent of the Secretary of State, exclude from the slum clearance revenue account any of the items of income or expenditure mentioned in the foregoing provisions of this Schedule, or may with such consent include any items of income or expenditure not mentioned in those foregoing provisions.

6S—The Secretary of State may direct that items of income or expenditure either generally or of a specific category, shall be included in or excluded from the slum clearance revenue account.

Section 214(8).

F35SCHEDULE 17S CONDITIONS RELATING TO HOUSE LOANS

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Section 244(6), (7) and (11).

F36SCHEDULE 18S STANDARD AMENITIES

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Section 246(5).

F37SCHEDULE 19S CONSEQUENCES OF BREACH OF CONDITIONS OF IMPROVEMENT GRANT

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Section 275.

F38SCHEDULE 20S ASSISTANCE BY WAY OF REPURCHASE

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Section 294.

F39SCHEDULE 21S DWELLINGS INCLUDED IN MORE THAN ONE DESIGNATION

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Section 339.

SCHEDULE 22S TRANSITIONAL PROVISIONS AND SAVINGS

PART IS TRANSITIONAL PROVISIONS

GeneralS

1S—The re-enactment of provisions in, and the consequent repeal of those provisions by this Act, does not affect the continuity of those provisions.

2S—In so far as—

(a)any requirement, prohibition, determination, order or regulation made by virtue of an enactment repealed by this Act, or

(b)any direction or notice given by virtue of such an enactment, or

(c)any proceedings begun by virtue of such an enactment, or

(d)anything done or having effect as if done,

could, if a corresponding enactment in this Act were in force at the relevant time, have been made, given, begun or done by virtue of the corresponding enactment, it shall, if effective immediately before the corresponding enactment comes into force, continue to have effect thereafter as if made, given, begun or done by virtue of that corresponding enactment.

3S—Where any enactment passed before this Act, or any instrument or document refers either expressly or by implication to an enactment repealed by this Act the reference shall (subject to its context) be construed as or as including a reference to the corresponding provision of this Act.

4S—Where any period of time specified in any enactment repealed by this Act is current at the commencement of this Act, this Act has effect as if its corresponding provision had been in force when that period began to run.

5(1)The general rule is that the provisions of this Act apply, in accordance with the foregoing paragraphs, to matters arising before the commencement of this Act as to matters arising after that commencement.S

(2)The general rule has effect subject to any express provision to the contrary, either in this Schedule or in connection with the substantive provision in question.

(3)The general rule does not mean that the provisions of this Act apply to cases to which the corresponding repealed provisions did not apply by virtue of transitional provision made in connection with the commencement of the repealed provisions (such transitional provisions, if not specifically reproduced, are saved by paragraph 8).

(4)The general rule does not apply so far as a provision of this Act gives effect to an amendment made in pursuance of a recommendation of the Scottish Law Commission.

Persons holding officeS

6S—Any person who at the commencement of this Act is holding office or acting or serving under or by virtue of any enactment repealed by this Act or by the Act of 1966 shall continue to hold his office or to act or serve as if he had been appointed under this Act.

Security of tenure of tenants of regional councils, etc.S

7S—Notwithstanding the repeal by this Act of section 16(2) and (3)(b) of the M15Tenants’ Rights, Etc (Scotland) Act 1980, those provisions shall continue to have effect for the purposes of paragraph 4 of the M16Housing (Scotland) Act 1986 (Consequential, Transitional and Supplementary Provisions) Order 1986 (application of transitional provisions relating to secure tenant’s right to written lease to tenants of regional councils, police authorities and fire authorities).

PART IIS SAVINGS

General saving for old transitional provisionsS

8S—The repeal by this Act of a provision relating to the coming into force of a provision it reproduces does not affect the operation of that provision, in so far as it is not specifically reproduced but remains capable of having effect, in relation to the corresponding provision of this Act.

General saving for old savingsS

9(1)The repeal by this Act of an enactment previously repealed subject to savings does not affect the continued operation of those savings.S

(2)The repeal by this Act of a saving made on the previous repeal of an enactment does not affect the operation of the saving in so far as it is not specifically reproduced but remains capable of having effect.

Transfers under section 14 of the Housing (Homeless Persons) Act 1977S

10(1)The repeal by this Act of section 14 of the Housing (Homeless Persons) Act 1977 (transfers of property and staff) does not affect the operation of any order previously made under that section.S

(2)The transfer of an employee in pursuance of such an order shall be treated—

F40(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)for the purposes of [F41Chapter I of Part XIV of the Employment Rights Act 1996] (continuity of employment) as occurring on the transfer of an undertaking.

Use of existing forms, etc.S

11S—Any document made, served or issued on or after this Act comes into force which contains a reference to an enactment repealed by this Act shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of this Act.

Secure tenant: reimbursement of cost of work done before 3rd October 1980S

12S—The repeal of section 24(1) of the Tenants’ Rights, Etc (Scotland) Act 1980 does not affect the operation of that section in relation to works carried out before 3rd October 1980.

Contributions under sections 106 and 121 of the Housing (Scotland) Act 1950 (c.34) and section 14 of the Housing (Scotland) Act 1962 (c.28)S

13S—Contributions remain payable by the Secretary of State under sections 106 and 121 of the Housing (Scotland) Act 1950 and section 14 of the Housing (Scotland) Act 1962 (contributions payable annually for periods of between 20 and 60 years).

Section 339.

SCHEDULE 23S MINOR AND CONSEQUENTIAL AMENDMENTS

GeneralS

F421S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2S—Any reference in any previous enactment to “tolerable standard” as defined in section 2 of the Housing (Scotland) Act 1969 or in section 14 of the Housing (Scotland) Act 1969 or in section 14 of the Housing (Scotland) Act 1974 is a reference to the tolerable standard as defined in section 86.

The Crofters Holdings (Scotland) Act 1886 (c. 29)S

3S—In the Schedule, in paragraph 1A, for the words “Part II of the Housing (Scotland) Act 1974” substitute the words “ Part I of Schedule 8 to the Housing (Scotland) Act 1987 ”.

The Sheriff Courts (Scotland) Act 1907 (c. 51)S

4S—In the Sheriff Courts (Scotland) Act 1907, after section 38 there shall be inserted the following section—

“38A Notice of termination in respect of dwelling-houses.

—Any notice of termination of tenancy or notice of removal given under section 37 or 38 above in respect of a dwelling-house, on or after 2nd December 1974, shall be in writing and shall contain such information as may be prescribed by virtue of section 112 of the Rent (Scotland) Act 1984, and Rule 112 of Schedule 1 to this Act shall no longer apply to any such notice under section 37 above.”

The Crofters (Scotland) Act 1955 (c. 21)S

5S—In Schedule 5, in paragraph 1A, for the words “Part II of the Housing (Scotland) Act 1974” substitute the words “ Part I of Schedule 8 to the Housing (Scotland) Act 1987 ”.

The Clean Air Act 1956 (c. 52)S

F436S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Coal Mining (Subsidence) Act 1957 (c. 59)S

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F458S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Pipe-lines Act 1962 (c. 58)S

9S—In section 30(2), for the words “181”, “1966” and “Part III” substitute the words “ 127 ”, “ 1987 ” and “ Part VI ” respectively.

The Land Compensation (Scotland) Act 1963 (c. 51)S

10(1)In section 15(7), for paragraph (d) substitute the following paragraph—S

“(d)paragraph 4 of Schedule 1 to the Housing (Scotland) Act 1987.”.

(2)For Schedule 2 (acquisition of houses as being unfit for human habitation), substitute the following Schedule—

“SCHEDULE 2S ACQUISITION OF HOUSES WHICH DO NOT MEET THE TOLERABLE STANDARD

Acquisitions to which this Schedule appliesS

1(1)This Schedule applies to a compulsory acquisition of a description mentioned in sub-paragraph (2) where the land in question comprises a house which, in the opinion of the appropriate local authority does not meet the tolerable standard.

(2)The compulsory acquisitions referred to are—

(a)an acquisition under Part VI of the Town and Country Planning (Scotland) Act 1972, or

(b)an acquisition under section 13 of the Housing and Town Development (Scotland) Act 1957, or

(c)an acquisition in pursuance of Part IX of the Town and Country Planning (Scotland) Act 1972, or

(d)an acquisition of land within the area designated by an order under section 1 of the New Towns (Scotland) Act 1968 as the site of a new town, or

(e)an acquisition by a development corporation or a local roads authority or the Secretary of State under the New Towns (Scotland) Act 1968 or under any enactment as applied by any provision of that Act, or

(f)an acquisition by means of an order under section 141 of the Local Government, Planning and Land Act 1980 vesting land in an urban development corporation; or

(g)an acquisition by such a corporation under section 142 of that Act.

ProcedureS

2(1)The local authority may make and submit to the Secretary of State an order, in such form as may be prescribed by regulations made under section 330 of the Housing (Scotland) Act 1987, declaring that the house does not meet the tolerable standard and if—

(a)that order is confirmed by the Secretary of State, either before or concurrently with the confirmation of a compulsory purchase order for the acquisition of the land, or

(b)in a case where the acquisition is in pursuance of a notice to treat deemed to have been served in consequence of the service of a notice under section 170 of the Town and Country Planning (Scotland) Act 1972 or the provisions of that section as applied by or under any other enactment or in consequence of the service of a notice under section 11 of the New Towns (Scotland) Act 1968 or under section 182 of the Town and Country Planning (Scotland) Act 1972, the order is made before the date on which the notice to treat is deemed to have been served and is subsequently confirmed by the Secretary of State,

section 305 and paragraph 12(2) and (3) of Schedule 8 to the Housing (Scotland) Act 1987 (which relate respectively to payments in respect of certain well-maintained houses under Part XV and to compensation for compulsory acquisition under Part IV of the Housing (Scotland) Act 1987) shall apply as if the house had been purchased under Part IV as not meeting the tolerable standard, and as if any reference in that section and paragraph to the local authority were a reference to the acquiring authority.

(2)Before submitting to the Secretary of State an order under this paragraph, the local authority by whom the order was made shall serve on every owner, and (so far as it is reasonably practicable to ascertain such persons) on the superior of, and the holder of every heritable security over, the land or any part thereof, a notice in such form as may be prescribed as mentioned in the last preceding sub-paragraph, stating the effect of the order and that it is about to be submitted to the Secretary of State for confirmation, and specifying the time within which, and the manner in which, objection thereto can be made.

(3)If no objection is duly made by any of the persons on whom notices are required to be served, or if all objections so made are withdrawn, the Secretary of State may, if he thinks fit, confirm the order; but in any other case he shall, before confirming the order, consider any objection not withdrawn, and shall, if either the person by whom the objection was made or the local authority so desires, afford to that person and the authority an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(4)Section 86 of the Housing (Scotland) Act 1987 shall have effect in determining for the purposes of this paragraph whether a house meets the tolerable standard as it has effect in so determining for the purposes of that Act.

(5)In this paragraph “appropriate local authority” means a local authority who, in relation to the area in which the land in question is situated, are a local authority for the purposes of the provisions of Part IV of the Housing (Scotland) Act 1987 relating to housing action areas; and “owner,” in relation to any land, includes any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking and includes also a lessee under a lease the unexpired period of which exceeds three years.

Amount of compensationS

3(1)Where in relation to a compulsory acquisition, section 120(2) to (4) or paragraph 12(2) and (3) of Schedule 8 to the Housing (Scotland) Act 1987 (which relate respectively to the compensation to be paid on the compulsory acquisition of closed houses, and of houses not meeting the tolerable standard) apply (whether by virtue of that Act or of an order under paragraph 2 of this Schedule) and—

(a)the relevant land consists of or includes the whole or part of a house (in this paragraph referred to as “the relevant house”) and, on the date of the making of the compulsory purchase order in pursuance of which the acquisition is effected, the person then entitled to the relevant interest was, in right of that interest, in occupation of the relevant house or part thereof as a private dwelling, and

(b)that person either continues, on the date of service of the notice to treat, to be entitled to the relevant interest, or, if he has died before that date, continued to be entitled to that interest immediately before his death,

the following provisions of this paragraph shall apply in relation to the acquisition; and in those provisions “the dwelling” means so much of the relevant house as the said person occupied as aforesaid.

(2)Subject to the next following sub-paragraph, the amount of the compensation payable in respect of the acquisition of the relevant interest shall not in any event be less than the gross annual value of the dwelling.

(3)Where a payment falls to be made under section 304 or 305 of the Housing (Scotland) Act 1987 to the person entitled to the relevant interest, and that payment is attributable to the relevant house, any reference in the last preceding sub-paragraph to the amount of the compensation payable in respect of the acquisition of the relevant interest shall be construed as a reference to the aggregate of that amount and of the amount of the payment.

(4)For the purposes of this paragraph the gross annual value of the dwelling shall be determined as follows—

(a)if the dwelling constitutes the whole of the relevant house, the gross annual value of the dwelling shall be taken to be the value which, on the date of service of the notice to treat, is shown in the valuation roll then in force as the gross annual value of that house for rating purposes;

(b)if the dwelling is only part of the relevant house, an apportionment shall be made of the gross annual value of the relevant house for rating purposes, as shown in the valuation roll in force on the date of service of the notice to treat, and the gross annual value of the dwelling shall be taken to be the amount which, on such an apportionment, is properly attributable to the dwelling.

(5)Any reference in this paragraph to the compensation payable in respect of the acquisition of the relevant interest shall be construed as excluding so much (if any) of that compensation as is attributable to disturbance or to severance or injurious affection.

(6)Nothing in this paragraph shall affect the amount which is to be taken for the purposes of section 20 of this Act (which relates to the consideration payable for the discharge of land from feu-duty and incumbrances) as the amount of the compensation payable in respect of the acquisition of the relevant interest.

(7)In the application of this paragraph to any lands and heritages whose net annual value is ascertained under subsection (8) of section 6 of the Valuation and Rating (Scotland) Act 1956 (and for which there is therefore no gross annual value shown in the valuation roll)—

(a)in sub-paragraph (2) above, for the word “gross” there shall be substituted the words “ 1.25 times the net ”; and

(b)in sub-paragraph (4) above, for the word “gross”, wherever it occurs, there shall be substituted the word “ net ”.

InterpretationS

4—This Schedule shall be construed as one with Parts IV and XV of the Housing (Scotland) Act 1987.”.

The Local Government (Scotland) Act 1966 (c.51)S

11S—In section 46(1) (general interpretation), in the definition of “housing revenue account”, for the words “23 of the Housing (Financial Provisions) (Scotland) Act 1972”, substitute the words “ 203 of the Housing (Scotland) Act 1987 ”.

The National Loans Act 1968 (c.13)S

12S—In Schedule 4, for the words “78” and “1950” substitute the words “ 231 ” and “ 1987 ” respectively.

The New Towns (Scotland) Act 1968 (c.16)S

13(1)In section 6, subsection (6) shall cease to have effect.S

(2)After section 38A of the New Towns (Scotland) Act 1968 (as inserted by section 4(2) of the Statutory Corporations (Financial Provisions) Act 1974) there shall be inserted the following section—

“38B Disposal of surplus funds of development corporations.

(1)Where it appears to the Secretary of State, after consultation with the Treasury and the development corporation, that a development corporation have a surplus, whether on capital or on revenue account, after making allowance by way of transfer to reserve or otherwise for their future requirements, the development corporation shall, if the Secretary of State after such consultation as aforesaid so directs, pay to the Secretary of State such sum not exceeding the amount of that surplus as may be specified in the direction; and any sum received by the Secretary of State under this section shall, subject to subsection (3) of this section, be paid into the Consolidated Fund.

(2)The whole or part of any payment made to the Secretary of State by a development corporation under subsection (1) above shall, if the Secretary of State with the approval of the Treasury so determines, be treated as made by way of repayment of such part of the principal of advances under section 37(1) of this Act, and as made in respect of the repayments due at such times, as may be so determined.

(3)Any sum treated under subsection (2) above as a repayment of a loan shall be paid by the Secretary of State into the National Loans Fund.”

The Clean Air Act 1968 (c.62)S

F4614S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Post Office Act 1969 (c.48)S

15S—In Schedule 4—

(a)in paragraph 83(1), for “II of the Housing (Scotland) Act 1974” substitute “ IV of the Housing (Scotland) Act 1987 ”;

(b)in paragraph 83(2), for “section 33 of the Housing (Scotland) Act 1974”, substitute “ paragraph 9 of Schedule 8 to the Housing (Scotland) Act 1987 ”;

(c)in paragraph 83(3), for “33(4) of the Housing (Scotland) Act 1974” substitute “ paragraph 9(4) of Schedule 8 to the Housing (Scotland) Act 1987 ”;

(d)in paragraph 88(3), for “208 of the Housing (Scotland) Act 1966” substitute “ section 338 of the Housing (Scotland) Act 1987 ”.

The Local Authority Social Services Act 1970 (c.42)S

16S—In Schedule 1, at the end insert in column 1 the words “Housing (Scotland) Act 1987 (c. 26) Section 38(b)” and in column 2 the words “Co-operation in relation to homeless persons and persons threatened with homelessness.”.

The Chronically Sick and Disabled Persons Act 1970 (c.44)S

17S—In section 3(2), for the words “VII”, “1966” and “137” substitute the words “ I ”, “ 1987 ” and “ 1 ” respectively.

The Town and Country Planning (Scotland) Act 1972 (c.52)S

F4718S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Land Compensation (Scotland) Act 1973 (c.56)S

19(1)In section 27(1)(f), for the words “15(2) of the Tenants’ Rights, Etc (Scotland) Act 1980” and “2” substitute the words “ 48(2) of the Housing (Scotland) Act 1987 ” and “ 3 ” respectively.S

(2)In section 27(7)—

(a)in paragraph (a), for the words “II”, “1966”, “14A of the Housing (Scotland) Act 1974” substitute the words “ VI ”, “ 1987 ”, “ 88 of that Act ” respectively;

(b)in paragraph (b), for the words “56” substitute the words “ 125 ”; and omit the words “of 1966”;

(c)in paragraph (c), for the words “15(4)(i)” substitute the words “ 117(2)(a) ”; and omit the words “of 1966”;

(d)in paragraph (d), for the words “II of the Housing (Scotland) Act 1974” substitute the words “ I of Schedule 8 to that Act ”.

(3)In section 29(7AA), for the words “14 of the Tenants’ Rights, Etc. (Scotland) Act 1980” and “2” substitute the words “ 47 and 48(2) of the Housing (Scotland) Act 1987 ” and “ 3 ” respectively.

(4)In section 34(2), for the words from “section 20” to the end substitute the words “ section 121 and paragraph 12 of Schedule 8 to the Housing (Scotland) Act 1987 and “owner occupier’s supplement” means a payment under sections 308 to 311 of that Act. ”.

(5)In section 36—

(a)in subsection (4)(b), after the words “1968” insert the words “ or section 214 of the Housing (Scotland) Act 1987 ”;

(b)in subsection (7), for the words “VII” and “1966” substitute the words “ I ” and “ 1987 ” respectively.

(6)In section 38(6), for the words “1974” and “14” substitute the words “ 1987 ” and “ 86 ”.

(7)In section 39—

(a)in subsections 1(b) and 2(a), (b), for the words “VII” and “1966” substitute the words “ I ” and “ 1987 ” respectively;

(b)in subsection (6), for the words “(Financial Provisions) (Scotland) Act 1972” substitute the words “ (Scotland) Act 1987 ”.

(8)In section 53(3), for the words “114”, “1966” and “VII” substitute the words “ 11 ”, “ 1987 ” and “ I ” respectively.

F48(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F48(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)In section 80—

(a)in the definition of “housing association” for the words “section 208(1) of the Housing (Scotland) Act 1966” substitute the words “ the Housing Associations Act 1985 ”;

(b)in the definition of “registered”, for the words from “in the register” to the end substitute the words “ under the Housing Associations Act 1985 ”.

The Local Government (Scotland) Act 1973 (c.65)S

20(1)In section 130—S

(a)in subsection (1), for the words “Acts 1966 to 1973” substitute the words “ Act 1987 ”;

(b)in subsection (2), for the words “VII” and “1966” substitute the words “ I ” and “ 1987 ”.

(2)In section 131, subsection (2) shall cease to have effect.

(3)In section 236(2)(d), for the words “Acts 1966 to 1973” substitute the words “ Act 1987 ”.

(4)In Schedule 9, paragraph 73 shall cease to have effect.

(5)In Schedule 12, paragraphs 1, 2, 5, 6 to 19 and 21 to 24 shall cease to have effect.

Consumer Credit Act 1974 (c.37)S

21S—In section 16(1)(ff), for the words “2 of the 1978 Act or section 31 of the 1980 Act” substitute the words “ 223 or 229 of the Housing (Scotland) Act 1987 ”.

Land Tenure Reform (Scotland) Act 1974 (c.38)S

22S—In section 8(7), for the words “Tenants’ Rights, Etc (Scotland) Act 1980” substitute the words “ Housing (Scotland) Act 1987 ”.

Local Government (Scotland) Act 1975 (c.30)S

F4923S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The National Health Service (Scotland) Act 1978 (c.29)S

24S—In section 100(1)—

(a)in paragraph (a), for the words “1966” substitute the words “ 1987 ”;

(b)for paragraph (b) substitute the following paragraphs—

“(b)the Scottish Special Housing Association;

(c)a Housing Association or Housing Trust within the meaning of the Housing Associations Act 1985.”;

(c)in paragraph (c), for the word “(c)” substitute the word “ (d) ”.

The Local Government, Planning and Land Act 1980 (c.65)S

25(1)In section 152(1)(c), for the words “1 of the Homes Insulation Act 1978” substitute the words “ 252 of the Housing (Scotland) Act 1987 ”;S

(2)In section 153(1)(a), for the words “Housing (Scotland) Acts 1966 to 1978 and the Tenants’ Rights, Etc (Scotland) Act 1980” substitute the words “ Housing Associations Act 1985 and the Housing (Scotland) Act 1987 ”;

(3)In section 156(4), for the words “Parts I, II and III of the Tenants’ Rights, Etc. (Scotland) Act 1980” substitute the words “ Part III of the Housing (Scotland) Act 1987 ”.

The Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c.59)S

26S—In section 13(11), for the words “the Tenants’ Rights, Etc (Scotland) Act 1980” substitute the words “ Part III of the Housing (Scotland) Act 1987 ”.

The Local Government and Planning (Scotland) Act 1982 (c.43)S

27S—In section 24(2), for the words “32(1)(b) of the Housing (Financial Provisions) (Scotland) Act 1972” substitute the words “ 211(1)(b) of the Housing (Scotland) Act 1987 ”.

The Civic Government (Scotland) Act 1982 (c.45)S

28(1)In section 87(5), for the words “Part II of the Housing (Scotland) Act 1969” and “24(1) of the Housing (Scotland) Act 1969” substitute the words “ Part V of the Housing (Scotland) Act 1987 ” and “ 108 of that Act ” respectively.S

(2)In section 108(2), for the words “2 to the Housing (Scotland) Act 1969” substitute the words “ 9 to the Housing (Scotland) Act 1987 ”.

The Rent (Scotland) Act 1984 (c.58)S

29(1)In section 5(5), for the words “5 of the Housing Rents and Subsidies (Scotland) Act 1975” substitute the words “ 22 of the Housing (Scotland) Act 1987 ”.S

(2)In section 6(8), for the words “208(1) of the Housing (Scotland) Act 1966” substitute the words “ 338 of the Housing (Scotland) Act 1987 ”.

(3)In section 59, for the words “Subsections (1), (2) and (4) of section 62 of the Housing (Scotland) Act 1969” substitute the words “ Sections 212 and 213 of the Housing (Scotland) Act 1987 ”; and the words from “except that” to the end shall cease to have effect.

(4)In section 63(4)—

(a)in paragraph (f), for the words “5 of the Housing Rents and Subsidies (Scotland) Act 1975” substitute the words “ 22 of the Housing (Scotland) Act 1987 ”;

(b)in paragraph (g), the words from “or any” to the end shall cease to have effect.

(5)In section 66(1), for the words “23 of the Housing (Financial Provisions) (Scotland) Act 1972” substitute the words “ 203 of the Housing (Scotland) Act 1987 ”.

(6)In section 101(2) and (3), for the words “4 to the Tenants’ Rights, Etc (Scotland) Act 1980” substitute the words “ 5 to the Housing (Scotland) Act 1987 ”.

(7)In section 106—

(a)in subsection (1), after the words “1974” insert the words “ or Part XIII of the Housing (Scotland) Act 1987 ”;

(b)in subsection (2), after the words “1974” insert the words “ or section 241(2) of the Act of 1987 ”.

(c)in subsection (5), for the words “39(1) of the said Act of 1968” and “2 of the Housing (Scotland) Act 1969” substitute the words “ 86 of the Act of 1987 ” and “ 240 of that Act ” respectively.

(8)In Schedule 2, Part IV—

(a)in paragraph 4, for the words “89” and “ 1966 ” substitute the words “ 135 ” and “ 1987 ” respectively;

(b)in paragraph 6, for the words “VII” and “1966” substitute the words “ I ” and “ 1987 ”.

The Housing Act 1985 (c.68)S

30F50(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

(2)In section 187, in the definition of “long tenancy”, paragraph (b) shall cease to have effect.

(3)In section 458, in the definition of “the corresponding Scottish provisions” for the words from “the Home” to the end substitute the words “ sections 222 to 228 of the Housing (Scotland) Act 1987 ”.

(4)In Schedule 4, in paragraph 7(2)—

(a)in the definition of “housing association”, for the words “paragraph (e) of section 10(2) of the Tenants’ Rights, Etc. (Scotland) Act 1980” and “11” substitute the words “ section 61(2)(a)(vi) of the Housing (Scotland) Act 1987 ” and “ 45 ” respectively;

(b)in the definition of “housing co-operative”, for the words “5 of the Housing Rents and Subsidies (Scotland) Act 1975” substitute the words “ 22 of the said Act of 1987 ”.

The Housing Associations Act 1985 (c.69)S

31(1)In section 8(1), for the words “Part I of the Tenants’ Rights, Etc. (Scotland) Act 1980” substitute the words “ Part III of the Housing (Scotland) Act 1987 ”.S

(2)In section 10(2)(b), for the words “paragraphs 2 to 7 of Schedule 1 to the Tenants’ Rights, Etc. (Scotland) Act 1980” substitute the words “ paragraphs 1 to 8 of Schedule 2 to the Housing (Scotland) Act 1987 ”.

(3)In section 39, in the definition of “secure tenancy” for the words “10 of the Tenants’ Rights, Etc. (Scotland) Act 1980” substitute the words “ 44 of the Housing (Scotland) Act 1987 ”.

(4)In section 44(1)(b), for the words “1 of the Tenants’ Rights, Etc. (Scotland) Act 1980” substitute the words “ 65 of the Housing (Scotland) Act 1987 ”.

(5)In section 45—

(a)in subsection (2)(b), for the words “(11)(e) of section 1 of the Tenants’ Rights, Etc. (Scotland) Act 1980” substitute the words “ (4)(d) and (e) of section 61 of the Housing (Scotland) Act 1987 ”;

(b)in subsection (5), for the words “6 of the Tenants’ Rights, Etc. (Scotland) Act 1980” substitute the words “ 72 of the Housing (Scotland) Act 1987 ”.

(6)In section 52(1)(f), for the words “6 of the Tenants’ Rights, Etc. (Scotland) Act 1980” substitute the words “ 72 of the Housing (Scotland) Act 1987 ”.

(7)In section 59, at the end add the following subsection—

“(5)Sections 6, 15, 320 and 329 of the Housing (Scotland) Act 1987 (general provisions with respect to housing functions of local authorities etc.) apply in relation to this section and section 61, as they apply in relation to the provisions of that Act.”

(8)In section 69A(b), for the words “5 of the Housing Rents and Subsidies (Scotland) Act 1975” substitute the words “ 22 of the Housing (Scotland) Act 1987 ”.

(9)In section 88(5), for the words “175(2) of the Housing (Scotland) Act 1966” substitute the words “ 23 of the Housing (Scotland) Act 1987 ”.

Airports Act 1986 (c.31)S

32S—In Schedule 2, paragraph 4, for the words “56” and “1966” substitute the words “ 125 ” and “ 1987 ”.

Section 339.

SCHEDULE 24S REPEALS

TABLE OF DERIVATIONS

1SThe following abbreviations are used in this Table:

2SThe Table does not show the effect of Transfer of Functions Orders.

3SThe letter R followed by a number indicates that the provision gives effect to the Recommendation bearing that number in the Scottish Law Commission’s Report on the Consolidation of the Housing Acts for Scotland (Cmnd. 104).

4SThe entry “drafting” indicates a provision of a mechanical or editorial nature affecting the arrangement of the consolidation; for instance a provision introducing a Schedule.