HL Deb 24 April 1975 vol 359 cc1027-30

The Housing (Scotland) Act 1966

1. Section 195 (default powers of Secretary of State in relation to rents) shall cease to have effect.

The Housing (Financial Provisions) (Scotland) Act 1968

2. In section 58 (power of Secretary of State to reduce, suspend or discontinue housing subsidies), at the end of paragraph (aa) of subsection (3), as inserted by section 73 of the Housing (Financial Provisions) (Scotland) Act 1972 there shall be added the words "or under the Housing Rents and Subsidies (Scotland) Act 1975".

The Housing (Scotland) Act 1969

3. In section 62 (increase of rents of houses belonging to certain authorities without notice of removal)—

(1) For existing subsections (1) and (2) there shall be substituted the following subsections—

"(1) Subject to subsections (2) and (3) of this section, where a house belonging to an authority to which this section applies is let for any period, it shall be an implied term of the tenancy that the rent payable to the authority under the tenancy may, without the tenancy being terminated, be increased with effect from any day of the tenancy by a written notice of increase given by the authority to the tenant not less than four weeks before that day.

(2) Where an authority to which this section applies gives under subsection (1) of this section a notice of increase which is to be operative as from any day and the tenancy continues beyond that day, it shall be an implied term of the tenancy that the notice shall nevertheless not have effect if the tenancy is terminated by a notice of removal given by the tenant, and—

  1. (a) the notice of removal is given before the end of the period of two weeks following the date on which the notice of increase is given, or such longer period as may be 1028 allowed by the notice of increase; and
  2. (b) the date on which the tenancy is made to terminate is not later than 4 weeks after the date on which the notice of removal is given;
and the tenant shall be entitled to give a notice of removal in conformity with paragraphs (a) and (b) above notwithstanding the provisions express or implied of the tenancy.".

(2) In subsection (6), for the words "section 379(1) of the Local Government (Scotland) Act 1947" there shall be substituted the words" section 235(1) of the Local Government (Scotland) Act 1973.".

The Rent (Scotland) Act 1971

4. In section 5 (cases excluded from protected or statutory tenancies), after subsection (5) the following subsection shall be inserted:—

" (5A) A tenancy shall not be a protected tenancy at any time when the interest of the landlord under the tenancy belongs to a housing co-operative, as defined in section (agreements for exercise by housing co-operatives of local authority housing functions) of the Housing Rents and Subsidies (Scotland) Act 1975 (agreements for exercise by housing co-operatives of local authority housing functions) and the dwelling-house is comprised in an agreement to which that section applies or in a similar agreement between the co-operative and the Scottish Special Housing Association.".

5. In section 48 (rent limit for controlled tenancies), after "this Part of this Act" there shall be inserted the words" or of section 8 of the Housing Rents and Subsidies (Scotland) Act 1975".

The Housing (Financial Provisions) (Scotland) Act 1972

6. In section 16 (rent allowances), after subsection (5) the following subsection shall be inserted:— (5A) A person is also a private tenant if he occupies a house let to him by a housing co-operative, as defined in section (agreements for exercise by housing co-operatives of local authority housing functions) of the Housing Rents and Subsidies (Scotland) Act 1975 (agreements for exercise by housing co-operatives of local authority housing functions) and his tenancy would be a protected tenancy but for section 5(5A) of the Rent (Scotland) Act 1971.".

7. In section 78(3) (houses to which the housing revenue account relates), after the word "accommodation" there shall be inserted the words "(including houses subject to an agreement between a local authority and a housing co-operative under section (agreements for exercise by housing co-operatives of local authority housing functions) of the Housing Rents and Subsidies (Scotland) Act 1975) ".

8. In Schedule 2 (computation of rent rebates and allowances), after paragraph 17, as amended by section 12(5) of the Rent Act 1974 (computation of allowances where tenant is student in receipt of award or grant), there shall be added the following paragraph—

" Extension of paragraph 17(3) to (5) to rebates

17A. The provisions of paragraph 17(3) to (5) above shall apply for the purpose of computing the amount of a rebate as they apply for the purpose of computing the amount of an allowance."

The Land Compensation (Scotland) Act 1973

9. In section 27 (right to home loss payments where person displaced from dwelling)—

  1. (1)For paragraph (d) of subsection (1) there shall be substituted the following paragraph—
  2. (2) At the end of subsection (2) there shall be added (but not as part of paragraph (b)) the words" and in a case within subsection (1)(d) above, unless the displacement occurred on or after 31st July 1974 (on which date the Housing Act 1974 was passed).".
  3. (3) At the beginning of subsection (9) there shall be inserted the words "Subject to subsection (2) above,".

10. In section 34 (disturbance payments for persons without compensatable interests)—

  1. (1) For paragraph (d) of subsection (1) there shall be substituted the following paragraph—
  2. (2) At the end of subsection (2)(c) there shall bo added the following paragraph—
  3. (3) At the beginning of subsection (9) there shall be inserted the words "Subject to subsection (2)(d) above,".

11. In section 80(1) (general interpretation) the following definitions shall be inserted in the appropriate places— housing association" has the meaning assigned to it by section 208(1) of the Housing (Scotland) Act 1966; registered", in relation to a housing association, means registered in the register of housing associations established under section 13 of the Housing Act 1974;

The Housing Act 1974

12. In subsection 5(a) of section 7 (borrowing powers of Housing Corporation), for the words "the day appointed for the coming into operation of this Part of this Act", there shall be substituted the words "18th September 1974 (on which date the said section 9 was repealed)".

13. In section 17 of the Housing Act 1974 (loans and grants limited to registered housing associations), at the end there shall be added the following subsection— (5) Nothing in subsection (1)(b) above shall prevent a local authority from making loans under section 152(2)(a) of the Housing (Scotland) Act 1966 to an unregistered selfbuilt society, as defined in section 12 above, for the purpose of enabling it to meet the whole or any part of any expenditure incurred or to be incurred by it in carrying out its objects.".

14. In section 119(3) of the Housing Act 1974 (option mortgages), for the word "section", in the second place where it occurs, (here shall be substituted the word "subsection".

15. Sections 109 to 116 of the Housing Act 1974 and Schedule 10 thereto shall cease to have effect as respects Scotland.

16. After section 116 of the Housing Act 1974 there shall be added the following section— Provisions for Scotland in place of sections 110 to 116 and Schedule 10.

116A. —(1) Schedule 10A to this Act shall have effect for the purpose of making provision for Scotland in relation to the matters dealt with in sections 110 to 112 and 114 to 116 of this Act and Schedule 10 thereto.

(2) This section shall come into operation on 16th May 1975.".

17. In section 131 of the Housing Act 1974 (short title, extent, etc.), in subsection (5), after "108" there shall be inserted "110 to 116", and in subsection (6). for the words "Section 107 of this Act extends "there shall be substituted the words "Sections 107 and 116A of this Act extend ".

18. After Schedule 10 to the Housing Act 1974 there shall be inserted the following Schedule—

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