Acts of the Scottish Parliament

2001 asp 10

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 13th June 2001 and received Royal Assent on 18th July 2001

An Act of the Scottish Parliament to make provision about housing, including provision about homelessness and the allocation of housing accommodation by social landlords, the tenants of social landlords, the regulation of social landlords, Scottish Homes, the strategic housing functions of the Scottish Ministers and local authorities and grants for improvement and repairs; and for connected purposes.

(a) carry out an assessment of homelessness in its area, and

(b) prepare and submit to the Scottish Ministers a strategy for preventing and alleviating homelessness in its area (a "homelessness strategy").

(a) the particular matters to be assessed under subsection (1)(a),

(b) the time by which the strategy is to be submitted to the Scottish Ministers,

(c) the form of the strategy and the matters which it is to include,

(d) the period to which the strategy is to relate.

(a) may, from time to time, and

(b) must, if required to do so by the Scottish Ministers,

(a) homelessness and the prevention of homelessness, and

(b) any services which may assist a homeless person or assist in the prevention of homelessness,

(a) in subsection (1), for "Scotland, or England or Wales" substitute "the United Kingdom or elsewhere",

(b) in subsection (3), after paragraph (d) insert "; or

(c) in subsection (4), for "28 days" substitute "2 months",

(d) after subsection (4) insert-

(a) in subsection (2), after "secure that" insert "permanent",

(b) in subsection (3)-

(i) for the words from "Where" to "intentionally" substitute "In any other case",

(ii) in paragraph (b), for the words from "such" to "circumstances" substitute "assistance of such type as may be prescribed",

(c) subsection (4) is repealed,

(d) at the end insert-

(a) in subsection (3)-

(i) for the words from "Where" to "intentionally" substitute "In any other case",

(ii) for the words from "such" to "circumstances" substitute "assistance of such type as may be prescribed",

(b) in subsection (5)-

(i) after "accommodation" insert "(a)",

(ii) at the end insert-

(c) after subsection (5) insert-

(a) in subsection (2), after "that" in the second and fourth places where it occurs insert "permanent",

(b) in subsection (3)(a), after "that" insert "permanent",

(c) after subsection (4) insert-

(a) after "occupation" insert "(a)",

(b) at the end insert-

(a) after subsection (3) insert-

(b) in subsection (4), for "subsection (3)" substitute "this section".

(a) where paragraph 1 or 2 of schedule 6 is satisfied, secured by a short Scottish secure tenancy,

(b) in that or any other case, secured by a Scottish secure tenancy.

(a) for the purposes of subsection (3)-

(i) a reasonable period,

(ii) a good reason,

(b) for the purposes of subsection (6), a reasonable request.

(a) such associations representing local authorities,

(b) such associations representing registered social landlords, and

(c) such other persons,

(a) a registered social landlord does not, within a reasonable period, comply with a request made by a local authority under section 5,

(b) the local authority considers, having regard to any guidance issued under subsection (7) of that section, that the landlord had no good reason for not complying with the request, and

(c) the local authority and the landlord are unable, within such period as the Scottish Ministers may specify by order, to reach agreement as to whether there is such a good reason,

(a) the period within which an arbiter is to be appointed under subsection (1),

(b) the procedure for appointing an arbiter under that subsection,

(c) the remuneration and other expenses which may be paid to an arbiter appointed under subsection (1) or (3), and any other expenses which may be paid in respect of arbitration,

(d) the procedure to be followed at arbitration,

(e) the maximum length of time of the arbitration procedure.

(a) as heritable proprietor,

(b) secured by-

(i) a Scottish secure tenancy or what would be a Scottish secure tenancy but for paragraph 1, 2 or 8 of schedule 1,

(ii) a short Scottish secure tenancy,

(iii) an assured tenancy or what would be an assured tenancy but for paragraph 8 of Schedule 4 to the 1988 Act,

(iv) a short assured tenancy.

(a) such associations representing local authorities,

(b) such associations representing registered social landlords, and

(c) such other persons,

(a) the time by which proposals under subsection (1) are to be submitted to the Scottish Ministers,

(b) the form of such proposals and the matters which they are to include,

(c) consultation on such proposals,

(d) the procedure for approval of such proposals by the Scottish Ministers,

(e) the procedure for implementing such proposals .

(a) after "authority" insert "and a registered social landlord",

(b) for paragraph (b) substitute-

(a) for "local authority" in the first place where it occurs substitute "such",

(b) after "authority" in the second place where it occurs insert "and a registered social landlord",

(c) in paragraph (a), for sub-paragraph (iii) substitute-

(d) after paragraph (a) insert-

(a) the house is let as a separate dwelling,

(b) the landlord is-

(i) a local authority landlord,

(ii) a registered social landlord, or

(iii) a water authority or sewerage authority,

specified, or of a description specified, in an order made by the Scottish Ministers,

(c) the tenant is an individual and the house is the tenant's only or principal home,

(d) where the landlord is a registered social landlord which is a co-operative housing association, the tenant is a member of the association, and

(e) the tenancy-

(i) was created on or after such date as the order may specify in relation to the landlord, or

(ii) was created before that date and is of a description specified in the order in relation to the landlord.

(a) the house which a tenant under a Scottish secure tenancy normally occupies is not available for occupation, and

(b) the tenant is accommodated temporarily in another house the landlord of which is a local authority landlord or a registered social landlord,

(a) by an order for recovery of possession under section 16(2),

(b) by operation of section 18(2),

(c) by operation of section 22,

(d) by operation of section 35,

(e) by written agreement between the landlord and the tenant, or

(f) by 4 weeks' notice given by the tenant to the landlord.

(a) the house which a tenant under a Scottish secure tenancy normally occupies is not available for occupation, and

(b) the tenant is-

(i) by agreement, or

(ii) following an order under section 16(2) (where an order has also been made under subsection (6) of that section),

accommodated temporarily in another house the landlord of which is a landlord mentioned in section 11(1)(b).

(a) the landlord has served on the tenant and any qualifying occupier a notice complying with subsection (4),

(b) the proceedings are raised on or after the date specified in the notice, and

(c) the notice is in force at the time when the proceedings are raised.

(a) the ground, being a ground set out in Part 1 of schedule 2, on which proceedings for recovery of possession are to be raised, and

(b) a date, not earlier than-

(i) 4 weeks from the date of service of the notice, or

(ii) the date on which the tenancy could have been brought to an end by a notice to quit had it not been a Scottish secure tenancy,

whichever is later, on or after which the landlord may raise proceedings for recovery of possession.

(a) a member of the tenant's family aged at least 16 years,

(b) a person to whom the tenant has, with the landlord's consent under section 32(1), assigned, sublet or otherwise given up possession of the house or any part of it, or

(c) a person whom the tenant has, with such consent, taken in as a lodger.

(a) that-

(i) the landlord has a ground for recovery of possession set out in any of paragraphs 1 to 7 of that schedule and specified in the notice required by section 14, and

(ii) it is reasonable to make the order,

(b) that-

(i) the landlord has a ground for recovery of possession set out in any of paragraphs 8 to 14 of that schedule and so specified, and

(ii) other suitable accommodation will be available for the tenant when the order takes effect, or

(c) that-

(i) the landlord has a ground for recovery of possession set out in paragraph 15 of that schedule and so specified,

(ii) it is reasonable to make the order, and

(iii) other suitable accommodation will be available for the tenant when the order takes effect.

(a) the nature, frequency and duration of-

(i) where the ground for recovery of possession is one set out in any of paragraphs 1 and 3 to 7 of schedule 2, the conduct taken into account by the court in concluding that the ground is established,

(ii) where the ground for recovery of possession is that set out in paragraph 2 of that schedule, the conduct in respect of which the person in question was convicted,

(b) the extent to which that conduct is or was conduct of, or a consequence of acts or omissions of, persons other than the tenant,

(c) the effect which that conduct has had, is having and is likely to have on any person other than the tenant, and

(d) any action taken by the landlord, before raising the proceedings, with a view to securing the cessation of that conduct.

(a) terminating the tenancy, and

(b) giving the landlord the right to recover possession of the house,

(a) substantial work will be carried out on the building (or a part of the building) which comprises or includes the house, and

(b) the tenant should return to the house after the work is completed,

(a) the house is unoccupied, and

(b) the tenant does not intend to occupy it as the tenant's home.

(a) stating that the landlord has reason to believe that the house is unoccupied and that the tenant does not intend to occupy it as the tenant's home,

(b) requiring the tenant to inform the landlord in writing within 4 weeks of service of the notice if the tenant intends to occupy the house as the tenant's home, and

(c) informing the tenant that, if it appears to the landlord at the end of that period that the tenant does not intend so to occupy the house, the tenancy will be terminated with immediate effect.

(a) the landlord has-

(i) served on the tenant a notice complying with subsection (1), and

(ii) made such inquiries as may be necessary to satisfy the landlord that the house is unoccupied and that the tenant does not intend to occupy it as the tenant's home, and

(b) at the end of the period mentioned in subsection (1)(b) the landlord is so satisfied,

(a) for requiring charges to be paid in respect of such property before it is delivered to the tenant, and

(b) for authorising the disposal of such property, if the tenant has not arranged for its delivery to the tenant before the expiry of such period as the order may specify, and the application of any proceeds towards any costs incurred by the landlord and any rent due but unpaid by the tenant to the landlord.

(a) has failed to comply with any provision of section 18,

(b) did not have reasonable grounds for finding-

(i) that the house was unoccupied, or

(ii) that the tenant did not intend to occupy it as the tenant's home, or

(c) was in error in finding that the tenant did not intend to occupy the house as the tenant's home, and the tenant had reasonable cause, by reason of illness or otherwise, for failing to notify the landlord of the tenant's intention so to occupy it.

(a) if the house has not been let to a new tenant, grant a declarator that the notice under section 18(2) is of no effect, or

(b) in any other case, direct the landlord to make other suitable accommodation available to the tenant.

(a) is not occupying the house, and

(b) does not intend to occupy it as the tenant's home.

(a) stating that the landlord has reason to believe that the abandoning tenant is not occupying the house and does not intend to occupy it as the tenant's home,

(b) requiring the abandoning tenant to inform the landlord in writing within 4 weeks of service of the notice if the abandoning tenant intends to occupy the house as the tenant's home, and

(c) informing the abandoning tenant that, if it appears to the landlord at the end of that period that the abandoning tenant does not intend so to occupy the house, the abandoning tenant's interest in the tenancy will be brought to an end by the service of a notice under subsection (3).

(a) the landlord has-

(i) served on the abandoning tenant a notice complying with subsection (2), and

(ii) made such inquiries as may be necessary to satisfy the landlord that the abandoning tenant is not occupying the house and does not intend to occupy it as the tenant's home, and

(b) at the end of the period mentioned in subsection (2)(b) the landlord is so satisfied,

(a) has failed to comply with any provision of section 20,

(b) did not have reasonable grounds for finding that the tenant-

(i) was not occupying the house, or

(ii) did not intend to occupy it as the tenant's home, or

(c) was in error in finding that the tenant did not intend to occupy the house as the tenant's home, and the tenant had reasonable cause, by reason of illness or otherwise, for failing to notify the landlord of the tenant's intention so to occupy it.

(a) grant a declarator that the notice under section 20(3) is of no effect, or

(b) if it would be unreasonable to grant such a declarator, direct the landlord to make other suitable accommodation available to the tenant.

(a) a tenancy is terminated by operation of subsection (3), and

(b) there is a person who would have been a qualified person but for that paragraph,

(a) draw up a tenancy agreement stating (expressly or by reference) the terms of the tenancy,

(b) ensure that it is, before the commencement of the tenancy, subscribed by the landlord and the tenant in accordance with the Requirements of Writing (Scotland) Act 1995 (c.7), and

(c) supply a copy to the tenant.

(a) the tenant's right under Part III of the 1987 Act to purchase the house which is the subject of the tenancy, and

(b) the obligations which the tenant is likely to incur if that right is exercised, including any obligation to maintain any building of which the house forms part and any common areas.

(a) the terms of the tenancy,

(b) the landlord's policy and procedure in relation to setting of rent and charges,

(c) the landlord's policy and rules in relation to-

(i) admission of applicants to any housing list,

(ii) priority of allocation of houses,

(iii) transfers of tenants between houses owned by the landlord,

(iv) exchanges of houses owned by the landlord with houses owned by other bodies,

(v) repairs and maintenance,

(d) the application of Part III of the 1987 Act to the tenant, the tenancy and the house,

(e) the obligations which the tenant is likely to incur if the tenant's right under that Part to purchase the house is exercised, including any obligation to maintain any building of which the house forms part and any common areas,

(f) where the landlord is a local authority landlord or a registered social landlord, the landlord's tenant participation strategy,

(g) the landlord's arrangements for taking decisions in the exercise of its functions in relation to the management of housing accommodation and the provision of related services by it.

(a) by written agreement between the landlord and the tenant, or

(b) under section 25 or 26.

(a) consult those of its tenants who would be affected by the proposal, and

(b) have regard to the views expressed by those consulted.

(a) by reason of changes in the character of the house or of the neighbourhood or other circumstances, the term is or has become unreasonable or inappropriate,

(b) the term is unduly burdensome compared with any benefit resulting from its performance, or

(c) the existence of the term impedes some reasonable use of the house,

(a) the safety of any person, and

(b) any likelihood of damage to the house or to any premises of which it forms part.

(a) to benefit from the term of which variation is sought, or

(b) to be adversely affected by the proposed variation.

(a) the maximum amount payable in respect of any single qualifying repair,

(b) the period within which a qualifying repair is to be completed, and

(c) the repairs which are qualifying repairs for the purposes of this section.

(a) alteration, improvement or enlargement of the house or of any fittings or fixtures,

(b) addition of new fittings or fixtures,

(c) erection of a garage, shed or other structure,

"qualifying improvement work" is improvement work which is prescribed as such and which is begun not earlier than the commencement of this section,

"qualifying person" is a person who is, immediately before the tenancy is terminated, a tenant under a Scottish secure tenancy, and-

(a) is the tenant who carried out the qualifying improvement work,

(b) is a tenant of a joint tenancy which existed at the time the work was carried out, or

(c) succeeded to the tenancy under section 22 on the death of the tenant who carried out the work and the tenancy did not cease to be a Scottish secure tenancy on the succession.

(a) any of the circumstances of subsection (1) of section 12 apply and, in a case where the termination is under paragraph (d), (e) or (f) of that subsection, the house is vacated,

(b) there is a change of landlord, or

(c) it is assigned to a new tenant.

(a) the tenancy comes to an end in prescribed circumstances,

(b) compensation has been paid under section 29 in respect of the improvement, or

(c) the amount of any compensation which would otherwise be payable is less than such amount as may be prescribed.

(a) any compensation payable is to be-

(i) determined by the landlord in such manner and taking into account such matters as may be prescribed, or

(ii) calculated in such manner and taking into account such matters as may be prescribed, and is not to exceed such amount, if any, as may be prescribed,

(b) the landlord may set off against any compensation payable under this section any sums owed to it by any qualifying person.

(a) a claim for compensation under this section may be made by, and compensation may be paid to, the other qualifying person or persons, but

(b) the missing person is entitled to recover the missing person's share of any compensation so paid from the other qualifying person or persons.

(a) provide for the manner in which and the period within which claims for compensation under this section are to be made, and for the procedure to be followed in determining such claims,

(b) prescribe the form of any document required to be used for the purposes of or in connection with such claims, and

(c) provide for the determination of questions arising under the regulations.

(a) a tenant who has carried out work on the house,

(b) a person who has succeeded that tenant in the tenancy, or

(c) the spouse of a person mentioned in paragraph (b) or a person living with that person as husband and wife or in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex,

(a) only with the consent in writing of the landlord, and

(b) in the case of an assignation, only where the house has been the assignee's only or principal home throughout the period of 6 months ending with the date of the application for the landlord's consent to the assignation under paragraph 9 of schedule 5.

(a) a notice under section 14(2) has been served on the tenant specifying a ground set out in any of paragraphs 1 to 7 of schedule 2,

(b) an order for recovery of possession of the house has been made against the tenant under section 16(2),

(c) it appears to the landlord that a payment other than-

(i) a rent which is in its opinion a reasonable rent, or

(ii) a deposit which in its opinion is reasonable, returnable at the termination of the assignation, subletting or other transaction and given as security for the subtenant's obligations for accounts for supplies of gas, electricity, telephone or other domestic supplies and for damage to the house or contents,

has been or is to be received by the tenant in consideration of the assignation, subletting or other transaction,

(d) the transaction for which consent is sought would lead to overcrowding of the house in such circumstances as to render the occupier guilty of an offence under section 139 of the 1987 Act, or

(e) the landlord proposes to carry out work on the house or on the building of which it forms part so that the proposed work will affect the accommodation likely to be used by the subtenant or other person who would reside in the house as a result of the transaction.

(a) must notify the landlord of any proposed increase in the rent which was payable by the subtenant at the commencement of the assignation, subletting or other transaction, and

(b) must not increase the rent if the landlord objects to the increase.

(a) a protected tenancy or a statutory tenancy within the meaning of the Rent (Scotland) Act 1984 (c.58), or

(b) an assured tenancy,

(a) a notice under section 14(2) has been served on the tenant specifying a ground set out in any of paragraphs 1 to 7 of schedule 2,

(b) an order for recovery of possession of the house which is the subject of the current tenancy has been made against the tenant under section 16(2),

(c) that house was provided by the landlord in connection with the tenant's employment with it,

(d) that house has been designed or adapted for occupation by a person whose special needs require accommodation of the kind provided by the house and, if the exchange took place, there would no longer be a person with such special needs occupying the house,

(e) the accommodation in the other house-

(i) is substantially larger than that required by the tenant and the tenant's family, or

(ii) is not suitable to the needs of the tenant and the tenant's family, or

(f) the exchange would lead to overcrowding of the house in such circumstances as to render the occupier guilty of an offence under section 139 of the 1987 Act.

(a) it would have been a Scottish secure tenancy but for this section,

(b) it is for a term of not less than 6 months, and

(c) before its creation, the prospective landlord serves on the prospective tenant a notice under subsection (4).

(a) must be in such form as the Scottish Ministers may prescribe by regulations,

(b) must state that the tenancy to which it relates is to be a short Scottish secure tenancy and specify the paragraph of that schedule which is satisfied in relation to it, and

(c) must specify the term of the tenancy.

(a) by tacit relocation, or

(b) by express agreement,

(a) state that the Scottish secure tenancy to which it relates becomes a short Scottish secure tenancy by virtue of service of the notice, and

(b) specify the tenant or other person who is subject to the anti-social behaviour order.

(a) the landlord has served on the tenant a notice complying with subsection (3),

(b) the proceedings are raised on or after the date specified in the notice, and

(c) the notice is in force at the time when the proceedings are raised.

(a) state that the landlord requires possession of the house,

(b) specify a date, not earlier than-

(i) 2 months, or such longer period as the tenancy agreement may provide, from the date of service of the notice, or

(ii) the date on which the tenancy could have been brought to an end by a notice to quit had it not been a short Scottish secure tenancy,

whichever is later, on or after which the landlord may raise proceedings for recovery of possession.

(a) the tenancy has reached the ish referred to in section 34(5),

(b) tacit relocation is not operating,

(c) no further contractual tenancy (whether or not a short Scottish secure tenancy) is in existence, and

(d) subsection (2) has been complied with.

(a) terminating the tenancy, and

(b) giving the landlord the right to recover possession of the house,

(a) a tenancy is a short Scottish secure tenancy by virtue of section 35 or paragraph 1 or 2 of schedule 6, and

(b) the landlord has not, in the period of 12 months following the creation of the tenancy, served on the tenant a notice under section 14(2) or 36(2),

(a) if the notice-

(i) has ceased to be in force in accordance with section 14(5) or, as the case may be, 36(4), or

(ii) has been withdrawn by the landlord without proceedings for recovery of possession having been raised,

the tenancy becomes, by virtue of this section, a Scottish secure tenancy with effect from the date on which the notice ceased to be in force or was withdrawn or the expiry of that period of 12 months, whichever is the later,

(b) if proceedings for recovery of possession have been raised and have been finally determined in favour of the tenant, the tenancy becomes, by virtue of this section, a Scottish secure tenancy with effect from the date on which the proceedings were finally determined or the expiry of that period of 12 months, whichever is the later.

(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.

(a) an occupancy agreement instead of a Scottish secure tenancy or a short Scottish secure tenancy,

(b) a tenancy which is not a Scottish secure tenancy or a short Scottish secure tenancy, or

(c) a short Scottish secure tenancy instead of a Scottish secure tenancy,

(a) by delivering it to that person,

(b) by leaving it at that person's proper address, or

(c) by sending it by recorded delivery letter to that person at that address.

"co-operative housing association" has the meaning given in section 300(1)(b) of the 1987 Act,

"court" means the sheriff court for the district in which is situated the house to which the tenancy in question relates, and "proceedings" means proceedings in that court,

"landlord" means a person who lets a house to a tenant for human habitation, and includes any person from time to time deriving title under the original landlord,

"notice" means notice in writing,

"tenancy" means an agreement under which a house is made available for human habitation, and "lease" and related expressions are to be construed accordingly,

"tenant" means a person who leases a house from a landlord and whose right in the house derives directly from the landlord, and in the case of a joint tenancy means all the tenants.

(a) in paragraph (a), after "is" insert ", or was when the tenancy was granted,",

(b) in paragraph (c), for "2 years" substitute "5 years".

(a) for "the following section" substitute "section 62",

(b) in paragraph (a), after "house" in the first place where it occurs insert "are to continuous occupation and",

(c) in paragraph (b), after sub-paragraph (iii) insert-

(a) for paragraph (a) substitute-

(b) in paragraph (b), for the words from "or, where" to "beyond 2" substitute "of the market value for every year beyond 5",

(c) for the words from "60 per cent" to the end substitute "35 per cent or £15,000, whichever is less".

(a) for "the appropriate person" substitute "any of the persons mentioned in subsection (4)(a)(i) to (iv)",

(b) the words "by any of these persons" are repealed.

(a) in paragraph (a), for "such occupation" substitute "occupation of the type mentioned in subsection (3)(b)",

(b) the words from "and, for the purposes" to the end are repealed.

(a) in paragraph (b), for "two" substitute "5",

(b) for "higher" substitute "other".

(a) after "(5)" insert "or (5A)",

(b) in paragraph (a), after "case" insert "or different areas".

(a) after "authority" in the third place where it occurs insert "or of a registered social landlord under tenancies of houses situated in the area of the authority",

(b) for "either" substitute "or of a registered social landlord, by one or more of the following",

(c) after paragraph (a) insert "or

(d) paragraph (c) and the preceding "or" are repealed.

(a) must, within 4 years of the coming into force of this section, and

(b) may, from time to time thereafter,

(a) the extent to which tenants have exercised their rights under Part III of the 1987 Act to purchase the houses which are the subject of the tenancies, and

(b) the effect of the exercise of those rights on-

(i) the nature and condition of the housing stock,

(ii) the needs of persons for housing accommodation, and

(iii) the demand for, and availability of, housing accommodation.

(a) provision as to-

(i) the arrangements for obtaining and taking account of the views of registered tenant organisations and tenants as to the matters on which the landlord should make proposals of the type referred to in subsection (1) and the nature and content of such proposals,

(ii) notifying registered tenant organisations and tenants of the matters on which the landlord expects to be making such proposals, and

(iii) ation to be provided to registered tenant organisations and tenants about such proposals and their likely effect, and

(b) an assessment of the resources (including financial and other assistance to bodies comprised of or representing tenants) required, and a statement of the resources proposed, to give effect to the strategy.

(a) the criteria to be satisfied by a body seeking registration in the register or removal from the register,

(b) the procedure to be followed in relation to applications for registration and removal from the register.

(a) not to register it in the register, or

(b) to remove or not to remove it from the register,

(a) any proposal to which subsection (2) applies, and

(b) the likely effect of the proposal on the tenant,

(a) its policy in relation to housing management, repairs or maintenance, where the proposal, if implemented, is likely significantly to affect the tenant,

(b) the standard of service in relation to housing management, repairs and maintenance which it intends to provide,

(c) its tenant participation strategy under section 53,

(d) a disposal which would result in a change of landlord or, if different, of owner of the house which is the subject of the tenancy.

(a) the co-operative is approved under subsection (2),

(b) the co-operative will be able to exercise the functions specified in the proposal competently and efficiently, and

(c) so far as those functions relate to houses, the co-operative is representative of the tenants of those houses.

(a) all or any part of the landlord's housing functions,

(b) all or any part of the houses held by the landlord for the purposes of those functions.

(a) in relation to a local authority landlord, references to the functions of the landlord-

(i) relating to land or any interest in land held by it for the purposes of Part I of the 1987 Act,

(ii) under sections 4 and 5 (power to provide furniture, board and laundry facilities) of that Act, in connection with any such land or interest,

(b) in relation to a registered social landlord, references to its housing activities within the meaning of section 83(3),

(c) in relation to a water authority or a sewerage authority, references to its functions in relation to the provision and management of houses.

(a) every housing association which, immediately before the commencement of subsection (2), was registered in the register of housing associations maintained under section 3 of the Housing Associations Act 1985 (c.69), and

(b) any other body which, by order made by the Scottish Ministers, is to be treated as being a housing association so registered.

(a) a society registered under the Industrial and Provident Societies Act 1965 (c.12) which has its registered office for the purposes of that Act in Scotland and satisfies the conditions in subsection (2), or

(b) a company registered under the Companies Act 1985 (c.6) which has its registered office for the purposes of that Act in Scotland and satisfies those conditions.

(a) houses to be kept available for letting,

(b) houses for occupation by members of the body, where the rules of the body restrict membership to persons entitled or prospectively entitled (as tenants or otherwise) to occupy a house provided or managed by the body, or

(c) hostels,

(a) providing land, amenities or services, or providing, constructing, repairing or improving buildings, for its residents, either exclusively or together with other persons,

(b) acquiring, or repairing and improving, or creating by the conversion of houses or other property, houses to be disposed of on sale, on lease or on shared ownership terms,

(c) constructing houses to be disposed of on shared ownership terms,

(d) managing houses which are held on leases or other lettings (not being houses falling within subsection (2)(a) or (b)) or blocks of flats,

(e) providing services of any description for owners or occupiers of houses in-

(i) arranging or carrying out works of maintenance, repair or improvement, or encouraging or facilitating the carrying out of such works,

(ii) arranging property insurance,

(f) encouraging and giving advice on the formation of registered social landlords or providing services for, and giving advice on the running of, such landlords and other voluntary organisations concerned with housing, or matters connected with housing.

(a) to acquire commercial premises or businesses as an incidental part of a project or series of projects undertaken for purposes or objects falling within subsection (2) or (3),

(b) to repair, improve or convert any commercial premises acquired as mentioned in paragraph (a) or to carry on for a limited period any business so acquired,

(c) to repair or improve houses, or buildings in which houses are situated, after the tenants have exercised, or claimed to exercise, acquisition rights.

"acquisition rights" means rights to purchase under section 61 of the 1987 Act,

"block of flats" means a building containing two or more flats which are held on leases or other lettings and which are occupied or intended to be occupied wholly or mainly for residential purposes,

"disposed of on shared ownership terms" means disposed of under a shared ownership agreement (defined in section 83(3)),

"letting" includes the grant of a right or permission to occupy,

"residents", in relation to a body, means persons occupying the houses or hostels provided or managed by the body,

"voluntary organisation" means an organisation whose activities are not carried on for profit.

(a) is no longer a body eligible for such registration,

(b) has ceased to exist or does not operate, or

(c) meets the criteria for removal from the register established under section 61,

(a) such bodies representing registered social landlords,

(b) such bodies representing tenants of registered social landlords, and

(c) such other persons,

(a) not to register it as a social landlord, or

(b) to remove or not to remove it from the register of social landlords,

(a) is without prejudice to Part III (the right to buy) of the 1987 Act,

(b) has effect subject to sections 66 to 68 and 76 of, and schedules 7 and 9 to, this Act.

(a) generally to all registered social landlords or to a particular landlord or description of landlords,

(b) in relation to particular land or a particular description of land,

(c) in relation to a particular disposal or a particular description of disposal,

(a) a lease under a Scottish secure tenancy, or what would be a Scottish secure tenancy but for schedule 1,

(b) a lease under a short Scottish secure tenancy,

(c) a lease under an assured tenancy or an assured agricultural occupancy,

(d) a lease under what would be an assured tenancy but for any of paragraphs 3 to 8 and 12 of Schedule 4 to the 1988 Act, or

(e) a disposal under Part III (the right to buy) of the 1987 Act.

(a) a disposal which does not require the consent of the Scottish Ministers under section 66,

(b) a disposal to which schedule 9 applies, or

(c) a disposal of an interest by way of security for a loan.

(a) the tenants of those of its houses included in the disposal, and

(b) such other persons as the Scottish Ministers may require,

(a) any premises of the registered social landlord, and

(b) any document relating to the landlord which appears to the inspector to be necessary for the purposes of the inspection.

(a) require a person holding or accountable for any such document to provide the inspector with such information and explanation as the inspector thinks necessary,

(b) require that person to attend before the inspector in person to give the information or explanation or to produce the document.

(a) appoint a manager, or

(b) require the landlord to appoint a manager,

(a) is to be appointed for such period and on such terms and conditions as the Scottish Ministers may determine,

(b) has, by virtue of the appointment, power generally to do all such things as are necessary for carrying out the manager's functions, and

(c) has such specific powers (which may include power to do anything which the landlord has power to do) as the Scottish Ministers may specify.

(a) any premises of the local authority, and

(b) any document relating to the authority which appears to the inspector to be necessary for the purposes of the inspection.

(a) require a person holding or accountable for any such document to provide the inspector with such information and explanation as the inspector thinks necessary,

(b) require that person to attend before the inspector in person to give the information or explanation or to produce the document.

(a) approve it (with or without modifications), or

(b) reject it.

(a) approve a remedial plan with modifications,

(b) reject a remedial plan, or

(c) impose conditions under subsection (5),

(a) the authority,

(b) such bodies representing local authorities as they think fit, and

(c) the Accounts Commission for Scotland,

(a) is to be appointed for such period and on such terms and conditions as the Scottish Ministers may determine,

(b) has, by virtue of the appointment, power generally to do all such things as are necessary for carrying out the manager's functions, and

(c) has such specific powers (which may include power to do anything which the authority has power to do) as the Scottish Ministers may specify.

(a) to provide the Scottish Ministers, or a person authorised by them, at a time and place and in the form and manner specified in the notice, with such information relating to the affairs of a local authority or, as the case may be, a registered social landlord in connection with the provision of housing accommodation and related services as may be specified or described in the notice, or

(b) to produce to the Scottish Ministers, or a person authorised by them, at a time and place specified in the notice, any documents relating to such affairs which are specified or described in the notice and are in that person's custody or under that person's control.

(a) the authority,

(b) an officer or employee of the authority,

(c) any other person whom the Scottish Ministers have reason to believe is or may be in possession of relevant information.

(a) a notice has been served on the local authority and has not been complied with, or

(b) the Scottish Ministers believe that the information or documents in question are not in the possession of the authority.

(a) the landlord,

(b) any person who is, or has been, an officer, member, employee or agent of the landlord,

(c) a subsidiary or associate of the landlord,

(d) any person who is, or has been, an officer, member, employee or agent of a subsidiary or associate of the landlord,

(e) any other person whom the Scottish Ministers have reason to believe is or may be in possession of relevant information.

(a) a notice has been served on the registered social landlord and has not been complied with, or

(b) the Scottish Ministers believe that the information or documents in question are not in the possession of the landlord.

(a) the disclosure of anything which a person would be entitled to refuse to disclose on grounds of confidentiality in proceedings in the Court of Session, or

(b) the disclosure by a banker of anything in breach of any duty of confidentiality owed by the banker to a person other than a local authority or, as the case may be, a registered social landlord or a subsidiary or associate of a registered social landlord.

(a) on summary conviction, to a fine not exceeding the statutory maximum,

(b) on conviction on indictment, to a fine.

(a) the housing needs for which provision should be made and the means of meeting those needs,

(b) the prevention and alleviation of homelessness,

(c) the provision and management of sites for persons of nomadic habit of life, whatever their race or origin,

(d) the acquisition and disposal of housing accommodation,

(e) the allocation of housing accommodation,

(f) the terms of tenancies and the principles upon which levels of rent should be determined,

(g) standards of maintenance and repair and the means of achieving those standards,

(h) the prevention of anti-social behaviour and conduct, and conduct amounting to harassment, by tenants and other persons whose actions and conduct are the subject of paragraph 7 of schedule 2 ("anti-social", "conduct" and "harassment" having the meanings given in sub-paragraph (2) of that paragraph),

(i) the provision of services for owners and occupiers of houses,

(j) consultation and communication with tenants and bodies representing tenants,

(k) the participation of tenants and bodies representing tenants in the formulation of proposals concerning housing accommodation and related services,

(l) procedures for dealing with disputes between tenants and local authorities or registered social landlords,

(m) standards of governance and financial accountability.

(a) may from time to time,

(b) must, not more than 5 years from the date of publication of the statement and at least once every five years thereafter,

(a) this Part,

(b) sections 17A and 17B (publication of housing management information) of the 1987 Act, and

(c) any other enactment relating to the provision of housing accommodation or related services by local authorities or registered social landlords.

(a) the landlord is a member of the company and controls the composition of the board of directors,

(b) the landlord holds more than half in nominal value of the company's equity share capital,

(c) the company is a subsidiary, within the meaning of the Companies Act 1985 (c.6) or the Friendly and Industrial and Provident Societies Act 1968 (c.55), of another company which, by virtue of paragraph (a) or (b), is itself a subsidiary of the landlord.

(a) any reference in this section to the board of directors is a reference to the committee of management of the society,

(b) the reference in subsection (2) to the holders of all or a majority of the directorships is a reference-

(i) to all or a majority of the members of the committee, or

(ii) if the landlord is a member of the committee, such number as together with the landlord would constitute a majority.

(a) any body of which the landlord is a subsidiary, and

(b) any other subsidiary of such a body.

(a) in the case of an industrial and provident society, to any officer of the society as defined in section 74 of the Industrial and Provident Societies Act 1965 (c.12), including a co-opted member of the committee of the society, and

(b) in the case of a company registered under the Companies Act 1985 (c.6), to any director or other officer of the company within the meaning of that Act.

(a) "committee" means the committee of management or other directing body of the society,

(b) "co-opted member", in relation to the committee, includes any person co-opted to serve on the committee, whether the person is a member of the society or not,

(c) any reference to a member of the committee includes a co-opted member.

"co-operative housing association" has the meaning given in section 300(1)(b) of the 1987 Act,

"housing activities" means, in relation to a registered social landlord, all its activities in pursuance of the purposes, objects and powers mentioned in section 58,

"housing association" and, in relation to a housing association, "fully mutual" have the meanings given in section 1 of the Housing Associations Act 1985 (c.69),

"provision of housing accommodation and related services" includes-

(a) the prevention and alleviation of homelessness,

(b) the management of housing accommodation,

(c) the provision of services for owners and occupiers of houses,

(d) the provision and management of sites for persons of nomadic habit of life, whatever their race or origin,

"shared ownership agreement" means an agreement whereby-

(a) a pro indiviso right in a house is sold, and the remaining pro indiviso rights therein are leased, to a person subject to the person being entitled, from time to time, to purchase those remaining rights until that person has purchased the entire house, or

(b) pro indiviso rights in houses are conveyed to trustees to hold on behalf of persons each of whom, by purchasing a share in those houses, becomes entitled to exclusive occupancy of one of the houses but with any such person who wishes to sell or otherwise dispose of that person's share being required to do so through the agency of the trustees,

or such other agreement as may be approved by the Scottish Ministers whereby a person acquires a pro indiviso right in a house or houses and thereby becomes entitled to exclusive occupancy of the house or, as the case may be, one of the houses.

(a) for the purposes of any scheme or regulations by virtue of the Superannuation Act 1972 (c.11) as having been retired on redundancy,

(b) for the purposes of Part XI of the Employment Rights Act 1996 (c.18) as having been dismissed by reason of redundancy.

(a) the transfer of functions, property, liabilities and staff of Scottish Homes, or

(b) the dissolution of Scottish Homes.

(a) a target date (which must be within 15 years of the date of publication of the statement) for achieving the purpose mentioned in subsection (1), and

(b) interim objectives towards the achievement of that purpose.

(a) must keep the statement under review,

(b) may from time to time modify the statement, and

(c) must publish any modified statement.

(a) such persons as appear to them to represent the interests of those living in fuel poverty, and

(b) such other persons,

(a) carry out an assessment in accordance with subsection (2), and

(b) prepare, in accordance with subsection (4), and submit to the Scottish Ministers, a strategy (a "local housing strategy").

(a) the nature and condition of the housing stock,

(b) the needs of persons in the area for housing accommodation,

(c) the demand for, and availability of, housing accommodation,

(d) the needs of persons in the area for, and the availability of, housing accommodation designed or adapted for persons with special needs, and

(e) any other matter specified in the requirement.

(a) exercising its functions, and

(b) co-ordinating the exercise of those functions and the functions and activities of registered social landlords and other persons concerned (in whatever way) with housing provision and the provision of related services,

(a) is economic, efficient and effective, and

(b) ensures, so far as reasonably practicable, that persons do not live in fuel poverty.

(a) must specify the period in relation to which the assessment is to be carried out and the strategy prepared and submitted,

(b) may make provision as to-

(i) the procedure to be followed in carrying out the assessment and preparing the strategy,

(ii) the time by which the strategy is to be submitted to the Scottish Ministers,

(iii) the form of the strategy and the matters which it is to include,

(iv) the consultation to be carried out by the local authority on its proposed strategy,

(v) the documents and information relating to the strategy and its preparation which are to be submitted to the Scottish Ministers.

(a) must provide the Scottish Ministers with such information as they may require, in such form and at such times as they may require, about the authority's implementation of its local housing strategy,

(b) must keep its strategy under review,

(c) may from time to time, after consultation with such persons as it thinks fit, modify its strategy, and

(d) must submit any such modified strategy to the Scottish Ministers.

(a) the authority's functions in connection with-

(i) providing, improving, adapting, repairing, maintaining and managing housing,

(ii) undertaking, and assisting the undertaking of, the development, redevelopment and improvement of the physical, social, economic and recreational environment related to housing,

(iii) preventing or alleviating homelessness,

and related matters,

(b) relevant housing-related debt of the authority.

(a) in respect of loan charges within the meaning of paragraph 3(a) of Schedule 15 to the 1987 Act which-

(i) are required by that paragraph to be debited to the authority's housing revenue account, or

(ii) would, but for an order under section 94(2) of this Act, have been required to be so debited, or

(b) otherwise arising in connection with the loan to which such loan charges relate.

(a) of such amount, and

(b) subject to such terms and conditions,

(a) to all local authorities,

(b) to particular local authorities, or

(c) to particular descriptions of local authority.

(a) of such amount, and

(b) subject to such terms and conditions,

(a) such bodies representing local authorities, and

(b) such other persons,

"housing support services" includes any service which provides support, assistance, advice or counselling to an individual with particular needs with a view to enabling that individual to occupy, or to continue to occupy, as the person's sole or main residence, residential accommodation other than excepted accommodation,

"prescribed housing support services" means housing support services prescribed, or of a type prescribed, by regulations made by the Scottish Ministers.

(a) the formation of bodies to act as registered social landlords,

(b) the development of registered social landlords.

(a) providing, improving, adapting, repairing, maintaining and managing housing,

(b) undertaking, and assisting the undertaking of, the development, redevelopment and improvement of the physical, social, economic and recreational environment related to housing,

(c) preventing or alleviating homelessness,

(a) grants or loans to the landlord or person,

(b) subscribing for share or loan capital of the landlord or person,

(c) guaranteeing or joining in guaranteeing the payment of the principal of, and interest on, money borrowed by the landlord or person (including money borrowed by the issue of loan capital) or of interest on share capital issued by the landlord or person,

(d) granting indemnities,

(e) acquiring, holding, managing and disposing of land,

(f) providing or arranging for the provision of advice, training or other services and facilities,

(g) making available the services of staff of the local authority,

(h) carrying out or commissioning research and related activities,

(i) providing or arranging for the provision of information relating to housing.

(a) of a kind mentioned in subsection (4)(c) or (d), or

(b) which the authority proposes to carry to the debit of its housing revenue account kept under section 203 of the 1987 Act,

(a) the purposes for which, and the classes of persons to whom, local authorities may provide assistance under those subsections of a kind referred to in subsection (4)(a) to (d) of that section,

(b) the procedure to be followed by local authorities in considering whether to provide such assistance,

(c) the terms and conditions on which such assistance is to be provided (including conditions for repayment in specified circumstances).

(a) such bodies representing local authorities,

(b) such bodies representing registered social landlords, and

(c) such other persons,

(a) the functions of the authority relating to housing under this Act or any other enactment, or

(b) the relevant housing-related debt of the authority (within the meaning of section 90(3));

(a) what is-

(i) a household,

(ii) a low income,

(iii) a reasonable cost,

(b) the circumstances in which a home is to be regarded for those purposes as being warm.

(a) such persons as appear to them to represent the interests of persons living in fuel poverty, and

(b) such other persons,

(a) the word "and" at the end of sub-paragraph (i) of paragraph (a) is repealed,

(b) after that sub-paragraph insert-

(c) after sub-paragraph (ii) of paragraph (a) insert-

(a) at the beginning insert "(1)",

(b) at the end of paragraph (b), the word "and" is repealed,

(c) after paragraph (c) insert ", and

(a) for "amount than that payable" substitute "approved expense than that which may be fixed",

(b) for "that amount" substitute "the approved expense".

(a) after subsection (1) insert-

(b) in subsection (7), after "be" in the first place where it occurs insert "a minimum of".

(a) for the words from "247" to "244)" substitute "243 and 245 to 247",

(b) for the words from "for the words" to the end substitute "the words from "or such other" to "244(7)" are omitted."

(a) for the words from "239" to "242(1), (3)" substitute "247 (other than sections 240, 241(3)(b), 242(1)(a)",

(b) after "except that" insert-

(c) for the words from "for the words" to the end substitute "the words from "or such other" to "244(7)" are omitted."