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Housing (Financial Provisions) (Scotland) Act 1972

Consolidated Text As Enacted Cited authorities 125 Cited in Amendments 516 Related
JurisdictionUK Non-devolved
Citation1972 c. 46
Year1972
(1) No payment shall be made by an exporting authority to a receiving authority under subsection (4) (b) of section 9 of the subsection (4) (b) were omitted; andfor subsection (5) there were substituted the following subsection—
  • “(5) An overspill agreement (whether entered into before or after this Act comes into force) may provide, with the consent of the Secretary of State, for the making by the exporting authority to the receiving authority of such payment as may be specified in the agreement.
.An overspill agreement (whether entered into before or after this Act comes into force) may provide, with the consent of the Secretary of State, for the making by the exporting authority to the receiving authority of such payment as may be specified in the agreement.(3) Nothing in this section shall affect the continuance of any payment being made in pursuance of subsection (5) of the said section 9 immediately before this Act comes into force.(4) A receiving authority may abrogate an overspill agreement entered into before this Act comes into force if the Secretary of State is satisfied, on an application made to him by the receiving authority, that, if they were to implement the agreement, an unduly large burden would fall on the authority’s housing revenue account.(1) In this Act, unless the context otherwise requires—
  • “the Act of 1966” means the Housing (Scotland) Act 1966;
  • “the Act of 1968” means the Housing (Financial Provisions) (Scotland) Act 1968;
  • “the Act of 1969” means the Housing (Scotland) Act 1969;
  • “the Act of 1971” means the Rent (Scotland) Act 1971;
  • “development corporation” has the same meaning as in section 2 of the New Towns (Scotland) Act 1968;
  • “development corporation house” means a house F3or any part share thereof owned by a development corporation and available to them for the purpose of providing rented accommodation and “the number of development corporation houses” for any period means the number of such houses on the relevant date, except that for the purposes of section 8 of this Act for the year 1971–72 it means such number as the Secretary of State deems to be development corporation houses for that year;
  • “house” has the same meaning as in the Act of 1966, except that it includes any structure made available under section 1 of the Housing (Temporary Accommodation) Act 1944;
  • “housing association” has the same meaning as in the Act of 1966, except that, subject to sections 58 and 59 of this Act, it does not include the Scottish Special Housing Association or a development corporation or any association which is, or is deemed to be, duly registered under the Industrial and Provident Societies Act 1965 and whose rules restrict membership to persons who are tenants or prospective tenants of the association, and preclude the granting or assigning of tenancies to persons other than members;
  • “housing authority” means a local authority, a development corporation or the Scottish Special Housing Association;
  • “land” includes any F12right or interest in land;
  • “local authority” has the meaning assigned to it by section 1 of the Act of 1966;
  • “overspill agreement”, has the same meaning as in section 9(1) of the Housing and Town Development (Scotland) Act 1957;
  • “the relevant date” in relation to any period means the date occurring six months after the beginning of that period;
  • “rental period” means a period in respect of which a payment of rent falls to be made;
  • “Scottish Special Housing Association house” means a house F3or any part share thereof owned by the Scottish Special Housing Association and available to them for the purpose of providing rented accommodation and “the number of Scottish Special Housing Association houses” for any period means the number of such houses on the relevant date;
  • “a service charge” means any charge referred to in section 32 of this Act;
  • “standard rent” means, in relation to a local authority, the rent payable in respect of a house F3or any part share thereof to which the housing revenue account relates before account is taken of any rent rebate, service charge or supplementary charge and, in relation to a development corporation or the Scottish Special Housing Associations, means the rent payable in respect of a development corporation house F3or any part share thereof or a Scottish Special Housing Association house F3or any part share thereof before account is taken of any rent rebate or any sums payable for services or furniture; and the income receivable from the standard rent of a house F3or any part share thereof for any period means the income which would be received for that period if the house F3or any part share thereof were let throughout that period and the rent were...

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