Housing (Repairs and Rents) (Scotland) Act 1954

JurisdictionUK Non-devolved
Citation1954 c. 50


Housing Repairs and Rents (Scotland) Act , 1954

(2 & 3 Eliz. 2) CHAPTER 50

An Act to make further provision as respects Scotland for the clearance and redevelopment of areas of unfit housing accommodation, and for securing or promoting the reconditioning and maintenance of houses, and otherwise to amend the enactments relating to housing and rent control; to provide for disregarding for the purposes of valuation and rating increases in the rent of certain houses in respect of expenditure incurred in reconditioning and maintaining those houses; to limit the rates payable by owners of rent-controlled houses; and for purposes connected with the matters aforesaid.

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

I Further Provisions as to Clearance and Redevelopment, Reconditioning of Unfit Houses, and other Amendments oF Housing (Scotland) Act, 1950

Part I

oF Housing (Scotland) Act, 1950Reconditioning of Unfit Houses, and other AmendmentsFurther Provisions as to Clearance and Redevelopment,

Additional powers in respect of clearance areas and other houses liable to demolition

Additional powers in respect of clearance areas and other houses liable to demolition

S-1 Proposals for exercise of functions of local authorities as to clearance areas, etc.

1 Proposals for exercise of functions of local authorities as to clearance areas, etc.

(1) Subject to the provisions of this section, every local authority shall, within one year after the commencement of this Act, submit to the Secretary of State in such form as the Secretary of State may require proposals for dealing, under Parts II and III of the principal Act or under the following provisions of this Part of this Act, with houses within the district of the authority which appear to the authority to be unfit for human habitation and with any other houses within that district which are or in the opinion of the authority ought to be included in clearance area.

(2) If in the case of any local authority it appears to the Secretary of State that in view of the high proportion of houses within their district which are unfit for human habitation, or of other exceptional circumstances, it is not reasonably practicable for that authority to submit proposals under the foregoing subsection within the period therein mentioned, he may authorise that authority to submit within that period such partial proposals as he may direct or to submit proposals under the foregoing subsection within such extended period as he considers appropriate.

(3) The Secretary of State may approve proposals submitted by a local authority under this section with or without modifications, and thereafter it shall be the duty of the authority to carry out their functions under the said provisions of the principal Act and this Part of this Act in accordance with the proposals as so approved, subject to any modifications made by subsequent proposals so approved.

(4) A local authority may at any time, and if directed by the Secretary of State shall within the period specified in the direction, submit further proposals for amplifying or modifying any proposals previously submitted by that authority and approved under this section; and subsection (3) of this section shall apply to any such further proposals.

(5) A copy of any proposals approved under this section shall be deposited at the offices of the local authority concerned, and shall be open to inspection without charge during ordinary office hours.

S-2 Power of local authorities to retain for temporary occupation certain houses in clearance areas.

2 Power of local authorities to retain for temporary occupation certain houses in clearance areas.

(1) Notwithstanding anything in subsection (3) of section twenty-five of the principal Act or in section thirty of that Act, a local authority by whom an area has been declared (whether before or after the commencement of this Act) to be a clearance area under the said section twenty-five may postpone for such period as may be determined by the authority without undue postponement of the clearance of the area the demolition of any building on land purchased by or belonging to the authority within that area, being a building which is or which contains a house which in the opinion of the authority, having regard to its existing condition and to the needs of the district with regard to the provision of further housing accommodation, must be continued in use as housing accommodation for the time being, and where the demolition of such a building is so postponed, shall carry out such works as may in the opinion of the authority from time to time be required for rendering or keeping such house capable of being continued in use as housing accommodation pending its demolition.

(2) Where the demolition of any building in a clearance area is postponed under the foregoing subsection, the local authority may also postpone the taking of any proceedings under the said subsection (3) in respect of any other building within that area; and subsection (2) of section twenty-nine of the principal Act (which limits the period within which compulsory purchase orders may be submitted in respect of land comprised in or surrounded by or adjoining a clearance area) shall not apply to the purchase of any land in the area, on which there is a building in respect of which proceedings have been postponed under this subsection, or to the purchase of any land surrounded by or adjoining the area.

(3) The power of a local authority under Part III of the principal Act to purchase land within a clearance area may be exercised, for the purpose of acquiring any land within that area on which there is a building which is or which contains a house which in the opinion of the authority, having regard to the matters mentioned in subsection (1) of this section, must be continued in use as housing accommodation for the time being, notwithstanding that a clearance order has been made in respect of the building before the commencement of this Act or that any proceedings have been taken in pursuance of such an order; and on the completion of the purchase of any such land the clearance order shall cease to have effect so far as it relates to such building.

(4) An order under section twenty-nine of the principal Act authorising the compulsory purchase by a local authority of any land on which there is such a building as is mentioned in subsection (1) of this section within an area declared as a clearance area before the commencement of this Act may, notwithstanding anything in subsection (2) of that section, be submitted to the Secretary of State at any time not later than six months after the approval under section one of this Act of proposals submitted by that authority under subsection (1) of the said section one.

S-3 Power of local authorities to purchase hoses liable to demolition or closing orders.

3 Power of local authorities to purchase hoses liable to demolition or closing orders.

(1) In any case where a local authority would, apart from this subsection,—

(a ) be required to make a demolition order in respect of a house in pursuance of a notice served by them under subsection (1) of section nine of the principal Act or in pursuance of an application made to them under section ten of that Act; or

(b ) be empowered under subsection (1) of section twelve of that Act to recall a closing order in respect of a house and to make a demolition order in respect thereof;

the authority, if it appears to them that, having regard to the existing condition of the house and to the needs of the district with regard to the provision of further housing accommodation, the house must be continued in use as housing accommodation, may purchase the house in lieu of making such an order.

(2) A local authority by whom a house is purchased under this section shall carry out such works as may in the opinion of the authority from time to time be required for rendering or keeping it capable of being continued in use as housing accommodation.

(3) Where a local authority determine to purchase a house under subsection (1) of this section, they shall serve notice of the determination on every person upon whom they would be required to serve a copy of a demolition order made in respect of the house under section nine of the principal Act, and on the superior of, and the holder of any heritable security over, the house; and section sixteen of the principal Act (which provides for an appeal against certain notices and orders under Part II of that Act) shall apply in relation to any such notice as it applies in relation to a demolition order.

(4) At any time after a notice served under the last foregoing subsection in respect of a house has become operative under subsection (3) of the said section sixteen, the authority may purchase the house by agreement or may be authorised by the Secretary of State to purchase it compulsorily; and the Acquisition of Land (Authorisation Procedure) (Scotland) Act, 1947, shall apply to a compulsory purchase under this section as if this section had been in force immediately before the commencement of that Act.

(5) The compensation to be paid for a house purchased compulsorily under this section shall be calculated in accordance with subsection (4) of section seventeen of the principal Act (which regulates the compensation payable for the compulsory purchase under that section of a house unfit for human habitation which cannot be rendered so fit at reasonable expense).

S-4 Exchequer contributions towards expenses of local authorities under ss. 2 and 3 of Act or under s. 17 of principal Act.

4 Exchequer contributions...

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