Statutory Instruments

1992 No. 1328 (S. 133)

HOUSING, SCOTLAND

The Housing (Disapplication of Financial Hardship Provision for Repairs Grant) (Scotland) Order 1992

Made

29th May 1992

Laid before Parliament

25th June 1992

Coming into force

16th July 1992

The Secretary of State, in exercise of the powers conferred on him by section 248(3) and (7) of the Housing (Scotland) Act 1987((1)) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement

1. This Order may be cited as the Housing (Disapplication of Financial Hardship Provision for Repairs Grant) (Scotland) Order 1992 and shall come into force on 16th July 1992.

Disapplication of section 248(3) of 1987 Act

2. Section 248(3) of the Housing (Scotland) Act 1987 shall not apply to applications in respect of works which in the opinion of the local authority are of a substantial and structural character.

Revocation

3. The Housing (Disapplication of Financial Hardship Provision for Repairs Grant) (Scotland) Order 1982((2)) is hereby revoked.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St Andrew's House,

Edinburgh

29th May 1992

Explanatory Note

(This note is not part of the Order)

Section 248(3) of the Housing (Scotland) Act 1987 requires local authorities, in considering whether to approve an application for repairs grant, to have regard to whether the owner would be able to finance the work at his own expense without undue hardship.

Under the proviso to section 248(3), the Secretary of State may prescribe cases to which section 248(3) shall not apply. Article 2 of this Order prescribes that application in respect of works of a substantial and structural character will be exempt from the financial hardship provisions of section 248(3). Previously section 248(3) was disapplied both to such works and to works to replace lead plumbing.

(1)

1987 c. 26.

(2)

S.I. 1982/1154.