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GUIDANCE FOR LOCAL AUTHORITIES ON IMPROVEMENT AND REPAIRS GRANTS
INTRODUCTION
The legislation governing the administration of housing Improvement and Repairs Grants is contained in Part XIII of the Housing (Scotland) Act 1987 ("the Act" or "the 1987 Act"). Significant amendments to this Part were introduced by Part 6 of the Housing (Scotland) Act 2001 ("the 2001 Act"). These amendments were commenced on 1 October 2003, together with secondary legislation to fully implement the revised system.
The most significant change to the operation of the Grants system is the introduction of a test of resources, to assess how much the applicant should contribute towards the approved expense. A system of minimum percentages to be applied to grants for prescribed types of works operates alongside the assessment. There are also new types of eligible works, and some minor changes to other parts of the system, such as the treatment of successive grants.
Since there are changes to many parts of the system of improvement and repairs grants, this document seeks to provide guidance on the system as a whole. Its main purpose is to explain the statutory provisions and set out what local authorities are required and permitted to do in processing applications for grants. Each local authority is likely to have different priorities for the use of the funding allocated for improving private sector housing, in line with policies based on their Local Housing Strategy, and within the national priorities set by Ministers. This means there will be local variation in the types of work for which grant is made available and the amount which is grant aided. This guidance sets out the full scope of the legislative framework within which local authorities may take those decisions.
Local authorities will need to ensure that the grant system is administered in a way which allows them to meet their duties under the Race Relations (Amendment) Act 2000. This will include ensuring that their priorities and policies for awarding grant have no adverse effect on race equality. Further guidance on this issue is included in Part IV of the guidance, on "Procedures".
Where appropriate, the guidance reproduces the wording of the legislation without further definition. While the Scottish Executive may offer a view, it is for the local authority to interpret the statute and ensure that its actions comply. In the case of a dispute, such matters are ultimately for the courts to decide.
A variety of guidance has been issued since improvement grants were introduced in the Housing (Scotland) Act 1974, much of which is still helpful in expanding on standards and eligible works, although the legislation has moved on. The Housing Improvement Task Force, which reported in March 2003, has made extensive recommendations in relation to improving the condition of private housing in Scotland. These include proposals for reviewing the Tolerable Standard and producing detailed guidance on its operation and interpretation. For this reason, we have decided not to attempt to update the detail in previous circulars on standards and eligible works at this time. Relevant parts of those circulars, which many local authorities may have embedded in their own policies and procedures, have been placed on the Scottish Executive website at www.scotland.gov.uk for reference. Click on "Topics" - "Communities" - "Housing" - "Private Housing Sector" and select "Assistance to Repair and Improve Houses". Where there is any conflict, the present guidance should be regarded as superseding those circulars.
If you have any queries about the Improvement and Repairs Grant system, please email mailto:Jean.Waddie@scotland.gov.uk,or telephone 0131 244 7951. Please note that there is no printed version of this guidance available at present.
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