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Housing (Scotland) Act 2006: Consultation on Draft Guidance and Regulations

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Volume 2
Annex A HRA Designation Order

A.1. Chapter 3 looks at what local authorities have to do to designate a Housing Renewal Area ( HRA). This includes producing an HRA Designation Order. The following tables summarise the requirements for this.

A.2. Requirements for content (legislative requirements are shown in grey):

Legislative reference

Required content

Further information

s2 (s1)

  • set out the reasons for designating the HRA, with reference to s1

This should indicate that the local authority considers that

  • a significant number of houses are sub-standard; or
  • the appearance or state of repair of any houses is adversely affecting the amenity of the locality.
  • must include an HRA action plan
  • see Annex B for more information
  • must include a map delineating the HRA
  • the local authority should consider the HRA to be a "locality"

A.3. The different versions of the HRA designation order are:

Legislative reference

Version

Further information

Sch 1 1(2)

Draft for public consultation

  • The local authority will need to provide a draft HRA designation order for public consultation.
  • It should give notice of when and where the public can access it.
  • It would be good practice to include discussions with relevant stakeholders when drafting the designation order.

Sch 1 1(3), (4), (5), (6)
Sch 1 (2)

Draft for submission to Scottish Ministers

  • The local authority can modify the draft designation order, if necessary, after public consultation.
  • It cannot extend the proposed area of the HRA.
  • It should decide whether or not to submit the draft order to Scottish Ministers.
  • It should give notice of its decision, including the general effect of any modifications. See also Annex E on service of documents.
  • Ministers can approve it (with or without certain modifications) or reject it.

Sch 1 (3)
Sch 1 (3) (2)
s7

Making of HRA designation order

  • The authority can make the designation order once ministers have approved it.


  • It must give notice of this as soon as practicable after making it. See Annex E on service of documents.
  • The notice must describe the general effect of any changes, refer to the authority's Scheme of Assistance statement, and specify where the public can access a copy of the order.
  • The authority must make a copy of this available to the public, free of charge. This should include any variations.

s4

Variations to the HRA designation order

The authority can vary the designation order:

  • at any time, and in any way it considers unlikely to adversely affect anyone; or
  • at the request of an owner of a house which the action plan identifies, but
  • only in relation to that house;
  • only by varying the action plan; and
  • only having consulted owner and anyone else affected by the proposed variation.
  • It must give notice of this. See Annex E service of documents.
  • The authority must make a copy of any variations available to the public, free of charge, along with the HRA designation order.

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Page updated: Monday, April 7, 2008