Housing (Scotland) Act 1987

Powers of Secretary of State

138 Secretary of State may increase permitted number of persons temporarily

(1) The Secretary of State may, subject to the provisions of this section, increase by order the number of permitted persons in relation to houses to which this section applies or a specified class of those houses.

(2) This section applies to houses consisting of a few rooms, or comprising rooms of exceptional floor area.

(3) The Secretary of State may make an order under this section if he is satisfied on the representation of the local authority that such houses constitute so large a proportion of the housing accommodation in their district, or in any part of it, that it would be impracticable to assess the permitted number of persons in accordance with the provisions of section 137(3).

(4) An order under this section may—

(a) direct that the provisions of section 137(3) are to have effect subject to such modifications for increasing the permitted number of persons as may be specified in the order;

(b) specify the period not exceeding 3 years during which such modifications are to apply;

(c) specify different modifications in relation to different classes of houses.

(5) Any period specified in the order may be extended by the Secretary of State on the application of the local authority.

(6) The Secretary of State shall consult the local authority before varying or revoking an order made under this section, and may vary it in respect of the modifications or of the houses to which the modifications apply or to both.

(7) An order made under this section shall be made by statutory instrument.