Notices under the Housing (Scotland) Act 2006

A notice of payment of grant or loan by a Scottish local authority is registrable by virtue of section 84(1) of the Housing (Scotland) Act 2006. The current legislation governing grants is the Housing (Scotland) Act 2006 and any grant after 1 April 2010 should be in terms of that Act, except for few limited circumstances when the grant application was in process prior to that date. The conditions relating to a grant under the 2006 Act apply for a period of 10 years.

In respect of local authorities, Section 193 of the Local Government (Scotland) Act 1973 allows for the execution of notices of grant by way of a stamp or facsimile of the signature of a proper officer. Attestation by one witness, or alternatively sealing with the seal of the local authority, is also required. Any Notices which are not witnessed or sealed should be returned to the agent with the following explanation:

"The deed either requires to be attested by one witness, or sealed with the common seal of the authority in compliance with the requirements of Section 6 and schedule 2 (Local Authorities) of the Requirements of Writing (Scotland) Act 1995".

Example style for Notice of Grant:

NOTICE OF GRANT of £..... by [Local Authority], to [AB (design)], in accordance with the provisions of section .... of the Housing (Scotland) Act 2006, in respect of [subjects], containing conditions to be observed for [...] years from [date]. Dated [date].

If the property affected is described by a postal address or is a tenement flat which can be clearly identified with the description in the previous title, no reference description or major area is minuted, provided that the property is already a separate unit of property. Exceptions should be dealt with in the usual way. If the deed contains a description of the subjects using a statutory reference, this should be included in the minute.

Where the conditions of the grant cease to apply before the expiry of the stipulated period, a notice of repayment or a notice of cessor of conditions may be drawn up and recorded.

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