The Housing Defects (Reinstatement Grant) (Amendment of Conditions for Assistance) (Scotland) Order 1988
Under Part XIV of the Housing (Scotland) Act 1987 (“the Act”) the owner of a defective dwelling (one in a class designated by the Secretary of State or the local authority) can, if the appropriate conditions are satisfied, require the local authority either to give him a grant towards the reinstatement of the dwelling or to repurchase it. The conditions for determining whether assistance takes the form of reinstatement grant or, alternatively, repurchase at 95% of defect-free value, are set out in sections 265 and 266 of the Act. One of those conditions (section 266(1)(d)) provides that, if the amount of any such grant is likely to exceed the total amount payable on the repurchase (including incidental expenses), the form of assistance must be by way or repurchase.