Search Legislation

Homelessness etc. (Scotland) Act 2003

Status:

This is the original version (as it was originally enacted).

SCHEDULENotice to local authorities of proceedings for possession and steps for enforcement of standard securities: modification of enactments

(introduced by section 11)

Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35)

1(1)The Conveyancing and Feudal Reform (Scotland) Act 1970 is amended as follows.

(2)After section 19A (notice to occupier of calling-up), insert—

19BNotice to local authority of calling-up

(1)Where a creditor in a standard security over an interest in land used to any extent for residential purposes serves a calling-up notice, the creditor shall give notice of that fact to the local authority in whose area the security subjects are situated, unless the creditor is that local authority.

(2)Notice under subsection (1) shall be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003 (asp 10).

(3)In section 21 (notice of default), in subsection (2A)—

(a)for “Section 19A of this Act applies” substitute “Sections 19A and 19B of this Act apply”,

(b)for “it applies” substitute “they apply”.

(4)In section 24 (application by creditor to court for remedies on default)—

(a)in subsection (3)—

(i)at the end of paragraph (a), the word “and” is repealed, and

(ii)at the end insert , and

(c)give notice of the application to the local authority in whose area the security subjects are situated, unless the creditor is that local authority.,

(b)in subsection (4), for “(3)” substitute “(3)(a) or (b)”,

(c)after subsection (4), insert—

(4A)Notice under subsection (3)(c) above shall be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003 (asp 10).

Rent (Scotland) Act 1984 (c. 58)

2After section 12 (extended discretion of court in claims for possession of certain dwelling-houses) of the Rent (Scotland) Act 1984, insert—

12ARequirement to notify local authority of proceedings for possession

(1)Where a landlord raises proceedings for possession of a dwelling-house which is let on a protected tenancy or subject to a statutory tenancy, the landlord shall give notice of the raising of the proceedings to the local authority in whose area the dwelling-house is situated.

(2)Notice under subsection (1) shall be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003 (asp 10).

Housing (Scotland) Act 1988 (c. 43)

3After section 19 (notice of proceedings for possession of house let on assured tenancy) of the Housing (Scotland) Act 1988, insert—

19ARequirement to notify local authority of proceedings for possession

(1)Where a landlord raises proceedings for possession of a house let on an assured tenancy, the landlord shall give notice of the raising of the proceedings to the local authority in whose area the house is situated, unless the landlord is that local authority.

(2)Notice under subsection (1) above shall be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003 (asp 10).

Housing (Scotland) Act 2001 (asp 10)

4(1)The 2001 Act is amended as follows.

(2)In section 14 (proceedings for possession of house let on Scottish secure tenancy), after subsection (5), insert—

(5A)Where a landlord raises proceedings under this section, the landlord must give notice of the raising of the proceedings to the local authority in whose area the house in question is situated, unless the landlord is that local authority.

(5B)Notice under subsection (5A) is to be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003 (asp 10).

(3)In section 36 (proceedings for possession of house let on short Scottish secure tenancy), after subsection (6), insert—

(6A)Where a landlord raises proceedings under this section, the landlord must give notice of the raising of the proceedings to the local authority in whose area the house in question is situated, unless the landlord is that local authority.

(6B)Notice under subsection (6A) is to be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003 (asp 10).

Mortgage Rights (Scotland) Act 2001 (asp 11)

5In section 4 (notices to debtors, proprietors and occupiers) of the Mortgage Rights (Scotland) Act 2001—

(a)in subsection (4)—

(i)at the end of paragraph (a), the word “and” is repealed,

(ii)at the end insert , and

(c)give notice of the commencement of the proceedings to the local authority in whose area the security subjects are situated, unless the creditor is that local authority.,

(b)in subsection (5), for “(4)” substitute “(4)(a) or (b)”,

(c)after subsection (5), insert—

(5A)Notice under subsection (4)(c) is to be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003 (asp 10).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources