Antisocial Behaviour etc. (Scotland) Act 2004

85 Section 84: considerations S

(1) In deciding for the purposes of section 84(3) or (4) whether the relevant person or, as the case may be, the person is a fit and proper person, the local authority shall have regard (among other things) to any material falling within subsections (2) to (4).

(2) Material falls within this subsection if it shows that the relevant person or, as the case may be, the person has—

(a) committed any offence involving—

(i) fraud or other dishonesty;

[F1 (ia) firearms (within the meaning of section 57(1) of the Firearms Act 1968 (c. 27));]

(ii) violence; or

(iii) drugs;

[F2 (aa) committed a sexual offence (within the meaning of section 210A(10) of the Criminal Procedure (Scotland) Act 1995 (c. 46));]

(b) practised unlawful discrimination F3 . . . in, or in connection with, the carrying on of any business; or

(c) contravened any provision of—

[F4 (zi) any Letting Code issued under section 92A;]

(i) the law relating to housing; or

(ii) landlord and tenant law.

(3) Material falls within this subsection if it relates to any actings of the relevant person or, as the case may be, the person as respects antisocial behaviour affecting a house—

(a) subject to a lease or occupancy arrangement such as is mentioned in section 84(3)(c); and

(b) in relation to which the relevant person was (or is) the landlord under the lease or arrangement or, as the case may be, the person was (or is) acting for the landlord in relation to the lease or arrangement.

[F5 (3A) Material falls within this subsection if it relates to any agreement between the relevant person and any person in terms of which that person acts for the relevant person in relation to a lease or occupancy arrangement such as is mentioned in section 84(3)(c).]

(4) Material falls within this subsection if it appears to the authority that the material is relevant to the question of whether the relevant person or, as the case may be, the person is a fit and proper person.

[F6 (4A) A local authority need not, despite subsection (1), have regard to any material falling within subsection (3A) in deciding for the purposes of section 84(4) whether a person specified in an application by virtue of section 83(1)(c) is a fit and proper person to act for a landlord.]

(5) In subsection (3), “actings” includes failure to act.

[F7 (6) Examples of material which falls within subsection (2) (as mentioned in paragraph (c)(i) or (ii)) are (without prejudice to the generality of that provision)—

(a) an offence or disqualification under—

(i) this Part;

(ii) Part 5 of the Housing (Scotland) Act 2006 (asp 1);

(b) a repairing standard enforcement order made under section 24(2) of that Act.

(7) Examples of material which falls within subsection (3) are (without prejudice to the generality of that provision)—

(a) an antisocial behaviour order (or any interim order) within the meaning of Part 2;

(b) an antisocial behaviour notice within the meaning of Part 7.

(8) Examples of material which falls within subsection (4) are (without prejudice to the generality of that provision)—

(a) complaints and other information which come to the attention of the local authority concerning the relevant person or, as the case may be the person, in relation to the fulfilment of any financial obligation in respect of any house which is included in the application;

(b) concerns and other information which come to the attention of the local authority in the exercise of any of its functions in connection with any house which is included in the application;

(c) where section 85A(3)(b) applies, the relevant person fails to provide the certificate within the period the local authority directs.

(9) The Scottish Ministers may by order modify subsection (2).]

Textual Amendments

F1 S. 85(2)(a)(ia) inserted (1.7.2012) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 1(1)(a)(i), 41(3); S.S.I. 2012/150, art. 2(1)

F2 S. 85(2)(aa) inserted (1.7.2012) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 1(1)(a)(ii), 41(3); S.S.I. 2012/150, art. 2(1)

F3 Words in s. 85(2)(b) repealed (29.1.2006) by Housing (Scotland) Act 2006 (asp 1), ss. 176(5), 195 (with s. 193); S.S.I. 2006/14, art. 2

F4 S. 85(2)(c)(zi) inserted (5.7.2006) by Housing (Scotland) Act 2006 (asp 1), ss. 175(2)(a), 195 (with s. 193); S.S.I. 2006/395, art. 2, Table

F5 S. 85(3A) inserted (5.7.2006) by Housing (Scotland) Act 2006 (asp 1), ss. 175(2)(b), 195 (with s. 193); S.S.I. 2006/395, art. 2, Table

F6 S. 85(4A) inserted (5.7.2006) by Housing (Scotland) Act 2006 (asp 1), ss. 175(2)(c), 195 (with s. 193); S.S.I. 2006/395, art. 2, Table

F7 S. 85(6)-(9) inserted (1.7.2012) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 1(1)(b), 41(3); S.S.I. 2012/150, art. 2(1)

Modifications etc. (not altering text)

C1 S. 85 applied (31.8.2011) by Housing (Scotland) Act 2006 (asp 1), ss. 130(3), 195(3) (with s. 193); S.S.I. 2010/159, art. 3