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Antisocial Behaviour etc. (Scotland) Act 2004

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This is the original version (as it was originally enacted).

85Section 84: considerations

This section has no associated Explanatory Notes

(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;

(ii)violence; or

(iii)drugs;

(b)practised unlawful discrimination on grounds of sex, colour, race, ethnic or national origins or disability in, or in connection with, the carrying on of any business; or

(c)contravened any provision of—

(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.

(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.

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

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