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Antisocial Behaviour etc. (Scotland) Act 2004

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This is the original version (as it was originally enacted).

88Registered person: appointment of agent

This section has no associated Explanatory Notes

(1)Subsection (2) applies where—

(a)a person is registered by a local authority (the “registered person”); and

(b)the registered person appoints a person to act for the person in relation to—

(i)a lease; or

(ii)occupancy arrangement,

by virtue of which an unconnected person may use as a dwelling a house within the area of the authority which the registered person owns.

(2)The registered person shall, as soon as practicable after appointing the person, give notice in writing to the local authority of the appointment.

(3)The local authority shall, as soon as practicable after being given notice under subsection (2), determine whether the condition in subsection (4) is satisfied in relation to the person appointed.

(4)The condition is that the person is a fit and proper person to act for the registered person in relation to a lease or occupancy arrangement such as is mentioned in subsection (1)(b).

(5)Subsections (2) to (5) of section 85 shall apply for the purposes of subsection (4) as those subsections apply for the purposes of subsection (1) of that section.

(6)If the local authority determines that the condition in subsection (4) is satisfied—

(a)the registered person shall be deemed, with effect from the date of the determination, to be registered by virtue of subsection (4) of section 84; and

(b)the local authority shall give the registered person notice in writing of that fact.

(7)Subsection (6)(a) shall not affect the calculation of the period mentioned in section 84(6).

(8)If the local authority determines that the condition in subsection (4) is not satisfied, the authority shall remove the registered person from the register.

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