Antisocial Behaviour etc. (Scotland) Act 2004

[F1 97A Power to obtain information S

(1) A local authority may, for the purpose of enabling or assisting it to exercise any function under this Part, require any person appearing to it to fall within subsection (2) to provide the local authority with, in relation to any house within the local authority's area—

(a) confirmation of the nature of that person's interest in the house;

(b) the name and address of, and information about that person's relationship with, any other person whom that person knows to—

(i) own, occupy or have any other interest in the house;

(ii) act in relation to a lease or occupancy arrangement to which that house is subject; or

(iii) act for the person who owns the house with a view to a lease or occupancy arrangement being entered into in relation to that house;

(c) such other information relating to the house, or such other person, as the local authority may reasonably request.

(2) A person falls within this subsection if the person—

(a) owns, occupies or has any other interest in the house concerned;

(b) acts in relation to a lease or occupancy arrangement to which that house is subject; or

(c) acts for the person who owns the house with a view to a lease or occupancy arrangement being entered into in relation to that house.

(3) A local authority may, for the purpose of enabling or assisting it to exercise any function under this Part, require any person appearing to it to fall within subsection (4) to provide the local authority with—

(a) confirmation of the nature of that person's interest in any house within the local authority's area in relation to which the person acts;

(b) the address of any such house;

(c) the name and address of, and information about that person's relationship with, any other person whom that person knows to own any such house;

(d) such other information relating to any such house, or such other person, as the local authority may reasonably request.

(4) A person falls within this subsection if the person—

(a) acts in relation to a lease or occupancy arrangement to which any house within the local authority's area is subject; or

(b) acts for the person who owns the house with a view to a lease or occupancy arrangement being entered into in relation to such a house.

(5) A requirement under subsection (1) or (3) is to be made by serving it on the person concerned in accordance with section 97B.

(6) It is an offence for a person—

(a) without reasonable excuse, to fail to comply with a requirement made under this section; or

(b) knowingly or recklessly to provide information which is false or misleading in a material respect to a local authority or any other person—

(i) in purported compliance with a requirement made under this section; or

(ii) otherwise if the person knows, or could reasonably be expected to know, that the information may be used by, or provided to, a local authority in connection with its functions under this Part.

(7) A person guilty of such an offence is liable on summary conviction to a fine not exceeding level 2 on the standard scale.]

Textual Amendments

F1 Ss. 97A, 97B and cross-heading inserted (1.4.2013) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 9, 41(3); S.S.I. 2013/82, art. 2(1), sch.