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Commencement Orders bringing provisions within this Act into force:

Part 1SHousing standards

Chapter 1SHousing renewal areas

Designation of housing renewal areasS

1Housing renewal areas: criteriaS

A local authority may by order designate any locality in its area as a housing renewal area (“HRA”) if it considers—

(a)that a significant number of the houses in the locality are sub-standard, or

(b)that the appearance or state of repair of any houses in the locality is adversely affecting the amenity of that locality.

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Commencement Information

I1S. 1 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

2Housing renewal areas: procedureS

(1)An order designating any locality as an HRA (an “HRA designation order”) must—

(a)set out the reasons for the designation by reference to section 1, and

(b)include—

(i)an HRA action plan, and

(ii)a map delineating the HRA.

F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Schedule 1 makes further provision about the procedure for making HRA designation orders.

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Amendments (Textual)

Commencement Information

I2S. 2 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

3HRA action plansS

(1)An HRA action plan is a strategy for securing an improvement in the condition and quality of housing in the HRA.

(2)Such a plan must—

(a)identify each house in the HRA which the local authority considers to be sub-standard and, in relation to each, specify whether the local authority considers that the house—

(i)ought to be closed or demolished under Part 6 (houses which fail tolerable standard or constitute obstructive buildings) of the 1987 Act,

(ii)requires to be demolished under section 29 (dangerous buildings) of the Building (Scotland) Act 2003 (asp 8),

(iii)is in a state of serious disrepair and ought to be demolished, or

(iv)ought to have work carried out in or in relation to it for the purposes of bringing it into, and keeping it in, a reasonable state of repair,

(b)identify any house in the HRA which ought to have work carried out in or in relation to it for the purposes of enhancing the amenity of the HRA,

(c)specify—

(i)any standard to which any demolition required by the plan is to be carried out (including any standard to which the site of the demolished house must be cleared),

(ii)the work which the plan requires to be carried out,

(iii)any standard which must be met on completion of that work, and

(iv)any step which the local authority requires to be taken in carrying out that work,

(d)describe the general effect of Part 15 (compensation payments) of the 1987 Act and Part 2 (scheme of assistance) of this Act in so far as they apply in relation to houses identified in the plan, and

(e)specify the period within which the local authority intends to secure the implementation of the plan.

(3)The work specified in an HRA action plan may include work which is intended to—

(a)improve the safety or security of any houses or persons,

(b)reduce the long-term costs of maintaining any houses, or

(c)enhance the amenity of any houses.

(4)An HRA action plan may also specify work which ought to be carried out in or in relation to any house in the HRA which is adjacent to, or otherwise associated with, any house identified in it.

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Commencement Information

I3S. 3 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

4Variation of HRA designation orderS

(1)The local authority may, on the request of the owner of any house identified in an HRA action plan as a house in or in relation to which work ought to be carried out, vary an HRA designation order.

(2)The local authority must consult—

(a)the owner concerned, and

(b)any other person whom it considers likely to be affected by the proposed variation,

before deciding whether to vary an HRA designation order under subsection (1).

(3)A variation under subsection (1) may vary the HRA action plan only; and may do so only so far as it affects the house owned by the person who made the request.

(4)The local authority may, at any time, vary an HRA designation order in a way which it considers unlikely to adversely affect any person significantly.

(5)The local authority must give notice of any variation made under subsection (1) or (4) to—

(a)any person whom it considers likely to be affected by the variation, and

(b)such other persons as it thinks fit.

(6)The notice must—

(a)describe the general effect of the variation, and

(b)specify the places where, and the times at which, a copy of the HRA designation order as varied is to be made available under section 7.

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Commencement Information

I4S. 4 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

5Revocation of HRA designation orderS

(1)The local authority must revoke an HRA designation order if it is—

(a)satisfied that the HRA action plan has been implemented, F2...

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The local authority mayF3... otherwise revoke an HRA designation order at any time if it is satisfied that there has been a change in circumstances which justifies such a revocation.

(3)Any work notice given for the purpose of implementing an HRA action plan is to cease to have effect on revocation of the HRA designation order which includes that plan.

(4)The local authority must give notice of a revocation under subsection F4... (2) to any person whom it considers likely to be affected by the revocation.

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Amendments (Textual)

Commencement Information

I5S. 5 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

6Directions concerning identification of housing renewal areasS

(1)A local authority must comply with any directions given by the Scottish Ministers concerning identification of areas suitable to be designated as HRAs.

(2)A direction given for the purpose of subsection (1) may—

(a)be given generally, or

(b)make different provision for different cases and, in particular, for different areas, different localities, different types of local authority or in respect of any particular local authority or authorities.

(3)Such a direction may be varied or revoked at any time.

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Commencement Information

I6S. 6 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

7Public access to HRA designation ordersS

(1)The local authority must make a copy of each HRA designation order in force for its area (including any variations) available for public inspection, free of charge.

(2)It is for the local authority to determine the form and manner in which, and the places where, a copy HRA designation order is made available; but in so doing the local authority must ensure that the copy order is made reasonably obtainable.

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Commencement Information

I7S. 7 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

Implementation of HRA action plansS

8Implementation: duties of local authorityS

(1)A local authority which has designated an HRA must take such steps as are reasonably practicable for the purposes of securing the implementation of the HRA action plan.

(2)Those steps must include—

(a)informing the owners and occupiers of houses identified in the HRA action plan about the way in which it intends to secure implementation of the plan, and

(b)from time to time, giving those owners and occupiers progress reports about the implementation of the plan.

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Commencement Information

I8S. 8 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

9Duty to rehouse displaced residentsS

(1)This section applies where—

(a)a person is to be displaced permanently from any living accommodation as a result of the implementation of an HRA action plan, and

(b)that living accommodation was the only or main residence of that person on the day on which notice of the relevant HRA designation order was first given in accordance with schedule 1.

(2)Where this section applies the local authority must, if so requested by the person to be displaced, ensure—

(a)that the person is provided with suitable alternative living accommodation on reasonable terms, and

(b)in so far as practicable, that the living accommodation which is so provided is in, or within a reasonable distance of, the locality of the living accommodation from which the person is to be displaced.

(3)The reference in subsection (2) to suitable alternative living accommodation is a reference to living accommodation which is suitable for occupation by the person to be displaced and any other person whose only or main residence on the day referred to in subsection (1)(b) would, but for the location of that other person's place of work or of any educational institution which the person attends, have been the living accommodation concerned.

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Commencement Information

I9S. 9 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

Chapter 2SStrategic housing functions

10Local housing strategiesS

In section 89 (duty to prepare a local housing strategy) of the Housing (Scotland) Act 2001 (asp 10)—

(a)in subsection (5), before paragraph (a) insert—

(za)improves the standard of housing in the authority's area,,

(b)after that subsection insert—

(5A)The local housing strategy must, in particular, set out—

(a)a strategy for ensuring compliance with section 85(1) (duty to close, demolish or improve houses which do not meet the tolerable standard) of the Housing (Scotland) Act 1987 (c. 26),

(b)the authority's policy for identifying parts of its area for designation under section 1 (housing renewal areas) of the Housing (Scotland) Act 2006 (asp 1),

(c)a strategy for improving the condition of houses by providing or arranging for the provision of assistance under Part 2 of the Housing (Scotland) Act 2006 (asp 1)..

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Commencement Information

I10S. 10 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

Chapter 3SThe tolerable standard

11Amendment of the tolerable standardS

(1)Section 86 (definition of house meeting the tolerable standard) of the 1987 Act is amended as follows.

(2)In subsection (1)—

(a)after paragraph (c) insert—

(ca)has satisfactory thermal insulation;,

(b)in paragraph (f), after “closet” insert “ or waterless closet ”,

(c)after paragraph (g) insert—

(ga)in the case of a house having a supply of electricity, complies with the relevant requirements in relation to the electrical installation for the purposes of that supply;

“the electrical installation” is the electrical wiring and associated components and fittings, but excludes equipment and appliances;

“the relevant requirements” are that the electrical installation is adequate and safe to use;.

(3)After subsection (1), insert—

(1A)In construing any such reference, regard shall be had to any guidance issued by the Scottish Ministers.

(1B)The Scottish Ministers must issue the guidance in such manner as they consider appropriate for bringing it to the notice of local authorities and other persons with an interest.

(1C)The Scottish Ministers may vary or revoke any such guidance..

(4)After subsection (2), insert—

(2A)An order under subsection (2) is to be made by statutory instrument, and no such order is to be made unless a draft of the order has been laid before and approved by resolution of the Scottish Parliament..

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Commencement Information

I11S. 11 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

Chapter 4SThe repairing standard

Landlord's duty to repair and maintainS

12Tenancies to which repairing standard duty appliesS

(1)This Chapter applies to any tenancy of a house let for human habitation unless it is—

(a)a Scottish secure tenancy or a short Scottish secure tenancy,

(b)a tenancy of a house retained or purchased by a local authority under section 121 of the 1987 Act for use as housing accommodation,

(c)a tenancy of a house which is—

(i)on land comprised in a lease constituting—

(A)a 1991 Act tenancy (within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11)),

(B)a short limited duration tenancy (within the meaning of that Act), or

(C)a limited duration tenancy (within the meaning of that Act), and

(ii)occupied by the tenant of the relevant lease,

(d)a tenancy of a house on a croft (within the meaning of the Crofters (Scotland) Act 1993 (c. 44)), or

(e)a tenancy of a house on a holding situated outwith the crofting counties (within the meaning of that Act of 1993) to which any provision of the Small Landholders (Scotland) Acts 1886 to 1931 applies.

(2)A reference in this Chapter to a tenancy refers only to a tenancy to which this Chapter applies.

13The repairing standardS

(1)A house meets the repairing standard if—

(a)the house is wind and water tight and in all other respects reasonably fit for human habitation,

(b)the structure and exterior of the house (including drains, gutters and external pipes) are in a reasonable state of repair and in proper working order,

(c)the installations in the house for the supply of water, gas and electricity and for sanitation, space heating and heating water are in a reasonable state of repair and in proper working order,

(d)any fixtures, fittings and appliances provided by the landlord under the tenancy are in a reasonable state of repair and in proper working order,

(e)any furnishings provided by the landlord under the tenancy are capable of being used safely for the purpose for which they are designed, F5...

(f)the house has satisfactory provision for detecting fires and for giving warning in the event of fire or suspected fire[F6, and

(g)the house has satisfactory provision for giving warning if carbon monoxide is present in a concentration that is hazardous to health.]

(2)In determining whether a house meets the standard of repair mentioned in subsection (1)(a), regard is to be had to the extent (if any) to which the house, by reason of disrepair or sanitary defects, falls short of the provisions of any building regulations.

(3)In determining whether a house meets the standard of repair mentioned in subsection (1)(b), regard is to be had to—

(a)the age, character and prospective life of the house, and

(b)the locality in which the house is situated.

(4)The reference in subsection (1)(c) to installations in a house includes reference to installations outwith the house which, directly or indirectly, serve the house and which the owner is responsible for maintaining (solely or in common with others) by virtue of ownership, any real burden or otherwise.

[F7(4A)In determining whether a house meets the standard of repair mentioned in subsection (1)(c) and (d) in relation to installations for the supply of electricity and electrical fixtures, fittings and appliances, regard is to be had to any guidance issued by the Scottish Ministers on electrical safety standards.]

(5)In determining whether a house meets the standard of repair mentioned in subsection (1)(f), regard is to be had to any building regulations and any guidance issued by the Scottish Ministers on provision for detecting fires and for giving warning in the event of fire or suspected fire.

[F8(6)In determining whether a house meets the standard of repair mentioned in subsection (1)(g), regard is to be had to any building regulations and any guidance issued by the Scottish Ministers on provision for giving warning if carbon monoxide is present in a concentration that is hazardous to health.]

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Amendments (Textual)

F6S. 13(1)(g) and word inserted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 22(b), 104(3); S.S.I. 2015/272, art. 2, Sch.

14Landlord's duty to repair and maintainS

(1)The landlord in a tenancy must ensure that the house meets the repairing standard—

(a)at the start of the tenancy, and

(b)at all times during the tenancy.

(2)The duty imposed by subsection (1) includes a duty to make good any damage caused by carrying out any work for the purposes of complying with the duty in that subsection.

(3)The duty imposed by subsection (1)(b) applies only where—

(a)the tenant notifies the landlord, or

(b)the landlord otherwise becomes aware,

that work requires to be carried out for the purposes of complying with it.

(4)The landlord complies with the duty imposed by subsection (1)(b) only if any work which requires to be carried out for the purposes of complying with that duty is completed within a reasonable time of the landlord being notified by the tenant, or otherwise becoming aware, that the work is required.

15Application of duty in relation to flats etc.S

(1)Where a house forms part only of any premises, the reference in section 13(1)(b) to the house includes reference to any part of those premises which the owner of the house is responsible for maintaining (solely or in common with others) by virtue of ownership, any real burden or otherwise.

(2)Nothing in subsection (1) requires the landlord to carry out any work unless any part of the premises, or anything in the premises, which the tenant is entitled to use is adversely affected by the disrepair or failure to keep in proper working order.

16Exceptions to landlord's repairing dutyS

(1)The duty imposed by section 14(1) does not require—

(a)any work to be carried out which the tenant is required by the terms of the tenancy to carry out,

(b)any work to be carried out for which the tenant—

(i)is liable by virtue of the tenant's duty to use the house in a proper manner, or

(ii)would be so liable but for any express undertaking on the landlord's part,

(c)the house to be rebuilt or reinstated in the event of destruction or damage by fire or by storm, flood or other inevitable accident, or

(d)the repair or maintenance of anything that the tenant is entitled to remove from the house.

(2)The exception made by subsection (1)(a) applies only if the tenancy concerned is—

(a)for a period of not less than 3 years, and

(b)not determinable at the option of either party within 3 years of the start of the tenancy.

(3)Where the terms of a tenancy are not agreed until after the tenancy starts, the tenancy is, for the purposes of subsection (2), to be treated as starting on the date of agreement.

(4)A landlord is not to be treated as having failed to comply with the duty imposed by section 14(1) where the purported failure occurred only because the landlord lacked necessary rights (of access or otherwise) despite having taken reasonable steps for the purposes of acquiring those rights.

17Prohibition on contracting outS

(1)The terms of a tenancy and of any other agreement between the landlord and the tenant are of no effect in so far as they purport to—

(a)require the tenant to carry out, or to pay for or contribute towards the cost of, any work which the landlord requires to ensure be carried out for the purposes of complying with the duty imposed by section 14(1),

(b)exclude or limit that duty, or

(c)provide for termination of the tenancy, or impose on the tenant any penalty, disability or obligation, in the event of the tenant enforcing compliance by the landlord of that duty.

(2)This section is subject to any contrary provision made by order under section 18.

18Contracting out with consent of sheriffS

(1)The sheriff may, on the application of the landlord or the tenant, by order exclude or modify the application to the tenancy of any of the provisions of sections 14, 15 and 17.

(2)An order under subsection (1) may be made only if—

(a)the other party under the tenancy consents, and

(b)the sheriff, having regard to the terms of the tenancy and to all the circumstances, considers that it is reasonable to do so.

19Pre-tenancy inspectionS

The landlord must—

(a)inspect the house before the tenancy starts for the purpose of identifying any work necessary to comply with the duty imposed by section 14(1)(a), and

(b)notify the tenant of any such work.

[F919ADuty to ensure regular electrical safety inspectionsS

(1)The landlord must ensure that regular inspections are carried out for the purpose of identifying any work which—

(a)relates to installations for the supply of electricity and electrical fixtures, fittings and appliances, and

(b)is necessary to ensure that the house meets the repairing standard.

(2)The duty in subsection (1) is complied with if—

(a)an inspection has been carried out before the tenancy starts (but not earlier than 5 years before the start of the tenancy), and

(b)inspections are carried out during the tenancy at such intervals to ensure that there is a period of no more than 5 years between each inspection.

(3)The landlord must—

(a)before the start of the tenancy, provide the tenant with a copy of the record of the most recent inspection carried out, and

(b)provide the tenant with a copy of the record of any inspection carried out during the tenancy.

(4)For the purposes of sections 16(4), 17, 22 and 24 and schedule 2, references to a duty under section 14(1) include the duties under this section.

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Amendments (Textual)

19BElectrical safety inspectionsS

(1)An inspection carried out in pursuance of section 19A must be carried out by a competent person.

(2)The person carrying out the inspection must prepare a record of the inspection including the following information—

(a)the date on which the inspection was carried out,

(b)the address of the house inspected,

(c)the name and address of the landlord or the landlord's agent,

(d)the name, address and relevant qualifications of the person who carried out the inspection,

(e)a description, and the location, of each installation, fixture, fitting and appliance inspected,

(f)any defect identified,

(g)any action taken to remedy a defect.

(3)A copy of the record must be—

(a)given to the landlord, and

(b)retained by the landlord for a period of 6 years.

(4)The Scottish Ministers must publish guidance on the carrying out of inspections.

(5)In determining who is competent to carry out an inspection, the landlord must have regard to the guidance.]

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Amendments (Textual)

20Tenant's right to information about landlord's dutyS

(1)The landlord must, on or before the start of a tenancy, provide the tenant with written information about the effect of this Chapter in relation to the tenancy.

(2)The Scottish Ministers may issue guidance to such persons as they think fit about the form and content of information to be provided under subsection (1) and the manner in which the information should be provided.

(3)Any landlord to whom such guidance is issued must have regard to it.

(4)The Scottish Ministers may vary or revoke any such guidance.

[F1020A Power to modify repairing standard etc. S

(1)The Scottish Ministers may by regulations vary or extend the repairing standard and a landlord's duty to ensure a house meets that standard.

(2)Regulations under subsection (1) may, in particular, make provision about—

(a)the tenancies to which this Chapter applies,

(b)determining whether a house meets the repairing standard,

(c)carrying out inspections in relation to the repairing standard.

(3)Regulations under subsection (1) may modify sections 12 to 14 and any other provision of this Chapter.]

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Amendments (Textual)

Enforcement of repairing standardS

F1121Naming of panel and re-naming of committeesS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

22[F12Application in respect of the repairing standard]S

(1)A tenant may apply to the [F13First-tier Tribunal] for determination of whether the landlord has failed to comply with the duty imposed by section 14(1)(b).

[F14(1A)A person mentioned in subsection (1B) may apply to the [F15First-tier Tribunal] for determination of whether a landlord has failed to comply with the duty imposed by section 14(1)(b) (a person who makes such an application being referred to as a “third party applicant”).

(1B)The persons are—

(a)a local authority,

(b)a person specified by order made by the Scottish Ministers.]

(2)An application under subsection [F16(1) or (1A) must set out the tenant's, or as the case may be, the third party applicant's] reasons for considering that the landlord has failed to comply with that duty.

(3)No [F17application under this section may be made unless the person making the application] has notified the landlord that work requires to be carried out for the purpose of complying with that duty.

(4)No [F18application under this section] may be made where the landlord is—

(a)a local authority landlord (within the meaning of the Housing (Scotland) Act 2001 (asp 10)),

(b)a registered social landlord (being a body registered in the register maintained under [F19section 20(1) of the Housing (Scotland) Act 2010 (asp 17)]),

F20(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)Scottish Water.

[F21(4A)The tenant of the house concerned is entitled to be a party in the determination of any application made under subsection (1A).]

(5)Schedule 2 makes further provision about the procedure for making and determining an application under this section.

F22(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F12S. 22 heading substituted (1.12.2015) by virtue of Housing (Scotland) Act 2014 (asp 14), ss. 25(2), 104(3); S.S.I. 2015/349, art. 3, sch.

F14S. 22(1A)(1B) inserted (1.12.2015 for specified purposes, 1.4.2016 for specified purposes, 1.6.2016 in so far as not already in force) by Housing (Scotland) Act 2014 (asp 14), ss. 25(1)(a), 104(3); S.S.I. 2015/349, art. 3, sch.

F16Words in s. 22(2) substituted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(1)(b), 104(3); S.S.I. 2015/349, art. 3, sch.

F17Words in s. 22(3) substituted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(1)(c), 104(3); S.S.I. 2015/349, art. 3, sch.

F18Words in s. 22(4) substituted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(1)(d), 104(3); S.S.I. 2015/349, art. 3, sch.

F19Words in s. 22(4)(b) substituted (1.4.2012) by Housing (Scotland) Act 2010 (asp 17), s. 166(2), Sch. 2 para. 14; S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2) (as amended (1.4.2012) by S.S.I. 2012/91, art. 4)

Commencement Information

I12S. 22 wholly in force at 3.9.2007; s. 22 not in force at Royal Assent see s. 195(3); s. 22(5) in force for certain purposes at 4.12.2006 by S.S.I. 2006/569, art. 2; s. 22 in force at 3.9.2007 by S.S.I. 2007/270, {art. 3 Table}

[F2322AInformation to be given to local authorityS

(1)On receipt of an application under section 22(1) [F24, or under section 22(1A) where the applicant is not a local authority], the [F25First-tier Tribunal] must provide the information mentioned in subsection (2) to the local authority for the area in which the house concerned is situated for the purpose of the local authority maintaining the register under section 82(1) of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8).

(2)The information is—

(a)the address of the house concerned,

(b)the name of the landlord of the house (if known),

(c)the landlord's address (if known),

(d)the landlord registration number of the landlord (if known), and

(e)the name and address (if known) of any person who acts as agent for the landlord.]

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Amendments (Textual)

F24Words in s. 22A(1) inserted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(3), 104(3); S.S.I. 2015/349, art. 3, sch.

23[F26Consideration of applications]S

(1)[F27The Chamber President] must decide whether to—

(a)refer an application under section 22(1) [F28or 22(1A)] to [F29the First-tier Tribunal] , or

(b)reject the application.

(2)The [F30Chamber President] may reject an application only if the [F30Chamber President] considers—

(a)that it is vexatious or frivolous,

(b)where the tenant [F31or third party applicant] has previously made an identical or substantially similar application in relation to the same house, that there has not been a reasonable period of time between the applications, or

(c)that the dispute to which the application relates has been resolved.

(3)The [F32Chamber President] must make a decision under subsection (1)—

(a)within 14 days of the [F33First-tier Tribunal’s] receipt of the application concerned, or

(b)where the [F34Chamber President] considers—

(i)that the decision cannot be made without further information, or

(ii)that there is a reasonable prospect of the dispute being resolved by the parties,

by such later date as the [F35Chamber President] considers reasonable.

(4)The [F36Chamber President] must, as soon as practicable after rejecting an application [F37under section 22(1)] give notice of the rejection—

(a)to the tenant, and

(b)where the [F36Chamber President] is aware of the name and address of a person who acts for the tenant in relation to the application, to that person.

[F38(4A)The [F39Chamber President] must, as soon as practicable after rejecting an application under section 22(1A) give notice of the rejection to—

(a)the third party applicant, and

(b)the tenant.]

(5)[F40A notice under subsection (4) or (4A)] must—

(a)set out the reasons for the rejection, and

(b)explain the procedure for appealing against it.

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Amendments (Textual)

F31Words in s. 23(2)(b) inserted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(4)(b), 104(3); S.S.I. 2015/349, art. 3, sch.

F40Words in s. 23(5) substituted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(4)(e), 104(3); S.S.I. 2015/349, art. 3, sch.

[F4123A.Delegation of Chamber President’s functionsS

(1)The Chamber President may delegate the Chamber President’s functions under this Act to any legal or ordinary member of the First-tier Tribunal.

(2)A delegation under this section does not affect the Chamber President’s—

(a)responsibility for the carrying out of delegated functions, or

(b)ability to carry out delegated functions.]

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Amendments (Textual)

24[F42Determination by the First-tier Tribunal]S

(1)The [F43First-tier Tribunal, must in relation to an application under section 22(1) or (1A)] decide whether the landlord has complied with the duty imposed by section 14(1)(b).

(2)Where the [F44First-tier Tribunal decides] that the landlord has failed to comply with that duty, [F45it] must by order (a “repairing standard enforcement order”) require the landlord to carry out such work as is necessary for the purposes of ensuring—

(a)that the house concerned meets the repairing standard, and

(b)that any damage caused by the carrying out of any work in pursuance of that duty or the order is made good.

(3)A repairing standard enforcement order must specify the period within which the work required by the order must be completed.

(4)The period so specified must be the period beginning with the date from which the order has effect within which the [F46First-tier Tribunal reasonably considers] that the work required can be completed (but must not, in any case, be a period of less than 21 days).

(5)A repairing standard enforcement order may specify particular steps which the [F47First-tier Tribunal requires] the landlord to take in complying with the order.

(6)Where the [F48First-tier Tribunal is] prevented by reason only of section 16(4) from deciding that a landlord has failed to comply with the duty imposed by section 14(1)(b), the [F49First-tier Tribunal] must serve notice on the local authority stating that [F50it considers] the landlord to be unable to comply with that duty.

(7)Where the sheriff has made an order under section 18(1) in relation to a tenancy—

(a)the [F51First-tier Tribunal] must, when determining whether the landlord has failed to comply with the duty imposed by section 14(1)(b), treat sections 14, 15 and 17 as having been modified or excluded in the manner described in the sheriff's order,

(b)a repairing standard enforcement order may not require the carrying out of any work which the duty imposed by section 14(1)(b) does not, because of that modification or exclusion, require to be carried out.

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Amendments (Textual)

25Variation and revocation of repairing standard enforcement ordersS

(1)[F52Where the First-tier Tribunal has made a repairing standard enforcement order, it] may, at any time—

(a)vary the order in such manner as [F53it considers] reasonable, or

(b)where [F53it considers] that the work required by the order is no longer necessary, revoke it.

(2)Where subsection (3) applies, the [F54First-tier Tribunal] must vary the repairing standard enforcement order in question—

(a)so as to extend, or further extend, the period within which the work required by the order must be completed, and

(b)in such other manner as [F55it thinks] fit.

(3)This subsection applies where—

(a)the [F56First-tier Tribunal considers], on the submission of the landlord or otherwise, that the work required by a repairing standard enforcement order has not been, or will not be, completed during the period within which the order requires the work to be completed, and

(b)the [F57First-tier Tribunal]

(i)[F58considers] that satisfactory progress has been made in carrying out the work required, or

(ii)[F59has] received a written undertaking from the landlord stating that the work required will be completed by a later date which the [F57First-tier Tribunal] consider satisfactory.

(4)References in this Act (including this section) to a repairing standard enforcement order or to work required by such an order are, where the order has been varied under this section, to be treated as references to the order as so varied or, as the case may be, to work required by the order as so varied.

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Amendments (Textual)

26Effect of failure to comply with repairing standard enforcement orderS

(1)It is for the [F60First-tier Tribunal] to decide whether a landlord has complied with a repairing standard enforcement order made by the [F61First-tier Tribunal].

(2)Where the [F62First-tier Tribunal decides] that a landlord has failed to comply with the repairing standard enforcement order, the [F63First-tier Tribunal] must—

(a)serve notice of the failure on the local authority, and

(b)decide whether to make a rent relief order.

(3)The [F64First-tier Tribunal] may not decide that a landlord has failed to comply with a repairing standard enforcement order—

(a)unless the period within which the order requires the work to be completed has ended, or

(b)if the [F65First-tier Tribunal is] satisfied, on the submission of the landlord or otherwise—

(i)that the landlord is unable to comply with the order because of a lack of necessary rights (of access or otherwise) despite having taken reasonable steps for the purposes of acquiring those rights, or

(ii)that the work required by the order is likely to endanger any person.

(4)Where the [F66First-tier Tribunal is] prevented by reason only of subsection (3)(b) from deciding that a landlord has failed to comply with a repairing standard enforcement order, the [F67First-tier Tribunal] must serve notice on the local authority stating that [F68it considers] the landlord to be unable to comply with the repairing standard enforcement order.

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Amendments (Textual)

27Rent relief ordersS

(1)A rent relief order is an order by [F69the First-tier Tribunal] which reduces any rent payable under the tenancy in question by such amount (not exceeding 90% of the rent which would, but for the order, be payable) as may be specified in the order.

(2)[F70The First-tier Tribunal] may make a rent relief order only where [F71it has] decided that a landlord has failed to comply with a repairing standard enforcement order which has effect in relation to the house concerned.

(3)A rent relief order does not affect the terms or validity of the tenancy to which it relates (otherwise than by reducing the rent payable under the tenancy).

(4)The [F72First-tier Tribunal] may decide to revoke a rent relief order at any time; and the [F72First-tier Tribunal] must decide to do so if—

(a)the repairing standard enforcement order to which the rent relief order relates is revoked, or

(b)a certificate is granted under section 60 in relation to the work required by that repairing standard enforcement order.

(5)The revocation of a rent relief order does not make a tenant liable to pay any rent which the tenant would, but for the rent relief order, have been liable to pay under the tenancy while the rent relief order had effect.

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Amendments (Textual)

28The repairing standard: offencesS

(1)A landlord who, without reasonable excuse, fails to comply with a repairing standard enforcement order commits an offence.

(2)For the purposes of subsection (1), a landlord has reasonable excuse for failing to comply with a repairing standard enforcement order if—

(a)the landlord is unable to comply with the order because of a lack of necessary rights (of access or otherwise) despite having taken reasonable steps for the purposes of acquiring those rights, or

(b)the work required by the order is likely to endanger any person.

(3)Subsection (2) does not affect the generality of the defence of reasonable excuse.

(4)A landlord cannot be guilty of an offence under subsection (1) unless the [F73First-tier Tribunal] has decided that the landlord has failed to comply with it (but such a decision does not establish a presumption that the landlord has committed an offence under subsection (1)).

(5)A landlord commits an offence if the landlord enters into a tenancy or occupancy arrangement in relation to a house at any time during which a repairing standard enforcement order has effect in relation to the house.

(6)A landlord does not commit an offence under subsection (5) if the [F74First-tier Tribunal] has consented to the landlord entering into the tenancy or occupancy arrangement.

(7)A landlord who is guilty of an offence under subsection (1) or (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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Amendments (Textual)

[F7528A[F76Landlord application to the First-tier Tribunal]S

(1)A landlord may apply to the [F77First-tier Tribunal] for assistance under section 28C in exercising the landlord's right of entry to the house concerned under section 181(4).

(2)The [F78Chamber President] must allocate an application under subsection (1) to an individual member of the [F79First-tier Tribunal] , and may subsequently reallocate it at any time to another individual member of the [F79First-tier Tribunal] (the member to whom it is, for the time being, allocated being referred to as “the [F79First-tier Tribunal] member”).

(3)The [F80First-tier Tribunal] member must decide whether—

(a)to assist the landlord in exercising the landlord's right of entry to the house concerned under section 181(4) in accordance with section 28C, or

(b)to reject the application (and notify the landlord accordingly).

(4)The [F81First-tier Tribunal] member may require the landlord to produce such further information as the [F81First-tier Tribunal] member considers necessary to reach a decision on the application.

(5)Where the [F82First-tier Tribunal] member decides to assist the landlord under subsection (3)(a) the [F82First-tier Tribunal] member must send the landlord and the tenant a notice—

(a)indicating that—

(i)the [F82First-tier Tribunal] member has decided to assist the landlord, and

(ii)the [F82First-tier Tribunal] member will be seeking to arrange a suitable time for the landlord to exercise the landlord's right of entry under section 181(4), and

(b)informing the tenant of the tenant's right under subsection (6).

(6)A tenant may, within the period of 14 days beginning with the date of receipt of a notice under subsection (5) (or such longer period as the [F83First-tier Tribunal] member considers appropriate in the circumstances), make representations to the [F83First-tier Tribunal] member as to why it is inappropriate or unnecessary for the landlord to exercise the landlord's right of entry under section 181(4) at that time.

(7)Where representations are made by the tenant under subsection (6), the [F84First-tier Tribunal] member—

(a)may make such further enquiries of the landlord and tenant as the [F84First-tier Tribunal] member considers appropriate, and

(b)must decide whether to—

(i)continue to assist the landlord, or

(ii)stop assisting the landlord.

(8)A decision—

(a)to reject an application under subsection (3),

(b)of the [F85First-tier Tribunal] member under subsection (7),

(c)by the [F85First-tier Tribunal] member to stop acting in accordance with section 28C(9),

is final.

(9)No application may be made under subsection (1) where the landlord is—

(a)a local authority landlord (within the meaning of the Housing (Scotland) Act 2001 (asp 10)),

(b)a registered social landlord (being a body registered in the register maintained under section 57 of that Act), or

(c)Scottish Water.

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Amendments (Textual)

F75Ss. 28A-28C inserted (22.9.2015 for specified purposes, 1.12.2015 in so far as not already in force) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 35(4), 41(3); S.S.I. 2015/326, art. 2(2)(b)(3)

28B[F86Landlord application to the First-tier Tribunal: further provision]S

(1)The Scottish Ministers may by regulations make further provision about the making or deciding of applications under section 28A.

(2)Those regulations may, in particular, make provision—

(a)about the form and content of applications and notices,

(b)prescribing a fee to accompany applications,

(c)specifying circumstances when the [F87First-tier Tribunal] member must decide to reject an application or stop assisting a landlord,

(d)about the procedure for—

(i)making decisions under section 28A(3) or (7),

(ii)giving notice under section 28A(5),

(iii)making representations under section 28A(6).

(3)In this section, “the [F88First-tier Tribunal] member” means the member of the [F89First-tier Tribunal] to whom the case has been allocated under section 28A(2).

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Amendments (Textual)

F75Ss. 28A-28C inserted (22.9.2015 for specified purposes, 1.12.2015 in so far as not already in force) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 35(4), 41(3); S.S.I. 2015/326, art. 2(2)(b)(3)

28C[F90First-tier Tribunal Member to arrange suitable time for access]S

(1)Subsection (2) applies where the [F91First-tier Tribunal] member has decided to assist the landlord under section 28A(3)(a).

(2)The [F92First-tier Tribunal] member must liaise with the landlord and the tenant with a view to agreeing a suitable date and time (or dates and times) for the landlord to exercise the landlord's right of entry under section 181(4).

(3)Subsection (4) applies if the tenant (without reasonable excuse) has failed or refused, within a reasonable time, to—

(a)respond to the [F93First-tier Tribunal] member, or

(b)agree a suitable date and time (or dates and times) for the landlord to exercise the landlord's right of entry under section 181(4).

(4)The [F94First-tier Tribunal] member may fix a date and time (or dates and times) for the landlord to exercise the landlord's right of entry to the house under section 181(4).

(5)Where a date and time has been agreed under subsection (2), the [F95First-tier Tribunal] member may, on the request of either the landlord or the tenant and where there are reasonable grounds for doing so, liaise with the parties with a view to agreeing a different date and time (or dates and times) for the landlord to exercise the landlord's right of entry under section 181(4).

(6)The [F96First-tier Tribunal] member must as soon as reasonably practicable notify the landlord and tenant of any date and time (or dates and times) agreed or fixed under this section for the landlord to exercise the landlord's right of entry under section 181(4).

(7)When notifying the parties of the date and time (or dates and times) agreed or fixed under this section, the [F97First-tier Tribunal] member must also—

(a)provide the tenant with information about the action that the [F97First-tier Tribunal] member may take under section 182 if the tenant refuses the landlord's exercise of the landlord's right of entry to the house under section 181(4), and

(b)inform both parties that the [F97First-tier Tribunal] member (or a person authorised by the [F97First-tier Tribunal] member) may be requested to attend when the landlord exercises such right of entry.

(8)The [F98First-tier Tribunal] member may, at the request of the landlord or the tenant, attend at the house at the time agreed or fixed for the landlord to exercise the landlord's right of entry under section 181(4).

(9)The [F99First-tier Tribunal] member may, at any time, stop assisting the landlord under this section if the [F99First-tier Tribunal] member considers it appropriate to do so.

(10)The [F100First-tier Tribunal] member may—

(a)authorise a person (other than the landlord or a representative of the landlord) to exercise any function conferred on the [F101First-tier Tribunal] member under this section, F102...

F102(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F103(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12)In this section, “the [F104First-Tier Tribunal] member” means the member of the [F105First-tier Tribunal] to whom the case has been allocated under section 28A(2).]

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Amendments (Textual)

F75Ss. 28A-28C inserted (22.9.2015 for specified purposes, 1.12.2015 in so far as not already in force) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 35(4), 41(3); S.S.I. 2015/326, art. 2(2)(b)(3)

F10629Annual reportS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Chapter 5SRepair, improvement and demolition of houses

Work notices and demolition noticesS

30Work noticesS

(1)The local authority may require the owner of a house to carry out work in it for the purposes of—

(a)implementing an HRA action plan in relation to any house identified in the plan, F107...

(b)bringing any house which the local authority considers to be sub-standard (whether or not situated in an HRA) into, or keeping it in, a reasonable state of repair [F108, or

(c) otherwise improving the security or safety of any house (whether or not situated in an HRA ). ]

(2)A requirement under subsection (1) must be made by serving notice (a “work notice”) in accordance with section 62.

(3)The work notice must specify—

(a)the reason for the requirement (by reference, if the requirement relates to any house other than the house in which the work is to be carried out, to the condition of that other house),

(b)the work which requires to be carried out,

(c)any standard which that house is to meet on completion of the work, and

(d)the period within which the work must be completed.

(4)The period so specified must be the period beginning with the date from which the notice has effect within which the local authority reasonably considers that the work required can be completed (but must not, in any case, be a period of less than 21 days).

(5)The work notice may also specify particular steps which the local authority requires to be taken in carrying out the work required.

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Amendments (Textual)

F107Word in s. 30(1)(a) repealed (1.4.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 87(a), 104(3); S.S.I. 2015/122, art. 2

F108S. 30(1)(c) and word inserted (1.4.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 87(b), 104(3); S.S.I. 2015/122, art. 2

Commencement Information

I13S. 30 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

31Suspension of work noticeS

(1)The local authority may suspend a work notice if satisfied that carrying out the work required is likely to be detrimental to the health of any resident of the house concerned.

(2)The local authority may lift a suspension under subsection (1) at any time.

(3)The local authority must give notice of any—

(a)suspension, or

(b)lifting of a suspension,

in accordance with section 62.

(4)A notice under subsection (3)(b) may—

(a)extend the period within which the work requires to be completed by such period as the local authority considers reasonable,

(b)specify particular steps which the local authority requires to be taken in carrying out the work required (in addition to or in place of any such steps specified in the work notice or in any previous notice under subsection (3)(b)).

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Commencement Information

I14S. 31 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

32Revocation of work noticeS

(1)The local authority may revoke a work notice if—

(a)the house to which it relates is demolished, or

(b)it considers that the work required by the notice is no longer necessary for the purpose for which the notice was served.

(2)The local authority must give notice of any such revocation in accordance with section 62.

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Commencement Information

I15S. 32 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

33Demolition noticesS

(1)Where a house is identified in an HRA action plan as a house which the local authority considers to be in a state of serious disrepair and ought to be demolished, the local authority may require the owner of the house to demolish it.

(2)A requirement under subsection (1) must be made by serving notice (a “demolition notice”) in accordance with section 62.

(3)The demolition notice must specify—

(a)the reason for the requirement,

(b)the standard to which the demolition is to be carried out (including any standard to which the site of the demolished house must be cleared), and

(c)the period within which the demolition must be carried out.

(4)The period so specified must be the period beginning with the date from which the notice has effect within which the local authority reasonably considers that the demolition can be completed (but must not, in any case, be a period of less than 21 days).

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Commencement Information

I16S. 33 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

34Extension of period for completion of work or demolitionS

(1)The local authority may, at any time, extend the period within which any—

(a)work required by a work notice, or

(b)demolition required by a demolition notice,

must be completed by such period as it considers reasonable.

(2)But such a period may be extended only where the local authority—

(a)considers that satisfactory progress has been made in carrying out the work or demolition, or

(b)has received a written undertaking from the owner stating that the work or demolition will be completed by a later date which the authority considers satisfactory.

(3)The local authority must give notice of any extension in accordance with section 62.

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Commencement Information

I17S. 34 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

Enforcement by local authorityS

35Carrying out of work or demolitions by local authorityS

(1)If the owner of a house fails to comply with a work notice or a demolition notice, the local authority may carry out—

(a)the work or the demolition required by the notice, and

(b)any other work which, in the course of carrying out work or demolition authorised by paragraph (a), the local authority finds to be required for the purposes of—

(i)implementing an HRA action plan in relation to any house identified in it, or

(ii)bringing any house which the local authority considers to be sub-standard (whether or not situated in an HRA) into, and keeping it in, a reasonable state of repair,

but which it could not reasonably have known to be so required before it served the work notice or demolition notice.

(2)The local authority may not carry out any work authorised by subsection (1)(a) unless—

(a)the period within which the work or demolition requires to be carried out has ended, or

(b)the owner has given notice to the local authority—

(i)of being unable to comply with the work notice or demolition notice because of a lack of necessary rights (of access or otherwise) despite having taken reasonable steps for the purposes of acquiring those rights, or

(ii)stating that the owner considers that carrying out the work or demolition required is likely to endanger any person.

(3)Before carrying out any work authorised by subsection (1)(b) the local authority must give 21 days' notice of its intention to do so in accordance with section 62.

(4)The requirement to give notice under subsection (3) does not apply if the local authority considers—

(a)that the situation is urgent, or

(b)that it would otherwise be impractical to carry out work authorised by subsection (1)(a) before carrying out any work authorised by subsection (1)(b).

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Commencement Information

I18S. 35 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

36Carrying out of work by local authority: repairing standardS

(1)Where [F109the First-tier Tribunal] notifies the local authority that a landlord—

(a)is unable to comply with the duty imposed by section 14(1)(b), or

(b)has failed, or is unable, to comply with a repairing standard enforcement order,

the local authority may carry out the work specified in subsection (2).

(2)That work is—

(a)the work needed to bring the house concerned up to the repairing standard or, as the case may be, the work required by the repairing standard enforcement order, and

(b)any other work which, in the course of carrying out work required by the order, the local authority finds to be required for the purposes of enabling the work required by the order to be carried out.

(3)Before carrying out any work authorised by subsection (1) the local authority must give 21 days' notice of its intention to do so to the landlord and the tenant under the tenancy to which the order relates.

(4)The requirement to give notice under subsection (3) does not apply if the local authority considers—

(a)that the situation is urgent, or

(b)in the case of work falling within subsection (2)(b), that it would otherwise be impractical to carry out any other work in respect of which notice has been given under subsection (3) before carrying out the work in question.

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Amendments (Textual)

37EvacuationS

(1)Where the local authority—

(a)is required or authorised by or under this Chapter to carry out work in, or to demolish, a house, and

(b)considers that doing so is likely to endanger the occupant of any land or premises,

it must require that occupant to move from the land or premises.

(2)A requirement under subsection (1) must be made by serving a notice on the occupant specifying—

(a)by reference to the work or demolition which the local authority is required or authorised to carry out, the reason why the occupant is required to move, and

(b)the period, beginning not less than 14 days after the date on which the notice is served, within which the occupant must move.

(3)A requirement under subsection (1) ceases to have effect if—

(a)the sheriff refuses to grant a warrant under section 38(4) in relation to it, or

(b)the work or demolition concerned is completed.

38Warrants for ejectionS

(1)Where an occupant has not complied with a requirement under section 37(1), the local authority may, by summary application, apply to the sheriff for a warrant for the ejection of the occupant from the land or premises in question.

(2)No such application may be made before the expiry of the period specified in the notice served under section 37(2).

(3)On such an application, the sheriff may require the service of a further notice on the occupant.

(4)The sheriff may, if satisfied that the occupant is likely to be endangered by the carrying out of the work or demolition concerned, grant a warrant of ejection requiring the occupant to move from the land or premises in question, within such period as the sheriff may determine, until the work or demolition is completed.

(5)Such a warrant—

(a)may be made subject to such other conditions (including conditions with respect to payment of rent) as the sheriff thinks just and equitable, but

(b)where a further notice is served under subsection (3), may not require the occupant to move before the day which is 14 days after service of that notice.

(6)No such warrant may require a person to move from any living accommodation which is that person's only or main residence unless the sheriff is satisfied that suitable alternative living accommodation on reasonable terms will be available to that person.

(7)The reference in subsection (6) to suitable alternative living accommodation is a reference to living accommodation which is suitable for occupation by the resident and any other person whose only or main residence would, but for the location of that other person's place of work or of any educational institution which the person attends, be the living accommodation concerned.

(8)The sheriff's decision on the application is final.

(9)Refusal by the sheriff to grant any warrant sought under this section does not affect the validity of the work notice, demolition notice or repairing standard enforcement order in relation to which the warrant was sought.

(10)Nothing in the Rent (Scotland) Act 1984 (c. 58) or in Part 2 of the Housing (Scotland) Act 1988 (c. 43) restricts the power of a local authority to apply for, or the power of the sheriff to grant, a warrant under subsection (4).

39Unlawful occupation etc.S

(1)A person commits an offence if the person, knowing that a requirement under section 37(1) has effect in relation to any land or premises—

(a)occupies it or them, or

(b)permits such occupation.

(2)A person guilty of an offence under subsection (1) is liable, on summary conviction, to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 3 months or to both.

(3)It is not an offence under subsection (1)—

(a)for a person to continue to occupy any land or premises which that person occupied on the day on which the requirement under section 37(1) is made, or

(b)to permit such a person to continue occupation.

40Acquisition of houses to be demolishedS

(1)Where a local authority is authorised by section 35 to demolish a house the authority may, before carrying out the demolition, acquire the house and its site—

(a)by agreement, or

(b)with the authorisation of the Scottish Ministers, compulsorily.

(2)The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42) applies in relation to an acquisition under subsection (1)(b) as if that provision were contained in an Act of Parliament in force immediately before the commencement of that Act (with references in that Act to land being read as references to the house and its site).

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Commencement Information

I19S. 40 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

41Sale of materials from demolished housesS

(1)The local authority may sell any material arising from the demolition of a house in pursuance of section 35.

(2)The local authority may set off the proceeds of any such sale against any sum recoverable under section 59 in relation to the demolition (so far as not otherwise recovered).

(3)If those proceeds exceed the total of any such sums, the local authority must account to the owner of the house for the surplus.

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Commencement Information

I20S. 41 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

Chapter 6SMaintenance

Maintenance ordersS

42Maintenance ordersS

(1)The local authority may by order (a “maintenance order”) require the owner of a house to prepare a plan (a “maintenance plan”) for securing the maintenance of the house to a reasonable standard over such period not exceeding 5 years as may be specified in the order.

(2)A maintenance order may be made only if F110...—

[F111(za)a work notice has been served in relation to the house and no certificate has been granted under section 60 in relation to the work required by that notice,]

(a)[F112the local authority considers] that any benefit arising from work carried out in pursuance of a work notice or a repairing standard enforcement order has been reduced or lost because of a lack of maintenance, or

(b)[F113the local authority considers] that the house has not been, or is unlikely to be, maintained to a reasonable standard.

(3)A maintenance order must require the owner of the house concerned to submit the maintenance plan, by such date as may be specified in the order, to the local authority for approval.

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Amendments (Textual)

F112Words in s. 42(2)(a) inserted (1.4.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 88(c), 104(3); S.S.I. 2015/122, art. 2

F113Words in s. 42(2)(b) inserted (1.4.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 88(c), 104(3); S.S.I. 2015/122, art. 2

Commencement Information

I21S. 42 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

Maintenance plansS

43Maintenance plansS

A maintenance plan must—

(a)specify the maintenance which requires to be carried out over the period during which the plan is to apply,

(b)specify—

(i)any steps to be taken for the purposes of carrying out that maintenance (including any steps to be taken where anything to be maintained under the plan requires to be repaired or replaced), and

(ii)when any such steps are to be taken, and

(c)set out an estimate of the costs likely to be incurred in implementing the plan.

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Commencement Information

I22S. 43 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

44Maintenance plans for two or more housesS

(1)A maintenance order may, where any premises consist of two or more houses, require the owners of those houses to prepare jointly a maintenance plan in relation to any part of the premises, including any part—

(a)which is owned in common by those owners, or

(b)which those owners are responsible for maintaining by virtue of a real burden or otherwise.

(2)A maintenance plan prepared in pursuance of a maintenance order which relates to two or more houses must, in addition to the provision required by section 43, apportion the liability of each joint owner in respect of the costs of implementing the plan in such manner as the owners of those houses think fit.

(3)Such a maintenance plan may also—

(a)apportion responsibility for maintaining the houses to which the plan relates in such manner as the owners of those houses think fit (or, where the plan is devised by a local authority, in such manner as it thinks fit),

(b)require those owners to appoint a person to manage its implementation,

(c)require those owners to open, and deposit sums into, a maintenance account,

(d)set out the arrangements for operating a maintenance account (including arrangements for authorising withdrawals from it and for winding up and closure).

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Commencement Information

I23S. 44 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

45Maintenance plans for two or more houses: further provisionS

(1)A maintenance order which relates to two or more houses may require the maintenance plan to make provision for securing the maintenance of any part of the premises concerned which some but not all of the owners required to prepare the plan—

(a)own, or

(b)have a responsibility to maintain by virtue of a real burden or otherwise.

(2)But a maintenance plan prepared in pursuance of such a maintenance order may not—

(a)require the owner of any house to which the plan relates to do anything in relation to any part of the premises concerned which that owner does not own or have a responsibility to maintain by virtue of a real burden or otherwise, or

(b)despite section 44(2) and (3)(a), apportion responsibility for maintaining any part of the premises concerned or liability for the costs of such maintenance in a way which conflicts with—

(i)any real burdens encumbering the houses concerned,

(ii)the development management scheme in so far as it applies to those houses or any decision made under that scheme, or

(iii)the tenement management scheme in so far as it applies to those houses or any decision made under that scheme.

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Commencement Information

I24S. 45 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

46Approval of maintenance plansS

(1)The local authority may—

(a)approve a maintenance plan submitted to it, with or without modifications,

(b)reject a maintenance plan and—

(i)make another maintenance order requiring the preparation of another maintenance plan, or

(ii)substitute a maintenance plan of its own devising in its place, or

(c)where a maintenance plan is not submitted by the date specified in a maintenance order, devise a maintenance plan for the house concerned.

(2)The local authority may approve a maintenance plan only if it is satisfied—

(a)that the plan complies with section 43 and, if relevant, sections 44(2) and 45(2), and

(b)that implementation of the plan will secure the maintenance of the house concerned to a reasonable standard,

and the local authority must be satisfied that any maintenance plan it devises complies with those provisions and that implementation of it will have that effect.

(3)The local authority may not approve a maintenance plan which relates to three or more houses unless the owners of the majority of those houses have confirmed to the authority that they are content with the plan submitted for approval.

(4)The local authority must serve notice of its decision under subsection (1) in accordance with section 62.

(5)A copy of the plan approved (or, as the case may be, devised under paragraph (b)(ii) or (c) of subsection (1)) must be attached to that notice.

(6)The maintenance order to which a decision under subsection (1) relates ceases to have effect on the date on which notice of the decision is served on the owner of the house concerned.

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Commencement Information

I25S. 46 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

47Variation and revocation of maintenance plansS

(1)The local authority may vary a maintenance plan in such manner as it thinks fit—

(a)if satisfied at any time that there has been a change in circumstances which justifies such a variation, or

(b)before doing anything under section 49 in relation to the plan.

(2)The local authority may vary a maintenance plan on the application of an owner of any of the houses concerned or of its own accord.

(3)The local authority may revoke a maintenance plan if [F114subsection (3A) applies or if] it is satisfied at any time—

(a)that implementation of the plan is no longer practicable, and

(b)that the plan cannot be varied so as to make implementation practicable.

[F115(3A)This subsection applies where the local authority is satisfied that a property factor (within the meaning of section 2(1) of the Property Factors (Scotland) Act 2011 (asp 8)) has been appointed to manage or maintain the premises to which the plan relates.]

(4)The local authority must serve notice of any variation or revocation in accordance with section 62.

(5)Where a maintenance plan is varied, a copy of the revised plan must be attached to that notice.

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Amendments (Textual)

Commencement Information

I26S. 47 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

48Implementation of maintenance plansS

(1)Where a maintenance plan is approved or devised under section 46, it is for the owner for the time being of the house concerned to secure the implementation of the plan during the period for which it has effect.

(2)The local authority may do anything it thinks fit for the purposes of enabling or assisting the owner of the house to implement the maintenance plan.

(3)Subsection (2) does not authorise the local authority to pay any sums—

(a)into a maintenance account otherwise than in accordance with section 50, or

(b)to the owner of the house to which the maintenance plan relates otherwise than by grant paid under section 51.

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Commencement Information

I27S. 48 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

49Enforcement of maintenance plansS

(1)Where the local authority considers that the owner of a house which is subject to a maintenance plan has failed to—

(a)secure the carrying out of any maintenance required by the maintenance plan, or

(b)do anything else required by the plan,

the local authority may itself do anything which it considers necessary or expedient for the purposes of securing the implementation of the plan.

(2)Subsection (1) does not authorise the local authority to pay any sums—

(a)into a maintenance account otherwise than in accordance with section 50, or

(b)to any owner of a house to which the maintenance plan relates other than by way of a grant paid under section 51.

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Commencement Information

I28S. 49 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

Recovery of maintenance costsS

50Power of majority to recover maintenance costsS

(1)Subsection (3) applies where—

(a)the owners of two or more houses which form part of the same premises are responsible by virtue of a real burden or otherwise for maintaining any part of those premises and—

(i)those owners are required to carry out any such maintenance (whether in implementation of a maintenance plan or otherwise), or

(ii)a majority of those owners agree to carry out any such maintenance,

(b)notice has been served on each owner responsible for that maintenance requiring the owner to deposit a sum into a maintenance account representing the apportioned share of the estimated costs for which that owner will be liable,

(c)an owner on whom such a notice is served has not complied with such a requirement, and

(d)the local authority is satisfied as to the matters set out in subsection (2).

(2)Those matters are—

(a)that the maintenance proposed is, having regard to the state of repair of the premises, reasonable,

(b)that the share of estimated costs apportioned to the owner who has not complied with the requirement does not conflict with any provision about liability for or apportionment of costs contained in—

(i)any real burdens encumbering the houses concerned,

(ii)the development management scheme in so far as it applies to those houses or any decision made under that scheme, or

(iii)the tenement management scheme in so far as it applies to those houses or any decision made under that scheme, and

(c)that—

(i)the owner who has not complied with the requirement is unable[F116or unwilling] to do so,

(ii)it is unreasonable to require that owner to deposit the sum in question, or

(iii)that owner cannot, by reasonable inquiry, be identified or found.

(3)Where this subsection applies the local authority may, on the application of any of the owners concerned, deposit in the maintenance account a sum representing the share of the estimated costs of any owner who has not complied with a requirement to make such a deposit.

(4)Before deciding to make a deposit under subsection (3), the local authority may request the owner who has failed to comply to make representations to the authority, by such date as the authority may specify, about the owner's financial circumstances.

(5)A notice of the type referred to in subsection (1)(b) must set out—

(a)the maintenance which is to be carried out,

(b)the timetable for carrying out the maintenance, including proposed commencement and completion dates,

(c)the date of any requirement or agreement to carry out the maintenance; and, in the case of an agreement, the names of those by whom it was agreed,

(d)the estimated cost of the maintenance,

(e)why the estimate is considered reasonable,

(f)the apportioned share of the estimated costs attributable to each of the owners,

(g)how that apportionment is arrived at,

(h)the location and number of the maintenance account, and

(i)the date by which the owners are required to deposit the sum representing their respective apportioned shares in the maintenance account.

(7)This section is without prejudice to any other entitlement of the owner of any house to recover sums from an owner who has not complied with a requirement set out in a notice of the type mentioned in subsection (1)(b).

(8)The local authority must have regard to any guidance issued by the Scottish Ministers about the exercise of its functions under this section.

(9)The Scottish Ministers may vary or revoke any such guidance.

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Amendments (Textual)

F116Words in s. 50(2)(c)(i) inserted (1.3.2011) by Housing (Scotland) Act 2010 (asp 17), ss. 150(1), 166(2); S.S.I. 2011/96, art. 2, Sch.

Commencement Information

I29S. 50 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

Maintenance accountsS

51Maintenance accounts: grantsS

The local authority may pay grants in respect of any expenses incurred in connection with the opening, winding up or closure of a maintenance account.

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Commencement Information

I30S. 51 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

Chapter 7SRight to adapt rented houses

52Right to adapt rented housesS

(1)This section applies to any tenancy of a house let for human habitation (other than a Scottish secure tenancy or a short Scottish secure tenancy).

(2)The tenant in a tenancy to which this section applies may carry out any work in the house—

(a)which the tenant considers necessary for the purpose of making the house suitable for the accommodation, welfare or employment of any disabled person who occupies, or intends to occupy, the house as a sole or main residence, or

(b)in respect of which a grant is payable in accordance with regulations made under section 15(1)(a) (grants for improving energy efficiency of houses) of the Social Security Act 1990 (c. 27).

(3)But a tenant is not entitled to exercise the right set out in subsection (2) without the consent of the landlord, which must not be unreasonably withheld.

(4)An application for consent to carry out work in pursuance of subsection (2) must specify the work which the tenant proposes to carry out.

(5)The landlord may, on receipt of such an application—

(a)consent,

(b)consent subject to such reasonable conditions as the landlord may impose, or

(c)refuse consent, provided that it is not refused unreasonably.

(6)The landlord must, within one month of receipt of such an application, serve notice of the landlord's decision on the applicant.

(7)That notice must—

(a)where the landlord gives consent subject to conditions, set out those conditions and the reasons for imposing them,

(b)where the landlord refuses consent, set out the reason for refusal, and

(c)in either of those cases, explain the procedure for appealing the decision to impose conditions or, as the case may be, refuse consent.

(8)Where a landlord fails to comply with subsection (6)—

(a)the landlord is to be treated as having decided to refuse consent, and

(b)notice of such refusal is to be treated as having been served on the applicant on the last day of the period mentioned in that subsection.

(9)The terms of a tenancy, and of any other agreement between the landlord and the tenant in any tenancy, are of no effect in so far as they purport to negate or modify the effect of this section.

(10)Nothing in this section entitles a tenant to carry out work for which the consent or other approval of any person is required under any other enactment unless that consent or approval has been given.

(11)Where it is for the landlord to obtain any such consent or approval, the landlord must, if requested to do so by the tenant, take reasonable steps for the purposes of doing so (and may recover any expenses incurred in doing so from the tenant).

(12)But the need for any such consent or approval by any person other than the landlord is not, of itself, a reasonable ground on which the landlord may impose any condition under subsection (5)(b) or, as the case may be, refuse consent under subsection (5)(c).

53Matters relevant to application to carry out work under section 52S

(1)The landlord may, in considering whether it is reasonable to consent to an application to carry out work in pursuance of section 52(2)(a) (or whether it is reasonable to impose a condition on such a consent), have regard to—

(a)the disabled person's disability,

(b)whether the work proposed is necessary for the purpose set out in section 52(2)(a),

(c)the safety of the occupiers of the house or of any other premises,

(d)any costs which the landlord is likely to incur, directly or indirectly, as a result of the proposed work,

(e)whether the proposed work is likely—

(i)to reduce the value of the house or of any other part of any premises of which the house forms part, or

(ii)to make the house or any other part of such premises less suitable for letting or for sale,

(f)whether, if the proposed work was to be carried out, the house could be reinstated to the condition it was in before it was carried out,

(g)any code of practice issued by the [F117Commission for Equality and Human Rights]F117 which relates to this section or section 52.

(2)The landlord may, in considering whether it is reasonable to consent to an application to carry out work in pursuance of section 52(2)(b) (or whether it is reasonable to impose a condition on such a consent), have regard to the matters mentioned in paragraphs (c) to (f) of subsection (1).

(3)A condition imposed under section 52(5)(b) may—

(a)specify the standard to which the work consented to must be carried out,

(b)require the tenant to reinstate the house at the end of the tenancy to the condition it was in before that work was carried out.

(4)The landlord must, in considering whether to impose a condition under section 52(5)(b) as to the standard to which the proposed work must be carried out, have regard to—

(a)the age and condition of the house, and

(b)the likely cost of complying with the condition.

(5)It is reasonable for a landlord to refuse to consent to an application to carry out work in pursuance of section 52(2), or to impose any condition on such a consent, if the carrying out of the proposed work or, as the case may be, failure to comply with that condition, would make the landlord susceptible under any enactment or rule of law to any sanction or other remedy.

(6)Subsection (5) applies only where the landlord has taken reasonable steps for the purposes of acquiring the right to give consent or, as the case may be, not to impose the condition without making the landlord so susceptible.

(7)The landlord may recover from the tenant any expenses incurred by the landlord in taking any such reasonable steps (regardless of the landlord's decision on the tenant's application).

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Amendments (Textual)

F117Words in s. 53(1)(g) substituted (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 93, Sch. 3 para. 63(a) (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

54Amendment to the Housing (Scotland) Act 2001S

In Paragraph 8 of schedule 5 to the Housing (Scotland) Act 2001 (asp 10)—

(a)the word “and” which follows paragraph (c) is repealed,

(b)at the end of paragraph (d) insert and

(e)any code of practice issued by the Disability Rights Commission which relates to this Part..

Chapter 8SSupplemental provisions, including appeals

SupplementalS

55Power of local authority to carry out or arrange work or demolitionS

A local authority may carry out, or arrange for the carrying out of, any work or demolition which any other person is required or authorised by or under this Part to carry out (but only by agreement with, and at the expense of, that other person).

56Effect of tenant moving from houseS

(1)Where—

(a)a person moves from any house for the purposes of enabling any person to carry out any work required or authorised by or under this Part (whether in pursuance of a requirement under section 37(1) or a warrant under section 38(4) or otherwise), and

(b)that person resides in the house under a tenancy or an occupancy arrangement,

the tenancy or occupancy arrangement, if that person so chooses, is to be taken not to have terminated, varied or altered by reason of that person moving.

(2)If a person who has so moved resumes lawful occupation, the same terms apply (except so far as otherwise agreed) in respect of that occupation as applied in respect of the previous occupation.

(3)In this section “lawful occupation” means occupation which is not an offence under section 39.

57Obstructions etc.S

(1)This section applies if, after receiving notice of the intended action, any person prevents or obstructs any other person from doing anything which that other person is by or under this Part required, authorised or entitled to do.

(2)Where this section applies, the sheriff may order the person who prevented or obstructed another person to permit that other person to do all things which the other person reasonably requires to do for the purposes of—

(a)complying with any requirement imposed by or under this Part, or

(b)doing anything which that other person is by or under this Part authorised or entitled to do.

(3)Any person who fails to comply with such an order is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)This section does not apply in relation to rights conferred by Part 9 (except the right conferred by section 181(4)(a)).

58Listed buildings etc.S

(1)This section applies to a building which is—

(a)included in a list of buildings of special architectural or historic interest, being a list compiled or approved under section 1 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9) (“the 1997 Act”),

(b)subject to a building preservation notice under section 3 of the 1997 Act, or

(c)one to which section 66 of the 1997 Act (control of demolition in conservation areas) applies.

(2)The local authority must, before it carries out any work in, or demolishes, any house which is, or which forms part of, a building to which this section applies in pursuance of section 35 or 36, consult—

(a)the Scottish Ministers,

(b)the planning authority (where the planning authority is not the local authority), and

(c)such other persons as the local authority thinks fit.

(3)Any authorisation or requirement under this Part to demolish or carry out work in or in relation to a building to which this section applies has effect only in so far as it is not inconsistent with any provision of the 1997 Act.

59Recovery of expenses etc.S

(1)The local authority may recover any—

(a)expenses it incurs in carrying out any work authorised by section 35,

[F118(aa)expenses it incurs in pursuance of—

(i)devising a maintenance plan under 46(1)(b)(ii) or (c), or

(ii)varying a maintenance plan under section 47(1),]

(b)expenses it incurs in pursuance of section 49(1), or

(c)payments made under section 50(3),

from the owner of the house concerned.

(2)The local authority may recover any expenses it incurs in carrying out any work authorised by section 36 from the landlord concerned.

(3)Subsections (1) and (2) entitle the local authority to recover—

(a)any administrative expenses incurred by it in connection with the act to which the expenses relate or, as the case may be, with the making of the payment, and

(b)interest, at such reasonable rate as it may determine, from the date when a demand for payment is served until the whole amount is paid.

(4)The local authority may declare any sums recoverable under this section to be payable by instalments.

(5)Notice of any such declaration must be served on the person from whom the sums are recoverable.

(6)A local authority is not, despite the generality of subsection (1)(a), entitled to recover any expenses incurred in demolishing a house it has acquired under section 40.

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Amendments (Textual)

Commencement Information

I31S. 59 partly in force; s. 59 not in force at Royal Assent see s. 195; s. 59(2)-(5) in force at 3.9.2007 by S.S.I. 2007/270, {art. 3 Table}

I32S. 59(1)(6) in force at 1.4.2009 by S.S.I. 2009/122, art. 3

60CertificationS

(1)A person who is required to carry out work by—

(a)a work notice, or

(b)a repairing standard enforcement order,

may apply for certification that the work has been completed.

(2)An application under subsection (1) is to be made—

(a)where it is made in consequence of a work notice, to the local authority, or

(b)where it is made in consequence of a repairing standard enforcement order, to the [F119First-tier Tribunal.]

(3)Where the work was carried out by the local authority under section 35 or 36, an application under this section is not competent unless the applicant has paid any expenses demanded by the local authority under section 59 in relation to that work.

(4)The local authority or, as the case may be, the [F120First-tier Tribunal] must grant the certificate applied for if satisfied that the work required by the notice or order has been completed.

(5)[F121The First-tier Tribunal may, of its] own accord—

(a)inspect any house in respect of which [F122it has] made a repairing standard enforcement order, and

(b)if [F123it is] satisfied that the work required by the order has been completed, certify that the work has been completed,

but the [F124First-tier Tribunal may not exercise its] power under this subsection unless the period within which the order requires the work to be carried out has ended.

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Amendments (Textual)

61RegistrationS

(1)Each—

(a)repairing standard enforcement order,

(b)notice of a decision to vary or revoke a repairing standard enforcement order,

(c)certificate granted by [F125the First-tier Tribunal] under section 60,

(d)maintenance order,

F126(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F127(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

must be registered in the appropriate land register.

(2)It is for the [F128First-tier Tribunal] to register documents falling within paragraph (a) to (c) of subsection (1).

(3)It is for the local authority to register documents falling within paragraph (d) to (f) of subsection (1).

[F129(3A)A local authority may recover—

(a)the amount of any fee payable in respect of registering any such document,

(b)any administrative expenses incurred by it in connection with the registration, and

(c)interest, at such reasonable rate as it may determine, from the date when a demand for payment is served until the whole amount is paid,

from the owner of the house concerned.]

(4)The Keeper of the Registers of Scotland is not required to investigate or determine the accuracy of any information contained in any document falling within paragraphs (a) to (f) of subsection (1) which is submitted for registration.

(5)In section 12(3) (exemptions from indemnification by Keeper) of the Land Registration (Scotland) Act 1979 (c. 33), after paragraph (q) insert—

(r)the loss arises in consequence of an inaccuracy in any information contained in any document registered in pursuance of section 61(1) of the Housing (Scotland) Act 2006 (asp 1)..

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Amendments (Textual)

62Service of documentsS

(1)The section applies to the following documents—

(a)work notices,

(b)notices under section 31(3), 32(2) or 34(3),

(c)demolition notices,

(d)notices under section 35(3),

(e)maintenance orders,

(f)notices of decisions under section 46(1), and

(g)notices of variation or revocation of maintenance plans.

(2)A document to which this section applies must be served on—

(a)the owner and occupier of the house concerned,

(b)any creditor holding a standard security over that house,

(c)any person who, directly or indirectly, receives rent in respect of that house, and

(d)any other person appearing to the local authority to have an interest in that house,

and the document is to be treated as being served or, as the case may be, made on the day on which the document is served on the owner of the house.

(3)Failure to comply with any of paragraphs (b) to (d) of subsection (2) does not invalidate the document concerned if the local authority, after exercising its powers under section 186(1), is not aware of the existence of the person on whom the document should have been served.

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Commencement Information

I33S. 62 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

63Date of operation of notices, orders etc.S

(1)Unless this section provides otherwise, any order, notice, requirement, application, consent or other document served, submitted, given or made, or any other decision made, under this Part has effect from the date on which the document or, as the case may be, notice of the document or decision is served.

(2)Subsection (3) applies where a decision to—

(a)make or vary a repairing standard enforcement order,

(b)serve a work notice or a demolition notice,

(c)make a maintenance order, or

(d)approve, devise, vary or revoke a maintenance plan,

is appealed under section 64.

(3)Where this subsection applies—

(a)the effect of the decision and of the order, notice, plan, variation or revocation made in consequence of it is suspended until the appeal is abandoned or finally determined, and

(b)where the appeal is abandoned or finally determined by confirming the decision, the decision and the order, notice, plan, variation or revocation made in consequence of it are to be treated as having effect from the day on which the appeal is abandoned or so determined.

(4)A—

(a)rent relief order, or

(b)revocation of such an order,

has effect from the date set out in subsection (5).

(5)That date is the date which is 28 days after—

(a)the last date on which the decision to make or, as the case may be, revoke the rent relief order may be appealed under section 64, or

(b)where such an appeal is made, the date on which the appeal is abandoned or finally determined (by confirming the decision).

(6)A repairing standard enforcement order does not cease to have effect where work required by the order would, but for the order, no longer require to be carried out.

(7)No work may be done or proceedings taken under any order, notice or plan to which subsection (2) or (4) applies, and no requirement to register any such order, notice or plan has effect, until—

(a)the last date on which the decision to make it may be appealed, or

(b)where such an appeal is made, the date on which the appeal is abandoned or finally determined (by confirming the decision).

(8)References in this section to the date on which an appeal is finally determined are to be read as references—

(a)where the sheriff's determination [F130or Upper Tribunal’s decision] on the appeal is final, to the date on which the sheriff [F131or Upper Tribunal] determines the appeal,

(b)where the sheriff's determination may be appealed to the sheriff principal—

(i)to the last date on which such an appeal may be made, or

(ii)where such an appeal is made, to the date on which the appeal is abandoned or determined by the sheriff principal.

(9)A reference in this section to the last date on which a decision may be appealed is, where that date is in any case changed under section 64(7), to be read as referring to the new date only if the change is made before the date on which the right to appeal would otherwise expire.

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Amendments (Textual)

Commencement Information

I34S. 63 wholly in force at 3.9.2007; s. 63 not in force at Royal Assent see s. 195(3); s. 63(1) in force at 4.12.2006 by S.S.I. 2006/569, art. 2; s. 63(2)-(9) in force at 3.9.2007 by S.S.I. 2007/270, {art. 3 Table}

AppealsS

64Part 1 appealsS

(1)Any person aggrieved by a decision by a local authority—

(a)to serve a work notice,

(b)to serve a demolition notice,

(c)to carry out work in pursuance of—

(i)section 35(1)(b), or

(ii)section 36(1)(b),

other than, in either case, work for which no notice is required,

(d)to demand recovery of any expenses incurred in carrying out work authorised by—

(i)section 35, or

(ii)section 36,

(e)to serve a maintenance order,

(f)to approve or devise a maintenance plan or to vary or revoke such a plan, or

(g)to refuse to grant a certificate under section 60 in relation to any work required by a work notice,

may appeal to the sheriff within 21 days of the date specified in subsection (2).

(2)That date is—

(a)in the case of an appeal under paragraph (a), (b), (d) or (e) of subsection (1), the date on which the work notice, demolition notice, demand for recovery of expenses or, as the case may be, maintenance order is served on the appellant,

(b)in the case of an appeal under paragraph (c) or (g) of subsection (1), the date on which notice of proposed work or, as the case may be, of the decision to refuse to grant the certificate is served on the appellant, or

(c)in the case of an appeal under paragraph (f) of subsection (1), the date on which notice of the approval, devising, variation or revocation is served on the appellant.

(3)An appeal under subsection (1) may be made only by a person on whom the relevant work notice, notice of proposed work, demand for recovery of expenses, maintenance order or, as the case may be, notice of the approval, devising, variation or revocation of a maintenance plan is served under this Act.

(4)A landlord or a tenant aggrieved by a decision [F132of the First-tier Tribunal]

(a)under section 24(1) [F133(determination by the First-tier Tribunal)] ,

(b)to vary or revoke a repairing standard enforcement order (see section 25),

(c)that a landlord has failed to comply with a repairing standard enforcement order (see section 26(1)),

(d)to make or not to make a rent relief order (see section 26(2)(b)),

(e)to revoke a rent relief order (see section 27(4)), or

(f)to grant, or to refuse to grant, a certificate under section 60 in relation to any work required by a repairing standard enforcement order,

[F134may seek permission to appeal on a point of law only from the First-tier Tribunal within 30] days of being notified of that decision.

[F135(4A)A third party applicant aggrieved by a decision [F136of the First-tier Tribunal] which—

(a)is mentioned in subsection (4)(a) to (f),

(b)was made following an application by the applicant under section 22(1A),

[F137may seek permission to appeal on a point of law only from the First-tier Tribunal within 30] days of being notified of that decision.]

(5)A tenant [F138or a third party applicant] may [F139seek permission to appeal on a point of law only from the First-tier Tribunal] against a decision by the [F140Chamber President] under section 23(1) within [F14130] days of being notified of that decision.

(6)A tenant aggrieved by a decision by a landlord—

(a)to impose any condition on a consent to carry out work in pursuance of section 52(2), or

(b)to refuse to consent to the carrying out of any such work,

may appeal to the sheriff within 6 months of being notified of that decision.

[F142(7)On cause shown—

(a)in the case of an appeal under subsections (1) and (6), the sheriff may hear an appeal after the deadline set by the relevant subsection, and

(b)in the case of an appeal under subsections (4), (4A) or (5), the Upper Tribunal may hear an appeal after the deadline set by the relevant subsection.]

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Amendments (Textual)

Commencement Information

I35S. 64 wholly in force at 3.9.2007; s. 64 not in force at Royal Assent see s. 195(3); s. 64(6) in force at 4.12.2006 and s. 64(7) in force at 4.12.2006 for certain purposes by S.S.I. 2006/395, art. 2; s. 64(1)-(5)(7) in force at 3.9.2007 by S.S.I. 2007/270, {art. 3 Table}

65Part 1 appeals: determinationS

(1)The sheriff, in determining an appeal under 64(1), may—

(a)confirm the decision (and any work notice, demolition notice, demand for recovery of expenses or maintenance order served, or maintenance plan approved, devised or varied, in consequence of it),

(b)quash the decision (and any such notice, demand, order or plan), or

(c)make such other order as the sheriff thinks just.

(2)The [F143Upper Tribunal] may determine an appeal under section 64(4) [F144, (4A)] or (5) by—

(a)confirming the decision (and any order or variation made, or certificate granted, in consequence of it),

(b)remitting the decision (together with the [F145Upper Tribunal’s] reasons for doing so) to the [F146Chamber President] or, as the case may be, the [F145First-tier Tribunal] for reconsideration, or

(c)quashing the decision (and any order or variation made, or certificate granted, in consequence of it).

(3)The sheriff must, unless the sheriff considers the condition or, as the case may be, refusal appealed against to be reasonable, determine an appeal under section 64(6) by quashing the decision and directing the landlord to withdraw the condition (or to vary it in such manner as the sheriff may specify) or, as the case may be, to consent to the application (with or without such conditions as the sheriff may specify).

(4)In determining whether a condition or refusal appealed against under section 64(6) is reasonable, the sheriff must, where the appeal relates to an application made for the purposes of section 52(2)(a), have regard to any code of practice issued by the [F147Commission for Equality and Human Rights] which relates to section 52 or 53.

(5)The sheriff's determination [F148or Upper Tribunal’s decision] on an appeal under section 64 is final (subject to subsection (6)).

(6)The sheriff's determination on an appeal under paragraph (a), (b), (c)(i), (d)(i) or (g) of section 64(1) may be appealed to the sheriff principal within 21 days of the sheriff's determination; and the sheriff principal's decision on any such appeal is final.

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Amendments (Textual)

F147Words in s. 65(4) substituted (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 93, Sch. 3 para. 63(b) (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

Commencement Information

I36S. 65 partly in force; s. 65 not in force at Royal Assent see s. 195(3); s. 65(3)(4) in force at 4.12.2006, s. 65(5) in force for certain purposes at 4.12.2006 by S.S.I. 2006/395, art. 2; s. 65(1)(2)(5) in force at 3.9.2007 by S.S.I. 2007/270, {art. 3 Table}

I37S. 65(6) in force at 1.4.2009 by S.S.I. 2009/122, art. 3

66Part 1 appeals: procedure etc.S

(1)An appeal under [F149section 64(1) or (6)] is to be made by summary application.

(2)No question may be raised on an appeal under section 64(1)(c)(i), (d)(i) or (g) (or on a subsequent appeal to the sheriff principal) which might have been raised on an appeal against the decision to make the work notice or demolition notice to which the appeal relates.

(3)No question may be raised on an appeal under subsection (1)(c)(ii) or (d)(ii), or subsection (4)(d), (e) or (f), of section 64 which might have been raised on an appeal against the decision under section 24(1) in consequence of which the repairing standard enforcement order to which the appeal relates was made.

[F150(3A)In an appeal by a landlord under section 64(4) which relates to a decision following an application under section 22(1A)—

(a)the third party applicant is to be a party to the proceedings,

(b)the tenant is entitled to be a party to the proceedings.

(3B)In an appeal by a tenant under section 64(4) which relates to a decision following an application under section 22(1A), the landlord and the third party applicant are to be parties to the proceedings.

(3C)In an appeal by a third party applicant under section 64(4A)—

(a)the landlord is to be a party to the proceedings,

(b)the tenant is entitled to be a party to the proceedings.]

(4)The sheriff may make such order about the expenses of an appeal under [F151section 64(1) or (6)] as the sheriff thinks fit (and the sheriff principal may make such an order in relation to any subsequent appeal).

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Amendments (Textual)

Commencement Information

I38S. 66 wholly in force at 3.9.2007; s. 66 not in force at Royal Assent see s. 195(3); s. 66(1)(4) in force for certain purposes at 4.12.2006 by S.S.I. 2006/395, art. 2; s. 66 in force at 3.9.2007 by S.S.I. 2007/270, {art. 3 Table}

F15267Adaptations: power to change method of appealS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Chapter 9SInterpretation

68Sub-standard housesS

(1)For the purposes of this Part, a house is sub-standard if it—

(a)does not meet the tolerable standard,

(b)is in a state of serious disrepair, or

(c)is in need of repair and, if nothing is done to repair it, is likely to—

(i)deteriorate rapidly into a state of serious disrepair, or

(ii)damage any other premises.

(2)The—

(a)age,

(b)character,

(c)location, and

(d)internal decorative repair,

of a house are to be ignored when considering whether it is sub-standard.

(3)A house which does not meet the tolerable standard is, for the purposes of this Part, to be treated as not being in a reasonable state of repair.

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Commencement Information

I39S. 68 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

69Application to non-residential premisesS

(1)This Part applies in relation to non-residential premises which form part of any building containing a house as it applies in relation to houses; and references in this Part (except this section) to a house are to be construed as including reference to such non-residential premises.

(2)But nothing in this Part authorises or requires the demolition of, or the carrying out of any work in, any non-residential premises unless the demolition or work is necessary for the purposes of—

(a)implementing an HRA action plan in relation to any house identified in the plan which forms part of the same building,

(b)bringing any house which the local authority considers to be sub-standard (whether or not situated in an HRA) which forms part of the same building into, and keeping it in, a reasonable state of repair, or

(c)securing the maintenance of any house which forms part of the same building.

(3)For the purposes of this section, any part of any premises which do not include a house are “non-residential premises”.

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Commencement Information

I40S. 69 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

70Interpretation of Part 1S

(1)In this Part—

  • development management scheme” has the same meaning as in the Title Conditions (Scotland) Act 2003 (asp 9),

  • sanitary defects” includes lack of air space or of ventilation, lack of lighting, dampness, absence of adequate and readily accessible water supply or of sanitary arrangements or of other conveniences, and inadequate paving or drainage of courts, yards or passages,

  • Scottish secure tenancy” and “short Scottish secure tenancy” have the same meanings as in the Housing (Scotland) Act 2001 (asp 10),

  • sub-standard”, in relation to a house, has the meaning given in section 68,

  • tenement management scheme” has the same meaning as in the Tenements (Scotland) Act 2004 (asp 11).

(2)References in this Part to the start of a tenancy are references to the date on which the tenant first occupies the house concerned under the tenancy (or, if earlier, the date from which the tenant is entitled to so occupy the house).

Part 2 SScheme of assistance for housing purposes

Provision of assistance for housing purposesS

71Assistance for housing purposesS

(1)A local authority may provide or arrange for the provision of assistance to a person in connection with—

(a)the acquisition or sale (or the proposed acquisition or sale) of a house, or

(b)work[F153(including demolition work)] on any land or in any premises for any of the purposes mentioned in subsection (2).

(2)Those purposes are—

(a)provision of one or more houses by the conversion of a house or other premises,

(b)construction of a house,

(c)improvement, repair or maintenance of a house,

[F154(da)demolishing a house,]

(d)bringing any house into, or keeping any house in, a reasonable state of repair,

(e)adaptation of a house for a disabled person to make it suitable for the accommodation, welfare or employment of that person,

(f)reinstatement of any house adapted for the purpose set out in paragraph (e),

(g)provision, in relation to a house, of means of escape from fire and other fire precautions.

(3)Such assistance may, in particular, be in the form of—

(a)the provision of advice, training or other services and facilities,

(b)the provision of information relating to housing,

(c)making available the services of staff of the local authority,

(d)guaranteeing or joining in guaranteeing the payment of the principal of, and interest on, money borrowed by the person (including money borrowed by the issue of loan capital) or of interest on share capital issued by the person,

(e)payments in respect of any expenses incurred in connection with the opening of a maintenance account,

(f)acquiring, holding, managing and disposing of land or premises,

(g)grants,

(h)standard loans,

(i)subsidised loans.

(4)Assistance may be provided on such terms as the authority thinks fit (subject to any provision about such terms made by or under this Part).

(5)Sections 74 to 90, 92 and 93 do not apply to assistance provided under subsection (1)(a).

(6)The Scottish Ministers may by regulations make further provision about the provision of assistance under subsection (1).

(7)Those regulations may, in particular, make provision as to—

(a)the procedure to be followed by local authorities in—

(i)considering whether to provide such assistance,

(ii)providing or arranging for the provision of such assistance,

(b)the terms which may be imposed under subsection (4) on providing any such assistance (including provision restricting or requiring the imposition of a term).

(8)In this section, “house for a disabled person” means a house which—

(a)is a disabled person's residence at the time when assistance is first provided, or

(b)is likely in the opinion of the local authority to become a disabled person's residence within a reasonable period after that time.

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Amendments (Textual)

Commencement Information

I41S. 71 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

72Guidance about availability and amount of assistanceS

(1)A local authority must prepare and make publicly available a statement of—

(a)the criteria by reference to which it determines whether to provide assistance under section 71(1) in particular types of case and the form of the assistance,

(b)the circumstances in which the approved expense relating to assistance provided by way of a grant or loan may be limited in a manner specified in the statement (see section 76(5) and (6)),

(c)the rate of interest or the rate or amount of other charges payable on a standard loan or on the repayment element of a subsidised loan.

(2)Such a statement may make different provision for different cases.

(3)The local authority may revise or replace such a statement.

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Commencement Information

I42S. 72 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

73When assistance must be providedS

(1)A local authority must provide assistance—

(a)under section 71(1)(b) to the owner of a house (or any non-residential premises forming part of the same building as a house) in respect of work in the house (or those premises) which the owner is required by a work notice to carry out, and

(b)in connection with work in a house for either of the purposes set out in paragraphs (e) and (f) of section 71(2), where the house is (or is likely to become or, in the case of a reinstatement, was) a disabled person's only or main residence.

(2)Where assistance provided under subsection (1)(b) is in respect of work required for providing a house with one or more of the standard amenities such assistance must be provided by way of a grant if—

(a)the house lacks one or more of the standard amenities and, in the opinion of the authority, the amenity or amenities to be provided will meet the needs of a disabled person, or

(b)the house already has the standard amenity in question but, in the opinion of the authority, the amenity to be provided is essential to the needs of a disabled person.

(3)The Scottish Ministers may by regulations make further provision about the type of assistance which must be provided under subsection (1)(b).

(4)Regulations under subsection (3) may, in particular, specify more circumstances in which such assistance must be provided by way of a grant.

(5)A local authority complies with this section if it invites a person to apply for a grant or loan in pursuance of subsection (1) or, as the case may be, a grant in pursuance of subsection (2) and the grant or loan is not provided because—

(a)no application is made,

(b)the application is not made in accordance with section 74, or

(c)any of the conditions mentioned in section 75(4) (so far as applicable) is not satisfied.

(6)The standard amenities are the amenities mentioned in section 86(1)(e), (f) and (fa) of the 1987 Act.

(7)The Scottish Ministers may by order add or remove references in subsection (6) to paragraphs of section 86(1) of the 1987 Act.

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Commencement Information

I43S. 73 in force at 29.9.2008 for specified purposes by S.S.I. 2008/308, art. 3

I44S. 73 in force at 1.4.2009 in so far as not already in force by S.S.I. 2009/122, art. 3

Grants and loansS

74Grants and loans: applicationsS

(1)A grant or loan may be made only on an application to the local authority.

(2)The application must contain full particulars of—

(a)the work in question, including plans and specifications of the work,

(b)the land on or premises in which the work is to be, or is being, carried out,

(c)the expenses (including any professional fees) estimated to be incurred in carrying out the work, and

(d)such other matters, including information on the matters mentioned in section 77, as may be required by regulations under section 188.

(3)Where the application is for an amount of grant or loan representing a proportion of the total expense estimated under subsection (2)(c), the application must specify that proportion.

(4)A local authority may require an applicant to provide, within such reasonable period as it may specify, such information as it considers necessary to satisfy itself that the information in the application form is accurate.

(5)The authority must disregard any application from an applicant who fails to comply with such a requirement.

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Commencement Information

I45S. 74 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

75Determination of applicationsS

(1)Subject to the provisions of this Part, it is for the local authority to decide whether to approve an application for a grant or loan.

(2)On approving an application, the local authority must then determine—

(a)the approved expense in accordance with section 76, and

(b)where the application is for a grant or subsidised loan, the applicant's contribution under section 77.

(3)A local authority may approve an application for a grant or loan only if, in its opinion, all of the conditions in subsection (4) (so far as applicable) are satisfied.

(4)Those conditions are—

(a)that the owners of any land on or premises in which the work is to be, or is being, carried out (other than land or premises proposed to be sold or leased under section 12(4) of the 1987 Act) have consented in writing to the application and to being bound by the conditions mentioned in section 83 (in so far as those conditions apply),

(b)where that work has begun, that there were good reasons for beginning it before the application was approved,

(c)that the house or houses to which the application relates will provide suitable living accommodation for such period, and conform with such requirements with respect to construction and physical condition and the provision of services and amenities, as the authority considers reasonable,

(d)that, if the house or houses to which the application relates form part of any premises containing more than one house, the work to be carried out will not prevent the improvement of any other house in the premises, and

(e)that, in the case of an application for a standard loan, the applicant is unable to obtain a sufficient loan on fair terms from a commercial lender.

(5)In subsection (4)(e)—

  • commercial lender” means a person who—

    (a)

    has permission under [F155Part 4A] of or is otherwise authorised under the Financial Services and Markets Act 2000 (c. 8) to pay money under a contract on terms under which it will be repaid or otherwise [F156to enter into a contract of the kind mentioned in paragraph 23 or paragraph 23B of Schedule 2 to that Act (credit agreements and contracts for hire of goods), or],

    (b)

    is an exempt person within the meaning of that Act in relation to the activity mentioned in paragraph (a), [F157and]

    (c)

    F158...

  • fair terms” means terms which, in the opinion of the local authority, are reasonable and affordable having regard to the circumstances of the applicant and the interest rates prevailing at the time the loan was applied for.

(6)Subsection (5)(a) must be read with—

(a)section 22 of the Financial Services and Markets Act 2000,

(b)any relevant order under that section, and

(c)Schedule 2 to that Act.

(7)The authority may, as a condition of paying the grant or loan, impose a requirement that the work to which the grant or loan relates is completed within such period (being a period of not less than 12 months) as the authority may specify or within such further period as the authority may allow.

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Amendments (Textual)

F155Words in s. 75(5)(a) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 140 (with Sch. 20); S.I. 2013/423, art. 3, Sch.

F156Words in s. 75(5)(a) substituted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), art. 1(2)(6), Sch. para. 46(a)

F157Word in s. 75(5)(b) substituted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), art. 1(2)(6), Sch. para. 46(b)

F158XXXS. 75(5)(c) omitted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), art. 1(2)(6), Sch. para. 46(b)

Commencement Information

I46S. 75 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

76The approved expenseS

(1)The approved expense, in relation to the work referred to in an application for a grant or loan, is the amount of—

(a)the expense of carrying out the work, or

(b)the proportion of that expense (as specified in the application),

which the local authority considers reasonable.

(2)If, after approving an application for a grant or loan, the authority is satisfied that—

(a)the expense of carrying out the work will exceed the expense estimated in the application, and

(b)the increase is due to circumstances beyond the control of the applicant,

the authority may, on receipt of a further estimate, substitute a higher amount as the amount of the approved expense in accordance with subsection (1).

(3)Subsections (1) and (2) are subject to subsections (4) and (5).

(4)The Scottish Ministers may, by order, provide that the approved expense in relation to a grant or loan must not, unless they otherwise consent, exceed such amount as may be specified in the order.

(5)In circumstances mentioned in a statement prepared under section 72(1)(b), a local authority may limit the amount of the approved expense in relation to a particular grant or loan to an amount determined in the manner specified in the statement.

(6)Despite subsection (5), a local authority may not limit the amount of the approved expense in relation to an application falling within subsection (7) unless—

(a)the Scottish Ministers consent to the limitation, or

(b)the approved expense would otherwise exceed the amount specified in an order under subsection (4).

(7)An application falls within this subsection if it is made in connection with work in a house for either of the purposes set out in paragraphs (e) and (f) of section 71(2), where the house is (or is likely to become or, in the case of reinstatement, was) a disabled person's only or main residence.

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Commencement Information

I47S. 76 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

77Assessment of applicant's contributionS

(1)The Scottish Ministers may by regulations make provision for the assessment, in relation to such classes of application for a grant or a subsidised loan as the regulations may specify, of an amount to be treated, for the purposes of this Part, as the applicant's contribution towards the approved expense (“the applicant's contribution”).

(2)Regulations under subsection (1) may provide for the assessment to be by reference to—

(a)the income and other financial circumstances of any of the following—

(i)the applicant,

(ii)the applicant's spouse or civil partner,

(iii)any person on whom the applicant is dependent or who is dependent on the applicant,

(iv)any person who resides or intends to reside with the applicant,

(b)such other criteria as the Scottish Ministers think fit.

(3)Regulations under subsection (1) may make provision—

(a)for a local authority, with the consent of the Scottish Ministers, to reduce the applicant's contribution by an amount determined by the authority in such cases as may be specified in the regulations,

(b)for the delegation of functions conferred by this section.

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Commencement Information

I48S. 77 in force at 29.9.2008 for specified purposes by S.S.I. 2008/308, art. 3

I49S. 77 in force at 1.4.2009 in so far as not already in force by S.S.I. 2009/122, art. 3

78Applicant's contribution: reviewS

(1)Where an applicant for a grant or a subsidised loan requests a review of an assessment of the applicant's contribution, the local authority must review the assessment.

(2)A request for a review must be made before the end of the period of 21 days beginning with the day on which the notice under section 81(1) was given or such longer period as the authority may allow.

(3)A review under subsection (1) is to be carried out by a person senior to the person who made the assessment being reviewed and who had no involvement in the making of the assessment.

(4)The authority must notify the applicant of the decision reached on the review.

(5)There is no right to request a review of a decision reached on review.

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Commencement Information

I50S. 78 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

79Amount of grant or loanS

(1)The amount of a grant is the greater of—

(a)the approved expense less the applicant's contribution (if any), or

(b)where subsection (6) applies, the amount determined by virtue of that subsection.

(2)The amount of a standard loan is the approved expense (unless section 88(1)(b) applies).

(3)The amount of a subsidised loan is the approved expense which is divided into two elements—

(a)an interest free element, and

(b)a repayment element.

(4)The amount of the interest free element is the greater of—

(a)the approved expense less the applicant's contribution (if any), or

(b)where subsection (6) applies, the amount determined by virtue of that subsection.

(5)The amount of the repayment element is the approved expense less the amount of the interest free element.

(6)In such cases as the Scottish Ministers may specify in regulations, the amount for the purposes of subsection (1)(b) and (4)(b) is such percentage of the approved expense as may be so specified or such other percentage as a local authority may, with the consent of the Scottish Ministers, determine.

(7)Where the amount of a grant or of the interest free element of a subsidised loan is determined by virtue of subsection (6), the grant or subsidised loan is referred to in this Part as a “minimum percentage” grant or loan.

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Commencement Information

I51S. 79 in force at 29.9.2008 for specified purposes by S.S.I. 2008/308, art. 3

I52S. 79 in force at 1.4.2009 in so far as not already in force by S.S.I. 2009/122, art. 3

80Terms of loanS

(1)A loan may be made on such terms as the local authority thinks fit.

(2)Those terms may include—

(a)terms as to interest, other charges and repayment,

(b)a requirement that the loan, and any such interest and charges, be secured by a standard security over the land on or premises in which the work to which the loan relates is carried out.

(3)But, despite subsection (1)—

(a)no interest or other charge is to be payable in respect of the interest free element of a subsidised loan,

(b)the local authority may not demand repayment of that element of such a loan (or any part of it) unless the applicant to whom the loan is paid disposes of an interest in the land or premises, and

(c)the repayment element of such a loan is to be repaid in instalments of such amounts and at such times as the authority may determine.

(4)For the purposes of this section, a person is to be treated as disposing of an interest in any land or premises if—

(a)the person disposes of the land or premises (or any part of it or them) by way of sale, exchange or gift, or by way of the creation of any right or privilege over that interest or by any other way except by way of lease, the grant of a standard security or other charge or the creation of a servitude, or

(b)where the person holds an interest as tenant, the person ceases to be entitled to occupy the land or premises as tenant.

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Commencement Information

I53S. 80 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

81Notification of decisionsS

(1)On approving an application for a grant or loan the local authority must notify the applicant of—

(a)the approved expense,

(b)the applicant's contribution (where it has been assessed under section 77),

(c)the amount of the grant or loan (and, where the grant or loan is a minimum percentage grant or loan, a statement of that fact), and

(d)the terms (including, in the case of a loan, terms as to interest and repayment) on which the grant or loan is offered.

(2)Where the applicant is not the owner of the land on or premises in which the work to which the application relates is to be, or is being, carried out, the local authority must notify the owner of the matters mentioned in subsection (1)(c) and (d).

(3)In relation to a loan the notice must also advise the applicant to obtain independent advice from a suitably qualified person on the terms on which the loan is offered.

(4)Where an authority—

(a)refuses an application, or

(b)approves an application but fixes as the approved expense in respect of any land or premises an amount less than the amount of the expense estimated in the application or, as the case may be, the proportion of that expense specified in the application in respect of that land or those premises (unless the approved expense is the maximum amount which may be fixed by virtue of an order made under section 76(4)),

it must notify the applicant of the reasons for its decision.

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Commencement Information

I54S. 81 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

82Payment of grants and loansS

(1)A local authority must, if the conditions mentioned in subsection (2) are satisfied, pay a grant or loan—

(a)within one month of the date on which, in the authority's opinion, the house to which the grant or loan relates becomes fit for occupation on completion of the work to which the grant or loan relates, or

(b)by instalments during the carrying out of the work and a final instalment within one month of that date.

(2)Those conditions are—

(a)that the work has been carried out to the satisfaction of the authority, and

(b)in the case of a loan to be secured by a standard security, that the security has been registered in the appropriate land register.

(3)Where payment of a loan is by instalments, subsection (2)(b) applies to payment of the first instalment.

(4)The payment of an instalment is conditional on the part of the work which the authority considers will entitle the applicant to payment of the instalment having been carried out to the satisfaction of the authority.

(5)The aggregate of instalments of a grant paid before the completion of the work must not at any time exceed the sum calculated using the following formula—

where—

G is the amount of the grant,

A is the approved expense, and

W is the amount of the approved expense referable to the work carried out up to that time.

(6)Subsection (7) applies where—

(a)an instalment of a grant or loan is paid before completion of the work, and

(b)the work is not completed within 12 months of the date of payment.

(7)Where this subsection applies, the applicant to whom the instalment is paid must, if the authority so requires, repay to the authority the instalment and any subsequent instalments together with interest from the date on which each instalment was paid at such rate as the authority may determine.

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Commencement Information

I55S. 82 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

Grants and loans: conditionsS

83Conditions applicable on completion of workS

(1)Conditions A to D apply for the period mentioned in subsection (3) with respect to any land on or premises in which work to which an approved grant or loan relates is carried out.

(2)But conditions A and B do not apply where the work is carried out on land or in any premises which is not a house (unless that land is or, as the case may be, those premises are converted by the work into a house).

(3)That period is the period—

(a)beginning with the date on which the work is completed (which cannot be before the house to which the grant or loan relates becomes, in the authority's opinion, fit for occupation), and

(b)ending—

(i)in the case of a grant, 10 years after that date,

(ii)in the case of a subsidised loan, 10 years after that date or on the date on which the repayment element of the loan and any interest or other charge on it is repaid in full, whichever is the later,

(iii)in the case of a standard loan, on the date on which the loan and any interest or other charge on it is repaid in full.

(4)Condition A is that the house must be used as a private dwelling; but that does not prevent the use of part of the house as a shop or office or for business, trade or professional purposes.

(5)Condition B is that the house must not be occupied by the owner or a member of the owner's family (within the meaning of section 83 of the 1987 Act) except as that person's only or main residence.

(6)Condition C is that the owner of the land or premises must take all practicable steps to keep it in a good state of repair.

(7)Condition D is that the owner of the land or premises must, if required to do so by the local authority, certify that the conditions A to C are, in so far as they apply, being observed.

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Commencement Information

I56S. 83 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

84Registration of conditionsS

(1)On paying a grant or loan or, in the case of a grant or loan payable by instalments, the final instalment, the local authority must register notice of that fact in the appropriate land register.

(2)Subsection (1) does not apply where the applicant for the grant or loan was a tenant-at-will (within the meaning of section 20(8) of the Land Registration (Scotland) Act 1979 (c. 33)) unless the applicant has, since applying, acquired the landlord's interest in the tenancy.

(3)But in that case the local authority must keep a written record.

(4)A notice under subsection (1) and a written record under subsection (3) must specify—

(a)the conditions mentioned in section 83 which apply with respect to the land or premises,

(b)the period for which they are to be complied with, and

(c)the provisions of section 86 under which, if the conditions are breached, the owner becomes liable to repay the amount repayable by virtue of that section.

(5)The applicant to whom the grant or loan is paid must pay to the local authority the amount of the expenses of registering the notice under subsection (1).

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Commencement Information

I57S. 84 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

85Discharge of conditionsS

(1)At any time when the conditions mentioned in section 83 require to be complied with in relation to any land or premises, the owner or a creditor in a standard security with a right to sell may pay to the local authority the sum which would be payable by virtue of section 86 in the event of a breach of those conditions.

(2)The reference in subsection (1) to a “right to sell” is a reference to the right of the creditor to sell the land or premises under—

(a)section 20(2) or 23(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35), or

(b)a warrant granted under section 24(1) of that Act.

(3)On the making of the payment observance of those conditions ceases to be required.

(4)Where, following a breach of any of those conditions, the local authority demands payment under section 86(1), observance of the conditions mentioned in section 83 ceases to be required.

(5)On the making of a payment referred to in subsection (3) or a demand for payment referred to in subsection (4) the authority must—

(a)if a notice was registered under subsection (1) of section 84, register a further notice in the appropriate land register,

(b)if a written record was kept under subsection (3) of that section, amend that record,

specifying that observance of the conditions is no longer required.

(6)The owner for the time being of the land or premises must pay to the local authority the amount of the expenses of registering the notice under subsection (5).

(7)A sum paid under subsection (1) by a creditor in a standard security forms part of the sum secured by the standard security.

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Commencement Information

I58S. 85 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

86Breach of conditions of grant or loanS

(1)In the event of a breach of any of the conditions mentioned in section 83 which apply to any land or premises, the local authority must, subject to subsections (2) to (4), demand from the owner for the time being of the land or premises payment of the sums specified in section 87.

(2)If the authority is satisfied that the breach of any condition can be remedied it may, with the consent of the Scottish Ministers and subject to any conditions imposed by them, suspend the operation of subsection (1) for such period as they consider necessary to enable the breach to be remedied.

(3)If the breach is remedied within that period the authority may direct that the breach is to be disregarded for the purposes of this section.

(4)If the authority—

(a)considers that the breach cannot be remedied, but

(b)is satisfied that it was not due to the act, default or connivance of the owner for the time being of the land or premises,

it may, with the consent of the Scottish Ministers and subject to any conditions approved by them, direct that the breach is to be disregarded for the purposes of this section.

(5)On the application of the authority the sheriff within whose jurisdiction the land is, or premises are, situated may, whether or not any other relief is claimed, grant an interdict restraining a breach or apprehended breach of any of those conditions.

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Commencement Information

I59S. 86 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

87Calculation of amount to be paid on breach of conditionsS

(1)In the case of a grant, the sums mentioned in section 86(1) are—

(a)the whole amount of the grant in relation to the work in question, and

(b)interest on the grant accruing from the date of its payment or, where it was paid by instalments, from the date of payment of the final instalment to the date on which the amount mentioned in paragraph (a) is paid.

(2)In the case of a standard loan, those sums are—

(a)the whole amount of the loan in relation to the work in question, and

(b)any interest or other charge on the loan which has accrued to the date on which the amount mentioned in paragraph (a) is paid and which remains outstanding on that date.

(3)In the case of a subsidised loan, those sums are—

(a)the whole amount of—

(i)the repayment element, and

(ii)the interest free element,

of the loan in relation to the work in question,

(b)any interest or other charge on the repayment element which has accrued to the date on which the amount mentioned in paragraph (a)(i) is paid and which remains outstanding on that date, and

(c)any interest or other charge on the interest free element, for which the applicant would have been liable had that element been treated as forming part of the repayment element and which would have accrued to the date on which the amount mentioned in paragraph (a)(ii) is paid.

(4)The reference to “interest” in subsection (1)(b) is to compound interest at such reasonable rate as the local authority determines and with yearly rests.

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Commencement Information

I60S. 87 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

Miscellaneous and supplementaryS

88Limitation on further grant and loan applicationsS

(1)Where an application for a grant or subsidised loan has been approved in respect of any work—

(a)a local authority must not approve a further grant or, as the case may be, subsidised loan in respect of the same work, but

(b)where an application for a grant has been approved, a local authority may approve an application for a standard loan in respect of the same work for an amount not exceeding the amount of the approved expense less the amount of the grant.

(2)Where an application for a grant or a subsidised loan has been approved in respect of any work, the local authority must not, within the period of 10 years beginning with the date on which the application was approved, approve a further application for a grant or subsidised loan in respect of the land on or premises in which the work is carried out unless it is satisfied that at least one of the conditions set out in subsection (3) applies.

(3)Those conditions are—

(a)that the need for the work to which the further application relates was not reasonably foreseeable when the original application was approved,

(b)that it would not have been reasonably practicable to carry out that work at the same time as the work to which the original application related,

(c)that the work to which the further application relates was not considered by the authority to be eligible for a grant or subsidised loan when the original application was approved,

(d)the application is made in response to an invitation made by the authority to the applicant under section 90(1).

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Commencement Information

I61S. 88 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

89Grant and loan applications: offencesS

(1)A person who—

(a)knowingly or recklessly makes a statement—

(i)in an application for a grant or loan, or

(ii)in response to a requirement made under section 74(4),

which is false in a material particular, or

(b)fails, without reasonable excuse, to notify the local authority, as soon as reasonably practicable, of any change of circumstances which—

(i)occurs prior to notification of the authority's decision on an application for a grant or loan being given to that person, and

(ii)that person could reasonably be expected to regard as material to the application,

is guilty of an offence.

(2)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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Commencement Information

I62S. 89 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

90Work to improve energy efficiency and safetyS

(1)Where—

(a)an application for a grant or loan has been made in respect of work in any premises, and

(b)the local authority considers that those premises will, on completion of that work—

(i)where the premises are a house, meet the tolerable standard, and

(ii)in any case, be in a reasonable state of repair (disregarding the state of internal decorative repair) having regard to the age, character and locality of the premises,

the local authority may invite an application (or, as the case may be, a further application) for a grant or subsidised loan in respect of any work in those premises of the type specified in subsection (2).

(2)The work in respect of which such an invitation may be made is—

(a)in the case of a house—

(i)replacement of unsafe electrical wiring,

(ii)installation of mains-powered smoke detectors,

(iii)provision of adequate thermal insulation, and

(b)in the case of any premises any part of which is owned in common, installation of—

(i)a fire-resistant door at the entry to each place forming part of those premises which is, or which is capable of being, occupied separately,

(ii)a main door entry-phone system.

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Commencement Information

I63S. 90 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

91Local authority payments to not for profit lendersS

(1)A local authority may make payments to a designated lender for the purposes of enabling or assisting the lender to lend sums to individuals to assist them with—

(a)the acquisition or sale (or the proposed acquisition or sale) of a house, or

(b)work on any land or any premises for any of the purposes mentioned in section 71(2).

(2)A designated lender is an organisation which—

(a)carries on a business providing such assistance, and

(b)does not carry on that business for profit.

(3)Payments made under subsection (1) may be subject to such terms as the authority thinks fit.

(4)Those terms may include—

(a)terms as to repayment,

(b)terms restricting the terms on which the designated lender lends sums to individuals.

(5)The Scottish Ministers may, by regulations—

(a)amend the definition of “designated lender” in subsection (2),

(b)make provision as to the terms which may be imposed under subsection (3) (including provision restricting or requiring the imposition of a term).

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Commencement Information

I64S. 91 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

Special casesS

92TenantsS

A tenant is not eligible for a grant or loan unless the work to which the grant or loan relates—

(a)has, for the period of 2 years preceding the tenant's application, been the tenant's responsibility under the tenancy,

(b)is for either of the purposes set out in paragraphs (e) and (f) of section 71(2), or

(c)is required as a matter of urgency for the health, safety or security of the occupants of a house, including, in particular, work to—

(i)repair a house,

(ii)provide means of escape from fire or other fire precautions.

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Commencement Information

I65S. 92 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

93Application to agricultural tenants etc.S

(1)For the purposes of this Part, where the condition in subsection (2) is satisfied, a tenant, crofter, landholder or statutory small tenant is deemed to be the owner of any land or premises on the person's farm, croft or holding.

(2)That condition is that, on the termination of the tenancy, the person would be entitled to compensation for the work to which the grant or loan relates under the Agricultural Holdings (Scotland) Act 1991 (c. 55), the Agricultural Holdings (Scotland) Act 2003 (asp 11), the Crofters (Scotland) Act 1993 (c. 44) or the Small Landholders (Scotland) Acts 1886 to 1931 as for an improvement.

(3)Where by virtue of subsection (1) a grant or subsidised loan is made to a crofter, a landholder or a statutory small tenant in respect of work in relation to land or premises on the person's farm, croft or holding, the local authority must intimate to the landlord of the croft or holding that the grant or loan has been made, and the amount.

(4)Subsection (5) applies where—

(a)compensation becomes payable as for an improvement under the Crofters (Scotland) Act 1993 (c. 44) or the Small Landholders (Scotland) Acts 1886 to 1931 in respect of a house, or for work carried out in relation to a house, provided on a farm, croft or holding, and

(b)under section 83, conditions must at that time be observed with respect to the house otherwise than by its landlord.

(5)The amount specified in subsection (6) is to be deducted from the amount of compensation which would be payable but for this subsection.

(6)That amount is—

(a)where a grant was made in relation to the house, so much of the value of the house or work as is attributable to the grant, or

(b)where a subsidised loan was made in relation to the house, so much of the value of the house or work as is attributable to the interest free element of that loan.

(7)The landlord of a farm, croft or holding on which there is land or premises with respect to which conditions under section 83 must for the time being be complied with is not entitled to receive any sum by way of rent or otherwise in respect of so much of the value of the house or work as is attributable to the grant or subsidised loan.

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Commencement Information

I66S. 93 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

SupplementaryS

94Directions and guidanceS

(1)The Scottish Ministers may give directions to local authorities in relation to the provision of assistance under this Part.

(2)Directions under subsection (1) may, in particular, with a view to preventing the duplication of the making of grants or loans in respect of the same work, make provision as to the circumstances in which local authorities—

(a)may or may not exercise their powers, or

(b)are or are not to perform their duties,

under this Part.

(3)A direction under subsection (1) may be—

(a)given to a particular authority or to authorities generally,

(b)varied or revoked.

(4)A direction under subsection (1) may not relate to the provision of assistance to a particular person or in relation to particular premises.

(5)In exercising its functions under this Part, a local authority must have regard to any guidance issued by the Scottish Ministers.

(6)Before issuing any such guidance the Scottish Ministers must consult—

(a)such bodies representing local authorities, and

(b)such other persons,

as they think fit.

(7)The Scottish Ministers may vary or revoke any such guidance.

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Commencement Information

I67S. 94 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

95Local authority powers for improvement of amenity of an areaS

(1)For the purpose of improving the amenity of a predominantly residential locality in its area, a local authority may—

(a)carry out any work on any land or in any premises owned by it,

(b)assist (whether by grants or loans or otherwise) in the carrying out of work on any land or in any premises not owned by it,

(c)with the agreement of the owner of any land or premises carry out or arrange for the carrying out of work on that land or in those premises at the expense of the owner, of the authority or of both,

(d)acquire any land or premises—

(i)by agreement, or

(ii)with the authorisation of the Scottish Ministers, compulsorily.

(2)The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42) applies in relation to an acquisition under subsection (1)(d)(ii) as if that provision were contained in an Act of Parliament in force immediately before the commencement of that Act (with references in that Act to land being read, in the case of an acquisition of premises, as references to those premises).

(3)Assistance may be provided under subsection (1)(b) on such terms as the local authority thinks fit.

(4)This section does not apply in relation to—

(a)any house, or

(b)any part of any premises which is a building which is, or which is capable of being, occupied.

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Commencement Information

I68S. 95 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

96Application of this Part to the Scottish MinistersS

Any power of a local authority to make grants or loans (including the powers to make payments under section 91(1) and to provide assistance under section 95(1)(b)), and any function of a local authority in relation to the making of grants or loans, under this Part is exercisable by the Scottish Ministers as it is by the local authority.

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Commencement Information

I69S. 96 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

97Interpretation of Part 2S

(1)In this Part—

  • applicant's contribution” means an amount assessed under section 77,

  • approved expense” has the meaning given in section 76,

  • interest free element” means an amount determined under section 79(4),

  • “minimum percentage grant” and “minimum percentage loan” have the meanings given in section 79(7),

  • repayment element” means an amount determined under section 79(5),

  • standard loan” means a loan made under this Part which is not a subsidised loan,

  • subsidised loan” means a loan made under this Part which is divided into two elements in accordance with section 79(3).

(2)In this Part—

(a)references to grants or loans (excluding the reference in section 95(1)(b)) are to grants or loans provided under section 71(1), and

(b)references to the applicant for a grant or loan are to be read, in relation to any time after an applicant dies, as references to the applicant's executor.

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Commencement Information

I70S. 97 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

Part 3SProvision of information on sale of house

Duty to have or provide information about houses on the marketS

98Duty to have information about a house which is on the marketS

A person who is responsible for marketing a house which is on the market must possess the prescribed documents in relation to the house.

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Commencement Information

I71S. 98 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

99Duty to provide information to potential buyerS

(1)A person who is responsible for marketing a house which is on the market must comply with any request by a potential buyer for a copy of any or all of the prescribed documents in relation to the house.

(2)Such a request must be complied with within such period as the Scottish Ministers may by regulations specify (“the permitted period”).

(3)The duty under subsection (1) does not apply if the person responsible for marketing the house reasonably believes that the person making the request—

(a)is unlikely to have sufficient means to buy the house in question,

(b)is not genuinely interested in buying the house, or

(c)is not a person to whom the seller is likely to be prepared to sell the house.

(4)Nothing in subsection (3) authorises the doing of anything which is an unlawful act of discrimination.

(5)Subsection (3) does not apply if the person responsible for marketing the house knows or suspects that the person making the request is an officer of an enforcement authority.

(6)The person responsible for marketing the house may charge a sum not exceeding the reasonable cost of making and, if requested, sending a paper copy of any prescribed documents requested under subsection (1).

(7)If the person responsible for marketing the house ceases to be so responsible before the end of the permitted period (whether because the house has been sold, taken off the market or for any other reason), that person ceases to be under any duty to comply with a request made under subsection (1).

(8)A person does not comply with the duty under subsection (1) by providing a copy in electronic form unless the potential buyer consents in writing to receiving it in that form.

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Commencement Information

I72s. 99 not in force at Royal Assent see s. 195(3); s. 99 in force for certain purposes at 4.12.2006 by S.S.I. 2006/569, art. 2

I73S. 99 in force at 1.12.2008 in so far as not already in force by S.S.I. 2008/308, art. 3 (with art. 4)

100Imposition of conditions on provision of informationS

(1)A potential buyer who has made a request to which section 99(1) applies may be required to comply with either or both of the following conditions before a copy is provided.

(2)The potential buyer may be required to pay a charge authorised by section 99(6).

(3)The potential buyer may be required to accept any terms specified in writing which—

(a)are proposed by the seller or in pursuance of the seller's instructions, and

(b)relate to the use or disclosure of the copy (or any information contained in or derived from it).

(4)A condition is effective only if it is notified to the potential buyer before the end of the permitted period.

(5)Where the potential buyer has been so notified of either or both of the conditions authorised by this section, the permitted period for the purposes of section 99(2) is to run afresh beginning with—

(a)where one condition only is involved, the day on which the potential buyer complies with it by making the payment demanded or, as the case may be, accepting the terms proposed (or such other terms as may be agreed between the seller and the potential buyer in substitution for those proposed), or

(b)where both conditions are involved, the day on which the potential buyer complies with them or, where each condition is complied with on a different day, the later of those days.

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Commencement Information

I74S. 100 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

101Other duties of person acting as agent for sellerS

(1)This section applies to a person acting as agent for the seller of a house where—

(a)the house is not on the market, or

(b)the house is on the market but the person so acting is not responsible for marketing the house.

(2)A person to whom this section applies must possess the prescribed documents in relation to a house when any qualifying action is taken by or on behalf of that person.

(3)In subsection (2) “qualifying action” means action taken with the intention of marketing the house which—

(a)communicates to any person the fact that the house is or may become available for sale, but

(b)does not put the house on the market.

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Commencement Information

I75S. 101 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

102Acting as agentS

(1)A person acts as agent for the seller of a house if the person does anything in the course of a business in pursuance of marketing instructions from the seller.

(2)In subsection (1) “marketing instructions” means instructions to carry out any activities with a view to—

(a)effecting the introduction to the seller of a person wishing to buy the house, or

(b)selling the house by auction.

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Commencement Information

I76S. 102 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

103Duty to ensure authenticity of documents held under section 98 or 101S

(1)This section applies to a person who is subject to the duty in section 98 or 101(2).

(2)Where such a person—

(a)provides a potential buyer with, or

(b)allows a potential buyer to inspect,

a copy of a prescribed document (or a part of such a document), that person must ensure that the copy is authentic.

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Commencement Information

I77S. 103 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

Prescribed documentsS

104Information to be held or provided to potential buyersS

(1)The Scottish Ministers may by regulations—

(a)prescribe documents for the purposes of section 98, 99(1) or 101(2), and

(b)make such further provision about those documents as they think fit.

(2)A document may be prescribed under subsection (1) only if the Scottish Ministers consider that it discloses information about—

(a)the physical condition of a house (including any characteristics or features of the house),

(b)the value of a house, or

(c)any other matter connected with a house, or the sale of a house, that would be of interest to potential buyers.

(3)Regulations under subsection (1) may, in particular, make provision—

(a)about the form of, and the information to be included in, or excluded from, a prescribed document,

(b)requiring that a prescribed document be prepared by a person of a description specified in the regulations,

(c)requiring that the date to which information in a prescribed document relates is no earlier than the beginning of such period as the regulations may specify before the date on which the house was put on the market,

(d)requiring that a prescribed document is to be valid for such period of time, or is to be invalidated in such circumstances, as the regulations may specify.

(4)Regulations under subsection (1) may also make provision for and in connection with the registration of prescribed documents and may, in particular, make provision—

(a)for a register of prescribed documents to be kept by the Scottish Ministers or such other person as the regulations may specify (or for the keeping of 2 or more such registers),

(b)authorising the Scottish Ministers to make payments or to give other assistance in connection with the creation, administration or operation of such a register,

(c)requiring persons of such type as may be so specified to register prescribed documents in such circumstances as may be so specified,

(d)about the circumstances and manner in which, and the purposes for which, information contained in such a register may be inspected, copied or otherwise obtained,

(e)setting the amount, or the maximum amount, of any fee which may be charged in connection with registering documents or with inspecting or obtaining information contained in such a register,

(f)for enforcement by enforcement authorities of any requirement to register prescribed documents.

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Commencement Information

I78 s. 104 not in force at Royal Assent see s. 195(3); s. 104 in force for certain purposes at 4.12.2006 by S.S.I. 2006/569, art. 2

I79S. 104 in force at 1.12.2008 in so far as not already in force by S.S.I. 2008/308, art. 3 (with art. 4)

Exceptions from dutyS

105Exceptions from duty to have or provide informationS

The Scottish Ministers may by regulations—

(a)exempt persons of such description as the regulations may specify from any of the duties in section 98, 99(1) or 101(2),

(b)specify periods of time during which or circumstances under which—

(i)a person need not possess any prescribed document under section 98 or section 101(2), or

(ii)a person need not comply with a request under section 99(1),

(c)set out such other exceptions to the duties mentioned in paragraph (a) as may be so specified.

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Commencement Information

I80 s. 105 not in force at Royal Assent see s. 195(3); s. 105 in force for certain purposes at 4.12.2006 by S.S.I. 2006/569, art. 2

I81S. 105 in force at 1.12.2008 in so far as not already in force by S.S.I. 2008/308, art. 3 (with art. 4)

Responsibility for marketing housesS

106Responsibility for marketing: generalS

(1)Only the seller or a person acting as agent for the seller may be responsible for marketing the house.

(2)A seller is not so responsible if any person is acting as agent for the seller.

(3)But a seller who—

(a)is not responsible because of subsection (2), and

(b)reasonably believes that the person acting as agent for the seller possesses the prescribed documents,

must take reasonable steps to inform a potential buyer that a request under section 99(1) should be made to the person acting as agent.

(4)A person may be responsible for marketing the house on more than one occasion.

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Commencement Information

I82S. 106 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

107Responsibility of person acting as agentS

(1)A person acting as agent becomes responsible for marketing the house when action taken by or on behalf of that person results in the house being on the market.

(2)That responsibility ceases when—

(a)the house is sold or taken off the market, or

(b)each of the conditions in subsection (3) is satisfied.

(3)Those conditions are that—

(a)the contract between the person acting as agent and the seller is terminated (whether by withdrawal of marketing instructions or otherwise),

(b)the person acting as agent has ceased to take any action which makes public the fact that the house is on the market, and

(c)any such action being taken on behalf of the person acting as agent has ceased.

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Commencement Information

I83S. 107 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

108Responsibility of sellerS

(1)A seller becomes responsible for marketing the house when action taken by or on behalf of the seller results in the house being on the market.

(2)That responsibility ceases when—

(a)the house is sold or taken off the market, or

(b)the conditions in subsection (3) are satisfied.

(3)Those conditions are that—

(a)the seller has ceased to take any action which makes public the fact that the house is on the market, and

(b)any such action being taken on behalf of the seller has ceased.

(4)In this section references to action taken on behalf of the seller exclude action taken by or on behalf of a person acting as the seller's agent.

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Commencement Information

I84S. 108 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

EnforcementS

109Enforcement authoritiesS

(1)Every local weights and measures authority is an enforcement authority for the purposes of this Part.

(2)It is the duty of each enforcement authority to enforce this Part in their area.

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Commencement Information

I85S. 109 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

110Power to require production of prescribed documentsS

(1)An authorised officer of an enforcement authority may require a person who appears to the officer to be or to have been subject to the duty under section 98, 99(1) or 101(2) in relation to a house to produce for inspection a copy of any prescribed document in relation to the house.

(2)The power conferred by subsection (1) includes power—

(a)to require the production in a legible documentary form of any document which is held in electronic form, and

(b)to take copies of any document produced for inspection.

(3)A requirement under this section may not be made more than 6 months after the last day on which the person concerned appeared to the officer to be subject to the duty under section 98, 99(1) or 101(2) in relation to the house.

(4)A person subject to a requirement under this section must comply with it within the period of 7 days beginning with the day after that on which it is made.

(5)But a person need not comply with the requirement if the person has a reasonable excuse for not complying with it.

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Commencement Information

I86S. 110 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

111Penalty charge noticesS

(1)An authorised officer of an enforcement authority may, if the officer believes that a person has breached any duty under section 98, 99(1), 101(2) or 103(2), give a penalty charge notice to that person.

(2)A penalty charge notice may not be given after the end of the period of 6 months beginning with the day on which it appeared to the officer that the duty was breached.

(3)Schedule 3 (which makes further provision about penalty charge notices) has effect.

(4)The Scottish Ministers may by regulations make further provision about penalty charge notices or any other notice mentioned in schedule 3.

(5)Such regulations may, in particular, include provision prescribing—

(a)the form of penalty charge notices or any other notice mentioned in that schedule,

(b)circumstances in which penalty charge notices may not be given,

(c)the methods by which penalty charge notices or any other notice must be given,

(d)the method or methods by which penalty charges may be paid.

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Commencement Information

I87S. 111 partly in force; s. 111 not in force at Royal Assent see s. 195(3); s. 111(3) in force for certain purposes at 4.12.2006 by S.S.I. 2006/569, art. 2

I88S. 111(1)(2)(4)(5) in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

I89S. 111(3) in force at 1.12.2008 in so far as not already in force by S.S.I. 2008/308, art. 3 (with art. 4)

112Offences relating to enforcement officersS

(1)A person who obstructs an authorised officer of an enforcement authority acting in pursuance of section 110 is guilty of an offence.

(2)A person who, not being an authorised officer of an enforcement authority, purports to act as such in pursuance of section 110 or 111 is guilty of an offence.

(3)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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Commencement Information

I90S. 112 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

Duty to provide information to tenant exercising right to purchaseS

113Information for tenants exercising right to purchaseS

(1)The 1987 Act is amended as follows.

(2)In subsection (2) of section 63 (application to purchase and offer to sell)—

(a)the word “and” immediately preceding paragraph (e) is repealed, and

(b)after that paragraph, insert— ; and

(f)information prescribed under section 63A..

(3)After section 63 insert—

63AInformation to be prescribed

(1)The Scottish Ministers may by regulations made by statutory instrument—

(a)prescribe information for the purpose of paragraph (f) of section 63(2); and

(b)make such further provision about that information as they think fit.

(2)Information prescribed under subsection (1) may include information which—

(a)provides a reasonable estimate of any costs of maintaining the house and any common parts;

(b)states how long—

(i)any common parts;

(ii)any fixtures and fittings; or

(iii)any items in, forming part of or relating to the house as may be prescribed by the regulations,

are expected to last, including a reasonable estimate of the cost of replacing each of the things to which the information relates; and

(c)relates to any other matters which may be of interest to a tenant who has served an application to purchase.

(3)Regulations made under subsection (1) may, in particular, specify circumstances in which an offer to sell need not contain prescribed information unless the tenant pays, or undertakes to pay, to the landlord such sum as may be specified in the regulations.

(4)In this section “common parts” means any—

(a)part of the house;

(b)part of any building of which the house forms part; or

(c)other property,

which the tenant, as owner of the house, would own in common with others or would have an obligation in common with others to maintain.

(5)Regulations may not be made under subsection (1) unless a draft of the statutory instrument containing the regulations has been laid before and approved by resolution of the Scottish Parliament..

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Commencement Information

I91S. 113 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

SupplementaryS

114Grants for development of proposalsS

(1)The Scottish Ministers may make grants towards expenditure incurred by any person in connection with the development of proposals for any provision to be made by regulations under section 104(1).

(2)A grant under this section may be made on conditions, which may include (among other things)—

(a)conditions as to the purposes for which the grant or any part of it may be used,

(b)conditions requiring the repayment of the grant or any part of it in such circumstances as may be specified in the conditions.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I92S. 114 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

115Disapplication for houses not available with vacant possessionS

(1)The duties under sections 98, 99, 101 and 103 apply in relation to a house only when it is available for sale with vacant possession.

(2)For the purposes of this Part, a house being marketed is presumed to be available with vacant possession unless the contrary appears from the manner in which the house is being marketed.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I93S. 115 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

116Application of Part to sub-divided buildingsS

(1)This section applies where—

(a)two or more houses in a sub-divided building are marketed for sale as a single property, and

(b)any one or more of those houses—

(i)is not available for sale separately from the others, but

(ii)is available with vacant possession.

(2)The provisions of this Part (but not section 115) apply to the house mentioned in subsection (1)(a) as if it were a single house.

(3)Subsection (2) does not affect the application of this Part to any of those houses which are available for sale as a separate house.

(4)In this section “sub-divided building” means a building originally constructed or adapted for use as a single dwelling which has been divided (on one or more occasions) into separate houses.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I94S. 116 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

117Notification of breach of dutyS

(1)An enforcement authority may notify—

(a)the [F159lead enforcement authority (as defined in section 33(1) of the Estate Agents Act 1979)],

(b)any other person or body having an interest,

of any breach of duty under this Part appearing to the authority to have been committed by a person acting as agent for the seller of a house.

(2)An enforcement authority must notify the [F160lead enforcement authority] of—

(a)any penalty charge notice given by an officer of the authority under section 111,

(b)any notice given by the authority confirming or withdrawing a penalty charge notice, and

(c)the result of any appeal from the confirmation of a penalty charge notice.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I95S. 117 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

118Possession of documentsS

(1)For the purposes of this Part, “possession” includes civil possession; and “possess” and “possesses” are to be construed accordingly.

(2)A document held in electronic form is to be treated for the purposes of this Part as being in a person's possession if the person is readily able (using equipment available to that person)—

(a)to view the document in a form that is legible, and

(b)to produce copies of it in a legible documentary form.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I96S. 118 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

119Meaning of “on the market”, “sale” and related expressionsS

(1)In this Part references to “the market” are to the market for houses in Scotland.

(2)A house is on the market when the fact that it is or may become available for sale is, with a view to marketing the house, made public in Scotland by or on behalf of the seller.

(3)A house is to be regarded as remaining on the market until it is sold or taken off the market.

(4)A fact is made public when it is advertised or otherwise communicated (in whatever form and by whatever means) to the public or a section of the public.

(5)In this Part—

  • long lease” means a probative lease—

    (a)

    granted for a period exceeding 20 years, or

    (b)

    which contains an obligation on the landlord to renew the lease from time to time at fixed periods, upon the termination of a life or lives, or otherwise so that the total duration could (in terms of the lease, as renewed, and without any subsequent agreement, express or implied, between the persons holding the interests of the landlord and the tenant) endure for a period exceeding 20 years,

  • potential buyer” means a person who claims to be interested, or that the person may become interested, in buying a house,

  • sale”, in relation to a house, means a disposal, or agreement to dispose, by way of sale of—

    (a)

    the ownership of the house,

    (b)

    the interest of the tenant under a long lease of a house,

    and “seller” means a person contemplating such a disposal (and related expressions are to be construed accordingly).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I97S. 119 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

Part 4 STenancy deposits

120Tenancy deposits: preliminaryS

(1)A tenancy deposit is a sum of money held as security for—

(a)the performance of any of the occupant's obligations arising under or in connection with a tenancy or an occupancy arrangement, or

(b)the discharge of any of the occupant's liabilities which so arise.

(2)A tenancy deposit scheme is a scheme for safeguarding tenancy deposits paid in connection with the occupation of any living accommodation.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I98S. 120 in force at 21.12.2010 by S.S.I. 2010/436, art. 2

121Tenancy deposit schemes: regulatory frameworkS

(1)The Scottish Ministers may by regulations (“tenancy deposit regulations”)—

(a)set out conditions which a tenancy deposit scheme must meet before they can approve it under section 122,

(b)make such further provision about tenancy deposit schemes as they think fit.

(2)Tenancy deposit regulations may, in particular—

(a)make provision about the manner and circumstances in which tenancy deposits must be paid, held and repaid under an approved scheme,

(b)impose sanctions for failing to participate in, or to comply with, an approved scheme,

(c)set out a mechanism for resolving disputes relating to an approved scheme,

(d)prescribe the type of person who may administer an approved scheme,

(e)authorise the Scottish Ministers to make payments, or to give guarantees or other assistance, in connection with—

(i)the creation, administration or operation of an approved scheme,

(ii)the resolution of disputes relating to an approved scheme,

(f)set the amount, or the maximum amount, of any fee which may be charged in connection with an approved scheme,

(g)prescribe arrangements for publicising approved schemes.

(3)But tenancy deposit regulations may not—

(a)prescribe circumstances in which tenancy deposits must be paid under a tenancy or an occupancy arrangement,

(b)create offences.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I99S. 121 in force at 21.12.2010 by S.S.I. 2010/436, art. 2

122Approval of tenancy deposit schemesS

(1)The Scottish Ministers may approve a tenancy deposit scheme devised by them or by any other person.

(2)Such an approval—

(a)may not be given unless tenancy deposit regulations are in force, and

(b)must be given in accordance with the tenancy deposit regulations then in force.

(3)Before approving a tenancy deposit scheme, the Scottish Ministers must—

(a)publicise the terms of the proposed scheme in such manner as they think fit, and

(b)consult—

(i)such persons representing landlords or tenants whom they think may be affected by the proposed scheme, and

(ii)such other persons as they think fit,

about the proposed scheme.

(4)The Scottish Ministers must review each approved tenancy deposit scheme from time to time and may, following any such review—

(a)take steps to secure the revision of the reviewed scheme, or

(b)withdraw their approval of the reviewed scheme.

(5)Subsections (1) to (4) apply to revised schemes in the same way as they apply to new schemes (except that that the duty imposed by subsection (3) does not apply if the Scottish Ministers think that a proposed revision is unlikely to adversely affect any person significantly).

(6)The Scottish Ministers may approve—

(a)different tenancy deposit schemes for different types of tenancy or occupancy arrangement,

(b)more than one tenancy deposit scheme for the same type of tenancy or occupancy arrangement.

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Commencement Information

I100S. 122 in force at 21.12.2010 by S.S.I. 2010/436, art. 2

123Amendment of Rent (Scotland) Act 1984S

In section 90(3) (declaration that deposits are not premiums) of the Rent (Scotland) Act 1984 (c. 58), after “obligations” insert “ for rent, ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I101S. 123 in force at 21.12.2010 by S.S.I. 2010/436, art. 2

Part 5 SLicensing of houses in multiple occupation

IntroductoryS

124Requirement for HMOs to be licensedS

(1)Every house in multiple occupation (“HMO”) must be licensed under this Part unless it is exempted by or under section 126, 127 or 142.

(2)A licence under this Part (an HMO licence) is a licence granted by a local authority authorising occupation of living accommodation as an HMO.

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Commencement Information

I102S. 124 in force at 31.8.2011 by S.S.I. 2010/159, art. 3 (with art. 6(4))

Meaning of “house in multiple occupation”S

125Meaning of “house in multiple occupation”S

(1)[F161HMO” means any living accommodation] occupied by 3 or more persons who are not all members of the same family or of one or other of two families [F162-

(a)which—

(i)falls within subsection (2), and

(ii)is occupied by those 3 or more persons as an only or main residence, or

(b)which is of such type, or which is occupied in such manner, as the Scottish Ministers may by order specify.]

[F163(1A)Before making an order under subsection (1)(b), the Scottish Ministers must consult—

(a)local authorities, and

(b)such tenants (or tenants' representatives) and such landlords (or landlords' representatives) as they think fit.]

(2)Living accommodation falls within this subsection if—

(a)it is a house, or

(b)it is, or forms part of, any premises or group of premises owned by the same person and its occupants share one or more of the basic amenities with each other.

(3)The “basic amenities” are—

(a)a toilet,

(b)personal washing facilities, and

(c)facilities for the preparation or provision of cooked food.

(4)For the purposes of this section—

F164(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)living accommodation occupied during term time by a person undertaking a full-time course of further or higher education is, at all times during that person's residence, to be treated as being that person's only or main residence,

(c)a patient in a health service hospital (within the meaning of section 108(1) of the National Health Service (Scotland) Act 1978 (c. 29)) is not to be treated as occupying the hospital,

(d)a person is not to be treated as sharing a basic amenity if the living accommodation concerned has more than one of any such amenity and the person has exclusive use of at least one of them.

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Amendments (Textual)

Commencement Information

I103S. 125 in force at 31.8.2011 by S.S.I. 2010/159, art. 3

126HMOs exempt from licensing requirementS

(1)An HMO is exempt from the requirement to be licensed under this Part if it is—

(a)occupied only by the owners of the HMO either alone or together with—

(i)any persons in the same family as any of those owners, and

(ii)any number of other persons who are unrelated to any of those owners but who are members of the same family or of one or other of two families,

(b)provided as part of—

(i)a care home service,

(ii)an independent health care service,

(iii)a school care accommodation service, or

(iv)a secure accommodation service,

registered under [F165Part 5 of the Public Services Reform (Scotland) Act 2010],[F166or, as the case may be, under section 10Q(1) of the National Health Service (Scotland) Act 1978 (c.29)]

(c)owned by the Crown and occupied only by members of the armed forces of the Crown (either alone or together with any persons in the same family as any of those members),

(d)a prison, a young offenders institution or a remand centre,

(e)occupied only by—

(i)persons who are members of, and fully maintained by, a religious order the main occupation of which is prayer, contemplation, education or the relief of suffering, or

(ii)a group consisting of such persons and no more than two other persons,

(f)subject to a management control order made under section 74 (order transferring landlord's rights and obligations to local authority) of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), or

(g)owned by a co-operative housing association (within the meaning of section 300(1)(b) of the 1987 Act) the management of which is undertaken by general meeting.

(2)The Scottish Ministers may by order amend subsection (1) by—

(a)adding or removing the description of any type of HMO to or from those descriptions for the time being listed in that subsection, or

(b)varying any such description which is for the time being so listed.

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Amendments (Textual)

Commencement Information

I104S. 126 in force at 31.8.2011 by S.S.I. 2010/159, art. 3

127Power to designate HMOs capable of being exempted by local authoritiesS

(1)The Scottish Ministers may by order describe types of HMOs which may be exempted by a local authority from the requirement to be licensed under this Part.

(2)A local authority may by order exempt from the requirement to be licensed under this Part any HMO of a type described in an order made under subsection (1) which is situated in—

(a)the authority's area, or

(b)any part of that area as may be specified in the order,

and the local authority may vary or revoke such an order at any time.

(3)The local authority must give notice of any order it makes, or of any variation or revocation, under subsection (2)—

(a)in a newspaper circulating in the authority's area, and

(b)to every person entered in the register maintained by the authority under section 82(1) of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8) (the “register of landlords”).

(4)The local authority must serve a copy of any notice given under subsection (3)(b) on any other person who—

(a)acts for the person to whom the notice is given, and

(b)is specified in the authority's register of landlords as being a person who so acts,

but failure to comply with this subsection does not invalidate the related notice given under subsection (3)(b).

(5)Where—

(a)an order made by the Scottish Ministers under subsection (1) is revoked, or

(b)any description of a type of HMO set out in such an order is amended,

an order made by a local authority under subsection (2) ceases to have effect in so far as it relates to any type of HMO which may no longer be exempted by an order under subsection (2).

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Commencement Information

I105S. 127 in force at 31.8.2011 by S.S.I. 2010/159, art. 3

128RelationshipsS

(1)Persons are to be treated as being in the same family as, and as being related to, each other for the purposes of this Part only if—

(a)they are a couple,

(b)one of them is a relative of the other, or

(c)one of them is a relative of one member of a couple and the other is a relative of the other member of that couple.

(2)For the purposes of subsection (1)—

(a)a “couple” means two persons who—

(i)are married or are civil partners, or

(ii)live together as husband and wife or, where they are of the same sex, in an equivalent relationship,

(b)relative” means parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece,

(c)a relationship by the half-blood is to be treated as a relationship of the whole blood,

(d)the stepchild of a person is to be treated as that person's child, and

(e)a person brought up or treated by another person as if the person were that other person's child (including any person placed with that other person, or with that other person's family, under section 26(1)(a) of the Children (Scotland) Act 1995 (c. 36)) is to be treated as that other person's child.

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Commencement Information

I106S. 128 in force at 31.8.2011 by S.S.I. 2010/159, art. 3

Application for HMO licenceS

129Application for HMO licenceS

(1)An application to a local authority for an HMO licence may be made only by an owner of the living accommodation concerned.

(2)The local authority may determine an application for an HMO licence by—

(a)granting the HMO licence (with or without conditions), or

(b)refusing to grant the HMO licence.

(3)Schedule 4 makes provision about procedural requirements relating to an application for an HMO licence.

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Commencement Information

I107S. 129 in force at 31.8.2011 by S.S.I. 2010/159, art. 3

[F167129APreliminary refusal: breach of planning controlS

(1)The local authority may, within 21 days of an application for an HMO licence, refuse to consider the application if it considers that occupation of the living accommodation concerned as an HMO would constitute a breach of planning control for the purposes of the Town and Country Planning (Scotland) Act 1997 (c. 8) (“the 1997 Act”) by virtue of section 123(a) or (b) of that Act.

(2)The local authority must, within 7 days of deciding to refuse to consider an HMO application, serve notice of its decision on—

(a)the applicant,

(b)the enforcing authority, and

(c)the chief constable.

(3)The notice must—

(a)give the local authority's reason for refusing to consider the HMO application, and

(b)inform the applicant of the effect of subsection (4).

(4)No fee may be charged in respect of a further application for an HMO licence in relation to the living accommodation concerned made within 28 days of the applicant subsequently obtaining—

(a)planning permission under Part 3 of the 1997 Act, or

(b)a certificate of lawfulness of use or development under section 150 or 151 of the 1997 Act,

in respect of the occupation of the living accommodation as an HMO.

(5)This section applies regardless of whether the local authority is the planning authority for the area in which the living accommodation concerned is situated.

(6)For the purposes of this Part, a refusal to consider an application under subsection (1) is not to be treated as a refusal to grant an HMO licence under section 129(2)(b).]

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