Search Legislation

Housing (Scotland) Act 2006

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Housing (Scotland) Act 2006. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Housing (Scotland) Act 2006

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing provisions within this Act into force:

Commencement Orders bringing legislation that affects this Act into force:

SCHEDULE 2SPrivate rented housing committees: procedure etc.

(introduced by section 22)

This schedulenoteType=Explanatory Notes has no associated

Notification of referralS

1(1)The private rented housing committee to which a tenant's application is referred under section 23(1) must, as soon as practicable after receiving the reference, serve notice on the landlord and the tenant—S

(a)setting out the detail of the application in such manner as the committee think fit,

(b)stating that the president of the private rented housing panel has referred the application to the committee for determination, and

(c)specifying the day by which any—

(i)written representations, or

(ii)request to make oral representations,

must be made.

(2)The day so specified—

(a)must be at least 14 days after the day on which the notice is served, and

(b)may, at the request of either party, be changed to such later day as the committee think fit.

(3)The committee must notify both parties of any change under sub-paragraph (2)(b).

InquiriesS

2(1)The committee may, in considering an application, make such inquiries as they think fit for the purposes of determining whether the landlord has complied with the duty imposed by section 14(1)(b) in relation to the house concerned.S

(2)Inquiries may be made about matters other than those to which the application relates.

(3)Inquiries must include—

(a)consideration of any timeous written representation made by or on behalf of the landlord or tenant,

(b)where the committee receives a timeous request to make an oral representation, hearing any such representation made by or on behalf of the landlord or tenant who made the request, and

(c)consideration of any report about the state of repair of the house concerned which the committee requests a third party to prepare.

(4)A representation or request is timeous if it is received—

(a)by the day specified in the notice served under paragraph 1(1)(c), or

(b)where a later day is specified in a notice served under paragraph 1(2)(b), by that later day.

EvidenceS

3(1)The committee may, for the purposes of making inquiries, require the landlord, the tenant or any other person—S

(a)to attend a hearing of the committee, at such time and place as the committee may specify, for the purposes of giving evidence,

(b)to give the committee, by such day as they may specify, such documents or information as they may reasonably require.

(2)Sub-paragraph (1) does not authorise the committee to require any person to answer any question or to disclose anything which the person would be entitled to refuse to answer or disclose on grounds of confidentiality in civil proceedings in the Court of Session.

(3)Any person on whom a requirement under sub-paragraph (1) is served who—

(a)fails to attend a hearing of the committee as required by the citation,

(b)refuses or fails, while attending such a hearing as so required, to answer any question,

(c)refuses or fails to give the committee any document or information so required,

(d)knowingly or recklessly makes any statement in respect of any information so required which is false or misleading in a material respect, or

(e)deliberately alters, suppresses, conceals or destroys any document so required,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)It is a defence for a person charged with an offence under sub-paragraph (3)(a), (b) or (c) to show that the person had a reasonable excuse for the refusal or failure.

Duty to consult on provision for detecting firesS

4The committee must, where the application relates to the standard of repair mentioned in section 13(1)(f), consult the chief officer of the fire and rescue authority for the area in which the house concerned is situated.S

ExpensesS

5(1)The Scottish Ministers may pay to any person such allowances and expenses as they may determine in respect of—S

(a)the person's attendance at a hearing of any private rented housing committee,

(b)the disclosure of anything required or requested by a committee (including any report about the state of repair of a house which the committee requests the person to prepare),

(c)anything else which the person was required or requested to do for the purposes of or in connection with inquiries made by a committee.

(2)No such payments may be made to—

(a)the landlord,

(b)the tenant, or

(c)a representative of the landlord or tenant,

other than payments of reasonable travelling expenses in respect of attendance at a hearing of any private rented housing committee.

Recording and notification of decisionsS

6(1)This paragraph applies to any decision of a private rented housing committee—S

(a)under section 24(1) (decision on a tenant's application),

(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)),

(f)to consent under section 28(6) to the landlord entering into a tenancy or occupancy arrangement,

(g)to grant, or to refuse to grant, a certificate under section 60.

(2)A decision to which this paragraph applies—

(a)may be reached by majority, and

(b)must be recorded in a document which—

(i)contains a full statement of the facts found by the committee and the reasons for their decision,

(ii)explains the procedure, if any, for appealing the decision, and

(iii)narrates the effect of section 63 (which sets the date from which the decision, and any order made or varied in pursuance of it, has effect).

(3)The committee must, as soon as reasonably practicable after making a decision to which this paragraph applies, serve notice of the decision on—

(a)the landlord,

(b)the tenant,

(c)where the committee is aware of the name and address of a person who acts for the tenant in relation to the tenant's application, that person, and

(d)the local authority.

(4)Such a notice must be accompanied by a copy of—

(a)the document mentioned in sub-paragraph (2)(b),

(b)any order made or varied, or certificate granted, in pursuance of the decision, and

(c)any report which the committee considered before making the decision.

(5)The local authority is entitled to disclose any notice and any copy document, order, certificate or report it receives under this paragraph to—

(a)an authority administering housing benefit,

(b)a person providing services relating to housing benefit to, or authorised to discharge any function relating to housing benefit of—

(i)a local authority, or

(ii)an authority administering housing benefit.

Withdrawal of applicationS

7(1)A tenant may withdraw an application under section 22(1) at any time (and the tenant is to be treated as having withdrawn it if the tenancy concerned is lawfully terminated).S

(2)Where an application is withdrawn before the president of the private rented housing panel refers the case to a private rented housing committee, the president may—

(a)abandon the application, or

(b)despite the withdrawal, continue to refer the case to a private rented housing committee.

(3)Where an application is withdrawn after it has been referred to a private rented housing committee, the committee may—

(a)abandon their consideration of the application, or

(b)despite the withdrawal—

(i)continue to determine the application, and

(ii)if they do so by deciding that the landlord has failed to comply with the duty imposed by section 14(1), make and enforce a repairing standard enforcement order.

Procedure: further provision.S

8(1)The Scottish Ministers may by regulations make further provision about the making or determination of applications under section 22(1).S

(2)Those regulations may, in particular, provide that matters which are preliminary or incidental to the determination of such an application may be dealt with by any individual member of the private rented housing panel or a private rented housing committee alone.

Annotations: Help about Annotation
Close

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

I1Sch. 2 para. 8 partly in force; Sch. 2 para. 8 not in force at Royal Assent see s. 195(3); Sch. 2 para. 8 in force for certain purposes at 4.12.2006 by S.S.I. 2006/569, art. 2; Sch. 2 para. 8 in force at 3.9.2007 by S.S.I. 2007/270, {art. 3 Table}

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources