Search Legislation

Housing (Scotland) Act 2006

Status:

This is the original version (as it was originally enacted).

138Variation of HMO licence

This section has no associated Explanatory Notes

(1)The local authority may vary an HMO licence at any time.

(2)The local authority may do so on the application of the licence holder or of its own accord.

(3)But an HMO licence may not be so varied so as to shorten the period for which the licence has effect.

(4)The local authority must serve notice of any proposed variation on—

(a)where the local authority is proposing the variation, the licence holder,

(b)the chief officer of the fire and rescue authority, and

(c)the chief constable,

and must invite each of them to make oral representations about the proposed variation.

(5)Where the local authority is proposing the variation, the notice required by subsection (4) must give the authority’s reasons for doing so.

(6)The notice and invitation required by subsection (4) must be served not less than 7 days before the local authority proposes to hear any invited representation.

(7)The local authority must consider any such representations made before it decides whether to vary the HMO licence.

(8)A variation of an HMO licence has effect from the latest of the following dates—

(a)the date on which notice of the decision to vary the HMO licence is served on the licence holder under section 158,

(b)where the licence holder, the chief officer of the fire and rescue authority or the chief constable has objected to the variation—

(i)the last date on which the decision to vary the HMO licence may be appealed to the sheriff, or

(ii)where such an appeal is made, the date on which it is abandoned or finally determined other than by quashing the decision to vary, and

(c)any later date as may be specified in the notice of the decision to vary the HMO licence served on the licence holder under section 158.

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 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?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules 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

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

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 enacted version 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