- Latest available (Revised)
- Original (As enacted)
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Housing (Scotland) Act 2010. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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.
(1)A “formal communication” means—
(a)any approval, application, certificate, consent, direction, notice, offer to sell, requirement or submission, or
(b)any copy of such a thing,
which is made, served or given under or for the purposes of this Act.
(2)A formal communication must be in writing.
(3)A formal communication is made, served or given if it is—
(a)hand delivered to the person concerned,
(b)sent, by first class post or by using a registered or recorded delivery postal service, in an envelope or package addressed—
(i)where sent to the Regulator, to the “Scottish Housing Regulator” at the Regulator's principal office,
(ii)where sent to a registered social landlord, to the landlord at the address set out in the register,
(iii)where sent to a local authority, to the local authority at its principal office,
(iv)where sent to a body other than a registered social landlord or local authority, to the body at its registered or principal office,
(v)where sent to an individual, to the individual at the individual's principal place of business or usual or last known abode,
(vi)in any case, to the person concerned at a postal address designated for the purpose by that person (such designation to be made by giving notice to the person making, serving or giving the formal communication), or
(c)sent to the person concerned in some other way (including by email, fax or other electronic means) which the sender reasonably considers likely to cause it to be delivered on the same or next day.
(4)A formal communication which is sent by email, fax or other electronic means is to be treated as being in writing only if it is legible and capable of being used for subsequent reference.
(5)A formal communication is, unless the contrary is proved, to be treated as having been made, served or given—
(a)where hand delivered, on the day of delivery,
(b)where posted, on the day on which it would be delivered in the ordinary course of post, or
(c)where sent in a way described in subsection (3)(c), on the day after it is sent.
(6)This section does not apply in relation to—
(a)an application, direction, notice or other thing which is made, served or given for the purposes of legal proceedings, or
(b)an approval by the Scottish Parliament.
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?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
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.
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.
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
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: