Private Rented Housing (Scotland) Act 2011

24 Variation

(1) The local authority may vary an overcrowding statutory notice (including extending the duration of its effect) at any time.

(2) But a notice may not be so varied so as to shorten the duration of its effect.

(3) The local authority must serve notice of any variation of an overcrowding statutory notice on the landlord in accordance with section 28.

(4) The following sections apply to a notice of variation of an overcrowding statutory notice as they apply to an overcrowding statutory notice—

(a) section 22 (representations),

(b) section 23 (appeals).

(5) A variation of an overcrowding statutory notice has effect from the latest of the dates set out in subsection (6).

(6) Those dates are—

(a) the last date on which the notice of variation of the overcrowding statutory notice may be appealed to the sheriff under section 23,

(b) where such an appeal is made, the date on which—

(i) an order is made under section 23(4), or

(ii) the application is abandoned, and

(c) any later date as may be specified in the notice of variation of the overcrowding statutory notice.

(7) Any reference to an overcrowding statutory notice in this Part includes, unless the context otherwise requires, any variation which has effect by virtue of this section.