Search Legislation

Housing (Scotland) Act 2014

Status:

This is the original version (as it was originally enacted).

28Private rented housing: Enhanced Enforcement Areas

This section has no associated Explanatory Notes

(1)The Scottish Ministers must by regulations provide a scheme whereby a local authority may apply to the Scottish Ministers for additional discretionary powers to enable it to target enforcement action at an area characterised by poor conditions in houses subject to tenancies and occupancy agreements of the type mentioned in section 16(1) (“private rented housing”).

(2)The scheme under subsection (1) must provide—

(a)that a local authority may apply to the Scottish Ministers for an area to be designated as an Enhanced Enforcement Area where it considers that the area is characterised by—

(i)an overprovision or a concentration of private rented housing that appears to the local authority to be—

(A)of a poor environmental standard,

(B)overcrowded, and

(ii)a prevalence of antisocial behaviour, as defined by section 81(4) of the 2004 Act,

(b)where the Scottish Ministers agree to designate an area as an Enhanced Enforcement Area, that the local authority will acquire such additional discretionary powers as the Scottish Ministers consider necessary or expedient, to be exercised for prescribed purposes, including in relation to—

(i)the checks it may carry out before entering a relevant person on the register of landlords that it maintains under Part 8 of the 2004 Act,

(ii)authority to inspect dwellings let by a landlord who is entered on that register,

(c)where the Scottish Ministers agree to designate an area as an Enhanced Enforcement Area, that—

(i)the local authority must take steps to advertise the fact that the designation has been granted,

(ii)the designation will apply for a period of five years commencing from the date on which the Scottish Ministers notify a local authority of its decision,

(iii)the local authority may make a further application for the area to be designated as an Enhanced Enforcement Area before the expiry of its first designation.

(3)Before making regulations under subsection (1), the Scottish Ministers must consult—

(a)local authorities,

(b)persons or bodies who appear to them to represent the interests of—

(i)landlords,

(ii)tenants,

(c)such other persons or bodies as they consider appropriate.

(4)The Scottish Ministers must lay before the Scottish Parliament a draft Scottish statutory instrument containing regulations under subsection (1) by 1 April 2015.

(5)Regulations under subsection (1) may modify, or disapply any provision of, any enactment (including this Act) for the purposes of this section.

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?

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