Housing (Scotland) Act 2014

80 Recovery of inspection and enforcement expenses

After section 32Z1 of the 1960 Act (inserted by section 79), insert—

“32Z2 Expenses of issuing notices

(1) This section applies where a local authority has served—

(a) an improvement notice,

(b) a penalty notice,

(c) an emergency action notice, or

(d) an emergency action report.

(2) The local authority may recover from the licence holder or, as the case may be, the occupier of the relevant permanent site—

(a) expenses incurred by the authority in deciding whether to serve the notice or report,

(b) expenses incurred by the authority in preparing and serving the notice or report, and

(c) interest, at such reasonable rate as the authority may determine, in respect of the period beginning on a date specified by the authority until the whole amount is paid.

(3) The expenses referred to in subsection (2) include in particular the costs of obtaining expert advice (including legal advice).

32Z3 Expenses of taking action under improvement notice or emergency action notice

(1) A local authority which has taken action in accordance with an improvement notice or an emergency action notice may recover from the licence holder or, as the case may be, the occupier of the relevant permanent site—

(a) expenses incurred by the authority in deciding whether to take the action,

(b) expenses incurred by the authority in taking the action, and

(c) interest, at such reasonable rate as the authority may determine, in respect of the period beginning on a date specified by the authority until the whole amount is paid.

(2) The expenses referred to in subsection (1) include in particular the costs of obtaining expert advice (including legal advice).

32Z4 Expenses of local authority in relation to Part 1A licences

The local authority which issued a Part 1A site licence may require the licence holder to pay the amount of any expenses incurred by the authority in relation to—

(a) inspecting a relevant permanent site for the purpose of ascertaining whether there is, or has been, any contravention of the provisions of this Act,

(b) assessing or investigating compliance by the licence holder with the provisions of this Act following an inspection.”.