The Rent Officers (Additional Functions) (Scotland) Order 1990

Citation and commencement

1.  This Order may be cited as the Rent Officers (Additional Functions) (Scotland) Order 1990 and shall come into force on 2nd April 1990.

Interpretation

2.—(1) In this Order, unless the context otherwise requires–

“child” means a person under the age of 16;

“determination” means a determination (including an interim and a further determination) made in accordance with Schedule 1 to this Order;

“dwelling” has the same meaning as in the Social Security Act 1986(1);

“local authority” has the same meaning as it has in the Social Security Act 1986 in relation to Scotland;

“occupier” means a person (whether or not identified by name) who is stated, in the application for a determination, to occupy the dwelling;

“relevant time” means the time the application for the determination is made or, if earlier, the tenancy ends.

“rent” has the same meaning as in section 25 of the Housing (Scotland) Act 1988, except that the reference to the house in subsection (3) shall be construed as a reference to the dwelling;

“size criteria” means the standards relating to bedrooms and rooms suitable for living in specified in Schedule 2 to this Order; and

“tenancy” includes any other right of occupancy and references to a tenant, a landlord or any other expression appropriate to a tenancy shall be construed accordingly.

(2) In this Order any reference to a notice or application is to a notice or application in writing, and any notice by a rent officer may be sent by post.

Additional Functions

3.—(1) Where in connection with housing benefit and rent allowance subsidy, a local authority applies to a rent officer for determinations relating to a tenancy of a dwelling (and is required by regulations made under section 30(2B)(a) or (2C) of the Social Security Act 1986(2) to make that application), the rent officer shall (subject to article 5) make the determinations and give notice in accordance with Schedule 1 to this Order.

(2) If a rent officer needs further information in order to make a determination, he shall serve notice on the local authority requesting that information and until he receives it paragraph (1) shall not apply to the making of that determination.

4.  If, within the period of 10 weeks beginning with the date on which the local authority was given notice of a determination, the local authority applies (in connection with housing benefit and rent allowance subsidy) to a rent officer for a re-determination, a rent officer (subject to article 5) shall make the re-determination and give notice in accordance with Schedule 3 to this Order and a rent officer whose advice is sought as provided for in that Schedule shall give that advice.

5.—(1) No determination or re-determination shall be made if the application for it is withdrawn.

(2) No determination or re-determination shall be made under paragraph 1 of Schedule 1 to this Order (or that paragraph as applied by Schedule 3 to this Order) if the tenancy is an assured tenancy and–

(a) the rent payable under the tenancy on the date the application for determination (or, as the case may be, re-determination) was received was an amount determined under section 34 of the Housing (Scotland) Act 1988; or

(b) the rent so payable on that date was an amount determined under section 25 of that Act and the rent took effect within the period of 12 months ending with the date the application was received.

Revocation

6.  The Rent Officers (Additional Functions) (Scotland) Order 1989(3) and the Rent Officers (Additional Functions) (Scotland) Amendment Order 1989(4) are hereby revoked.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St. Andrew’s House,

Edinburgh

1st March 1990