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The Scottish Ministers in exercise of the powers conferred by section 83(7) of the Antisocial Behaviour etc. (Scotland) Act 2004[1] and of all other powers enabling them in that behalf, hereby make the following Order, a draft of which has, in accordance with section 141(4) of that Act, been laid before and approved by resolution of the Scottish Parliament: Citation and commencement 1. This Order may be cited as the Private Landlord Registration (Modification) (Scotland) Order 2005 and shall come into force on 1st January 2006. Modification of section 83 2. Section 83 of the Antisocial Behaviour etc. (Scotland) Act 2004 is modified as follows–
(b) after subsection (6)(d) insert–
(f) the house is–
(ii) occupied by the tenant of the relevant lease;
(g) the house is on a croft (within the meaning of section 3 of the Crofters (Scotland) Act 1993[3]);
(ii) not situated in the crofting counties (within the meaning of the Crofters (Scotland) Act 1993); and (iii) occupied by the landholder;
(i) the house is occupied by virtue of a liferent;
(ii) occupied by a person whose principal responsibility is the leading of members of the organisation in worship and preaching the faith of that organisation;
(k) the house is part of an estate of a deceased person and has been held by an executor for a period not exceeding 6 months from the date of death; or
(This note is not part of the Order) This Order modifies section 83(6) of the Antisocial Behaviour etc. (Scotland) Act 2004. Section 83 of the Act provides for the application for registration by landlords for the purposes of Part 8 of the Act. Section 83(6) lists categories of houses the use of which is to be disregarded for the purposes of registration. This Order adds additional categories to that list. A Regulatory Impact Assessment has been prepared for this Order. Notes: [1] 2004 asp 8.back
ISBN 0 11 069886 X
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