1.—(1) These Regulations may be cited as the Private Landlord Registration (Advice and Assistance) (Scotland) Regulations 2005 and shall come into force on 31st March 2006.
(2) In these Regulations “the 2004 Act” means the Antisocial Behaviour etc. (Scotland) Act 2004.
2. A local authority shall provide an applicant for registration under section 83 of the 2004 Act with general advice on what constitutes good practice in the letting of houses, if such advice has not already been provided as part of the process leading to the making of the application.
3. If a local authority proposes to–
(a)refuse an application for registration under section 84(2)(b) of the 2004 Act; or
(b)remove a registered person from the register in terms of section 89(1) of the 2004 Act,
that local authority shall, if it considers that the applicant or registered person can, or might be able to, take action to avert that proposed refusal or removal, give the applicant or registered person advice on the appropriate action to take.
4.—(1) Where a local authority makes a decision to–
(a)refuse an application for registration of a landlord under section 84(2)(b) of the 2004 Act;
(b)remove a landlord from the register in terms of section 89(1) of the 2004 Act;
(c)serve a notice that no rent is payable in terms of section 94(1) of the 2004 Act,
it shall provide advice and assistance in relation to the relevant action referred to in (a) to (c) to the occupants of each house, as the case may be, that is–
(i)specified in the landlord’s application for registration under section 83 of the 2004 Act;
(ii)immediately before the removal, entered in the landlord’s entry in the register; or
(iii)specified in the notice which has been or is to be served.
(2) The advice and assistance to be given in terms of paragraph (1) shall include–
(a)information on the general position of tenants or occupants where a landlord decides to terminate a lease or occupancy arrangement other than under a Scottish secure tenancy or short Scottish secure tenancy;
(b)advice on sources of individual advice and assistance including money advice and benefits advice should the landlord decide to terminate the tenancy or occupancy agreement;
(c)details of the assistance that could be available from a local authority in terms of homelessness legislation and of how to seek such assistance.
(3) The advice and assistance to be given in terms of paragraph (1) shall be provided as soon as practicable after the relevant decision specified in paragraph (1) has been taken.
MALCOLM CHISHOLM
A member of the Scottish Executive
St Andrew’s House, Edinburgh
9th November 2005