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The Notice to Local Authorities (Scotland) Amendment (No. 2) Regulations 2017

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Scottish Statutory Instruments

2017 No. 421

Housing

The Notice to Local Authorities (Scotland) Amendment (No. 2) Regulations 2017

Made

28th November 2017

Laid before the Scottish Parliament

30th November 2017

Coming into force

31st January 2018

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 11(3) and (4) of the Homelessness etc. (Scotland) Act 2003(1) and all other powers enabling them to do so.

Citation and commencement

1.  These Regulations may be cited as the Notice to Local Authorities (Scotland) Amendment (No. 2) Regulations 2017 and come into force on 31st January 2018.

Amendment of the Notice to Local Authorities (Scotland) Regulations 2008

2.—(1) The Notice to Local Authorities (Scotland) Regulations 2008(2) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 2 (form of notice), after paragraph (2) insert—

(3) The form of notice to be given under section 245ZA(2) of the Proceeds of Crime Act 2002 (notice to local authority of application for decree of removing and warrant for ejection)(3) is as set out in schedule 3..

(3) After schedule 2, insert the schedule set out in the schedule of these Regulations.

MICHAEL MATHESON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

28th November 2017

Regulation 2(3)

SCHEDULEInsertion of schedule 3 of the Notice to Local Authorities (Scotland) Regulations 2008

Regulation 2(3)

SCHEDULE 3

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Notice to Local Authorities (Scotland) Regulations 2008 (“the 2008 Regulations”) prescribe the form and manner in which notice is to be given under section 11(1) of the Homelessness etc. (Scotland) Act 2003 (“the 2003 Act”) and various other enactments listed in section 11(5) of that Act.

These Regulations amend the 2008 Regulations to prescribe the form and manner in which notice is to be given under section 245ZA(2) of the Proceeds of Crime Act 2002 (“the 2002 Act”), as inserted by section 29(2) of the Criminal Finances Act 2017.

Section 245ZA(2) of the 2002 Act provides that, where the enforcement authority applies under section 266(8ZA) of that Act for decree of removing and warrant for ejection in relation to heritable property which consists of or includes a dwellinghouse (as defined in the 2003 Act), it must give notice of this to the relevant local authority. The Scottish Ministers are the enforcement authority for this purpose (section 316(1) of the 2002 Act). Section 245ZA(3) of the 2002 Act requires such notice to be given in the form and manner prescribed under section 11(3) of the 2003 Act.

No business and regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.

(1)

2003 asp 10. Section 11 was amended by section 8(5)(a) of the Home Owner and Debtor Protection (Scotland) Act 2010 (asp 6) and paragraph 89 of schedule 5 of the Criminal Finances Act 2017 (c.22). Section 11 is also amended by paragraph 8 of schedule 4 of the Private Housing (Tenancies) (Scotland) Act 2016 (asp 19), which is due to come into force on 1st December 2017.

(3)

2002 c.29; section 245ZA is inserted by section 29(2) of the Criminal Finances Act 2017.

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