Deregulation and Contracting Out Act 1994

6 After section 43 of that Act there shall be inserted the following section—

“43A Rent registration service providers

(1) The Secretary of State may, if he thinks fit, make arrangements (“rent registration arrangements”) with another person (a “rent registration service provider”) for the performance by that person in accordance with the arrangements of the functions mentioned in subsection (2) below.

(2) Those functions are the functions, under this Part of this Act and section 70 of the [1988 c. 43.] Housing (Scotland) Act 1988, of the rent officer for such registration area or areas as are specified in the rent registration arrangements.

(3) While rent registration arrangements are in force in relation to a registration area, section 43(3) above shall not apply in respect of that area.

(4) The appointment of any rent officer appointed for a registration area in relation to which rent registration arrangements have been made shall terminate on the date on which the arrangements come into force.

(5) Rent registration arrangements shall not include any provision calculated to influence the exercise of the rent registration service provider’s judgment in the performance of his functions.

(6) A rent registration service provider performing functions in pursuance of rent registration arrangements shall not be regarded as a servant or agent of the Crown and shall not have any status, immunity or privilege of the Crown.

(7) References in this Part of this Act (other than sections 43, 43B, 43C and this section), section 70 of the [1988 c. 43.] Housing (Scotland) Act 1988 and any other enactment (including an enactment contained in subordinate legislation) to a rent officer shall, as respects a registration area in relation to which rent registration arrangements are in force, be construed as references to the rent registration service provider responsible for the performance of the functions of the rent officer for that area.

(8) A rent registration service provider may perform his functions through an employee or agent and, if he does so—

(a) any decision of, and anything else done or omitted to be done by or in relation to, the employee or agent shall, for the purposes of any enactment (including an enactment contained in subordinate legislation), be deemed to be a decision of or, as the case may be, done or omitted to be done by or in relation to the rent registration service provider; and

(b) where any enactment refers to the personal knowledge, experience or opinion of a rent officer the knowledge, experience or opinion of the employee or agent shall be deemed to be that of the rent registration service provider.

(9) Subsection (8)(a) above is without prejudice to section 43C below.”