The Rent Officers (Additional Functions) (Scotland) Order 1995

Citation and commencement

1.  This Order may be cited as the Rent Officers (Additional Functions) (Scotland) Order 1995 and shall come into force on 2nd January 1996.

Interpretation

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

“assured tenancy” has the same meaning as in Part II of the Housing (Scotland) Act 1988, except that it includes a tenancy which would be an assured tenancy but for paragraph 9 of Schedule 4 to that Act;

“determination” means a determination made in accordance with Part 1 or Part 4 of Schedule 1 to this Order;

“dwelling” means any residential accommodation whether or not consisting of the whole or part of a building and whether or not comprising separate and self contained premises;

“hostel” has the same meaning as in regulation 12A of the 1987 Regulations(1);

“local authority” means—

(a)

prior to 1st April 1996, a district or islands council within the meaning of the Local Government (Scotland) Act 1973(2); and

(b)

on and after 1st April 1996, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(3);

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

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

“rent” means any of the periodical payments referred to in regulation 10(1) of the 1987 Regulations(4);

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

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

“the 1987 Regulations” means the Housing Benefit (General) Regulations 1987.

(2) In this Order any reference to a notice or application is to a notice or application in writing and any order by a rent officer may be sent by post, except in a case where the recipient consents either generally or specifically to the notice or application being transmitted by electronic means.

(3) Any reference in this Order to a numbered article, paragraph, sub-paragraph or Schedule shall be taken, unless the context otherwise requires, to be a reference to the article or Schedule so numbered in this Order or to the paragraph or sub-paragraph so numbered in that article or Schedule, as the case may be.

Determinations

3.—(1) Subject to sub-paragraph (2) and article 5 where a local authority in accordance with regulations made under section 136(2) or (3) of the Social Security Administration Act 1992(5) applies to a rent officer for determinations in respect of the tenancy of a dwelling, a rent officer shall—

(a) make the determinations in accordance with Part I of Schedule 1 (determinations);

(b) comply with Part 2 of Schedule 1 on making the determinations (assumptions etc); and

(c) give notice in accordance with Part 3 of Schedule 1 (notifications).

(2) If a rent officer needs further information in order to make determinations under paragraph (1), 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.

(3) A rent officer for each registration area (within the meaning of section 43 of the Rent (Scotland) Act 1984(6)) on the first working day of each month shall—

(a) make determinations in accordance with Part 4 of Schedule 1 (indicative rent levels) in the registration area;

(b) comply with paragraph 7(2) of Schedule 1 (assumptions etc) when making determinations; and

(c) give to the local authority notice of the determinations relating to its area when they have been made.

Redeterminations

4.  Subject to article 5, if the local authority applies to a rent officer for a redetermination, a rent officer shall make the redetermination and give notice in accordance with Schedule 3 and a rent officer whose advice is sought as provided for in that Schedule shall give that advice.

Exceptions

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

(2) No determination shall be made under paragraph 3 or 4 of Schedule 1 if the tenancy is of residential accommodation within the meaning of regulation 7(3) of the 1987 Regulations(7) or in a hostel.

Special cases

6.—(1) This Order shall apply as specified in Schedule 4 in relation to—

(a) mooring charges payable for a houseboat;

(b) payment in respect of the site on which a caravan or a mobile home stands; or

(c) payments under a rental purchase agreement.

(2) Terms used in paragraph (1) have the same meaning in this article and in Schedule 4 as they have in regulation 10(1) of the 1987 Regulations(8).

Revocations

7.  Subject to article 8 the Rent Officers (Additional Functions) (Scotland) Order 1990(9), the Rent Officers (Additional Functions) (Scotland) Amendment Order 1991(10), the Rent Officers (Additional Functions) (Scotland) Amendment Order 1993(11), the Rent Officers (Additional Functions) (Scotland) Amendment Order 1994(12) and the Rent Officers (Additional Functions) (Scotland) Amendment No.2 Order 1994(13) are hereby revoked.

Application

8.  This Order does not have effect in a case where an application for a determination is made before the date this Order comes into force.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

28th June 1995