The Rent Officers (Additional Functions) (Scotland) Amendment Order 1997

Statutory Instruments

1997 No. 1003 (S.89)

HOUSING, SCOTLAND

The Rent Officers (Additional Functions) (Scotland) Amendment Order 1997

Made

20th March 1997

Laid before Parliament

20th March 1997

Coming into force

For the purposes of articles 3 and 4(2)

14th April 1997

For all other purposes

6th October 1997

The Secretary of State, in exercise of the powers conferred upon him by section 70(1) and (2) of the Housing (Scotland) Act 1988(1) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Rent Officers (Additional Functions) (Scotland) Amendment Order 1997.

(2) This Order shall come into force for the purposes of articles 3 and 4(2) on 14th April 1997 and for all other purposes on 6th October 1997.

(3) In this Order, “the principal Order” means the Rent Officers (Additional Functions) (Scotland) Order 1995(2).

Amendment of principal Order

2.  In article 5(4) of the principal Order–

(a) before the words “a young”, there shall be inserted “(a)”; and

(b) at the end, there shall be inserted the following:–

“; or

(b) a single claimant (which has the same meaning as in the 1987 Regulations) to whom paragraph (3C) of regulation 11 of those Regulations(3) applies”.

3.  In paragraph 1 of Schedule 3 to the principal Order, at the beginning there shall be inserted the words “Article 3(2) and”.

Application

4.—(1) The amendments made by article 2 above do not have effect in a case where an application for a determination is made before 6th October 1997.

(2) The amendment made by article 3 above does not have effect in a case where an application for a determination is made before 14th April 1997.

Raymond S Robertson

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

20th March 1997

Explanatory Note

(This note is not part of the Order)

This Order amends the Rent Officers (Additional Functions) (Scotland) Order 1995 (“the principal Order”), which conferred functions on rent officers in connection with housing benefit and rent allowance subsidy and required them to make determinations and redeterminations in respect of tenancies of dwellings.

Article 2 amends article 5 of the principal Order so that a single room determination may be made under paragraph 4A of Schedule 1 to the principal Order in cases where the housing benefit claimant is, or may be, a single claimant. Before this amendment, such determinations could only be made in relation to claimants who were young individuals. This amendment comes into force on 6th October 1997 (article 1).

The amendment made by article 3 comes into force on 14th April 1997 (article 1). Article 3 applies article 3(2) of the principal Order (no determination before additional information received) to redeterminations.

Article 4 provides that the amendments made by this Order do not apply to applications for determinations made before the date of the amendment coming into force.

(1)

1988 c. 43.

(2)

S.I. 1995/1643, as relevantly amended by S.I. 1996/975.

(3)

Regulation 11(3C) was inserted by S.I. 1997/852.