PART 1

HOMELESSNESS AND ALLOCATION OF HOUSING

Duty of registered social landlord: further provision
6
1
Where—
a
a registered social landlord does not, within a reasonable period, comply with a request made by a local authority under section 5,
b
the local authority considers, having regard to any guidance issued under subsection (7) of that section, that the landlord had no good reason for not complying with the request, and
c
the local authority and the landlord are unable, within such period as the Scottish Ministers may specify by order, to reach agreement as to whether there is such a good reason,
the local authority and the landlord must appoint an arbiter to determine the issue.
2
In determining for the purposes of subsection (1)(a) what is a reasonable period, regard must be had to any guidance issued under section 5(7).
3
If there is no agreement as to who is to be appointed as arbiter, the Scottish Ministers must, on the request of the local authority, appoint an arbiter.
4
The cost of any arbitration under this section is to be shared equally between the local authority and the landlord unless the arbiter determines otherwise.
5
The Scottish Ministers may issue guidance as to—
a
the period within which an arbiter is to be appointed under subsection (1),
b
the procedure for appointing an arbiter under that subsection,
c
the remuneration and other expenses which may be paid to an arbiter appointed under subsection (1) or (3), and any other expenses which may be paid in respect of arbitration,
d
the procedure to be followed at arbitration,
e
the maximum length of time of the arbitration procedure.
6
Any determination of an arbiter by virtue of this section is final.