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Homelessness etc. (Scotland) Act 2003

Notices to Local Authorities

Section 11: Notice to local authorities of proceedings for possession and enforcement of standard securities.

19.This section places a duty on landlords to notify the local authority when raising proceedings for possession of a dwelling house, unless the landlord is the local authority or is already required to notify the local authority under any other enactment. The schedule to the Act makes modifications to enactments for that purpose and also imposes a similar duty on creditors taking steps to enforce standard securities. Subsection (3)allows Ministers to prescribe in regulations the form of the notice and how it is to be given; the regulations will, under subsection (6), be subject to negative procedure. Subsection (7) extends the guidance powers of Ministers under section 79 of the 2001 Act to include guidance on the action to be taken by local authorities as a result of notification.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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