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Part 1SHousing standards

Chapter 8SSupplemental provisions, including appeals

SupplementalS

55Power of local authority to carry out or arrange work or demolitionS

A local authority may carry out, or arrange for the carrying out of, any work or demolition which any other person is required or authorised by or under this Part to carry out (but only by agreement with, and at the expense of, that other person).

56Effect of tenant moving from houseS

(1)Where—

(a)a person moves from any house for the purposes of enabling any person to carry out any work required or authorised by or under this Part (whether in pursuance of a requirement under section 37(1) or a warrant under section 38(4) or otherwise), and

(b)that person resides in the house under a tenancy or an occupancy arrangement,

the tenancy or occupancy arrangement, if that person so chooses, is to be taken not to have terminated, varied or altered by reason of that person moving.

(2)If a person who has so moved resumes lawful occupation, the same terms apply (except so far as otherwise agreed) in respect of that occupation as applied in respect of the previous occupation.

(3)In this section “lawful occupation” means occupation which is not an offence under section 39.

57Obstructions etc.S

(1)This section applies if, after receiving notice of the intended action, any person prevents or obstructs any other person from doing anything which that other person is by or under this Part required, authorised or entitled to do.

(2)Where this section applies, the [F1relevant authority] may order the person who prevented or obstructed another person to permit that other person to do all things which the other person reasonably requires to do for the purposes of—

(a)complying with any requirement imposed by or under this Part, or

(b)doing anything which that other person is by or under this Part authorised or entitled to do.

[F2(2A)In subsection (2), the relevant authority is—

(a)where the requirement or thing which the person is authorised or entitled to do relates to the repairing standard, the First-tier Tribunal,

(b)in any other case, the sheriff.]

(3)Any person who fails to comply with such an order is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)This section does not apply in relation to rights conferred by Part 9 (except the right conferred by section 181(4)(a)).

Textual Amendments

58Listed buildings etc.S

(1)This section applies to a building which is—

(a)included in a list of buildings of special architectural or historic interest, being a list compiled or approved under section 1 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9) (“the 1997 Act”),

(b)subject to a building preservation notice under section 3 of the 1997 Act, or

(c)one to which section 66 of the 1997 Act (control of demolition in conservation areas) applies.

(2)The local authority must, before it carries out any work in, or demolishes, any house which is, or which forms part of, a building to which this section applies in pursuance of section 35 or 36, consult—

(a)the Scottish Ministers,

(b)the planning authority (where the planning authority is not the local authority), and

(c)such other persons as the local authority thinks fit.

(3)Any authorisation or requirement under this Part to demolish or carry out work in or in relation to a building to which this section applies has effect only in so far as it is not inconsistent with any provision of the 1997 Act.

59Recovery of expenses etc.S

(1)The local authority may recover any—

(a)expenses it incurs in carrying out any work authorised by section 35,

[F3(aa)expenses it incurs in pursuance of—

(i)devising a maintenance plan under 46(1)(b)(ii) or (c), or

(ii)varying a maintenance plan under section 47(1),]

(b)expenses it incurs in pursuance of section 49(1), or

(c)payments made under section 50(3),

from the owner of the house concerned.

(2)The local authority may recover any expenses it incurs in carrying out any work authorised by section 36 from the landlord concerned.

(3)Subsections (1) and (2) entitle the local authority to recover—

(a)any administrative expenses incurred by it in connection with the act to which the expenses relate or, as the case may be, with the making of the payment, and

(b)interest, at such reasonable rate as it may determine, from the date when a demand for payment is served until the whole amount is paid.

(4)The local authority may declare any sums recoverable under this section to be payable by instalments.

(5)Notice of any such declaration must be served on the person from whom the sums are recoverable.

(6)A local authority is not, despite the generality of subsection (1)(a), entitled to recover any expenses incurred in demolishing a house it has acquired under section 40.

Textual Amendments

Commencement Information

I1S. 59 partly in force; s. 59 not in force at Royal Assent see s. 195; s. 59(2)-(5) in force at 3.9.2007 by S.S.I. 2007/270, {art. 3 Table}

I2S. 59(1)(6) in force at 1.4.2009 by S.S.I. 2009/122, art. 3

60CertificationS

(1)A person who is required to carry out work by—

(a)a work notice, or

(b)a repairing standard enforcement order,

may apply for certification that the work has been completed.

(2)An application under subsection (1) is to be made—

(a)where it is made in consequence of a work notice, to the local authority, or

(b)where it is made in consequence of a repairing standard enforcement order, to the [F4First-tier Tribunal.]

(3)Where the work was carried out by the local authority under section 35 or 36, an application under this section is not competent unless the applicant has paid any expenses demanded by the local authority under section 59 in relation to that work.

(4)The local authority or, as the case may be, the [F5First-tier Tribunal] must grant the certificate applied for if satisfied that the work required by the notice or order has been completed.

(5)[F6The First-tier Tribunal may, of its] own accord—

(a)inspect any house in respect of which [F7it has] made a repairing standard enforcement order, and

(b)if [F8it is] satisfied that the work required by the order has been completed, certify that the work has been completed,

but the [F9First-tier Tribunal may not exercise its] power under this subsection unless the period within which the order requires the work to be carried out has ended.

Textual Amendments

61RegistrationS

(1)Each—

(a)repairing standard enforcement order,

(b)notice of a decision to vary or revoke a repairing standard enforcement order,

(c)certificate granted by [F10the First-tier Tribunal] under section 60,

(d)maintenance order,

F11(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

must be registered in the appropriate land register.

(2)It is for the [F13First-tier Tribunal] to register documents falling within paragraph (a) to (c) of subsection (1).

(3)It is for the local authority to register documents falling within paragraph (d) to (f) of subsection (1).

[F14(3A)A local authority may recover—

(a)the amount of any fee payable in respect of registering any such document,

(b)any administrative expenses incurred by it in connection with the registration, and

(c)interest, at such reasonable rate as it may determine, from the date when a demand for payment is served until the whole amount is paid,

from the owner of the house concerned.]

(4)The Keeper of the Registers of Scotland is not required to investigate or determine the accuracy of any information contained in any document falling within paragraphs (a) to (f) of subsection (1) which is submitted for registration.

(5)In section 12(3) (exemptions from indemnification by Keeper) of the Land Registration (Scotland) Act 1979 (c. 33), after paragraph (q) insert—

“(r)the loss arises in consequence of an inaccuracy in any information contained in any document registered in pursuance of section 61(1) of the Housing (Scotland) Act 2006 (asp 1).”.

Textual Amendments

62Service of documentsS

(1)The section applies to the following documents—

(a)work notices,

(b)notices under section 31(3), 32(2) or 34(3),

(c)demolition notices,

(d)notices under section 35(3),

(e)maintenance orders,

(f)notices of decisions under section 46(1), and

(g)notices of variation or revocation of maintenance plans.

(2)A document to which this section applies must be served on—

(a)the owner and occupier of the house concerned,

(b)any creditor holding a standard security over that house,

(c)any person who, directly or indirectly, receives rent in respect of that house, and

(d)any other person appearing to the local authority to have an interest in that house,

and the document is to be treated as being served or, as the case may be, made on the day on which the document is served on the owner of the house.

(3)Failure to comply with any of paragraphs (b) to (d) of subsection (2) does not invalidate the document concerned if the local authority, after exercising its powers under section 186(1), is not aware of the existence of the person on whom the document should have been served.

Commencement Information

I3S. 62 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

63Date of operation of notices, orders etc.S

(1)Unless this section provides otherwise, any order, notice, requirement, application, consent or other document served, submitted, given or made, or any other decision made, under this Part has effect from the date on which the document or, as the case may be, notice of the document or decision is served.

(2)Subsection (3) applies where a decision to—

(a)make or vary a repairing standard enforcement order,

(b)serve a work notice or a demolition notice,

(c)make a maintenance order, or

(d)approve, devise, vary or revoke a maintenance plan,

is appealed under section 64.

(3)Where this subsection applies—

(a)the effect of the decision and of the order, notice, plan, variation or revocation made in consequence of it is suspended until the appeal is abandoned or finally determined, and

(b)where the appeal is abandoned or finally determined by confirming the decision, the decision and the order, notice, plan, variation or revocation made in consequence of it are to be treated as having effect from the day on which the appeal is abandoned or so determined.

(4)A—

(a)rent relief order, or

(b)revocation of such an order,

has effect from the date set out in subsection (5).

(5)That date is the date which is 28 days after—

(a)the last date on which the decision to make or, as the case may be, revoke the rent relief order may be appealed under section 64, or

(b)where such an appeal is made, the date on which the appeal is abandoned or finally determined (by confirming the decision).

(6)A repairing standard enforcement order does not cease to have effect where work required by the order would, but for the order, no longer require to be carried out.

(7)No work may be done or proceedings taken under any order, notice or plan to which subsection (2) or (4) applies, and no requirement to register any such order, notice or plan has effect, until—

(a)the last date on which the decision to make it may be appealed, or

(b)where such an appeal is made, the date on which the appeal is abandoned or finally determined (by confirming the decision).

(8)References in this section to the date on which an appeal is finally determined are to be read as references—

(a)where the sheriff's determination [F15or Upper Tribunal’s decision] on the appeal is final, to the date on which the sheriff [F16or Upper Tribunal] determines the appeal,

(b)where the sheriff's determination may be appealed to the sheriff principal—

(i)to the last date on which such an appeal may be made, or

(ii)where such an appeal is made, to the date on which the appeal is abandoned or determined by the sheriff principal.

(9)A reference in this section to the last date on which a decision may be appealed is, where that date is in any case changed under section 64(7), to be read as referring to the new date only if the change is made before the date on which the right to appeal would otherwise expire.

Textual Amendments

Commencement Information

I4S. 63 wholly in force at 3.9.2007; s. 63 not in force at Royal Assent see s. 195(3); s. 63(1) in force at 4.12.2006 by S.S.I. 2006/569, art. 2; s. 63(2)-(9) in force at 3.9.2007 by S.S.I. 2007/270, {art. 3 Table}

AppealsS

64Part 1 appealsS

(1)Any person aggrieved by a decision by a local authority—

(a)to serve a work notice,

(b)to serve a demolition notice,

(c)to carry out work in pursuance of—

(i)section 35(1)(b), or

(ii)section 36(1)(b),

other than, in either case, work for which no notice is required,

(d)to demand recovery of any expenses incurred in carrying out work authorised by—

(i)section 35, or

(ii)section 36,

(e)to serve a maintenance order,

(f)to approve or devise a maintenance plan or to vary or revoke such a plan, or

(g)to refuse to grant a certificate under section 60 in relation to any work required by a work notice,

may appeal to the sheriff within 21 days of the date specified in subsection (2).

(2)That date is—

(a)in the case of an appeal under paragraph (a), (b), (d) or (e) of subsection (1), the date on which the work notice, demolition notice, demand for recovery of expenses or, as the case may be, maintenance order is served on the appellant,

(b)in the case of an appeal under paragraph (c) or (g) of subsection (1), the date on which notice of proposed work or, as the case may be, of the decision to refuse to grant the certificate is served on the appellant, or

(c)in the case of an appeal under paragraph (f) of subsection (1), the date on which notice of the approval, devising, variation or revocation is served on the appellant.

(3)An appeal under subsection (1) may be made only by a person on whom the relevant work notice, notice of proposed work, demand for recovery of expenses, maintenance order or, as the case may be, notice of the approval, devising, variation or revocation of a maintenance plan is served under this Act.

(4)A landlord or a tenant aggrieved by a decision [F17of the First-tier Tribunal] —

(a)under section 24(1) [F18(determination by the First-tier Tribunal)] ,

(b)to vary or revoke a repairing standard enforcement order (see section 25),

(c)that a landlord has failed to comply with a repairing standard enforcement order (see section 26(1)),

(d)to make or not to make a rent relief order (see section 26(2)(b)),

(e)to revoke a rent relief order (see section 27(4)), or

(f)to grant, or to refuse to grant, a certificate under section 60 in relation to any work required by a repairing standard enforcement order,

[F19may seek permission to appeal on a point of law only from the First-tier Tribunal within 30] days of being notified of that decision.

[F20(4A)A third party applicant aggrieved by a decision [F21of the First-tier Tribunal] which—

(a)is mentioned in subsection (4)(a) to (f),

(b)was made following an application by the applicant under section 22(1A),

[F22may seek permission to appeal on a point of law only from the First-tier Tribunal within 30] days of being notified of that decision.]

(5)A tenant [F23or a third party applicant] may [F24seek permission to appeal on a point of law only from the First-tier Tribunal] against a decision by the [F25Chamber President] under section 23(1) within [F2630] days of being notified of that decision.

F27(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F28(7)On cause shown—

(a)in the case of an appeal under subsections (1) and (6), the sheriff may hear an appeal after the deadline set by the relevant subsection, and

(b)in the case of an appeal under subsections (4), (4A) or (5), the Upper Tribunal may hear an appeal after the deadline set by the relevant subsection.]

Textual Amendments

Commencement Information

I5S. 64 wholly in force at 3.9.2007; s. 64 not in force at Royal Assent see s. 195(3); s. 64(6) in force at 4.12.2006 and s. 64(7) in force at 4.12.2006 for certain purposes by S.S.I. 2006/395, art. 2; s. 64(1)-(5)(7) in force at 3.9.2007 by S.S.I. 2007/270, {art. 3 Table}

65Part 1 appeals: determinationS

(1)The sheriff, in determining an appeal under 64(1), may—

(a)confirm the decision (and any work notice, demolition notice, demand for recovery of expenses or maintenance order served, or maintenance plan approved, devised or varied, in consequence of it),

(b)quash the decision (and any such notice, demand, order or plan), or

(c)make such other order as the sheriff thinks just.

(2)The [F29Upper Tribunal] may determine an appeal under section 64(4) [F30, (4A)] or (5) by—

(a)confirming the decision (and any order or variation made, or certificate granted, in consequence of it),

(b)remitting the decision (together with the [F31Upper Tribunal’s] reasons for doing so) to the [F32Chamber President] or, as the case may be, the [F31First-tier Tribunal] for reconsideration, or

(c)quashing the decision (and any order or variation made, or certificate granted, in consequence of it).

F33(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The sheriff's determination [F35or Upper Tribunal’s decision] on an appeal under section 64 is final (subject to subsection (6)).

(6)The sheriff's determination on an appeal under paragraph (a), (b), (c)(i), (d)(i) or (g) of section 64(1) may be appealed to the sheriff principal within 21 days of the sheriff's determination; and the sheriff principal's decision on any such appeal is final.

Textual Amendments

Commencement Information

I6S. 65 partly in force; s. 65 not in force at Royal Assent see s. 195(3); s. 65(3)(4) in force at 4.12.2006, s. 65(5) in force for certain purposes at 4.12.2006 by S.S.I. 2006/395, art. 2; s. 65(1)(2)(5) in force at 3.9.2007 by S.S.I. 2007/270, {art. 3 Table}

I7S. 65(6) in force at 1.4.2009 by S.S.I. 2009/122, art. 3

66Part 1 appeals: procedure etc.S

(1)An appeal under [F36section 64(1) or (6)] is to be made by summary application.

(2)No question may be raised on an appeal under section 64(1)(c)(i), (d)(i) or (g) (or on a subsequent appeal to the sheriff principal) which might have been raised on an appeal against the decision to make the work notice or demolition notice to which the appeal relates.

(3)No question may be raised on an appeal under subsection (1)(c)(ii) or (d)(ii), or subsection (4)(d), (e) or (f), of section 64 which might have been raised on an appeal against the decision under section 24(1) in consequence of which the repairing standard enforcement order to which the appeal relates was made.

[F37(3A)In an appeal by a landlord under section 64(4) which relates to a decision following an application under section 22(1A)—

(a)the third party applicant is to be a party to the proceedings,

(b)the tenant is entitled to be a party to the proceedings.

(3B)In an appeal by a tenant under section 64(4) which relates to a decision following an application under section 22(1A), the landlord and the third party applicant are to be parties to the proceedings.

(3C)In an appeal by a third party applicant under section 64(4A)—

(a)the landlord is to be a party to the proceedings,

(b)the tenant is entitled to be a party to the proceedings.]

(4)The sheriff may make such order about the expenses of an appeal under [F38section 64(1) or (6)] as the sheriff thinks fit (and the sheriff principal may make such an order in relation to any subsequent appeal).

Textual Amendments

Commencement Information

I8S. 66 wholly in force at 3.9.2007; s. 66 not in force at Royal Assent see s. 195(3); s. 66(1)(4) in force for certain purposes at 4.12.2006 by S.S.I. 2006/395, art. 2; s. 66 in force at 3.9.2007 by S.S.I. 2007/270, {art. 3 Table}

[F3966AAppeals in relation to section 52S

(1)A tenant aggrieved by a decision by a landlord—

(a)to impose any condition on a consent to carry out work in pursuance of section 52(2), or

(b)to refuse to consent to the carrying out of any such work,

may appeal to the First-tier Tribunal within 6 months of being notified of that decision.

(2)The First-tier Tribunal may, on cause shown, hear an appeal after the deadline set by subsection (1).

(3)The First-tier Tribunal must, unless the Tribunal considers the condition or, as the case may be, refusal appealed against to be reasonable, determine an appeal under subsection (1) by quashing the decision and directing the landlord to withdraw the condition (or to vary it in such manner as the Tribunal may specify) or, as the case may be, to consent to the application (with or without such conditions as the Tribunal may specify).

(4)In determining whether a condition or refusal appealed against under subsection (1) is reasonable, the First-tier Tribunal must, where the appeal relates to an application made for the purposes of section 52(2)(a), have regard to any code of practice issued by the Commission for Equality and Human Rights which relates to section 52 or 53.

(5)The First-tier Tribunal's determination on an appeal under subsection (1) is final.]

Textual Amendments

F40F4167Adaptations: power to change method of appealS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments