3(1)This paragraph applies where the local authority considers, on the submission of any applicant—S
(a)that the applicant has been unable to comply with paragraph 2(2) or (3) because of a lack of necessary rights (of access or otherwise) despite having taken reasonable steps for the purposes of acquiring those rights, or
(b)that complying with paragraph 2(2) or (3) is likely to jeopardise—
(i)the safety or welfare of any persons, or
(ii)the security of any premises.
(2)Where this paragraph applies the local authority must—
(a)disapply paragraph 2(2) to (8) in relation to the application concerned by serving notice of the disapplication to the applicant, and
(b)serve, or require the applicant to serve, notice of HMO application on the occupiers of such premises in the vicinity of the living accommodation concerned as the authority thinks fit.
(3)The local authority must give notice under paragraph 2(9)(b) where this paragraph applies because of sub-paragraph (1)(a) of this paragraph.
(4)The local authority must not give notice under paragraph 2(9)(b) where this paragraph applies because of sub-paragraph (1)(b) of this paragraph.
(5)The Scottish Ministers may give directions to local authorities about circumstances in which authorities must consider that compliance with paragraph 2(2) or (3) is likely to jeopardise—
(a)the safety or welfare of persons, or
(b)the security of premises.
(6)Directions given under sub-paragraph 5 may be varied or revoked at any time.
Commencement Information
I1Sch. 4 para. 3 in force at 31.8.2011 by S.S.I. 2010/159, art. 3