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Private Rented Housing (Scotland) Act 2011

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This is the original version (as it was originally enacted).

2Fit and proper person: criminal record certificate

This section has no associated Explanatory Notes

After section 85 of the 2004 Act insert—

“85AFit and proper person: criminal record certificate

(1)A local authority may, in deciding for the purposes of section 84(3) or (4) whether a relevant person is, or is no longer, a fit and proper person, require the relevant person to provide the local authority with a criminal record certificate (within the meaning of section 113A of the Police Act 1997 (c. 50)).

(2)A local authority may require a criminal record certificate to be provided under subsection (1) only if it has reasonable grounds to suspect that the information provided with an application for entry in the register maintained under section 82(1) in relation to material falling within subsection (2), (3) or (4) of section 85 is, or has become, inaccurate.

(3)Where a local authority has required a criminal record certificate to be provided under subsection (1)—

(a)in the case of an application for entry in the register maintained under section 82(1), a relevant person may not be entered in the register until the certificate has been received by the local authority;

(b)in the case of a relevant person entered in the register, the relevant person must provide the certificate within such reasonable period as the local authority directs.”.

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