PART 4Rent
CHAPTER 1Restrictions in relation to rent, other charges and diligence
F1Application of this Part
17DMeaning of “exempt property”
(1)
In this Part and Part 4A, an “exempt property” means a property that—
(a)
is of a description specified in regulations made by the Scottish Ministers, and
(b)
is confirmed as being of that description in accordance with one or more processes specified in those regulations.
(2)
Regulations under subsection (1) may specify a description referred to in paragraph (a) of that subsection, in relation to a property, by reference to such matters (or a combination of matters) as the Scottish Ministers consider appropriate including, in particular—
(a)
a description of the circumstances relating to the landlord of the property,
(b)
a description of the circumstances relating to the tenant of the property,
(c)
a description of the property according to its type.
(3)
A process referred to in subsection (1)(b) that is specified in regulations under subsection (1), in relation to a property, may, in particular, include—
(a)
approval by a person specified in the regulations that the property is of a description referred to in subsection (1)(a),
(b)
signification in a form specified in the regulations that the property is of a description referred to in subsection (1)(a), which may include the inclusion of the property in a register specified in the regulations.
(4)
If regulations under subsection (1) provide that a person specified in the regulations is to approve that a property is of a description referred to in subsection (1)(a), the regulations may, in particular, make provision for or in connection with—
(a)
the procedure to be followed in connection with applications for approval,
(b)
the form and manner in which applications are to be made (including the documents that are to accompany applications),
(c)
fees in connection with applications,
(d)
the duration of approval,
(e)
the withdrawal of approval,
(f)
publication of decisions to approve or to refuse to approve applications,
(g)
appeals against—
(i)
a decision to refuse approval, or
(ii)
a decision to withdraw approval,
(h)
requirements for the landlord of a property to notify any tenant—
(i)
that an application for approval has been made, and
(ii)
of the outcome of the application.
(5)
If regulations under subsection (1) provide that confirmation that a property is of a description referred to in subsection (1)(a) is to be signified by the inclusion of the property in a register specified in the regulations, the regulations may, in particular, make provision for or in connection with—
(a)
the establishment and maintenance of the register,
(b)
the procedure to be followed in connection with applications for entry of a property in the register,
(c)
the form and manner in which applications are to be made (including the documents that are to accompany applications),
(d)
fees in connection with applications,
(e)
the period for which a property is to be entered in the register (unless the entry is removed earlier),
(f)
removal of entries from the register,
(g)
access to the register by members of the public,
(h)
appeals against—
(i)
a decision to refuse to enter a property in the register, or
(ii)
a decision to remove a property from the register,
(i)
requirements for the landlord of a property to notify any tenant—
(i)
that an application for entry of the property in the register has been made, and
(ii)
of the outcome of the application.
(6)
Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1), the Scottish Ministers—
(a)
must consult persons who appear to them to represent the interests of tenants and landlords, and
(b)
may consult any other person they consider appropriate.
(7)
The requirement to consult under subsection (6)(a) may be met by consultation carried out before this section takes effect.