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Housing (Scotland) Act 2025
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This version of this provision is prospective.
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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
Housing (Scotland) Act 2025, Section 17 is up to date with all changes known to be in force on or before 22 March 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 17:
- sch. para. 7(1)para. 7(2)(a)(3)para. 7(4)(a)(i)(b)(c)(5)para. 7(6)(a)(b)(d)(7)(8) coming into force by S.S.I. 2026/115 reg. 2(1)(5) sch. Pt. 1
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- sch. para. 7(1)para. 7(2)(a)(3)para. 7(4)(a)(i)(b)(c)(5)para. 7(6)(a)(b)(d)(7)(8) coming into force by S.S.I. 2026/115 reg. 2(1)(5) sch. Pt. 1
Prospective
17Information holder’s provision of false informationS
(1)This section applies if—
(a)a requester issues a request for information to a person (“the information holder”) under section 14(1) or (2) (as the case may be), and
(b)the information holder provided information in response to the request which the requester considers must have been known by the information holder to be false in a material way.
(2)The requester may give notice in writing to the information holder of its intention to apply to the First-tier Tribunal for an order under subsection (6).
(3)The requester may apply to the First-tier Tribunal for an order under subsection (6) only if it has given notice under subsection (2) to the information holder and either—
(a)the period of 28 days beginning with the day on which the information holder received the notice has ended and the information holder has not made a request in writing to the requester during that period that the requester carry out a review of its intention to apply to the First-tier Tribunal, or
(b)the information holder made a request in writing for such a review by the requester within that period and the requester, having carried out the review and considered any written representations made by or on behalf of the information holder, is satisfied that the information holder provided information in response to its request under section 14(1) or (2) that the information holder must have known to be false in a material way.
(4)But a requester may not apply to the First-tier Tribunal for an order under subsection (6) after the end of the period of 12 months beginning with the day on which the information holder received the request from the requester under section 14(1) or (2).
(5)Where an application is made by a requester under subsection (3) following a request for information made to an information holder under section 14(1) or (2), the First-tier Tribunal may make an order under subsection (6) if it is satisfied that the information holder, in purporting to comply with the request, provided information to the requester that the information holder must have known to be false in a material way.
(6)An order under this subsection is one requiring the information holder to pay the requester an amount not exceeding £1,000.
(7)In giving notice under subsection (2), a local authority must have regard to any guidance given by the Scottish Ministers about the form and content of such notices.
(8)In this section, “requester” has the meaning given by section 16.
Commencement Information
I1S. 17 not in force at Royal Assent, see s. 86(2)
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