Housing (Scotland) Act 2025

17 Information holder’s provision of false information

(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.