The Notice to Local Authorities (Scotland) Regulations 2008

Scottish Statutory Instruments

2008 No. 324

HOUSING

The Notice to Local Authorities (Scotland) Regulations 2008

Made

2nd October 2008

Laid before the Scottish Parliament

3rd October 2008

Coming into force

1st April 2009

The Scottish Ministers make the following Regulations, in exercise of the powers conferred by section 11(3) and (4) of the Homelessness etc. (Scotland) Act 2003(1) and all other powers enabling them to do so.

Citation and commencement

1.  These Regulations may be cited as the Notice to Local Authorities (Scotland) Regulations 2008 and come into force on 1st April 2009.

Form of notice

2.—(1) The form of notice to be given under–

(a) section 12A(1) (notice to local authority of proceedings for possession of dwelling house let on protected tenancy or subject to statutory tenancy) of the Rent (Scotland) Act 1984(2);

(b) section 19A(1) (notice to local authority of proceedings for possession of house let on assured tenancy) of the Housing (Scotland) Act 1988(3);

(c) section 14(5A) (notice to local authority of proceedings for possession of house let on Scottish secure tenancy) of the Housing (Scotland) Act 2001(4);

(d) section 36(6A) (notice to local authority of proceedings for possession of house let on short Scottish secure tenancy) of the Housing (Scotland) Act 2001(5);

(e) section 11(1) (notice to local authorities of proceedings for possession and enforcement of standard securities) of the Homelessness etc. (Scotland) Act 2003;

is as set out in Schedule 1.

(2) The form of notice to be given under–

(a) section 19B(1) (notice to local authority of calling-up of standard security or notice of default) of the Conveyancing and Feudal Reform (Scotland) Act 1970(6);

(b) section 24(3)(c) (notice to local authority of application to court for remedies on default of standard security) of the Conveyancing and Feudal Reform (Scotland) Act 1970(7);

(c) section 4(4)(c) (notice to local authority of proceedings to eject proprietor in personal occupancy) of the Mortgage Rights (Scotland) Act 2001(8);

is as set out in Schedule 2.

Manner of giving notice

3.  The notice must be sent by post or transmitted electronically.

S MAXWELL

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

2nd October 2008

Regulation 2(1)

SCHEDULE 1

Regulation 2(2)

SCHEDULE 2

Explanatory Note

(This note is not part of the Regulations)

Section 11 of the Homelessness etc. (Scotland) Act 2003 provides for landlords (other than local authority landlords) and creditors in standard securities to notify local authorities of certain actions and proceedings.

Regulation 2 and Schedules 1 and 2 prescribe the forms of notice to the local authority to be used where a landlord raises proceedings for possession of a dwellinghouse or a creditor serves a calling up notice, or notice of default, applies to court for remedies on default of a standard security, or raises proceedings to eject a proprietor in personal occupancy of a house. Schedule 1 sets out the form for landlords who have raised proceedings for possession and Schedule 2 sets out the form for creditors who have taken various actions.

Regulation 3 provides for the notice to be sent by post or transmitted electronically to the local authority.

(1)

2003 asp 10.

(2)

1984 c. 58; section 12A(1) was inserted by the schedule to the Homelessness etc. (Scotland) Act 2003 (asp 10) (“the Act”).

(3)

1988 c. 43; section 19A(1) was inserted by the schedule to the Act.

(4)

2001 asp 10; section 14(5A) was inserted by the schedule to the Act.

(5)

2001 asp 10; section 36(6A) was inserted by the schedule to the Act.

(6)

1970 c. 35; section 19B(1) was inserted by the schedule to the Act; paragraph 1(3) of that schedule amends section 21(2A) so as to apply section 19B to a notice of default.

(7)

1970 c. 35; section 24(3)(c) was inserted by the schedule to the Act.

(8)

2001 asp 11; section 4(4)(c) was inserted by the schedule to the Act.