Search Legislation

Housing (Scotland) Act 2014

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 26

 Help about opening options

Changes to legislation:

Housing (Scotland) Act 2014, Section 26 is up to date with all changes known to be in force on or before 19 March 2024. 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. Help about Changes to Legislation

Close

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.

View outstanding changes

Changes and effects yet to be applied to Section 26:

26Procedure for third party applicationsS

This section has no associated Explanatory Notes

(1)In paragraph 1 of schedule 2 to the 2006 Act (notification)—

(a)in sub-paragraph (1), for “a tenant's application” substitute “ an application ”,

(b)in sub-paragraph (2), for “either party” substitute “ the landlord or the tenant ”,

(c)in sub-paragraph (3), for “both parties” substitute “ the landlord and the tenant ”, and

(d)after sub-paragraph (3), insert—

(4)In the case of an application under section 22(1A), the committee must, in addition to carrying out the matters mentioned in sub-paragraphs (1) to (3)—

(a)serve on the third party applicant a notice containing the matters mentioned in sub-paragraph (1)(a) to (c),

(b)if the committee thinks fit following a request of the third party applicant, change the day specified for the purposes of sub-paragraph (1)(c),

(c)notify—

(i)the third party applicant of any change under sub-paragraph (2)(b),

(ii)the landlord and the tenant of any change under paragraph (b)..

(2)In paragraph 2 of schedule 2 to the 2006 Act (inquiries)—

(a)in sub-paragraph (3)(a), for “or tenant” substitute “ , the tenant or, as the case may be, third party applicant ”,

(b)in sub-paragraph (3)(b), for “or tenant” substitute “ , tenant or, as the case may be, third party applicant ”,

(c)in sub-paragraph (4)(a), for “in the notice served under” substitute “ in accordance with ”, and

(d)in sub-paragraph (4)(b), for “in a notice served under paragraph 1(2)(b)” substitute “ in accordance with paragraph 1(2)(b) or (4)(b) ”.

(3)In paragraph 3(1) of schedule 2 to the 2006 Act (evidence), after “tenant” insert “ , third party applicant ”.

(4)In paragraph 5 of schedule 2 to the 2006 Act (expenses)—

(a)after sub-paragraph (2)(b), insert—

(ba)the third party applicant,, and

(b)in sub-paragraph (2)(c), for “or tenant” substitute “ , tenant or third party applicant ”.

(5)In paragraph 6 of schedule 2 to the 2006 Act (recording and notification of decisions)—

(a)in sub-paragraph (1)(a), for “a tenant's” substitute “ an ”,

(b)the word “and” at the end of sub-paragraph (3)(c) is repealed, and

(c)for sub-paragraph (3)(d), substitute—

(d)in the case of an application under section 22(1A), the third party applicant, and

(e)the local authority (unless the local authority is the third party applicant in relation to the decision)..

(6)After paragraph 7(1) of schedule 2 to the 2006 Act (withdrawal of application), insert—

(1A)A third party applicant may withdraw an application under section 22(1A) at any time..

(7)In paragraph 8(1) of schedule 2 to the 2006 Act (further provision on procedure), after “22(1)” insert “ and 22(1A) ”.

Commencement Information

I1S. 26(1)-(6) in force at 1.12.2015 by S.S.I. 2015/272, art. 2, Sch.

I2S. 26(7) in force at 20.11.2014 by S.S.I. 2014/264, art. 2, Sch.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources