The Housing (Scotland) Act 2001 (Appointment of Arbiter) Order 2002

Made5th September 2002

Laid before the Scottish Parliament9th September 2002

Coming into force30th September 2002

The Scottish Ministers, in exercise of the power conferred by sections 6(1)(c) and 110 of the Housing (Scotland) Act 20011 and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement1

This Order may be cited as the Housing (Scotland) Act 2001 (Appointment of Arbiter) Order 2002 and shall come into force on 30th September 2002.

Specification of period for agreement

2

The period of 5 days is hereby specified for the purpose of section 6(1)(c) of the Housing (Scotland) Act 2001.

3

In calculating any period of days for the purpose of article 2 above a Saturday, a Sunday, Christmas Eve, Christmas Day, Good Friday, a bank holiday in Scotland, a day appointed for public thanksgiving or mourning and any day on which the office of either the local authority or the landlord is closed by virtue of a local holiday shall be disregarded.

MARGARET CURRANA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh5th September 2002

(This note is not part of the Order)

Section 6(1)(c) of the Housing (Scotland) Act 2001 provides that if the local authority and the landlord are unable to reach agreement within a specified period as to whether there is a good reason why the landlord has not complied with a request to provide accommodation under section 5 of that Act then an arbiter must be appointed to determine the issue.

This Order prescribes the specified period for the purposes of that section.