Explanatory Note
(This note is not part of the Order)
This Order makes amendments to the Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000 (“the 2000 Order”). The 2000 Order was first amended by S.S.I. 2002/161.
Article 3 inserts a definition of “co-ownership body”. Article 4 amends article 2(2) of the 2000 Order to add houses owned by co-ownership bodies to the list of those that are exempt from the licensing requirements.
Article 5 amends article 5 of the 2000 Order with the effect that resident owners of a house in multiple occupation and any members of that owner’s family also resident in that house shall be disregarded in calculating the number of qualifying persons for that house.
Article 6(a) amends the Schedule to the 2000 Order, which modifies provisions of the Civic Government (Scotland) Act 1982 (“the 1982 Act”). It creates two new offences relating to agents for owners of houses in multiple occupation.
Article 6(b) further modifies the provisions of the 1982 Act by substituting a new paragraph 15 into Schedule 1 to that Act. This has the effect of taking such fees and expenses out of the general treatment of fees and expenses for other licensing activities under the 1982 Act and makes separate new provision for them. In particular, it provides that a licensing authority in considering the level of fees to charge should take account of any money paid by grant by the Scottish Ministers.