(This note is not part of the Order)
Section 104 of the Housing (Scotland) Act 2006 (“the 2006 Act”) permits the Scottish Ministers to prescribe documents which must be made available to potential buyers of a house.
In this Order a prescribed survey report is a document prescribed under section 104(1) of the 2006 Act which contains information both about the physical condition of a house and its value.
Article 3 of this Order provides for liability on the part of the person who prepared the report to the buyer of the house.
Article 4 provides an additional ground of jurisdiction in claims for damages under article 3. A person domiciled in any part of the United Kingdom may be sued in Scotland. Where there are proceedings in Scotland, article 5 allows a person to be sued in the courts for the place where the house is situated.
Articles 2 and 3 extend to Scotland only. Otherwise the Order has UK extent.
Article 6 provides for the name of rent assessment committees to be amended to private rented housing committees in the list of Disqualifying Offices in Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975. The name of the committees was changed by section 21 of the 2006 Act.