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Housing (Scotland) Act 2006

Type Act of the Scottish Parliament

Publication 2006-01-05

Last updated 2024-08-30

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(b) different provision for different purposes.

(3) Unless contrary provision is made in subsections (4) to (6), a statutory instrument containing an order or regulations under this Act is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(4) No order—

(a) under section 125(1)(b), 126(2) or 127(1), or

(b) under section 190(1) containing provisions which add to, replace or omit any part of the text of an Act,

is to be made unless a draft of the statutory instrument containing the order has been laid before, and approved by resolution of, the Scottish Parliament.

(4A) Regulations under subsection (1) of section 28B (other than such regulations containing only provision under subsection (2)(b) of that section) are not to be made unless a draft of the statutory instrument containing the regulations has been laid before, and approved by resolution of, the Scottish Parliament.

(5) Regulations under section 20A, 73(3), 77(1), 79(6), 91(5), 99(2), 104(1), 105, 111(4) , 121(1) or 174A(1) are not to be made unless a draft of the statutory instrument containing the regulations has been laid before, and approved by resolution of, the Scottish Parliament.

(6) Subsection (3) does not apply to any statutory instrument containing an order under section 195(3) (commencement orders).

Modification, revocation and repeal of enactments

192

(1) Schedule 6 contains modifications and revocations of enactments in consequence of the provisions of this Act.

(2) The repeals of the enactments specified in column 1 of schedule 7 have effect to the extent specified in column 2.

Crown application

193

(1) This Act binds the Crown.

(2) But subordinate legislation made under this Act need not bind the Crown.

(3) No contravention by the Crown of any provision made by or under this Act makes the Crown criminally liable; but the Court of Session may, on the application of any public body or office-holder having responsibility for enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(4) Despite subsection (3), the provisions made by and under this Act apply to persons in the public service of the Crown as they apply to other persons.

(5) In the application of this Act to the Crown, “owner”—

(a) in the case of land or premises belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners,

(b) in the case of any other land or premises belonging to Her Majesty in right of the Crown, means the office-holder in the Scottish Administration or, as the case may be, the government department having the management of the land or premises, or the relevant person

(c) in the case of land belonging to an office-holder in the Scottish Administration or to a government department or held in trust for Her Majesty for the purposes of the Scottish Administration or a government department, means that office-holder or government department.

(5A) In subsection (5), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.

(6) It is for the Scottish Ministers to determine any question which arises as to who is, for the purposes of this Act, the owner of land or premises falling within paragraphs (a) to (c) of subsection (5); and their decision is final.

Interpretation

194

(1) In this Act, unless the context indicates otherwise—

“the 1987 Act” means the Housing (Scotland) Act 1987 (c. 26),

“building regulations” means any enactments, byelaws, rules or regulations or other provisions under whatever authority made, relating to the construction of new buildings or the laying out of and construction of new roads which are for the time being in force in relation to the land or premises concerned,

“Chamber President” means the President of the First-tier Tribunal Housing and Property Chamber;

“demolition notice” means a notice served under section 33(2),

“disabled person” has the same meaning as in the Disability Discrimination Act 1995 (c. 50),

“First-tier Tribunal” means the First-tier Tribunal for Scotland,

“First-tier Tribunal” means the First-tier Tribunal for Scotland Housing and Property Chamber,

“formal communication” has the meaning given in section 187,

“HMO”, which is an acronym for “house in multiple occupation”, has the meaning given in section 125(1),

“HMO amenity notice” has the meaning given in section 146(2),

“HMO licence” has the meaning given in section 124(2),

“HRA” is used as an acronym for “housing renewal area”,

“HRA action plan” has the meaning given in section 3,

“HRA designation order” means an order made under section 1,

“house”—means any living accommodation which is, or which is capable of being, occupied as a separate dwelling (other than a mobile home or any other living accommodation which is not a building), andincludes—any part of the living accommodation (including its structure and exterior) which is, and any common facilities relating to it which are, owned in common with others, andany yard, garden, garage, out-house or other area or structure which is, or which is capable of being, occupied or enjoyed together with the living accommodation (solely or in common with others),

“land” means any land (including any structure or erection on the land) other than land which consists of or on which there are any premises,

“landlord” means any person who lets a house under a tenancy, and includes the landlord's successors in title,

“legal member” has the same meaning as in section 15(2) of the Tribunals (Scotland) Act 2014;

“living accommodation” means any place which is, or which is capable of being, occupied for the purposes of human habitation,

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39); and references to a local authority in relation to any land or premises are to the authority for the area in which the land is or, as the case may be, the premises are situated,

“maintenance” includes repairs and replacement, cleaning, painting and other routine work, gardening, and the reinstatement of part (but not most) of premises (but does not include demolition, alteration or improvement, or any internal decoration of any part of premises which are not owned in common, unless reasonably incidental to any such repairs etc.); and “maintain”, “maintaining” and other cognate words are to be construed accordingly,

“maintenance account” means a bank or building society account opened for the purpose of holding money to be used to pay costs incurred in connection with any work carried out for the purpose of maintaining premises consisting of two or more houses,

“maintenance order” has the meaning given in section 42,

“maintenance plan” has the meaning given in section 43,

“occupancy arrangement” means an arrangement other than a lease under which a person is entitled, by way of contract or otherwise, to occupy any land or premises,

“occupier” includes any person entitled to occupy any land or premises under a tenancy or an occupancy arrangement (and “occupy”, “occupied” and “occupant” are to be construed accordingly),

“ordinary member” has the same meaning as in section 15(1) of the Tribunals (Scotland) Act 2014;

“premises”—means any building which is, or which is capable of being, occupied (separately or otherwise) for any purpose, andincludes—any part of the building (including its structure and exterior) which is, and any common facilities relating to it which are, owned in common with others, andany yard, garden, garage, out-house or other area or structure which is, or which is capable of being, occupied or enjoyed together with the building or any part of it,

“rent relief order” has the meaning given in section 27(1),

“repairing standard” has the meaning given in section 13,

“repairing standard enforcement order” means an order made under section 24(2),

“temporary exemption order” has the meaning given in section 142(1),

“tenancy” includes—a sub-tenancy,any occupation of living accommodation by a person under that person's terms of employment,but does not otherwise include any occupation under an occupancy arrangement,

“tenant” means a tenant under a tenancy,

“third party applicant” has the meaning given by section 22(1A),

“tolerable standard” has the meaning given in section 86 of the 1987 Act,

“work” includes maintenance, repair and improvement but does not include demolition,

“work notice” means a notice served under section 30(2).

(2) References in this Act to land or premises may, where the context permits, be construed as including reference to any part of that land or those premises which is, or which is capable of being, occupied separately.

(3) References in this Act to work in any premises include references to work—

(a) on any part of them which is a building, and

(b) in or on any part of them which is not a building.

(4) References in this Act to the demolition of any premises include references to such reconstruction of them as the local authority may approve.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) References in this Act to the registering of a document in the appropriate land register are to be treated as references to the recording of the document in the General Register of Sasines or the registering of the information contained in the document in the Land Register of Scotland as appropriate.

(7) This Act does not apply in relation to houses or other living accommodation outwith Scotland.

Short title and commencement

195

(1) This Act may be cited as the Housing (Scotland) Act 2006.

(2) Sections 190 and 191 and this section come into force on Royal Assent.

(3) The other provisions of this Act come into force on such day as the Scottish Ministers may by order appoint.

SCHEDULE 1

Consultation

1

(1) Where a local authority proposes to designate any locality in its area as an HRA, it must give notice of that fact—

(a) to the owner and occupier of each house in the proposed HRA,

(b) where the proposed HRA includes any building which falls within paragraph 4, the planning authority (where the planning authority is not the local authority),

(c) in at least two newspapers circulating in the local authority's area (at least one of which must, if practicable, be a local newspaper), and

(d) in such other manner as the local authority thinks fit.

(2) The notice must—

(a) name a place where and specify the times at which a copy of a draft of the proposed HRA designation order (the “draft order”) may be inspected free of charge,

(b) describe, by reference to the statement made available by the local authority in pursuance of section 72, the assistance which the authority proposes to provide under Part 2 (scheme of assistance) in relation to the implementation of the HRA action plan included in the draft order, and

(c) specify the period (of not less than 3 months from the date on which the notice is given) during which representations concerning the draft order may be made to the local authority.

(3) The local authority must, consider any representations made during the period specified in the notice before deciding whether to make the HRA designation order.—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The local authority may, before it makes its decision, modify the draft order in such manner as it thinks fit.

(5) Such a modification may not extend the proposed HRA.

(5A) Before making such a modification, the local authority must—

(a) give notice describing the general effect of the proposed modification to—

(i) any owner and occupier of a house, and any other person, who it considers likely to be significantly affected by the modification, and

(ii) where it considers that a building which falls within paragraph 4 is likely to be significantly affected by the modification, the planning authority (where the planning authority is not the local authority), and

(b) consider any representations made by such persons.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consideration by Scottish Ministers

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of designation

3

(1) The local authority must, as soon as practicable after making an HRA designation order, give notice of that fact—

(a) to the owner and occupier of each house in the HRA,

(b) in at least two newspapers circulating in the local authority's area (at least one of which must, if practicable, be a local newspaper), and

(2) The notice must—

(a) describe the general effect of the HRA designation order,

(b) describe, by reference to the statement made available by the local authority in pursuance of section 72, the assistance which the authority proposes to provide under Part 2 (scheme of assistance) in relation to the implementation of the HRA action plan included in the order, and

(3) Where the local authority decides not to make an HRA designation order proposed under paragraph 1(1), they must give notice of that fact to the persons, and in the manner, mentioned in that provision.

Listed buildings etc.

4

A building falls within this paragraph if it is—

(a) included in a list of buildings of special architectural or historic interest, being a list compiled or approved under section 1 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9) (“the 1997 Act”),

(b) subject to a building preservation notice under section 3 of the 1997 Act, or

SCHEDULE 2

Notification of referral

1

(1) On receipt of a referral of a tenant’s application under section 23(1) the First-tier Tribunal must, as soon as practicable after receiving the reference, serve notice on the landlord and the tenant—

(a) setting out the detail of the application in such manner as the First-tier Tribunal thinks fit,

(b) stating that the Chamber President has referred the application to be heard by the First-tier Tribunal, and

(i) written representations, or

(ii) request to make oral representations,

must be made.

(2) The day so specified—

(a) must be at least 14 days after the day on which the notice is served, and

(b) may, at the request of the landlord or the tenant , be changed to such later day as the First-tier Tribunal thinks fit.

(3) The First-tier Tribunal must notify the landlord and the tenant of any change under sub-paragraph (2)(b).

(4) In the case of an application under section 22(1A), the First-tier Tribunal 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 First-tier Tribunal thinks fit following a request of the third party applicant, change the day specified for the purposes of sub-paragraph (1)(c),

(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).

Inquiries

2

(1) The First-tier Tribunal may, in considering an application, make such inquiries as it thinks fit for the purposes of determining whether the landlord has complied with the duty imposed by section 14(1)(b) in relation to the house concerned.

(2) Inquiries may be made about matters other than those to which the application relates.

(3) Inquiries must include—

(a) consideration of any timeous written representation made by or on behalf of the landlord , the tenant or, as the case may be, third party applicant ,

(b) where the First-tier Tribunal receives a timeous request to make an oral representation, hearing any such representation made by or on behalf of the landlord , tenant or, as the case may be, third party applicant who made the request, and

(c) consideration of any report about the state of repair of the house concerned which the First-tier Tribunal requests a third party to prepare.

(4) A representation or request is timeous if it is received—

(a) by the day specified in accordance with paragraph 1(1)(c), or

(b) where a later day is specified in accordance with paragraph 1(2)(b) or (4)(b) , by that later day.

Evidence

3

(1) The First-tier Tribunal may, for the purposes of making inquiries, require the landlord, the tenant , third party applicant or any other person—

(a) to attend a hearing of the First-tier Tribunal , at such time and place as the First-tier Tribunal may specify, for the purposes of giving evidence,

(b) to give the First-tier Tribunal, by such day as it may specify, such documents or information as it may reasonably require.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to consult on provision for detecting fires

4

The First-tier Tribunal must, where the application relates to the standard of repair mentioned in section 13(1)(f), consult the chief officer of the Scottish Fire and Rescue Service.

Expenses

5

(1) The Scottish Ministers may pay to any person such allowances and expenses as they may determine in respect of—

(a) the person's attendance at a hearing of the First-tier Tribunal ,

(b) the disclosure of anything required or requested by the First-tier Tribunal (including any report about the state of repair of a house which the First-tier Tribunal requests the person to prepare),

(c) anything else which the person was required or requested to do for the purposes of or in connection with inquiries made by the First-tier Tribunal .

(2) No such payments may be made to—

(a) the landlord,

(b) the tenant, or

(ba) the third party applicant,

other than payments of reasonable travelling expenses in respect of attendance at a hearing of the First-tier Tribunal .

Recording and notification of decisions

6

(1) This paragraph applies to any decision of the First-tier Tribunal —

(a) under section 24(1) (decision on an application),

(b) to vary or revoke a repairing standard enforcement order (see section 25),

(d) to make or not to make a rent relief order (see section 26(2)(b)),

(e) to revoke a rent relief order (see section 27(4)),

(f) to consent under section 28(6) to the landlord entering into a tenancy or occupancy arrangement,

(g) to grant, or to refuse to grant, a certificate under section 60.

(2) A decision to which this paragraph applies—

(a) may be reached by majority, and

(b) must be recorded in a document which—

(i) contains a full statement of the facts found by the the First-tier Tribunal and the reasons for its decision,

(ii) explains the procedure, if any, for appealing the decision, and

(iii) narrates the effect of section 63 (which sets the date from which the decision, and any order made or varied in pursuance of it, has effect).

(3) The First-tier Tribunal must, as soon as reasonably practicable after making a decision to which this paragraph applies, serve notice of the decision on—

(a) the landlord,

(b) the tenant,

(c) where the First-tier Tribunal is aware of the name and address of a person who acts for the tenant in relation to the tenant's application, that person, ...

(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).

(4) Such a notice must be accompanied by a copy of—

(a) the document mentioned in sub-paragraph (2)(b),

(b) any order made or varied, or certificate granted, in pursuance of the decision, and

(5) The local authority is entitled to disclose any notice and any copy document, order, certificate or report it receives under this paragraph to—

(a) an authority administering housing benefit or universal credit,

(b) a person providing services relating to housing benefit or universal credit to, or authorised to discharge any function relating to housing benefit or universal credit of—

(i) a local authority, or

(ii) an authority administering housing benefit or universal credit.

Withdrawal of application

7

(1) A tenant may withdraw an application under section 22(1) at any time (and the tenant is to be treated as having withdrawn it if the tenancy concerned is lawfully terminated).

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

(2) Where an application is withdrawn before the Chamber President has referred the case to the First-tier Tribunal , the Chamber President may—

(a) abandon the application, or

(b) despite the withdrawal, continue to refer the case to the First-tier Tribunal .

(3) Where an application is withdrawn after it has been referred to the First-tier Tribunal, the First-tier Tribunal may—

(a) abandon its consideration of the application, or

(b) despite the withdrawal—

(i) continue to determine the application, and

(ii) if it does so by deciding that the landlord has failed to comply with the duty imposed by section 14(1), make and enforce a repairing standard enforcement order.

Procedure: further provision.

8

(1) The Scottish Ministers may by regulations make further provision about the making or determination of applications under section 22(1) and 22(1A)

(2) Those regulations may, in particular, provide that matters which are preliminary or incidental to the determination of such an application may be dealt with by any individual member of ... the First-tier Tribunal alone.

SCHEDULE 3

1

A penalty charge notice given to a person under section 111 by an authorised officer of an enforcement authority must—

(a) state the officer's belief that that person has committed a breach of duty,

(b) give such particulars of the circumstances as may be necessary to give reasonable notice of the breach of duty,

(i) to pay a penalty charge specified in the notice, or

(ii) to give notice to the enforcement authority that that person wishes the authority to review the notice,

(d) state the effect of paragraph 8,

(e) specify the person to whom and the address at which the penalty charge may be paid and the method or methods by which payment may be made, and

(f) specify the person to whom and the address at which a notice requesting a review may be sent (and to which any representations relating to the review may be addressed).

2

The penalty charge specified in the notice must be the amount (not exceeding £500) prescribed for the time being by regulations made by the Scottish Ministers.

3

(1) The period specified under paragraph 1(c) must—

(a) not be less than 28 days, and

(b) begin with the day after that on which the penalty charge notice was given.

(2) The enforcement authority may extend the period for complying with the requirement mentioned in paragraph 1(c) in any particular case if it considers it appropriate to do so.

4

(1) If, within the period specified under paragraph 1(c) (or that period as extended under paragraph 3(2)), the recipient of the penalty charge notice gives notice to the enforcement authority requesting a review, the authority must—

(a) consider any representations made by the recipient and all other circumstances of the case,

(b) decide whether to confirm or withdraw the notice, and

(2) A notice under sub-paragraph (1)(c) confirming the penalty charge notice must also state the effect of paragraphs 5(1) to (4) and 7.

(3) The enforcement authority—

(a) must withdraw the penalty charge notice if satisfied, following a review or at any other time—

(i) that the recipient did not commit the breach of duty specified in the notice, or

(ii) that the notice was not given within the time allowed by section 111(2) or did not comply with the other requirements imposed by or under this schedule,

(b) may otherwise withdraw the penalty charge notice if satisfied, following a review or at any other time, that the recipient is unlikely to commit a further breach of the duty specified in the notice.

5

(1) If after a review the penalty charge notice is confirmed by the enforcement authority, the recipient may appeal by summary application to the sheriff against the penalty charge notice.

(2) An appeal against a penalty charge notice must be made within the period 28 days beginning with service of the notice under paragraph 4(1)(c).

(3) But the sheriff may on cause shown hear an appeal made after the deadline set by sub-paragraph (2).

(4) An appeal against a penalty charge notice must be on one (or both) of the following grounds—

(a) that the recipient did not commit the breach of duty specified in the penalty charge notice, or

(b) that the notice was not given within the time allowed by section 111(2) or does not comply with any other requirement imposed by or under this schedule.

(5) The sheriff must determine an appeal against a penalty charge notice by upholding or quashing the notice.

(6) The recipient or the enforcement authority may, on point of law only, appeal to the sheriff principal against the sheriff's determination.

(7) In this paragraph “sheriff” means the sheriff of the sheriffdom in which the house is situated.

6

If the penalty charge notice is withdrawn or quashed, the authority must repay any amount previously paid as a penalty charge in pursuance of the notice.

7

(1) The amount of the penalty charge is recoverable from the recipient of the penalty charge notice as a debt owed to the authority unless—

(a) the notice has been withdrawn or quashed, or

(b) the charge has been paid.

(2) Proceedings for the recovery of the penalty charge may not be commenced—

(a) before the end of the period mentioned in paragraph 4(1), or

(b) where within that period the recipient of the penalty charge notice gives notice to the authority that the recipient wishes the authority to review the penalty charge notice—

(i) before the end of the period mentioned in paragraph 5(2), or

(ii) where the recipient appeals against the penalty charge notice, before the end of the period of 28 days beginning with the day on which the appeal is abandoned or determined by the sheriff.

8

In proceedings for the recovery of the penalty charge, a certificate which—

(a) purports to be signed by or on behalf of the person having responsibility for the financial affairs of the enforcement authority, and

(b) states that payment of the penalty charge was or was not received by a date specified in the certificate,

is sufficient evidence of the facts stated.

SCHEDULE 4

Content of application

1

(1) An application for an HMO licence must be written in such form as the local authority may reasonably require.

(2) Such an application must set out—

(a) the address of the living accommodation concerned,

(b) in the case of an application by an individual, the name and address of the applicant,

(d) if the applicant wishes the HMO licence to authorise an agent to act for the applicant in relation to the occupation of the living accommodation—

(i) where the agent is an individual, the name and address of the agent, or

(ii) where the agent is a body, the information set out in sub-paragraph (3),

(e) any other information which the Scottish Ministers may by order require to be set out in such an application, and

(f) any other information which the local authority may reasonably require.

(3) The information referred to in sub-paragraph (2)(c) and (d)(ii) is—

(a) the name of the body,

(b) the body's principal office, and

(4) The application must be—

(a) signed by or on behalf of the applicant, and

(b) accompanied by the application fee (see section 161).

Notice of application

2

(1) A “notice of HMO application” is a notice which—

(a) states that an application for an HMO licence has been made in respect of living accommodation,

(b) sets out the information described in paragraph 1(2) and (3) (excluding the information described in sub-paragraph (3)(c) of that provision),

(d) explains the procedure for making written representations about the application to the local authority.

(2) The applicant must cause a notice of HMO application to be displayed on or near to the living accommodation concerned for 21 days from the date on which the application is made.

(3) The applicant must ensure that the notice of HMO application is designed and displayed so that it can be conveniently read by the public.

(4) The removal, obscuring or defacement of a notice of HMO application does not affect compliance with sub-paragraphs (2) and (3) if the applicant—

(a) took reasonable steps to prevent (and did not cause) the removal, obscuring or defacement, and

(b) on becoming aware of such an event, replaced the notice.

(5) An applicant who considers that sub-paragraphs (2) and (3) have been complied with must certify that fact to the local authority.

(6) Where—

(a) a notice of HMO application is removed, obscured or defaced during the period for which it must be displayed, but

(b) the applicant considers that compliance with sub-paragraphs (2) and (3) is, because of sub-paragraph (4), unaffected,

the certificate must state the relevant circumstances.

(7) If the local authority is satisfied that sub-paragraph (2) or (3) has not been complied with in the manner certified by the applicant, it may require the applicant to cause a notice of HMO application to be displayed on or near the living accommodation concerned for 21 days from such date as the authority may specify.

(8) Sub-paragraphs (3) to (7) apply in relation to a duty under sub-paragraph (7) as they apply in relation to a duty under sub-paragraph (2).

(9) On receiving an application for an HMO licence, the local authority—

(a) must send a copy of the application to the chief officer of the enforcing authority authority and the chief constable, and

(b) may give a notice of HMO application in a newspaper circulating in its area.

Notices: exceptions

3

(1) This paragraph applies where the local authority considers, on the submission of any applicant—

(a) that the applicant has been unable to comply with paragraph 2(2) or (3) because of a lack of necessary rights (of access or otherwise) despite having taken reasonable steps for the purposes of acquiring those rights, or

(b) that complying with paragraph 2(2) or (3) is likely to jeopardise—

(i) the safety or welfare of any persons, or

(ii) the security of any premises.

(2) Where this paragraph applies the local authority must—

(a) disapply paragraph 2(2) to (8) in relation to the application concerned by serving notice of the disapplication to the applicant, and

(b) serve, or require the applicant to serve, notice of HMO application on the occupiers of such premises in the vicinity of the living accommodation concerned as the authority thinks fit.

(3) The local authority must give notice under paragraph 2(9)(b) where this paragraph applies because of sub-paragraph (1)(a) of this paragraph.

(4) The local authority must not give notice under paragraph 2(9)(b) where this paragraph applies because of sub-paragraph (1)(b) of this paragraph.

(5) The Scottish Ministers may give directions to local authorities about circumstances in which authorities must consider that compliance with paragraph 2(2) or (3) is likely to jeopardise—

(a) the safety or welfare of persons, or

(b) the security of premises.

(6) Directions given under sub-paragraph 5 may be varied or revoked at any time.

Representations

4

(1) A written representation about an application for an HMO licence is valid only if it—

(a) sets out the name and address of the respondent,

(b) is signed by or on behalf of the respondent, and

(2) The deadline for making written representations is—

(a) where one or more notices of HMO application has or have been—

(i) displayed in pursuance of paragraph 2(2) or (7), or

(ii) served under paragraph 2(9)(b) or 3(2)(b),

the latest date specified in any such notice as the date by which written representations must be made, or

(b) where no such notice is given, the date which is 21 days after the date on which the application is made.

Inquiries

5

(1) The local authority may make such inquiries about the application as the authority thinks fit.

(2) The local authority must make a report of any matter arising from any such inquiries which the local authority considers relevant to the determination of the application.

Applicant’s opportunity to respond

6

(1) The local authority must give the applicant a copy of—

(a) any valid written representation,

(b) any late written representation which the authority intends to consider, and

(2) A copy representation or report given under sub-paragraph (1) must be accompanied by a notice specifying the period (of not less than 7 days from the date on which the notice is given) during which the applicant may give a written response to the local authority on any matter set out in the copy representation or report.

Hearings

7

(1) The local authority may decide to hear oral representations about the application.

(2) If the local authority decides to hold such a hearing, it must invite—

(a) the applicant,

(b) each respondent who has made a valid written representation or a late written representation which the authority intends to consider, and

to make oral representations.

(3) An invitation under sub-paragraph (1) must be given not less than 7 days before the proposed hearing.

Consideration of application

8

(1) Before determining an application for an HMO licence, the local authority must consider any—

(a) valid written representations (unless withdrawn),

(b) reports made under paragraph 5(2),

(c) written responses given by the applicant in pursuance of paragraph 6(2) (within the period specified in that paragraph), and

(d) oral representations made in pursuance of paragraph 7.

(2) The local authority must not consider any written representation which is invalidated by paragraph (a) or (b) of paragraph 4(1).

(3) But the local authority may consider a late written representation if it is satisfied that it was reasonable for the respondent to make the representation after the deadline for doing so.

Time limit for determining application

9

(1) The local authority must decide whether to grant or refuse an application for an HMO licence within 12 months of it receiving the application.

(2) The period mentioned in sub-paragraph (1) may be extended by the sheriff, on summary application by the local authority, by such period as the sheriff thinks fit.

(3) The sheriff may not extend a period unless the local authority applies for the extension before the period expires.

(4) The applicant is entitled to be a party to any proceedings on such a summary application.

(5) The sheriff's decision on such an application is final.

(6) If the local authority does not determine an application for an HMO licence within the period mentioned in sub-paragraph (1) (or that period as extended), the authority is to be treated as having decided to grant the HMO licence unconditionally.

(7) Sub-paragraph (6) does not affect the local authority's power to vary or revoke an HMO licence granted in pursuance of that sub-paragraph.

SCHEDULE 5

Carrying out of work by local authority

1

(1) If the owner of living accommodation fails to comply with an HMO amenity notice, the local authority may carry out the work required by the notice.

(2) The local authority may not carry out any work authorised by sub-paragraph (1) unless—

(a) the period within which the work requires to be carried out has ended, or

(b) the owner has given notice to the local authority—

(i) of being unable to comply with the HMO amenity notice because of a lack of necessary rights (of access or otherwise) despite having taken reasonable steps for the purposes of acquiring those rights, or

(ii) stating that the owner considers that carrying out the work required is likely to endanger any person.

Evacuation

2

(1) Where the local authority—

(a) is authorised by this schedule to carry out work in living accommodation, and

(b) considers that doing so is likely to endanger the occupant of any land or premises,

it must require that occupant to move from the land or premises.

(2) A requirement under sub-paragraph (1) must be made by serving a notice on the occupant specifying—

(a) by reference to the work which the local authority is authorised to carry out, the reason why the occupant is required to move, and

(b) the period, beginning not less than 14 days after the date on which the notice is served, within which the occupant must move.

(3) A requirement under sub-paragraph (1) ceases to have effect if—

(a) the sheriff refuses to grant a warrant under paragraph 3(4) in relation to it, or

(b) the work concerned is completed.

Warrants for ejection

3

(1) Where an occupant has not complied with a requirement under paragraph 2, the local authority may, by summary application, apply to the sheriff for a warrant for the ejection of the occupant from the land or premises in question.

(2) No such application may be made before the expiry of the period specified in the notice served under paragraph 2(2).

(3) On such an application, the sheriff may require the service of a further notice on the occupant.

(4) The sheriff may, if satisfied that the occupant is likely to be endangered by the carrying out of the work concerned, grant a warrant of ejection requiring the occupant to move from the land or premises in question, within such period as the sheriff may determine, until the work is completed.

(5) Such a warrant—

(a) may be made subject to such other conditions (including conditions with respect to payment of rent) as the sheriff thinks just and equitable, but

(b) where a further notice is served under sub-paragraph (3), may not require the occupant to move before the day which is 14 days after service of that notice.

(6) No such warrant may require a person to move from any living accommodation which is that person's only or main residence unless the sheriff is satisfied that suitable alternative living accommodation on reasonable terms will be available to that person.

(7) The reference in sub-paragraph (6) to suitable alternative living accommodation is a reference to accommodation which is suitable for occupation by the resident and any other person whose only or main residence would, but for the location of that other person's place of work or of any educational institution which the person attends, be the accommodation concerned.

(8) The sheriff's decision on the application is final.

(9) Refusal by the sheriff to grant any warrant sought under this paragraph does not affect the validity of the HMO amenity notice in relation to which the warrant was sought.

(10) Nothing in an enactment mentioned in sub-paragraph (11) restricts the power of a local authority to apply for, or the power of the sheriff to grant, a warrant under sub-paragraph (4).

(11) The enactments referred to in sub-paragraph (10) are—

(a) the Rent (Scotland) Act 1984,

(b) Part 2 of the Housing (Scotland) Act 1988,

Unlawful occupation etc.

4

(1) A person commits an offence if the person, knowing that a requirement under paragraph 2(1) has effect in relation to any land or premises—

(a) occupies it or them, or

(b) permits such occupation.

(2) A person guilty of an offence under sub-paragraph (1) is liable, on summary conviction, to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 3 months or to both.

(3) It is not an offence under sub-paragraph (1)—

(a) for a person to continue to occupy any land or premises which that person occupied on the day on which the requirement under paragraph 2(1) is made, or

(b) to permit such a person to continue occupation.

Listed buildings etc.

5

(1) This paragraph applies to a building which is—

(a) included in a list of buildings of special architectural or historic interest, being a list compiled or approved under section 1 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9) (“the 1997 Act”),

(b) subject to a building preservation notice under section 3 of the 1997 Act, or

(2) The local authority must, before it carries out any work in any living accommodation which is, or which forms part of, a building to which this paragraph applies in pursuance of paragraph 1, consult—

(a) Historic Environment Scotland,

(b) the planning authority (where the planning authority is not the local authority), and

(3) Any requirement under section 146(2) to carry out work in or in relation to a building to which this paragraph applies has effect only in so far as it is not inconsistent with any provision of the 1997 Act.

Recovery of expenses etc.

6

(1) The local authority may recover any expenses it incurs in carrying out any work authorised by this schedule from the owner of the living accommodation concerned.

(2) Sub-paragraph (1) entitles the local authority to recover—

(a) any administrative expenses incurred by it in connection with the act to which the expenses relate or, as the case may be, with the making of the payment, and

(b) interest, at such reasonable rate as it may determine, from the date when a demand for payment is served until the whole amount is paid.

(3) Notice of any decision to demand recovery of expenses under this paragraph must be given in accordance with section 158.

(4) That notice may include, in addition to the matters specified in section 158(12)(a) and (b), a declaration by the local authority that any sums recoverable under this paragraph are to be payable by instalments.

Certification

7

(1) A person who is required to carry out work by an HMO amenity notice may apply to the local authority for certification that the work has been completed.

(2) An application under this paragraph is not competent unless the applicant has paid any expenses demanded by the local authority under paragraph 6 in relation to that work.

(3) The local authority must grant the certificate applied for if satisfied that the work required by the notice has been completed.

(4) Notice of any decision to refuse such an application must be given in accordance with section 158.

Registration

8

The local authority must keep a written record of each HMO amenity notice which relates to living accommodation which is not a building.

SCHEDULE 6

Part 1 — Modification of Acts

References to “standard amenities”

1

A reference in any previous enactment to “standard amenities” within the meaning of—

(a) section 39 of the Housing (Financial Provision) (Scotland) Act 1968 (c. 31),

(b) section 7 of the Housing (Scotland) Act 1974 (c. 45), or

is a reference to standard amenities within the meaning of section 73(6).

Crofters Holdings (Scotland) Act 1886 (c. 29)

2

For paragraph 1A of the Schedule to the Crofters Holdings (Scotland) Act 1886, substitute—

(1A) Work carried out in implementation of an HRA action plan included in an HRA designation order made under section 1 of the Housing (Scotland) Act 2006 (asp 1).

Land Compensation (Scotland) Act 1973 (c. 56)

3

In section 27(7) of the Land Compensation (Scotland) Act 1973—

(a) in paragraph (a), for the words “an order under section 88 of that Act” substitute “ an HRA designation order under section 1 of the Housing (Scotland) Act 2006 (asp 1) ”,

(b) in each of paragraphs (b) and (c), at the end insert “ of 1987 ”,

(d) a work notice under section 30 of the said Act of 2006.

Rent (Scotland) Act 1984 (c. 58)

4

The Rent (Scotland) Act 1984 is amended as follows.

5

For “rent assessment”, in each place where those words appear in—

(a) sections 44, 46(6), 48(1), 49(2), 50(4), 53(1), 60(2), 65(1) and (2), 66(1) and (5), 66A(2) and (3), 67(1), 68, 70(1) and (4), 71(1), 72(1), 74(1), 77, 80(1), 81(1) (in the definition of “register”), 85(1)(b) and 115(2),

(b) paragraphs 1, 5 to 7 and 11 of Schedule 4,

(d) paragraphs 2(1) and (2), 5, 6(1), 7(1) and (2) and 9(b) of Schedule 6,

(e) the titles of sections 44, 65, 66, 71, 72 and 77 and the title of Schedule 4,

(f) the cross-headings before paragraphs 8 and 13 of Schedule 5,

substitute “ private rented housing ”.

6

In section 106—

(a) in subsection (1), for the words “Part XIII of the Housing (Scotland) Act 1987” substitute “ a grant or loan under Part 2 of the Housing (Scotland) Act 2006 (asp 1) ”,

(b) in subsection (2), for the words “section 241(2) of the Act of 1987” substitute “ section 75(7) of the said Act of 2006 ”,

(5) In this section— - “standard amenities” has the meaning given by section 73(6) of the said Act of 2006; and - “tolerable standard” has the meaning given by section 86 of the Housing (Scotland) Act 1987 (c. 26).

7

In section 115(1), for the definition of “rent assessment committee” substitute—

“private rented housing committee” has the meaning assigned to it by section 44 above;

8

In paragraph 5 of Schedule 4, the words “to act for any registration areas” are repealed.

Housing (Scotland) Act 1987 (c. 26)

9

The 1987 Act is amended as follows.

10

In section 107, after “amenities”, where it first occurs, insert “ (within the meaning given by section 73(6) of the Housing (Scotland) Act 2006 (asp 1)) ”.

11

In section 308(1), for the words from “sections” to “8” substitute “ section 121 ”.

12

In section 311(1), for paragraph (b) substitute—

(b) if the house is in a housing renewal area (within the meaning of the Housing (Scotland) Act 2006 (asp 1)), the date on which the order designating it was made under section 1 of that Act of 2006 and the authority which made it;

13

In section 313(3), for the words from “may,” to the end substitute “ may treat the failure as a failure to carry out work required by a work notice (within the meaning of the Housing (Scotland) Act 2006 (asp 1)) and the provisions of that Act which relate to the enforcement of such notices by local authorities shall apply with such modifications as may be necessary. ”.

14

In section 338(1), for the definition of “disabled person” substitute—

“disabled person” has the same meaning as in the Disability Discrimination Act 1995 (c. 50),

15

In paragraph 1 of Schedule 9, for “sections 108(3), 131(2) and 164(4)” substitute “ section 131(2) ”.

Housing (Scotland) Act 1988 (c. 43)

16

In the Housing (Scotland) Act 1988, for “rent assessment”, in each place where those words appear in—

(a) sections 17(3) to (5), (7) and (8), 24(3), 25(1) and (4) to (7), 25A(4), 25B(1) and (3), 34(1), (3) and (4), 44(3), 48(1) and (2), 48A, 49(1) and (2) and 68,

(b) the titles of sections 25, 25B, 34, 35 and 48,

substitute “ private rented housing ”.

Tribunals and Inquiries Act 1992 (c. 53)

17

In paragraph 59 of Schedule 1 to the Tribunals and Inquiries Act 1992, for “rent assessment” substitute “ private rented housing ”.

Home Energy Conservation Act 1995 (c. 10)

18

In section 1 of the Home Energy Conservation Act 1995, in paragraph (aa)(ii) of the definition of “residential accommodation”, for the words from “a” to “1987” substitute “ an HMO (within the meaning of the Housing (Scotland) Act 2006 (asp 1)) which requires to be licensed under Part 5 of that Act ”.

Scottish Public Services Ombudsman Act 2002 (asp 11)

19

In paragraph 5 of schedule 3 to the Scottish Public Services Ombudsman Act 2002, for “rent assessment” substitute “ private rented housing ”.

Building (Scotland) Act 2003 (asp 8)

20

Section 24 (duty to keep building standards register) of the Building (Scotland) Act 2003 is amended as follows.

21

In subsection (1)—

(a) the word “and” which follows paragraph (b) is repealed,

(b) after paragraph (c) insert

, and (d) work notices served under section 30, demolition notices served under section 33, and HMO amenity notices (insofar as they relate to buildings) served under section 146, of the Housing (Scotland) Act 2006 (asp 1)

22

In subsection 2(a), for “(c)” substitute “ (d) ”.

Fire (Scotland) Act 2005 (asp 5)

23

In section 78(5)(a) of the Fire (Scotland) Act 2005, for the words from “as” to “required” substitute “ which requires to be licensed under Part 5 of the Housing (Scotland) Act 2006 (asp 1) ”.

Part 2 — Revocation of subordinate legislation

The Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Orders

24

The following orders are revoked—

(a) the Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000 (S.S.I. 2000/177),

(b) the Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Amendment Order 2002 (S.S.I. 2002/161), and

(c) the Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Amendment Order 2003 (S.S.I. 2003/463).

SCHEDULE 7

The repairing standard

Referral to private rented housing committee

First-tier Tribunal Member to arrange suitable time for access

Landlord application to private rented housing panel: further provision

Power of local authority to carry out or arrange work or demolition

Revocation of work notice

Service of documents

Matters relevant to application to carry out work under section 52

Adaptations: power to change method of appeal

Effect of tenant moving from house

Certification

Adaptations: power to change method of appeal

Guidance about availability and amount of assistance

Requirement for HMOs to be licensed

Tenancy deposits: preliminary

Particulars of site agreements to be given in advance

Meaning of “house in multiple occupation”

Requirement for HMOs to be licensed

Repayment charges

Matters relevant to deciding whether person is fit and proper to act as a landlord

Part 5 appeals

Strategy for improving home energy efficiency

Rights of entry: general

Equal opportunities

Amendments: harassment and eviction of occupiers of mobile homes

Consultation

Consideration by Scottish Ministers

Notice of decision

Listed buildings etc.

Notification of referral

Inquiries

Evidence

Duty to consult on provision for detecting fires

Expenses

Recording and notification of decisions

Withdrawal of application

Procedure: further provision.

Content of application

Notice of application

Notices: exceptions

Representations

Inquiries

Applicant's opportunity to respond

Hearings

Consideration of application

Time limit for determining application

Carrying out of work by local authority

Evacuation

Warrants for ejection

Unlawful occupation etc.

Listed buildings etc.

Recovery of expenses etc.

Certification

Registration

References to “standard amenities”

Crofters Holdings (Scotland) Act 1886 (c. 29)

Land Compensation (Scotland) Act 1973 (c. 56)

Rent (Scotland) Act 1984 (c. 58)

Housing (Scotland) Act 1987 (c. 26)

Housing (Scotland) Act 1988 (c. 43)

Tribunals and Inquiries Act 1992 (c. 53)

Home Energy Conservation Act 1995 (c. 10)

Scottish Public Services Ombudsman Act 2002 (asp 11)

Building (Scotland) Act 2003 (asp 8)

Fire (Scotland) Act 2005 (asp 5)

The Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Orders

Editorial notes

[^c1897711]: S. 22 wholly in force at 3.9.2007; s. 22 not in force at Royal Assent see s. 195(3); s. 22(5) in force for certain purposes at 4.12.2006 by S.S.I. 2006/569, art. 2; s. 22 in force at 3.9.2007 by S.S.I. 2007/270, {art. 3 Table}

[^c1897928]: Words in s. 53(1)(g) substituted (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 93, Sch. 3 para. 63(a) (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

[^c1967753]: S. 59 partly in force; s. 59 not in force at Royal Assent see s. 195; s. 59(2)-(5) in force at 3.9.2007 by S.S.I. 2007/270, {art. 3 Table}

[^c1911104]: S. 63 wholly in force at 3.9.2007; s. 63 not in force at Royal Assent see s. 195(3); s. 63(1) in force at 4.12.2006 by S.S.I. 2006/569, art. 2; s. 63(2)-(9) in force at 3.9.2007 by S.S.I. 2007/270, {art. 3 Table}

[^c1897670]: S. 64 wholly in force at 3.9.2007; s. 64 not in force at Royal Assent see s. 195(3); s. 64(6) in force at 4.12.2006 and s. 64(7) in force at 4.12.2006 for certain purposes by S.S.I. 2006/395, art. 2; s. 64(1)-(5)(7) in force at 3.9.2007 by S.S.I. 2007/270, {art. 3 Table}

[^c1897671]: S. 65 partly in force; s. 65 not in force at Royal Assent see s. 195(3); s. 65(3)(4) in force at 4.12.2006, s. 65(5) in force for certain purposes at 4.12.2006 by S.S.I. 2006/395, art. 2; s. 65(1)(2)(5) in force at 3.9.2007 by S.S.I. 2007/270, {art. 3 Table}

[^c1897673]: S. 66 wholly in force at 3.9.2007; s. 66 not in force at Royal Assent see s. 195(3); s. 66(1)(4) in force for certain purposes at 4.12.2006 by S.S.I. 2006/395, art. 2; s. 66 in force at 3.9.2007 by S.S.I. 2007/270, {art. 3 Table}

[^c1897718]: s. 99 not in force at Royal Assent see s. 195(3); s. 99 in force for certain purposes at 4.12.2006 by S.S.I. 2006/569, art. 2

[^c1897771]: s. 104 not in force at Royal Assent see s. 195(3); s. 104 in force for certain purposes at 4.12.2006 by S.S.I. 2006/569, art. 2

[^c1897830]: s. 105 not in force at Royal Assent see s. 195(3); s. 105 in force for certain purposes at 4.12.2006 by S.S.I. 2006/569, art. 2

[^c1897831]: S. 111 partly in force; s. 111 not in force at Royal Assent see s. 195(3); s. 111(3) in force for certain purposes at 4.12.2006 by S.S.I. 2006/569, art. 2

[^c1897996]: Words in s. 138(4)(8)(b) substituted (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 2(1), Sch. 1 para. 17(2)(3)(a)

[^c1898073]: Words in s. 139(2)(c) substituted (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 2(1), Sch. 1 para. 17(2)(3)(b)

[^c1898081]: Words in s. 158(2)(b) substituted (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 2(1), Sch. 1 para. 17(2)(3)(c)

[^c1898082]: Words in s. 158(7)(c) substituted (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 2(1), Sch. 1 para. 17(2)(3)(c)

[^c1898084]: Words in s. 158(8)(c) substituted (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 2(1), Sch. 1 para. 17(4)

[^c1898087]: Words in s. 164(3)(b)(iii) substituted (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 2(1), Sch. 1 para. 17(2)(3)(d)

[^c1898089]: S. 166: definition inserted (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 2(2), Sch. 1 para. 17(5)

[^c1897699]: S. 181 partly in force; s. 181 not in force at Royal Assent see s. 195(3); s. 181(1)(c)(5) in force at 4.12.2006 see S.S.I. 2006/569, art. 2; s. 181(2)(4)(6) in force at 3.9.2007 by S.S.I. 2007/270, {art. 3 Table}

[^c1967766]: S. 191(2) power partly exercised: different dates appointed for specified provisions by {S.S.I. 2007/270}, art. 3 Table

[^c1967760]: S. 192 not in force at Royal Assent see s. 195; s. 192 in force for certain purposes at 3.9.2007 by S.S.I. 2007/270, {art. 3 Table}

[^c1898197]: S. 195(3) power partly exercised: 29.1.2006 appointed for specified provisions by {S.S.I. 2006/14}, art. 2; 17.5.2006 appointed for specified provisions by {S.S.I. 2006/252}, art. 2; different dates appointed for specified provisions by {S.S.I. 2006/395}, art. 2; 4.12.2006 appointed for specified provisions by {S.S.I. 2006/569}, art. 2; different dates appointed for specified provisions by {S.S.I. 2007/270}, art. 3 Table (with arts. 4-6)

[^c1897836]: Sch. 2 para. 8 not in force at Royal Assent see s. 195(3); Sch. 2 para. 8 in force for certain purposes at 4.12.2006 by S.S.I. 2006/569, art. 2; Sch. 2 para. 8 in force at 3.9.2007 by S.S.I. 2007/270, {art. 3 Table}

[^c1897839]: Sch. 3 para. 2 partly in force; Sch. 3 para. 2 not in force at Royal Assent see s. 195(3); Sch. 3 para. 2 in force for certain purposes at 4.12.2006 by S.S.I. 2006/569, art. 2

[^c1898095]: Words in Sch. 4 para. 2(9)(a) substituted (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 2(1), Sch. 1 para. 17(2)(3)(e)

[^c1967748]: Sch. 7 not in force at Royal Assent see s. 195; Sch. 7 in force for specified purposes at 3.9.2007 by S.S.I. 2007/270, {art. 3 Table} (with arts. 4-6)

[^key-a7b93a3df647eadd8a2814650c61f436]: S. 73 in force at 29.9.2008 for specified purposes by S.S.I. 2008/308, art. 3

[^key-6ef6feac7ab1f3a1146ceac381274cbe]: S. 77 in force at 29.9.2008 for specified purposes by S.S.I. 2008/308, art. 3

[^key-9dcc833fc87c269677b9c84d267d146d]: S. 79 in force at 29.9.2008 for specified purposes by S.S.I. 2008/308, art. 3

[^key-fdc1f8ebaf8c465a1089fdfcc8d75c0a]: S. 98 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

[^key-e92185d2c3e9f6c0ad80a2a4b7179750]: S. 99 in force at 1.12.2008 in so far as not already in force by S.S.I. 2008/308, art. 3 (with art. 4)

[^key-a69f23eb2678535b5074322bad01f8b3]: S. 100 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

[^key-437b822b1f1aa5f71574c3707e1ebbe8]: S. 101 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

[^key-e31a2bb3a6c35cf1b7c3eb0115058a1d]: S. 102 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

[^key-379b9352b5d19986d557f3e3d3d80f41]: S. 103 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

[^key-7bd1a2a5aaceef2e87bc4ab0ecd09b2a]: S. 104 in force at 1.12.2008 in so far as not already in force by S.S.I. 2008/308, art. 3 (with art. 4)

[^key-75a8b70a0789212b3fcd1caa3229ea3c]: S. 105 in force at 1.12.2008 in so far as not already in force by S.S.I. 2008/308, art. 3 (with art. 4)

[^key-819f08c5379b9b7810bc80632f34ecf5]: S. 106 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

[^key-f93c2c345ac22a87c970cb016d473ce1]: S. 107 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

[^key-da4fcdb02420af5046c66762eff40e25]: S. 108 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

[^key-a8cdd92cfa1fa1360ed984823e7e4c77]: S. 109 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

[^key-20d4fc47464bc3bb15cc140912eae855]: S. 110 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

[^key-9f12c92d39cbdd18cff39b282975f714]: S. 111(1)(2)(4)(5) in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

[^key-ca69433c94564a8ec08e4d09f7e43fb0]: S. 111(3) in force at 1.12.2008 in so far as not already in force by S.S.I. 2008/308, art. 3 (with art. 4)

[^key-9f0e047f3391872fff8db56f39df9bdb]: S. 112 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

[^key-fda6cd1c3a21992bff48d2e6366f3dfb]: S. 113 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

[^key-9033fd2fb9c073b4c6956e6285cc4f08]: S. 114 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

[^key-00e2657e4f1eca6025332d8fdb90da5a]: S. 115 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

[^key-e1cf04427fe2d399df80a64d16130e55]: S. 116 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

[^key-99a19fc06c146e8785a1ec7fcb3b9dc6]: S. 117 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

[^key-30eea33a466b3ec25a2c797b831a1c4b]: S. 118 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

[^key-45b0d9eb5aceaf67b99dcc0f2762041d]: S. 119 in force at 1.12.2008 by S.S.I. 2008/308, art. 3 (with art. 4)

[^key-622820d689323bf76f6d9602368dc212]: Sch. 3 para. 1 in force at 1.12.2008 by S.S.I. 2008/308, art. 3

[^key-c5d66cbd7a75b8bf3296cb74403cb143]: Sch. 3 para. 2 in force at 1.12.2008 in so far as not already in force by S.S.I. 2008/308, art. 3

[^key-1197dc371ea8560cd64b11b545c5b251]: Sch. 3 para. 3 in force at 1.12.2008 by S.S.I. 2008/308, art. 3

[^key-f1f37a795f5400c0643141ba392367dc]: Sch. 3 para. 4 in force at 1.12.2008 by S.S.I. 2008/308, art. 3

[^key-629a91bcb30d1173631b027ec5a637b5]: Sch. 3 para. 5 in force at 1.12.2008 by S.S.I. 2008/308, art. 3

[^key-3e20e7a27704c340519ef8533984d596]: Sch. 3 para. 6 in force at 1.12.2008 by S.S.I. 2008/308, art. 3

[^key-d01bc6a2b3b8d542c69d0e2119179cd1]: Sch. 3 para. 7 in force at 1.12.2008 by S.S.I. 2008/308, art. 3

[^key-5ac268e860a6cce7a6a50531122cae89]: Sch. 3 para. 8 in force at 1.12.2008 by S.S.I. 2008/308, art. 3

[^key-b9a8b7f43b463f292a2bc6972bbd0d1e]: S. 59(1)(6) in force at 1.4.2009 by S.S.I. 2009/122, art. 3

[^key-5b3503eb048b203e674310315080263a]: S. 73 in force at 1.4.2009 in so far as not already in force by S.S.I. 2009/122, art. 3

[^key-b8b684f3a3543983fd95e192bb75511a]: S. 77 in force at 1.4.2009 in so far as not already in force by S.S.I. 2009/122, art. 3

[^key-3571c1a1f027ab39142fae994f239c44]: S. 10 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

[^key-0c972f327647affcd4de1a4e6c81430c]: S. 11 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

[^key-82c7ebb68947646dda1e44e71b9e27d3]: S. 40 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

[^key-71e8af6918332c2a3ebe1e9ba9a4f6e8]: S. 95 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

[^key-7593ee846ef6db0cbffa5d398be958f4]: S. 2 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

[^key-a9cfc6cf410ea74ff86c02ee2f03c2d7]: S. 5 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

[^key-b91fa32a6f3ae197c6c5576eb8cc76b6]: S. 50 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

[^key-9713299f417157ec8523cedb6d1d4466]: S. 71 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

[^key-bfc422f488dcbf616cd8eeb142666163]: S. 192 in force at 1.4.2009 for specified purposes by S.S.I. 2009/122, art. 3

[^key-51740f46c41fa3cb761f09d71392640d]: Sch. 6 para. 21 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

[^key-775d7b1923b2cebcb4766e0b12a0ad42]: Sch. 6 para. 22 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

[^key-f1b874f181d4ec4a8328d9cde2b2bfdf]: Sch. 6 para. 3 in force at 1.4.2009 by S.S.I. 2009/122, art. 3 (with art. 7)

[^key-91ed4e30a83bb951c616c08d4bd15cc3]: Sch. 6 para. 2 in force at 1.4.2009 by S.S.I. 2009/122, art. 3 (with art. 7)

[^key-0ef0519136472402ab60d38500613788]: Sch. 6 para. 10 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

[^key-b3a5d31f3849f02e0c61cf2f79456433]: Sch. 6 para. 12 in force at 1.4.2009 by S.S.I. 2009/122, art. 3 (with art. 7)

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