Acts of the Scottish Parliament

2006 asp 1

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 24th November 2005 and received Royal Assent on 5th January 2006

An Act of the Scottish Parliament to make provision about housing standards; to confer a right to adapt rented houses to meet the needs of disabled occupants; to provide for the giving of assistance by local authorities in connection with work carried out in relation to houses; to require certain information to be made available on the sale of houses; to regulate the multiple occupation of houses and certain other types of living accommodation; to make provision about mobile homes; to make provision about matters to be considered by local authorities when assessing suitability of persons to act as a landlord; and for connected purposes.

(a) that a significant number of the houses in the locality are sub-standard, or

(b) that the appearance or state of repair of any houses in the locality is adversely affecting the amenity of that locality.

(a) set out the reasons for the designation by reference to section 1, and

(b) include-

(i) an HRA action plan, and

(ii) a map delineating the HRA.

(a) identify each house in the HRA which the local authority considers to be sub-standard and, in relation to each, specify whether the local authority considers that the house-

(i) ought to be closed or demolished under Part 6 (houses which fail tolerable standard or constitute obstructive buildings) of the 1987 Act,

(ii) requires to be demolished under section 29 (dangerous buildings) of the Building (Scotland) Act 2003 (asp 8),

(iii) is in a state of serious disrepair and ought to be demolished, or

(iv) ought to have work carried out in or in relation to it for the purposes of bringing it into, and keeping it in, a reasonable state of repair,

(b) identify any house in the HRA which ought to have work carried out in or in relation to it for the purposes of enhancing the amenity of the HRA,

(c) specify-

(i) any standard to which any demolition required by the plan is to be carried out (including any standard to which the site of the demolished house must be cleared),

(ii) the work which the plan requires to be carried out,

(iii) any standard which must be met on completion of that work, and

(iv) any step which the local authority requires to be taken in carrying out that work,

(d) describe the general effect of Part 15 (compensation payments) of the 1987 Act and Part 2 (scheme of assistance) of this Act in so far as they apply in relation to houses identified in the plan, and

(e) specify the period within which the local authority intends to secure the implementation of the plan.

(a) improve the safety or security of any houses or persons,

(b) reduce the long-term costs of maintaining any houses, or

(c) enhance the amenity of any houses.

(a) the owner concerned, and

(b) any other person whom it considers likely to be affected by the proposed variation,

(a) any person whom it considers likely to be affected by the variation, and

(b) such other persons as it thinks fit.

(a) describe the general effect of the variation, and

(b) specify the places where, and the times at which, a copy of the HRA designation order as varied is to be made available under section 7.

(a) satisfied that the HRA action plan has been implemented, or

(b) directed to do so by the Scottish Ministers.

(a) be given generally, or

(b) make different provision for different cases and, in particular, for different areas, different localities, different types of local authority or in respect of any particular local authority or authorities.

(a) informing the owners and occupiers of houses identified in the HRA action plan about the way in which it intends to secure implementation of the plan, and

(b) from time to time, giving those owners and occupiers progress reports about the implementation of the plan.

(a) a person is to be displaced permanently from any living accommodation as a result of the implementation of an HRA action plan, and

(b) that living accommodation was the only or main residence of that person on the day on which notice of the relevant HRA designation order was first given in accordance with schedule 1.

(a) that the person is provided with suitable alternative living accommodation on reasonable terms, and

(b) in so far as practicable, that the living accommodation which is so provided is in, or within a reasonable distance of, the locality of the living accommodation from which the person is to be displaced.

(a) in subsection (5), before paragraph (a) insert-

(b) after that subsection insert-

(a) after paragraph (c) insert-

(b) in paragraph (f), after "closet" insert "or waterless closet",

(c) after paragraph (g) insert-

(a) a Scottish secure tenancy or a short Scottish secure tenancy,

(b) a tenancy of a house retained or purchased by a local authority under section 121 of the 1987 Act for use as housing accommodation,

(c) a tenancy of a house which is-

(i) on land comprised in a lease constituting-

(A) a 1991 Act tenancy (within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11)),

(B) a short limited duration tenancy (within the meaning of that Act), or

(C) a limited duration tenancy (within the meaning of that Act), and

(ii) occupied by the tenant of the relevant lease,

(d) a tenancy of a house on a croft (within the meaning of the Crofters (Scotland) Act 1993 (c.44)), or

(e) a tenancy of a house on a holding situated outwith the crofting counties (within the meaning of that Act of 1993) to which any provision of the Small Landholders (Scotland) Acts 1886 to 1931 applies.

(a) the house is wind and water tight and in all other respects reasonably fit for human habitation,

(b) the structure and exterior of the house (including drains, gutters and external pipes) are in a reasonable state of repair and in proper working order,

(c) the installations in the house for the supply of water, gas and electricity and for sanitation, space heating and heating water are in a reasonable state of repair and in proper working order,

(d) any fixtures, fittings and appliances provided by the landlord under the tenancy are in a reasonable state of repair and in proper working order,

(e) any furnishings provided by the landlord under the tenancy are capable of being used safely for the purpose for which they are designed, and

(f) the house has satisfactory provision for detecting fires and for giving warning in the event of fire or suspected fire.

(a) the age, character and prospective life of the house, and

(b) the locality in which the house is situated.

(a) at the start of the tenancy, and

(b) at all times during the tenancy.

(a) the tenant notifies the landlord, or

(b) the landlord otherwise becomes aware,

(a) any work to be carried out which the tenant is required by the terms of the tenancy to carry out,

(b) any work to be carried out for which the tenant-

(i) is liable by virtue of the tenant's duty to use the house in a proper manner, or

(ii) would be so liable but for any express undertaking on the landlord's part,

(c) the house to be rebuilt or reinstated in the event of destruction or damage by fire or by storm, flood or other inevitable accident, or

(d) the repair or maintenance of anything that the tenant is entitled to remove from the house.

(a) for a period of not less than 3 years, and

(b) not determinable at the option of either party within 3 years of the start of the tenancy.

(a) require the tenant to carry out, or to pay for or contribute towards the cost of, any work which the landlord requires to ensure be carried out for the purposes of complying with the duty imposed by section 14(1),

(b) exclude or limit that duty, or

(c) provide for termination of the tenancy, or impose on the tenant any penalty, disability or obligation, in the event of the tenant enforcing compliance by the landlord of that duty.

(a) the other party under the tenancy consents, and

(b) the sheriff, having regard to the terms of the tenancy and to all the circumstances, considers that it is reasonable to do so.

(a) inspect the house before the tenancy starts for the purpose of identifying any work necessary to comply with the duty imposed by section 14(1)(a), and

(b) notify the tenant of any such work.

(a) to continue to exercise the functions conferred on them by virtue of Part 5 of the Rent (Scotland) Act 1984 (c.58) and Part 2 of the Housing (Scotland) Act 1988 (c.43), and

(b) in addition, to exercise the functions conferred on them by this Act.

(a) a local authority landlord (within the meaning of the Housing (Scotland) Act 2001 (asp 10)),

(b) a registered social landlord (being a body registered in the register maintained under section 57 of that Act),

(c) Scottish Homes, or

(d) Scottish Water.

(a) refer an application under section 22(1) to a private rented housing committee, or

(b) reject the application.

(a) that it is vexatious or frivolous,

(b) where the tenant has previously made an identical or substantially similar application in relation to the same house, that there has not been a reasonable period of time between the applications, or

(c) that the dispute to which the application relates has been resolved.

(a) within 14 days of the panel's receipt of the application concerned, or

(b) where the president considers-

(i) that the decision cannot be made without further information, or

(ii) that there is a reasonable prospect of the dispute being resolved by the parties,

by such later date as the president considers reasonable.

(a) to the tenant, and

(b) where the president is aware of the name and address of a person who acts for the tenant in relation to the application, to that person.

(a) set out the reasons for the rejection, and

(b) explain the procedure for appealing against it.

(a) that the house concerned meets the repairing standard, and

(b) that any damage caused by the carrying out of any work in pursuance of that duty or the order is made good.

(a) the committee must, when determining whether the landlord has failed to comply with the duty imposed by section 14(1)(b), treat sections 14, 15 and 17 as having been modified or excluded in the manner described in the sheriff's order,

(b) a repairing standard enforcement order may not require the carrying out of any work which the duty imposed by section 14(1)(b) does not, because of that modification or exclusion, require to be carried out.

(a) vary the order in such manner as they consider reasonable, or

(b) where they consider that the work required by the order is no longer necessary, revoke it.

(a) so as to extend, or further extend, the period within which the work required by the order must be completed, and

(b) in such other manner as they think fit.

(a) the committee consider, on the submission of the landlord or otherwise, that the work required by a repairing standard enforcement order has not been, or will not be, completed during the period within which the order requires the work to be completed, and

(b) the committee-

(i) consider that satisfactory progress has been made in carrying out the work required, or

(ii) have received a written undertaking from the landlord stating that the work required will be completed by a later date which the committee consider satisfactory.

(a) serve notice of the failure on the local authority, and

(b) decide whether to make a rent relief order.

(a) unless the period within which the order requires the work to be completed has ended, or

(b) if the committee are satisfied, on the submission of the landlord or otherwise-

(i) that the landlord is unable to comply with the order 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) that the work required by the order is likely to endanger any person.

(a) the repairing standard enforcement order to which the rent relief order relates is revoked, or

(b) a certificate is granted under section 60 in relation to the work required by that repairing standard enforcement order.

(a) the landlord is unable to comply with the order 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) the work required by the order is likely to endanger any person.

(a) the period beginning with the day on which this section comes into force and ending with 31 December next following that date, and

(b) each successive calendar year.

(a) implementing an HRA action plan in relation to any house identified in the plan, or

(b) bringing any house which the local authority considers to be sub-standard (whether or not situated in an HRA) into, or keeping it in, a reasonable state of repair.

(a) the reason for the requirement (by reference, if the requirement relates to any house other than the house in which the work is to be carried out, to the condition of that other house),

(b) the work which requires to be carried out,

(c) any standard which that house is to meet on completion of the work, and

(d) the period within which the work must be completed.

(a) suspension, or

(b) lifting of a suspension,

(a) extend the period within which the work requires to be completed by such period as the local authority considers reasonable,

(b) specify particular steps which the local authority requires to be taken in carrying out the work required (in addition to or in place of any such steps specified in the work notice or in any previous notice under subsection (3)(b)).

(a) the house to which it relates is demolished, or

(b) it considers that the work required by the notice is no longer necessary for the purpose for which the notice was served.

(a) the reason for the requirement,

(b) the standard to which the demolition is to be carried out (including any standard to which the site of the demolished house must be cleared), and

(c) the period within which the demolition must be carried out.

(a) work required by a work notice, or

(b) demolition required by a demolition notice,

(a) considers that satisfactory progress has been made in carrying out the work or demolition, or

(b) has received a written undertaking from the owner stating that the work or demolition will be completed by a later date which the authority considers satisfactory.

(a) the work or the demolition required by the notice, and

(b) any other work which, in the course of carrying out work or demolition authorised by paragraph (a), the local authority finds to be required for the purposes of-

(i) implementing an HRA action plan in relation to any house identified in it, or

(ii) bringing any house which the local authority considers to be sub-standard (whether or not situated in an HRA) into, and keeping it in, a reasonable state of repair,

but which it could not reasonably have known to be so required before it served the work notice or demolition notice.

(a) the period within which the work or demolition 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 work notice or demolition 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 or demolition required is likely to endanger any person.

(a) that the situation is urgent, or

(b) that it would otherwise be impractical to carry out work authorised by subsection (1)(a) before carrying out any work authorised by subsection (1)(b).

(a) is unable to comply with the duty imposed by section 14(1)(b), or

(b) has failed, or is unable, to comply with a repairing standard enforcement order,

(a) the work needed to bring the house concerned up to the repairing standard or, as the case may be, the work required by the repairing standard enforcement order, and

(b) any other work which, in the course of carrying out work required by the order, the local authority finds to be required for the purposes of enabling the work required by the order to be carried out.

(a) that the situation is urgent, or

(b) in the case of work falling within subsection (2)(b), that it would otherwise be impractical to carry out any other work in respect of which notice has been given under subsection (3) before carrying out the work in question.

(a) is required or authorised by or under this Chapter to carry out work in, or to demolish, a house, and

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

(a) by reference to the work or demolition which the local authority is required or 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.

(a) the sheriff refuses to grant a warrant under section 38(4) in relation to it, or

(b) the work or demolition concerned is completed.

(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 subsection (3), may not require the occupant to move before the day which is 14 days after service of that notice.

(a) occupies it or them, or

(b) permits such occupation.

(a) for a person to continue to occupy any land or premises which that person occupied on the day on which the requirement under section 37(1) is made, or

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

(a) by agreement, or

(b) with the authorisation of the Scottish Ministers, compulsorily.

(a) that any benefit arising from work carried out in pursuance of a work notice or a repairing standard enforcement order has been reduced or lost because of a lack of maintenance, or

(b) that the house has not been, or is unlikely to be, maintained to a reasonable standard.

(a) specify the maintenance which requires to be carried out over the period during which the plan is to apply,

(b) specify-

(i) any steps to be taken for the purposes of carrying out that maintenance (including any steps to be taken where anything to be maintained under the plan requires to be repaired or replaced), and

(ii) when any such steps are to be taken, and

(c) set out an estimate of the costs likely to be incurred in implementing the plan.

(a) which is owned in common by those owners, or

(b) which those owners are responsible for maintaining by virtue of a real burden or otherwise.

(a) apportion responsibility for maintaining the houses to which the plan relates in such manner as the owners of those houses think fit (or, where the plan is devised by a local authority, in such manner as it thinks fit),

(b) require those owners to appoint a person to manage its implementation,

(c) require those owners to open, and deposit sums into, a maintenance account,

(d) set out the arrangements for operating a maintenance account (including arrangements for authorising withdrawals from it and for winding up and closure).

(a) own, or

(b) have a responsibility to maintain by virtue of a real burden or otherwise.

(a) require the owner of any house to which the plan relates to do anything in relation to any part of the premises concerned which that owner does not own or have a responsibility to maintain by virtue of a real burden or otherwise, or

(b) despite section 44(2) and (3)(a), apportion responsibility for maintaining any part of the premises concerned or liability for the costs of such maintenance in a way which conflicts with-

(i) any real burdens encumbering the houses concerned,

(ii) the development management scheme in so far as it applies to those houses or any decision made under that scheme, or

(iii) the tenement management scheme in so far as it applies to those houses or any decision made under that scheme.

(a) approve a maintenance plan submitted to it, with or without modifications,

(b) reject a maintenance plan and-

(i) make another maintenance order requiring the preparation of another maintenance plan, or

(ii) substitute a maintenance plan of its own devising in its place, or

(c) where a maintenance plan is not submitted by the date specified in a maintenance order, devise a maintenance plan for the house concerned.

(a) that the plan complies with section 43 and, if relevant, sections 44(2) and 45(2), and

(b) that implementation of the plan will secure the maintenance of the house concerned to a reasonable standard,

(a) if satisfied at any time that there has been a change in circumstances which justifies such a variation, or

(b) before doing anything under section 49 in relation to the plan.

(a) that implementation of the plan is no longer practicable, and

(b) that the plan cannot be varied so as to make implementation practicable.

(a) into a maintenance account otherwise than in accordance with section 50, or

(b) to the owner of the house to which the maintenance plan relates otherwise than by grant paid under section 51.

(a) secure the carrying out of any maintenance required by the maintenance plan, or

(b) do anything else required by the plan,

(a) into a maintenance account otherwise than in accordance with section 50, or

(b) to any owner of a house to which the maintenance plan relates other than by way of a grant paid under section 51.

(a) the owners of two or more houses which form part of the same premises are responsible by virtue of a real burden or otherwise for maintaining any part of those premises and-

(i) those owners are required to carry out any such maintenance (whether in implementation of a maintenance plan or otherwise), or

(ii) a majority of those owners agree to carry out any such maintenance,

(b) notice has been served on each owner responsible for that maintenance requiring the owner to deposit a sum into a maintenance account representing the apportioned share of the estimated costs for which that owner will be liable,

(c) an owner on whom such a notice is served has not complied with such a requirement, and

(d) the local authority is satisfied as to the matters set out in subsection (2).

(a) that the maintenance proposed is, having regard to the state of repair of the premises, reasonable,

(b) that the share of estimated costs apportioned to the owner who has not complied with the requirement does not conflict with any provision about liability for or apportionment of costs contained in-

(i) any real burdens encumbering the houses concerned,

(ii) the development management scheme in so far as it applies to those houses or any decision made under that scheme, or

(iii) the tenement management scheme in so far as it applies to those houses or any decision made under that scheme, and

(c) that-

(i) the owner who has not complied with the requirement is unable to do so,

(ii) it is unreasonable to require that owner to deposit the sum in question, or

(iii) that owner cannot, by reasonable inquiry, be identified or found.

(a) the maintenance which is to be carried out,

(b) the timetable for carrying out the maintenance, including proposed commencement and completion dates,

(c) the date of any requirement or agreement to carry out the maintenance; and, in the case of an agreement, the names of those by whom it was agreed,

(d) the estimated cost of the maintenance,

(e) why the estimate is considered reasonable,

(f) the apportioned share of the estimated costs attributable to each of the owners,

(g) how that apportionment is arrived at,

(h) the location and number of the maintenance account, and

(i) the date by which the owners are required to deposit the sum representing their respective apportioned shares in the maintenance account.

(a) which the tenant considers necessary for the purpose of making the house suitable for the accommodation, welfare or employment of any disabled person who occupies, or intends to occupy, the house as a sole or main residence, or

(b) in respect of which a grant is payable in accordance with regulations made under section 15(1)(a) (grants for improving energy efficiency of houses) of the Social Security Act 1990 (c.27).

(a) consent,

(b) consent subject to such reasonable conditions as the landlord may impose, or

(c) refuse consent, provided that it is not refused unreasonably.

(a) where the landlord gives consent subject to conditions, set out those conditions and the reasons for imposing them,

(b) where the landlord refuses consent, set out the reason for refusal, and

(c) in either of those cases, explain the procedure for appealing the decision to impose conditions or, as the case may be, refuse consent.

(a) the landlord is to be treated as having decided to refuse consent, and

(b) notice of such refusal is to be treated as having been served on the applicant on the last day of the period mentioned in that subsection.

(a) the disabled person's disability,

(b) whether the work proposed is necessary for the purpose set out in section 52(2)(a),

(c) the safety of the occupiers of the house or of any other premises,

(d) any costs which the landlord is likely to incur, directly or indirectly, as a result of the proposed work,

(e) whether the proposed work is likely-

(i) to reduce the value of the house or of any other part of any premises of which the house forms part, or

(ii) to make the house or any other part of such premises less suitable for letting or for sale,

(f) whether, if the proposed work was to be carried out, the house could be reinstated to the condition it was in before it was carried out,

(g) any code of practice issued by the Disability Rights Commission which relates to this section or section 52.

(a) specify the standard to which the work consented to must be carried out,

(b) require the tenant to reinstate the house at the end of the tenancy to the condition it was in before that work was carried out.

(a) the age and condition of the house, and

(b) the likely cost of complying with the condition.

(a) the word "and" which follows paragraph (c) is repealed,

(b) at the end of paragraph (d) insert"and

(a) a person moves from any house for the purposes of enabling any person to carry out any work required or authorised by or under this Part (whether in pursuance of a requirement under section 37(1) or a warrant under section 38(4) or otherwise), and

(b) that person resides in the house under a tenancy or an occupancy arrangement,

(a) complying with any requirement imposed by or under this Part, or

(b) doing anything which that other person is by or under this Part authorised or entitled to do.

(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

(c) one to which section 66 of the 1997 Act (control of demolition in conservation areas) applies.

(a) the Scottish Ministers,

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

(c) such other persons as the local authority thinks fit.

(a) expenses it incurs in carrying out any work authorised by section 35,

(b) expenses it incurs in pursuance of section 49(1), or

(c) payments made under section 50(3),

(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.

(a) a work notice, or

(b) a repairing standard enforcement order,

(a) where it is made in consequence of a work notice, to the local authority, or

(b) where it is made in consequence of a repairing standard enforcement order, to the private rented housing committee which made the order.

(a) inspect any house in respect of which they have made a repairing standard enforcement order, and

(b) if they are satisfied that the work required by the order has been completed, certify that the work has been completed,

(a) repairing standard enforcement order,

(b) notice of a decision to vary or revoke a repairing standard enforcement order,

(c) certificate granted by a private rented housing committee under section 60,

(d) maintenance order,

(e) maintenance plan approved, devised or varied under this Part, and

(f) notice of revocation of a maintenance plan,

(a) work notices,

(b) notices under section 31(3), 32(2) or 34(3),

(c) demolition notices,

(d) notices under section 35(3),

(e) maintenance orders,

(f) notices of decisions under section 46(1), and

(g) notices of variation or revocation of maintenance plans.

(a) the owner and occupier of the house concerned,

(b) any creditor holding a standard security over that house,

(c) any person who, directly or indirectly, receives rent in respect of that house, and

(d) any other person appearing to the local authority to have an interest in that house,

(a) make or vary a repairing standard enforcement order,

(b) serve a work notice or a demolition notice,

(c) make a maintenance order, or

(d) approve, devise, vary or revoke a maintenance plan,

(a) the effect of the decision and of the order, notice, plan, variation or revocation made in consequence of it is suspended until the appeal is abandoned or finally determined, and

(b) where the appeal is abandoned or finally determined by confirming the decision, the decision and the order, notice, plan, variation or revocation made in consequence of it are to be treated as having effect from the day on which the appeal is abandoned or so determined.

(a) rent relief order, or

(b) revocation of such an order,

(a) the last date on which the decision to make or, as the case may be, revoke the rent relief order may be appealed under section 64, or

(b) where such an appeal is made, the date on which the appeal is abandoned or finally determined (by confirming the decision).

(a) the last date on which the decision to make it may be appealed, or

(b) where such an appeal is made, the date on which the appeal is abandoned or finally determined (by confirming the decision).

(a) where the sheriff's determination on the appeal is final, to the date on which the sheriff determines the appeal,

(b) where the sheriff's determination may be appealed to the sheriff principal-

(i) to the last date on which such an appeal may be made, or

(ii) where such an appeal is made, to the date on which the appeal is abandoned or determined by the sheriff principal.

(a) to serve a work notice,

(b) to serve a demolition notice,

(c) to carry out work in pursuance of-

(i) section 35(1)(b), or

(ii) section 36(1)(b),

other than, in either case, work for which no notice is required,

(d) to demand recovery of any expenses incurred in carrying out work authorised by-

(i) section 35, or

(ii) section 36,

(e) to serve a maintenance order,

(f) to approve or devise a maintenance plan or to vary or revoke such a plan, or

(g) to refuse to grant a certificate under section 60 in relation to any work required by a work notice,

(a) in the case of an appeal under paragraph (a), (b), (d) or (e) of subsection (1), the date on which the work notice, demolition notice, demand for recovery of expenses or, as the case may be, maintenance order is served on the appellant,

(b) in the case of an appeal under paragraph (c) or (g) of subsection (1), the date on which notice of proposed work or, as the case may be, of the decision to refuse to grant the certificate is served on the appellant, or

(c) in the case of an appeal under paragraph (f) of subsection (1), the date on which notice of the approval, devising, variation or revocation is served on the appellant.

(a) under section 24(1) (decision on a tenant's application),

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

(c) that a landlord has failed to comply with a repairing standard enforcement order (see section 26(1)),

(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)), or

(f) to grant, or to refuse to grant, a certificate under section 60 in relation to any work required by a repairing standard enforcement order,

(a) to impose any condition on a consent to carry out work in pursuance of section 52(2), or

(b) to refuse to consent to the carrying out of any such work,

(a) confirm the decision (and any work notice, demolition notice, demand for recovery of expenses or maintenance order served, or maintenance plan approved, devised or varied, in consequence of it),

(b) quash the decision (and any such notice, demand, order or plan), or

(c) make such other order as the sheriff thinks just.

(a) confirming the decision (and any order or variation made, or certificate granted, in consequence of it),

(b) remitting the decision (together with the sheriff's reasons for doing so) to the president or, as the case may be, the committee for reconsideration, or

(c) quashing the decision (and any order or variation made, or certificate granted, in consequence of it).

(a) disapply section 64(6), and

(b) provide that appeals against landlord's decisions of the type mentioned in that provision may be made to the private rented housing panel instead of to the sheriff.

(a) permit the president of the private rented housing panel to refer an appeal against such a decision to a private rented housing committee for determination,

(b) require the panel or, as the case may be, the committee determining such an appeal to have regard to-

(i) where the appeal relates to an application made for the purposes of section 52(2)(a), any code of practice issued by the Disability Rights Commission which relates to section 52 or 53, and

(ii) such other matters as may be specified in the regulations,

(c) provide that the determination of the panel or, as the case may be, the committee on such an appeal may be appealed to the sheriff,

(d) make provision about the payment of allowances and expenses in respect of such an appeal,

(e) make such further provision about the procedure relating to such an appeal or to an appeal to the sheriff of the type mentioned in paragraph (c) as the Scottish Ministers think fit.

(a) does not meet the tolerable standard,

(b) is in a state of serious disrepair, or

(c) is in need of repair and, if nothing is done to repair it, is likely to-

(i) deteriorate rapidly into a state of serious disrepair, or

(ii) damage any other premises.

(a) age,

(b) character,

(c) location, and

(d) internal decorative repair,

(a) implementing an HRA action plan in relation to any house identified in the plan which forms part of the same building,

(b) bringing any house which the local authority considers to be sub-standard (whether or not situated in an HRA) which forms part of the same building into, and keeping it in, a reasonable state of repair, or

(c) securing the maintenance of any house which forms part of the same building.

"development management scheme" has the same meaning as in the Title Conditions (Scotland) Act 2003 (asp 9),

"sanitary defects" includes lack of air space or of ventilation, lack of lighting, dampness, absence of adequate and readily accessible water supply or of sanitary arrangements or of other conveniences, and inadequate paving or drainage of courts, yards or passages,

"Scottish secure tenancy" and "short Scottish secure tenancy" have the same meanings as in the Housing (Scotland) Act 2001 (asp 10),

"sub-standard", in relation to a house, has the meaning given in section 68,

"tenement management scheme" has the same meaning as in the Tenements (Scotland) Act 2004 (asp 11).

(a) the acquisition or sale (or the proposed acquisition or sale) of a house, or

(b) work on any land or in any premises for any of the purposes mentioned in subsection (2).

(a) provision of one or more houses by the conversion of a house or other premises,

(b) construction of a house,

(c) improvement, repair or maintenance of a house,

(d) bringing any house into, or keeping any house in, a reasonable state of repair,

(e) adaptation of a house for a disabled person to make it suitable for the accommodation, welfare or employment of that person,

(f) reinstatement of any house adapted for the purpose set out in paragraph (e),

(g) provision, in relation to a house, of means of escape from fire and other fire precautions.

(a) the provision of advice, training or other services and facilities,

(b) the provision of information relating to housing,

(c) making available the services of staff of the local authority,

(d) guaranteeing or joining in guaranteeing the payment of the principal of, and interest on, money borrowed by the person (including money borrowed by the issue of loan capital) or of interest on share capital issued by the person,

(e) payments in respect of any expenses incurred in connection with the opening of a maintenance account,

(f) acquiring, holding, managing and disposing of land or premises,

(g) grants,

(h) standard loans,

(i) subsidised loans.

(a) the procedure to be followed by local authorities in-

(i) considering whether to provide such assistance,

(ii) providing or arranging for the provision of such assistance,

(b) the terms which may be imposed under subsection (4) on providing any such assistance (including provision restricting or requiring the imposition of a term).

(a) is a disabled person's residence at the time when assistance is first provided, or

(b) is likely in the opinion of the local authority to become a disabled person's residence within a reasonable period after that time.

(a) the criteria by reference to which it determines whether to provide assistance under section 71(1) in particular types of case and the form of the assistance,

(b) the circumstances in which the approved expense relating to assistance provided by way of a grant or loan may be limited in a manner specified in the statement (see section 76(5) and (6)),

(c) the rate of interest or the rate or amount of other charges payable on a standard loan or on the repayment element of a subsidised loan.

(a) under section 71(1)(b) to the owner of a house (or any non-residential premises forming part of the same building as a house) in respect of work in the house (or those premises) which the owner is required by a work notice to carry out, and

(b) in connection with work in a house for either of the purposes set out in paragraphs (e) and (f) of section 71(2), where the house is (or is likely to become or, in the case of a reinstatement, was) a disabled person's only or main residence.

(a) the house lacks one or more of the standard amenities and, in the opinion of the authority, the amenity or amenities to be provided will meet the needs of a disabled person, or

(b) the house already has the standard amenity in question but, in the opinion of the authority, the amenity to be provided is essential to the needs of a disabled person.

(a) no application is made,

(b) the application is not made in accordance with section 74, or

(c) any of the conditions mentioned in section 75(4) (so far as applicable) is not satisfied.

(a) the work in question, including plans and specifications of the work,

(b) the land on or premises in which the work is to be, or is being, carried out,

(c) the expenses (including any professional fees) estimated to be incurred in carrying out the work, and

(d) such other matters, including information on the matters mentioned in section 77, as may be required by regulations under section 188.

(a) the approved expense in accordance with section 76, and

(b) where the application is for a grant or subsidised loan, the applicant's contribution under section 77.

(a) that the owners of any land on or premises in which the work is to be, or is being, carried out (other than land or premises proposed to be sold or leased under section 12(4) of the 1987 Act) have consented in writing to the application and to being bound by the conditions mentioned in section 83 (in so far as those conditions apply),

(b) where that work has begun, that there were good reasons for beginning it before the application was approved,

(c) that the house or houses to which the application relates will provide suitable living accommodation for such period, and conform with such requirements with respect to construction and physical condition and the provision of services and amenities, as the authority considers reasonable,

(d) that, if the house or houses to which the application relates form part of any premises containing more than one house, the work to be carried out will not prevent the improvement of any other house in the premises, and

(e) that, in the case of an application for a standard loan, the applicant is unable to obtain a sufficient loan on fair terms from a commercial lender.

"commercial lender" means a person who-

(a) has permission under Part 4 of or is otherwise authorised under the Financial Services and Markets Act 2000 (c.8) to pay money under a contract on terms under which it will be repaid or otherwise to provide credit,

(b) is an exempt person within the meaning of that Act in relation to the activity mentioned in paragraph (a), or

(c) holds a licence under Part 3 of the Consumer Credit Act 1974 (c.39) to carry on a consumer credit business or consumer hire business or who, by virtue of section 21 of that Act, does not require such a licence, and

"fair terms" means terms which, in the opinion of the local authority, are reasonable and affordable having regard to the circumstances of the applicant and the interest rates prevailing at the time the loan was applied for.

(a) section 22 of the Financial Services and Markets Act 2000,

(b) any relevant order under that section, and

(c) Schedule 2 to that Act.

(a) the expense of carrying out the work, or

(b) the proportion of that expense (as specified in the application),

(a) the expense of carrying out the work will exceed the expense estimated in the application, and

(b) the increase is due to circumstances beyond the control of the applicant,

(a) the Scottish Ministers consent to the limitation, or

(b) the approved expense would otherwise exceed the amount specified in an order under subsection (4).

(a) the income and other financial circumstances of any of the following-

(i) the applicant,

(ii) the applicant's spouse or civil partner,

(iii) any person on whom the applicant is dependent or who is dependent on the applicant,

(iv) any person who resides or intends to reside with the applicant,

(b) such other criteria as the Scottish Ministers think fit.

(a) for a local authority, with the consent of the Scottish Ministers, to reduce the applicant's contribution by an amount determined by the authority in such cases as may be specified in the regulations,

(b) for the delegation of functions conferred by this section.

(a) the approved expense less the applicant's contribution (if any), or

(b) where subsection (6) applies, the amount determined by virtue of that subsection.

(a) an interest free element, and

(b) a repayment element.

(a) the approved expense less the applicant's contribution (if any), or

(b) where subsection (6) applies, the amount determined by virtue of that subsection.

(a) terms as to interest, other charges and repayment,

(b) a requirement that the loan, and any such interest and charges, be secured by a standard security over the land on or premises in which the work to which the loan relates is carried out.

(a) no interest or other charge is to be payable in respect of the interest free element of a subsidised loan,

(b) the local authority may not demand repayment of that element of such a loan (or any part of it) unless the applicant to whom the loan is paid disposes of an interest in the land or premises, and

(c) the repayment element of such a loan is to be repaid in instalments of such amounts and at such times as the authority may determine.

(a) the person disposes of the land or premises (or any part of it or them) by way of sale, exchange or gift, or by way of the creation of any right or privilege over that interest or by any other way except by way of lease, the grant of a standard security or other charge or the creation of a servitude, or

(b) where the person holds an interest as tenant, the person ceases to be entitled to occupy the land or premises as tenant.

(a) the approved expense,

(b) the applicant's contribution (where it has been assessed under section 77),

(c) the amount of the grant or loan (and, where the grant or loan is a minimum percentage grant or loan, a statement of that fact), and

(d) the terms (including, in the case of a loan, terms as to interest and repayment) on which the grant or loan is offered.

(a) refuses an application, or

(b) approves an application but fixes as the approved expense in respect of any land or premises an amount less than the amount of the expense estimated in the application or, as the case may be, the proportion of that expense specified in the application in respect of that land or those premises (unless the approved expense is the maximum amount which may be fixed by virtue of an order made under section 76(4)),

(a) within one month of the date on which, in the authority's opinion, the house to which the grant or loan relates becomes fit for occupation on completion of the work to which the grant or loan relates, or

(b) by instalments during the carrying out of the work and a final instalment within one month of that date.

(a) that the work has been carried out to the satisfaction of the authority, and

(b) in the case of a loan to be secured by a standard security, that the security has been registered in the appropriate land register.

G
	× W
A

where-

G is the amount of the grant,

A is the approved expense, and

W is the amount of the approved expense referable to the work carried out up to that time.

(a) an instalment of a grant or loan is paid before completion of the work, and

(b) the work is not completed within 12 months of the date of payment.

(a) beginning with the date on which the work is completed (which cannot be before the house to which the grant or loan relates becomes, in the authority's opinion, fit for occupation), and

(b) ending-

(i) in the case of a grant, 10 years after that date,

(ii) in the case of a subsidised loan, 10 years after that date or on the date on which the repayment element of the loan and any interest or other charge on it is repaid in full, whichever is the later,

(iii) in the case of a standard loan, on the date on which the loan and any interest or other charge on it is repaid in full.

(a) the conditions mentioned in section 83 which apply with respect to the land or premises,

(b) the period for which they are to be complied with, and

(c) the provisions of section 86 under which, if the conditions are breached, the owner becomes liable to repay the amount repayable by virtue of that section.

(a) section 20(2) or 23(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35), or

(b) a warrant granted under section 24(1) of that Act.

(a) if a notice was registered under subsection (1) of section 84, register a further notice in the appropriate land register,

(b) if a written record was kept under subsection (3) of that section, amend that record,

(a) considers that the breach cannot be remedied, but

(b) is satisfied that it was not due to the act, default or connivance of the owner for the time being of the land or premises,

(a) the whole amount of the grant in relation to the work in question, and

(b) interest on the grant accruing from the date of its payment or, where it was paid by instalments, from the date of payment of the final instalment to the date on which the amount mentioned in paragraph (a) is paid.

(a) the whole amount of the loan in relation to the work in question, and

(b) any interest or other charge on the loan which has accrued to the date on which the amount mentioned in paragraph (a) is paid and which remains outstanding on that date.

(a) the whole amount of-

(i) the repayment element, and

(ii) the interest free element,

of the loan in relation to the work in question,

(b) any interest or other charge on the repayment element which has accrued to the date on which the amount mentioned in paragraph (a)(i) is paid and which remains outstanding on that date, and

(c) any interest or other charge on the interest free element, for which the applicant would have been liable had that element been treated as forming part of the repayment element and which would have accrued to the date on which the amount mentioned in paragraph (a)(ii) is paid.

(a) a local authority must not approve a further grant or, as the case may be, subsidised loan in respect of the same work, but

(b) where an application for a grant has been approved, a local authority may approve an application for a standard loan in respect of the same work for an amount not exceeding the amount of the approved expense less the amount of the grant.

(a) that the need for the work to which the further application relates was not reasonably foreseeable when the original application was approved,

(b) that it would not have been reasonably practicable to carry out that work at the same time as the work to which the original application related,

(c) that the work to which the further application relates was not considered by the authority to be eligible for a grant or subsidised loan when the original application was approved,

(d) the application is made in response to an invitation made by the authority to the applicant under section 90(1).

(a) knowingly or recklessly makes a statement-

(i) in an application for a grant or loan, or

(ii) in response to a requirement made under section 74(4),

which is false in a material particular, or

(b) fails, without reasonable excuse, to notify the local authority, as soon as reasonably practicable, of any change of circumstances which-

(i) occurs prior to notification of the authority's decision on an application for a grant or loan being given to that person, and

(ii) that person could reasonably be expected to regard as material to the application,

(a) an application for a grant or loan has been made in respect of work in any premises, and

(b) the local authority considers that those premises will, on completion of that work-

(i) where the premises are a house, meet the tolerable standard, and

(ii) in any case, be in a reasonable state of repair (disregarding the state of internal decorative repair) having regard to the age, character and locality of the premises,

(a) in the case of a house-

(i) replacement of unsafe electrical wiring,

(ii) installation of mains-powered smoke detectors,

(iii) provision of adequate thermal insulation, and

(b) in the case of any premises any part of which is owned in common, installation of-

(i) a fire-resistant door at the entry to each place forming part of those premises which is, or which is capable of being, occupied separately,

(ii) a main door entry-phone system.

(a) the acquisition or sale (or the proposed acquisition or sale) of a house, or

(b) work on any land or any premises for any of the purposes mentioned in section 71(2).

(a) carries on a business providing such assistance, and

(b) does not carry on that business for profit.

(a) terms as to repayment,

(b) terms restricting the terms on which the designated lender lends sums to individuals.

(a) amend the definition of "designated lender" in subsection (2),

(b) make provision as to the terms which may be imposed under subsection (3) (including provision restricting or requiring the imposition of a term).

(a) has, for the period of 2 years preceding the tenant's application, been the tenant's responsibility under the tenancy,

(b) is for either of the purposes set out in paragraphs (e) and (f) of section 71(2), or

(c) is required as a matter of urgency for the health, safety or security of the occupants of a house, including, in particular, work to-

(i) repair a house,

(ii) provide means of escape from fire or other fire precautions.

(a) compensation becomes payable as for an improvement under the Crofters (Scotland) Act 1993 (c.44) or the Small Landholders (Scotland) Acts 1886 to 1931 in respect of a house, or for work carried out in relation to a house, provided on a farm, croft or holding, and

(b) under section 83, conditions must at that time be observed with respect to the house otherwise than by its landlord.

(a) where a grant was made in relation to the house, so much of the value of the house or work as is attributable to the grant, or

(b) where a subsidised loan was made in relation to the house, so much of the value of the house or work as is attributable to the interest free element of that loan.

(a) may or may not exercise their powers, or

(b) are or are not to perform their duties,

(a) given to a particular authority or to authorities generally,

(b) varied or revoked.

(a) such bodies representing local authorities, and

(b) such other persons,

(a) carry out any work on any land or in any premises owned by it,

(b) assist (whether by grants or loans or otherwise) in the carrying out of work on any land or in any premises not owned by it,

(c) with the agreement of the owner of any land or premises carry out or arrange for the carrying out of work on that land or in those premises at the expense of the owner, of the authority or of both,

(d) acquire any land or premises-

(i) by agreement, or

(ii) with the authorisation of the Scottish Ministers, compulsorily.

(a) any house, or

(b) any part of any premises which is a building which is, or which is capable of being, occupied.

"applicant's contribution" means an amount assessed under section 77,

"approved expense" has the meaning given in section 76,

"interest free element" means an amount determined under section 79(4),

"minimum percentage grant" and "minimum percentage loan" have the meanings given in section 79(7),

"repayment element" means an amount determined under section 79(5),

"standard loan" means a loan made under this Part which is not a subsidised loan,

"subsidised loan" means a loan made under this Part which is divided into two elements in accordance with section 79(3).

(a) references to grants or loans (excluding the reference in section 95(1)(b)) are to grants or loans provided under section 71(1), and

(b) references to the applicant for a grant or loan are to be read, in relation to any time after an applicant dies, as references to the applicant's executor.

(a) is unlikely to have sufficient means to buy the house in question,

(b) is not genuinely interested in buying the house, or

(c) is not a person to whom the seller is likely to be prepared to sell the house.

(a) are proposed by the seller or in pursuance of the seller's instructions, and

(b) relate to the use or disclosure of the copy (or any information contained in or derived from it).

(a) where one condition only is involved, the day on which the potential buyer complies with it by making the payment demanded or, as the case may be, accepting the terms proposed (or such other terms as may be agreed between the seller and the potential buyer in substitution for those proposed), or

(b) where both conditions are involved, the day on which the potential buyer complies with them or, where each condition is complied with on a different day, the later of those days.

(a) the house is not on the market, or

(b) the house is on the market but the person so acting is not responsible for marketing the house.

(a) communicates to any person the fact that the house is or may become available for sale, but

(b) does not put the house on the market.

(a) effecting the introduction to the seller of a person wishing to buy the house, or

(b) selling the house by auction.

(a) provides a potential buyer with, or

(b) allows a potential buyer to inspect,

(a) prescribe documents for the purposes of section 98, 99(1) or 101(2), and

(b) make such further provision about those documents as they think fit.

(a) the physical condition of a house (including any characteristics or features of the house),

(b) the value of a house, or

(c) any other matter connected with a house, or the sale of a house, that would be of interest to potential buyers.

(a) about the form of, and the information to be included in, or excluded from, a prescribed document,

(b) requiring that a prescribed document be prepared by a person of a description specified in the regulations,

(c) requiring that the date to which information in a prescribed document relates is no earlier than the beginning of such period as the regulations may specify before the date on which the house was put on the market,

(d) requiring that a prescribed document is to be valid for such period of time, or is to be invalidated in such circumstances, as the regulations may specify.

(a) for a register of prescribed documents to be kept by the Scottish Ministers or such other person as the regulations may specify (or for the keeping of 2 or more such registers),

(b) authorising the Scottish Ministers to make payments or to give other assistance in connection with the creation, administration or operation of such a register,

(c) requiring persons of such type as may be so specified to register prescribed documents in such circumstances as may be so specified,

(d) about the circumstances and manner in which, and the purposes for which, information contained in such a register may be inspected, copied or otherwise obtained,

(e) setting the amount, or the maximum amount, of any fee which may be charged in connection with registering documents or with inspecting or obtaining information contained in such a register,

(f) for enforcement by enforcement authorities of any requirement to register prescribed documents.

(a) exempt persons of such description as the regulations may specify from any of the duties in section 98, 99(1) or 101(2),

(b) specify periods of time during which or circumstances under which-

(i) a person need not possess any prescribed document under section 98 or section 101(2), or

(ii) a person need not comply with a request under section 99(1),

(c) set out such other exceptions to the duties mentioned in paragraph (a) as may be so specified.

(a) is not responsible because of subsection (2), and

(b) reasonably believes that the person acting as agent for the seller possesses the prescribed documents,

(a) the house is sold or taken off the market, or

(b) each of the conditions in subsection (3) is satisfied.

(a) the contract between the person acting as agent and the seller is terminated (whether by withdrawal of marketing instructions or otherwise),

(b) the person acting as agent has ceased to take any action which makes public the fact that the house is on the market, and

(c) any such action being taken on behalf of the person acting as agent has ceased.

(a) the house is sold or taken off the market, or

(b) the conditions in subsection (3) are satisfied.

(a) the seller has ceased to take any action which makes public the fact that the house is on the market, and

(b) any such action being taken on behalf of the seller has ceased.

(a) to require the production in a legible documentary form of any document which is held in electronic form, and

(b) to take copies of any document produced for inspection.

(a) the form of penalty charge notices or any other notice mentioned in that schedule,

(b) circumstances in which penalty charge notices may not be given,

(c) the methods by which penalty charge notices or any other notice must be given,

(d) the method or methods by which penalty charges may be paid.

(a) the word "and" immediately preceding paragraph (e) is repealed, and

(b) after that paragraph, insert- "; and

(a) conditions as to the purposes for which the grant or any part of it may be used,

(b) conditions requiring the repayment of the grant or any part of it in such circumstances as may be specified in the conditions.

(a) two or more houses in a sub-divided building are marketed for sale as a single property, and

(b) any one or more of those houses-

(i) is not available for sale separately from the others, but

(ii) is available with vacant possession.

(a) the Office of Fair Trading,

(b) any other person or body having an interest,

(a) any penalty charge notice given by an officer of the authority under section 111,

(b) any notice given by the authority confirming or withdrawing a penalty charge notice, and

(c) the result of any appeal from the confirmation of a penalty charge notice.

(a) to view the document in a form that is legible, and

(b) to produce copies of it in a legible documentary form.

"long lease" means a probative lease-

(a) granted for a period exceeding 20 years, or

(b) which contains an obligation on the landlord to renew the lease from time to time at fixed periods, upon the termination of a life or lives, or otherwise so that the total duration could (in terms of the lease, as renewed, and without any subsequent agreement, express or implied, between the persons holding the interests of the landlord and the tenant) endure for a period exceeding 20 years,

"potential buyer" means a person who claims to be interested, or that the person may become interested, in buying a house,

"sale", in relation to a house, means a disposal, or agreement to dispose, by way of sale of-

(a) the ownership of the house,

(b) the interest of the tenant under a long lease of a house,

and "seller" means a person contemplating such a disposal (and related expressions are to be construed accordingly).

(a) the performance of any of the occupant's obligations arising under or in connection with a tenancy or an occupancy arrangement, or

(b) the discharge of any of the occupant's liabilities which so arise.

(a) set out conditions which a tenancy deposit scheme must meet before they can approve it under section 122,

(b) make such further provision about tenancy deposit schemes as they think fit.

(a) make provision about the manner and circumstances in which tenancy deposits must be paid, held and repaid under an approved scheme,

(b) impose sanctions for failing to participate in, or to comply with, an approved scheme,

(c) set out a mechanism for resolving disputes relating to an approved scheme,

(d) prescribe the type of person who may administer an approved scheme,

(e) authorise the Scottish Ministers to make payments, or to give guarantees or other assistance, in connection with-

(i) the creation, administration or operation of an approved scheme,

(ii) the resolution of disputes relating to an approved scheme,

(f) set the amount, or the maximum amount, of any fee which may be charged in connection with an approved scheme,

(g) prescribe arrangements for publicising approved schemes.

(a) prescribe circumstances in which tenancy deposits must be paid under a tenancy or an occupancy arrangement,

(b) create offences.

(a) may not be given unless tenancy deposit regulations are in force, and

(b) must be given in accordance with the tenancy deposit regulations then in force.

(a) publicise the terms of the proposed scheme in such manner as they think fit, and

(b) consult-

(i) such persons representing landlords or tenants whom they think may be affected by the proposed scheme, and

(ii) such other persons as they think fit,

about the proposed scheme.

(a) take steps to secure the revision of the reviewed scheme, or

(b) withdraw their approval of the reviewed scheme.

(a) different tenancy deposit schemes for different types of tenancy or occupancy arrangement,

(b) more than one tenancy deposit scheme for the same type of tenancy or occupancy arrangement.

(a) it is a house, or

(b) it is, or forms part of, any premises or group of premises owned by the same person and its occupants share one or more of the basic amenities with each other.

(a) a toilet,

(b) personal washing facilities, and

(c) facilities for the preparation or provision of cooked food.

(a) a person is to be treated as occupying living accommodation only if it is that person's only or main residence,

(b) living accommodation occupied during term time by a person undertaking a full-time course of further or higher education is, at all times during that person's residence, to be treated as being that person's only or main residence,

(c) a patient in a health service hospital (within the meaning of section 108(1) of the National Health Service (Scotland) Act 1978 (c.29)) is not to be treated as occupying the hospital,

(d) a person is not to be treated as sharing a basic amenity if the living accommodation concerned has more than one of any such amenity and the person has exclusive use of at least one of them.

(a) occupied only by the owners of the HMO either alone or together with-

(i) any persons in the same family as any of those owners, and

(ii) any number of other persons who are unrelated to any of those owners but who are members of the same family or of one or other of two families,

(b) provided as part of-

(i) a care home service,

(ii) an independent health care service,

(iii) a school care accommodation service, or

(iv) a secure accommodation service,

registered under Part 1 of the Regulation of Care (Scotland) Act 2001 (asp 8),

(c) owned by the Crown and occupied only by members of the armed forces of the Crown (either alone or together with any persons in the same family as any of those members),

(d) a prison, a young offenders institution or a remand centre,

(e) occupied only by-

(i) persons who are members of, and fully maintained by, a religious order the main occupation of which is prayer, contemplation, education or the relief of suffering, or

(ii) a group consisting of such persons and no more than two other persons,

(f) subject to a management control order made under section 74 (order transferring landlord's rights and obligations to local authority) of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), or

(g) owned by a co-operative housing association (within the meaning of section 300(1)(b) of the 1987 Act) the management of which is undertaken by general meeting.

(a) adding or removing the description of any type of HMO to or from those descriptions for the time being listed in that subsection, or

(b) varying any such description which is for the time being so listed.

(a) the authority's area, or

(b) any part of that area as may be specified in the order,

(a) in a newspaper circulating in the authority's area, and

(b) to every person entered in the register maintained by the authority under section 82(1) of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8) (the "register of landlords").

(a) acts for the person to whom the notice is given, and

(b) is specified in the authority's register of landlords as being a person who so acts,

(a) an order made by the Scottish Ministers under subsection (1) is revoked, or

(b) any description of a type of HMO set out in such an order is amended,

(a) they are a couple,

(b) one of them is a relative of the other, or

(c) one of them is a relative of one member of a couple and the other is a relative of the other member of that couple.