Antisocial Behaviour etc. (Scotland) Act 2004

85 Section 84: considerations S

(1) In deciding for the purposes of section 84(3) or (4) whether the relevant person or, as the case may be, the person is a fit and proper person, the local authority shall have regard (among other things) to any material falling within subsections (2) to (4).

(2) Material falls within this subsection if it shows that the relevant person or, as the case may be, the person has—

(a) committed any offence involving—

(i) fraud or other dishonesty;

(ii) violence; or

(iii) drugs;

(b) practised unlawful discrimination F1 . . . in, or in connection with, the carrying on of any business; or

(c) contravened any provision of—

[F2 (zi) any Letting Code issued under section 92A;]

(i) the law relating to housing; or

(ii) landlord and tenant law.

(3) Material falls within this subsection if it relates to any actings of the relevant person or, as the case may be, the person as respects antisocial behaviour affecting a house—

(a) subject to a lease or occupancy arrangement such as is mentioned in section 84(3)(c); and

(b) in relation to which the relevant person was (or is) the landlord under the lease or arrangement or, as the case may be, the person was (or is) acting for the landlord in relation to the lease or arrangement.

[F3 (3A) Material falls within this subsection if it relates to any agreement between the relevant person and any person in terms of which that person acts for the relevant person in relation to a lease or occupancy arrangement such as is mentioned in section 84(3)(c).]

(4) Material falls within this subsection if it appears to the authority that the material is relevant to the question of whether the relevant person or, as the case may be, the person is a fit and proper person.

[F4 (4A) A local authority need not, despite subsection (1), have regard to any material falling within subsection (3A) in deciding for the purposes of section 84(4) whether a person specified in an application by virtue of section 83(1)(c) is a fit and proper person to act for a landlord.]

(5) In subsection (3), “actings” includes failure to act.

Textual Amendments

F1 Words in s. 85(2)(b) repealed (29.1.2006) by Housing (Scotland) Act 2006 (asp 1), ss. 176(5), 195 (with s. 193); S.S.I. 2006/14, art. 2

F2 S. 85(2)(c)(zi) inserted (5.7.2006) by Housing (Scotland) Act 2006 (asp 1), ss. 175(2)(a), 195 (with s. 193); S.S.I. 2006/395, art. 2, Table

F3 S. 85(3A) inserted (5.7.2006) by Housing (Scotland) Act 2006 (asp 1), ss. 175(2)(b), 195 (with s. 193); S.S.I. 2006/395, art. 2, Table

F4 S. 85(4A) inserted (5.7.2006) by Housing (Scotland) Act 2006 (asp 1), ss. 175(2)(c), 195 (with s. 193); S.S.I. 2006/395, art. 2, Table