Housing (Scotland) Act 2006

Notice of application S

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

(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),

(c) states the date of the notice,

(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 [F1 enforcing authority]F1 authority and the chief constable, and

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

Textual Amendments

F1 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)

Commencement Information

I1 Sch. 4 para. 2 in force at 31.8.2011 by S.S.I. 2010/159, art. 3