- Latest available (Revised)
- Point in Time (01/04/2012)
- Original (As enacted)
Version Superseded: 01/12/2015
Point in time view as at 01/04/2012. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Housing (Scotland) Act 2006, Section 64.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)Any person aggrieved by a decision by a local authority—
(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,
may appeal to the sheriff within 21 days of the date specified in subsection (2).
(2)That date is—
(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.
(3)An appeal under subsection (1) may be made only by a person on whom the relevant work notice, notice of proposed work, demand for recovery of expenses, maintenance order or, as the case may be, notice of the approval, devising, variation or revocation of a maintenance plan is served under this Act.
(4)A landlord or a tenant aggrieved by a decision by a private rented housing committee—
(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,
may appeal to the sheriff within 21 days of being notified of that decision.
(5)A tenant may appeal to the sheriff against a decision by the president of the private rented housing panel under section 23(1) within 21 days of being notified of that decision.
(6)A tenant aggrieved by a decision by a landlord—
(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,
may appeal to the sheriff within 6 months of being notified of that decision.
(7)The sheriff may, on cause shown, hear an appeal after the deadline set by subsection (1), (4), (5) or, as the case may be, (6).
Commencement Information
I1S. 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}
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: