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Housing (Scotland) Act 1988
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Housing (Scotland) Act 1988, Section 48 is up to date with all changes known to be in force on or before 07 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 66(1)(aa) and word inserted by 2001 asp 10 s. 50(2)(c)
- s. 66(2A) inserted by 2001 asp 10 s. 50(3)
- s. 66(5A) inserted by 2001 asp 10 s. 50(4)
- sch. 17 para. 19-26 repealed by 2014 asp 14 sch. 2 para. 5(4)
48 [F1First-tier Tribunal: procedure and information powers]S
(1)In section 53 of the Rent (Scotland) Act 1984 (regulations of the Secretary of State) at the end of paragraph (b) of subsection (1) (procedure of rent officers F2...) there shall be added the words “whether under this Act or the Housing (Scotland) Act 1988”.
(2)The [F3First-tier Tribunal] may by notice in the prescribed form served on the landlord or the tenant require him to give to the [F4First-tier Tribunal], within such period of not less than fourteen days from the service of the notice as may be specified in the notice, such information as [F5it] may reasonably require for the purposes of [F6its] functions.
(3)If any person fails without reasonable excuse to comply with a notice served on him under subsection (2) above, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4)Where an offence under subsection (3) above committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager or secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Textual Amendments
F1S. 48 heading substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), Sch. 2 para. 2(14) (with Sch. 1)
F2Words in s. 48(1) omitted (1.12.2016) by virtue of The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), Sch. 2 para. 2(13)(a) (with Sch. 1)
F3Words in s. 48(2) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), Sch. 2 para. 2(13)(b)(i) (with Sch. 1)
F4Words in s. 48(2) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), Sch. 2 para. 2(13)(b)(ii) (with Sch. 1)
F5Word in s. 48(2) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), Sch. 2 para. 2(13)(b)(iii) (with Sch. 1)
F6Word in s. 48(2) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), Sch. 2 para. 2(13)(b)(iv) (with Sch. 1)
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