The Rent Officers (Additional Functions) (Scotland) Amendment Order 1991

Explanatory Note

(This note is not part of the Order)

This Order amends the Rent Officers (Additional Functions) (Scotland) Order 1990 (“the 1990 Order”). The 1990 Order conferred functions on rent officers in connection with housing benefit and rent allowance subsidy and is amended in connection with circumstances where those functions are not to be exercised.

The 1990 Order provides that where a local authority, as required by Regulations under section 30(2B) of the Social Security Act 1986 (c. 50) applies to a rent officer he must make a determination (or a re-determination if appropriate) as to the amount of rent, size of dwelling and the proportion of rent attributable to the provision of services. Article 5 of the 1990 Order specifies circumstances in which a determination or re-determination cannot be made.

Article 2(2) of this Order amends article 5(2) of the 1990 Order to extend the circumstances in which a determination or re-determination of rent cannot be made so that they now cannot be made if there has been a recent determination under sections 25 or 34 of the Housing (Scotland) Act 1988 in relation to a similar tenancy or if a determination under section 34 is precluded by sub-section (3)(b) of that section; in addition it no longer matters that the rent is different from the rent determined under sections 25 or 34.

Paragraph 3 of Schedule 1 to the 1990 Order provides for cases where the rent officer must determine if rent is attributable to the provision of services. Article 2(3) of this Order amends the definition of “services” in paragraph 3(2) to exclude services relating to fuel. Article 2(4) of this Order amends paragraph 7 of Schedule I to the 1990 Order to require the rent officer additionally to notify the local authority of the level of rent where the rent assessment committee is precluded from making a determination under section 34 of the 1988 Act because the rent is not significantly higher than the market rent.

Article 3 of this Order provides that the amendments do not apply to an application for a re-determination relating to a determination made before this Order comes into force.