The Rent Assessment Committees (Scotland) (Consequential Amendments) Regulations 1993

Statutory Instruments

1993 No. 659 (S.97)

LANDLORD AND TENANT, SCOTLAND

The Rent Assessment Committees (Scotland) (Consequential Amendments) Regulations 1993

Made

11th March 1993

Laid before Parliament

11th March 1993

Coming into force

1st April 1993

The Secretary of State, in exercise of the powers conferred on him by sections 53(1)(b) and 80(1)(b) of the Rent (Scotland) Act 1984(1), and of all other powers enabling him in that behalf, and after consultation with the Council on Tribunals as required by section 8(1) of the Tribunals and Inquiries Act 1992(2), hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Rent Assessment Committees (Scotland) (Consequential Amendments) Regulations 1993 and shall come into force on 1st April 1993.

Amendments of Regulations

2.  In regulation 2(1) (interpretation) of the Rent Assessment Committees (Scotland) Regulations 1980(3), there shall be substituted for the definition of “Part VII contract” the following definition—

““Part VII contract” means a contract to which section 63(1) of the Rent (Scotland) Act 1984 applies and which is referred by a party to a committee under section 65(4), 66A(5) or 68(6) of that Act;”.

3.  In regulation 3 (application) of the Rent Assessment Committee (Assured Tenancies) (Scotland) Regulations 1989(7), after paragraph (b) there shall be inserted the following paragraph—

“(bb) a reference by a tenant under section 25A(4)(a)(8) of the 1988 Act of a notice which has been served on him under section 25A(2) of that Act (notice proposing a new rent to take account of any sums payable by the tenant to the landlord in respect of council tax);”.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St. Andrew’s House,

Edinburgh

11th March 1993

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Rent Assessment Committees (Scotland) Regulations 1980 and the Rent Assessment Committee (Assured Tenancies) (Scotland) Regulations 1989, (which regulate the procedures to be followed by rent assessment committees)—

(a) in the case of the 1980 Regulations, to include in the sections under which parties to Part VII contracts can refer these contracts to a rent assessment committee, section 66A of the Rent (Scotland) Act 1984 which provides for transitional references of Part VII contracts in respect of increases in rent because of the council tax; and

(b) in the case of the 1989 Regulations, to include in the references which can be made to a rent assessment committee the reference of a notice under section 25A of the Housing (Scotland) Act 1988, informing an assured tenant that a landlord wishes to make a transitional increase in the rent because of the landlord’s liability to pay council tax.

(1)

1984 c. 58; section 53(1)(b) was amended by the Housing (Scotland) Act 1988 (c. 43), section 48(1).

(2)

1992 c. 53.

(3)

S.I. 1980/1665, to which there are amendments not relevant to these Regulations.

(4)

Section 65 was amended by the Housing (Scotland) Act 1988, Schedule 10.

(5)

Section 66A was inserted by the Local Government Finance (Housing) (Consequential Amendments) (Scotland) Order 1993 (S.I. 1993/658).

(6)

Section 68 was amended by the Housing (Scotland) Act 1988, Schedule 10.

(7)

S.I. 1989/81.

(8)

Section 25A was inserted by the Local Government Finance (Housing) (Consequential Amendments) (Scotland) Order 1993.