1994 No. 3108 (S.169)
The Rent Officers (Additional Functions) (Scotland) Amendment (No.2) Order 1994
Made
Laid before Parliament
Coming into force
The Secretary of State, in exercise of the powers conferred upon him by section 70 of the Housing (Scotland) Act 19881, and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation and commencement1
This Order may be cited as the Rent Officers (Additional Functions) (Scotland) Amendment (No.2) Order 1994 and shall come into force on 1st January 1995.
Amendment of Rent Officers (Additional Functions) (Scotland) Order 19902
The Rent Officers (Additional Functions) (Scotland) Order 19902 is amended as follows:—
a
at the end of article 2(2) (notice or application to be in writing) add “, except in a case where the recipient consents, either generally or specifically, to the notice or application being transmitted by electronic means.”;
b
in paragraph 2A of Schedule 13 (exceptionally high rents)—
i
in sub-paragraph (1) for “in the registration area in which the dwelling is situated” substitute—
of dwellings which—
- a
are in the same locality as the dwelling (or in as similar a locality as is reasonably practicable), and
- b
have the same number of bedrooms and other rooms suitable for living in as the dwelling (or, in a case where the dwelling does not accord with the size criteria for the occupiers, the same number of such bedrooms and other rooms as does so accord).
ii
in sub-paragraph (2) omit the definition of registration area;
iii
for sub-paragraph (3) substitute—
3
If the rent officer determines under sub-paragraph (1) that the rent is exceptionally high, the rent officer shall also determine the highest rent, which is not an exceptionally high rent, which a landlord might reasonably have been expected to obtain at the relevant time (on the assumption that no one who would have been entitled to housing benefit had sought or is seeking the tenancy) for an assured tenancy of a dwelling which—
a
is in the same locality as the dwelling;
b
has the same number of bedrooms and other rooms suitable for living in as the dwelling (or, in a case where the dwelling does not accord with the size criteria for the occupiers, the same number of such bedrooms and other rooms as does so accord); and
c
is in a reasonable state of repair.
iv
omit paragraph (4).
Transitional provision3
The amendments made by this Order do not have effect in a case where an application is made—
a
for a determination before the date this Order comes into force, or
b
for a redetermination where the determination was made before that date.
(This note is not part of the Order)