Private Rented Housing (Scotland) Act 2011
Jurisdiction | Scotland |
in paragraph (a) , after sub-paragraph (i) insert—“ 85(9) , ” .After section 85 of the 2004 Act insert— A local authority may, in deciding for the purposes of section 84(3) or (4) whether a relevant person is, or is no longer, a fit and proper person, require the relevant person to provide the local authority with a criminal record certificate (within the meaning of section 113A of the Police Act 1997 (c. 50) ) .A local authority may require a criminal record certificate to be provided under subsection (1) only if it has reasonable grounds to suspect that the information provided with an application for entry in the register maintained under section 82(1) in relation to material falling within subsection (2) , (3) or (4) of section 85 is, or has become, inaccurate.in the case of an application for entry in the register maintained under section 82(1) , a relevant person may not be entered in the register until the certificate has been received by the local authority;in the case of a relevant person entered in the register, the relevant person must provide the certificate within such reasonable period as the local authority directs.(1) In section 84 of the 2004 Act (registration) , after subsection (5) insert—
- (ia) firearms (within the meaning of section 57(1) of the Firearms Act 1968 (c. 27) ) ;
- (aa) committed a sexual offence (within the meaning of section 210A(10) of the Criminal Procedure (Scotland) Act 1995 (c. 46) ) ;
- “(6) Examples of material which falls within subsection (2) (as mentioned in paragraph (c) (i) or (ii) ) are (without prejudice to the generality of that provision) —
- (a) an offence or disqualification under—
- (i) this Part;
- (ii) Part 5 of the Housing (Scotland) Act 2006 (asp 1) ;
- “(1) A local authority may, in deciding for the purposes of section 84(3) or (4) whether a relevant person is, or is no longer, a fit and proper person, require the relevant person to provide the local authority with a criminal record certificate (within the meaning of section 113A of the Police Act 1997 (c. 50) ) .
- (2) A local authority may require a criminal record certificate to be provided under subsection (1) only if it has reasonable grounds to suspect that the information provided with an application for entry in the register maintained under section 82(1) in relation to material falling within subsection (2) , (3) or (4) of section 85 is, or has become, inaccurate.
- (3) Where a local authority has required a criminal record certificate to be provided under subsection (1) —
- (a) in the case of an application for entry in the register maintained under section 82(1) , a relevant person may not be entered in the register until the certificate has been received by the local authority;
- (b) in the case of a relevant person entered in the register, the relevant person must provide the certificate within such reasonable period as the local authority directs.
- “(5A) An entry in a register under subsection (2) (a) shall state, in relation to the relevant person, a registration number (to be known as the “landlord registration number”) .
- “(1A) Where a local authority gives notice of the fact of registration under subsection (1) (a) it must, in doing so, give notice of the landlord registration number.
- “landlord registration number” has the meaning given by section 84(5A) ;
- “(2A) Subject to subsections (2B) and (2C) , the notice shall be accompanied by such fee as the local authority may determine.
- (2B) No fee shall be payable under subsection (2A) if, when the notice is given—
- (a) the person appointed is entered in the register as a relevant person; or
- (b) another relevant person's entry in the register states that the person appointed acts for the other relevant person.
- “(9) A registered person is guilty of an offence who, without reasonable excuse—
- (a) in giving notice under subsection (2) , specifies information which is false in a material particular; or
- (b) fails to comply with subsection (2) .
- (zi) confirmation of whether any application relating to the house has been made in accordance with...
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