Private Rented Housing (Scotland) Act 2011

JurisdictionScotland
in paragraph (a) , after sub-paragraph (i) insert—
  • (ia) firearms (within the meaning of section 57(1) of the Firearms Act 1968 (c. 27) ) ;
,
firearms (within the meaning of section 57(1) of the Firearms Act 1968 (c. 27) ) ;after that paragraph, insert—
  • (aa) committed a sexual offence (within the meaning of section 210A(10) of the Criminal Procedure (Scotland) Act 1995 (c. 46) ) ;
,
committed a sexual offence (within the meaning of section 210A(10) of the Criminal Procedure (Scotland) Act 1995 (c. 46) ) ;after subsection (5) insert—
  • “(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) ;
this Part;Part 5 of the Housing (Scotland) Act 2006 (asp 1) ;a repairing standard enforcement order made under section 24(2) of that Act.an antisocial behaviour order (or any interim order) within the meaning of Part 2;an antisocial behaviour notice within the meaning of Part 7.complaints and other information which come to the attention of the local authority concerning the relevant person or, as the case may be the person, in relation to the fulfilment of any financial obligation in respect of any house which is included in the application;concerns and other information which come to the attention of the local authority in the exercise of any of its functions in connection with any house which is included in the application;where section 85A(3) (b) applies, the relevant person fails to provide the certificate within the period the local authority directs.The Scottish Ministers may by order modify subsection (2) .(2) In section 141(4) (a) of that Act (orders and regulations) , after “83(7) ,” insert “ 85(9) , ”.
  • After section 85 of the 2004 Act insert—
      (85A) Fit and proper person: criminal record certificate
    • “(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.
  • 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—
    • “(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”) .
    .
    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”) .(2) In section 86 of that Act (notification of registration or refusal to register) , after subsection (1) insert—
    • “(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.
    .
    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.(3) In section 101 of that Act (interpretation of Part 8) , after the definition of “landlord” insert—
      landlord registration number” has the meaning given by section 84(5A) ;
    .
    (a) after subsection (2) insert—
    • “(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.
    Subject to subsections (2B) and (2C) , the notice shall be accompanied by such fee as the local authority may determine.the person appointed is entered in the register as a relevant person; oranother relevant person's entry in the register states that the person appointed acts for the other relevant person.fees;how fees are to be arrived at;other cases in which no fee shall be payable.(b) after subsection (8) insert—
    • “(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) .
    in giving notice under subsection (2) , specifies information which is false in a material particular; orfails to comply with subsection (2) .A person guilty of an offence under subsection (9) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.in paragraph (a) , before sub-paragraph (i) insert—
    • (zi) confirmation of whether any application relating to the house has been made in accordance with...
    confirmation of whether any application relating to the house has been made in accordance with

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