The Rent Officers (Additional Functions) (Scotland) Amendment (No.2) Order 1994

• Citation: S.I. 1994/3108
• Sections: 3

Section 1 Citation and commencement

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.

Section 2 Amendment of Rent Officers (Additional Functions) (Scotland) Order 1990

The Rent Officers (Additional Functions) (Scotland) Order 1990 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 1 (exceptionally high rents)—

(i) in sub-paragraph (1) for “in the registration area in which the dwelling is situated” substitute—

of dwellings which—

are in the same locality as the dwelling (or in as similar a locality as is reasonably practicable), and

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).

Section 3 Transitional provision

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.