The Rent Officers (Additional Functions) (Scotland) Amendment (No.2) Order 1995

• Citation: S.I. 1995/3185
• Sections: 2

Section 1 Citation and commencement

This Order may be cited as the Rent Officers (Additional Functions) (Scotland) Amendment (No.2) Order 1995 and shall come into force on 2nd January 1996.

Section 2 Amendments to Rent Officers (Additional Functions) (Scotland) Order 1995

In Schedule 1 to the Rent Officers (Additional Functions) (Scotland) Order 1995 —

(a) in paragraph 4(2)(b) (local reference rents)—

(i) in the chapeau to sub-paragraphs (i) to (iii) insert after “use” the words “under the tenancy of the dwelling”;

(ii) before sub-paragraph (i) insert—

(ia) that under the assured tenancy the tenant does not have the use of more than one bedroom or room suitable for living in;

(iii) in sub-paragraph (ii) for “otherwise than with a member of his household” substitute “with a person other than a member of the tenant’s household, a non-dependant or a person who pays rent to the tenant”;

(b) after paragraph 4(3) insert—

(3A) In sub-paragraph (2)(b)—

“bedroom or room suitable for living in” does not include a room which the tenant shares with any person other than—

a member of the tenant’s household;

a non-dependant (as defined in this sub-paragraph); or

a person who pays rent to the tenant; and

“non-dependant” means a non-dependant of the tenant within the meaning of regulation 3 of the 1987 Regulations.

(c) in paragraph 7(2) (housing associations and charities) for “a charity” substitute “where the landlord is a charity and the dwelling is provided by the landlord in the pursuit of its charitable purposes”; and

(d) in paragraph 9 (indicative rent levels)—

(i) in sub-paragraph (3)(d) after “two rooms” insert “and where none of paragraphs (a) to (c) applies”;

(ii) in sub-paragraph (3)(e) after “three rooms” insert “and where none of paragraphs (a) to (d) applies”;

(iii) in sub-paragraph (3)(f) after “four rooms” insert “and where none of paragraphs (a) to (e) applies”;

(iv) in sub-paragraph (3)(g) after “five rooms” insert “and where none of paragraphs (a) to (e) applies”;

(v) in sub-paragraph (3)(h) after “six rooms” insert “and where none of paragraphs (a) to (g) applies”; and

(vi) in the definition of room in sub-paragraph (5) after “in” insert

and in paragraphs (a), (b) and (c) of sub-paragraph (3) does not include a room which the tenant shares with any person other than—

a member of the tenant’s household;

a non-dependant of the tenant within the meaning of regulation 3 of the 1987 Regulations; or

a person who pays rent to the tenant;