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Section 81 Interpretation of Part 7

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In this Part—

  • “landlord”, in relation to an occupancy arrangement, means the person who under the arrangement permits another to occupy the building or, as the case may be, the part of the building;

  • “occupancy arrangement” means any arrangement under which a person having the lawful right to occupy a building or part of a building permits another, by way of contract or otherwise, to occupy the building or, as the case may be, the part of it; but does not include a lease;

  • “relevant house” means, subject to subsection (2), any building or part of a building which—

    1. (a)

      is occupied as a dwelling under—

      1. (i)

        a tenancy; or

      2. (ii)

        an occupancy arrangement; and

    2. (b)

      does not fall within subsection (3).

(2)

If—

(a)

the same person is the landlord in relation to two or more relevant houses; and

(b)

those relevant houses share the same toilet, washing or cooking facilities,

then those relevant houses shall be deemed to be a single relevant house.

(3)

A building or part of a building falls within this subsection if—

(a)

it is owned by—

(i)

a local authority;

(ii)

a registered social landlord; or

(iii)

Scottish Homes;

(b)

it is used for the provision of—

(i)

a care home service (as defined in F1paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8));

(ii)

a school care accommodation service (as defined in F2paragraph 3 of that schedule);

F3(iii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)

a secure accommodation service (as defined in F4paragraph 6 of that schedule);

F5(v)

an independent hospital (as defined in subsection (2) of section 10F of the Public Services Reform (Scotland) Act 2010 (asp 8));

(vi)

a private psychiatric hospital (as defined in that section);

(vii)

an independent clinic (as defined in that section); or

(viii)

an independent medical agency (as defined in that section);

(c)

the house is used by a religious order the principal occupation of which is prayer, contemplation, education or the relief of suffering; or

(d)

a control order under section 178 of the Housing (Scotland) Act 1987 (c. 26) is in force in respect of the house.

(4)

For the purposes of this Part, a person engages in antisocial behaviour if the person—

(a)

acts in a manner that causes or is likely to cause alarm, distress, nuisance or annoyance; or

(b)

pursues a course of conduct that causes or is likely to cause alarm, distress, nuisance or annoyance,

to a person residing in, visiting or otherwise engaging in lawful activity at, or in the locality of, a relevant house.

Annotations

Textual amendments

F1

Words in s. 81(3)(b)(i) substituted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 1 para. 14(2)(a)

F2

Words in s. 81(3)(b)(ii) substituted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 1 para. 14(2)(b)

F3

S. 81(3)(b)(iii) and word repealed (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 2 para. 9(a)(i)(ii)

F4

Words in s. 81(3)(b)(iv) substituted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 1 para. 14(2)(c)

F5

S. 81(3)(b)(v)-(viii) inserted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 2 para. 9(a)(iii)