Section 92ZA Duty to note refusals and removalsF1

Scotland

(1)

Subsection (4) applies where—

(a)

a local authority decides to—

(i)

refuse to enter a person in its register under section 84(2)(b) or (7); or

(ii)

remove a person from its register under section 88(8) or 89(1) F2, (3A) or (4); and

(b)

either—

(i)

the period for making an application to the F3First-tier Tribunal in relation to the decision for the purposes of section 92(2) expires without an application being made; or

(ii)

such application is refused by the F4First-tier Tribunal and—

(A)

the period for appealing against the F5First-tier Tribunal's decision expires without an appeal being made; or

(B)

such an appeal is refused by the F6Upper Tribunal .

(2)

Subsection (4) applies where—

(a)

a local authority decides to refuse to enter a person in its register under section 84(8); and

(b)

either—

(i)

the period for making an application to the F7First-tier Tribunal in relation to the decision for the purposes of section 92(2) expires without an application being made; or

(ii)

such application is refused by the F8First-tier Tribunal and—

(A)

the period for appealing against the F9First-tier Tribunal's decision expires without an appeal being made; or

(B)

such an appeal is refused by the F10Upper Tribunal .

(3)

Subsection (4) applies where a local authority removes a person from its register under section 89(5).

(4)

Where this subsection applies, the local authority must note the fact in its register that the person has been refused entry to, or removed from, its register.

(5)

Where a fact is noted by virtue of subsection (1) it must, subject to subsection (6)—

(a)

remain on the register for 12 months from the date on which the local authority is required to note it in its register; and

(b)

be removed from the register at the end of that period.

(6)

Where a person in respect of whom a local authority notes a fact in its register by virtue of subsection (1) is subsequently entered in the register before the end of the period mentioned in subsection (5)(a), the local authority must remove the fact from the register when the person is so registered.

(7)

Where a fact is noted by virtue of subsection (2) or (3) it must—

(a)

remain on the register for the period of disqualification specified in the order made under section 93A(2); and

(b)

be removed from the register at the end of that period.

Annotations

Textual amendments

F1: S. 92ZA inserted (1.4.2013) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 5(2), 41(3); S.S.I. 2013/82, art. 2(1), sch.
F2: Word in s. 92ZA(1)(a)(ii) inserted (31.1.2018) by Housing (Scotland) Act 2014 (asp 14), ss. 60(7), 104(3); S.S.I. 2016/412, art. 2, sch.
F3: Words in s. 92ZA(1)(b)(i) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 58(a)(i); S.S.I. 2017/330, art. 3, sch.
F4: Words in s. 92ZA(1)(b)(ii) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 58(a)(ii); S.S.I. 2017/330, art. 3, sch.
F5: Words in s. 92ZA(1)(b)(ii)(A) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 58(a)(iii); S.S.I. 2017/330, art. 3, sch.; S.S.I. 2017/330, art. 3, sch.
F6: Words in s. 92ZA(1)(b)(ii)(B) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 58(a)(iv); S.S.I. 2017/330, art. 3, sch.; S.S.I. 2017/330, art. 3, sch.
F7: Words in s. 92ZA(2)(b)(i) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 58(b)(i); S.S.I. 2017/330, art. 3, sch.
F8: Words in s. 92ZA(2)(b)(ii) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 58(b)(ii); S.S.I. 2017/330, art. 3, sch.
F9: Words in s. 92ZA(2)(b)(ii)(A) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 58(b)(iii); S.S.I. 2017/330, art. 3, sch.; S.S.I. 2017/330, art. 3, sch.
F10: Words in s. 92ZA(2)(b)(ii)(B) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 58(b)(iv); S.S.I. 2017/330, art. 3, sch.; S.S.I. 2017/330, art. 3, sch.