Explanatory note

These Regulations make provision to enable a local authority to apply to the Scottish Ministers for an area to be designated as an Enhanced Enforcement Area (“EEA”).

Regulation 2 specifies the circumstances where a local authority may make an application.

Regulation 3 sets out what must be included in the application.

Regulation 4 specifies the additional discretionary powers that the local authority may acquire where an area has been designated as an EEA and the purposes for which they may be exercised.

Regulation 5 makes provision about a warrant for entry to supplement the right of entry in regulation 4(2)(c).

Regulation 6 provides that the Scottish Ministers must notify the local authority of the approval or rejection of the application and that in the case of rejection a reason must be given.

Regulation 7 makes further provision about the designation. Regulations 7(a) and (b) make provision about the advertisement and duration of the designation. Regulation 7(c) requires a local authority to provide a report about the use of the additional discretionary powers if asked to do so by the Scottish Ministers. Regulation 7(d) allows a local authority to make a further application providing it is made before the expiry of the first designation.

Regulation 8 amends the Police Act 1997 (Criminal Records) (Scotland) Regulations 2010 to enable an enhanced record certificate to be required for the purpose of landlord registration.