# The Enhanced Enforcement Areas Scheme (Scotland) Regulations 2015, Regulation 4: Additional discretionary powers


(1) Where the Scottish Ministers agree to designate an area as an EEA the local authority will acquire such of the additional discretionary powers as the Scottish Ministers consider necessary or expedient, to be exercised for prescribed purposes.
(2) The additional discretionary powers referred to in paragraph (1) are that—
(a) the local authority may require a relevant person in terms of section 83(8) of the 2004 Act to provide the local authority with an enhanced criminal record certificate (within the meaning of section 113B of the Police Act 1997);
(b) the local authority may require any person appearing to it to fall within paragraph (4) to provide it with, or make available for inspection, any of the following documents or evidence—
(i) evidence of the policy in respect of any contract of insurance which the landlord is required to have or effect in terms of section 18 of the Tenements (Scotland) Act 2004 and evidence of the payment of the premium for any such policy; and
(ii) a copy of the acknowledgement from the tenant in terms of article 5 of the Tenant Information Packs (Assured Tenancies) (Scotland) Order 2013 or other evidence to confirm that the landlord has complied with section 30A of the Housing (Scotland) Act 1988;
(iii) evidence that regulation 5 of the Energy Performance of Buildings (Scotland) Regulations 2008 has been complied with;
(iv) a copy of the record made and retained in terms of regulation 36(3)(c) of the Gas Safety (Installation and Use) Regulations 1998;
(c) any person authorised by a local authority is entitled to enter the house and any building of which it forms part.
(3) The prescribed purposes referred to in paragraph (1) are—
(a) in relation to paragraph (2)(a) deciding for the purposes of section 84(3) or (4) of the 2004 Act whether the relevant person is a fit and proper person;
(b) in relation to paragraph (2)(b)—
(i) enabling and assisting the local authority to exercise any function under Part 8 of the 2004 Act;
(ii) ensuring the safety and upkeep of the house; or
(iii) ensuring that information is available for tenants;
(c) in relation to paragraph (2)(c) enabling or assisting the local authority to decide whether the house and building are safe, well managed and of good quality.
(4) A person falls within this paragraph if the person—
(a) is the landlord of a house within the local authority’s area; or
(b) represents a landlord in relation to a lease or occupancy arrangement to which a house within the local authority’s area is subject.
(5) A right to enter any house or building conferred under paragraph (2)(c) may be exercised only at a reasonable time.
(6) A person authorised to exercise any right conferred under paragraph (2)(c) must, if required to do so, produce written evidence of the person’s authorisation by the local authority.

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Source: https://www.legislation.gov.uk/sdsi/2015/9780111027486/regulation/4 (the official version)
Page: https://openlegislation.uk/draft-enhanced-enforcement-areas-scheme-scotland-regulations-2015/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.