OpenLegislation

Paragraph 9 I1

(1)

The local authority must decide whether to grant or refuse an application for an HMO licence within 12 months of it receiving the application.

C1(2)

The period mentioned in sub-paragraph (1) may be extended by the sheriff, on summary application by the local authority, by such period as the sheriff thinks fit.

(3)

The sheriff may not extend a period unless the local authority applies for the extension before the period expires.

(4)

The applicant is entitled to be a party to any proceedings on such a summary application.

(5)

The sheriff's decision on such an application is final.

(6)

If the local authority does not determine an application for an HMO licence within the period mentioned in sub-paragraph (1) (or that period as extended), the authority is to be treated as having decided to grant the HMO licence unconditionally.

(7)

Sub-paragraph (6) does not affect the local authority's power to vary or revoke an HMO licence granted in pursuance of that sub-paragraph.

Annotations

Modifications

C1

Sch. 4 para. 9(2) power to disapply conferred (20.11.2014) by Housing (Scotland) Act 2014 (asp 14), ss. 20(2)(a)(iii), 104(3); S.S.I. 2014/264, art. 2, Sch.

Commencement

I1

Sch. 4 para. 9 in force at 31.8.2011 by S.S.I. 2010/159, art. 3