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Section 5 Further assessment of rent conditions and report by local authorityI1I2

Scotland

(1)

Subsection (2) applies if the Scottish Ministers, having considered a report from a local authority as mentioned in section 4, or pursuant to a direction under subsection (2), are of the opinion that—

(a)

the assessment of rent conditions to which the report relates was not adequate, or

(b)

the local authority did not have regard to the Scottish Ministers’ relevant guidance in connection with—

(i)

the carrying out of its assessment of rent conditions on which the report is based, or

(ii)

the preparation of the report.

(2)

The Scottish Ministers may direct the local authority to carry out a further assessment of rent conditions and submit a further report in relation to that assessment.

(3)

A direction under subsection (2) must—

(a)

be given in writing, and

(b)

specify the timing and manner of the local authority’s further assessment and report.

(4)

A requirement to submit a further report in accordance with a direction under subsection (2) does not affect the duty of a local authority to submit a periodic report under section 1(1).

(5)

In subsection (1)(b), “relevant guidance” means—

(a)

in relation to the carrying out of an assessment, guidance issued under section 6(1),

(b)

in relation to the preparation of a report, guidance issued under section 7(1).

Annotations

Commencement

I1

S. 5 not in force at Royal Assent, see s. 86(2)

I2

S. 5 in force at 1.4.2026 by S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1