# The Notice to Local Authorities (Scotland) Amendment (No. 2) Regulations 2017, Note: Explanatory note


(This note is not part of the Regulations)
The Notice to Local Authorities (Scotland) Regulations 2008 (“the 2008 Regulations”) prescribe the form and manner in which notice is to be given under section 11(1) of the Homelessness etc. (Scotland) Act 2003 (“the 2003 Act”) and various other enactments listed in section 11(5) of that Act.
These Regulations amend the 2008 Regulations to prescribe the form and manner in which notice is to be given under section 245ZA(2) of the Proceeds of Crime Act 2002 (“the 2002 Act”), as inserted by section 29(2) of the Criminal Finances Act 2017.
Section 245ZA(2) of the 2002 Act provides that, where the enforcement authority applies under section 266(8ZA) of that Act for decree of removing and warrant for ejection in relation to heritable property which consists of or includes a dwellinghouse (as defined in the 2003 Act), it must give notice of this to the relevant local authority. The Scottish Ministers are the enforcement authority for this purpose (section 316(1) of the 2002 Act). Section 245ZA(3) of the 2002 Act requires such notice to be given in the form and manner prescribed under section 11(3) of the 2003 Act.
No business and regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.

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Source: https://www.legislation.gov.uk/ssi/2017/421/note (the official version)
Page: https://openlegislation.uk/notice-to-local-authorities-scotland-amendment-no-2-regulations-2017/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.