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The Rent Officers (Additional Functions) (Scotland) Amendment (No.2) Order 1995

S.I. 1995/3185 · Made 5 December 1995

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

HOUSING, SCOTLAND

Made 5th December 1995

Laid before Parliament 11th December 1995

Coming into force 2nd January 1996

The Secretary of State, in exercise of the powers conferred upon him by section 70(1) and (2) of the Housing (Scotland) Act 1988f1, and of all other powers enabling him in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1988 c. 43.

Contents

  1. 1Citation and commencement
  2. 2Amendments to Rent Officers (Additional Functions) (Scotland) Order 1995
  3. Signature
  4. Explanatory note

1Citation and commencement

This Order may be cited as the Rent Officers (Additional Functions) (Scotland) Amendment (No.2) Order 1995 and shall come into force on 2nd January 1996.

2Amendments to Rent Officers (Additional Functions) (Scotland) Order 1995

In Schedule 1 to the Rent Officers (Additional Functions) (Scotland) Order 1995f1—

(a)

in paragraph 4(2)(b) (local reference rents)—

(i)

in the chapeau to sub-paragraphs (i) to (iii) insert after “use” the words “under the tenancy of the dwelling”;

(ii)

before sub-paragraph (i) insert—

“(ia)

that under the assured tenancy the tenant does not have the use of more than one bedroom or room suitable for living in;”; and

(iii)

in sub-paragraph (ii) for “otherwise than with a member of his household” substitute “with a person other than a member of the tenant’s household, a non-dependant or a person who pays rent to the tenant”;

(b)

after paragraph 4(3) insert—

“(3A)

In sub-paragraph (2)(b)—

  • “bedroom or room suitable for living in” does not include a room which the tenant shares with any person other than—

    1. (a)

      a member of the tenant’s household;

    2. (b)

      a non-dependant (as defined in this sub-paragraph); or

    3. (c)

      a person who pays rent to the tenant; and

  • “non-dependant” means a non-dependant of the tenant within the meaning of regulation 3 of the 1987 Regulations.”f2;

(c)

in paragraph 7(2) (housing associations and charities) for “a charity” substitute “where the landlord is a charity and the dwelling is provided by the landlord in the pursuit of its charitable purposes”; and

(d)

in paragraph 9 (indicative rent levels)—

(i)

in sub-paragraph (3)(d) after “two rooms” insert “and where none of paragraphs (a) to (c) applies”;

(ii)

in sub-paragraph (3)(e) after “three rooms” insert “and where none of paragraphs (a) to (d) applies”;

(iii)

in sub-paragraph (3)(f) after “four rooms” insert “and where none of paragraphs (a) to (e) applies”;

(iv)

in sub-paragraph (3)(g) after “five rooms” insert “and where none of paragraphs (a) to (e) applies”;

(v)

in sub-paragraph (3)(h) after “six rooms” insert “and where none of paragraphs (a) to (g) applies”; and

(vi)

in the definition of room in sub-paragraph (5) after “in” insert

“and in paragraphs (a), (b) and (c) of sub-paragraph (3) does not include a room which the tenant shares with any person other than—

  1. (a)

    a member of the tenant’s household;

  2. (b)

    a non-dependant of the tenant within the meaning of regulation 3 of the 1987 Regulations; or

  3. (c)

    a person who pays rent to the tenant;”.

Signature

Raymond S Robertson

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

5th December 1995

Explanatory note

(This note is not part of the Order)

This Order amends the Rent Officers (Additional Functions) (Scotland) Order 1995 (“the principal Order”) which will come into force on 2nd January 1996 and which will confer functions on rent officers, in connection with housing benefit and rent allowance subsidy, requiring them to make determinations and redeterminations in respect of tenancies of dwellings.

Article 2(a) and (b) alters the criteria for local reference rent determinations under paragraph 4(2)(b) of Schedule 1 to the principal Order (which applies where the tenant does not have use of more than one bedroom or room suitable for living in). In particular, rooms shared with a person other than a member of the tenant’s household, a non-dependant or a person who pays rent to the tenant are not to be taken into account when deciding if the tenant has the use of more than one room.

Article 2(c) changes the requirement in paragraph 7 of Schedule 1 to the principal Order not to take into account, when making determinations, rents under tenancies where the landlord is a charity. It restricts it to tenancies of dwellings provided in pursuit of charitable purposes.

Article 2(d) alters the criteria for indicative rent level determinations under paragraph 9 of Schedule 1 to the principal Order. In particular, for the categories listed in paragraph 9(3)(a) to (c) it amends the definition of room to exclude a room which the tenant shares with the persons mentioned in the amended definition.