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

Original text. Later amendments are not shown.

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;”.

Annotations

Footnotes

f1

S.I. 1995/1643; to which there are amendments not relevant to this Order.

f2

S.I. 1987/1971; regulation 3 was amended by S.I. 1989/416, S.I. 1990/546 and 1775, S.I. 1994/3061 and S.I. 1995/560.