Article 2

The Rent Officers (Additional Functions) (Scotland) Order 1990^f1 is amended in accordance with the following paragraphs of this article.

For sub-paragraphs (a) and (b) of article 5(2) (circumstances in which no determination or re-determination shall be made there is substituted the following:—

“(a)

(i)

a determination under section 34 of the Housing (Scotland) Act 1988 has taken effect in relation to the tenancy; or

(ii)

within the period of 12 months ending with the date on which the application for a determination (or, as the case may be a re-determination) was received, a determination under section 25 or 34 of that Act took effect (or would have taken effect but for the agreement of the landlord and tenant) in relation to the tenancy or a tenancy of the same dwelling on terms which were substantially the same (disregarding the terms relating to the amount of rent) as the terms of tenancy were on that date; or

(iii)

within the period mentioned in sub-paragraph (ii) an application was made under section 34 of that Act in relation to such a tenancy as is referred to in that sub-paragraph and a determination was precluded by sub-section (3)(b) of that section; and

(b)

in respect of the circumstances described in sub-paragraphs (a)(ii) and (iii) there has been no substantial change in the condition of the dwelling (including the making of improvements) or in the terms of the tenancy, other than relating to the amount of the rent, within the period mentioned in sub-paragraph (a)(ii).”.

At the end of paragraph 3(2) of Schedule 1 there are inserted the words “or the provision of services to which any service charge for fuel relates”.

At the end of paragraph 7(2) of Schedule 1 there are inserted the words “or, where the rent assessment committee has not made a determination, the rent payable under the tenancy when the application to the rent assessment committee was made”.