Article 2 Amendment of Rent Officers (Additional Functions) (Scotland) Order 1990

The Rent Officers (Additional Functions) (Scotland) Order 1990^f1 is amended as follows:—

(1)

In article 2(1)—

(a)

in the definition of dwelling, for “the Social Security Act 1986”^f2 substitute “Part VII of the Social Security Contributions and Benefits Act 1992”^f3; and

(b)

for the definition of local authority, substitute—

““local authority” means a district council or an islands council;”.

(2)

In article 3(1), for “section 30(2B) or (2C) of the Social Security Act 1986”^f4 substitute “section 136(2) or (3) of the Social Security Administration Act 1992”^f5.

(3)

At the end of article 5 add the following paragraph:—

“(3)

Nothing in paragraph 5(2)(a)(ii) shall prevent a determination in the following circumstances:—

(a)

the determination relates to any amendment to the rent to include an amount payable by the tenant to the landlord in respect of the council tax payable by the landlord;

(b)

the application for the determination is made before 1st April 1994;

(c)

no previous application for a determination has been made by the local authority after 31st March 1993; and

(d)

no determination of rent, which included an amount payable by the tenant to the landlord in respect of the council tax payable by the landlord, under section 25 or 25A of that Act took effect after 31st March 1993.”.^f6

Annotations

Footnotes

f1: S.I. 1990/396, amended by S.I. 1991/533.
f2: 1986 c. 50.
f3: 1992 c. 4.
f4: Section 30(2B) and (2C) were inserted by the Social Security Act 1989 (c. 24), section 15(1).
f5: 1992 c. 5.
f6: Section 25A was inserted by the Local Government Finance (Housing) (Consequential Amendments) (Scotland) Order 1993 (S.I. 1993/685).