Explanatory note

This Order amends the Rent Officers (Additional Functions) (Scotland) Order 1990 which conferred functions on rent officers, in connection with housing benefit and rent allowance subsidy, of making determinations and redeterminations of certain matters in respect of tenancies. It also amends the Rent Officers (Additional Functions) (Scotland) Order 1995 which will replace the 1990 Order on 2nd January 1996.

Article 2(a) amends the 1990 Order to remove an exclusion for assured tenancies with rents determined under the Housing (Scotland) Act 1988 and article 2(c) makes an amendment consequential on this.

Article 3(a) amends the 1995 Order to add a requirement for rent officers to notify local authorities where a determination requested by the authority is not one to which the Order applies.Both the 1990 and 1995 Orders are amended to add a requirement for rent officers, in cases where the rent under a tenancy has been determined to be unreasonably high, to give local authorities additional information if the rent under the tenancy includes a charge for meals or fuels. The amendment to the 1990 Order is made by article 2(b) and the amendment to the 1995 Order by article 3(c).

Article 3(b) inserts a reference to article 2 of this Order into the revocations article in the 1995 Order. Article 2 will thus cease to have effect, along with the 1990 Order which it amends, on 2nd January 1996.

The amendments to the 1990 Order come into force on 2nd October 1995 (subject to the transitional case described in article 4) and the amendments to the 1995 Order on 2nd January 1996.