# The Rent Officers (Additional Functions) (Scotland) Order 1990, Note: Explanatory note


(This note is not part of the Order)
This Order revokes and re-enacts with minor modifications the Rent Officers (Additional Functions) (Scotland) Order 1989 (as amended by the Rent Officers (Additional Functions) (Scotland) Amendment Order 1989) which conferred additional functions on rent officers in connection with housing benefit and rent allowance subsidy.
Article 3 provides that where a local authority, as required by regulations made under section 30(2B) or (2C) of the Social Security Act 1986, applies to a rent officer for determinations relating to a tenancy of a dwelling the rent officer must make the determinations and give notice to the local authority in accordance with Schedule 1 to the Order. The determinations relate to the amount of the rent, the size of the dwelling and the proportion of rent attributable to the provision of services. Article 4 requires a rent officer, with the advice of one or two other rent officers, to make a re-determination if a local authority applies for it.
The main modification is that the Order no longer lists tenancies which are excluded from the determination provisions. This is because applications for determinations will only be made when required by regulations made under the Social Security Act 1986. Further modifications include a requirement for a rent officer to make a determination under paragraph 3 of Schedule 1 (rent attributable to services) where he makes a determination under paragraph 1(1) but not paragraph 1(2). The Order also introduces in paragraph 4 of Schedule 1 assumptions which the rent officer must make about medical and certain other care services.

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Source: https://www.legislation.gov.uk/uksi/1990/396/note (the official version)
Page: https://openlegislation.uk/rent-officers-additional-functions-scotland-order-1990/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.