Article 2 Interpretation

In this Order, unless the content otherwise requires—

• “assured tenancy” has the same meaning as in Part II of the Housing (Scotland) Act 1988, except that it includes a tenancy which would be an assured tenancy but for paragraph 9 of Schedule 4 to that Act;

• “determination” means a determination made in accordance with Part 1 or Part 4 of Schedule 1 to this Order;

• “dwelling” means any residential accommodation whether or not consisting of the whole or part of a building and whether or not comprising separate and self contained premises;

• “hostel” has the same meaning as in regulation 12A of the 1987 Regulations^f1;

• “local authority” means—

  1. (a)

     prior to 1st April 1996, a district or islands council within the meaning of the Local Government (Scotland) Act 1973^f2; and

  2. (b)

     on and after 1st April 1996, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994^f3;

• “occupier” means a person (whether or not identified by name) who is stated, in the application for the determination, to occupy the dwelling;

• “relevant time” means the time the application for the determination is made or, if earlier, the tenancy ends;

• “rent” means any of the periodical payments referred to in regulation 10(1) of the 1987 Regulations^f4;

• “size criteria” means the standards relating to bedrooms and rooms suitable for living in specified in Schedule 2 to this Order;

• “tenancy” includes any other right of occupancy and a prospective tenancy or right of occupancy and references to a tenant, a landlord or any other expression appropriate to a tenancy shall be construed accordingly; and

• “the 1987 Regulations” means the Housing Benefit (General) Regulations 1987.

In this Order any reference to a notice or application is to a notice or application in writing and any order by a rent officer may be sent by post, except in a case where the recipient consents either generally or specifically to the notice or application being transmitted by electronic means.

Any reference in this Order to a numbered article, paragraph, sub-paragraph or Schedule shall be taken, unless the context otherwise requires, to be a reference to the article or Schedule so numbered in this Order or to the paragraph or sub-paragraph so numbered in that article or Schedule, as the case may be.