{
  "url": "https://openlegislation.uk/rent-officers-additional-functions-scotland-order-1995/article-2",
  "json_url": "https://openlegislation.uk/rent-officers-additional-functions-scotland-order-1995/article-2.json",
  "legislation": "uksi/1995/1643",
  "legislation_title": "The Rent Officers (Additional Functions) (Scotland) Order 1995",
  "legislation_url": "https://openlegislation.uk/rent-officers-additional-functions-scotland-order-1995",
  "path": "article/2",
  "kind": "article",
  "number": "2",
  "heading": "Interpretation",
  "text": "(1) In this Order, unless the content otherwise requires—\n“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;\n“determination” means a determination made in accordance with Part 1 or Part 4 of Schedule 1 to this Order;\n“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;\n“hostel” has the same meaning as in regulation 12A of the 1987 Regulations;\n“local authority” means—\n(a) prior to 1st April 1996, a district or islands council within the meaning of the Local Government (Scotland) Act 1973; and\n(b) on and after 1st April 1996, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;\n“occupier” means a person (whether or not identified by name) who is stated, in the application for the determination, to occupy the dwelling;\n“relevant time” means the time the application for the determination is made or, if earlier, the tenancy ends;\n“rent” means any of the periodical payments referred to in regulation 10(1) of the 1987 Regulations;\n“size criteria” means the standards relating to bedrooms and rooms suitable for living in specified in Schedule 2 to this Order;\n“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\n“the 1987 Regulations” means the Housing Benefit (General) Regulations 1987.\n(2) 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.\n(3) 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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1987/1971; regulation 12A was inserted by S.I. 1990/546."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1973 c. 65."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1994 c. 39."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Amended by S.I. 1988/1971."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1995/1643/article/2",
    "retrieved_at": "2026-10-29T13:06:52.332444+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}