Article 3 Determinations

(1)

Subject to sub-paragraph (2) and article 5 where a local authority in accordance with regulations made under section 136(2) or (3) of the Social Security Administration Act 1992^f1 applies to a rent officer for determinations in respect of the tenancy of a dwelling, a rent officer shall—

(a)

make the determinations in accordance with Part I of Schedule 1 (determinations);

(b)

comply with Part 2 of Schedule 1 on making the determinations (assumptions etc); and

(c)

give notice in accordance with Part 3 of Schedule 1 (notifications).

(2)

If a rent officer needs further information in order to make determinations under paragraph (1), he shall serve notice on the local authority requesting that information and until he receives it paragraph (1) shall not apply to the making of that determination.

(3)

A rent officer for each registration area (within the meaning of section 43 of the Rent (Scotland) Act 1984^f2) on the first working day of each month shall—

(a)

make determinations in accordance with Part 4 of Schedule 1 (indicative rent levels) in the registration area;

(b)

comply with paragraph 7(2) of Schedule 1 (assumptions etc) when making determinations; and

(c)

give to the local authority notice of the determinations relating to its area when they have been made.

Annotations

Footnotes

f1: 1992 c. 5.
f2: 1984 c. 58.