Article 3 Determinations

Scotland

(1)

Subject to F1articles 3A and 6, where a local authority, in accordance with regulations made under section 136(2) or (3) of the Social Security Administration Act 1992 F2or section 122(5) of the Housing Act 1996M1, applies to a rent officer for determinations in respect of a 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 II of Schedule 1 when making the determinations (assumptions etc.); and

(c)

give notice in accordance with Part III of Schedule 1 (notifications) F3within the relevant period or as soon as is practicable after that period.

(2)

A rent officer for each registration area (within the meaning of section 43 of the Rent (Scotland) Act 1984 M2) on the first working day of each month shall–

(a)

make determinations in accordance with Part IV of Schedule 1 (indicative rent levels) F4... in the registration area F5...;

(b)

comply with paragraph 8(2) of Part II of Schedule 1 (assumptions etc.) when making the determinations; and

(c)

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

Annotations

Textual amendments

F1: Words in art. 3 substituted (2.7.2001) by The Rent Officers (Housing Benefit Functions) (Scotland) (Amendment) Order 2001 (S.I. 2001/1326), arts. 1(1), 3(1)
F2: Words in art. 3(1) inserted (3.4.2000) by The Rent Officers (Housing Benefit Functions) (Scotland) Amendment Order 2000 (S.I. 2000/3), arts. 1(1), 4(b)
F3: Words in art. 3(1)(c) added (3.4.2000) by The Rent Officers (Housing Benefit Functions) (Scotland) Amendment Order 2000 (S.I. 2000/3), arts. 1(1), 4(c)
F4: Words in art. 3(2)(a) omitted (13.3.2005) by virtue of The Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2005 (S.I. 2005/236), arts. 1(2), 5(1)
F5: Words in art. 3(2)(a) omitted (7.4.2008) by virtue of The Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871), arts. 1(4), 14(1) (with arts. 2, 11)

Marginal citations

M1: 1992 c.5.
M2: 1984 c.58; section 43 was amended by the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 13, paragraph 137(3) and the Deregulation and Contracting Out Act 1994 (c.40), Schedule 16, paragraph 5.