{
  "url": "https://openlegislation.uk/rent-officers-housing-benefit-functions-scotland-order-1997/article-3",
  "json_url": "https://openlegislation.uk/rent-officers-housing-benefit-functions-scotland-order-1997/article-3.json",
  "legislation": "uksi/1997/1995",
  "legislation_title": "The Rent Officers (Housing Benefit Functions) (Scotland) Order 1997",
  "legislation_url": "https://openlegislation.uk/rent-officers-housing-benefit-functions-scotland-order-1997",
  "path": "article/3",
  "kind": "article",
  "number": "3",
  "heading": "Determinations",
  "text": "(1) Subject to articles 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 or section 122(5) of the Housing Act 1996, applies to a rent officer for determinations in respect of a tenancy of a dwelling, a rent officer shall–\n(a) make the determinations in accordance with Part I of Schedule 1 (determinations);\n(b) comply with Part II of Schedule 1 when making the determinations (assumptions etc.); and\n(c) give notice in accordance with Part III of Schedule 1 (notifications) within the relevant period or as soon as is practicable after that period.\n(2) A rent officer for each registration area (within the meaning of section 43 of the Rent (Scotland) Act 1984 ) on the first working day of each month shall–\n(a) make determinations in accordance with Part IV of Schedule 1 (indicative rent levels) ... in the registration area ...;\n(b) comply with paragraph 8(2) of Part II of Schedule 1 (assumptions etc.) when making the determinations; and\n(c) give to the local authority notice of the determinations relating to its area when they have been made.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "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)"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "1992 c.5."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "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."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1997/1995/article/3",
    "retrieved_at": "2026-10-29T11:58:11.869338+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."
}