The Private Landlord Registration (Modification) (Scotland) Order 2005 No. 650

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Statutory Instruments of the Scottish Parliament

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SCOTTISH STATUTORY INSTRUMENTS

2005 No. 650
HOUSING
CRIMINAL LAW
LOCAL GOVERNMENT
The Private Landlord Registration (Modification) (Scotland) Order 2005

	Made	16th December 2005
	Coming into force	1st January 2006

The Scottish Ministers in exercise of the powers conferred by section 83(7) of the Antisocial Behaviour etc. (Scotland) Act 2004[1] and of all other powers enabling them in that behalf, hereby make the following Order, a draft of which has, in accordance with section 141(4) of that Act, been laid before and approved by resolution of the Scottish Parliament:

Citation and commencement
1. This Order may be cited as the Private Landlord Registration (Modification) (Scotland) Order 2005 and shall come into force on 1st January 2006.

Modification of section 83
2. Section 83 of the Antisocial Behaviour etc. (Scotland) Act 2004 is modified as follows–

(a) omit "or" which immediately follows subsection (6)(c); and

(b) after subsection (6)(d) insert–

" (e) the house is the only or main residence of the relevant person;

(f) the house is–

(i) on agricultural land which is land comprised in a lease constituting a 1991 Act tenancy within the meaning of the Agricultural Holdings (Scotland) Act 2003[

(g) the house is on a croft (within the meaning of section 3 of the Crofters (Scotland) Act 1993[3]);

(h) the house is–

(i) the house is occupied by virtue of a liferent;

(j) the house is–

(k) the house is part of an estate of a deceased person and has been held by an executor for a period not exceeding 6 months from the date of death; or

(l) the house is in the lawful possession of a heritable creditor and has been held by that creditor for a period not exceeding 6 months from the date of possession.".

MALCOLM CHISHOLM
A member of the Scottish Executive

St Andrew's House, Edinburgh
16th December 2005

EXPLANATORY NOTE

(This note is not part of the Order)

This Order modifies section 83(6) of the Antisocial Behaviour etc. (Scotland) Act 2004.

Section 83 of the Act provides for the application for registration by landlords for the purposes of Part 8 of the Act.

Section 83(6) lists categories of houses the use of which is to be disregarded for the purposes of registration. This Order adds additional categories to that list.

A Regulatory Impact Assessment has been prepared for this Order.

Notes:

[1] 2004 asp 8.back

[2] 2003 asp 11.back

[3] 1993 c.44.back

ISBN 0 11 069886 X

Prepared 29 December 2005

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	Statutory Instruments of the Scottish Parliament
You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Private Landlord Registration (Modification) (Scotland) Order 2005 No. 650 URL: http://www.bailii.org/scot/legis/num_reg/2005/20050650.html