Office of Public Sector Information
(1)A local authority may make and submit to the Secretary of State for confirmation by him a registration scheme authorising the authority to compile and maintain a register for their district of—
(a)houses which, or a part of which, are let in lodgings, or which are occupied by members of more than one family; and
(b)buildings which comprise separate dwellings, two or more of which lack either or both of the following—
(i)a sanitary convenience accessible only to those living in the dwelling, and
(ii)personal washing facilities so accessible,
and the Secretary of State may, if he thinks fit, confirm the scheme, with or without modification.
(2)A registration scheme need not be for the whole of a local authority’s district and need not be for every description of house or building falling within paragraphs (a) and (b) of subsection (1).
(3)A registration scheme may—
(a)specify the particulars to be inserted in the register;
(b)make it the duty of such persons as may be specified by the scheme to notify the local authority of the fact that a house or building appears to be registrable, and to give to the authority as regards the house or building all or any of the particulars specified in the scheme;
(c)make it the duty of such persons to notify the authority of any change which makes it necessary to alter the particulars inserted in the register as regards any house or building; and
(d)make a contravention of, or failure to comply with, any provision in the scheme an offence under the scheme, and a person guilty of an offence under the scheme shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(4)A registration scheme may vary or revoke a previous registration scheme and a local authority may at any time, with the consent of the Secretary of State, by order revoke a registration scheme.
(5)A registration scheme shall not come into force until it has been confirmed but, subject to that, comes into force on such date as may be fixed by the scheme or, if no date is so fixed, at the expiration of one month after it is confirmed.
(1)The local authority shall publish notice of their intention to submit a registration scheme to the Secretary of State for confirmation in one or more newspapers circulating in their district at least one month before the scheme is submitted to the Secretary of State for confirmation by him.
(2)As soon as any such scheme is confirmed by the Secretary of State, the local authority shall publish in one or more newspapers circulating in their district a notice—
(a)stating the fact that a registration scheme has been confirmed, and
(b)describing any steps which will have to be taken under the scheme by those concerned with registrable houses and buildings (other than steps which have only to be taken after a notice from the local authority), and
(c)naming a place where a copy of the scheme may be seen at all reasonable hours.
(3)A copy of a registration scheme confirmed by the Secretary of State—
(a)shall be printed and deposited at the offices of the local authority by whom it was made, and
(b)shall at all reasonable hours be open to public inspection without payment, and
(c)a copy thereof shall on application be furnished to any person on payment of such sum, not exceeding 5p for every copy, as the authority may determine.
(4)If a local authority revoke a registration scheme by order they shall publish notice of the order in one or more newspapers circulating in their district.
The production of a printed copy of a registration scheme purporting to be made by a local authority upon which is endorsed a certificate purporting to be signed by the proper officer of the authority stating—
(a)that the scheme was made by the authority,
(b)that the copy is a true copy of the scheme, and
(c)that on a specified date the scheme was confirmed by the Secretary of State,
shall be prima facie evidence of the facts stated in the certificate, and without proof of the handwriting or official position of the person by whom the certificate purports to be signed.
(1)Without prejudice to the provisions of section 325 (power of local authority to require occupier to state interest), a local authority may—
(a)for the purpose of ascertaining whether a house or building is registrable, and
(b)for the purpose of ascertaining the particulars to be entered in the register as regards the house or building,
require any person who has an estate or interest in, or who lives in, the house or building to state in writing any information in his possession which the authority may reasonably require for that purpose.
(2)Any person who, having been required in pursuance of this section to give information to a local authority, fails to give information, or knowingly makes any mis-statement in respect of it, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(1)The Secretary of State may by regulations contained in a statutory instrument with a view to providing a code for the management of houses which may be applied under section 157, make provision for the purpose of ensuring that the person managing a house which, or a part of which, is let in lodgings, or which is occupied by members of more than one family observes proper standards of management.
(2)Without prejudice to the generality of subsection (1), the regulations may, in particular, require the person managing a house to which the regulations apply to ensure the repair, maintenance, cleansing and good order of—
(a)all means of water supply and drainage in the house;
(b)kitchens, bathrooms and water closets used in common by persons living in the house;
(c)sinks and wash-basins used in common by persons living in the house;
(d)the roof and windows forming part of the house;
(e)common staircases, corridors and passage ways;
(f)outbuildings, yards and gardens used in common by persons living in the house;
and to make satisfactory arrangements for the disposal of refuse and litter from the house.
(3)The regulations may—
(a)make different provision for different types of houses;
(b)provide for keeping a register of the names and addresses of those who are managers of houses;
(c)impose duties on persons who have an estate or interest in a house or any part of a house to which the regulations apply as to the giving of information to the local authority, and in particular may make it the duty of any person who acquires or ceases to hold an estate or interest in such a house to notify the authority;
(d)impose duties on persons who live in a house to which the regulations apply for the purpose of ensuring that the person managing the house can effectively carry out the duties imposed on him by the regulations;
(e)authorise the local authority to obtain information as to the number of individuals or households accommodated in the house;
(f)make it the duty of the person managing the house to cause a copy of the order under section 157 and of the regulations, to be displayed in a suitable position in the house;
(g)contain such other incidental and supplementary provisions as may appear to the Secretary of State to be expedient.
(4)If any person knowingly contravenes or without reasonable excuse fails to comply with any regulation under this section as applied under this Act in relation to any house he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5)In this section, “person managing a house” means—
(a)the person who is an owner or lessee of the house and who, directly or through a trustee, tutor, curator, factor or agent, receives rents or other payments from persons who are tenants of parts of the house, or who are lodgers; and
(b)where those rents or other payments are received through another person as his trustee, tutor, curator, factor or agent, that other person.
(6)Regulations under this section may vary or replace for the purposes of this section and of the regulations made under it the definition of the “person managing a house” in subsection (5).
(1)If it appears to a local authority that a house which, or a part of which, is let in lodgings, or which is occupied by members of more than one family is in an unsatisfactory state in consequence of failure to maintain proper standards of management and, accordingly, that it is necessary that the regulations made under section 156 should apply to the house, the authority may by order direct that those regulations shall so apply; and so long as the order is in force the regulations shall apply in relation to the house accordingly.
(2)Not less than 21 days before making an order under this section, the local authority shall—
(a)serve on an owner of the house, and on every person who is to their knowledge a lessee of the house, notice of their intention to make the order, and
(b)post such a notice in some position in the house where it is accessible to those living in the house,
and shall afford to any person on whom a notice is served an opportunity of making representations regarding their proposal to make the order.
(3)The order comes into force on the date on which it is made.
(4)The local authority shall within 7 days from the making of the order—
(a)serve a copy of the order on an owner of the house and on every person who is to their knowledge a lessee of the house, and
(b)post a copy of the order in some position in the house where it is accessible to those living in the house.
(5)The local authority may at any time revoke the order on the application of a person having an estate or interest in the house.
(1)A person on whom a copy of an order is served under section 157(4), and any other person who is a lessee of the house, may, within 14 days from the latest date by which copies of the order are required to be served, appeal to the sheriff on the ground that the making of the order was unnecessary.
(2)On an appeal under subsection (1) the sheriff shall take into account the state of the house at the time when the local authority under section 157 served notice of their intention to make the order, as well as at the time of the making of the order, and shall disregard any improvement in the state of the house between those times unless the sheriff is satisfied that effective steps have been taken to ensure that the house will in future be kept in a satisfactory state.
(3) If the sheriff allows the appeal, he shall revoke the order, but without prejudice to its operation prior to the revocation and without prejudice to the making of a further order.
(4)If a local authority—
(a)refuse an application for the revocation of an order under section 157(5), or
(b)do not within 42 days from the making of the application, or within such further period as the applicant may in writing allow, notify the applicant of their decision on the application,
the applicant may appeal to the sheriff and the sheriff, if of the opinion that there has been a substantial change in the circumstances since the making of the order, and that it is in other respects just to do so, may revoke the order.
(1)The local authority shall as soon as practicable after an order under section 157 has come into force cause the order to be recorded in the General Register of Sasines or registered in the Land Register, as the case may be.
(2)If any such order is revoked the authority shall as soon as practicable cause to be recorded in the General Register of Sasines or registered in the Land Register, as the case may be, a notice stating that the order has been revoked.
(1)If in the opinion of the local authority the condition of a house is defective in consequence of—
(a)neglect to comply with the requirements imposed by regulations under section 156 (regulations prescribing management code), or
(b)in respect of a period falling wholly or partly before the regulations applied to the house, neglect to comply with standards corresponding to the requirements imposed by the regulations,
the authority may serve on the person managing the house a notice specifying the works which in the opinion of the authority are required to make good the neglect, and requiring the person on whom the notice is served to execute those works.
(2)If it is not practicable after reasonable inquiry to ascertain the name or address of the person managing the house, the notice under this section may be served by addressing it to him by the description of “manager of the house” (naming the house to which it relates) and by delivering it to some person on the premises.
(3)The notice shall require the execution of the works specified in the notice within such period, being not less than 21 days from the service of the notice, as may be so specified.
(4)That period may from time to time be extended by written permission of the local authority.
(5)Where the local authority serve a notice on any person under this section they shall inform any other person who is to their knowledge an owner or lessee of the house or a person holding a heritable security over the house of the fact that such a notice has been served.
(1)The local authority may serve a notice under this section where the condition of a house which, or a part of which, is let in lodgings, or which is occupied by members of more than one family is, in the opinion of the authority, so far defective with respect to any of the matters mentioned in subsection (2), having regard to the number of individuals or households, or both, accommodated for the time being on the premises, as not to be reasonably suitable for occupation by those individuals or households.
(2)The matters referred to in subsection (1) are—
natural and artificial lighting,
ventilation,
water supply,
personal washing facilities,
drainage and sanitary conveniences,
facilities for the storage, preparation and cooking of food, and for the disposal of waste water,
installations for space heating or for the use of space heating appliances.
(3)The notice shall specify the works which in the opinion of the authority are required for rendering the premises reasonably suitable—
(a)for occupation by the individuals and households for the time being accommodated there, or
(b)for a smaller number of individuals or households and the number of individuals or households, or both, which, in the opinion of the authority, the premises could reasonably accommodate if the works were carried out.
(4)The notice shall be served either—
(a)on the person having control of the house, or
(b)on any person to whom the house is let, or on any person who, as the trustee, tutor, curator, factor or agent for or of a person to whom the house is let, receives rents or other payments from tenants of parts of the house or lodgers in the house.
(5)The notice shall require the person on whom it is served to execute the works specified in the notice within such period (of at least 21 days from the service of the notice) as may be so specified.
(6)That period may from time to time be extended by written permission of the authority.
(7)If the local authority are satisfied that—
(a)after the service of a notice under this section in respect of any premises the number of individuals living on those premises has been reduced to a level which will make the work specified in the notice unnecessary, and
(b)that number will be maintained at or below that level whether in consequence of exercise of the authority’s powers under section 166 (powers to limit number of occupants of houses) or otherwise,
they may notify in writing the person on whom the notice was served of the withdrawal of the notice, but the withdrawal of the notice shall be without prejudice to the issue of a further notice.
(8)Where the local authority serve a notice on any person under this section they shall inform any other person who is to their knowledge an owner or lessee of the house or a person holding a heritable security over the house of the fact that such a notice has been served.
(1)If it appears to a local authority that a house which, or a part of which, is let in lodgings, or which is occupied by members of more than one family is not provided with such means of escape from fire as the authority consider necessary, the authority may, subject to this section, serve on any person on whom a notice may be served under section 161 a notice specifying the works which in the opinion of the authority are required to provide such means of escape, and requiring the person on whom the notice is served to execute those works.
(2)A local authority shall serve such a notice if such house is of such description or occupied in such manner as the Secretary of State may, with the consent of the Treasury, specify by order a draft of which has been approved by the House of Commons.
(3)A local authority shall, before serving a notice under this section, consult with the fire authority concerned.
(4)A notice under this section shall require the execution of the works within such period, being not less than 21 days from the service of the notice, as may be specified in the notice, but that period may from time to time be extended by written permission of the local authority.
(5)Where the local authority serve a notice on any person under this section they shall inform any other person who is to their knowledge an owner or lessee of the house or a person holding a heritable security over the house of the fact that such a notice has been served.
(6)In this section “fire authority” has the same meaning as in section 82.
(1)A person on whom a notice is served under section 160, 161 or 162 or any other person who is an owner or lessee of the house, or a person holding a heritable security over the house, to which the notice relates, may, within 21 days from the service of the notice, or within such longer period as the local authority may in writing allow, appeal to the sheriff on any of the grounds specified in subsection (2).
(2)Those grounds are—
(a)that there has been some informality, defect or error in, or in connection with, the notice;
(b)that the local authority have refused unreasonably to approve the execution of alternative works, or that the works required by the notice to be executed are otherwise unreasonable in character or extent, or are unnecessary;
(c)that the time within which the works are to be executed is not reasonably sufficient for the purpose;
(d)that some person other than the appellant is wholly or in part responsible for the state of affairs calling for the execution of the works, or will as the holder of an estate or interest in the premises derive a benefit from the execution of the works, and that that other person ought to pay the whole or any part of the expenses of executing the works;
(e)in the case of a notice under section 160, that the condition of the house did not justify the local authority in requiring the execution of the works specified in the notice;
(f)in the case of a notice under section 161, that—
(i)having regard to the matters mentioned in subsections (1) and (2) of that section, the condition of the house did not justify the local authority in requiring the execution of the works specified in the notice;
(ii)the number of individuals or households, or both, specified in the notice is unreasonably low;
(g)in the case of a notice under section 162, that the notice is not justified by the terms of that section.
(3)In an appeal on ground (a), the sheriff shall dismiss the appeal if he is satisfied that the informality, defect or error was not a material one.
(4)In an appeal on ground (d)—
(a)the appellant shall serve a copy of his notice of appeal on each other person referred to in that notice, and
(b)on the hearing of the appeal the sheriff may, if satisfied that any other person referred to in the notice of appeal has had proper notice of the appeal, make such order as he thinks fit with respect to the payment to be made by that other person to the appellant or, where the work is executed by the local authority, to the authority.
(5)If on an appeal under this section against a notice under section 161, the sheriff is satisfied that the number of persons living in the house has been reduced, and that adequate steps (whether by the exercise by the exercise by the local authority of the power conferred by section 166 to limit the number of persons living in the house or otherwise) have been taken to prevent that number being again increased, the sheriff may, if he thinks fit, revoke the notice or vary the list of works specified in the notice.
(1)If a notice under section 160, 161 or 162 (notice requiring the execution of works) is not complied with, the local authority may themselves do the works required by the notice, with any variation made by the sheriff.
(2)Compliance with a notice means the completion of the works specified in the notice within the period for compliance, which is—
(a)if no appeal is brought against the notice, the period specified in the notice with any extension duly permitted by the local authority;
(b)if an appeal is so brought, and the notice is confirmed in whole or in part on the appeal, the period of 28 days from the final determination of the appeal, or such longer period as the sheriff in determining the appeal may fix.
(3)If, before the expiration of the period for compliance with the notice, the person on whom the notice was served notifies the local authority in writing that he is not able to do the work in question, the authority may, if they think fit, themselves do the work forthwith.
(4)Part IV of Schedule 11 shall have effect in relation to the recovery by the local authority of expenses reasonably incurred by them under this section.
(1)A person on whom a notice has been served under section 160, 161 or 162 who wilfully fails to comply with the notice, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding—
(a)in the case of a notice under section 160 or 161, level 3 on the standard scale;
(b)in the case of a notice under section 162, level 4 on the standard scale.
(2)The obligation to execute the works specified in the notice continues notwithstanding that the period for compliance has expired; and a person who wilfully fails to comply with that obligation, after being convicted of an offence in relation to the notice under subsection (1) or this subsection, commits a further summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.
(3)References in this section to compliance with a notice and to the period for compliance shall be construed in accordance with section 164(2).
(4)No liability arises under subsection (1) if the local authority, on being notified under section 164(3) by the person on whom any such notice requiring the execution of works was served that he is not able to do the work in question, serve notice that they propose to do the work and relieve the person served with the notice from liability under subsection (1).
(5)Subsection (1) shall be without prejudice to the exercise by the local authority of their powers of carrying out works under section 164.
(1)A local authority may, for the purpose of preventing the occurrence of, or remedying, a state of affairs calling for the service of a notice or further notice under section 161, fix as a limit for any house what is in their opinion the highest number of individuals who should, having regard to the considerations set out in subsections (1) and (2) of that section, live in the house in its existing condition, and give a direction applying that limit to the house.
References in this section to a house include references to part of a house, and the local authority shall have regard to the desirability of applying separate limits where different parts of a house are, or are likely to be, occupied by different persons.
(2)The powers conferred by this section shall be exercisable whether or not a notice has been given under section 161 and where a local authority have served a notice under subsection (3) of that section specifying the number of individuals or households, or both, which in the opinion of the authority any premises could reasonably accommodate if the works specified in the notice were carried out, the authority may adopt that number of individuals, or a number of individuals determined by reference to that number of households, in fixing a limit under subsection (1) as respects those premises.
(3)The powers conferred by subsection (1) may be exercised as regards any premises nothwithstanding the existence of any previous direction under the subsection laying down a higher maximum.
(4)A direction under subsection (1) shall have effect so as to make it the duty of the occupier for the time being of the house—
(a)not to permit any individual to take up residence in the house so as to increase the number of individuals living in the house to a number above the limit specified in the direction, and
(b)where the number of individuals living in the house is for the time being above the limit so specified and any individual ceases to reside in the house, not to permit any other individual to take up residence in the house.
In this subsection the reference to the occupier for the time being of a house shall include a reference to any person who is for the time being entitled or authorised to permit individuals to take up residence in the house or any part of it.
(5)If any person knowingly fails to comply with the requirements imposed on him by subsection (4) he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1)A local authority shall, not less than 7 days before giving a direction under section 166—
(a)serve on an owner of the house, and on every person who is to their knowledge a lessee of the house, notice of their intention to give the direction, and
(b)post such a notice in some position in the house where it is accessible to those living in the house,
and shall afford to any person on whom a notice is so served an opportunity of making representations regarding their proposal to give the direction.
(2)The local authority shall within 7 days from the giving of any such direction—
(a)serve a copy of the direction on an owner of the house and on every person who is to their knowledge a lessee of the house, and
(b)post a copy of the direction in some position in the house where it is accessible to those living in the house.
(1)The local authority may from time to time serve on the occupier of a house or part of a house in respect of which a direction under section 166 is in force a notice requiring him to furnish them within 7 days with a statement in writing giving all or any of the following particulars—
(a)the number of individuals who are, on a date specified in the notice, living in the house or part of the house, as the case may be;
(b)the number of families or households to which those individuals belong;
(c)the names, ages and sex of those individuals and the names of the heads of each of those families or households;
(d)the rooms used by those individuals and families or households respectively.
(2)If the occupier makes default in complying with the requirements or furnishes a statement which to his knowledge is false in any material particular, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(1)At any time after giving such a direction the local authority may on the application of any person having an estate or interest in the house—
(a)revoke that direction, or
(b)vary it so as to allow more people to be accommodated in the house.
(2)In exercising their powers under subsection (1) the local authority shall have regard to—
(a)any works which have been executed in the house, or
(b)any other change of circumstances.
(1)If the local authority refuse an application under section 169 or do not within 42 days from the making of such an application, or within such further period as the applicant may in writing allow, notify the applicant of their decision on the application, the applicant may appeal to the sheriff.
(2)The sheriff may revoke the direction or vary it in any manner in which it might have been varied by the authority.
(1)Subject to the provisions of this section, sections 156 to 161 apply—
(a)to a building which is not a house but comprises separate dwellings, two or more of which lack either or both of the following—
(i)a sanitary convenience accessible only to those living in the dwelling, and
(ii)personal washing facilities so accessible, and
(b)to a building which is not a house but comprises separate dwellings, two or more of which are wholly or partly let in lodgings or occupied by members of more than one family,
being in either case a building all the dwellings in which are owned by the same person, as if references in those sections to a house which, or part of which, is let in lodgings or which is occupied by members of more than one family included references to any such building.
(2)A notice under section 161(3)(b) shall not by virtue of this section be served in respect of such a building.
(3)A direction under section 166 shall not by virtue of this section be given in relation to such a building.
(4)If a local authority make an order under section 157, as applied by subsection (1), in respect of any building at a time when another order under that section is in force as respects one of the dwellings in the building, they shall revoke the last-mentioned order.
(5)References to a house in sections 163, 164, 175 and 177 shall include references to a building to which this section applies.
(1)If—
(a)all the dwellings in any tenement are owned by the same person, and
(b)all or any of those dwellings are without one or more of the standard amenities,
sections 156 to 160 shall apply to the tenement as if references in those sections to a house which, or a part of which, is let in lodgings, or which is occupied by members of more than one family included references to the tenement.
(2)If a local authority make an order under section 157, as applied by subsection (1), in respect of any tenement at a time when another order under that section is in force as respects one of the dwellings in the tenement, they shall revoke the last-mentioned order.
(3)References to a house in section 163 (so far as relating to appeals against notices under section 160) and in sections 164, 175 and 177 shall include references to a tenement to which this section applies.
(4)In this section—
“dwelling” means a building or part of a building occupied or intended to be occupied as a separate house;
“tenement” means a building which contains two or more flats.
Housing (Scotland) Act 1987