PART 5 continued
(7) The sheriff may not determine the appeal in a manner described in subsection (6)(b) where the decision appealed against is a decision to serve an HMO amenity notice.
(8) On remitting a decision the sheriff may—
(a) set a date by which the local authority must, after reconsidering the decision, confirm, vary, reverse or revoke it,
(b) modify any procedural steps which would otherwise be required by or under any enactment (including this Act) in relation to the reconsideration.
(9) A determination by the sheriff may be appealed to the sheriff principal within 28 days of the sheriff’s determination.
(10) The sheriff principal’s decision on any such appeal is final.
(11) The sheriff may make such order about the expenses of an appeal under subsection (1) as the sheriff thinks fit (and the sheriff principal may make such an order in relation to any subsequent appeal).
(12) References in the other provisions of this Part to the date on which an appeal to the sheriff is finally determined are to be read as references—
(a) where the appeal is determined by the sheriff under subsection (6)(a) or (c)—
(i) to the last date on which the determination may be appealed to the sheriff principal under subsection (9), or
(ii) where such an appeal is made, to the date on which that appeal is abandoned or determined by the sheriff principal, or
(b) where the appeal is determined by the sheriff under subsection (6)(b), to the date of the determination.
(13) Subsection (12)(b) does not affect any entitlement to appeal to the sheriff principal under subsection (9) against a determination by the sheriff under subsection (6)(b).
(14) A reference in this Part to the last date on which a decision may be appealed under this section to the sheriff is, where that date is in any case changed under subsection (5), to be read as referring to the new date only if the change is made before the date on which the right to appeal would otherwise expire.
(1) A local authority must keep a register containing information about HMO licences for living accommodation situated in its area (and applications for them).
(2) A local authority must enter in its HMO register—
(a) details of each application for an HMO licence including—
(i) the name of the applicant,
(ii) the address of the living accommodation concerned,
(iii) the name of any agent specified in the application,
(iv) a note of the date on which the application is made,
(b) a note of its decision on each such application,
(c) details of any HMO licence granted in pursuance of that decision including—
(i) a note of any conditions included in the HMO licence,
(ii) a note of any variation, revocation or cancellation of the HMO licence, and
(d) such other information as it thinks fit.
(3) A local authority must exclude from its HMO register any information it would otherwise be required by subsection (2) to enter in the register if the authority considers that entering the information is likely to jeopardise—
(a) the safety or welfare of any person, or
(b) the security of any premises.
(4) A local authority must make its HMO register available for public inspection at all reasonable times.
(5) A person who requests a local authority to provide a certified copy of any entry in its HMO register is, if the request is reasonable, entitled to be given that certified copy.
(6) Any such copy entry which purports to be certified by a proper officer of the local authority is sufficient evidence of the terms of the entry.
(1) The local authority is entitled to charge a fee in relation to—
(a) an application for an HMO licence,
(b) the issue of a certified copy of an HMO licence under section 140(3),
(c) the issue of a certified copy of an entry in the authority’s HMO register.
(2) The Scottish Ministers may by order make provision about the charging of fees under subsection (1).
(3) Such an order may, in particular—
(a) set the amount, or maximum amount, of any such fee,
(b) set out how such fees are to be arrived at,
(c) specify circumstances in which no fee is payable,
(d) specify circumstances in which fees are to be refunded.
The Scottish Ministers may pay to a local authority such sums as they think fit for the purpose of enabling or assisting the authority to exercise its functions under this Part.
(1) A local authority must have regard to any guidance issued by the Scottish Ministers about the exercise of its functions under this Part.
(2) Such guidance may make different provision for different cases and, in particular, for different areas, different types of living accommodation, different types of person or different types of local authority.
(3) Before issuing any such guidance the Scottish Ministers must consult—
(a) local authorities, and
(b) such other persons as they think fit.
(4) The Scottish Ministers must issue any such guidance in such manner as they consider appropriate for the purpose of bringing it to the notice of local authorities generally or, as the case may be, the local authority concerned.
(5) The Scottish Ministers may vary or revoke any guidance issued for the purposes of this section.
(1) Where living accommodation is owned jointly by two or more persons, an application for an HMO licence for the living accommodation may be made by—
(a) any one of those owners, or
(b) any two or more of those owners jointly,
and references in this Part to an “applicant” or a “licence holder” are to be construed accordingly.
(2) Where one or more (but not all) of the joint licence holders ceases to be an owner of the living accommodation concerned, the HMO licence is to be treated as having been granted to any licence holder who remains an owner.
(3) Where one or more (but not all) of the joint licence holders applies to the local authority to be removed as licence holders, the local authority must—
(a) vary the HMO licence accordingly, and
(b) serve notice of that variation on—
(i) the persons removed as licence holders,
(ii) the remaining licence holder,
(iii) the chief officer of the fire and rescue authority, and
(iv) the chief constable,
within 7 days of the variation.
(4) A variation under subsection (3) has effect from the day on which notice of the variation is served on the remaining licence holder.
(1) Where the local authority serves a notice on an applicant or licence holder under this Part (except section 144), the local authority must serve a copy of the notice (and any documents accompanying it) on any agent specified in the application or, as the case may be, the HMO licence.
(2) But service under subsection (1) does not entitle the agent to make representations or appeal any decision under this Part except on behalf of the applicant or licence holder.
In this Part—
“applicant” means a person who applies for an HMO licence,
“chief constable”, when referred to in relation to any living accommodation, means the chief constable of the police force maintained for the area in which the living accommodation is situated,
“finally determined”, in relation to an appeal to the sheriff, has the meaning given in section 159(12),
“HMO register”, in relation to a local authority, means the register kept by it under section 160,
“licence holder” means a person who holds an HMO licence,
“proper officer”, in relation to a local authority, is to be construed in accordance with section 235(3) of the Local Government (Scotland) Act 1973 (c. 65).