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Housing (Scotland) Act 2006

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This is the original version (as it was originally enacted).

138Variation of HMO licence

This section has no associated Explanatory Notes

(1)The local authority may vary an HMO licence at any time.

(2)The local authority may do so on the application of the licence holder or of its own accord.

(3)But an HMO licence may not be so varied so as to shorten the period for which the licence has effect.

(4)The local authority must serve notice of any proposed variation on—

(a)where the local authority is proposing the variation, the licence holder,

(b)the chief officer of the fire and rescue authority, and

(c)the chief constable,

and must invite each of them to make oral representations about the proposed variation.

(5)Where the local authority is proposing the variation, the notice required by subsection (4) must give the authority’s reasons for doing so.

(6)The notice and invitation required by subsection (4) must be served not less than 7 days before the local authority proposes to hear any invited representation.

(7)The local authority must consider any such representations made before it decides whether to vary the HMO licence.

(8)A variation of an HMO licence has effect from the latest of the following dates—

(a)the date on which notice of the decision to vary the HMO licence is served on the licence holder under section 158,

(b)where the licence holder, the chief officer of the fire and rescue authority or the chief constable has objected to the variation—

(i)the last date on which the decision to vary the HMO licence may be appealed to the sheriff, or

(ii)where such an appeal is made, the date on which it is abandoned or finally determined other than by quashing the decision to vary, and

(c)any later date as may be specified in the notice of the decision to vary the HMO licence served on the licence holder under section 158.

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