Search Legislation

Private Rented Housing (Scotland) Act 2011

Status:

This is the original version (as it was originally enacted).

9Power to obtain information

This section has no associated Explanatory Notes

After section 97 of the 2004 Act insert—

Information

97APower to obtain information

(1)A local authority may, for the purpose of enabling or assisting it to exercise any function under this Part, require any person appearing to it to fall within subsection (2) to provide the local authority with, in relation to any house within the local authority’s area—

(a)confirmation of the nature of that person’s interest in the house;

(b)the name and address of, and information about that person’s relationship with, any other person whom that person knows to—

(i)own, occupy or have any other interest in the house;

(ii)act in relation to a lease or occupancy arrangement to which that house is subject; or

(iii)act for the person who owns the house with a view to a lease or occupancy arrangement being entered into in relation to that house;

(c)such other information relating to the house, or such other person, as the local authority may reasonably request.

(2)A person falls within this subsection if the person—

(a)owns, occupies or has any other interest in the house concerned;

(b)acts in relation to a lease or occupancy arrangement to which that house is subject; or

(c)acts for the person who owns the house with a view to a lease or occupancy arrangement being entered into in relation to that house.

(3)A local authority may, for the purpose of enabling or assisting it to exercise any function under this Part, require any person appearing to it to fall within subsection (4) to provide the local authority with—

(a)confirmation of the nature of that person’s interest in any house within the local authority’s area in relation to which the person acts;

(b)the address of any such house;

(c)the name and address of, and information about that person’s relationship with, any other person whom that person knows to own any such house;

(d)such other information relating to any such house, or such other person, as the local authority may reasonably request.

(4)A person falls within this subsection if the person—

(a)acts in relation to a lease or occupancy arrangement to which any house within the local authority’s area is subject; or

(b)acts for the person who owns the house with a view to a lease or occupancy arrangement being entered into in relation to such a house.

(5)A requirement under subsection (1) or (3) is to be made by serving it on the person concerned in accordance with section 97B.

(6)It is an offence for a person—

(a)without reasonable excuse, to fail to comply with a requirement made under this section; or

(b)knowingly or recklessly to provide information which is false or misleading in a material respect to a local authority or any other person—

(i)in purported compliance with a requirement made under this section; or

(ii)otherwise if the person knows, or could reasonably be expected to know, that the information may be used by, or provided to, a local authority in connection with its functions under this Part.

(7)A person guilty of such an offence is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

97BPower to obtain information: service of requirement

(1)A requirement under section 97A(1) or (3) must be in writing.

(2)A requirement under section 97A(1) or (3) is served on a person if it is—

(a)delivered to the person at the place mentioned in subsection (3);

(b)sent, by post in a prepaid registered letter or by the recorded delivery service, to the person at that place; or

(c)sent to the person in some other manner (including by electronic means) which the local authority reasonably considers likely to cause it to be delivered to the person on the same or next day.

(3)The place referred to in subsection (2) is—

(a)where the person is an individual, that person’s place of business or usual or last known place of abode;

(b)where the person is an incorporated company or body, its registered or principal office.

(4)Subsection (5) applies where service of a requirement by one of the methods described in subsection (2) has been attempted and failed.

(5)Where this subsection applies, a requirement under section 97A(1) or (3) may be served on the person by—

(a)where the person is an individual, leaving a copy of the requirement at that person’s place of business or usual or last known place of abode;

(b)where the person is an incorporated company or body, leaving a copy of the requirement at the person’s registered or principal office.

(6)Subsection (7) applies where the local authority is unable to deliver or send a requirement under section 97A(1) or (3) to the owner or occupier of any house or other premises because the local authority is not (having made reasonable enquiries) aware of the name or address of that owner or occupier.

(7)Where this subsection applies, a requirement under section 97A(1) or (3) may be served by addressing a copy of it to “The Owner” or, as the case may be, “The Occupier” of the house and leaving it at the house or other premises.

(8)A requirement which is sent by electronic means is to be treated as being in writing if it is received in a form which is legible and capable of being used for subsequent reference..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources