Housing (Scotland) Act 1987

156 Power of Secretary of State to make management code.S

(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).