Housing (Scotland) Act 1987

178 Making of control order.S

(1)A local authority may make a control order in respect of a house in their district which, or a part of which, is let in lodgings, or which is occupied by members of more than one family if—

(a)a notice has been served in respect of the house under section 160 or 161 (notices requiring the execution of works),

(b)a direction has been given in respect of the house under section 166 (direction limiting number of occupants),

(c)an order under section 157 is in force in respect of the house (order applying management code), or

(d)it appears to the local authority that the state or condition of the house is such as to call for the taking of action under any of those sections,

and if it appears to the local authority that the living conditions in the house are such that it is necessary to make the control order in order to protect the safety, welfare or health of persons living in the house.

(2)A local authority may exclude from the provisions of a control order any part of the house which, when the control order comes into force, is occupied by a person who has an estate or interest in the whole of the house, and, except where the context otherwise requires, references in this Part to the house do not include references to any part of the house so excluded from the provisions of the control order.

(3)A control order shall come into force when it is made, and as soon as practicable after making a control order the local authority shall, in exercise of the power conferred in the following provisions of this Part and having regard to the duties imposed on them by the said provisions, enter on the premises and take all such immediate steps as appear to them to be required to protect the safety, welfare or health of persons living in the house.

(4)As soon as practicable after making a control order the local authority shall—

(a)post a copy of the control order, together with a notice as described in subsection (5), in some position in the house where it is accessible to those living in the house; and

(b)serve a copy of the control order, together with such a notice, on every person who, to the knowledge of the local authority—

(i)was, immediately before the coming into force of the control order, a person managing the house or a person having control of the house, or

(ii)is an owner or lessee of the house or a person holding a heritable security over the house.

(5)The notice referred to in subsection (4) shall set out the effect of the control order in general terms, referring to the rights of appeal against control orders conferred by this Part and stating the principal grounds on which the local authority consider it necessary to make a control order.

(6)As soon as practicable after making a control order the local authority shall cause the control order to be recorded in the General Register of Sasines or registered in the Land Register, as the case may be.