| Guvnor

Enforced by: Local Authority, Scottish Government
Status: Amended (in force with amendments)
Penalty ceiling: Imprisonment 4 of 35 obligations carry a fine up to £1,000. 5 carry different penalties and 26 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person5 Trader2 Licence Holder2 Landlord2 Director or Officer2 Occupier2

Plus 20 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2684 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Trader — also bound by 864 other Acts

Value Added Tax Regulations 1995 416 duties

Companies Act 2006 244 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 133 duties

Companies Act 1985 85 duties

Insolvency (England and Wales) Rules 2016 62 duties

Licence Holder — also bound by 245 other Acts

Petroleum (Current Model Clauses) Order 1999 318 duties

The Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004 123 duties

Human Medicines Regulations 2012 83 duties

Space Industry Regulations 2021 68 duties

The Petroleum (Production) (Landward Areas) Regulations 1991 65 duties

Landlord — also bound by 238 other Acts

Renting Homes (Wales) Act 2016 74 duties

Housing Act 1985 55 duties

Housing Act 1996 30 duties

The Service Charges (Consultation Requirements) (England) Regulations 2003 27 duties

The Service Charges (Consultation Requirements) (Wales) Regulations 2004 26 duties

Director or Officer — also bound by 482 other Acts

Insolvency (England and Wales) Rules 2016 162 duties

Companies Act 2006 126 duties

Insolvency Act 1986 77 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 68 duties

Building Societies Act 1986 32 duties

Occupier — also bound by 246 other Acts

The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 47 duties

Avian Influenza and Influenza of Avian Origin in Mammals (England) (No. 2) Order 2006 46 duties

The Welfare of Animals (Slaughter or Killing) Regulations 1995 34 duties

Highways Act 1980 23 duties

Nitrate Pollution Prevention Regulations 2015 19 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.003 Reasonable preference in allocation of social housing Regulated

Give reasonable preference to priority groups when selecting social housing tenantsLandlord

s.011 Short Scottish secure tenancy: recovery of possession Regulated

Review possession decision if tenant requests and notify outcomeLandlord

s.028 Private rented housing: Enhanced Enforcement Areas Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must create Enhanced Enforcement Area schemeCrown / Minister / Government department

s.029 Register of letting agents Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must establish and maintain letting agent registerCrown / Minister / Government department

s.031 Offence of providing false information in an application Prosecution

Provide false information in letting agent registration applicationAny Person

Fine up to £1,000

s.032 Decision on application Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must decide letting agent registration applicationsCrown / Minister / Government department

s.033 Time limit for determining application Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must decide letting-agent registration applications within 12 monthsCrown / Minister / Government department

s.034 Fit and proper person considerations Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must consider fit and proper criteria for letting agent registrationCrown / Minister / Government department

s.036 Letting agent registration number Regulated

Include your letting agent registration number on documents and advertsTrader

s.037 Duty to inform: change of circumstances Regulated

Notify Scottish Ministers when your registration details changeTrader

s.038 Duration of registration Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must remove letting agents who fail to renew on timeCrown / Minister / Government department

s.039 Revocation of registration Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must give letting agents notice and right to respond before removalCrown / Minister / Government department

s.040 Removal from register on application Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must remove qualifying letting agents from register and notify themCrown / Minister / Government department

s.042 Note on register where refusal or removal Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must note letting agent registration refusals and removals on the registerCrown / Minister / Government department

s.043 No payment for letting agency work where refusal or removal Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must publish notice of refusal/removal from letting agent registerCrown / Minister / Government department

s.044 Offence of operating as a letting agent without registration Imprisonment

Operate as letting agent without registrationAny Person

s.045 Offence of using a registration number where no registration Prosecution

Use letting agent registration number when not registeredAny Person

Fine up to £1,000

s.046 Letting Agent Code of Practice Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must consult on draft letting agent code before making regulationsCrown / Minister / Government department

s.050 Failure to comply with enforcement order Regulated

Other duties (1) — Crown / regulator

First-tier Tribunal must notify Scottish Ministers of letting agent non-complianceTribunal / Court

s.051 Enforcement orders: offence Prosecution

Fail to comply with letting agent enforcement orderAny Person

Fine up to £1,000

s.055 Inspections: supplemental Regulated

Other duties (1) — Crown / regulator

Authorised inspectors must give notice, identify themselves and secure premisesLocal authority

s.056 Information and inspection: offence Prosecution

Fail to provide housing information or obstruct inspectionAny Person

Fine up to £1,000

s.058 Offences by bodies corporate etc. Regulated

Consent to or neglect a housing offence by your companyDirector or Officer

s.065 Issue, renewal, transfer and transmission of a Part 1A site licence Regulated

Other duties (1) — Crown / regulator

Local authority must decide site licence applications within the statutory time limitLocal authority

s.067 Duty to inform local authority where change Regulated

Tell your local authority when you appoint a site manager or your site licence details changeLicence Holder

s.068 Revocation of a Part 1A site licence: fit and proper person Regulated

Other duties (1) — Crown / regulator

Local authority must follow fit-and-proper revocation procedure for site licencesLocal authority

s.071 Fit and proper person considerations Regulated

Other duties (1) — Crown / regulator

Local authority must consider listed factors when deciding fit and proper personLocal authority

s.074 Offences relating to relevant permanent sites Prosecution

Use land as a relevant permanent site without a Part 1A site licenceOccupier

Fine up to £50,000

s.075 Improvement notices Regulated

Comply with improvement notice within the specified periodLicence Holder

s.076 Penalty notices Regulated

Operate permanent caravan site without licence or ignore improvement noticeOccupier

s.078 Emergency action Regulated

Other duties (1) — Crown / regulator

Local authority must take emergency action to remove imminent risk of serious harmLocal authority

s.081 Offences by bodies corporate etc. under Part 1A of the 1960 Act Regulated

Face personal prosecution for consenting to or neglecting a company offenceDirector or Officer

s.082 Part 1A of the 1960 Act: miscellaneous provision Regulated

Other duties (1) — Crown / regulator

Local authorities must have regard to Scottish Ministers' guidanceLocal authority

s.097 Scottish Housing Regulator: transfer of assets following inquiries Regulated

Other duties (1) — Crown / regulator

Scottish Housing Regulator must consult and value assets before transfersStatutory regulator

s.101 Subordinate legislation Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must lay draft first code of practice within 18 monthsCrown / Minister / Government department

70 other provisions — procedural and definitional

s.001 Abolition of the right to buy

s.002 Amendment of right to buy provisions

s.004 Rules on priority of allocation of housing: consultation

s.005 Factors which may be considered in allocation: ownership of property

s.006 Determination of minimum period for application to remain in force

s.007 Creation of short Scottish secure tenancy: antisocial behaviour

s.008 Grant of short Scottish secure tenancy: homeowners

s.009 Short Scottish secure tenancy: term

s.010 Short Scottish secure tenancy: extension of term

s.012 Assignation, sublet and joint tenancy of Scottish secure tenancy

s.013 Succession to Scottish secure tenancy

s.014 Grounds for eviction: antisocial behaviour

s.015 Recovery of possession of properties designed for special needs

s.016 Regulated and assured tenancies

s.017 Repairing standard

s.018 Right to adapt rented houses

s.019 Landlord registration

s.020 Houses in multiple occupation

s.021 Landlord registration: time limit for determining application

s.022 Carbon monoxide alarms

s.023 Electrical safety inspections

s.024 Power to modify repairing standard etc.

s.025 Third party application in respect of the repairing standard

s.026 Procedure for third party applications

s.027 Appeals in relation to third party applications

s.030 Application for registration

s.035 Fit and proper person: criminal record information

s.041 Appeals

s.047 Prohibition on contracting out

s.048 Applications to First-tier Tribunal to enforce code of practice

s.049 Variation and revocation of enforcement orders

s.052 Power to obtain information

s.053 Power to carry out inspections

s.054 Warrants for entry

s.057 Transfer of jurisdiction of actions involving letting agents

s.059 Delegation of functions relating to the register

s.060 Landlord registration where agent is a registered letting agent

s.061 Meaning of letting agency work

s.062 Interpretation of Part 4

s.063 Licensing of sites for permanent residents

s.064 Relevant permanent site application

s.066 Duration of a Part 1A site licence

s.069 Appeals relating to a Part 1A site licence

s.070 Power to make provision in relation to procedure and appeals

s.072 Fit and proper person: criminal conviction certificate

s.073 Fit and proper person: information sharing

s.077 Appointment of interim manager

s.079 Powers of entry

s.080 Recovery of inspection and enforcement expenses

s.083 Transitional provision for existing site licences

s.084 Agreements to which the Mobile Homes Act 1983 applies

s.085 Tenement management scheme

s.086 Notice of potential liability for costs: notice of discharge

s.087 Work notices

s.088 Maintenance orders

s.089 Maintenance plans

s.090 Non-residential premises: repayment charges

s.091 Repayment charges: recovery of repayable amount

s.092 Charging orders

s.093 Right to redeem heritable security after 20 years: power to exempt

s.094 First-tier Tribunal: disqualification of members from exercise of certain functions

s.095 Private rented housing panel: disqualification from membership

s.096 Delegation of certain functions

s.098 Registered social landlord becoming a subsidiary of another body

s.099 Repeal of defective designation provisions

s.100 Interpretation

s.102 Ancillary provision

s.103 Minor and consequential amendments

s.104 Commencement

s.105 Short title

Schedules

0 of 79 shown

79 other schedules

s.sch001 The Rent (Scotland) Act 1984 is amended as follows.

s.sch001 In section 26, for “court”, where it first occurs, substitute...

s.sch001 Section 27 is repealed.

s.sch001 In section 31(2)— (a) for “sheriff” substitute “ First-tier Tribunal...

s.sch001 In section 32— (a) in subsection (4), for “sheriff”, in...

s.sch001 In section 35(12), after “court” insert “ or tribunal ”....

s.sch001 In section 39— (a) for “a court” substitute “ the...

s.sch001 In section 43B(4)(b), after “court” insert “ or tribunal ”....

s.sch001 In section 45(3), after “court” insert “ or tribunal ”....

s.sch001 In section 60(3)— (a) for “sheriff”, where it first occurs,...

s.sch001 In section 64(6)(b), for “sheriff, on a summary application” substitute...

s.sch001 In section 7(2), for “sheriff”, where it first occurs, substitute...

s.sch001 In section 75— (a) for “sheriff”, where it first occurs,...

s.sch001 In section 76— (a) in subsection (2), for “sheriff may,...

s.sch001 In section 77, for “sheriff court” substitute “ First-tier Tribunal...

s.sch001 In section 97— (a) in subsection (8), for “sheriff” in...

s.sch001 In section 102— (a) before subsection (1) insert—

s.sch001 In section 103, leave out subsections (1) and (2) and...

s.sch001 In section 104, before “this Act” insert “ Part IX...

s.sch001 In section 115(1), after the definition of “converted tenancy” insert—...

s.sch001 In Schedule 1— (a) in paragraph 3, for “sheriff” substitute...

s.sch001 In Schedule 1A— (a) in paragraph 3, for “sheriff” substitute...

s.sch001 In section 11— (a) in subsection (1)—

s.sch001 In paragraph 3 of Schedule 1B, for “sheriff” substitute “...

s.sch001 In Schedule 2— (a) in Cases 3, 4, 5, 9,...

s.sch001 The Housing (Scotland) Act 1988 is amended as follows.

s.sch001 In section 16(2), for “sheriff” substitute “ First-tier Tribunal ”....

s.sch001 In section 17(8), for “sheriff” substitute “ First-tier Tribunal ”....

s.sch001 In section 18— (a) in subsection (1), for “sheriff” substitute...

s.sch001 In section 19— (a) in subsection (1)—

s.sch001 In section 20— (a) in subsection (1)—

s.sch001 In section 21(3)— (a) for “sheriff” substitute “ First-tier Tribunal...

s.sch001 In section 22— (a) in subsection (1), for “sheriff” substitute...

s.sch001 In section 12— (a) in subsection (1), for “a court”...

s.sch001 In section 25(7), for “sheriff” substitute “ First-tier Tribunal ”....

s.sch001 In section 28(1), for “sheriff” substitute “ First-tier Tribunal ”....

s.sch001 In section 29, for “sheriff”, where it first occurs, substitute...

s.sch001 In section 30(2)— (a) the word “summary” is repealed,

s.sch001 In section 33— (a) in subsection (1)—

s.sch001 In section 36— (a) after subsection (4) insert—

s.sch001 In section 42(1)(c)— (a) in sub-paragraph (i), for “court”, where...

s.sch001 In section 55(1), after the definition of “council tax” insert—...

s.sch001 In Schedule 5— (a) in grounds 1, 2, 5 and...

s.sch001 The 2006 Act is amended as follows.

s.sch001 In section 19(1), for “a court” substitute “ the First-tier...

s.sch001 In section 24(7)— (a) for “sheriff” substitute “ First-tier Tribunal...

s.sch001 In section 194, after the definition of “disabled person” insert—...

s.sch001 The 2006 Act is amended as follows.

s.sch001 In section 64— (a) subsection (6) is repealed,

s.sch001 Subsections (3) and (4) of section 65 are repealed.

s.sch001 Section 67 is repealed.

s.sch001 The 2004 Act is amended as follows.

s.sch001 In section 92— (a) subsection (4) is repealed,

s.sch001 In section 92ZA— (a) in subsection (1)(b)—

s.sch001 In section 97— (a) in subsection (6), for “court” substitute...

s.sch001 In section 21, for “court”, where it first occurs substitute,...

s.sch001 In section 101(1)— (a) before the definition of “house”, insert—...

s.sch001 In section 23(1), for “court” substitute “ First-tier Tribunal ”....

s.sch001 In section 24— (a) in subsection (3), for “court”, where...

s.sch001 In section 25(1), the definition of “the court” is repealed....

s.sch002 Section 156(4) of the Local Government, Planning and Land Act...

s.sch002 (1) The 2001 Act is amended as follows.

s.sch002 Paragraph 18(5) of schedule 7 to the Water Industry (Scotland)...

s.sch002 Paragraph 44 of schedule 2 to the Scottish Public Services...

s.sch002 (1) The Freedom of Information (Scotland) Act 2002 is amended...

s.sch002 (1) The Land Reform (Scotland) Act 2003 is amended as...

s.sch002 Section 27(1)(g)(vi) of the Agricultural Holdings (Scotland) Act 2003 is...

s.sch002 Paragraph 13 of schedule 3 to the Fire (Scotland) Act...

s.sch002 In section 22 of the 2006 Act—

s.sch002 (1) The 2010 Act is amended as follows.

s.sch002 Paragraph 56 of schedule 7 to the Police and Fire...

s.sch002 Section 13(11) of the Matrimonial Homes (Family Protection) (Scotland) Act...

s.sch002 In Case 7 of Part 1 of Schedule 2 to...

s.sch002 (1) The 1987 Act is amended as follows.

s.sch002 (1) The Housing (Scotland) Act 1988 is amended as follows....

s.sch002 Section 166(1) to (5) of the Local Government and Housing...

s.sch002 Section 156 of the Leasehold Reform, Housing and Urban Development...

s.sch002 Paragraph 152(6) of Schedule 13 to the Local Government etc....

s.sch002 Paragraph 48(3) of schedule 12 to the Abolition of Feudal...

Help complying

Guvnor’s practical routes through this instrument.

2 more guides that reference this instrument

Get a site licence for a residential mobile home park in Scotland Register and run a letting agency in Scotland

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Housing (Scotland) Act 2014

Does it bind you?

Other Acts binding the same actors

What it requires

Schedules

Help complying