The Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Amendment Order 2003

Scottish Statutory Instrument 2003 No. 463 — creates 2 criminal offences.

2offences created

0recorded in force

0revoked

Made: 29 September 2003
In force from: 1 October 2003
Extent: Not stated
Subject: Housing, planning, heritage and land
Made under: Civic Government (Scotland) Act 1982, No. 463 LICENCES AND LICENSING HOUSING The Civic Government (Scotland) Act 1982

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order makes amendments to the Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000 (“the 2000 Order”). The 2000 Order was first amended by S.S.I. 2002/161. Article 3 inserts a definition of “co-ownership body”. Article 4 amends article 2(2) of the 2000 Order to add houses owned by co-ownership bodies to the list of those that are exempt from the licensing requirements. Article 5 amends article 5 of the 2000 Order with the effect that resident owners of a house in multiple occupation and any members of that owner’s family also resident in that house shall be disregarded in calculating the number of qualifying persons for that house. Article 6(a) amends the Schedule to the 2000 Order, which modifies provisions of the Civic Government (Scotland) Act 1982 (“the 1982 Act”). It creates two new offences relating to agents for owners of houses in multiple occupation. Article 6(b) further modifies the provisions of the 1982 Act by substituting a new paragraph 15 into Schedule 1 to that Act. This has the effect of taking such fees and expenses out of the general treatment of fees and expenses for other licensing activities under the 1982 Act and makes separate new provision for them. In particular, it provides that a licensing authority in considering the level of fees to charge should take account of any money paid by grant by the Scottish Ministers.

Offences created by this instrument

– 3A After section 7(5) (offences, etc) of the 1982 Act there shall be inserted as follows:– 5A Any person who without… article 6 · Status not determined · Strict liability
– 3A After section 7(5) (offences, etc) of the 1982 Act there shall be inserted as follows:– 5A Any person who without… article 6(a) · Status not determined · Strict liability

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2003