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Miscellaneous
129. Part 8 of the Act contains six miscellaneous provisions. Five of these - sections 175 to 178 and 180 - have already been brought into force.
130. Section 175 amended the landlord registration provisions in the Antisocial Behaviour etc (Scotland) Act 2004. It gives Ministers the power to issue a Letting Code, which would be a code of practice on management standards for landlords and their agents. However, before preparing a Letting Code, the Executive would have to carry out and publish an assessment of the effectiveness of existing arrangements, such as landlord registration (following at least a year of operation) and voluntary accreditation, and would have to consult various interests, including bodies representing local authorities. If a Letting Code were issued, a local authority would have to take it into account when deciding whether someone is a fit and proper person to act as a landlord in relation to landlord registration.
131. It is provisionally estimated that a statutory Letting Code, if it is required, could be in place by late 2008. This issue will be taken forward by staff within the Housing and Regeneration Group of the Scottish Executive.
132. Section 176 also amended the system of landlord registration established by the Antisocial Behaviour etc. (Scotland) Act 2004. Section 177 gave Ministers powers to direct the delegation of functions by certain registered social landlords.
133. Section 178 makes clear that the permissible purposes of a registered social landlord include improving the economic, social and environmental circumstances of the communities in which they own houses or hostels and that such activities may benefit both the registered social landlord's residents and other people. These activities are often referred to as "wider role" because they go beyond the provision of housing. Where registered social landlords are engaged in such activities, local authorities will wish to work with them, where appropriate.
134. Section 180 amended the Housing (Scotland) Act 1988 to ensure that a landlord may seek possession, on the grounds of antisocial behaviour, of a house let under a contractual assured tenancy, even if the tenancy agreement does not provide for this. This change to the law will be of interest to local authorities in connection with policy on dealing with antisocial behaviour.
135. Section 179 requires Ministers to publish a strategy for improving energy efficiency in living accommodation. The Executive is currently developing an Energy Efficiency and Microgeneration Strategy and Action Plan for Scotland which is due for consultation and publication later this year. The strategy will take a holistic approach to reducing carbon emissions through energy efficiency and microgeneration. It will outline existing and consider future measures across the domestic, business and public sectors and will set and report on realistic targets for addressing these that will help deliver our contribution to the overarching Scottish Climate Change Programme target. Local authorities will have an interest in implementing and promoting the measures set out in the strategy. The development of the strategy is being taken forward by the Energy Efficiency Team within Enterprise, Transport and Lifelong Learning Department of the Scottish Executive.
136. Section 185, which requires Scottish Ministers and local authorities to perform their functions under the Act so as to encourage equal opportunities and in accordance with equal opportunity requirements, and section 193 on Crown application have been brought into force.
Development Department
Scottish Executive
19 July 2006
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