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Guidance on the Mandatory Licensing of Houses in Multiple Occupation

Appendix 2

STATUTORY POWERS

Other statutory powers relating to HMOs that are available to local authorities are contained in the legislation listed below. Further details can be found in Annex A of the 1991 Guidance Notes on HMOs.

Housing (Scotland) Act 1987 - Part VIII and Schedule 11 (as amended)

The Housing (Management of Houses and Buildings in Multiple Occupation) (Scotland) Regulations 1964 (SI 1964/1371)

Public Health (Scotland) Act 1897 - Section 72

Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 1991 (SI 1991/1253)

The Town and Country Planning (Scotland) Act 1997

Building (Scotland) Act 1959 as amended.

The Building Standards (Scotland) Regulations 1990 as amended.

Food Safety Act

Food Safety (General Food Hygiene) Regulations 1995

Fire safety: Fire Precautions Act 1971; Housing (Scotland) Act 1987 - Section 162; Civic Government (Scotland) Act 1982 - Section 93; The Fire Precautions (Workplace) Regulations 1997 as amended (wherever there is one or more employee on the premises).

Health and Safety Act

Control of Pollution Act 1974 - Part III as amended

Environmental Protection Act 1990 - Part III

Social Work (Scotland) Act 1968 - Section 61

The Crime and Disorder Act 1998 is also relevant. Details can be found in Police Circular No. 3/1999 of 15 March 1999 entitled ‘The Crime and Disorder Act 1998: Guidance on Anti-Social Behaviour Orders’.

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