11 Notice to local authorities of proceedings for possession
and enforcement of standard securities
(1) Where a landlord raises proceedings for possession of a
dwellinghouse, the landlord must give notice of the raising
of the proceedings to the local authority in whose area the
dwellinghouse is situated, unless the landlord-
(a) is the local authority, or
(b) is required to give such notice to the local authority under
any other enactment.
(2) The schedule to this Act (which makes modifications of enactments
for the purpose of requiring that local authorities are given
notice of certain proceedings for possession of houses and of
steps taken to enforce certain standard securities) has effect.
(3) The Scottish Ministers may by regulations made by statutory
instrument prescribe-
(a) the forms of notices to be given under subsection (1) and
under the enactments specified in subsection (5) (which are
the enactments modified by the schedule to this Act), and
(b) the manner in which such notices are to be given.
(4) Such regulations may make different provision in relation
to different such notices.
(5) The enactments referred to in subsection (3)(a) are-
(a) section 19B(1) (notice to local authority of calling-up
of standard security) of the Conveyancing and Feudal Reform
(Scotland) Act 1970 (c.35),
(b) section 24(3)(c) (notice to local authority of application
to court for remedies on default of standard security) of that
Act,
(c) section 12A(1) (notice to local authority of proceedings
for possession of dwelling-house let on protected tenancy or
subject to statutory tenancy) of the Rent (Scotland) Act 1984
(c.58),
(d) section 19A(1) (notice to local authority of proceedings
for possession of house let on assured tenancy) of the Housing
(Scotland) Act 1988 (c.43),
(e) section 14(5A) (notice to local authority of proceedings
for possession of house let on Scottish secure tenancy) of the
2001 Act,
(f) section 36(6A) (notice to local authority of proceedings
for possession of house let on short Scottish secure tenancy)
of that Act*
(g) section 4(4)(c) (notice to local authority of proceedings
to eject proprietor in personal occupancy) of the Mortgage Rights
(Scotland) Act 2001 (asp 11).
(6) A statutory instrument containing regulations under subsection
(3) is subject to annulment in pursuance o^ a resolution of
the Parliament.
(7) In section 79 (issue of guidance by the Scottish Ministers)
of the 2001 Act, in subsection (2), after paragraphrtb) insert-
"(ba) the action which should be taken by local authorities
on receipt of notices under-
(i) subsection (1) of section 11 of the Homelessness etc. (Scotland)
Act 2003 (asp 10),
(ii) the enactments specified in subsection (5) of that section,".
(8) In subsection (1)- "dwellinghouse" means any
building, or part of a building, which is occupied or intended
to be occupied as a separate dwelling, and in particular includes
a flat,
"proceedings for possession" means any proceedings
in which decree of removing or warrant of ejection or other
like order is sought.
