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Section 49 Tenancies: transitional provisionI1

Scotland

(1)

The 2020 Regulations continue in force (despite regulation 1 of those Regulations and the expiry of paragraphs 4 and 5 of schedule 1 of the 2020 (No.2) Act).

(2)

They are deemed to have been made under the powers conferred by section 18(4A)(b) of the 1988 Act and paragraph 12(4)(b) of schedule 3 of the 2016 Act.

(3)

In the 2020 Regulations—

(a)

references to the pre-action requirements are to be read as references to the pre-action protocol,

(b)

the reference in regulation 3 to section 18(3C) is to be read as a reference to section 18(4A)(b),

(c)

the reference in regulation 4 to paragraph 12(3B) is to be read as a reference to paragraph 12(4)(b).

(4)

Nothing in this section affects the 2020 Regulations insofar as they continue to apply by virtue of section 48.

(5)

In this section—

  • “the 1988 Act” means the Housing (Scotland) Act 1988,

  • “the 2016 Act” means the Private Housing (Tenancies) (Scotland) Act 2016,

  • “the 2020 (No.2) Act” means the Coronavirus (Scotland) (No.2) Act 2020,

  • “the 2020 Regulations” means the Rent Arrears Pre-Action Requirements (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/304).

Annotations

Commencement

I1

S. 49 in force at 1.10.2022, see s. 59(1)