OpenLegislation

The Housing (Scotland) Act 2010 (Consequential Modifications) Order 2012

S.S.I. 2012/38 · Made 9 February 2012 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 11 June 2019.

Housing

Made 9th February 2012

Laid before the Scottish Parliament 13th February 2012

Coming into force 1st April 2012

The Scottish Ministers make the following Order in exercise of the powers conferred by section 163(1)(b) and (2) of the Housing (Scotland) Act 2010f1 and all other powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

2010 asp 17.

Contents

  1. 1Citation and commencement
  2. 2Consequential modifications
  3. Signature
  4. Schedule
  5. Part 1: MODIFICATIONS OF PUBLIC GENERAL ACTS
  6. Chapter: Housing Associations Act 1985
  7. 1Paragraph 1
  8. Chapter: Housing (Scotland) Act 1987
  9. 2Paragraph 2
  10. Chapter: Land Reform (Scotland) Act 2003
  11. 3Paragraph 3
  12. Chapter: Agricultural Holdings (Scotland) Act 2003
  13. 4Paragraph 4
  14. Part 2: MODIFICATIONS OF SUBORDINATE LEGISLATION
  15. Chapter: Scottish Secure Tenants (Compensation for Improvements) Regulations 2002
  16. 5Paragraph 5
  17. Chapter: Housing (Scotland) Act 2001 (Assistance to Registered Social Landlords and Other Persons) (Grants) Regulations 2004
  18. 6Paragraph 6
  19. Chapter: Private Landlord Registration (Information and Fees) (Scotland) Regulations 2005
  20. 7Paragraph 7 Repealed
  21. Chapter: Charities Accounts (Scotland) Regulations 2006
  22. 8Paragraph 8
  23. Chapter: Management of Offenders etc. (Scotland) Act 2005 (Specification of Persons) Order 2007
  24. 9Paragraph 9
  25. Chapter: Home Energy Assistance Scheme (Scotland) Regulations 2009
  26. 10Paragraph 10 Repealed
  27. Explanatory note

1Citation and commencementI1

This Order may be cited as the Housing (Scotland) Act 2010 (Consequential Modifications) Order 2012 and comes into force on 1st April 2012.

2Consequential modificationsI1

The modifications specified in the Schedule have effect.

Signature

KEITH BROWN

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

9th February 2012

1I1

In section 2B of the Housing Associations Act 1985 (meaning of “registered housing association”, “registered social landlord” etc)f1—

(a)

in the definition of “registered housing association” for the words “section 57 of the Housing (Scotland) Act 2001 (asp 10)” substitute “section 20(1) of the Housing (Scotland) Act 2010 (asp 17)”; and

(b)

in the definition of “unregistered”—

(i)

for “neither” substitute “not” ; and

(ii)

for “section 57 of the Housing (Scotland) Act 2001 (asp 10)” substitute “section 20(1) of the Housing (Scotland) Act 2010 (asp 17)”.

2I1

In section 21(3) of the Housing (Scotland) Act 1987 (publication of rules relating to the housing list and to transfer of tenants)f1 for paragraph (ia) substitute—

“(ia)

the Scottish Housing Regulator;”.

3I1

In section 40(4)(g) of the Land Reform (Scotland) Act 2003 (effect of registration)f1 for sub-paragraph (vii) substitute—

“(vii)

by a registered social landlord (within the meaning of the Housing (Scotland) Act 2010 (asp 17)) in pursuance of the power conferred by section 107 of that Act;”.

4I1

In section 27(1)(g) of the Agricultural Holdings (Scotland) Act 2003 (transfers not requiring notice)f1 for sub-paragraph (viii) substitute—

“(viii)

by a registered social landlord (within the meaning of the Housing (Scotland) Act 2010 (asp 17)) in pursuance of the power conferred by section 107 of that Act;”.

5I1

In regulation 4(b)(iii) of the Scottish Secure Tenants (Compensation for Improvements) Regulations 2002 (circumstances where compensation is not payable in respect of qualifying improvement work)f1 for “under section 65 of the 2001 Act” substitute “by a registered social landlord (within the meaning of the Housing (Scotland) Act 2010) in pursuance of the power conferred by section 107 of that Act”.

6I1

In the definition of “RSL” in regulation 2(1) of the Housing (Scotland) Act 2001 (Assistance to Registered Social Landlords and Other Persons) (Grants) Regulations 2004 (interpretation and application)f1, for “in terms of section 57 of the Act” substitute “within the meaning of section 165 of the Housing (Scotland) Act 2010”.

7F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8I1

In the definition of “registered social landlord” in regulation 1(2) of the Charities Accounts (Scotland) Regulations 2006 (citation, commencement and interpretation)f1, for “section 57 of the Housing (Scotland) Act 2001” substitute “section 20(1) of the Housing (Scotland) Act 2010”.

9I1

In the Schedule to the Management of Offenders etc. (Scotland) Act 2005 (Specification of Persons) Order 2007 (persons specified for the purposes of section 10(3) of the Management of Offenders etc. (Scotland) Act 2005)f1, for “section 57(2) of the Housing (Scotland) Act 2001” substitute “section 20(1) of the Housing (Scotland) Act 2010”.

10F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Explanatory note

(This note is not part of the Order)

This Order makes consequential modifications to primary and secondary legislation in connection with the commencement of Parts 1 to 12 of the Housing (Scotland) Act 2010 on 1st April 2012.