The Housing (Scotland) Act 2014 (Commencement No. 3 and Transitional Provision) Order 2015
S.S.I. 2015/272 · Made 24 June 2015 · Extends to Scotland
Housing
Made 24th June 2015
Laid before the Scottish Parliament 26th June 2015
Coming into force 13th July 2015
The Scottish Ministers make the following Order in exercise of the powers conferred by section 104(3) and (5) of the Housing (Scotland) Act 2014f1 and all other powers enabling them to do so.
Annotations to the whole text
Footnotes
- f1
Contents
- 1Citation, commencement and interpretation
- 2Appointed days
- 3Transitional provision
- Signature
- Schedule Schedule
- Explanatory note
1Citation, commencement and interpretationI1
This Order may be cited as the Housing (Scotland) Act 2014 (Commencement No. 3 and Transitional Provision) Order 2015 and comes into force on 13th July 2015.
In this Order, “the Act” means the Housing (Scotland) Act 2014 and “the 2006 Act” means the Housing (Scotland) Act 2006f1.
2Appointed daysI1
The day appointed for the coming into force of the provisions of the Act specified in column 1 of the Schedule (the subject-matter of which is described in column 2 of the Schedule) is specified in column 3 of the Schedule.
3Transitional provisionI1
Subject to paragraph (2), where a tenancy exists on 1st December 2015—
section 19A(1) and (3)(b) of the 2006 Act (duty to ensure regular electrical safety inspections and to provide tenant with a copy of the record of any inspection)f1 does not apply to that tenancy until 1st December 2016;
an electrical safety inspection as required by section 19A(1) must be undertaken no later than 1st December 2016, if the tenancy remains in existence on that date;
section 19A(2)(a) and (3)(a) (requirement to ensure inspection before the start of the tenancy and provide the tenant with a copy of the record of the most recent inspection) does not apply; and
section 19A(3)(b) (duty to provide the tenant with a copy of the record of any inspection carried out during the tenancy) is complied with by providing the tenant with a copy of the most recent inspection.
Where an electrical safety inspection that complies with the requirements of paragraph (3) has been undertaken in the period beginning with 1st January 2012 and ending with 30th November 2015 and the tenant has been provided with a copy of the record of that inspection, any duty under section 19A(1) of the 2006 Act is complied with for a period of 5 years from the date of that inspection.
The requirements are those set out in sections 19A(1) and 19B of the 2006 Act, without the requirement for inspection of electrical appliances.
Signature
M J BURGESS
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
24th June 2015
I1
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Provisions of the Act | Subject-matter | Appointed Day |
| Section 89 | Maintenance plans | 13th July 2015 |
| Section 97 (insofar as not already in force) | Scottish Housing Regulator: transfer of assets following inquiries | 31st August 2015 |
| Section 22 | Carbon monoxide alarms | 1st December 2015 |
| Section 23 (insofar as not already in force) | Electrical safety inspections | 1st December 2015 |
| F1. . . | . . . | . . . |
| Section 26 (insofar as not already in force) | Procedure for third party applications | 1st December 2015 |
| Section 27 | Appeals in relation to third party applications | 1st December 2015 |
Explanatory note
(This note is not part of the Order)
This Order brings into force various provisions of the Housing (Scotland) Act 2014 (“the 2014 Act”).
Article 2 and the Schedule to the Order appoint 13th July 2015 for the coming into force of section 89 and 31st August 2015 for the coming into force of section 97 (insofar as not already in force).
Article 2 and the Schedule also appoint 1st December 2015 for the coming into force of sections 22, 23 (insofar as not already in force), 25, 26 (insofar as not already in force) and 27.
Article 3 modifies the duty to undertake an electrical safety inspection provided by section 19A(1) of the Housing (Scotland) Act 2006 (introduced by section 23 of the 2014 Act) in relation to a tenancy which exists on 1st December 2015. Article 3 requires the landlord to ensure that an inspection is carried out by 1st December 2016 unless the tenancy ends before that date. The inspection duty is also met if an inspection has been carried out in the period beginning on 1st January 2012 and ending on 30th November 2015 and that inspection complies with the inspection requirements, ignoring any duty to inspect electrical appliances. Any inspection carried out after 30th November 2015 will, however, have to include inspection of electrical appliances.