OpenLegislation

The Housing (Scotland) Act 2014 (Commencement No. 8, Savings, Transitional and Supplemental Provisions) Order 2018

S.S.I. 2018/153 · Made 12 May 2018

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Housing

Made 12th May 2018

Laid before the Scottish Parliament 15th May 2018

Coming into force 24th June 2018

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 102(1) and 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

2014 asp 14 (“the 2014 Act”). Section 8 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (“the 2010 Act”) enables the power contained in section 104(3) of the 2014 Act to be exercised so as to appoint different days for different purposes. The powers to make this Order are exercised together by virtue of section 33(2) of the 2010 Act. This Order is subject to the negative procedure by virtue of section 33(4) of the 2010 Act.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Appointed days
  3. 3Saving provision: sections 7(4)(b), 9(1) and (2), 10 and 11(d) of the Act
  4. 4Saving provision: section 11(a) and (b) of the Act
  5. 5Saving provision: section 11(e) and (f), section 14(2)(a) and section 15 of the Act
  6. 6Transitional provisions
  7. 7Transitional provisions
  8. 8Transitional provisions
  9. 9Supplemental provision
  10. Signature
  11. Schedule Schedule
  12. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Housing (Scotland) Act 2014 (Commencement No. 8, Savings, Transitional and Supplemental Provisions) Order 2018 and comes into force on 24th June 2018.

(2)

In this Order—

  • “the Act” means the Housing (Scotland) Act 2014; and

  • “the 2001 Act” means the Housing (Scotland) Act 2001f1.

2Appointed days

The day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in the schedule (the subject-matter of which is described in column 2 of that table) is specified in column 3 of the table in the schedule.

3Saving provision: sections 7(4)(b), 9(1) and (2), 10 and 11(d) of the Act

Despite the commencement of the following provisions of the Act, the amendments made by those provisions have no effect in relation to a short Scottish secure tenancy where a notice under section 34(4) (short Scottish secure tenancies) of the 2001 Act in relation to that tenancy is served prior to 1st May 2019:—

(a)

section 7(4)(b) (grounds for granting short Scottish secure tenancy);

(b)

section 9(1) and (2) (short Scottish secure tenancy: term);

(c)

section 10 (short Scottish secure tenancy: extension of term); and

(d)

section 11(d) (short Scottish secure tenancy: recovery of possession).

4Saving provision: section 11(a) and (b) of the Act

Despite the commencement of section 11(a) and (b) (short Scottish secure tenancy: recovery of possession) of the Act, the amendments made by those provisions have no effect in relation to proceedings raised under section 36(1) (recovery of possession) of the 2001 Act which rely on a notice under section 36(2)(a) (recovery of possession) of the 2001 Act served prior to 1st May 2019.

5Saving provision: section 11(e) and (f), section 14(2)(a) and section 15 of the Act

Despite the commencement of the following provisions of the Act, the amendments made by those provisions have no effect in relation to proceedings raised under section 14(1) of the 2001 Act (proceedings for possession) which rely on a notice under section 14(2)(a) of the 2001 Act served prior to 1st May 2019:—

(a)

section 11(e) and (f) (short Scottish secure tenancy: recovery of possession);

(b)

section 14(2)(a) (powers of court in possession proceedings); and

(c)

section 15 (recovery of possession of properties designed for special needs).

6Transitional provisions

For the purposes of section 11(6A) (Scottish secure tenancy) of the 2001 Actf1, a notification given prior to 1st November 2019 by—

(a)

a person falling within section 11(6) of the 2001 Actf2 at the time the notice was given; or

(b)

any other person who was the tenant of the house in question when the notice was given,

that the house in question is, or is intended to be, the person’s only or principal home shall be deemed to be a notification for the purposes of section 11(6B) of the 2001 Act.

7Transitional provisions

(1)

For the purposes of section 32(1)(b) (assignation, subletting etc. of Scottish secure tenancy) of the 2001 Actf1, a notification given prior to 1st November 2019 by—

(a)

the assignee; or

(b)

any other person who was the tenant of the house in question when the notice was given,

that the house in question was the person’s only or principal home shall be deemed to be a notification for the purposes of section 32(1A) of the 2001 Actf2.

(2)

For the purposes of section 32(1)(c) of the 2001 Actf3, a notification given prior to 1st November 2019 by—

(a)

the tenant; or

(b)

any other person who was the tenant of the house in question when the notice was given,

that the house in question was the tenant’s only or principal home shall be deemed to be a notification for the purposes of section 32(1B) of the 2001 Actf4.

8Transitional provisions

For the purposes of paragraph 2, 3 or 4 of schedule 3 (succession to Scottish secure tenancy) of the 2001 Actf1, a notification given prior to 1st November 2019 by—

(a)

a person referred to in paragraph 2(1)(a)(ii), 3 or 4 of schedule 3 of the 2001 Act; or

(b)

any other person who was the tenant of the house in question when the notice was given,

that the house in question is the person’s only or principal home shall be deemed to be a notification for the purposes of paragraph 4A of schedule 3 of the 2001 Actf2.

9Supplemental provision

Prior to 1st November 2018, a landlord under a Scottish secure tenancy or a short Scottish secure tenancy must notify the tenant in writing of the changes to their tenancy agreement which will arise from the commencement of Part 2 of the Act.

Signature

KEVIN STEWART

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

12th May 2018

Column 1

Provisions of the Act

Column 2

Subject-matter

Column 3

Appointed day
Section 99Repeal of defective designation provisions30th July 2018
Section 3Reasonable preference in allocation of social housing1st May 2019
Section 4 (insofar as not already in force)Rules on priority of allocation of housing: consultation1st May 2019
Section 5Factors which may be considered in allocation: ownership of property1st May 2019
Section 6 (insofar as not already in force)Determination of minimum period for application to remain in force1st May 2019
Section 7 (insofar as not already in force)Creation of short Scottish secure tenancy: antisocial behaviour1st May 2019
Section 8Grant of short Scottish secure tenancy: homeowners1st May 2019
Section 9Short Scottish secure tenancy: term1st May 2019
Section 10Short Scottish secure tenancy: extension of term1st May 2019
Section 11Short Scottish secure tenancy: recovery of possession1st May 2019
Section 14 (insofar as not already in force)Grounds for eviction: antisocial behaviour1st May 2019
Section 15Recovery of possession of properties designed for special needs1st May 2019
Section 12Assignation, sublet and joint tenancy of Scottish secure tenancy1st November 2019
Section 13Succession to Scottish secure tenancy1st November 2019

Explanatory note

(This note is not part of the Order)

This Order brings into force various provisions of the Housing (Scotland) Act 2014 (“the Act”). Section 99 comes into force on 30th July 2018. Sections 3, 4 (insofar as not already in force), 5, 6 (insofar as not already in force), 7 (insofar as not already in force), 8 to 11, 14 (insofar as not already in force) and 15 come into force on 1st May 2019. Sections 12 and 13 come into force on 1st November 2019.

Article 3 makes a saving provision in relation to a short Scottish secure tenancy where a notice under section 34(4) of the 2001 Act was served prior to 1st May 2019.

Article 4 makes a saving provision so that the changes made by section 11(a) and (b) of the Act do not apply where a landlord has served a notice served under section 36(2) of the 2001 Act prior to 1st May 2019.

Article 5 makes a savings provision so that where a notice has been served under section 14(2)(a) of the 2001 Act prior to 1st May 2019—

  • the amendments made by section 11(e) and (f), which specify the date which must be inserted in a notice in relation to the recovery of possession of a house which is subject to a short Scottish secure tenancy, do not apply;

  • the powers available to the court to make an order for recovery of possession are those that existed prior to the commencement of section 14(2)(a) of the Act; and

  • the grounds for possession in paragraphs 11 and 12 of schedule 2 of the 2001 Act as they existed prior to the commencement of section 15 for the purpose of any proceedings for possession based on such a notice.

Articles 6, 7 and 8 contain transitional provisions which ensure that a notification given by the specified person or by the tenant prior to 1st November 2019 will be considered to be a notification for the purposes of the relevant sections in the 2001 Act.

Article 9 ensures that social landlords will inform their tenants of the changes that will be made to their tenancy agreements due to the commencement of Part 2 of the Act.

The Bill for the Act received Royal Assent on 1st August 2014. Sections 100, 101, 102, 104 and 105 of the Act came into force on that day by virtue of section 104(1) of the Act.