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The Private Rented Housing (Scotland) Act 2011 (Commencement No. 4) Order 2012

S.S.I. 2012/267 · Made 2 October 2012

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 2nd October 2012

Laid before the Scottish Parliament 4th October 2012

Coming into force 29th November 2012

The Scottish Ministers make the following Order in exercise of the powers conferred by section 41(3) of the Private Rented Housing (Scotland) Act 2011f1.

Annotations to the whole text

Footnotes

f1

2011 asp 14.

Contents

  1. 1Citation and commencement
  2. 2Appointed day
  3. Signature
  4. Explanatory note

1Citation and commencement

This Order may be cited as the Private Rented Housing (Scotland) Act 2011 (Commencement No. 4) Order 2012 and comes into force on 29th November 2012.

2Appointed day

Section 32 (premiums) of the Private Rented Housing (Scotland) Act 2011, in so far as it is not already in force, will come into force on 30th November 2012.

Signature

M J BURGESS

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

2nd October 2012

Explanatory note

(This note is not part of the Order)

This Order brings section 32 of the Private Rented Housing (Scotland) Act 2011 (“the 2011 Act”) into force on 30th November 2012, in so far as not already in force. Section 32 amends the definition of ‘premium’ in section 90 of the Rent (Scotland) Act 1984 (“the 1984 Act”) to clarify that ‘premium’ for the purpose of Part 8 of that Act means any fine, sum or pecuniary consideration, other than the rent, and includes any service or administration fee or charge.

Section 32 also inserts a new section 89A into the 1984 Act. Section 89A empowers the Scottish Ministers to make further provision about sums which may be charged in connections with the grant, renewal or continuance of protected tenancies.

The Bill for the 2011 Act received Royal Assent on 20th April 2011. Part 5 of the Act (sections 38 to 41: general provisions) came into force the following day.