Section 89A Premiums: regulationsF1C1
The Scottish Ministers may by regulations make provision about sums which may be charged in connection with the grant, renewal or continuance of a protected tenancy.
Such regulations may, in particular, specify—
categories of sum which are not to be treated as a premium for the purposes of this Part;
the maximum amount which tenants may be asked to pay in respect of such a sum.
Before making regulations under subsection (1), the Scottish Ministers must consult—
such persons or bodies as they consider representative of the interests of—
tenants;
private sector landlords;
persons who act as agents for such landlords,
as they consider appropriate; and
such other persons or bodies as the Scottish Ministers consider appropriate (which may include tenants, private sector landlords and persons who act as agents for such landlords).
The power conferred by subsection (1) on the Scottish Ministers to make regulations—
must be exercised by statutory instrument;
may be exercised so as to make different provision for different purposes.
Regulations under subsection (1) may—
include incidental, supplementary, consequential, transitional, transitory or saving provision,
modify any enactment (including this Act).
No regulations are to be made under subsection (1) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by resolution of, the Scottish Parliament.
Annotations
Textual amendments
- F1
S. 89A inserted (31.1.2012 for specified purposes, 30.11.2012 in so far as not already in force) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 32(2), 41(3); S.S.I. 2012/2, art. 2, sch.; S.S.I. 2012/267, art. 2
- F2
S. 89A(4A) inserted (1.4.2026) by Housing (Scotland) Act 2025 (asp 13), s. 86(2), sch. para. 1(2); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1
Modifications
- C1
Ss. 86-90 applied (1.12.2017) by Private Housing (Tenancies) (Scotland) Act 2016 (asp 19), ss. 20(1), 79(2); S.S.I. 2017/346, reg. 2, sch.