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The Housing (Scotland) Act 2014 (Commencement No. 1, Transitional and Saving Provisions) Order 2014

As Enacted Cited authorities 45 Cited in Amendments 1 Related
Vincent
JurisdictionScotland
CitationSSI 2014/264
Year2014

2014No. 264 (C. 24)

HOUSING

The Housing (Scotland) Act 2014 (Commencement No. 1, Transitional and Saving Provisions) Order 2014

7thOctober2014

9thOctober2014

13thNovember2014

The Scottish Ministers make the following Order in exercise of the powers conferred by section 104(3) to (5) of the Housing (Scotland) Act 2014( 1) and all other powers enabling them to do so.

Citation, commencement and interpretation

1. (1) This Order may be cited as the Housing (Scotland) Act 2014 (Commencement No. 1, Transitional and Saving Provisions) Order 2014 and comes into force on 13th November 2014.

(2) In this Order "the Act" means the Housing (Scotland) Act 2014.

Appointed days

2. (1) Subject to paragraph (2), 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.

(2) Where a purpose is specified in column 4 of the Schedule, a provision specified in column 1 comes into force in accordance with paragraph (1) only for that purpose.

Transitional provision

3. The requirements of section 104A (registered social landlord becoming a subsidiary of another body) of the 2010 Act( 2) do not apply to any arrangement where a request has been made for the consent of the Scottish Housing Regulator under section 93 (change of constitution) of that Act prior to 20th November 2014.

Saving provisions

4. Despite the commencement of section 1 (abolition of the right to buy) of the Act, the provisions repealed or modified by subsection (1) of that section and by paragraphs 1, 2, 4(7) and (8), 9, 10(3), (4) and (5)(b), 14 to 16, 18(3), (6) and (7)(a) and 19 of schedule 2 to the Act continue to have effect as they had effect on 31st July 2016 in relation to-

(a) any application to purchase submitted under section 63(1) of the 1987 Act( 3) before 1st August 2016;(b) any contract to purchase, and any purchase, following on from such an application.

5. Despite the commencement of section 2 (amendment of right to buy provisions) of the Act, section 61F of the 1987 Act applies to any application to purchase submitted under section 63(1) of that Act prior to 20th November 2014, as it applied immediately before that date.

6. Despite the commencement of paragraph 3 of schedule 2 (minor and consequential repeals: Rent (Scotland) Act 1984) to the Act, Case 7 of Part 1 of Schedule 2 to the Rent (Scotland) Act 1984( 4) will apply in relation to any certificate granted by the Scottish Ministers under that case prior to 20th November 2014, as it applied immediately before that date.

M J BURGESS

Authorised to sign by the Scottish Ministers

St Andrew's House,

Edinburgh

7th October 2014

SCHEDULE

Article 2

Column 1

Column 2

Column 3

Column 4

Provisions of the Act

Subject-matter

Appointed day

Purpose

Section 86(1)

Notice of potential liability for costs: notice of discharge

13th November 2014

So far as is necessary to enable the Scottish Ministers to make an order under section 10A(3B)(a) of the Title Conditions (Scotland) Act 2003

Section 86(2)

Notice of potential liability for costs: notice of discharge

13th November 2014

So far as is necessary to enable the Scottish Ministers to make an order under section 13(3B)(a) of the Tenements (Scotland) Act 2004

Section 1(2)

Repeal of right to buy reporting provision

20th November 2014

Section 1(3)

Repeal of right to buy information collection provisions

20th November 2014

For the purpose of repealing section 147 of the 2010 Act

Section 2

Amendment of right to buy provisions

20th November 2014

Section 4(2)

Rules on priority of allocation of housing: regulations

20th November 2014

For the purpose of enabling consultation by the Scottish Ministers under section 21(3B) of the 1987 Act

Section 6(2)

Determination of minimum period for application to remain in force: guidance

20th November 2014

For the purpose of enabling consultation by the Scottish Ministers under section 20B(4) of the 1987 Act

Section 7(1)(b)

Creation of short Scottish secure tenancy: antisocial behaviour: guidance

20th November 2014

Section 14(1)

Grounds for eviction: antisocial behaviour: guidance

20th November 2014

Section 20

Houses in multiple occupation

20th November 2014

Section 23(1)

Electrical safety: guidance

20th November 2014

Section 24

Power to modify repairing standard

etc.

20th November 2014

Section 26(7)

Procedure for third party applications

20th November 2014

Section 28

Private rented housing: Enhanced Enforcement Areas

20th November 2014

Section 46

Letting Agent Code of Practice

20th November 2014

Section 61

Meaning of letting agency work

20th November 2014

Section 62

Interpretation of Part 4 of the Act

20th November 2014

The meaning of "house", "landlord", and "tenant"

Section 64

Relevant permanent site application

20th November 2014

So far as is necessary to enable the Scottish Ministers to make regulations under section 32C(4) of the 1960 Act

Section 65

Issue, renewal, transfer and transmission of a Part 1A site licence

20th November 2014

So far as is necessary to enable the Scottish Ministers to make regulations under section 32F(3) of the 1960 Act

Section 70

Power to make provision in relation to procedure and appeals

20th November 2014

Section 77

Appointment of interim manager

20th November 2014

So far as is necessary to enable the Scottish Ministers to make regulations under section 32Y(5) of the 1960 Act

Section 82

Interpretation

20th November 2014

Section 85(3) and (4)

Tenement management scheme

20th November 2014

Section 94

First-tier Tribunal: disqualification of members from exercise of certain functions

20th November 2014

Section 95

Private rented housing panel: disqualification from membership

20th November 2014

Section 96

Delegation of certain functions

20th November 2014

Section 97

Scottish Housing Regulator: transfer of assets following inquiries: guidance

20th November 2014

For the purpose of enabling consultation by the Regulator under section 67(4B)(b) of the 2010 Act

Section 98

Registered social landlord becoming a subsidiary of another body

20th November 2014

Section 103

Minor and consequential amendments

20th November 2014

For the purpose of giving effect to schedule 2, paragraphs 3, 4(1) to (4) and (9)(b), 5(1) and (3), 10(1) and (5)(a), 12, 13, 17 and 18(1), (2), (4) (5) and (7)(b)

Schedule 2, paragraphs 3, 4(1) to (4) and (9)(b), 5(1) and (3), 10(1) and (5)(a), 12, 13, 17 and 18(1), (2), (4) (5) and (7)(b)

Minor and consequential amendments

20th November 2014

Section 86

Notice of potential liability for costs: notice of discharge

16th December 2014

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