Housing (Scotland) Act 2006

121 Tenancy deposit schemes: regulatory framework

(1) The Scottish Ministers may by regulations (“tenancy deposit regulations”)—

(a) set out conditions which a tenancy deposit scheme must meet before they can approve it under section 122,

(b) make such further provision about tenancy deposit schemes as they think fit.

(2) Tenancy deposit regulations may, in particular—

(a) make provision about the manner and circumstances in which tenancy deposits must be paid, held and repaid under an approved scheme,

(b) impose sanctions for failing to participate in, or to comply with, an approved scheme,

(c) set out a mechanism for resolving disputes relating to an approved scheme,

(d) prescribe the type of person who may administer an approved scheme,

(e) authorise the Scottish Ministers to make payments, or to give guarantees or other assistance, in connection with—

(i) the creation, administration or operation of an approved scheme,

(ii) the resolution of disputes relating to an approved scheme,

(f) set the amount, or the maximum amount, of any fee which may be charged in connection with an approved scheme,

(g) prescribe arrangements for publicising approved schemes.

(3) But tenancy deposit regulations may not—

(a) prescribe circumstances in which tenancy deposits must be paid under a tenancy or an occupancy arrangement,

(b) create offences.