- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)In section 82 of the Rent (Scotland) Act 1984 (c. 58) (prohibition of premiums and loans on grant of protected tenancies)—
(a)in subsection (1), “, in addition to the rent,” is repealed,
(b)in subsection (2), “in addition to the rent” is repealed.
(2)After section 89 of that Act insert—
(1)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.
(2)Such regulations may, in particular, specify—
(a)categories of sum which are not to be treated as a premium for the purposes of this Part;
(b)the maximum amount which tenants may be asked to pay in respect of such a sum.
(3)Before making regulations under subsection (1), the Scottish Ministers must consult—
(a)such persons or bodies as they consider representative of the interests of—
(ii)private sector landlords;
(iii)persons who act as agents for such landlords,
as they consider appropriate; and
(b)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).
(4)The power conferred by subsection (1) on the Scottish Ministers to make regulations—
(a)must be exercised by statutory instrument;
(b)may be exercised so as to make different provision for different purposes.
(5)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.”.
(3)In section 90(1) of that Act (interpretation of Part 8), for the entry for “premium” substitute—
““premium” means any fine, sum or pecuniary consideration, other than the rent, and includes any service or administration fee or charge;”.
(4)In section 115(1) of that Act (interpretation), for the entry for “premium” substitute—
““premium” has the meaning given in section 90;”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: