PART 2Tenancy terms

I18Regulations under section 7

1

Regulations may not be made under section 7(1) unless—

a

they prescribe, in relation to the tenancies to which the regulations are to apply, the terms set out in schedule 2, or

b

those terms are prescribed in relation to those tenancies already.

2

Regulations made under section 7 may not be revoked in exercise of the power conferred by that section to the extent that their revocation would result in terms set out in schedule 2 not applying in relation to some or all private residential tenancies.

3

Nothing in this section prevents provision being made under section 7(3) so that—

a

in some circumstances, a term set out in schedule 2 is not a term of a private residential tenancy,

b

in some or all circumstances, a term set out in schedule 2 applies subject to modification.

4

Before making regulations under section 7, the Scottish Ministers must consult such persons representing the interests of tenants and landlords under private residential tenancies as they think fit.

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