Scottish Statutory Instruments
Housing
Made
6th December 2010
The Scottish Ministers make the following Order in exercise of the powers conferred by section 195(3) of the Housing (Scotland) Act 2006(1).
1. This Order may be cited as the Housing (Scotland) Act 2006 (Commencement No. 9) Order 2010.
2. The day appointed for the coming into force of sections 120 to 123 of the Housing (Scotland) Act 2006 is 21st December 2010.
ALEX NEIL
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
6th December 2010
(This note is not part of the Order)
This Order brings into force, on 21st December 2010, the provisions of Part 4 of the Housing (Scotland) Act 2006, which makes provision in relation to tenancy deposits.
Sections 120 to 122 make provision about tenancy deposit schemes. Section 120 defines what is meant by “tenancy deposit” and “tenancy deposit scheme”. Section 121 empowers the Scottish Ministers to make regulations to set the regulatory framework pertaining to tenancy deposit schemes. Section 122 makes provision about the approval of tenancy deposit schemes by the Scottish Ministers, publicity and consultation requirements and the review of tenancy deposit schemes.
Section 123 makes a minor amendment to section 90(3) of the Rent (Scotland) Act 1984 (c.58) to declare, for the avoidance of doubt, that a deposit received from a tenant as security for the tenant’s obligations to pay rent is not an unlawful premium for the purposes of Part 8 of that Act.
(This note is not part of the Order)
The following provisions of the Housing (Scotland) Act 2006 have been brought into force by commencement order made before the date of this Order:—
| Provision | Date of Commencement | S.S.I. No. |
|---|---|---|
| Sections 176 and 177 | 29th January 2006 | 2006/14 |
| Sections 178 and 180 | 17th May 2006 | 2006/252 |
| Sections 70, 175, 185, 193 and 194 | 5th July 2006 | 2006/395 |
| Sections 52, 53, 54, 55, 56, 57, 63(1), 64(6), 65(3) and (4), 181(1)(c) and (5), 182, 184, 186, 187, 188 and 189 | 4th December 2006 | 2006/395 and 2006/569 |
| Partially, sections 22(5), 64(7), 65(5), 66(1) and (4), 99, 104, 105, 111(3), Schedule 2, paragraph 8 and Schedule 3, paragraph 2 | 4th December 2006 | 2006/395 and 2006/569 |
| Sections 167 to 171 and 179 | 28th May 2007 | 2007/270 |
| Sections 12 to 29, 36 to 39, 58, 59(2) to (5), 60, 61, 63(2) to (9), 64(1) to (5) and (7), 65(1), (2) and (5), 66, 67, 172 to 174, 181(2), (4) and (6), 183, schedule 2 and schedule 6, paragraphs 4, 5, 7, 8, 16, 17 and 19 | 3rd September 2007 | 2007/270 |
| Partially, section 192 and schedule 7 | 3rd September 2007 | 2007/270 |
| Sections 73, 77 and 79 | 29th September 2008 | 2008/308 |
| Sections 98 to 119 | 1st December 2008 | 2008/308 |
| Sections 1 to 11, 30 to 35, 40 to 51, 59(1) and (6), 62, 65(6), 68, 69, 71 to 97, 181(1)(a), (b), (d) and (e) and (3) and schedule 1 | 1st April 2009 | 2009/122 |
| Section 192 (partially) | 1st April 2009 | 2009/122 |
| Schedule 6, paragraphs 1 to 3, 6, 9, 10, 12, 14 and 20 to 22 | 1st April 2009 | 2009/122 |
| Schedule 7 (partially) | 1st April 2009 | 2009/122 |
| Schedule 6, paragraph 11 | 1st April 2010 | 2009/122 |
| Schedule 7 (partially) | 1st April 2010 | 2009/122, as amended by S.S.I. 2010/114 |
| Sections 124 to 166 | 31st August 2011 | 2010/159 |
| Section 192 (partially) | 31st August 2011 | 2010/159 |
| Schedule 4 | 31st August 2011 | 2010/159 |
| Schedule 5 | 31st August 2011 | 2010/159 |
| Schedule 6, paragraphs 18, 23 and 24 | 31st August 2011 | 2010/159 |
| Schedule 7 (partially) | 31st August 2011 | 2010/159 |