- Draft legislation
The Rent (Scotland) Act 1984 (Premiums) Regulations 2012
You are here:
- Scottish Draft Statutory Instruments
- ISBN 978-0-11-101802-6
- Whole Instrument
- Previous
- Next
What Version
Opening Options
More Resources
Draft Legislation:
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Rent (Scotland) Act 1984 (Premiums) Regulations 2012 No. 329
Draft Regulations laid before the Scottish Parliament under section 89A(5) of the Rent (Scotland) Act 1984 for approval by resolution of the Scottish Parliament.
Draft Scottish Statutory Instruments
2012 No.
Landlord And Tenant
The Rent (Scotland) Act 1984 (Premiums) Regulations 2012
Made
Coming into force
30th November 2012
The Scottish Ministers make the following Regulations under section 89A(1) and (2)(a) of the Rent (Scotland) Act 1984(1) and all other powers enabling them to do so.
In accordance with section 89A(3) of that Act, the Scottish Ministers have consulted such persons or bodies as they consider representative of the interests of tenants, private sector landlords and persons who act as agents for such landlords, and such other persons or bodies as the Scottish Ministers consider appropriate.
In accordance with section 89A(5) of that Act, a draft of these Regulations has been laid before, and approved by resolution of, the Scottish Parliament.
Citation and commencement
1. These Regulations may be cited as the Rent (Scotland) Act 1984 (Premiums) Regulations 2012 and come into force on 30th November 2012.
Green deal payments
2. Any payments towards energy efficiency improvements under a green deal plan within the meaning of chapter 1 of the Energy Act 2011(2) are not to be treated as a premium for the purposes of Part 8 of the Rent (Scotland) Act 1984.
Name
A member of the Scottish Government
St Andrew’s House,
Edinburgh
Date
EXPLANATORY NOTE
(This note is not part of the Regulations)
Section 82 of the Rent (Scotland) Act 1984 (“the 1984 Act”) makes it an offence to charge or receive any premium or make any loan a condition of the grant, renewal or continuance of a protected tenancy. Section 27 of the Housing (Scotland) Act 1988 applies this provision to assured tenancies.
The Private Rented Housing (Scotland) Act 2011 inserted section 89A into the 1984 Act which gives Ministers the power to make provision about charges that may be made in connection with the grant, renewal or continuance of a tenancy, including categories of sum which are not to be treated as a premium.
Chapter 1 of the Energy Act 2011 introduces green deal plans whereby energy efficiency improvements to a property are to be paid for wholly, or partly in instalments, by the person who is liable to pay the energy bills for that property. A tenant could be liable for these payments. These Regulations clarify that payments under a green deal plan are not a premium.
(1)
1984 c.58. Section 89A was inserted by section 32(2) of the Private Rented Housing (Scotland) Act 2011 (asp 14).
(2)
Options/Help
Print Options
PrintThe Whole Instrument
Legislation is available in different versions:
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.
Opening Options
Different options to open legislation in order to view more content on screen at once
Draft Executive Notes
Draft Executive Note sets out a brief statement of the purpose of a Draft Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.