- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Private Landlord Registration (Modification) (Scotland) Order 2022 No. 163
Draft Order laid before the Scottish Parliament under section 141(4) of the Antisocial Behaviour etc. (Scotland) Act 2004, for approval by resolution of the Scottish Parliament.
Draft Scottish Statutory Instruments
Housing
Local Government
Made
2022
Coming into force
2022
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 83(7) and 141(2) of the Antisocial Behaviour etc. (Scotland) Act 2004(1) and all other powers enabling them to do so.
In accordance with section 141(4) of that Act(2), a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
1. This Order may be cited as the Private Landlord Registration (Modification) (Scotland) Order 2022 and comes into force on the day after the day on which it is made.
2. Section 83(6) of the Antisocial Behaviour etc. (Scotland) Act 2004 (application for registration) is modified as follows—
(a)the word “or” immediately after paragraph (m) is repealed,
(b)after paragraph (n) insert—
“; or
(o)the house is being used, under an occupancy arrangement, by a person who has permission to enter into or to stay in the United Kingdom granted under the immigration rules laid down under section 3(2) of the Immigration Act 1971(3) in relation to the Homes for Ukraine Sponsorship Scheme(4).”.
Name
A member of the Scottish Government
St Andrew’s House,
Edinburgh
Date
(This note is not part of the Order)
This Order modifies section 83(6) of the Antisocial Behaviour etc. (Scotland) Act 2004 (“the Act”) under powers provided in sections 83(7) and 141(2) of the Act to restrict the application of the landlord register in certain specified circumstances.
Section 83(6) lists circumstances where the use of a house as a dwelling is to be disregarded for the purposes of landlord registration. This Order adds a further set of circumstances where the use of a house as a dwelling is to be disregarded for the purposes of landlord registration.
Article 2 of the Order modifies section 83(6) to provide that the use of a house under an occupancy arrangement (not a lease) by a person who has permission to enter or stay in the United Kingdom granted under the Homes for Ukraine Sponsorship Scheme route in the immigration rules, does not constitute the use of a dwelling for the purposes of landlord registration.
Section 141 has been modified by paragraph 5 of schedule 3 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).
The rules in relation to the Homes for Ukraine Sponsorship Scheme are set out at UKR 11.1 to UKR 20.2 of the Appendix Ukraine Scheme of the Immigration Rules (HC 395). https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme. “Permission to enter” and “permission to stay” are defined at paragraph 6.2 of the Immigration Rules: Introduction ( https://www.gov.uk/guidance/immigration-rules/immigration-rules-introduction#intro6).
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.
Draft Policy 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 2012 onwards. Prior to this date these type of notes existed as 'Executive Notes' and accompanied Draft Scottish Statutory Instruments from July 2005 until July 2012.
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: