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The Housing (Scotland) Act 2001 (Commencement No. 1, Transitional Provisions and Savings) Order 2001

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Scottish Statutory Instruments

2001 No. 336 (C. 15)

HOUSING

The Housing (Scotland) Act 2001 (Commencement No. 1, Transitional Provisions and Savings) Order 2001

Made

27th September 2001

The Scottish Ministers, in exercise of the powers conferred by sections 109(2) and 113(1) and (2) of the Housing (Scotland) Act 2001(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Housing (Scotland) Act 2001 (Commencement No. 1, Transitional Provisions and Savings) Order 2001.

(2) In this Order, “the Act” means the Housing (Scotland) Act 2001.

Commencement of Provisions

2.—(1) This article has effect subject to the provisions of article 3 below.

(2) The provisions of the Act which are specified in Part I of the Schedule to this Order shall come into force on 1st October 2001.

(3) The provisions of the Act which are specified in Part II of the Schedule to this Order shall come into force on 1st November 2001 but, where a particular purpose in relation to any such provision is specified in column 2 of that Part of that Schedule, that provision shall come into force on that day only for that purpose.

Transitional Provisions and Savings

3.—(1) Notwithstanding the commencement of Part 3 of, and Schedule 9 to, the Act, the references in that Part and that Schedule to a Scottish secure tenancy shall, until such time as the provisions in Chapter 1 of Part 2 of the Act come into force, be construed as references to a secure tenancy within the meaning of Part III of the Housing (Scotland) Act 1987(2).

(2) Section 61 of the Housing (Scotland) Act 1987 shall, until such time as the provisions in Chapter 2 of Part 2 of the Act come into force for all purposes, apply, on and after 1st November 2001, to a registered social landlord as it applied to a registered housing association immediately before that date.

J BAILLIE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

27th September 2001

Article 2

SCHEDULE

PART IPROVISIONS OF THE ACT COMING INTO FORCE ON 1ST OCTOBER 2001

Sections 1, 2, 88, 95, 108 and 111.

PART IIPROVISIONS OF THE ACT COMING INTO FORCE ON 1ST NOVEMBER 2001

Column 1Column 2
Provisions of the ActPurpose
Sections 57 to 83
Sections 90 to 94
Section 106
Section 107
Section 112Only for the purpose of bringing into force the modifications in Schedule 10 specified in the Table below.
Schedules 7 to 9
In Schedule 10, the modifications specified in the Table below

TABLE

Modifications

ChapterShort TitleExtent of Modifications
1968 c. 55Friendly and Industrial and Provident Societies Act 1968The amendments listed in paragraph 2 of Schedule 10 to the Act.
1984 c. 58Rent (Scotland) Act 1984The amendments listed in paragraphs 9(2) and 9(4) of Schedule 10 to the Act.
1985 c. 69Housing Associations Act 1985The amendments listed in paragraph 11 of Schedule 10 to the Act.
1986 c. 65Housing (Scotland) Act 1986The amendment listed in paragraph 12 of Schedule 10 to the Act.
1987 c. 26Housing (Scotland) Act 1987

In section 239A, the amendments listed in paragraph 13(24) of Schedule 10 to the Act.

In section 256A, the amendment listed in paragraph 13(35) of Schedule 10 to the Act.

1988 c. 43Housing (Scotland) Act 1988

In section 56, the amendments listed in paragraph 14(5)(a) and (b) of Schedule 10 to the Act.

In section 57, the amendments listed in paragraph 14(6) of Schedule 10 to the Act.

In section 58, the amendments listed in paragraph 14(7) of Schedule 10 to the Act.

In section 63, the amendments listed in paragraph 14(8) of Schedule 10 to the Act.

In Schedule 2, the amendments listed in paragraph 14(11) of Schedule 10 to the Act, but only insofar as they commence the repeal of paragraph 6.

In Schedule 4, the amendment listed in paragraph 14(12)(c) of Schedule 10 to the Act.

In Schedule 9, the amendments listed in paragraph 14(15) of Schedule 10 to the Act, but only insofar as they commence the repeal of paragraphs 6, 8 and 9.

1988 c. 50Housing Act 1988The amendments listed in paragraphs 15(2) and (8) of Schedule 10 to the Act.

Explanatory Note

(This note is not part of the Order)

This Order brings into force various provisions of the Housing (Scotland) Act 2001.

Article 2(2) and Part I of the Schedule bring into force on 1st October 2001 the provisions listed in that Part.

Article 2(3) and Part II of the Schedule bring into force on 1st November 2001 the provisions listed in that Part, subject to any restriction of purpose specified.

Article 3 makes transitional and savings provisions.

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