Search Legislation

The Housing (Scotland) Act 2001 (Commencement No. 4, Transitional Provisions and Savings) Order 2002

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Scottish Statutory Instruments

2002 No. 168 (C. 9)

HOUSING

The Housing (Scotland) Act 2001 (Commencement No. 4, Transitional Provisions and Savings) Order 2002

Made

26th March 2002

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. 4, Transitional Provisions and Savings) Order 2002.

(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 column 1 of the Schedule to this Order shall, insofar as not already in force, come into force on 1st April 2002 but, where a particular purpose in relation to any such provision is specified in column 2 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 provisions by article 2 above, the Housing (Scotland) Act 1987(2) shall continue to apply, on and after 1st April 2002, as it applied immediately before that date, but only for the purposes of an application for–

(a)housing under Part I of that Act; or

(b)accommodation or assistance under Part II of that Act,

made before that date.

(2) Paragraph (1) above is without prejudice to paragraph 13 of Schedule 1 to the Scotland Act 1998 (Transitory and Transitional Provisions) (Publication and Interpretation etc. of Acts of the Scottish Parliament) Order 1999(3).

IAIN GRAY

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

26th March 2002

Article 2

SCHEDULEPROVISIONS OF THE ACT COMING INTO FORCE ON 1ST APRIL 2002

Column 1Column 2
Provisions of the ActPurpose
Section 3(1)(a) and (c)
Section 3(4)(b)
Section 4
Sections 8 to 10
Section 112Only for the purpose of bringing into force the modifications in Schedule 10 specified in the Table below.
In Schedule 10, the modifications specified in the Table below

TABLE

Modifications

ChapterShort TitleExtent of Modifications
1987 c. 26Housing (Scotland) Act 1987The amendments listed in paragraph 13(3) of Schedule 10 to the Act.
1992 c. 5Social Security Administration Act 1992The amendment listed in paragraph 17 of Schedule 10 to the Act.
1993 c. 28Leasehold Reform, Housing and Urban Development Act 1993The amendments listed in paragraph 20 of Schedule 10 to the Act, but only insofar as they commence the repeal of section 155(2).

Explanatory Note

(This note is not part of the Order)

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

Article 2 and the Schedule bring into force on 1st April 2002 provisions, listed in that Schedule, which relate to homelessness, common housing registers, housing lists and allocations.

Article 3 of the Order makes transitional and savings provision so that any application for housing (under Part I of the Housing (Scotland) Act 1987) or for accommodation or assistance (under Part II of that Act) made before 1st April 2002 has the law as it was before that date applied to it.

The 2001 Act received Royal Assent on 18th July 2001. Sections 109, 110 and 113 came into force on Royal Assent.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The Housing (Scotland) Act 2001 (Commencement No. 1, Transitional Provisions and Savings) Order 2001 (S.S.I. 2001/336) provides for commencement of provisions of the Act as follows:–

ProvisionDate of commencement
Sections 1–21st October 2001
Sections 57–831st November 2001
Section 881st October 2001
Sections 90 to 941st November 2001
Section 951st October 2001
Sections 106–1071st November 2001
Section 1081st October 2001
Section 1111st October 2001
Section 112 (only for the purpose of bringing into force certain paragraphs of Schedule 10)1st November 2001
Schedules 7 to 91st November 2001
Schedule 10 (partially)1st November 2001

The Housing (Scotland) Act 2001 (Commencement No. 2, Transitional Provisions, Savings and Variation) Order 2001 (S.S.I. 2001/397) provides for commencement of provisions of the Act as follows:–

ProvisionDate of commencement
Section 84 (only for the purpose of transferring all of the functions of Scottish Homes to the Scottish Ministers except for the functions conferred by section 1(3)(b) of the Housing (Scotland) Act 1988)1st November 2001
Section 851st November 2001
Section 871st November 2001
Section 891st November 2001
Section 112 (only for the purposes of bringing into force certain paragraphs of Schedule 10)1st November 2001
Schedule 10 (partially)1st November 2001

The Housing (Scotland) Act 2001 (Commencement No. 3, Transitional Provisions and Savings) Order 2001 (S.S.I. 2001/467) provides for commencement of provisions of the Act as follows:–

ProvisionDate of commencement
Section 112 (only for the purposes of bringing into force certain paragraphs of Schedule 10)19th December 2001
Schedule 10 (partially)19th December 2001
(3)

S.I. 1999/1379.

Back to top

Options/Help

Print Options

Close

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

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
Close

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