The Scottish Secure Tenancies (Exceptions) Regulations 2002

Scottish Statutory Instruments

2002 No. 314

HOUSING

The Scottish Secure Tenancies (Exceptions) Regulations 2002

Made

26th June 2002

Laid before the Scottish Parliament

27th June 2002

Coming into force

30th September 2002

The Scottish Ministers, in exercise of the powers conferred by section 109(2) of, and paragraph 3(2) of Schedule 1 to, the Housing (Scotland) Act 2001(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Scottish Secure Tenancies (Exceptions) Regulations 2002 and shall come into force on 30th September 2002.

Tenancies which are not Scottish secure tenancies

2.  The following educational institutions or bodies are hereby specified for the purposes of paragraph 3 of Schedule 1 to the Housing (Scotland) Act 2001 (tenancies granted to persons who pursue or intend to pursue a course of study which cannot be Scottish secure tenancies):–

(a) any central institution within the meaning of section 135(1) of the Education (Scotland) Act 1980(2);

(b) any institution within the higher education sector for the purposes of section 56(2) of the Further and Higher Education (Scotland) Act 1992(3);

(c) any institution for the provision of further education within the meaning of that section which is administered by an education authority;

(d) any college of further education which is managed by a board of management in terms of Part I of the Further and Higher Education (Scotland) Act 1992;

(e) any association approved under regulation 8 of the Further Education (Scotland) Regulations 1959(4); and

(f) The Royal College of Surgeons of Edinburgh.

MARGARET CURRAN

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

26th June 2002

Explanatory Note

(This note is not part of the Regulations)

Section 11(4) of the Housing (Scotland) Act 2001 provides that a tenancy is not a Scottish secure tenancy if it is a tenancy of a kind mentioned in Schedule 1 to the Act.

Paragraph 3(1) of that Schedule provides that a tenancy is not a Scottish secure tenancy if it is granted to a person who is pursuing or intends to pursue a course of study provided by a specified educational institution and is granted either by that institution or by another specified institution or body.

These Regulations specify the educational institutions and bodies for the purposes of that paragraph.

(1)

2001 asp 10.

(2)

1980 c. 44.

(3)

1992 c. 37.

(4)

S.I. 1959/477, to which there are amendments not relevant to these Regulations.