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The Housing (Scotland) Act 2006 (Commencement No. 5, Savings and Transitional Provisions) Order 2007

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Citation

1.  This Order may be cited as the Housing (Scotland) Act 2006 (Commencement No. 5, Savings and Transitional Provisions) Order 2007.

Interpretation

2.  In this Order–

“the 2006 Act” means the Housing (Scotland) Act 2006; and

“the 1987 Act” means the Housing (Scotland) Act 1987(1).

Commencement of Provisions

3.  The day appointed for the coming into force of the provisions of the 2006 Act specified in Column 1 of the Table below is as shown in Column 2, but where a particular purpose is specified in relation to any provision in Column 3, that provision shall come into force on that day only for that purpose.

Table

Column 1Column 2Column 3
Sections 167 to 171, 17928th May 2007
Sections 12 to 29, 36 to 39, 58, 59(2) to (5), 60, 61, 63(2) to (9), 64(1) to (5) and (7), 65(1), (2) and (5), 66, 67, 172 to 174, 181(2), (4) and (6), 183, Schedule 23rd September 2007
Section 1923rd September 2007Only for the purpose of giving effect to the consequential changes in Schedule 6 and the repeals in Schedule 7 listed in this Order
Schedule 6, paragraphs 4, 5, 7, 8, 16, 17, 193rd September 2007
Schedule 73rd September 2007Only for the purposes of the repeal of section 113 of and Schedule 10 to the 1987 Act

Savings

4.  Notwithstanding the repeal of Schedule 10 to the 1987 Act by virtue of article 3, that Schedule shall continue to have effect in respect of any proceedings already commenced to enforce the obligations provided for in that Schedule.

Transitional provisions

5.  Where, under paragraph 5 of Schedule 10 to the 1987 Act, the sheriff has granted an order authorising the inclusion in a lease, or in an agreement collateral to a lease, of provisions excluding in relation to the lease the provisions of paragraph 3 of that Schedule, the tenancy in respect of that lease shall be treated as if the sheriff had granted an order under section 18 of the 2006 Act excluding the application to the tenancy of sections 14, 15 and 17 of the 2006 Act.

6.  Where, under paragraph 5 of Schedule 10 to the 1987 Act, the sheriff has granted an order authorising the inclusion in a lease, or in an agreement collateral to a lease, of provisions modifying in relation to the lease the provisions of paragraph 3 of that Schedule, to the extent that any of those modifications is capable of modifying the application of the provisions of sections 14, 15 or 17 of the 2006 Act, those modifications shall be treated as if made by order of the sheriff under section 18 of the 2006 Act.

DES McNULTY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

27th March 2007

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