The Housing (Scotland) Act 2006 (Commencement No. 7, Savings and Transitional Provisions) Amendment Order 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Housing (Scotland) Act 2006 (Commencement No. 7, Savings and Transitional Provisions) Order 2009 (“the 2009 Order”). Article 2 of the Order adds to the provisions of the Housing (Scotland) Act 1987 (“the 1987 Act”) which are saved in certain circumstances.

The 2009 Order commences the repeal of sections 108 to 112 of the 1987 Act, which make provision about repair notices, the carrying out of repair work and the recovery of expenses. Article 2 of this Order inserts articles 4A to 4D in the 2009 Order. The effect is to save the provisions of sections 108 to 112 in relation to repair notices served before the repeal.

Article 4E as inserted by this Order also saves the provisions of sections 108, 109, 111 and 112 in relation to the recovery of expenses by a local authority carrying out work under section 164 of the 1987 Act as regards houses in multiple occupation.

The 2009 Order commences the repeal of sections 214 and 219(1)(a) of the 1987 Act, which make provision about house loans and rates of interest. Article 4F as inserted by this Order saves section 219(1)(a) in relation to house loans made under section 214 or under any other power to make loans for like purposes, before the repeal date. The effect is that such loans continue to be variable interest home loans for the purposes of section 219.