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The Private Rented Housing (Scotland) Act 2011 (Commencement No. 1 and Saving Provision) Order 2011

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Scottish Statutory Instruments

2011 No. 270 (C. 22)

Housing

The Private Rented Housing (Scotland) Act 2011 (Commencement No. 1 and Saving Provision) Order 2011

Made

16th June 2011

Laid before the Scottish Parliament

20th June 2011

Coming into force

31st August 2011

The Scottish Ministers make the following Order in exercise of the powers conferred by section 41(3) and (4) of the Private Rented Housing (Scotland) Act 2011(1).

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Private Rented Housing (Scotland) Act 2011 (Commencement No. 1 and Saving Provision) Order 2011 and comes into force on 31st August 2011.

(2) In this Order “the Act” means the Private Rented Housing (Scotland) Act 2011.

Commencement of provisions

2.—(1) Subject to paragraph (2), the provisions of the Act specified in column 1 of the Schedule (the subject matter of which is specified in column 2 of the Schedule) come into force on 31st August 2011.

(2) Where a purpose is specified in column 3 of the Schedule in relation to any provision, that provision comes into force on 31st August 2011 for that purpose only.

Saving provision

3.—(1) The amendment made by section 7 of the Act (penalty for acting as unregistered landlord etc.) is of no effect in relation to an offence committed before 31st August 2011.

(2) For the purposes of paragraph (1), where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it is to be taken to have been committed on the first of those days.

KEITH BROWN

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

16th June 2011

Article 2

SCHEDULE

Column 1

Provisions of the Act

Column 2

Subject matter

Column 3

Purpose

Section 2Fit and proper person: criminal record certificate
Section 4(a)Appointment of agents (fees)Only for the purpose of enabling the Scottish Ministers to prescribe matters by regulations
Section 4(b)Appointment of agents (offence)
Section 7Penalty for acting as unregistered landlord etc.
Section 10Part 8 of the Antisocial Behaviour etc. (Scotland) Act 2004(2): guidance
Section 13(1), (3) and (6)Amendment of the licensing regime for houses in multiple occupation
Section 14Penalty for certain offences in relation to houses in multiple occupation
Section 15Reasons for decisions
Section 16Guidance
Section 33Tenant information packsOnly for the purpose of enabling the Scottish Ministers to specify documents and make provision by order
Section 34Notices required for termination of short assured tenancy
Section 36Relaxation of residential restriction on leases of more than 20 years
Section 37Restriction of right to redeem heritable securities after 20 years

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings certain provisions of the Private Rented Housing (Scotland) Act 2011 (“the Act”) into force on 31st August 2011.

Sections 4(a) and 33 of the Act are brought into force on that date for the purposes of making subordinate legislation only.

Article 3 makes provision to ensure that the increased penalty for landlord registration offences, introduced by section 7 of the Act, does not apply to offences committed before 31st August 2011.

The Bill for the Act received Royal Assent on 20th April 2011. Part 5 of the Act (sections 38 to 41: general provisions) came into force the following day.

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