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The Housing (Scotland) Act 2014 (Commencement No. 6 and Transitional Provision) Order 2016

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Scottish Statutory Instruments

2016 No. 412 (C. 42)

Housing

The Housing (Scotland) Act 2014 (Commencement No. 6 and Transitional Provision) Order 2016

Made

6th December 2016

Laid before the Scottish Parliament

8th December 2016

Coming into force

23rd December 2016

The Scottish Ministers make the following Order in exercise of the powers conferred by section 104(3) and (5) of the Housing (Scotland) Act 2014(1) and all other powers enabling them to do so.

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Housing (Scotland) Act 2014 (Commencement No. 6 and Transitional Provision) Order 2016 and comes into force on 23rd December 2016.

(2) In this Order “the Act” means the Housing (Scotland) Act 2014.

Appointed days

2.  The day appointed for the coming into force of the provisions of the Act specified in column 1 of the schedule (the subject matter of which is described in column 2 of the schedule) is specified in column 3 of the schedule.

Transitional provision

3.—(1) Despite the commencement of section 44 (offence of operating as a letting agent without registration) of the Act, it is not an offence under subsection (1) of that section for a person who is not a registered letting agent to carry out letting agency work if—

(a)the person has, before 31st September 2018, made an application under section 30 of the Act, to be entered in the register; and

(b)the application has not yet been finally determined.

(2) For the purpose of paragraph (1)(b), an application is finally determined when—

(a)the applicant is entered in the register;

(b)it is withdrawn; or

(c)it is refused and either—

(i)the time limit for appeal against refusal expires without an appeal having been made; or

(ii)an appeal against refusal is dismissed or abandoned.

KEVIN STEWART

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

6th December 2016

Article 2

SCHEDULE

Column 1

Provisions of the Act

Column 2

Subject-matter

Column 3

Appointed day

Section 63Licensing of sites for permanent residents1st May 2017
Section 64 (insofar as not already in force)Relevant permanent site application1st May 2017
Section 65 (insofar as not already in force)Issue, renewal, transfer and transmission of a Part 1A site licence1st May 2017
Section 66Duration of a Part 1A site licence1st May 2017
Section 67Duty to inform local authority where change1st May 2017
Section 68Revocation of a Part 1A site licence: fit and proper person1st May 2017
Section 69Appeals relating to a Part 1A site licence1st May 2017
Section 71Fit and proper person considerations1st May 2017
Section 72Fit and proper person: criminal conviction certificate1st May 2017
Section 73Fit and proper person: information sharing1st May 2017
Section 74Offences relating to relevant permanent sites1st May 2017
Section 75Improvement notices1st May 2017
Section 76Penalty notices1st May 2017
Section 77 (insofar as not already in force)Appointment of interim manager1st May 2017
Section 78Emergency action1st May 2017
Section 79Powers of entry1st May 2017
Section 80Recovery of inspection and enforcement expenses1st May 2017
Section 81Offences by bodies corporate etc. under Part 1A of the 1960 Act1st May 2017
Section 83Transitional provision for existing site licences1st May 2017
Section 84Agreements to which the Mobile Homes Act 1983 applies1st May 2017
Section 29 (insofar as not already in force)Register of letting agents31st January 2018
Section 30 (insofar as not already in force)Application for registration31st January 2018
Section 31Offence of providing false information in an application31st January 2018
Section 32 (insofar as not already in force)Decision on application31st January 2018
Section 33Time limit for determining application31st January 2018
Section 34Fit and proper person considerations31st January 2018
Section 35Fit and proper person: criminal record information31st January 2018
Section 36Letting agent registration number31st January 2018
Section 37Duty to inform: change of circumstances31st January 2018
Section 38Duration of registration31st January 2018
Section 39Revocation of registration31st January 2018
Section 40Removal from register on application31st January 2018
Section 41Appeals31st January 2018
Section 42Note on register where refusal or removal31st January 2018
Section 43No payment for letting agency work refusal or removal31st January 2018
Section 45Offence of using a registration number where no registration31st January 2018
Section 47Prohibition on contracting out31st January 2018
Section 48Applications to First-tier Tribunal to enforce code of practice31st January 2018
Section 49Variation and revocation of enforcement orders31st January 2018
Section 50Failure to comply with enforcement order31st January 2018
Section 51Enforcement orders: offence31st January 2018
Section 52 (insofar as not already in force)Power to obtain information31st January 2018
Section 53Power to carry out inspections31st January 2018
Section 54Warrants for entry31st January 2018
Section 55Inspections: supplemental31st January 2018
Section 56Information and inspection: offence31st January 2018
Section 57Transfer of jurisdiction of actions involving letting agents31st January 2018
Section 58Offences by bodies corporate etc.31st January 2018
Section 59Delegation of functions relating to the register31st January 2018
Section 60Landlord registration where agent is a registered letting agent31st January 2018
Section 62 (insofar as not already in force)Interpretation of Part 431st January 2018
Section 44Offence of operating as a letting agent without registration31st September 2018

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force various provisions of the Housing (Scotland) Act 2014 (“the Act”).

Article 2 and the schedule appoint 1st May 2017 for the commencement of the remaining provisions in Part 5 (mobile home sites with permanent residents) of the Act.

31st January 2018 is the day appointed for the coming into force of the majority of the provisions in Part 4 (letting agents) of the Act.

Section 44 (offence of operating as a letting agent without registration) of the Act will come into force on 31st September 2018 which gives a period of 8 months from the date the register of letting agents is established before that offence provision is in force. Article 3 ensures that the offence provision will not apply if by that date an application has been made but has not been finally determined.

Sections 100, 101, 102, 104 and 105 of the Act come into force on the day the Bill for the Act received Royal Assent: 1st August 2014

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Housing (Scotland) Act 2014 have been brought into force by commencement orders made before the date of this Order.

Table 1

Provision of the ActDate of CommencementS.S.I. No.
Section 1(1)1st August 2016S.S.I. 2014/264
Section 1(2)20th November 2014S.S.I. 2014/164
Section 1(3) (partially)20th November 2014S.S.I. 2014/264
Section 1(3) (remainder)1st July 2017S.S.I. 2014/264
Section 220th November 2014S.S.I. 2014/264
Section 4(2) (partially)20th November 2014S.S.I. 2014/264
Section 6(2) (partially)20th November 2014S.S.I. 2014/264
Section 7(1)(b)20th November 2014S.S.I. 2014/264
Section 14(1)20th November 2014S.S.I. 2014/264
Section 2020th November 2014S.S.I. 2014/264
Section 221st December 2015S.S.I. 2015/272
Section 23(1)20th November 2014S.S.I. 2014/264
Section 23 (remainder)1st December 2015S.S.I. 2015/272
Section 2420th November 2014S.S.I. 2014/264
Section 25(1)(a) (partially), (1)(b) to (e) and (2) to (11)1st December 2015S.S.I. 2015/349
Section 25(1)(a) (partially)1st April 2016S.S.I. 2015/349
Section 25(1)(a) (remainder)1st June 2016S.S.I. 2015/349
Section 26(7)20th November 2014S.S.I. 2014/264
Sections 26 (remainder) and 271st December 2015S.S.I. 2015/272
Section 2820th November 2014S.S.I. 2014/264
Section 29(2)(b) (partially)2nd February 2016S.S.I. 2015/430
Section 30(2)(f) (partially)2nd February 2016S.S.I. 2015/430
Section 32(2)(c) (partially)2nd February 2016S.S.I. 2015/430
Section 4620th November 2014S.S.I. 2014/264
Section 52(2) (partially)2nd February 2016S.S.I. 2015/430
Section 6120th November 2014S.S.I. 2014/264
Section 62 (partially)20th November 2014S.S.I. 2014/264
Sections 64 and 65 (partially)20th November 2014S.S.I. 2014/264
Section 7020th November 2014S.S.I. 2014/264
Section 77 (partially)20th November 2014S.S.I. 2014/264
Section 8220th November 2014S.S.I. 2014/264
Section 85(3) and (4)20th November 2014S.S.I. 2014/264
Section 85 (remainder)1st April 2015S.S.I. 2015/122
Section 86(1) (partially)13th November 2014S.S.I. 2014/264
Section 86(2) (partially)13th November 2014S.S.I. 2014/264
Section 86 (remainder)16th December 2014S.S.I. 2014/264
Sections 87 and 881st April 2015S.S.I. 2015/122
Section 8913th July 2015S.S.I. 2015/272
Sections 90 to 921st April 2015S.S.I. 2015/122
Sections 94 to 9620th November 2014S.S.I. 2014/264
Section 97 (partially)20th November 2014S.S.I. 2014/264
Section 97 (remainder)31st August 2015S.S.I. 2015/272
Section 9820th November 2014S.S.I. 2014/264
Section 103 (partially)20th November 2014S.S.I. 2014/264
Section 103 (partially)1st August 2016S.S.I. 2014/264
Schedule 2 (partially)1st August 2016S.S.I. 2014/264

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