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The Housing (Scotland) Act 2014 (Commencement No. 8, Savings, Transitional and Supplemental Provisions) Order 2018

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Scottish Statutory Instruments

2018 No. 153 (C. 14)

Housing

The Housing (Scotland) Act 2014 (Commencement No. 8, Savings, Transitional and Supplemental Provisions) Order 2018

Made

12th May 2018

Laid before the Scottish Parliament

15th May 2018

Coming into force

24th June 2018

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 102(1) and 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. 8, Savings, Transitional and Supplemental Provisions) Order 2018 and comes into force on 24th June 2018.

(2) In this Order—

“the Act” means the Housing (Scotland) Act 2014; and

“the 2001 Act” means the Housing (Scotland) Act 2001(2).

Appointed days

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

Saving provision: sections 7(4)(b), 9(1) and (2), 10 and 11(d) of the Act

3.  Despite the commencement of the following provisions of the Act, the amendments made by those provisions have no effect in relation to a short Scottish security tenancy where a notice under section 34(4) (short Scottish secure tenancies) of the 2001 Act in relation to that tenancy is served prior to 1st May 2019:—

(a)section 7(4)(b) (grounds for granting short Scottish secure tenancy);

(b)section 9(1) and (2) (short Scottish secure tenancy: term);

(c)section 10 (short Scottish secure tenancy: extension of term); and

(d)section 11(d) (short Scottish secure tenancy: recovery of possession).

Saving provision: section 11(a) and (b) of the Act

4.  Despite the commencement of section 11(a) and (b) (short Scottish secure tenancy: recovery of possession) of the Act, the amendments made by those provisions have no effect in relation to proceedings raised under section 36(1) (recovery of possession) of the 2001 Act which rely on a notice under section 36(2)(a) (recovery of possession) of the 2001 Act served prior to 1st May 2019.

Saving provision: section 11(e) and (f), section 14(2)(a) and section 15 of the Act

5.  Despite the commencement of the following provisions of the Act, the amendments made by those provisions have no effect in relation to proceedings raised under section 14(1) of the 2001 Act (proceedings for possession) which rely on a notice under section 14(2)(a) of the 2001 Act served prior to 1st May 2019:—

(a)section 11(e) and (f) (short Scottish secure tenancy: recovery of possession);

(b)section 14(2)(a) (powers of court in possession proceedings); and

(c)section 15 (recovery of possession of properties designed for special needs).

Transitional provisions

6.  For the purposes of section 11(6A) (Scottish secure tenancy) of the 2001 Act(3), a notification given prior to 1st November 2019 by—

(a)a person falling within section 11(6) of the 2001 Act(4) at the time the notice was given; or

(b)any other person who was the tenant of the house in question when the notice was given,

that the house in question is, or is intended to be, the person’s only or principal home shall be deemed to be a notification for the purposes of section 11(6B) of the 2001 Act.

7.—(1) For the purposes of section 32(1)(b) (assignation, subletting etc. of Scottish secure tenancy) of the 2001 Act(5), a notification given prior to 1st November 2019 by—

(a)the assignee; or

(b)any other person who was the tenant of the house in question when the notice was given,

that the house in question was the person’s only or principal home shall be deemed to be a notification for the purposes of section 32(1A) of the 2001 Act(6).

(2) For the purposes of section 32(1)(c) of the 2001 Act(7), a notification given prior to 1st November 2019 by—

(a)the tenant; or

(b)any other person who was the tenant of the house in question when the notice was given,

that the house in question was the tenant’s only or principal home shall be deemed to be a notification for the purposes of section 32(1B) of the 2001 Act(8).

8.  For the purposes of paragraph 2, 3 or 4 of schedule 3 (succession to Scottish secure tenancy) of the 2001 Act(9), a notification given prior to 1st November 2019 by—

(a)a person referred to in paragraph 2(1)(a)(ii), 3 or 4 of schedule 3 of the 2001 Act; or

(b)any other person who was the tenant of the house in question when the notice was given,

that the house in question is the person’s only or principal home shall be deemed to be a notification for the purposes of paragraph 4A of schedule 3 of the 2001 Act(10).

Supplemental provision

9.  Prior to 1st November 2018, a landlord under a Scottish secure tenancy or a short Scottish secure tenancy must notify the tenant in writing of the changes to their tenancy agreement which will arise from the commencement of Part 2 of the Act.

KEVIN STEWART

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

12th May 2018

Article 2

SCHEDULE

Column 1

Provisions of the Act

Column 2

Subject-matter

Column 3

Appointed day

Section 99Repeal of defective designation provisions30th July 2018
Section 3Reasonable preference in allocation of social housing1st May 2019
Section 4 (insofar as not already in force)Rules on priority of allocation of housing: consultation1st May 2019
Section 5Factors which may be considered in allocation: ownership of property1st May 2019
Section 6 (insofar as not already in force)Determination of minimum period for application to remain in force1st May 2019
Section 7 (insofar as not already in force)Creation of short Scottish secure tenancy: antisocial behaviour1st May 2019
Section 8Grant of short Scottish secure tenancy: homeowners1st May 2019
Section 9Short Scottish secure tenancy: term1st May 2019
Section 10Short Scottish secure tenancy: extension of term1st May 2019
Section 11Short Scottish secure tenancy: recovery of possession1st May 2019
Section 14 (insofar as not already in force)Grounds for eviction: antisocial behaviour1st May 2019
Section 15Recovery of possession of properties designed for special needs1st May 2019
Section 12Assignation, sublet and joint tenancy of Scottish secure tenancy1st November 2019
Section 13Succession to Scottish secure tenancy1st November 2019

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”). Section 99 comes into force on 30th July 2018. Sections 3, 4 (insofar as not already in force), 5, 6 (insofar as not already in force), 7 (insofar as not already in force), 8 to 11, 14 (insofar as not already in force) and 15 come into force on 1st May 2019. Sections 12 and 13 come into force on 1st November 2019.

Article 3 makes a saving provision in relation to a short Scottish secure tenancy where a notice under section 34(4) of the 2001 Act was served prior to 1st May 2019.

Article 4 makes a saving provision so that the changes made by section 11(a) and (b) of the Act do not apply where a landlord has served a notice served under section 36(2) of the 2001 Act prior to 1st May 2019.

Article 5 makes a savings provision so that where a notice has been served under section 14(2)(a) of the 2001 Act prior to 1st May 2019—

  • the amendments made by section 11(e) and (f), which specify the date which must be inserted in a notice in relation to the recovery of possession of a house which is subject to a short Scottish secure tenancy, do not apply;

  • the powers available to the court to make an order for recovery of possession are those that existed prior to the commencement of section 14(2)(a) of the Act; and

  • the grounds for possession in paragraphs 11 and 12 of schedule 2 of the 2001 Act as they existed prior to the commencement of section 15 for the purpose of any proceedings for possession based on such a notice.

Articles 6, 7 and 8 contain transitional provisions which ensure that a notification given by the specified person or by the tenant prior to 1st November 2019 will be considered to be a notification for the purposes of the relevant sections in the 2001 Act.

Article 9 ensures that social landlords will inform their tenants of the changes that will be made to their tenancy agreements due to the commencement of Part 2 of the Act.

The Bill for the Act received Royal Assent on 1st August 2014. Sections 100, 101, 102, 104 and 105 of the Act came into force on that day by virtue of section 104(1) of the Act.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The provisions of the Housing (Scotland) Act 2014 (“the Act”) which have been, or are due to be brought into force by commencement orders made before the date of this Order are detailed in the table below.

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. 2014/264
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 16(1) and (2)1st December 2017S.S.I. 2017/330
Section 16(3) (partially)1st December 2017S.S.I. 2017/330
Section 171st December 2017S.S.I. 2017/330
Section 181st December 2017S.S.I. 2017/330
Section 191st December 2017S.S.I. 2017/330
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 29 (remainder)31st January 2018S.S.I. 2016/412
Section 30(2)(f) (partially)2nd February 2016S.S.I. 2015/430
Section 30 (remainder)31st January 2018S.S.I. 2016/412
Section 3131st January 2018S.S.I. 2016/412
Section 32(2)(c) (partially)2nd February 2016S.S.I. 2015/430
Section 32 (remainder)31st January 2018S.S.I. 2016/412
Sections 33 to 4331st January 2018S.S.I. 2016/412
Section 4531st January 2018S.S.I. 2016/412
Section 4620th November 2014S.S.I. 2014/264
Section 47 to 5131st January 2018S.S.I. 2016/412
Section 52(2)2nd February 2016S.S.I. 2015/430
Section 52 (remainder)31st January 2018S.S.I. 2016/412
Sections 53 to 6031st January 2018S.S.I. 2016/412
Section 6120th November 2014S.S.I. 2014/264
Section 62 (partially)20th November 2014S.S.I. 2014/264
Section 62 (remainder)31st January 2018S.S.I. 2016/412
Section 631st May 2017S.S.I. 2016/412
Sections 64 and 65 (partially)20th November 2014S.S.I. 2014/264
Sections 64 and 65 (remainder)1st May 2017S.S.I. 2016/412
Sections 66 to 691st May 2017S.S.I. 2016/412
Section 7020th November 2014S.S.I. 2014/264
Sections 71 to 761st May 2017S.S.I. 2016/412
Section 77 (partially)20th November 2014S.S.I. 2014/264
Section 77 (remainder)1st May 2017S.S.I. 2016/412
Sections 78 to 811st May 2017S.S.I. 2016/412
Section 8220th November 2014S.S.I. 2014/264
Sections 83 and 841st May 2017S.S.I. 2016/412
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 1 (partially)1st December 2017S.S.I. 2017/330
Schedule 2 (partially)20th November 2014S.S.I. 2014/264
Schedule 2 (partially)1st August 2016S.S.I. 2014/264
(1)

2014 asp 14 (“the 2014 Act”). Section 8 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (“the 2010 Act”) enables the power contained in section 104(3) of the 2014 Act to be exercised so as to appoint different days for different purposes. The powers to make this Order are exercised together by virtue of section 33(2) of the 2010 Act. This Order is subject to the negative procedure by virtue of section 33(4) of the 2010 Act.

(3)

Section 11(6A) and (6B) is inserted by section 12(1)(b) of the Housing (Scotland) Act 2014 (“the 2014 Act”). Section 12(1) is commenced by these Regulations.

(4)

Section 11(6) is amended by section 12(1)(a) of the 2014 Act.

(5)

Section 32(1)(b) is amended by section 12(2)(a) of the 2014 Act Section 12(2) is commenced by these Regulations.

(6)

Section 32(1A) is inserted by section 12(2)(b) of the 2014 Act.

(7)

Section 32(1)(c) is amended by section 12(2)(a) of the 2014 Act.

(8)

Section 32(1B) is inserted by section 12(2)(b) of the 2014 Act.

(9)

Paragraphs 2, 3 and 4 of schedule 3 are amended by section 13 of the 2014 Act. Section 13 is commenced by these Regulations. There are other amendments to paragraph 2 of schedule 3 not relevant to these Regulations.

(10)

Paragraph 4A of schedule 3 is inserted by section 13 of the Housing (Scotland) Act 2014.

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