The Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2022

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2022 and come into force on 29 March 2022.

(2) For the purposes of these Regulations, “the 2020 Act” means the Coronavirus (Scotland) Act 2020.

Expiry of provisions of the Coronavirus (Scotland) Act 2020

2.  30 March 2022 is specified as the day on which the following provisions of the 2020 Act expire—

(a) paragraphs 2, 4 and 6 to 10 of schedule 1 (evictions from dwelling houses)(1),

(b) paragraphs 11(2), 12 and 14 of schedule 6 (local authority meetings),

(c) paragraphs 6 and 7 of schedule 7 (irritancy clauses in commercial leases: non-payment of rent or other sums due).

Expiry of provision of the Coronavirus (Scotland) (No. 2) Act 2020

3.  30 March 2022 is specified as the day on which paragraph 14 of schedule 4 (council tax: exempt dwellings) of the Coronavirus (Scotland) (No. 2) Act 2020 expires.

Saving provision

4.—(1) Despite regulation 2(a), the provisions of schedule 1 of the 2020 Act specified in paragraph (2), as they had effect immediately before 30 March 2022, continue to have effect for the purposes specified in paragraph (3).

(2) The specified provisions are paragraphs 2, 4, 6, 7, 9 and 10

(3) The specified purposes are all purposes in relation to—

(a) a notice to leave, within the meaning of section 62 of the Private Housing (Tenancies) (Scotland) Act 2016(3), received by a tenant prior to 30 March 2022,

(b) a notice served on a tenant under section 14(2)(a) or 36(2)(a) of the Housing (Scotland) Act 2001(4) prior to 30 March 2022,

(c) a notice served on a tenant under section 19 or 33(1)(d) of the Housing (Scotland) Act 1988(5) prior to 30 March 2022,

(d) a notice served on a tenant in accordance with section 112(1) of the Rent (Scotland) Act 1984(6) prior to 30 March 2022.

Transitional provision

5.—(1) Paragraph (2) applies where—

(a) a notice under any of the provisions listed in regulation 4(3) has been served on a tenant prior to 30 March 2022 (“the existing notice”) and the notice period applicable to that notice has not expired, and

(b) a new notice is served on the tenant under any of the provisions listed in regulation 4(3) (“the new notice”) seeking eviction on the same ground or grounds of eviction as the existing notice.

(2) Where this paragraph applies, the notice period applicable to the new notice cannot expire earlier than the notice period applicable to the existing notice.

(3) For the purposes of paragraph (1)(b)—

(a) a new notice is on the same ground or grounds of eviction as the existing notice if the new notice contains any ground or grounds of eviction contained in the existing notice,

(b) the reference to eviction includes possession or recovery of possession (however described), and

(c) the reference to a ground or grounds of eviction includes a ground or grounds for possession or recovery of possession (however described).

JOHN SWINNEY

A member of the Scottish Government

St Andrew’s House,

Edinburgh

21st February 2022