The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Amendment of Expiry Dates and Rent Cap Modification) Regulations 2023

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Cost of Living (Tenant Protection) (Scotland) Act 2022 (Amendment of Expiry Dates and Rent Cap Modification) Regulations 2023.

(2) Subject to paragraph (3), these Regulations come into force on the day after the day on which they are made.

(3) Regulations 3, 4 and 5 come into force on 1 April 2023.

(4) In these Regulations—

“the 1988 Act” means the Housing (Scotland) Act 1988,

“the 2016 Act” means the Private Housing (Tenancies) (Scotland) Act 2016,

“the 2022 Act” means the Cost of Living (Tenant Protection) (Scotland) Act 2022.

(5) In regulations 3 and 4, the references to each of the sections of the 1988 Act and the 2016 Act respectively are references to each of those sections that are to be treated as having been inserted into those Acts by virtue of paragraphs 2 and 1 respectively of schedule 1 of the 2022 Act.

Amendment of expiry date of Part 1 of the Cost of Living (Tenant Protection) (Scotland) Act 2022

2.—(1) The 2022 Act is amended as follows.

(2) In section 7(1) (expiry of Part 1) for “31 March 2023” substitute “30 September 2023”.

Modification of the Housing (Scotland) Act 1988

3.—(1) The 1988 Act is modified as follows.

(2) In section 23A(2), for “0%” substitute “3%”.

(3) In section 24F(2)(b)(1), for “3%” substitute “6%”.

(4) In section 24F(4)(b), for “3%” substitute “6%”.

(5) In section 24G(4)(b)(2), for “3%” substitute “6%”.

Modification of the Private Housing (Tenancies) (Scotland) Act 2016

4.—(1) The 2016 Act is modified as follows.

(2) In section 21A(2), for “0%” substitute “3%”.

(3) In section 33B(2)(b)(3), for “3%” substitute “6%”.

(4) In section 33B(4)(b), for “3%” substitute “6%.

(5) In section 33C(4)(b)(4), for “3%” substitute “6%”.

Transitional provisions

5.—(1) The modifications made by regulation 3(3) and (4) apply only to an application under section 24E(1)(5) of the 1988 Act that is made on or after 1 April 2023.

(2) The modification made by regulation 3(5) applies only to an appeal under section 24G(1) of the 1988 Act where—

(a) the appeal is against an order made under section 24F(2) or (3) of that Act, and

(b) the order was made following an application under section 24E(1) of that Act that was made on or after 1 April 2023.

(3) The modifications made by regulation 4(3) and (4) apply only to an application under section 33A(1)(6) of the 2016 Act that is made on or after 1 April 2023.

(4) The modification made by regulation 4(5) applies only to an appeal under section 33C(1) of the 2016 Act where—

(a) the appeal is against an order made under section 33B(2) or (3) of that Act, and

(b) the order was made following an application under section 33A(1) of that Act that was made on or after 1 April 2023.

PATRICK HARVIE

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

16th March 2023