Explanatory Notes

Housing (Scotland) Act 2014

2014 asp 14

1 August 2014

The Structure and a Summary of the Act

Part Eight – Supplementary and Final Provisions


212.Section 100 provides the definition of various terms used in the Act.

Subordinate legislation

213.Section 101 provides that any power of the Scottish Ministers to make an order or regulations includes a power to make different provision for different purposes or different areas, and incidental, supplemental, consequential, transitional, transitory or saving provision. Subsection (2) lists orders where the affirmative procedure is required. Subsection (3) provides that all other orders and regulations are subject to the negative procedure. Subsection (4) requires the Scottish Ministers to lay regulations before the Parliament for the first code of practice for letting agents made under section 46(1) of the Act, no later than the end of 18 months beginning with the day of Royal Assent. Subsection (5) provides that any commencement order is not subject to either procedure.

Ancillary provision

214.Section 102 gives the Scottish Ministers a free-standing power by order to make such supplementary, incidental, consequential, transitional or transitory provision or savings as they consider necessary or expedient for the purposes or in connection with any provision made by or under the Act.

Minor and consequential amendments

215.Section 103 introduces schedule 2, which amends and repeals enactments as required in consequence of this Act.


216.Section 104 allows the Scottish Ministers by order to set different dates to commence different provisions of the Act (such an order may include transitional, transitory or saving provision as they consider necessary or expedient). It also specifies that section 1(1) (abolition of right to buy) may not come into force until a period of at least two years has passed, starting from the day of Royal Assent and that section 93 comes into force at the end of the period of two months beginning with the day of Royal Assent.

Short title

217.Section 105 gives the short title of the Act.