http://www.legislation.gov.uk/asp/2025/13/notes/division/4/6Explanatory Notes to Housing (Scotland) Act 2025Scottish GovernmentenKing's Printer for Scotland2026-04-16 13 6 November 2025 168 This section modifies section 4 of the Mobile Homes Act 1983 (“the 1983 Act”) to provide that the Tribunal has jurisdiction (instead of the sheriff or, where the parties have agreed, the arbiter) to determine any question arising under that Act or any agreement to which it applies, and to entertain any proceedings brought under that Act or any such agreement (see subsection (5)). It also makes consequential changes to the title of section 4 and to sections 1, 2, 2B and 5 and schedule 1 of the 1983 Act. 169 This section modifies section 2B and schedule 1 of the 1983 Act. The 1983 Act applies to any agreement under which a person is entitled to station a mobile home on land forming part of a protected site and to occupy the mobile home as the person’s only or main residence. The terms in Part 1 of schedule 1 are implied terms of each such agreement and a sheriff may, on application by either party to the agreement within the relevant period, order that terms concerning the matters mentioned in Part 2 of the schedule are also to be implied terms. The sheriff has jurisdiction to determine any question arising under the 1983 Act or any agreement to which it applies, including any question arising about a pitch fee review. 170 The Scottish Ministers may amend Parts 1 and 2 of schedule 1 using an order-making power in section 2B. Section 61(2) of the 2025 Act modifies section 2B so that they can also use the order-making power to make provision to substitute a different economic index (used in connection with the setting new pitch fees) for the one mentioned in paragraph 23(1)(b) of the schedule. It also inserts a new subsection (4A) so that a second or subsequent order under section 2B may provide that any such new economic index applies in relation to any agreement to which the 1983 Act applies. 171 Section 61(3) of the 2025 Act modifies paragraphs 20, 22, 23 and 32 of schedule 1— Paragraph (a) modifies paragraph 20 in a case where an application is made to the sheriff under paragraph 17(1) or 19(1) of the schedule for an order determining a new pitch fee and the Tribunal is satisfied that a portion of the new pitch fee proposed by the owner has been calculated to compensate a person for the change made by the 2025 Act to the economic index in paragraph 23 of the schedule or any future change made to it. The Tribunal cannot include this compensatory portion in the new pitch fee. Paragraph (b) modifies paragraph 22, which sets out what is to be taken into account when determining the amount of a new pitch fee in relation to a mobile home on a protected site, so that regard must be had to any direct effect of a relevant enactment on the costs payable by the owner in relation to the maintenance or management of the protected site. But no regard is to be had to any actual or anticipated financial loss arising as a result of a change made by the 2025 Act to the economic index in paragraph 23 of the schedule or any future change to it. Paragraphs (c) and (d) modify paragraphs 23 and 32 so that, when determining the amount of a new pitch fee, there is a presumption that the new pitch fee will not increase or decrease by a percentage that is more than the change in the consumer prices index (rather than the retail prices index) since the last review date, unless this would be unreasonable having regard to matters mentioned in paragraph 22(1). 172 This section modifies the meaning of “protected site” in section 5(1) of the 1983 Act so that it has the same meaning as in Part 1 of the Caravans Sites Act 1968. Accordingly, a protected site is any land in respect of which a site licence is required under the Caravan Sites and Control of Development Act 1960 (or would be if there were no exemption for local authority sites). But it does not include land in respect of which the relevant planning permission or site licence— is expressed to be granted for holiday use only, or is otherwise so expressed or subject to such conditions that there are times of the year when no caravan may be stationed on the land for human habitation. 173 This section modifies the 2010 Act to insert a new Part 5A which makes provision for and in connection with reviews and appeals against specified decisions of the Scottish Housing Regulator. It also confers a regulation-making power on the Scottish Ministers to modify this new Part and make such further provision as they consider appropriate in relation to reviews and appeals of decision by the Regulator. Regulations may not be made under the new power unless a draft of them has been laid before, and approved by, the Scottish Parliament. 174 This section modifies section 5 of 2011 Act to provide that the Scottish Ministers must, when deciding whether a person is a fit and proper person to be a property factor, have regard (among other things) to any material that shows that any person who is (or is to be) directly concerned with the control or governance of the property factor, has been convicted of any offence involving firearms or has been convicted of a sexual offence (within the meaning of section 210A(10) of the Criminal Procedure (Scotland) Act 1995), or has contravened a provision of the law in relating to housing, landlord and tenant law, or the law relating to property. 175 In addition, it provides that the Scottish Ministers must have regard to any material if it shows the extent to which any such person has (i) failed to provide information required under section 14A or 14B(2)(d)(i) of the 2011 Act, (ii) obstructed a person acting in the proper exercise of the person’s functions under sections 14B to 14D of that Act, or failed to comply with a requirement made by a person who is so acting. 176 This section modifies section 8 of the 2011 Act to cater for the scenario that a property factor no longer exists. In particular, it enables the property factor to be removed from the register. 177 This section inserts new section 8A into the 2011 Act to make provision to allow for a registered property factor to apply to be removed from the register. The Scottish Ministers must remove a property factor from the register if they are satisfied that the property factor is no longer carrying out activities as such and it is appropriate to remove the property factor from the register. 178 This section inserts new section 8B into the 2011 Act to ensure that a note is made in the register of any decision of the Scottish Ministers to refuse to enter a person on the register of property factors, and of any decision taken by them to remove a property factor from the register. 179 This section modifies section 13 of the 2011 Act so that a registered property factor must take all reasonable steps to ensure that the “property factor registered number” is included in any communication in relation to the activities of the property factor. (The property factor registered number is a number allocated by the Scottish Ministers to each registered property factor.) 180 This section inserts new sections 14A to 14E into the 2011 Act which confer additional powers on the Scottish Ministers to obtain information, carry out inspections, obtain warrants for entry, and provides for a related offence where a person does not provide the information required. 181 Subsection (1) of section 64 of the Title Conditions (Scotland) Act 2003 provides that, if a person is the manager of related properties, the owners of two thirds of the properties may dismiss the person and appoint another person to be the manager. Section 70 of the 2025 Act modifies this so that a majority of the owners may dismiss the person and appoint another person to be the manager. 182 This section modifies section 7 of the Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 2019 (“the Fuel Poverty Act”). The modification to subsection (1) makes it clear that, in reviewing the fuel poverty strategy, the Scottish Ministers must consult such persons as they consider appropriate including those listed in subsection (2). New subsection (3A) provides that the duty to consult the persons mentioned in paragraphs (a) and (c) to (f), respectively, of subsection (2) may be met by consulting persons representing the interests of those persons. 183 This section modifies sections 10 and 11 of the Fuel Poverty Act. Section 10 is modified so that, in preparing a periodic report under section 9, the Scottish Ministers must consult such persons as they consider appropriate including the Scottish Fuel Poverty Advisory Panel. Section 11 is modified so that the Scottish Ministers must publish each periodic report, and lay a copy before the Scottish Parliament, within 6 months after the reporting period for the report ends. 184 This section modifies section 15 of the Fuel Poverty Act so that there is no limit on the financial resources that the Scottish Ministers may provide to support the operation of the Scottish Fuel Poverty Advisory Panel (established by section 14 of that Act). 185 Section 20 of the Scottish Public Services Ombudsman Act 2002 provides that the Ombudsman may disclose relevant information to a person or body specified in the first column of schedule 5 of the 2002 Act if it relates to a matter specified in the second column. 186 Section 74 of the 2025 Act modifies that schedule so that the Ombudsman may also disclose relevant information to the new homes ombudsman (see section 137(3) of the Building Safety Act 2022) if it appears to the Ombudsman that it relates to a matter of which the new homes ombudsman could exercise any function conferred by the new homes ombudsman scheme (see section 136 of that Act). 187 Section 33(1) of the Local Government in Scotland Act 2003 (“the 2003 Act”) confers a regulation-making power on the Scottish Ministers to provide that the amount of council tax payable in respect of a chargeable dwelling and any day is to be subject to a variation if, on that day, there is no resident of the dwelling (and for the calculation of the amount of that variation). But section 33(1A) of the 2003 Act imposes a limit so that the power may not be used to increase the amount of council tax for unoccupied dwellings by more than the unvaried amount (i.e. the power could not be used to more than double the unvaried amount). 188 Section 75(2)(a) of the 2025 Act removes the limitation imposed by section 33(1A) so that regulations under section 33(1) of the 2003 Act may increase the amount of council tax for unoccupied dwellings, without any such limitation on the increase. As the power will continue to be subject to the affirmative procedure, regulations may not be made under this power unless a draft of the regulations has been laid before, and approved by, the Scottish Parliament. 189 If the Scottish Ministers make regulations that vary the amount of council tax for unoccupied dwellings, they may also confer powers on local authorities to modify the application of the regulations within their respective areas. Where such powers are conferred, local authorities may modify the default variation provided for in regulations made by the Scottish Ministers so that a different amount of variation (or no variation) applies in relation to some circumstances in which there is no resident of a chargeable dwelling but not in relation to others. But section 33(4)(a) of the 2003 Act imposes a limit so that the power may not be used to allow local authorities to increase the amount of council tax for unoccupied dwellings by more than the unvaried amount (i.e. the power could not allow them to more than double the unvaried amount). 190 Section 75(2)(b) of the 2025 Act removes the limitation imposed by section 33(4)(a) so that regulations under section 33(1) of the 2003 Act may allow local authorities to increase the amount of council tax for unoccupied dwellings by more than the unvaried amount, albeit the regulations may still specify limits in relation to the exercise of any such powers conferred on local authorities (see section 33(4)(b) of the 2003 Act). 191 Section 75(2)(c) of the 2025 Act inserts new subsection (4A) into section 33 of the 2003 Act. The new subsection provides that, where a power is conferred on a local authority to modify the application of regulations made under section 33(1) of the 2003 Act, the regulations may also provide that, in exercising the power, the local authority must have regard to guidance issued by the Scottish Ministers about the exercise of the power. 192 This section provides that the Scottish Ministers must carry out a review of the impact of joint and several liability for council tax arrears on those who have experienced, or are experiencing, domestic abuse. The review must be completed within one year of Royal Assent. On completing the review, the Scottish Ministers must lay a report on the review before the Scottish Parliament and publish it. The report must include a statement of the action, if any, the Scottish Ministers intend to take as a result of the review. 193 This section provides that the Scottish Ministers must carry out a review of the process for determining whether particular properties (or parts of them) fall within the class of self-catering holiday accommodation that is excluded from the definition of dwelling in section 72(2) of the Local Government Finance Act 1992 (dwellings chargeable to council tax). The review must be completed within two years of Royal Assent. On completing the review, the Scottish Ministers must lay a report on the review before the Scottish Parliament and publish it. The report must include a statement of the action, if any, the Scottish Ministers intend to take as a result of the review. 194 This section modifies paragraph 2(1)(h) of schedule 15 of the 1987 Act so that a local authority must carry to the credit of its housing revenue account amounts equal to any income arising from a contribution out of its general fund (kept under section 93 of the Local Government (Scotland) Act 1973) that is receivable by the local authority for that year, being income relating to expenditure falling to be debited to the account for that year. It also modifies paragraph 2(5) of schedule 15 of the 1987 Act so that a local authority may, without the consent of the Secretary of State, carry to the credit of its housing revenue account, in addition to the amounts required by paragraph 2(1) to (4) of the schedule, such further amounts, if any, as they think fit. 195 This section confers a regulation-making power on the Scottish Ministers to make provision for or in connection with the declaration of a national housing emergency by the Scottish Ministers. The regulations may, in particular, include provision about any matter mentioned in subsection (2) including, for example, what is meant by a national housing emergency for the purpose of the regulations. The Scottish Ministers must, within 18 months of this section coming into force, lay before the Scottish Parliament a draft of the first regulations that they propose to make under this section. 196 This section provides that the Scottish Ministers may issue guidance to local authorities about the declaration of a local housing emergency by a local authority. The guidance may, in particular, include provision about any matter mentioned in subsection (2) including, for example, what is meant by a local housing emergency. A local authority must, in the exercise of its functions in relation to housing, have regard to any guidance issued under this section. Before issuing and publishing any guidance under this section, the Scottish Ministers must consult local authorities.