Housing (Scotland) Act 2025

Prospective

Part 6 S Other housing matters

Mobile homes S

60 Mobile homes: jurisdiction of the First-tier Tribunal for Scotland S

(1) The Mobile Homes Act 1983 is modified as follows.

(2) In section 1 (particulars of agreements: Scotland)—

(a) in subsection (6), in the final sentence, for “court” substitute “First-tier Tribunal for Scotland”,

(b) in subsection (7), for “court” substitute “First-tier Tribunal for Scotland”.

(3) In section 2 (terms of agreements)—

(a) in subsection (2), for “court” substitute “First-tier Tribunal for Scotland”,

(b) in subsection (3), for “court” substitute “First-tier Tribunal for Scotland”,

(c) in subsection (4), for “court”, in both places where it occurs, substitute “First-tier Tribunal for Scotland”.

(4) In section 2B (power to amend implied terms: Scotland), in subsection (3), for “court”, in both places where it occurs, substitute “First-tier Tribunal for Scotland”.

(5) In section 4 (jurisdiction of the court), for “The court” substitute “In relation to Scotland, the First-tier Tribunal for Scotland”.

(6) The title of section 4 becomes “Jurisdiction of the First-tier Tribunal for Scotland”.

(7) In section 5 (interpretation)—

(a) in subsection (1), in the definition of “the court”, paragraph (b) is repealed,

(b) after subsection (4) insert—

“(5) In relation to Scotland, the references in this Act to the First-tier Tribunal for Scotland are to be read as if they were references to the arbitrator in question in a case where the parties have entered into an arbitration agreement that applies to the question to be determined.

(6) In subsection (5), “arbitration agreement” means an agreement in writing to submit to arbitration any question arising under this Act or any agreement to which it applies.”.

(8) In schedule 1 (agreements under Act), in Part 1—

(a) in paragraph 4, for “court”, in both places where it occurs, substitute “First-tier Tribunal for Scotland”,

(b) in paragraph 5, for “court”, in both places where it occurs, substitute “First-tier Tribunal for Scotland”,

(c) in paragraph 6—

(i) in sub-paragraph (1) for “court”, in each place where it occurs, substitute “First-tier Tribunal for Scotland”,

(ii) in sub-paragraph (3), for “court” substitute “First-tier Tribunal for Scotland”,

(iii) in sub-paragraph (4), for “court”, in both places where it occurs, substitute “First-tier Tribunal for Scotland”,

(iv) in sub-paragraph (5), for “court”, in both places where it occurs, substitute “First-tier Tribunal for Scotland”,

(d) in paragraph 10(1), for “court” substitute “First-tier Tribunal for Scotland”,

(e) in paragraph 16(2), for “court order” substitute “order of the First-tier Tribunal for Scotland”,

(f) in paragraph 17(4), for “court” substitute “First-tier Tribunal for Scotland”,

(g) in paragraph 18(2), for “court” substitute “First-tier Tribunal for Scotland”,

(h) in paragraph 19(3), for “court” substitute “First-tier Tribunal for Scotland”,

(i) in paragraph 20—

(i) in sub-paragraph (1), for “court”, in each place where it occurs, substitute “First-tier Tribunal for Scotland”,

(ii) in sub-paragraph (2), for “court” substitute “First-tier Tribunal for Scotland”,

(iii) in sub-paragraph (3)—

(A) in the opening words, for “court” substitute “First-tier Tribunal for Scotland”,

(B) in paragraph (b), for “court order” substitute “order of the First-tier Tribunal for Scotland”,

(j) in paragraph 21, in paragraph (b), for “court order” substitute “order of the First-tier Tribunal for Scotland”,

(k) in paragraph 22(1), in paragraph (a), for “court” substitute “First-tier Tribunal for Scotland”.

Commencement Information

I1 S. 60 not in force at Royal Assent, see s. 86(2)

61 New pitch fees: considerations S

(1) The Mobile Homes Act 1983 is modified as follows.

(2) In section 2B (power to amend implied terms: Scotland)—

(a) in subsection (3), after paragraph (a) insert—

“(aa) make provision to substitute a different economic index for the one for the time being mentioned in paragraph 23(1)(b) of schedule 1;”,

(b) after subsection (4) insert—

“(4A) The second and any subsequent order made under this section may provide for any provision mentioned in subsection (3)(aa) that is included in the order to apply in relation to agreements to which this Act applies that were made at any time before the day on which the order comes into force (as well as in relation to such agreements made on or after that day).”.

(3) In schedule 1 (agreements under Act)—

(a) in paragraph 20, after sub-paragraph (3) insert—

“(4) Sub-paragraph (5) applies where—

(a) a notice is served under paragraph 17(1) or 19(1) setting out the owner’s proposal in respect of a new pitch fee,

(b) an application is subsequently made to the First-tier Tribunal for Scotland under paragraph 17(4) or 19(3) for an order determining the amount of the new pitch fee, and

(c) the First-tier Tribunal for Scotland is satisfied that a portion (“the compensatory portion”) of the new pitch fee proposed by the owner has been calculated to compensate a person for an actual or anticipated financial loss arising as a result of—

(i) the change made to paragraph 23(1)(b) by section 61(3)(c) of the Housing (Scotland) Act 2025, or

(ii) the substitution of any economic index for the time being mentioned in that paragraph with a different economic index.

(5) Where this sub-paragraph applies, the compensatory portion of the new pitch fee proposed by the owner must not be included in the amount of any new pitch fee determined by an order of the First-tier Tribunal for Scotland under sub-paragraph (1).”,

(b) in paragraph 22—

(i) in sub-paragraph (1), for paragraph (c) substitute—

“(c) any direct effect of a relevant enactment on the costs payable by the owner in relation to the maintenance or management of that site.”,

(ii) after sub-paragraph (1) insert—

“(1A) But no regard is to be had, when determining the amount of the new pitch fee, to any actual or anticipated financial loss arising as a result of—

(a) the change made to paragraph 23(1)(b) by section 61(3)(c) of the Housing (Scotland) Act 2025, or

(b) the substitution of any economic index for the time being mentioned in that paragraph with a different economic index.”,

(iii) after sub-paragraph (3) insert—

“(4) In sub-paragraph (1)(c), “relevant enactment” means an enactment, other than an order made under paragraph 8(2), that has come into force since the last review date.”,

(c) in paragraph 23(1)(b), for “retail” substitute “consumer”,

(d) in paragraph 32—

(i) after the definition of “caravan site” insert—

• ““consumer prices index” means—

  (a)

  the all items consumer prices index published by the Statistics Board, or

  (b)

  if that index is not published for a month, any substituted index or figures published by the Board;”,

(ii) the definition of “retail prices index” is repealed.

Commencement Information

I2 S. 61 not in force at Royal Assent, see s. 86(2)

62 Meaning of “protected site” S

(1) The Mobile Homes Act 1983 is modified as follows.

(2) In section 5 (interpretation), in subsection (1), in the definition of “protected site”, the words from “does” to “that,” are repealed.

Commencement Information

I3 S. 62 not in force at Royal Assent, see s. 86(2)

Decisions of the Scottish Housing Regulator: reviews and appeals S

63 Decisions of the Scottish Housing Regulator: reviews and appeals S

(1) The Housing (Scotland) Act 2010 is modified as follows.

(2) After section 67 insert—

“Part 5A S Decisions of the Regulator: reviews and appeals

67A Decisions

This Part applies to a decision by the Regulator—

(a) not to enter a body in the register under section 23,

(b) to remove a body from the register under section 27,

(c) not to remove a body from the register under section 28,

(d) to issue performance improvement targets in relation to a social landlord under section 34,

(e) to set financial management or governance targets in relation to a registered social landlord under section 37,

(f) to arrange under section 44 for a survey of the condition of housing accommodation maintained by a social landlord,

(g) to publish a report of an inquiry concerning a social landlord under section 46,

(h) to require a social landlord to submit a performance improvement plan under section 55,

(i) to specify a particular time by which a social landlord is required to submit such a plan,

(j) to serve an enforcement notice on a social landlord under section 56,

(k) to appoint a manager to manage the housing activities of a social landlord, or require a social landlord to appoint such a manager, under section 57,

(l) to specify that such a manager is to manage the social landlord’s housing activities generally or particular aspects of those activities,

(m) to appoint a manager to manage the financial or other affairs of a registered social landlord, or require a registered social landlord to appoint such a manager, under section 58,

(n) to specify that such a manager is to manage the registered social landlord’s financial or other affairs generally or particular aspects of those affairs,

(o) to remove an officer of a registered social landlord under section 60,

(p) to suspend a responsible individual from a registered social landlord under section 61,

(q) to remove a responsible individual from a registered social landlord under section 62,

(r) to appoint an individual as an officer of a registered social landlord under section 65,

(s) to make a direction under section 66 (restrictions on dealings during or following inquiries),

(t) to make a direction under section 67 (transfer of assets following inquiries).

67B Reviews of decisions

(1) A person mentioned in section 67D in relation to a decision may, before the end of the period of 10 working days beginning with day on which the person is notified of the decision, request that the Regulator reviews the decision.

(2) When the Regulator receives a request under subsection (1), it must—

(a) review the decision,

(b) confirm, vary, reverse or revoke it, and

(c) give notice of its decision under paragraph (b) to the person who requested the review.

(3) A notice under subsection (2)(c) must set out the Regulator’s reasons for its decision.

(4) In subsection (1), “working day” means any day other than—

(a) a Saturday or a Sunday, or

(b) a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971.

67C Appeals to the First-tier Tribunal

(1) A person mentioned in section 67D in relation to a decision may, before the end of the period of 28 days beginning with the day on which the person is given notice under section 67B(2)(c) in relation to the decision, appeal to the First-tier Tribunal against the decision where the decision has been confirmed (with or without variations) under section 67B(2)(b).

(2) The First-tier Tribunal may determine an appeal by—

(a) confirming the decision,

(b) quashing the decision and directing the Regulator to take such other action, if any, as the First-tier Tribunal thinks fit by such time as may be specified in the direction, or

(c) remitting the case to the Regulator for reconsideration.

(3) In this section, “First-tier Tribunal” means the First-tier Tribunal for Scotland.

67D Persons who may request a review or appeal

The person who may request a review under section 67B(1) or appeal under section 67C(1) is—

(a) in the case of a decision referred to in paragraph (a), (b) or (c) of section 67A, the body,

(b) in the case of a decision referred to in paragraph (d) or (f) to (l) of that section, the social landlord,

(c) in the case of a decision referred to in paragraph (e), (m), (n) or (r) to (t) of that section, the registered social landlord,

(d) in the case of a decision referred to in paragraph (o) to (q) of that section, the individual.

67E Power to make further provision about reviews and appeals

The Scottish Ministers may by regulations—

(a) modify this Part,

(b) make such further provision as they consider appropriate in relation to reviews and appeals of decisions by the Regulator.”.

(3) In section 27 (compulsory de-registration)—

(a) in subsection (3), for “removing” substitute “making a decision to remove”,

(b) after subsection (3) insert—

“(4) A decision to remove a body from the register is of no effect unless—

(a) the period within which the body may request a review of the decision under section 67B(1) expires without the body requesting a review, or

(b) where the body requests a review, the Regulator confirms the decision (with or without variations) and—

(i) the period within which the body may appeal under section 67C(1) expires without the body appealing the decision, or

(ii) the body appeals the decision and the appeal has been finally determined or is withdrawn.”.

(4) Section 29 (appeal against decision on registration or removal) is repealed.

(5) Section 64 (appeals against suspension or removal) is repealed.

(6) In section 161 (orders)—

(a) after subsection (4) insert—

“(5) Regulations under section 67E may make different provision for different purposes.

(6) Regulations under section 67E are subject to the affirmative procedure.”,

(b) the section title becomes “Orders and regulations”.

Commencement Information

I4 S. 63 not in force at Royal Assent, see s. 86(2)

Property factors S

64 Registration: fit and proper person considerations S

(1) The Property Factors (Scotland) Act 2011 is modified as follows.

(2) In section 5 (section 4: considerations)—

(a) in subsection (2)(a)—

(i) the word “or” immediately following sub-paragraph (ii) is repealed,

(ii) after sub-paragraph (iii) insert “or

(iv) firearms,”,

(b) in subsection (2), after paragraph (a) insert—

“(aa) been convicted of a sexual offence within the meaning of section 210A(10) of the Criminal Procedure (Scotland) Act 1995,”,

(c) in subsection (2)(c), for “the law relating to tenements, property or debt” substitute “—

(i) the law relating to housing,

(ii) landlord and tenant law,

(iii) the law relating to property (including tenements),

(iv) the law relating to debt.”,

(d) after subsection (3) insert—

“(3A) Material falls within this subsection if it shows the extent to which any person mentioned in subsection (1) has—

(a) failed to provide information in accordance with section 14A or 14B(2)(d)(i),

(b) obstructed a person acting in the proper exercise of the person’s functions under sections 14B to 14D,

(c) failed to comply with a requirement made by a person who is so acting.”,

(e) after subsection (4) insert—

“(5) The Scottish Ministers may by regulations modify this section by adding to, removing or varying any material in subsections (2) to (4).

(6) Regulations under subsection (5) are subject to the affirmative procedure.”.

Commencement Information

I5 S. 64 not in force at Royal Assent, see s. 86(2)

65 Revocation of registration: where property factor no longer exists S

(1) The Property Factors (Scotland) Act 2011 is modified as follows.

(2) In section 8 (removal from register)—

(a) in subsection (1), for “or (3)” substitute “, (3) or (3A)”,

(b) after subsection (3) insert—

“(3A) This subsection applies where a property factor is registered by virtue of section 4(4)(a) or (b) and the Scottish Ministers consider that the property factor no longer exists.”,

(c) in subsection (4), after “must” insert “(if possible)”,

(d) in subsection (6), for “or (3)” substitute “, (3) or (3A)”,

(e) in subsection (7)—

(i) after “must”, where it first occurs, insert “(if possible)”,

(ii) the words “and give public notice of the date of removal” are repealed.

Commencement Information

I6 S. 65 not in force at Royal Assent, see s. 86(2)

66 Removal from register following application S

(1) The Property Factors (Scotland) Act 2011 is modified as follows.

(2) After section 8 insert—

“8A Removal from register following application

(1) A registered property factor may apply to the Scottish Ministers to be removed from the register.

(2) The application must be accompanied by a fee of such amount (if any) as the Scottish Ministers may determine.

(3) The Scottish Ministers must remove a registered property factor from the register if, having considered an application under this section, they are satisfied that—

(a) the registered property factor is no longer carrying out the activities of a property factor, and

(b) it is otherwise appropriate to remove that property factor from the register.

(4) The Scottish Ministers must (if possible), as soon as practicable after making their decision under this section, notify the property factor who made the application of—

(a) their decision, and

(b) either—

(i) in the case of a decision to remove the property factor from the register, the date of removal from the register,

(ii) in the case of a decision not to remove the property factor from the register, their reasons for that decision.”.

(3) In section 9 (effect of refusal to enter in register or removal from register)—

(a) in subsection (1)—

(i) the word “or” immediately following paragraph (b) is repealed,

(ii) after paragraph (c) insert “, or

(d) remove a property factor from the register under section 8A(3).”,

(b) in subsection (3)(a), for “(1)(a), (b), or as the case may be, (c)” substitute “(1)”.

Commencement Information

I7 S. 66 not in force at Royal Assent, see s. 86(2)

67 Note on register where refusal or removal S

(1) The Property Factors (Scotland) Act 2011 is modified as follows.

(2) After section 8A (inserted by section 66) insert—

“Consequences of refusal or removal S

8B Note in register following refusal to enter or removal

(1) If the Scottish Ministers refuse to enter a person in the register under section 4(5), they must, after the date of final refusal, note that fact in the register.

(2) If the Scottish Ministers remove a person from the register under section 8(1) they must, after the date of final refusal, note that fact in the register.

(3) For the purposes of this section, the date of final refusal is the later of the date on which—

(a) the period mentioned in section 11(2) expires without an appeal being made,

(b) where such an appeal has been made, the appeal is finally determined or abandoned.

(4) Where a fact is noted by virtue of subsection (1) or (2) it must—

(a) remain on the register for the period of 3 years beginning with the date on which the Scottish Ministers are required to note it in the register, and

(b) be removed from the register at the end of that period.

(5) But where a person in respect of whom the Scottish Ministers note a fact by virtue of subsection (1) or (2) is subsequently entered in the register before the end of the period mentioned in subsection (4)(a), the Scottish Ministers must remove the fact from the register.”.

Commencement Information

I8 S. 67 not in force at Royal Assent, see s. 86(2)

68 Property factor registered numbers: inclusion in communications S

(1) The Property Factors (Scotland) Act 2011 is modified as follows.

(2) In section 13 (property factor registered numbers)—

(a) after subsection (3)(a) insert—

“(aa) any other communication in relation to the activities of the property factor, and”,

(b) after subsection (7) insert—

“(8) In this section,

“communication” includes electronic communications sent to or placed on a web page on a website by or on behalf of the registered property factor.”.

Commencement Information

I9 S. 68 not in force at Royal Assent, see s. 86(2)

69 Monitoring of compliance S

(1) The Property Factors (Scotland) Act 2011 is modified as follows.

(2) After section 14 insert—

“Monitoring of compliance S

14A Power to obtain information

(1) The Scottish Ministers may, for the purpose of monitoring compliance with the provisions of this Part, serve a notice on a person who appears to be a property factor requiring the person to provide them with information specified in the notice.

(2) The Scottish Ministers may by regulations make further provision about the requiring of information under subsection (1) and, in particular, may make provision about—

(a) the form of the notice and the manner of service,

(b) the time within which information must be provided.

(3) Any requirement for a person to provide information in accordance with a notice under subsection (1) does not have effect to the extent that the person would be entitled to refuse to provide the information in, or for the purposes of, proceedings in a court in Scotland.

14B Power to carry out inspections

(1) For the purpose of monitoring compliance with the provisions of this Part, an authorised person may carry out an inspection of premises which appear to be being used for the purpose of carrying out the activities of a property factor.

(2) For the purposes of carrying out the inspection, the authorised person may—

(a) enter and inspect the premises,

(b) require the production of any book, document, data or record (in whatever form it is held) and inspect it, and take copies of or extracts from it,

(c) take possession of any book, document, data or record (in whatever form it is held) which is on the premises and retain it for as long as the authorised person considers necessary,

(d) require any person to—

(i) give the authorised person such information as the authorised person considers necessary,

(ii) afford the authorised person such facilities and assistance as the authorised person considers necessary.

(3) Any requirement for a person to give information in accordance with subsection (2)(d)(i) does not have effect to the extent that the person would be entitled to refuse to give the information in, or for the purposes of, proceedings in a court in Scotland.

(4) In this section—

• “authorised person” means a person authorised by the Scottish Ministers,

• “premises” includes any place and any vehicle, vessel, or moveable structure.

14C Warrants for entry

(1) A sheriff may by warrant authorise a person to enter premises (if necessary using reasonable force) for the purpose of carrying out an inspection under section 14B.

(2) A warrant may be granted under subsection (1) only if the sheriff is satisfied by evidence on oath—

(a) that there are reasonable grounds for entering the premises in question, and

(b) that—

(i) entry to the premises has been or is likely to be refused and that notice of the intention to apply for a warrant under this section has been given to the occupier,

(ii) a request for entry, or the giving of such notice, would defeat the object of the proposed entry,

(iii) the premises are unoccupied, or

(iv) the occupier is temporarily absent and it might defeat the object of the entry to await the occupier’s return.

14D Inspections: supplementary

(1) A person entering any premises under section 14B(2)(a) or in accordance with a warrant granted under section 14C may take on to the premises such other persons and such equipment as the person considers necessary.

(2) A right to enter any premises conferred by section 14B(2)(a) may be exercised only at a reasonable time.

(3) The occupier of the premises concerned must be given at least 24 hours’ notice before a person carries out an inspection under section 14B unless the person carrying out the inspection considers that giving such notice would defeat the object of the proposed inspection.

(4) A person carrying out an inspection under section 14B must, if required to do so, produce written evidence of the person’s authorisation to carry out the inspection.

(5) On leaving any premises which a person is authorised to enter by a warrant granted under section 14C, the person must, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as effectively secured against trespassers as the person found them.

(6) A person who takes possession of any item under section 14B(2)(c) must leave a statement on the premises from which the item was removed—

(a) giving particulars of what has been taken, and

(b) stating that the person has taken possession of it.

14E Information and inspection: offence

(1) It is an offence for a person who has been required to provide information in accordance with section 14A or 14B(2)(d)(i)—

(a) without reasonable excuse, to fail or refuse to provide the information,

(b) to knowingly or recklessly make any statement in respect of that information which is false or misleading in a material particular.

(2) It is an offence for a person—

(a) to intentionally obstruct a person acting in the proper exercise of the person’s functions under sections 14B to 14D,

(b) without reasonable excuse, to fail to comply with any requirement made under section 14B(2)(b) or (d)(ii) by a person who is so acting.

(3) A person who commits an offence under subsection (1) or (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.”.

Commencement Information

I10 S. 69 not in force at Royal Assent, see s. 86(2)

Managers of related properties S

70 Power for majority of owners to dismiss and appoint manager S

(1) The Title Conditions (Scotland) Act 2003 is modified as follows.

(2) In section 64 (overriding power to dismiss and appoint manager), in subsection (1), for “two thirds” substitute “a majority”.

Commencement Information

I11 S. 70 not in force at Royal Assent, see s. 86(2)

Fuel poverty S

71 Fuel poverty strategy: consultation S

(1) The Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 2019 is modified as follows.

(2) In section 7 (consultation on strategy)—

(a) in subsection (1), after “preparing” insert “or reviewing”,

(b) after subsection (3) insert—

“(3A) For the purpose of subsection (2), the duty to consult the persons mentioned in paragraph (a), (c), (d), (e) or (f) may be met by consulting persons who appear to the Scottish Ministers to represent the interests of the persons mentioned in any of those paragraphs.”.

Commencement Information

I12 S. 71 not in force at Royal Assent, see s. 86(2)

72 Periodic reports: periods, consultation and publication etc. S

(1) The Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 2019 is modified as follows.

(2) In section 10 (consultation on periodic reports), in subsection (2), paragraphs (a) to (f) are repealed.

(3) In section 11 (publication and laying of periodic reports), for “before the end of the financial year in which” substitute “within the period of 6 months beginning with the day after”.

Commencement Information

I13 S. 72 not in force at Royal Assent, see s. 86(2)

73 Advisory panel: removal of funding cap S

(1) The Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 2019 is modified as follows.

(2) In section 15 (funding of the Scottish Fuel Poverty Advisory Panel)—

(a) in subsection (1), the words “Subject to subsection (2),” are repealed,

(b) subsections (2) to (6) are repealed.

Commencement Information

I14 S. 73 not in force at Royal Assent, see s. 86(2)

New homes ombudsman S

74 Disclosure of information to new homes ombudsman S

(1) The Scottish Public Services Ombudsman Act 2002 is modified as follows.

(2) In schedule 5 (which specifies persons or bodies to whom the Ombudsman in certain circumstances may disclose information in relation to certain matters), after the entry relating to Social Care and Social Work Improvement Scotland insert—

“the new homes ombudsman

A matter in respect of which the new homes ombudsman could exercise any function conferred by the new homes ombudsman scheme (see section 136 of the Building Safety Act 2022)”.

Commencement Information

I15 S. 74 not in force at Royal Assent, see s. 86(2)

Council tax S

75 Variation of council tax for unoccupied dwellings S

(1) The Local Government in Scotland Act 2003 is modified as follows.

(2) In section 33—

(a) subsection (1A) is repealed,

(b) in subsection (4), paragraph (a) is repealed,

(c) after subsection (4) insert—

“(4A) If regulations under subsection (1) confer on local authorities a power under subsection (2)(b)(ii), the regulations may provide that, in exercising the power, a local authority must have regard to any guidance issued by the Scottish Ministers about the exercise of the power.”.

Commencement Information

I16 S. 75 not in force at Royal Assent, see s. 86(2)

76 Review of council tax arrears: joint and several liability S

(1) 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.

(2) The review must be completed no later than the end of the period of one year beginning with the day of Royal Assent.

(3) On completing the review, the Scottish Ministers must—

(a) lay a report on the review before the Scottish Parliament,

(b) publish the report in such manner as they consider appropriate.

(4) The report under subsection (3) must include a statement of the action, if any, the Scottish Ministers intend to take as a result of the review.

(5) In this section, “domestic abuse” means abusive behaviour within the meaning of section 2 of the Domestic Abuse (Protection) (Scotland) Act 2021 (as read with sections 1 and 3 of that Act).

Commencement Information

I17 S. 76 not in force at Royal Assent, see s. 86(2)

77 Review of classification of properties S

(1) The Scottish Ministers must carry out a review of the process for determining whether particular lands and heritages (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).

(2) The review must be completed no later than the end of the period of two years beginning with the day of Royal Assent.

(3) The review under subsection (1)—

(a) must include the manner in which any such determination is communicated, and

(b) may include such other matters as the Scottish Ministers consider appropriate.

(4) On completing the review, the Scottish Ministers must—

(a) lay a report on the review before the Scottish Parliament,

(b) publish the report in such manner as they consider appropriate.

(5) The report under subsection (4) must include a statement of the action, if any, the Scottish Ministers intend to take as a result of the review.

(6) In subsection (1), “class of self-catering holiday accommodation” means the class of lands and heritages described as self-catering holiday accommodation that is prescribed as such by regulations under section 72(4) of the Local Government Finance Act 1992.

Commencement Information

I18 S. 77 not in force at Royal Assent, see s. 86(2)

Housing revenue accounts S

78 Transfer of funds into housing revenue account S

(1) The Housing (Scotland) Act 1987 is modified as follows.

(2) In schedule 15 (the housing revenue account)—

(a) in paragraph 2(1)(h), for “except” substitute “including”,

(b) in paragraph 2(5), the words “, with the consent of the Secretary of State,” are repealed.

Commencement Information

I19 S. 78 not in force at Royal Assent, see s. 86(2)

Housing emergency S

79 Power to make provision about the declaration of a national housing emergency S

(1) The Scottish Ministers may by regulations make provision for or in connection with the declaration of a national housing emergency by the Scottish Ministers.

(2) Regulations under subsection (1) may, in particular, make provision about—

(a) the meaning of a national housing emergency for the purpose of the regulations,

(b) the circumstances in which a national housing emergency may or must be declared by the Scottish Ministers,

(c) the effect of declaring a national housing emergency, including any action that may or must be taken by the Scottish Ministers following such a declaration,

(d) the conferral of powers on the Scottish Ministers to obtain information for the purpose of, or in connection with, enabling or assisting the Scottish Ministers in taking any such action,

(e) the enforcement of these powers,

(f) the circumstances in which a national housing emergency that has been declared ceases to apply.

(3) The Scottish Ministers must, before the end of the period of 18 months beginning with the day on which subsection (1) comes into force, lay before the Scottish Parliament a draft Scottish statutory instrument containing the first regulations under that subsection.

Commencement Information

I20 S. 79 not in force at Royal Assent, see s. 86(2)

80 Guidance for local authorities about a local housing emergency S

(1) The Scottish Ministers may issue guidance to local authorities about the declaration of a local housing emergency by a local authority.

(2) The guidance may, in particular, include provision about—

(a) the meaning of a local housing emergency,

(b) the circumstances in which a local housing emergency may be declared by a local authority,

(c) the effect of a local authority declaring a local housing emergency, including any action that may be taken by the local authority following such a declaration,

(d) the circumstances in which a local housing emergency that has been declared ceases to apply, and

(e) any other matter relating to a local housing emergency as the Scottish Ministers consider appropriate.

(3) A local authority must, in the exercise of its functions in relation to housing, have regard any guidance issued under subsection (1).

(4) Before issuing any guidance under subsection (1), the Scottish Ministers—

(a) must consult local authorities, and

(b) may consult any other person they consider appropriate.

(5) The Scottish Ministers must publish any guidance issued under subsection (1) in such manner as they consider appropriate.

Commencement Information

I21 S. 80 not in force at Royal Assent, see s. 86(2)