ScheduleMinor and consequential modifications of enactments

Private Housing (Tenancies) (Scotland) Act 2016

7

(1)

The 2016 Act is modified as follows.

(2)

In section 24 (tenant’s right to refer increase to rent officer)—

(a)

subsection (2) is repealed,

(b)

in subsection (3)(d), for “21” substitute “30”.

(3)

Chapter 3 (rent pressure zones) of Part 4 is repealed.

(4)

In section 73(2) (minor errors in documents)—

(a)

in paragraph (a)—

(i)

for “or” insert “, 43L(1),”,

(ii)

after “61(1)” insert “, 64B(2), 64C(2), 64I(2) or 64J(2)”,

(b)

in paragraph (b), after “24(1)” insert “or 43N(2)”,

(c)

paragraph (c) and the word “and” that immediately follows that paragraph are repealed,

(d)

after paragraph (c) insert—

“(ca)

the document by which a request for review is made to a rent officer under section 43Q(1),

(cb)

the document by which a request is made for the landlord’s consent under section 64B(1) or 64I(1), and”.

(5)

In section 76 (ancillary regulations), after subsection (1) insert—

“(1A)

Regulations under subsection (1) may modify any enactment (including this Act).”.

(6)

In section 77 (regulation-making powers)—

(a)

in subsection (1), after “purposes” insert “or areas”,

(b)

in subsection (2)—

(i)

after “22(2)(b)” insert “, 43L(3)(b), 48A(3)(c)”,

(ii)

for “or 62(1)(d)” substitute “, 62(1)(d), 64B(1)(b) or (3)(d), 64C(3), 64I(1)(b) or (3)(d) or 64J(3)”,

(iii)

after “by a notice” insert “, pre-notice or request (as the case may be)”,

(c)

in subsection (3)—

(i)

after “12” insert “, 17A(6), 17D(1), 19(1)(a)”,

(ii)

for “and 41” substitute “, 41, 43B(4), 43E(1) or (2), 43I(1)(b)(i), 43W(1), 48A(5) and (6), 51A(6), 59(5), 64E(1), 64F(1), 64L(1), 64M(1), 64N(1)”,

(iii)

after “schedule 3” insert “and paragraph 6(1) of schedule 5”,

(d)

in subsection (4)—

(i)

after “43” insert “, 43L(3)(b), 43N(3), 43Q(2)(b), 43S(4)(a), 48A(1)(b)(ii) and (c)(ii)(B), 48A(3)(c)”,

(ii)

for “and 62” substitute “, 62, 64B(1)(b), 64B(3)(d), 64C(3), 64I(1)(b) and (3)(d) and 64J(3)”.

(7)

In section 78 (interpretation), in subsection (1)—

(a)

after the opening words insert—

““the 2025 Act” means the Housing (Scotland) Act 2025,”,

(b)

after the definition of “rent” insert—

““rent control area” means an area that is designated as a rent control area by regulations under section 9(1) of the 2025 Act,”,

(c)

for the definition of “rent-increase notice” substitute—

““rent-increase notice”, except where stated otherwise, has—

(a)

in Chapter 2 of Part 4, the meaning given by section 22(1),

(b)

in Chapter 2 of Part 4A, the meaning given by section 43L(1).”.

(8)

In schedule 2 (statutory terms required by section 8), in paragraph 2, for “in accordance with Chapter 2 of Part 4” substitute “—

(a)

in accordance with Chapter 2 of Part 4 if the let property—

(i)

is not in a rent control area, or

(ii)

is in a rent control area but it is an exempt property within the meaning given by section 17D(1),

(b)

in accordance with Chapter 2 of Part 4A if the let property—

(i)

is in a rent control area, and

(ii)

is not an exempt property as mentioned in sub-paragraph (a)(ii).”.