Part 8 - Final Provisions
Section 82 - Regulations
198.This section makes further provision about the regulation-making powers given to the Scottish Ministers under the 2025 Act. It allows any such regulations to make different provision for different purposes and areas, and specifies the parliamentary procedure that applies in each case.
199.This section does not apply to the regulation-making power in section 86(2) because this power is subject instead to a requirement to lay the instrument containing the regulations before the Scottish Parliament as soon as reasonably practicable after the legislation is made, and in any event before it is due to come into force (see section 30(2) of the Interpretation and Legislative Reform (Scotland) Act 2010). In addition, separate provision is made in section 86(4) to allow regulations under this power to make different provision for different purposes.
Section 83 - Ancillary provision
200.This section empowers the Scottish Ministers to make, by regulations, ancillary provision for the purposes of, in connection with, or for giving full effect to the 2025 Act or any provision made under it.
201.Regulations under this section may modify any enactment (including the 2025 Act itself). The word “enactment” is defined in schedule 1 of the Interpretation and Legislative Reform (Scotland) Act 2010 and includes Acts of the Scottish or UK Parliaments as well as secondary legislation.
202.If regulations under this section textually amend an Act then they are subject to the affirmative procedure, but otherwise they are subject to the negative procedure (see sections 28 and 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).
Section 84 - Interpretation
203.This section defines what is meant by “the 2016 Act”, “First-tier Tribunal” and “private residential tenancy” where these expressions are used in the 2025 Act (but not where these expressions appear in text that is inserted by the 2025 Act into other legislation, as the other legislation will determine what is meant by any such expression inserted into that other legislation).
Section 85 - Minor and consequential modifications
204.This section introduces the schedule of the 2025 Act, which contains provision that makes minor and consequential modifications of other enactments.
Section 86 - Commencement
205.This section sets out when the provisions of the 2025 Act will come into force (i.e. take effect).
206.The sections in Part 8 of the 2025 Act, except for section 85, come into force on the day after Royal Assent. The other provisions of the 2025 Act, including section 85, come into force in accordance with regulations made by the Scottish Ministers. The regulations may include transitional, transitory or saving provision related to commencement. They may also make different provision for different purposes, and this allows different provisions to be commenced on different days.
207.But if any provision of Part 5 is not in force within a period of 3 years of Royal Assent, the provision comes into force on the day after the end of that period.
208.Regulations under this section will, unless exercised in conjunction with powers under other sections, be laid before the Scottish Parliament but will not be subject to any parliamentary procedure (see section 30 of the Interpretation and Legislative Reform (Scotland) Act 2010).
Section 87 - Short title
209.This section provides for the 2025 Act to be known as the Housing (Scotland) Act 2025.
