The Housing (Scotland) Act 2001 (Commencement No. 6 and Amendment) Order 2002

Scottish Statutory Instruments

2002 No. 433 (C. 22)

HOUSING

The Housing (Scotland) Act 2001 (Commencement No. 6 and Amendment) Order 2002

Made

19th September 2002

The Scottish Ministers, in exercise of the powers conferred by section 113(1) and (2) of the Housing (Scotland) Act 2001(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Housing (Scotland) Act 2001 (Commencement No. 6 and Amendment) Order 2002.

(2) In this Order, “the Act” means the Housing (Scotland) Act 2001.

Commencement of provisions

2.  The provisions of the Act which are specified in column 1 of the Schedule to this Order shall, insofar as not already in force, come into force on 30th September 2002, but, where a particular purpose in relation to any such provision is specified in column 2 of that Schedule, that provision shall come into force on that day only for that purpose.

Amendment

3.—(1) The Housing (Scotland) Act 2001 (Commencement No. 5, Transitional Provisions and Savings) Order 2002(2) is amended in accordance with paragraph (2) below.

(2) In the Table in the Schedule, the second paragraph in the third column of the entry for the Housing (Scotland) Act 1988(3) is omitted.

MARGARET CURRAN

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

19th September 2002

SCHEDULE PROVISIONS OF THE ACT COMING INTO FORCE ON 30TH SEPTEMBER 2002

Column 1	Column 2
Provisions of the Act	Purposes
Section 112	Only for the purpose of bringing into force the modifications in Schedule 10 specified in the Table below.
In Schedule 10, the modifications specified in the Table below.

TABLE

Modifications

Chapter	Short title	Extent of Modifications
1987 c. 26	Housing (Scotland) Act 1987	The amendments referred to in paragraph 13(4) of Schedule 10 to the Act.

Explanatory Note

(This note is not part of the Order)

This Order brings into force various provisions of the Housing (Scotland) Act 2001 (“the Act”).

Article 2 and the Schedule bring into force on 30th September 2002 provisions, listed in that Schedule, which relate to repeal of management agreements between housing co operatives and local authorities.

Article 3 amends the Housing (Scotland) Act 2001 (Commencement No. 5, Transitional Provisions and Savings) Order 2002.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The Housing (Scotland) Act 2001 (Commencement No. 1, Transitional Provisions and Savings) Order 2001 (S.S.I. 2001/336) provides for commencement of provisions of the Act as follows:–

Provision	Date of commencement
Sections 1–2	1st October 2001
Sections 57–83	1st November 200
Section 88	1st October 2001
Sections 90 to 94	1st November 2001
Section 95	1st October 2001
Sections 106–107	1st November 2001
Section 108	1st October 2001
Section 111	1st October 2001
Section 112 (only for the purpose of bringing into force certain paragraphs of Schedule 10)	1st November 2001
Schedule 7 to 9	1st November 2001
Schedule 10 (partially)	1st November 2001

The Housing (Scotland) Act 2001 (Commencement No. 2, Transitional Provisions, Savings and Variation) Order 2001 (S.S.I. 2001/397) provides for commencement of provisions of the Act as follows:–

Provision	Date of commencement
Section 84 (only for the purpose of transferring all of the functions of Scottish Homes to the Scottish Ministers except for the functions conferred by section 1(3)(b) of the Housing (Scotland) Act 1988)	1st November 2001
Section 85	1st November 2001
Section 87	1st November 2001
Section 89	1st November 2001
Section 112 (only for the purposes of bringing into force certain paragraphs of Schedule 10)	1st November 2001
Schedule 10 (partially)	1st November 2001

The Housing Scotland Act 2001 (Commencement No. 3, Transitional Provisions and Savings) Order 2001 (S.S.I. 2001/467) provides for commencement of provisions of the Act as follows:–

Provision	Date of commencement
Sections 112 (only for the purposes of bringing into force certain paragraphs of Schedule 10)	19th December 2001
Schedule 10 (partially)	19th December 2001

The Housing (Scotland) Act 2001 (Commencement No. 4) Order 2002 (S.S.I. 2002/168) provides for commencement of provisions of the Act as follows:–

Provision	Date of commencement
Section 3(1)(a) and (c)	1st April 2002
Section 3(4)(b)	1st April 2002
Section 4	1st April 2002
Sections 8 to 10	1st April 2002
Section 112 (only for the purpose of bringing into force certain paragraphs of Schedule 10)	1st April 2002
Schedule 10 (partially)	1st April 2002

The Housing (Scotland) Act 2001 (Commencement No. 5) Order 2002 (S.S.I. 2002/321) provides for commencement of provisions of the Act as follows:–

Provision	Date of commencement
Section 3	30th September 2002
Sections 5 to 7	30th September 2002
Sections 11 to 56	30th September 2002
Section 112 (only for the purpose of bringing into force certain paragraphs of Schedule 10)	30th September 2002
Schedule 10 (partially)	30th September 2002

(1)

2001 asp 10.

(2)

S.S.I. 2002/321.

(3)

1988 c. 43.