The Housing (Scotland) Act 2006 (Commencement No. 6 and Transitional Provision) Order 2008

Explanatory Note

(This note is not part of the Order)

This Order brings into force provisions of the Housing (Scotland) Act 2006 (“the 2006 Act”).

Sections 73, 77 and 79 permit the Scottish Ministers to make regulations in connection with local authority grants and loans for housing purposes. These provisions, so far as allowing regulations to be made, come into force on 29th September 2008.

Sections 98 to 119 create duties on the part of sellers of houses or their agents to provide information about the house, with provision for a penalty charge in the case of a breach of the duties. Section 111 gives effect to Schedule 3 which contains procedure for penalty charge notices. These provisions come into force on 1st December 2008.

The transitional provision in article 4 has the effect that if a house is already on the market on the commencement date, the duties in sections 98, 99(1), 101(2) and 106(3) of the 2006 Act to possess and produce documents and give information to potential buyers do not apply for so long as the house remains on the market. Section 119 of the 2006 Act gives the meaning of “on the market” and “remains on the market”.