The Housing (Scotland) Act 2014 (Commencement No. 5 and Consequential Provision) Order 2015

Scottish Statutory Instruments

2015 No. 430 (C. 58)

Housing

The Housing (Scotland) Act 2014 (Commencement No. 5 and Consequential Provision) Order 2015

Made

15th December 2015

Laid before the Scottish Parliament

17th December 2015

Coming into force

2nd February 2016

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 102 and 104(3) of the Housing (Scotland) Act 2014(1) and all other powers enabling them to do so.

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Housing (Scotland) Act 2014 (Commencement No. 5 and Consequential Provision) Order 2015 and comes into force on 2nd February 2016.

(2) In this Order, “the Act” means the Housing (Scotland) Act 2014.

Appointed day

2.—(1) Subject to paragraph (2), 2nd February 2016 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of Schedule 1 (the subject-matter of which is described in column 2 of Schedule 1).

(2) Where a purpose is specified in column 3 of Schedule 1, a provision specified in column 1 comes into force in accordance with paragraph (1) only for that purpose.

Consequential provision

3.—(1) The Tenant Information Packs (Assured Tenancies) (Scotland) Order 2013(2) is amended as follows.

(2) In article 2 (specified documents) after paragraph (c) insert—

“(ca) a copy of any electrical safety record that requires to be given to the tenant in accordance with section 19A(3) of the Housing (Scotland) Act 2006(3);”.

(3) In article 4(1) for “or (c)” substitute “, (c) or (ca)”.

(4) For the Schedule, substitute the Schedule set out in Schedule 2.

M J BURGESS

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

15th December 2015

Article 2

SCHEDULE 1

Column 1	Column 2	Column 3
Provisions of the Act	Subject-matter	Purpose
Section 29(2)(b)	Power to prescribe information to be contained in an entry in the register of letting agents	The purpose of making regulations
Section 30(2)(f)	Power to prescribe additional information to be included in an application for registration	The purpose of making regulations
Section 32(2)(c)	Power to prescribe training requirements for letting agents	The purpose of making regulations
Section 52(2)	Power to make further provision about the requiring of information under section 52(1)

Article 3(4)

SCHEDULE 2

Article 2

“SCHEDULE TENANT INFORMATION PACK

”

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force various provisions of the Housing (Scotland) Act 2014 (“the Act”).

Article 2 and Schedule 1 appoint 2nd February 2016 for the coming into force of sections 29(2)(b), 30(2)(f), 32(2)(c) and 52(2) of the Act, for the purpose of enabling regulations to be made (which is the sole purpose of section 52(2)).

Article 3 amends the Tenant Information Packs (Assured Tenancies) (Scotland) Order 2013 in consequence of sections 22 (carbon monoxide alarms), 23 (electrical safety inspections) and 25 (third party application in respect of the repairing standard) of the Act.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Housing (Scotland) Act 2014 have been brought into force by commencement orders made before the date of this Order.

Provision of the Act	Date of commencement	S.S.I. No.
Section 1(1)	1st August 2016	S.S.I. 2014/264
Section 1(2)	20th November 2014	S.S.I. 2014/164
Section 1(3) (partially)	20th November 2014	S.S.I. 2014/264
Section 1(3) (remainder)	1st July 2017	S.S.I. 2014/264
Section 2	20th November 2014	S.S.I. 2014/264
Section 4(2) (partially)	20th November 2014	S.S.I. 2014/264
Section 6(2) (partially)	20th November 2014	S.S.I. 2014/264
Section 7(1)(b)	20th November 2014	S.S.I. 2014/264
Section 14(1)	20th November 2014	S.S.I. 2014/264
Section 20	20th November 2014	S.S.I. 2014/264
Section 22	1st December 2015	S.S.I. 2015/272
Section 23(1)	20th November 2014	S.S.I. 2014/264
Section 23 (remainder)	1st December 2015	S.S.I. 2015/272
Section 24	20th November 2014	S.S.I. 2014/264
Section 25(1)(a)(partially), (1)(b) to (e) and (2) to (11)	1st December 2015	S.S.I. 2015/349
Section 25(1)(a)(partially)	1st April 2016	S.S.I. 2015/349
Section 25(1)(a)(remainder)	1st June 2016	S.S.I. 2015/349
Section 26(7)	20th November 2014	S.S.I. 2014/264
Sections 26 (remainder) and 27	1st December 2015	S.S.I. 2015/272
Section 28	20th November 2014	S.S.I. 2014/264
Sections 46 and 61	20th November 2014	S.S.I. 2014/264
Section 62 (partially)	20th November 2014	S.S.I. 2014/264
Sections 64 and 65 (partially)	20th November 2014	S.S.I. 2014/264
Section 70	20th November 2014	S.S.I. 2014/264
Section 77 (partially)	20th November 2014	S.S.I. 2014/264
Section 82	20th November 2014	S.S.I. 2014/264
Section 85(3) and (4)	20th November 2014	S.S.I. 2014/264
Section 85 (remainder)	1st April 2015	S.S.I. 2015/122
Section 86(1) (partially)	13th November 2014	S.S.I. 2014/264
Section 86(2) (partially)	13th November 2014	S.S.I. 2014/264
Section 86 (remainder)	16th December 2014	S.S.I. 2014/264
Sections 87 and 88	1st April 2015	S.S.I. 2015/122
Section 89	13th July 2015	S.S.I. 2015/272
Sections 90 to 92	1st April 2015	S.S.I. 2015/122
Sections 94 to 96	20th November 2014	S.S.I. 2014/264
Section 97 (partially)	20th November 2014	S.S.I. 2014/264
Section 97 (remainder)	31st August 2015	S.S.I. 2015/272
Section 98	20th November 2014	S.S.I. 2014/264
Section 103 (partially)	20th November 2014	S.S.I. 2014/264
Section 103 (partially)	1st August 2016	S.S.I. 2014/264
Schedule 2 (partially)	1st August 2016	S.S.I. 2014/264

(1)

2014 asp 14.

(2)

S.S.I. 2013/20, amended by S.S.I. 2013/90.

(3)

2006 asp 1; Section 19A was inserted by the Housing (Scotland) Act 2014, section 23(2).