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The Housing (Scotland) Act 2006 (Commencement No. 9) Order 2010
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- Scottish Statutory Instruments
- 2010 No. 436 (C. 30)
- Explanatory Note
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EXPLANATORY NOTE
(This note is not part of the Order)
This Order brings into force, on 21st December 2010, the provisions of Part 4 of the Housing (Scotland) Act 2006, which makes provision in relation to tenancy deposits.
Sections 120 to 122 make provision about tenancy deposit schemes. Section 120 defines what is meant by “tenancy deposit” and “tenancy deposit scheme”. Section 121 empowers the Scottish Ministers to make regulations to set the regulatory framework pertaining to tenancy deposit schemes. Section 122 makes provision about the approval of tenancy deposit schemes by the Scottish Ministers, publicity and consultation requirements and the review of tenancy deposit schemes.
Section 123 makes a minor amendment to section 90(3) of the Rent (Scotland) Act 1984 (c.58) to declare, for the avoidance of doubt, that a deposit received from a tenant as security for the tenant’s obligations to pay rent is not an unlawful premium for the purposes of Part 8 of that Act.
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