The Private Rented Housing (Scotland) Act 2011 (Commencement No. 6 and Savings Provisions) Order 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings sections 3, 5, 8, 9, 11 and 12 of the Private Rented Housing (Scotland) Act 2011 (“the 2011 Act”) into force on 1st April 2013 and section 6 of the 2011 Act into force on 1st June 2013.

Section 3 of the 2011 Act amends the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8) (“the 2004 Act”). The amendments provide that an entry in the landlord registration register must state the landlord registration number and that where a local authority gives notice of the fact of registration, it must give notice of the landlord registration number.

Section 5 of the 2011 Act inserts a new section 92ZA into the 2004 Act which places a duty on a local authority to note in its landlord registration register the fact that a person was refused entry to, or removed from, the register for specified reasons. Section 5 of the 2011 Act also amends section 88A of the 2004 Act to ensure that members of the public can, on application, find out if such a note has been placed on the register and also whether an application for registration has been made but not yet determined.

Section 6 of the 2011 Act inserts a new section 92B into the 2004 Act which places a duty on a registered person to ensure that where that person’s property is advertised for let the advertisement includes the landlord registration number or, in the case of a landlord whose application is yet to be determined, the words “landlord registration pending”.

Section 8 of the 2011 Act makes an amendment to the 2004 Act which will allow a court, in addition to imposing a fine, to disqualify a person convicted under section 93(1) or (2) of the 2004 Act from being registered by any local authority.

Section 9 of the 2011 Act inserts two new sections, 97A and 97B into the 2004 Act. Section 97A provides local authorities with powers to require specified persons to provide information which will enable the local authorities to carry out its functions under Part 8 of the 2004 Act (landlord registration). Section 97B sets out how the requirement must be made.

Section 11 of the 2011 Act inserts a new section 22A into the Housing (Scotland) Act 2006 (asp 1) which places a duty on the private rented housing panel to provide specified information to the relevant local authority. The duty arises on receipt of an application by a tenant for a determination that a landlord has failed to comply with the repairing standard.

Section 12 of the 2011 Act brings the Schedule to that Act (which makes minor modifications and modifications consequential on Part 1 of the 2011 Act) into effect.

Article 3 of this Order makes certain savings provisions.

The Bill for the 2011 Act received Royal Assent on 20th April 2011. Part 5 of the 2011 Act (sections 38 to 41: general provisions) came into force the following day.