The Housing (Scotland) Act 2014 (Commencement No. 1, Transitional and Saving Provisions) Order 2014
Citation, commencement and interpretation
1.
(1)
This Order may be cited as the Housing (Scotland) Act 2014 (Commencement No. 1, Transitional and Saving Provisions) Order 2014 and comes into force on 13th November 2014.
(2)
In this Order “the Act” means the Housing (Scotland) Act 2014.
Appointed days
2.
(1)
Subject to paragraph (2), the day appointed for the coming into force of the provisions of the Act specified in column 1 of the Schedule (the subject-matter of which is described in column 2 of the Schedule) is specified in column 3 of the Schedule.
(2)
Where a purpose is specified in column 4 of the Schedule, a provision specified in column 1 comes into force in accordance with paragraph (1) only for that purpose.
Transitional provision
3.
Saving provisions
4.
Despite the commencement of section 1 (abolition of the right to buy) of the Act, the provisions repealed or modified by subsection (1) of that section and by paragraphs 1, 2, 4(7) and (8), 9, 10(3), (4) and (5)(b), 14 to 16, 18(3), (6) and (7)(a) and 19 of schedule 2 to the Act continue to have effect as they had effect on 31st July 2016 in relation to—
(a)
(b)
any contract to purchase, and any purchase, following on from such an application.
5.
Despite the commencement of section 2 (amendment of right to buy provisions) of the Act, section 61F of the 1987 Act applies to any application to purchase submitted under section 63(1) of that Act prior to 20th November 2014, as it applied immediately before that date.
6.
St Andrew’s House,
Edinburgh
SCHEDULE
Column 1 | Column 2 | Column 3 | Column 4 |
|---|---|---|---|
Provisions of the Act | Subject-matter | Appointed day | Purpose |
Section 86(1) | Notice of potential liability for costs: notice of discharge | 13th November 2014 | So far as is necessary to enable the Scottish Ministers to make an order under section 10A(3B)(a) of the Title Conditions (Scotland) Act 2003 |
Section 86(2) | Notice of potential liability for costs: notice of discharge | 13th November 2014 | So far as is necessary to enable the Scottish Ministers to make an order under section 13(3B)(a) of the Tenements (Scotland) Act 2004 |
Section 1(2) | Repeal of right to buy reporting provision | 20th November 2014 | |
Section 1(3) | Repeal of right to buy information collection provisions | 20th November 2014 | For the purpose of repealing section 147 of the 2010 Act |
Section 2 | Amendment of right to buy provisions | 20th November 2014 | |
Section 4(2) | Rules on priority of allocation of housing: regulations | 20th November 2014 | For the purpose of enabling consultation by the Scottish Ministers under section 21(3B) of the 1987 Act |
Section 6(2) | Determination of minimum period for application to remain in force: guidance | 20th November 2014 | For the purpose of enabling consultation by the Scottish Ministers under section 20B(4) of the 1987 Act |
Section 7(1)(b) | Creation of short Scottish secure tenancy: antisocial behaviour: guidance | 20th November 2014 | |
Section 14(1) | Grounds for eviction: antisocial behaviour: guidance | 20th November 2014 | |
Section 20 | Houses in multiple occupation | 20th November 2014 | |
Section 23(1) | Electrical safety: guidance | 20th November 2014 | |
Section 24 | Power to modify repairing standard etc. | 20th November 2014 | |
Section 26(7) | Procedure for third party applications | 20th November 2014 | |
Section 28 | Private rented housing: Enhanced Enforcement Areas | 20th November 2014 | |
Section 46 | Letting Agent Code of Practice | 20th November 2014 | |
Section 61 | Meaning of letting agency work | 20th November 2014 | |
Section 62 | Interpretation of Part 4 of the Act | 20th November 2014 | The meaning of “house”, “landlord”, and “tenant” |
Section 64 | Relevant permanent site application | 20th November 2014 | So far as is necessary to enable the Scottish Ministers to make regulations under section 32C(4) of the 1960 Act |
Section 65 | Issue, renewal, transfer and transmission of a Part 1A site licence | 20th November 2014 | So far as is necessary to enable the Scottish Ministers to make regulations under section 32F(3) of the 1960 Act |
Section 70 | Power to make provision in relation to procedure and appeals | 20th November 2014 | |
Section 77 | Appointment of interim manager | 20th November 2014 | So far as is necessary to enable the Scottish Ministers to make regulations under section 32Y(5) of the 1960 Act |
Section 82 | Interpretation | 20th November 2014 | |
Section 85(3) and (4) | Tenement management scheme | 20th November 2014 | |
Section 94 | First-tier Tribunal: disqualification of members from exercise of certain functions | 20th November 2014 | |
Section 95 | Private rented housing panel: disqualification from membership | 20th November 2014 | |
Section 96 | Delegation of certain functions | 20th November 2014 | |
Section 97 | Scottish Housing Regulator: transfer of assets following inquiries: guidance | 20th November 2014 | For the purpose of enabling consultation by the Regulator under section 67(4B)(b) of the 2010 Act |
Section 98 | Registered social landlord becoming a subsidiary of another body | 20th November 2014 | |
Section 103 | Minor and consequential amendments | 20th November 2014 | For the purpose of giving effect to schedule 2, paragraphs 3, 4(1) to (4) and (9)(b), 5(1) and (3), 10(1) and (5)(a), 12, 13, 17 and 18(1), (2), (4) (5) and (7)(b) |
Schedule 2, paragraphs 3, 4(1) to (4) and (9)(b), 5(1) and (3), 10(1) and (5)(a), 12, 13, 17 and 18(1), (2), (4) (5) and (7)(b) | Minor and consequential amendments | 20th November 2014 | |
Section 86 | Notice of potential liability for costs: notice of discharge | 16th December 2014 | For all remaining purposes |
Section 1(1) | Repeal of right to buy provisions | 1st August 2016 | |
Section 103 | Minor and consequential amendments | 1st August 2016 | For the purpose of giving effect to schedule 2, paragraphs 1, 2, 4(7) and (8), 9, 10(3), (4) and (5)(b), 14 to 16, 18(3), (6) and (7)(a) and 19 |
Schedule 2, paragraphs 1, 2, 4(7) and (8), 9, 10(3), (4) and (5)(b), 14 to 16, 18(3), (6) and (7)(a) and 19 | Minor and consequential amendments | 1st August 2016 | |
Section 1(3) | Repeal of right to buy information collection provisions | 1st July 2017 | For all remaining purposes |
This Order brings into force various provisions of the Housing (Scotland) Act 2014 (“the 2014 Act”).
The Schedule to the Order (“the Schedule”) appoints 1st August 2016 for the coming into force of section 1 of the 2014 Act. The effect is that the right to buy will cease to apply to social housing from that date. The related consequential amendments in paragraphs 1, 2, 4(7) and (8), 9, 10(3), (4) and (5)(b), 14 to 16, 18(3), (6) and (7)(a) of schedule 2 to the 2014 Act are also commenced on this date.
Article 4 makes saving provision to provide that where an application to purchase has been submitted before that date, it can continue to be progressed under the legislation that is otherwise revoked. This saving provision also ensures that a person who has purchased at a discount requires to repay some or all of that discount in any subsequent sale or disposal of the property within three years.
The Schedule appoints 13th November 2014 for the coming into force of sections 86(1) and 86(2) of the 2014 Act (for the purposes of enabling the Scottish Ministers to make orders under section 10A(3B)(a) of the Title Conditions (Scotland) Act 2003 and under section 13(3B)(a) of the Tenements (Scotland) Act 2004). It also appoints 16th December 2014 for section 86 to come into force for all remaining purposes.
20th November 2014 is appointed for the coming into force of sections 1(2) and (3), 2, 4(2), 6(2), 7(1)(b), 14(1), 20, 23(1), 24, 26(7), 28, 46, 61, 62, 64, 65, 70, 77, 82, 85(3) and (4), 94, 95, 96, 97, 98 and 103 (for the purpose of commencing the following paragraphs), paragraphs 3, 4(1) to (4) and (9)(b), 5(1) and (3), 10(1) and (5)(a), 12, 13, 17, 18(1), (2), (4), (5) and (7)(b) of schedule 2. Of these provisions, the following are commenced only partially: sections 1(3), 4(2), 6(2), 62, 64, 65, 77, 82, 97 and 103.
Article 3 provides that section 104A of the Housing (Scotland) Act 2010 (introduced by section 98 of the 2014 Act) will not apply where an application for consent has already been made to Scottish Housing Regulator under section 93 of the 2010 Act.
Article 5 provides that the commencement of section 2, with respect to the amendment made to section 61F of the Housing (Scotland) Act 1987, does not affect applications to purchase served prior to 20th November 2014.
Article 6 preserves Case 7 of Part 1 of Schedule 2 to the Rent (Scotland) Act 1984, without the amendments introduced by paragraph 3 of schedule 2 to the 2014 Act, in relation to any certificate granted by the Scottish Ministers prior to 20th November 2014.
Sections 100, 101, 102, 104 and 105 of the 2014 Act came into force on 1st August 2014. Section 93 of the 2014 Act comes into force on 1st October 2014. The remaining provisions of the 2014 Act will come into force on such date or dates as the Scottish Ministers appoint.