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The Housing (Scotland) Act 2014 (Commencement No. 3 and Transitional Provision) Order 2015

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Citation, commencement and interpretation

1.—(1) This Order may be cited as the Housing (Scotland) Act 2014 (Commencement No. 3 and Transitional Provision) Order 2015 and comes into force on 13th July 2015.

(2) In this Order, “the Act” means the Housing (Scotland) Act 2014 and “the 2006 Act” means the Housing (Scotland) Act 2006(1).

Appointed days

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.

Transitional provision

3.—(1) Subject to paragraph (2), where a tenancy exists on 1st December 2015—

(a)section 19A(1) and (3)(b) of the 2006 Act (duty to ensure regular electrical safety inspections and to provide tenant with a copy of the record of any inspection)(2) does not apply to that tenancy until 1st December 2016;

(b)an electrical safety inspection as required by section 19A(1) must be undertaken no later than 1st December 2016, if the tenancy remains in existence on that date;

(c)section 19A(2)(a) and (3)(a) (requirement to ensure inspection before the start of the tenancy and provide the tenant with a copy of the record of the most recent inspection) does not apply; and

(d)section 19A(3)(b) (duty to provide the tenant with a copy of the record of any inspection carried out during the tenancy) is complied with by providing the tenant with a copy of the most recent inspection.

(2) Where an electrical safety inspection that complies with the requirements of paragraph (3) has been undertaken in the period beginning with 1st January 2012 and ending with 30th November 2015 and the tenant has been provided with a copy of the record of that inspection, any duty under section 19A(1) of the 2006 Act is complied with for a period of 5 years from the date of that inspection.

(3) The requirements are those set out in sections 19A(1) and 19B of the 2006 Act, without the requirement for inspection of electrical appliances.

M J BURGESS

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

24th June 2015

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