2015 No. 430 (C. 58)
Housing

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

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 102 and 104(3) of the Housing (Scotland) Act 20141 and all other powers enabling them to do so.

Citation, commencement and interpretation1.

(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 day2.

(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 provision3.

(1)

The Tenant Information Packs (Assured Tenancies) (Scotland) Order 20132 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 20063;”.

(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

SCHEDULE 1

Article 2

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)

SCHEDULE 2

Article 3(4)

“SCHEDULETENANT INFORMATION PACK”

Article 2

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