The Private Housing (Tenancies) (Scotland) Act 2016 (Commencement No. 1) Regulations 2016

Scottish Statutory Instruments

2016 No. 298 (C. 28)

Housing

The Private Housing (Tenancies) (Scotland) Act 2016 (Commencement No. 1) Regulations 2016

Made

22nd September 2016

Laid before the Scottish Parliament

26th September 2016

Coming into force

31st October 2016

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 79(2) of the Private Housing (Tenancies) (Scotland) Act 2016(1).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Private Housing (Tenancies) (Scotland) Act 2016 (Commencement No. 1) Regulations 2016 and come into force on 31st October 2016.

(2) In these Regulations, “the Act” means the Private Housing (Tenancies) (Scotland) Act 2016.

Appointed day

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 specified in column 2 of the schedule) is 31st October 2016.

(2) Where a purpose is specified in column 3 of the schedule in relation to any provision, that provision comes into force in accordance with paragraph (1) for that purpose only.

KEVIN STEWART

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

22nd September 2016

Regulation 2

SCHEDULE

Provisions coming into force on 31st October 2016

Column 1 Provision of the Act	Column 2 Subject matter	Column 3 Purpose
Section 7	Statutory terms of tenancy	Only for the purpose of making regulations
Section 8	Regulations under section 7
Section 11	Duty to provide specified information
Section 12	Regulations about providing information
Section 17(3)	Requirements of notice to landlord of tenant’s intention to make an application under section 14 or 16	Only for the purpose of making regulations
Section 22(2)	Requirements of rent-increase notice	Only for the purpose of making regulations
Section 24(3) and (4)	Prescribed form and fee (if any) in relation to: referral by tenant to rent officer to set rent; and manner of intimation of referral to landlord	Only for the purpose of making regulations
Section 34(2)	Duty to make publicly available information in relation to setting rents
Section 43(1)	Prescribed form for landlord to apply to rent officer to set an additional amount of rent in respect of improvements carried out to a let property in a rent pressure zone	Only for the purpose of making regulations
Section 61(3)	Requirements of sub-tenancy notice to leave	Only for the purpose of making regulations
Section 62(1)	Requirements of notice to leave	Only for the purpose of making regulations
Schedule 2	Statutory terms required by section 8

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force particular sections of the Private Housing (Tenancies) (Scotland) Act 2016 (“the Act”).

Regulation 2(1) and the schedule bring into force the following sections of the Act on 31st October 2016, for the limited purpose of making regulations: sections 7, 17(3), 22(2), 24(3) and (4), 43(1), 61(3) and 62(1). Sections 8, 11, 12 and 34(2) and schedule 2 of the Act are commenced on that date for all purposes.

The Bill for the Private Housing (Tenancies) (Scotland) Act 2016 received Royal Assent on 22nd April 2016. Section 79(1) of the Act brought into force sections 76, 77, 78, 79 and 80 on the following day.

(1)

2016 asp 19.