2016 No. 412 (C. 42)

Housing

The Housing (Scotland) Act 2014 (Commencement No. 6 and Transitional Provision) Order 2016
Made
6th December 2016
Laid before the Scottish Parliament
8th December 2016
Coming into force
23rd December 2016
The Scottish Ministers make the following Order in exercise of the powers conferred by section 104(3) and (5) of the Housing (Scotland) Act 2014 and all other powers enabling them to do so.

Citation, commencement and interpretation
1
1
This Order may be cited as the Housing (Scotland) Act 2014 (Commencement No. 6 and Transitional Provision) Order 2016 and comes into force on 23rd December 2016.
2
In this Order “the Act” means the Housing (Scotland) Act 2014.

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
Despite the commencement of section 44 (offence of operating as a letting agent without registration) of the Act, it is not an offence under subsection (1) of that section for a person who is not a registered letting agent to carry out letting agency work if—
a
the person has, before 31st September 2018, made an application under section 30 of the Act, to be entered in the register; and
b
the application has not yet been finally determined.
2
For the purpose of paragraph (1)(b), an application is finally determined when—
a
the applicant is entered in the register;
b
it is withdrawn; or
c
it is refused and either—
i
the time limit for appeal against refusal expires without an appeal having been made; or
ii
an appeal against refusal is dismissed or abandoned.
KEVIN STEWART
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
6th December 2016
SCHEDULE
Article 2
Column 1 Provisions of the Act | Column 2 Subject-matter | Column 3 Appointed day
Section 63 | Licensing of sites for permanent residents | 1st May 2017
Section 64 (insofar as not already in force) | Relevant permanent site application | 1st May 2017
Section 65 (insofar as not already in force) | Issue, renewal, transfer and transmission of a Part 1A site licence | 1st May 2017
Section 66 | Duration of a Part 1A site licence | 1st May 2017
Section 67 | Duty to inform local authority where change | 1st May 2017
Section 68 | Revocation of a Part 1A site licence: fit and proper person | 1st May 2017
Section 69 | Appeals relating to a Part 1A site licence | 1st May 2017
Section 71 | Fit and proper person considerations | 1st May 2017
Section 72 | Fit and proper person: criminal conviction certificate | 1st May 2017
Section 73 | Fit and proper person: information sharing | 1st May 2017
Section 74 | Offences relating to relevant permanent sites | 1st May 2017
Section 75 | Improvement notices | 1st May 2017
Section 76 | Penalty notices | 1st May 2017
Section 77 (insofar as not already in force) | Appointment of interim manager | 1st May 2017
Section 78 | Emergency action | 1st May 2017
Section 79 | Powers of entry | 1st May 2017
Section 80 | Recovery of inspection and enforcement expenses | 1st May 2017
Section 81 | Offences by bodies corporate etc. under Part 1A of the 1960 Act | 1st May 2017
Section 83 | Transitional provision for existing site licences | 1st May 2017
Section 84 | Agreements to which the Mobile Homes Act 1983 applies | 1st May 2017
Section 29 (insofar as not already in force) | Register of letting agents | 31st January 2018
Section 30 (insofar as not already in force) | Application for registration | 31st January 2018
Section 31 | Offence of providing false information in an application | 31st January 2018
Section 32 (insofar as not already in force) | Decision on application | 31st January 2018
Section 33 | Time limit for determining application | 31st January 2018
Section 34 | Fit and proper person considerations | 31st January 2018
Section 35 | Fit and proper person: criminal record information | 31st January 2018
Section 36 | Letting agent registration number | 31st January 2018
Section 37 | Duty to inform: change of circumstances | 31st January 2018
Section 38 | Duration of registration | 31st January 2018
Section 39 | Revocation of registration | 31st January 2018
Section 40 | Removal from register on application | 31st January 2018
Section 41 | Appeals | 31st January 2018
Section 42 | Note on register where refusal or removal | 31st January 2018
Section 43 | No payment for letting agency work refusal or removal | 31st January 2018
Section 45 | Offence of using a registration number where no registration | 31st January 2018
Section 47 | Prohibition on contracting out | 31st January 2018
Section 48 | Applications to First-tier Tribunal to enforce code of practice | 31st January 2018
Section 49 | Variation and revocation of enforcement orders | 31st January 2018
Section 50 | Failure to comply with enforcement order | 31st January 2018
Section 51 | Enforcement orders: offence | 31st January 2018
Section 52 (insofar as not already in force) | Power to obtain information | 31st January 2018
Section 53 | Power to carry out inspections | 31st January 2018
Section 54 | Warrants for entry | 31st January 2018
Section 55 | Inspections: supplemental | 31st January 2018
Section 56 | Information and inspection: offence | 31st January 2018
Section 57 | Transfer of jurisdiction of actions involving letting agents | 31st January 2018
Section 58 | Offences by bodies corporate etc. | 31st January 2018
Section 59 | Delegation of functions relating to the register | 31st January 2018
Section 60 | Landlord registration where agent is a registered letting agent | 31st January 2018
Section 62 (insofar as not already in force) | Interpretation of Part 4 | 31st January 2018
Section 44 | Offence of operating as a letting agent without registration | 31st September 2018

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 the schedule appoint 1st May 2017 for the commencement of the remaining provisions in Part 5 (mobile home sites with permanent residents) of the Act.
31st January 2018 is the day appointed for the coming into force of the majority of the provisions in Part 4 (letting agents) of the Act.
Section 44 (offence of operating as a letting agent without registration) of the Act will come into force on 31st September 2018 which gives a period of 8 months from the date the register of letting agents is established before that offence provision is in force. Article 3 ensures that the offence provision will not apply if by that date an application has been made but has not been finally determined.
Sections 100, 101, 102, 104 and 105 of the Act come into force on the day the Bill for the Act received Royal Assent: 1st August 2014

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.
Table 1
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
Section 29(2)(b) (partially) | 2nd February 2016 | S.S.I. 2015/430
Section 30(2)(f) (partially) | 2nd February 2016 | S.S.I. 2015/430
Section 32(2)(c) (partially) | 2nd February 2016 | S.S.I. 2015/430
Section 46 | 20th November 2014 | S.S.I. 2014/264
Section 52(2) (partially) | 2nd February 2016 | S.S.I. 2015/430
Section 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
2014 asp 14.