The Housing (Scotland) Act 2014 (Commencement No. 7, Amendment and Saving Provision) Order 2017
Citation, commencement and interpretation1.
(1)
This Order may be cited as the Housing (Scotland) Act 2014 (Commencement No. 7, Amendment and Saving Provision) Order 2017 and comes into force on 1st December 2017.
(2)
In this Order, “the Act” means the Housing (Scotland) Act 2014.
Amendment of the Housing (Scotland) Act 2014 (Commencement No. 6 and Transitional Provision) Order 20162.
(1)
(2)
In article 3(1)(a) (transitional provision) and in the last entry in column 3 of the table in the schedule (appointed day), for “31st September 2018”, substitute “2nd October 2018”.
Appointed day3.
(1)
The day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in the schedule (the subject-matter of which is described in column 2 of that table) is 1st December 2017.
(2)
Where a purpose is specified in column 3 of the table in the schedule, a provision specified in column 1 comes into force in accordance with paragraph (1) only for that purpose.
Saving provision4.
The transfer of functions and jurisdiction of the sheriff to the First-tier Tribunal made by section 16 of the Act has no effect in relation to any—
(a)
action arising from any tenancy referred to in section 16(1) of the Act where the application to the sheriff was made prior to 1st December 2017; and
(b)
any appeal against the decision of a sheriff in an action of the kind mentioned in paragraph (a) where the appeal—
(i)
has not been determined prior to 1st December 2017; or
(ii)
is made on or after 1st December 2017 in relation to a decision of a sheriff made on or after that date.
St Andrew’s House,
Edinburgh
SCHEDULEPROVISIONS OF THE ACT COMING INTO FORCE ON 1ST DECEMBER 2017
Column 1 Provisions of the Act | Column 2 Subject-matter | Column 3 Purpose |
|---|---|---|
Section 16(1) and (2) | Regulated and assured tenancies etc. | |
Section 16(3) and schedule 1 so far as they relate to paragraphs 1 to 6, 8 and 10 to 48 | Regulated and assured tenancies etc. | |
Section 16(3) and schedule 1 so far they relate to paragraph 7 | Regulated and assured tenancies etc. | |
Section 17 and schedule 1, Paragraphs 49 to 51 | Repairing standard | |
Section 18 and schedule 1, paragraphs 52 to 55 | Right to adapt rented houses | |
Section 19 and schedule 1, paragraphs 56 to 60 | Landlord registration |
This Order brings into force various provisions of the Housing (Scotland) Act 2014 (“the Act”).
Article 2 amends an incorrect date in the Housing (Scotland) Act 2014 (Commencement No. 6 and Transitional Provision) Order 2016.
Article 3 appoints 1st December 2017 for the coming into force of section 16 and Part 1 of schedule 1 of the Act, section 17 and Part 2 of that schedule, section 18 and Part 3 of that schedule and section 19 and Part 4 of that schedule.
The effect of section 16 of the Act is to transfer the functions and jurisdiction of the sheriff (except in relation to criminal offences) in respect of certain types of tenancy, to the First-tier Tribunal for Scotland. The types of tenancy are: regulated tenancies and Part VII contracts under the Rent (Scotland) Act 1984 and assured tenancies under the Housing (Scotland) Act 1988. Sections 17, 18 and 19 make amendments consequential to the transfer of functions and jurisdiction in relation to the repairing standard, the right to adapt rented houses and landlord registration, respectively.
The third entry in the table in the schedule commences paragraph 7 of schedule 1 of the Act only for the purpose of proceedings in relation to a regulated or an assured tenancy. Paragraph 7 makes a consequential amendment to section 23(1) (prohibition of eviction without due process of law) of the Rent (Scotland) Act 1984. As section 23 applies to various types of tenancy and excepts others, including Part VII contracts, it is commenced only in relation to those types of tenancy in respect of which jurisdiction is transferring to the First-tier Tribunal for Scotland.
Article 4 makes a saving provision in relation to proceedings begun in the sheriff court prior to 1st December 2017 and appeals in relation to those proceedings whether an appeal is made before or after 1st December 2017.
The Bill for the Act received Royal Assent on 1st August 2014. Sections 100, 101, 102, 104 and 105 of the Act came into force on that day by virtue of section 104(1) of the Act.
The provisions of the Housing (Scotland) Act 2014 which have been, or are due to be brought into force by commencement orders made before the date of this Order are detailed in the table below.
Provision of the Act | Date of Commencement | S.S.I.No. |
|---|---|---|
Section 1(1) | 1st August 2016 | |
Section 1(2) | 20th November 2014 | |
Section 1(3) (partially) | 20th November 2014 | |
Section 1(3) (remainder) | 1st July 2017 | |
Section 2 | 20th November 2014 | |
Section 4(2) (partially) | 20th November 2014 | |
Section 6(2) (partially) | 20th November 2014 | |
Section 7(1)(b) | 20th November 2014 | |
Section 14(1) | 20th November 2014 | |
Section 20 | 20th November 2014 | |
Section 22 | 1st December 2015 | |
Section 23(1) | 20th November 2014 | |
Section 23 (remainder) | 1st December 2015 | |
Section 24 | 20th November 2014 | |
Section 25(1)(a) (partially), (1)(b) to (e) and (2) to (11) | 1st December 2015 | |
Section 25(1)(a) (partially) | 1st April 2016 | |
Section 25(1)(a) (remainder) | 1st June 2016 | |
Section 26(7) | 20th November 2014 | |
Sections 26 (remainder) and 27 | 1st December 2015 | |
Section 28 | 20th November 2014 | |
Section 29(2)(b) (partially) | 2nd February 2016 | |
Section 29 (remainder) | 31st January 2018 | |
Section 30(2)(f) (partially) | 2nd February 2016 | |
Section 30 (remainder) | 31st January 2018 | |
Section 31 | 31st January 2018 | |
Section 32(2)(c) (partially) | 2nd February 2016 | |
Section 32 (remainder) | 31st January 2018 | |
Sections 33 to 43 | 31st January 2018 | |
Section 45 | 31st January 2018 | |
Section 46 | 20th November 2014 | |
Section 47 to 51 | 31st January 2018 | |
Section 52(2) | 2nd February 2016 | |
Section 52 (remainder) | 31st January 2018 | |
Sections 53 to 60 | 31st January 2018 | |
Section 61 | 20th November 2014 | |
Section 62 (partially) | 20th November 2014 | |
Section 62 (remainder) | 31st January 2018 | |
Section 63 | 1st May 2017 | |
Sections 64 and 65 (partially) | 20th November 2014 | |
Sections 64 and 65 (remainder) | 1st May 2017 | |
Sections 66 to 69 | 1st May 2017 | |
Section 70 | 20th November 2014 | |
Sections 71 to 76 | 1st May 2017 | |
Section 77 (partially) | 20th November 2014 | |
Section 77 (remainder) | 1st May 2017 | |
Sections 78 to 81 | 1st May 2017 | |
Section 82 | 20th November 2014 | |
Sections 83 and 84 | 1st May 2017 | |
Section 85(3) and (4) | 20th November 2014 | |
Section 85 (remainder) | 1st April 2015 | |
Section 86(1) (partially) | 13th November 2014 | |
Section 86(2) (partially) | 13th November 2014 | |
Section 86 (remainder) | 16th December 2014 | |
Sections 87 and 88 | 1st April 2015 | |
Section 89 | 13th July 2015 | |
Sections 90 to 92 | 1st April 2015 | |
Sections 94 to 96 | 20th November 2014 | |
Section 97 (partially) | 20th November 2014 | |
Section 97 (remainder) | 31st August 2015 | |
Section 98 | 20th November 2014 | |
Section 103 (partially) | 20th November 2014 | |
Section 103 (partially) | 1st August 2016 | |
Schedule 2 (partially) | 20th November 2014 | |
Schedule 2 (partially) | 1st August 2016 |