2018 No. 153 (C. 14)
The Housing (Scotland) Act 2014 (Commencement No. 8, Savings, Transitional and Supplemental Provisions) Order 2018
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(1) and 104(3) and (5) 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. 8, Savings, Transitional and Supplemental Provisions) Order 2018 and comes into force on 24th June 2018.
2
In this Order—
“the Act” means the Housing (Scotland) Act 2014; and
“the 2001 Act” means the Housing (Scotland) Act 20012.
Appointed days2
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 specified in column 3 of the table in the schedule.
Saving provision: sections 7(4)(b), 9(1) and (2), 10 and 11(d) of the Act3
Despite the commencement of the following provisions of the Act, the amendments made by those provisions have no effect in relation to a short Scottish secure tenancy where a notice under section 34(4) (short Scottish secure tenancies) of the 2001 Act in relation to that tenancy is served prior to 1st May 2019:—
a
section 7(4)(b) (grounds for granting short Scottish secure tenancy);
b
section 9(1) and (2) (short Scottish secure tenancy: term);
c
section 10 (short Scottish secure tenancy: extension of term); and
d
section 11(d) (short Scottish secure tenancy: recovery of possession).
Saving provision: section 11(a) and (b) of the Act4
Despite the commencement of section 11(a) and (b) (short Scottish secure tenancy: recovery of possession) of the Act, the amendments made by those provisions have no effect in relation to proceedings raised under section 36(1) (recovery of possession) of the 2001 Act which rely on a notice under section 36(2)(a) (recovery of possession) of the 2001 Act served prior to 1st May 2019.
Saving provision: section 11(e) and (f), section 14(2)(a) and section 15 of the Act5
Despite the commencement of the following provisions of the Act, the amendments made by those provisions have no effect in relation to proceedings raised under section 14(1) of the 2001 Act (proceedings for possession) which rely on a notice under section 14(2)(a) of the 2001 Act served prior to 1st May 2019:—
a
section 11(e) and (f) (short Scottish secure tenancy: recovery of possession);
b
section 14(2)(a) (powers of court in possession proceedings); and
c
section 15 (recovery of possession of properties designed for special needs).
Transitional provisions
6
For the purposes of section 11(6A) (Scottish secure tenancy) of the 2001 Act3, a notification given prior to 1st November 2019 by—
a
a person falling within section 11(6) of the 2001 Act4 at the time the notice was given; or
b
any other person who was the tenant of the house in question when the notice was given,
that the house in question is, or is intended to be, the person’s only or principal home shall be deemed to be a notification for the purposes of section 11(6B) of the 2001 Act.
7
1
For the purposes of section 32(1)(b) (assignation, subletting etc. of Scottish secure tenancy) of the 2001 Act5, a notification given prior to 1st November 2019 by—
a
the assignee; or
b
any other person who was the tenant of the house in question when the notice was given,
that the house in question was the person’s only or principal home shall be deemed to be a notification for the purposes of section 32(1A) of the 2001 Act6.
2
For the purposes of section 32(1)(c) of the 2001 Act7, a notification given prior to 1st November 2019 by—
a
the tenant; or
b
any other person who was the tenant of the house in question when the notice was given,
that the house in question was the tenant’s only or principal home shall be deemed to be a notification for the purposes of section 32(1B) of the 2001 Act8.
8
For the purposes of paragraph 2, 3 or 4 of schedule 3 (succession to Scottish secure tenancy) of the 2001 Act9, a notification given prior to 1st November 2019 by—
a
a person referred to in paragraph 2(1)(a)(ii), 3 or 4 of schedule 3 of the 2001 Act; or
b
any other person who was the tenant of the house in question when the notice was given,
that the house in question is the person’s only or principal home shall be deemed to be a notification for the purposes of paragraph 4A of schedule 3 of the 2001 Act10.
Supplemental provision9
Prior to 1st November 2018, a landlord under a Scottish secure tenancy or a short Scottish secure tenancy must notify the tenant in writing of the changes to their tenancy agreement which will arise from the commencement of Part 2 of the Act.
SCHEDULE
Column 1 Provisions of the Act | Column 2 Subject-matter | Column 3 Appointed day |
|---|---|---|
Section 99 | Repeal of defective designation provisions | 30th July 2018 |
Section 3 | Reasonable preference in allocation of social housing | 1st May 2019 |
Section 4 (insofar as not already in force) | Rules on priority of allocation of housing: consultation | 1st May 2019 |
Section 5 | Factors which may be considered in allocation: ownership of property | 1st May 2019 |
Section 6 (insofar as not already in force) | Determination of minimum period for application to remain in force | 1st May 2019 |
Section 7 (insofar as not already in force) | Creation of short Scottish secure tenancy: antisocial behaviour | 1st May 2019 |
Section 8 | Grant of short Scottish secure tenancy: homeowners | 1st May 2019 |
Section 9 | Short Scottish secure tenancy: term | 1st May 2019 |
Section 10 | Short Scottish secure tenancy: extension of term | 1st May 2019 |
Section 11 | Short Scottish secure tenancy: recovery of possession | 1st May 2019 |
Section 14 (insofar as not already in force) | Grounds for eviction: antisocial behaviour | 1st May 2019 |
Section 15 | Recovery of possession of properties designed for special needs | 1st May 2019 |
Section 12 | Assignation, sublet and joint tenancy of Scottish secure tenancy | 1st November 2019 |
Section 13 | Succession to Scottish secure tenancy | 1st November 2019 |
(This note is not part of the Order)
(This note is not part of the Order)
The provisions of the Housing (Scotland) Act 2014 (“the Act”) 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 16(1) and (2) | 1st December 2017 | |
Section 16(3) (partially) | 1st December 2017 | |
Section 17 | 1st December 2017 | |
Section 18 | 1st December 2017 | |
Section 19 | 1st December 2017 | |
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 1 (partially) | 1st December 2017 | |
Schedule 2 (partially) | 20th November 2014 | |
Schedule 2 (partially) | 1st August 2016 |