2022 No. 163

Housing
Local Government

The Private Landlord Registration (Modification) (Scotland) Order 2022

Made

Coming into force

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 83(7) and 141(2) of the Antisocial Behaviour etc. (Scotland) Act 20041 and all other powers enabling them to do so.

In accordance with section 141(4) of that Act2, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement1

This Order may be cited as the Private Landlord Registration (Modification) (Scotland) Order 2022 and comes into force on the day after the day on which it is made.

Modification of the Antisocial Behaviour etc. (Scotland) Act 20042

Section 83(6) of the Antisocial Behaviour etc. (Scotland) Act 2004 (application for registration) is modified as follows—

a

the word “or” immediately after paragraph (m) is repealed,

b

after paragraph (n) insert—

; or

o

the house is being used, under an occupancy arrangement, by a person who has permission to enter into or to stay in the United Kingdom granted under the immigration rules laid down under section 3(2) of the Immigration Act 19713 in relation to the Homes for Ukraine Sponsorship Scheme4.

SHONA ROBISONA member of the Scottish GovernmentSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Order)

This Order modifies section 83(6) of the Antisocial Behaviour etc. (Scotland) Act 2004 (“the Act”) under powers provided in sections 83(7) and 141(2) of the Act to restrict the application of the landlord register in certain specified circumstances.

Section 83(6) lists circumstances where the use of a house as a dwelling is to be disregarded for the purposes of landlord registration. This Order adds a further set of circumstances where the use of a house as a dwelling is to be disregarded for the purposes of landlord registration.

Article 2 of the Order modifies section 83(6) to provide that the use of a house under an occupancy arrangement (not a lease) by a person who has permission to enter or stay in the United Kingdom granted under the Homes for Ukraine Sponsorship Scheme route in the immigration rules, does not constitute the use of a dwelling for the purposes of landlord registration.