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The Domestic Abuse (Protection) (Scotland) Act 2021 (Commencement No. 1) Regulations 2025
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Scottish Statutory Instruments
2025 No. 400 (C. 33)
Landlord And Tenant
The Domestic Abuse (Protection) (Scotland) Act 2021 (Commencement No. 1) Regulations 2025
Made
16th December 2025
Laid before the Scottish Parliament
18th December 2025
Coming into force
1st August 2026
The Scottish Ministers make the following Regulations in exercise of the power conferred by section 24(2) of the Domestic Abuse (Protection) (Scotland) Act 2021(1).
Citation and commencement
1. These Regulations may be cited as the Domestic Abuse (Protection) (Scotland) Act 2021 (Commencement No. 1) Regulations 2025 and come into force on 1 August 2026.
Appointed day
2. 1 August 2026 is the day appointed for the coming into force of the following provisions of the Domestic Abuse (Protection) (Scotland) Act 2021—
(a)sections 2 and 3 for the purposes of Part 2,
(b)section 22.
MAIRI MCALLAN
A member of the Scottish Government
St Andrew’s House,
Edinburgh
16th December 2025
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations bring into force, on 1 August 2026, sections 2, 3 and 22 of the Domestic Abuse (Protection) (Scotland) Act 2021 (“the Act”). Sections 2 and 3 are commenced for the purposes of Part 2 of the Act. Section 2 of the Act provides a meaning of “abusive behaviour” for the purposes of Part 1 of the Act, and section 3 provides additional clarification as to what behaviour constitutes “abusive behaviour”. The description in section 3 is non-exhaustive.
Section 22 of the Act amends sections 14 and 16 and schedule 2 of the Housing (Scotland) Act 2001 (asp 10, “the 2001 Act”). Section 22(4) inserts paragraph 15A into schedule 2 of the 2001 Act, creating a new ground on which the landlord under a Scottish secure tenancy may raise court proceedings under section 14 of the 2001 Act. The definitions in sections 2 and 3 of the Act are cross-referenced in the new paragraph 15A.
On this new ground, the landlord may raise proceedings either: for recovery of possession of the house (in the case of a sole tenant), or for termination of the tenant’s interest in the tenancy (in the case of a joint tenant).
(1)
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