Housing (Scotland) Act 2025

(122A) A tenancy deposit held under an approved scheme is to be determined by the scheme administrator to be an unclaimed deposit if the scheme administrator is satisfied that no relevant application was made, within the 5-year period, for the tenancy deposit to be repaid. (122B) (1) The Scottish Ministers may direct the scheme administrator of an approved scheme to transfer to them, or to a fund administrator, any unclaimed deposits that are held on a particular day (“the accounting day”) under the approved scheme. (2) The direction— (a) must be in writing, (b) may specify the manner in which any such unclaimed deposits are to be transferred. (3) The scheme administrator must comply with any such direction within a period of 30 days beginning with the accounting day. (122C) (1) Unclaimed deposits that are transferred to the Scottish Ministers or to a fund administrator (in either case, “the recipient”) may be used by the recipient for the purposes of— (a) providing or securing the provision of— (i) advice, information or assistance to private tenants (or potential new tenants) about their rights, (ii) other services or facilities that promote or support their interests, (b) preventing private tenants from becoming homeless, or (c) paying or recovering administrative costs that are reasonably incurred by the recipient in the exercise of functions under this section or section 122D (but see subsection (3)). (2) Where any such unclaimed deposit is to be used for a purpose mentioned in subsection (1)(a) or (b) it may, in particular, be provided by way of a grant, loan or otherwise and on such conditions as the recipient considers appropriate. (3) Where any such unclaimed deposit is to be used for a purpose mentioned in subsection (1)(c), a fund administrator may do so only with the consent of the Scottish Ministers and in accordance with any conditions they specify. (4) In subsection (1)— (a) a reference to private tenants is a reference to any tenant under— (i) a private residential tenancy under the 2016 Act, (ii) a student residential tenancy, (iii) an assured tenancy under the Housing (Scotland) Act 1988, (iv) a protected tenancy under the Rent (Scotland) Act 1984, or (v) a Part VII contract under that Act, (b) a reference to potential new tenants is a reference to any person who may become a tenant under— (i) a private residential tenancy under the 2016 Act, or (ii) a student residential tenancy. (5) In this section— - “the 2016 Act” means the Private Housing (Tenancies) (Scotland) Act 2016, - “student” has the same meaning as in paragraph 5 of schedule 1 of the 2016 Act, - “student residential tenancy” means a tenancy— the purpose of which is to confer on the tenant the right to occupy the let property while the tenant is a student, and to which paragraph 5(2) or (3) of schedule 1 (tenancies which cannot be private residential tenancies: student lets) of the 2016 Act applies. (122D) (1) The Scottish Ministers must prepare a report on the use of any unclaimed deposits that are transferred to them or to a fund administrator. (2) The Scottish Ministers must— (a) publish the report within a period of 3 years beginning with— (i) where the deposits to which the transfer request relates are transferred on a single day, that day, or (ii) where such deposits are transferred over a period of two or more days, the first of those days, and (b) lay a copy of it before the Scottish Parliament as soon as reasonably practicable after publication. (3) For the purpose of preparing a report under subsection (1), the Scottish Ministers may direct a fund administrator to give them a report on the use of any unclaimed deposits that are transferred to the fund administrator. (4) A report to be given by a fund administrator under subsection (3) must— (a) be given to the Scottish Ministers as soon as reasonably practicable after the direction is received, and (b) contain such information as the Scottish Ministers may specify in the direction. (122E) (1) Subsection (2) applies where— (a) a tenancy deposit was paid by an occupant as security under or in connection with a tenancy or an occupancy arrangement, and (b) the tenancy deposit was an unclaimed deposit that was transferred to the Scottish Ministers or a fund administrator. (2) Where this subsection applies, the Scottish Ministers may, on the application of the former occupant, repay all or part of the former tenancy deposit (“the amount”) to the former occupant if they are satisfied that— (a) the former occupant has a reasonable excuse for not having made a relevant application, within the 5-year period, for the amount to be repaid, and (b) if the former occupant had made such an application immediately before the end of the 5-year period, the scheme administrator would have been required to repay the amount to the former occupant.

• (4) After section 123 insert—

(123A) In this Part— - “fund administrator” means a person, other than the Scottish Ministers, to whom unclaimed deposits are transferred, - “scheme administrator”, in relation to an approved scheme, means the person who administers the scheme, - “transferred” means transferred in compliance with a request under section 122B(1), - “unclaimed deposit” means a tenancy deposit that is determined to be an unclaimed deposit in accordance with section 122A.

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Registration of letting agents etc.

Applications for registration

38

• (1) The Housing (Scotland) Act 2014 is modified as follows.

• (2) In section 30(2) (application for registration)—

• (a) in paragraph (d)—

• (i) the words from “the individual” to the end of the paragraph become sub-paragraph (i),

• (ii) after that sub-paragraph insert

, and (ii) any other person who owns 25% or more of the relevant partnership, company or body,

,

• (b) in paragraph (e)—

• (i) sub-paragraph (i), and the word “or” immediately following it, are repealed,

• (ii) in sub-paragraph (ii), the word “otherwise” is repealed.

• (3) In section 32 (decision on application), after subsection (6) insert—

(6A) The Scottish Ministers must give further notice under subsection (6) if they are considering refusing the application for reasons that differ from or supplement those previously notified.

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Duty to inform: change of circumstances

39

• (1) The Housing (Scotland) Act 2014 is modified as follows.

• (2) In section 37 (duty to inform: change of circumstances)—

• (a) in subsection (1), for the words from “information” to “this section,” substitute “relevant information”,

• (b) after subsection (5) insert—

(6) In subsection (1), “relevant information” means— (a) information provided by a registered letting agent under section 30(2)(a) to (e) or, as the case may be, this section, (b) such of the information provided by virtue of section 30(2)(f) as the Scottish Ministers may by regulations prescribe, (c) information provided by a registered letting agent in accordance with a notice served under section 52(1).

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Revocation of registration: where agent no longer exists

40

• (1) The Housing (Scotland) Act 2014 is modified as follows.

• (2) In section 39 (revocation of registration)—

• (a) in subsection (1)—

• (i) the word “or” immediately following paragraph (b) is repealed,

• (ii) after paragraph (c) insert

, or (d) the agent no longer exists.

,

• (b) in subsection (2), in the opening words—

• (i) for “this section” substitute “subsection (1)(a), (b) or (c)”,

• (ii) after “must” insert “(if possible)”,

• (c) after subsection (2) insert—

(2A) The Scottish Ministers must give further notice under subsection (2) if they are considering removing the agent from the register for reasons that differ from or supplement those previously notified.

,

• (d) in subsection (4), in the opening words—

• (i) after “must” insert “(if possible)”,

• (ii) after “decision” insert “under subsection (1)(a), (b) or (c)”.

Removal from register on application: notification of agent

41

• (1) The Housing (Scotland) Act 2014 is modified as follows.

• (2) In section 40 (removal from register on application), in subsection (4), after “must” insert “(if possible)”.

Note on register where entry refused or removed: duration

42

• (1) The Housing (Scotland) Act 2014 is modified as follows.

• (2) In section 42 (note on register where refusal or removal), in subsection (4)(a), for “12 months” substitute “3 years”.

Power to obtain information and carry out inspections

43

• (1) The Housing (Scotland) Act 2014 is modified as follows.

• (2) In section 52 (power to obtain information), for subsection (3) substitute—

(3) Any requirement for a person to provide information in accordance with a notice under subsection (1) does not have effect to the extent that the person would be entitled to refuse to provide the information in, or for the purposes of, proceedings in a court in Scotland.

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• (3) In section 53 (power to carry out inspections), for subsection (3) substitute—

(3) Any requirement for a person to give information in accordance with subsection (2)(d)(i) does not have effect to the extent that the person would be entitled to refuse to give the information in, or for the purposes of, proceedings in a court in Scotland.

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Ending joint tenancies

Private residential tenancies: ending a joint tenancy

44

• (1) The 2016 Act is modified as follows.

• (2) In section 48 (tenant’s ability to bring tenancy to an end)—

• (a) in subsection (1), after “section 49” insert “(but see also section 48A)”,

• (b) in subsection (3), for the words from “if” to the end of the subsection substitute “where subsection (3A) or (3B) applies.”,

• (c) after subsection (3) insert—

(3A) This subsection applies where— (a) before the day mentioned in subsection (2), a request to continue the tenancy after that day is made to the landlord by— (i) in the case of a joint tenancy, all of the joint tenants, (ii) in any other case, the tenant, and (b) the landlord agrees to the request. (3B) This subsection applies where— (a) the person who gave the notice under subsection (1) is a joint tenant, and (b) before the day mentioned in subsection (2), the interest of the joint tenant in the tenancy is assigned to another person. (3C) In this section, in a case where two or more persons jointly are the tenant under a tenancy— (a) references to the tenant or to a joint tenant are to any one of those persons, and (b) references to a joint tenancy are to such a tenancy. (3D) In the case of a joint tenancy, the reference to a tenant in subsection (1) includes a reference to all of the joint tenants acting together.

,

• (d) in subsection (4), for “subsections (1) and (3)” substitute “this section”.

• (3) After section 48 insert—

(48A) (1) Where a notice under section 48(1) is given by a joint tenant, the notice has no effect unless— (a) that tenant has given every other joint tenant and the landlord under the tenancy a pre-notice— (i) at least 2 months (the “minimum period of pre-notice”), but no more than 3 months (the “maximum period of pre-notice”), before the day on which the notice is given under section 48(1), (ii) that fulfils the requirements described in subsection (3), and (b) the notice under section 48(1) is accompanied by— (i) a statement that a pre-notice has been given to every other joint tenant in accordance with this section, and (ii) such evidence in support of the statement as may be prescribed by the Scottish Ministers in regulations, (c) within a period of 7 days beginning with the day on which the notice under section 48(1) is given to the landlord, the joint tenant— (i) has given every other joint tenant a copy of the notice, and (ii) has given the landlord— (A) a statement that a copy of the notice has been given by the joint tenant to every other joint tenant, and (B) such evidence in support of the statement as may be prescribed by the Scottish Ministers in regulations. (2) Subsection (1) does not apply in a case where the notice under section 48(1) is given by all of the joint tenants acting together. (3) A pre-notice given by a joint tenant fulfils the requirements referred to in subsection (1)(a)(ii) if it— (a) is in writing, (b) states that the joint tenant intends to bring to an end the tenancy by giving the landlord a notice under section 48(1), (c) fulfils any other requirements prescribed by the Scottish Ministers in regulations. (4) Regulations under subsection (1)(b)(ii) or (c)(ii)(B) may in particular require that the evidence— (a) includes information specified in the regulations, (b) is in a form specified in the regulations, (c) is given in a manner specified in the regulations. (5) The Scottish Ministers may by regulations modify sub-paragraph (i) of subsection (1)(a) so as to vary— (a) the minimum period of pre-notice for the time being specified in that sub-paragraph, but such period must not be less than 2 months, (b) the maximum period of pre-notice for the time being specified in that sub-paragraph. (6) The Scottish Ministers may by regulations modify paragraph (c) of subsection (1) so as to vary the period for the time being specified in that paragraph. (7) Before laying a draft of a Scottish statutory instrument containing regulations under subsection (5) or (6) before the Scottish Parliament, the Scottish Ministers— (a) must consult such persons as appear to them to represent the interests of tenants and landlords under private residential tenancies, and (b) may consult any other person they consider appropriate. (8) In this section— - “joint tenant” is to be construed in accordance with section 48(3C), - “landlord” is to be construed in accordance with section 48(4).

.

• (4) In section 49 (requirements for notice to be given by tenant)—

• (a) in subsection (2), for “agrees” substitute “and the tenant agree”,

• (b) in subsection (3), in paragraph (b)(i), after “and” insert “the”,

• (c) after subsection (4) insert—

(4A) In a case where two or more persons jointly are the tenant under a tenancy— (a) in subsection (1)(a)(ii), the reference to the tenant is to the joint tenant who gave the notice under section 48(1), (b) in subsections (2) and (3)(b)(i), the references to the tenant are to all of the joint tenants.

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Ending student tenancies

Student residential tenancies: power to enable tenant to bring tenancy to an end

45

• (1) The Scottish Ministers may by regulations make provision for or in connection with enabling a tenant under a student residential tenancy to bring to an end the tenancy in such circumstances, and subject to such requirements, as may be specified in the regulations.

• (2) Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers—

• (a) must consult such persons as appear to them to represent the interests of tenants and landlords under student residential tenancies, and

• (b) may consult any other person they consider appropriate.

• (3) In this section—

• “student” has the meaning given in paragraph 5 of schedule 1 of the 2016 Act,

• “student residential tenancy” means a tenancy— the purpose of which is to confer on the tenant the right to occupy the let property while the tenant is a student, and to which sub-paragraph (2) or (3) of paragraph 5 of schedule 1 of the 2016 Act (tenancies which cannot be private residential tenancies) applies,

• “tenancy” includes sub-tenancy,

• “tenant” includes sub-tenant.

Social landlords: qualifying repairs

Social landlords: qualifying repairs

46

• (1) The Housing (Scotland) Act 2001 is modified as follows.

• (2) In section 27 (repairs)—

• (a) in subsection (2), for “make regulations for” substitute “by regulations make provision for or in connection with”,

• (b) in subsection (3)—

• (i) for the opening words substitute “Regulations under subsection (2) may, in particular, make provision for or in connection with—”,

• (ii) after paragraph (a) insert—

(aa) the period within which an inspection of the house is to take place to determine whether a qualifying repair is required, (ab) the period within which a qualifying repair is to be commenced,

,

• (iii) the word “and” immediately following paragraph (b) is repealed,

• (iv) after paragraph (c) insert—

(d) compensation payable in relation to a failure to comply with a requirement imposed by the regulations, (e) any review or appeal in relation to a failure to comply with a requirement imposed by the regulations.

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Tolerable standard: damp

Tolerable standard: damp

47

• (1) The Housing (Scotland) Act 1987 is modified as follows.

• (2) In section 86 (definition of house meeting tolerable standard), after subsection (1C) insert—

(1D) Any such guidance issued by the Scottish Ministers may further specify the circumstances in which a house is to be considered to be substantially free from rising or penetrating damp under subsection (1)(b).

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Succession to tenancies: qualifying periods

Private residential tenancies: succession

48

• (1) The 2016 Act is modified as follows.

• (2) In section 67 (partner’s entitlement to inherit), in subsection (3), for “12” substitute “6”.

• (3) In section 68 (other family member’s entitlement to inherit), in subsection (2)(b)(ii), for “12” substitute “6”.

• (4) In section 69 (carer’s entitlement to inherit), in subsection (2)(b)(ii), for “12” substitute “6”.

Scottish secure tenancies: succession

49

• (1) The Housing (Scotland) Act 2001 is modified as follows.

• (2) In schedule 3 (succession to Scottish secure tenancy: qualified persons)—

• (a) in paragraph 2(2), for “12” substitute “6”,

• (b) in paragraph 3, for “12” substitute “6”,

• (c) in paragraph 4(b), for “12” substitute “6”,

• (d) in paragraph 11(3)(a), for “3” substitute “6”.

Delivery of notices etc.

Social landlords: delivery of notices etc.

50

• (1) The Housing (Scotland) Act 2001 is modified as follows.

• (2) In section 40 (notices)—

• (a) in subsection (1)(c), for the words from “by recorded” to the end of the paragraph substitute “to that person’s proper address by means of a postal service which provides for the delivery of the notice or other document to be recorded.”,

• (b) after subsection (1) insert—

(1A) For the purpose of subsection (1)(c), the delivery of a notice or other document may be recorded in any way that evidences that it was delivered to the person’s proper address (including in a way that evidences this without the need for the person to confirm the delivery).

,

• (c) after subsection (2) insert—

(3) A notice to be given by a landlord to a tenant under section 25(1) may also be given by sending it, where subsection (4) applies, to the tenant using electronic communications. (4) This subsection applies where, before the notice is given, the landlord and the tenant agree in writing that the notice may be given to the tenant by transmitting it to an electronic address and in an electronic form specified by the tenant for the purpose.

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Converting older tenancies

Assured tenancies: power to convert

51

• (1) The 2016 Act is modified as follows.

• (2) In schedule 5 (transition from regimes under earlier enactments), after paragraph 5 insert—

(6) (1) The Scottish Ministers may by regulations appoint a day on which a relevant assured tenancy— (a) ceases to be an assured tenancy, and (b) becomes a private residential tenancy. (2) Any day appointed by regulations under sub-paragraph (1) must be at least 12 months after the day on which the regulations come into force. (3) Where by virtue of regulations under sub-paragraph (1) a tenancy becomes a private residential tenancy, the terms of the tenancy as they were immediately before the conversion are unchanged so far as they are consistent with the provisions under this Act. (4) Before laying a draft of a Scottish statutory instrument containing regulations under sub-paragraph (1) before the Scottish Parliament, the Scottish Ministers— (a) must consult persons who appear to them to represent the interests of tenants and landlords under assured tenancies, and (b) may consult any other person they consider appropriate. (5) In sub-paragraph (1), a “relevant assured tenancy” means a tenancy— (a) that is an assured tenancy under the Housing (Scotland) Act 1988, and (b) which, if it were not an assured tenancy, can for the time being be a private residential tenancy.

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Part 5 — Homelessness prevention

Duties of relevant bodies

Duties of relevant bodies in relation to homelessness

52

• (1) The Housing (Scotland) Act 1987 is modified as follows.

• (2) In section 24 (homeless persons and persons threatened with homelessness)—

• (a) in subsection (2B), for “he has applied” substitute “an application has been made by or in respect of the person”,

• (b) in subsection (4), for “2” substitute “6”.

• (3) In section 26 (becoming homeless intentionally)—

• (a) subsection (2) is repealed,

• (b) in subsection (3), for the words “purposes of subsection (1) or (2)” substitute “purpose of subsection (1)”,

• (c) in subsection (4), for “subsections (1) and (2)” substitute “subsection (1)”.

• (4) In section 28 (inquiry into cases of possible homelessness or threatened homelessness)—

• (a) in subsection (1)—

• (i) after “If” insert “an application is made to a local authority by or in respect of”,

• (ii) the words “applies to a local authority” are repealed,

• (b) after subsection (1) insert—

(1A) An application under subsection (1) may be made in respect of a person (as opposed to by a person) only by a relevant body in accordance with section 36B or 36C.

,

• (c) in subsection (2)—

• (i) in the opening words, for “so satisfied” substitute “satisfied that an applicant is homeless”,

• (ii) in paragraph (b), the words “or threatened with homelessness” are repealed.

• (5) In section 30 (notification of decision and reasons)—

• (a) in subsection (3), in paragraph (a), the words “or threatened with homelessness” are repealed,

• (b) in subsection (4), in paragraph (b), the words “or threatened with homelessness” are repealed.

• (6) In section 32 (duties to persons found to be threatened with homelessness)—

• (a) in subsection (2)—

• (i) for the words from “Where” to “shall” substitute “The local authority must”,

• (ii) for the words from “secure” to the end of the subsection substitute

— (a) remove or, where this is not possible, minimise the threat of homelessness to the applicant, and (b) secure that accommodation is available for occupation by the applicant.

,

• (b) after subsection (2) insert—

(2ZA) For the purpose of subsection (2)(b), the local authority must take reasonable steps— (a) to secure that the accommodation occupied by the applicant when the application is made continues to be available for occupation by the applicant, and (b) only if that accommodation will not continue to be available for occupation by the applicant, to secure that other accommodation is available for occupation by the applicant.

,

• (c) after subsection (2B) insert—

(2C) The local authority must give the applicant advice and assistance of such type as may be prescribed where the local authority considers it appropriate for the purposes of— (a) removing or minimising the threat of homelessness in relation to the applicant, or (b) securing that accommodation continues to be, or is otherwise, available for occupation by the applicant.

,

• (d) subsection (3) is repealed,

• (e) in subsection (5A)—

• (i) the words “falling within subsection (2)” are repealed,

• (ii) for “subsections (1) and (2)” substitute “subsection (1)”,

• (f) in subsection (6), for “subsection (3)” substitute “subsection (2C)”.

• (7) In section 33 (referral of application to another local authority)—

• (a) in subsection (1), at the end insert “(but see subsection (7))”,

• (b) after subsection (6) insert—

(7) Where the application mentioned in paragraph (b) of subsection (1) was made by a relevant body, subsection (1) does not apply to the extent that it would otherwise enable a local authority in Scotland, on receiving the application, to notify a local authority in England or Wales in accordance with that subsection.

.

• (8) In section 35A (right to request review of decision)—

• (a) in subsection (2), after paragraph (e) insert—

(f) any decision as to the requirement to take the step mentioned in section 36B(2), (g) any decision as to the requirement to take the steps mentioned in section 36C(2).

,

• (b) after subsection (2) insert—

(2B) The reference in subsection (2)(a) to any decision under section 32 includes in particular— (a) any decision as to the steps required under subsection (2) of that section, (b) any decision as to the advice or assistance required under subsection (2C) of that section.

.

• (9) After section 36 insert—

(36A) (1) If a relevant body, when assessing the needs of a person in the exercise of its functions, has reason to believe that the person may be homeless or threatened with homelessness, the body must ask the person— (a) whether the person is homeless or threatened with homelessness, (b) whether the person is aware of any application under section 28(1) having been made by or in respect of the person and, if so, to give the name of the local authority to whom the application was made, and (c) whether the person consents to the relevant body making such an application if the relevant body were to be satisfied that it is appropriate. (2) Another person may, with the consent of the person referred to in subsection (1), answer any such question. (36B) (1) If the relevant body— (a) is informed that the person referred to in section 36A(1) is homeless, or (b) has any other reason to believe that the person may be homeless, the body must take the step mentioned in subsection (2). (2) The step is to make an application under section 28(1) to the appropriate local authority in respect of the person but only if the relevant body is satisfied that— (a) it is appropriate to make the application taking account of the person’s circumstances, and (b) it has the consent of the person to make the application. (3) The duty to make an application mentioned in subsection (1) does not apply if the relevant body is satisfied that— (a) an application under section 28(1) has already been made to the appropriate local authority by or in respect of the person, and (b) the application is under consideration by the authority. (36C) (1) If the relevant body— (a) is informed that the person referred to in section 36A(1) is threatened with homelessness, or (b) has any other reason to believe that the person may be threatened with homelessness, the body must take the steps mentioned in subsection (2). (2) The steps are— (a) to take such action as the relevant body considers appropriate, in the exercise of its functions, to— (i) remove the threat of homelessness to the person, or (ii) where this is not possible, minimise that threat, (b) to make an application under section 28(1) to the appropriate local authority in respect of the person but only if the relevant body is satisfied that— (i) it is unable to take action under paragraph (a) to remove the threat of homelessness, (ii) it is appropriate to make the application taking account of the person’s circumstances, and (iii) it has the consent of the person to make the application, and (c) to take such other action as the Scottish Ministers may by regulations specify. (3) In relation to the taking of action under subsection (2)(a), the relevant body must— (a) before taking the action, consult such other relevant bodies as it considers appropriate taking account of the person’s circumstances, and (b) cooperate with those other relevant bodies in taking the action. (4) For the purpose of subsection (2)(a), the reference to action does not include the making of an application under section 28(1). (5) The duty to take the step mentioned in subsection (2)(b) does not apply if the relevant body is satisfied that— (a) an application under section 28(1) has been made to the appropriate local authority by or in respect of the person, and (b) the application is under consideration by the authority. (6) Regulations under subsection (2)(c) may include provision specifying— (a) the process that must be followed in connection with assessing the action required under subsection (2)(a), (b) matters that must be taken into account when carrying out the assessment, (c) information that must be given to the person following the assessment. (7) Regulations under subsection (2)(c) may— (a) make different provision for different purposes, (b) make incidental, supplementary, consequential, transitional, transitory or saving provision. (8) Regulations under subsection (2)(c) are subject to the affirmative procedure. (9) Before laying a draft of a Scottish statutory instrument containing regulations under subsection (2)(c), the Scottish Ministers— (a) must consult every other relevant body, and (b) may consult any other person they consider appropriate. (10) The requirement to consult under subsection (9) may be met by consultation carried out before that subsection takes effect. (36D) A relevant body may share information with any other relevant body for the purpose of or in connection with the exercise of its functions, or the functions of the other relevant body, under section 36B or 36C. (36E) A relevant body must, in the exercise of its functions, have regard to— (a) the need to prevent homelessness, (b) any guidance issued by the Scottish Ministers in connection with homelessness that is relevant to the exercise of its functions.

.

• (10) In section 40 (false statements etc.), in subsection (1)(c), the words “or threatened with homelessness” are repealed.

• (11) After section 40 insert—

(40A) (1) The Scottish Ministers may by regulations modify section 24 to change the meaning for the purposes of this Part of a person who is— (a) homeless, or (b) threatened with homelessness. (2) Regulations under subsection (1) may— (a) make different provision for different purposes, (b) make incidental, supplementary, consequential, transitional, transitory or saving provision, (c) modify any enactment (including this Act) in making any provision mentioned in paragraph (b). (3) Regulations under subsection (1) are subject to the affirmative procedure. (4) Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1), the Scottish Ministers— (a) must consult every other relevant body, and (b) may consult any other person they consider appropriate. (5) The requirement to consult under subsection (4) may be met by consultation carried out before that subsection takes effect.

.

• (12) In section 43 (minor definitions)—

• (a) after the definition of “application (for housing accommodation)” insert—

• “appropriate local authority”, in relation to the duty of a relevant body under section 36B(1) or 36C(1) in respect of a person, means the local authority for the district in which the person is present at the time that the relevant body asks the person the questions required under section 36A(1);

,

• (b) in the definition of “homeless intentionally or threatened with homelessness intentionally”, the words “or threatened with homelessness intentionally” are repealed,

• (c) after the definition of “relevant authority” insert—

• “relevant body” means— a Health Board constituted by order under section 2(1)(a) of the National Health Service (Scotland) Act 1978, an integration joint board established by order under section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014, a local authority, the Police Service of Scotland, a registered social landlord (within the meaning of section 165 of the Housing (Scotland) Act 2010), the Scottish Ministers in so far as they have functions (including any that are delegated to another person) relating to— prisons and young offenders institutions (as construed in accordance with section 307(1) of the Criminal Procedure (Scotland) Act 1995), and persons detained in them, the Scottish Ministers in so far as they have functions (including any that are delegated to another person) relating to social security, a Special Health Board constituted by order under section 2(1)(b) of the National Health Service (Scotland) Act 1978;

.

• (13) After section 43 insert—

(43A) (1) The Scottish Ministers may by regulations modify the meaning of “relevant body” in section 43 to add or remove a person or a description of a person. (2) Regulations under subsection (1) may make— (a) different provision for different purposes, (b) incidental, transitional, transitory or saving provision. (3) Where the Scottish Ministers propose to make regulations under subsection (1) to add a person or a description of a person, before laying a draft of a Scottish statutory instrument containing the regulations before the Scottish Parliament, they must consult— (a) where a person is proposed to be added, that person or a person who appears to the Scottish Ministers to represent the interests of that person, (b) where a description of a person is proposed to be added, a person who appears to the Scottish Ministers to represent the interests of a person of that description. (4) Regulations under subsection (1) are subject to the affirmative procedure.

.

Homeless persons: intentionality

Power to modify provision about a person becoming homeless intentionally

53

• (1) The Housing (Scotland) Act 1987 is modified as follows.

• (2) After section 40A (meaning of homelessness and threatened with homelessness) (inserted by section 52(11)) insert—

(40B) (1) The Scottish Ministers may by regulations modify for the purposes of this Part— (a) the meaning in section 26 of a person becoming homeless intentionally, (b) the power of a local authority under section 28(2)(b) to make further inquiries about whether a person became homeless intentionally, (c) any other provision of this Part that relates to a local authority’s determination as to whether or not a person became homeless intentionally. (2) Regulations under subsection (1) may— (a) make different provision for different purposes, (b) make incidental, supplementary, consequential, transitional, transitory or saving provision, (c) modify any enactment (including this Act). (3) Regulations under subsection (1) are subject to the affirmative procedure. (4) Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1), the Scottish Ministers— (a) must consult local authorities, (b) may consult any other person they consider appropriate. (5) The requirement to consult under subsection (4) may be met by consultation carried out before that subsection takes effect.

.

Assessment of housing support services

Assessment of housing support services

54

• (1) The Housing (Scotland) Act 2001 is modified as follows.

• (2) In section 89 (local housing strategies), after subsection (2)(d) (and before the “and” which immediately follows it) insert—

(da) the needs of persons in the area for, and the availability of— (i) services that must be provided in accordance with section 32B(4) of the 1987 Act, and (ii) other housing support services (as defined by section 91(8)),

.

Tenants affected by domestic abuse

Local authorities etc.: consideration of domestic abuse

55

• (1) The Housing (Scotland) Act 1987 is modified as follows.

• (2) In section 20 (persons to have priority on housing list and allocation of housing)—

• (a) in subsection (2)(aa)(vi), for “domestic abuse (within the meaning of section 33(3))” substitute “abuse”,

• (b) in subsection (2C)—

• (i) in paragraph (b), the words from “(within” to the end of that paragraph are repealed,

• (ii) paragraph (c) is repealed,

• (c) after subsection (4) insert—

(4A) In subsections (2)(aa)(vi) and (2C)(b), “abuse” is to be construed in accordance with the meaning given by section 43.

.

• (3) In section 24 (homeless persons and persons threatened with homelessness), in subsection (3)—

• (a) in paragraph (b), the words from “(within” to the end of that paragraph are repealed,

• (b) paragraph (bb), and the word “or” immediately following that paragraph, are repealed.

• (4) In section 33 (referral of application to another local authority)—

• (a) in subsection (2)(c)—

• (i) for “of domestic abuse” substitute “that occupation of accommodation”,

• (ii) after “district” insert “will lead to abuse”,

• (b) subsection (3) is repealed.

• (5) In section 43 (minor definitions), after the opening words insert—

• “abuse” includes— violence, harassment, threatening conduct, and any other conduct giving rise, or likely to give rise, to physical or mental injury, fear, alarm or distress, and in a case where abuse of a person is from a partner or ex-partner, abusive behaviour by the partner or ex-partner within the meaning of section 2 of the Domestic Abuse (Protection) (Scotland) Act 2021 (as read with sections 1 and 3 of that Act);

.

Social landlords: pre-action requirement where domestic abuse is a factor in rent arrears

56

• (1) The Housing (Scotland) Act 2001 is modified as follows.

• (2) In section 14A (pre-action requirements where grounds for possession include rent arrears)—

• (a) after subsection (6) insert—

(6A) Where the landlord considers that the tenant has experienced or is experiencing domestic abuse which explains or partly explains why the rent lawfully due from the tenant has not been paid, the landlord must— (a) take such action to support the needs of the tenant arising in connection with the rent arrears as the landlord considers reasonable having regard to its domestic abuse policy under section 56A, and (b) provide the tenant with details of such other support that may be available to the tenant in relation to domestic abuse as the landlord considers appropriate in the circumstances.

,

• (b) in subsection (10), after “this section” insert “—

• “domestic abuse” has the meaning given by section 56A(6),

.

Social landlords: policies about supporting tenants affected by domestic abuse

57

• (1) The Housing (Scotland) Act 2001 is modified as follows.

• (2) In Part 2 (tenants of social landlords), after Chapter 3 insert—

(56A) (1) Every local authority landlord and registered social landlord must prepare and publish a policy (a “domestic abuse policy”) on how it will exercise its functions in relation to the needs of tenants who the landlord has reason to believe have experienced, are experiencing or are at risk of domestic abuse, with a view to preventing homelessness. (2) A domestic abuse policy must, in particular, include a description of the action that the landlord must take in relation to the needs of a tenant in the circumstances mentioned in section 14A(6A). (3) A landlord— (a) may revise its domestic abuse policy, and (b) if it does so, must re-publish the policy. (4) A landlord must, in exercising its functions, have regard to its domestic abuse policy. (5) A landlord must have regard to any guidance issued by the Scottish Ministers about the exercise of its functions under this section including as regards the form and content of a domestic abuse policy. (6) In subsection (1), “domestic abuse” means abusive behaviour within the meaning of section 2 of the Domestic Abuse (Protection) (Scotland) Act 2021 (as read with sections 1 and 3 of that Act).

.

Scottish Social Housing Charter: supporting tenants affected by domestic abuse

58

• (1) The Housing (Scotland) Act 2010 is amended as follows.

• (2) In section 32 (standards and outcomes)—

• (a) in subsection (1)(b), at the end insert “, including the associated support that social landlords should provide to tenants whom they have reason to believe have experienced, are experiencing or are at risk of domestic abuse,”,

• (b) after subsection (2) insert—

(3) In subsection (1)(b), “domestic abuse” means abusive behaviour within the meaning of section 2 of the Domestic Abuse (Protection) (Scotland) Act 2021 (as read with sections 1 and 3 of that Act).

.

Housing First

Annual report on Housing First

59

• (1) The Scottish Ministers must, as soon as practicable after the end of each reporting period, prepare and publish a report on the use of Housing First tenancies.

• (2) A report under subsection (1) must include—

• (a) information on action being taken to widen access to Housing First tenancies,

• (b) the number of Housing First tenancies commenced or active during the reporting period,

• (c) information on how the Homelessness Network Scotland’s “Principles of Housing First” are being implemented, and

• (d) any other information that the Scottish Ministers consider appropriate.

• (3) The report must be laid before the Scottish Parliament as soon as practicable after the end of each reporting period.

• (4) In this section, “reporting period” means—

• (a) in the case of the first report, the period of 12 months beginning with the day this section comes into force,

• (b) each successive period of 12 months.

Part 6 — Other housing matters

Mobile homes

Mobile homes: jurisdiction of the First-tier Tribunal for Scotland

60

• (1) The Mobile Homes Act 1983 is modified as follows.

• (2) In section 1 (particulars of agreements: Scotland)—

• (a) in subsection (6), in the final sentence, for “court” substitute “First-tier Tribunal for Scotland”,

• (b) in subsection (7), for “court” substitute “First-tier Tribunal for Scotland”.

• (3) In section 2 (terms of agreements)—

• (a) in subsection (2), for “court” substitute “First-tier Tribunal for Scotland”,

• (b) in subsection (3), for “court” substitute “First-tier Tribunal for Scotland”,

• (c) in subsection (4), for “court”, in both places where it occurs, substitute “First-tier Tribunal for Scotland”.

• (4) In section 2B (power to amend implied terms: Scotland), in subsection (3), for “court”, in both places where it occurs, substitute “First-tier Tribunal for Scotland”.

• (5) In section 4 (jurisdiction of the court), for “The court” substitute “In relation to Scotland, the First-tier Tribunal for Scotland”.

• (6) The title of section 4 becomes “Jurisdiction of the First-tier Tribunal for Scotland”.

• (7) In section 5 (interpretation)—

• (a) in subsection (1), in the definition of “the court”, paragraph (b) is repealed,

• (b) after subsection (4) insert—

(5) In relation to Scotland, the references in this Act to the First-tier Tribunal for Scotland are to be read as if they were references to the arbitrator in question in a case where the parties have entered into an arbitration agreement that applies to the question to be determined. (6) In subsection (5), “arbitration agreement” means an agreement in writing to submit to arbitration any question arising under this Act or any agreement to which it applies.

.

• (8) In schedule 1 (agreements under Act), in Part 1—

• (a) in paragraph 4, for “court”, in both places where it occurs, substitute “First-tier Tribunal for Scotland”,

• (b) in paragraph 5, for “court”, in both places where it occurs, substitute “First-tier Tribunal for Scotland”,

• (c) in paragraph 6—

• (i) in sub-paragraph (1) for “court”, in each place where it occurs, substitute “First-tier Tribunal for Scotland”,

• (ii) in sub-paragraph (3), for “court” substitute “First-tier Tribunal for Scotland”,

• (iii) in sub-paragraph (4), for “court”, in both places where it occurs, substitute “First-tier Tribunal for Scotland”,

• (iv) in sub-paragraph (5), for “court”, in both places where it occurs, substitute “First-tier Tribunal for Scotland”,

• (d) in paragraph 10(1), for “court” substitute “First-tier Tribunal for Scotland”,

• (e) in paragraph 16(2), for “court order” substitute “order of the First-tier Tribunal for Scotland”,

• (f) in paragraph 17(4), for “court” substitute “First-tier Tribunal for Scotland”,

• (g) in paragraph 18(2), for “court” substitute “First-tier Tribunal for Scotland”,

• (h) in paragraph 19(3), for “court” substitute “First-tier Tribunal for Scotland”,

• (i) in paragraph 20—

• (i) in sub-paragraph (1), for “court”, in each place where it occurs, substitute “First-tier Tribunal for Scotland”,

• (ii) in sub-paragraph (2), for “court” substitute “First-tier Tribunal for Scotland”,

• (iii) in sub-paragraph (3)—

• (A) in the opening words, for “court” substitute “First-tier Tribunal for Scotland”,

• (B) in paragraph (b), for “court order” substitute “order of the First-tier Tribunal for Scotland”,

• (j) in paragraph 21, in paragraph (b), for “court order” substitute “order of the First-tier Tribunal for Scotland”,

• (k) in paragraph 22(1), in paragraph (a), for “court” substitute “First-tier Tribunal for Scotland”.

New pitch fees: considerations

61

• (1) The Mobile Homes Act 1983 is modified as follows.

• (2) In section 2B (power to amend implied terms: Scotland)—

• (a) in subsection (3), after paragraph (a) insert—

(aa) make provision to substitute a different economic index for the one for the time being mentioned in paragraph 23(1)(b) of schedule 1;

,

• (b) after subsection (4) insert—

(4A) The second and any subsequent order made under this section may provide for any provision mentioned in subsection (3)(aa) that is included in the order to apply in relation to agreements to which this Act applies that were made at any time before the day on which the order comes into force (as well as in relation to such agreements made on or after that day).

.

• (3) In schedule 1 (agreements under Act)—

• (a) in paragraph 20, after sub-paragraph (3) insert—

(4) Sub-paragraph (5) applies where— (a) a notice is served under paragraph 17(1) or 19(1) setting out the owner’s proposal in respect of a new pitch fee, (b) an application is subsequently made to the First-tier Tribunal for Scotland under paragraph 17(4) or 19(3) for an order determining the amount of the new pitch fee, and (c) the First-tier Tribunal for Scotland is satisfied that a portion (“the compensatory portion”) of the new pitch fee proposed by the owner has been calculated to compensate a person for an actual or anticipated financial loss arising as a result of— (i) the change made to paragraph 23(1)(b) by section 61(3)(c) of the Housing (Scotland) Act 2025, or (ii) the substitution of any economic index for the time being mentioned in that paragraph with a different economic index. (5) Where this sub-paragraph applies, the compensatory portion of the new pitch fee proposed by the owner must not be included in the amount of any new pitch fee determined by an order of the First-tier Tribunal for Scotland under sub-paragraph (1).

,

• (b) in paragraph 22—

• (i) in sub-paragraph (1), for paragraph (c) substitute—

(c) any direct effect of a relevant enactment on the costs payable by the owner in relation to the maintenance or management of that site.

,

• (ii) after sub-paragraph (1) insert—

(1A) But no regard is to be had, when determining the amount of the new pitch fee, to any actual or anticipated financial loss arising as a result of— (a) the change made to paragraph 23(1)(b) by section 61(3)(c) of the Housing (Scotland) Act 2025, or (b) the substitution of any economic index for the time being mentioned in that paragraph with a different economic index.

,

• (iii) after sub-paragraph (3) insert—

(4) In sub-paragraph (1)(c), “relevant enactment” means an enactment, other than an order made under paragraph 8(2), that has come into force since the last review date.

,

• (c) in paragraph 23(1)(b), for “retail” substitute “consumer”,

• (d) in paragraph 32—

• (i) after the definition of “caravan site” insert—

• “consumer prices index” means— the all items consumer prices index published by the Statistics Board, or if that index is not published for a month, any substituted index or figures published by the Board;

,

• (ii) the definition of “retail prices index” is repealed.

Meaning of “protected site”

62

• (1) The Mobile Homes Act 1983 is modified as follows.

• (2) In section 5 (interpretation), in subsection (1), in the definition of “protected site”, the words from “does” to “that,” are repealed.

Decisions of the Scottish Housing Regulator: reviews and appeals

Decisions of the Scottish Housing Regulator: reviews and appeals

63

• (1) The Housing (Scotland) Act 2010 is modified as follows.

• (2) After section 67 insert—

(67A) This Part applies to a decision by the Regulator— (a) not to enter a body in the register under section 23, (b) to remove a body from the register under section 27, (c) not to remove a body from the register under section 28, (d) to issue performance improvement targets in relation to a social landlord under section 34, (e) to set financial management or governance targets in relation to a registered social landlord under section 37, (f) to arrange under section 44 for a survey of the condition of housing accommodation maintained by a social landlord, (g) to publish a report of an inquiry concerning a social landlord under section 46, (h) to require a social landlord to submit a performance improvement plan under section 55, (i) to specify a particular time by which a social landlord is required to submit such a plan, (j) to serve an enforcement notice on a social landlord under section 56, (k) to appoint a manager to manage the housing activities of a social landlord, or require a social landlord to appoint such a manager, under section 57, (l) to specify that such a manager is to manage the social landlord’s housing activities generally or particular aspects of those activities, (m) to appoint a manager to manage the financial or other affairs of a registered social landlord, or require a registered social landlord to appoint such a manager, under section 58, (n) to specify that such a manager is to manage the registered social landlord’s financial or other affairs generally or particular aspects of those affairs, (o) to remove an officer of a registered social landlord under section 60, (p) to suspend a responsible individual from a registered social landlord under section 61, (q) to remove a responsible individual from a registered social landlord under section 62, (r) to appoint an individual as an officer of a registered social landlord under section 65, (s) to make a direction under section 66 (restrictions on dealings during or following inquiries), (t) to make a direction under section 67 (transfer of assets following inquiries). (67B) (1) A person mentioned in section 67D in relation to a decision may, before the end of the period of 10 working days beginning with day on which the person is notified of the decision, request that the Regulator reviews the decision. (2) When the Regulator receives a request under subsection (1), it must— (a) review the decision, (b) confirm, vary, reverse or revoke it, and (c) give notice of its decision under paragraph (b) to the person who requested the review. (3) A notice under subsection (2)(c) must set out the Regulator’s reasons for its decision. (4) In subsection (1), “working day” means any day other than— (a) a Saturday or a Sunday, or (b) a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971. (67C) (1) A person mentioned in section 67D in relation to a decision may, before the end of the period of 28 days beginning with the day on which the person is given notice under section 67B(2)(c) in relation to the decision, appeal to the First-tier Tribunal against the decision where the decision has been confirmed (with or without variations) under section 67B(2)(b). (2) The First-tier Tribunal may determine an appeal by— (a) confirming the decision, (b) quashing the decision and directing the Regulator to take such other action, if any, as the First-tier Tribunal thinks fit by such time as may be specified in the direction, or (c) remitting the case to the Regulator for reconsideration. (3) In this section, “First-tier Tribunal” means the First-tier Tribunal for Scotland. (67D) The person who may request a review under section 67B(1) or appeal under section 67C(1) is— (a) in the case of a decision referred to in paragraph (a), (b) or (c) of section 67A, the body, (b) in the case of a decision referred to in paragraph (d) or (f) to (l) of that section, the social landlord, (c) in the case of a decision referred to in paragraph (e), (m), (n) or (r) to (t) of that section, the registered social landlord, (d) in the case of a decision referred to in paragraph (o) to (q) of that section, the individual. (67E) The Scottish Ministers may by regulations— (a) modify this Part, (b) make such further provision as they consider appropriate in relation to reviews and appeals of decisions by the Regulator.

.

• (3) In section 27 (compulsory de-registration)—

• (a) in subsection (3), for “removing” substitute “making a decision to remove”,

• (b) after subsection (3) insert—

(4) A decision to remove a body from the register is of no effect unless— (a) the period within which the body may request a review of the decision under section 67B(1) expires without the body requesting a review, or (b) where the body requests a review, the Regulator confirms the decision (with or without variations) and— (i) the period within which the body may appeal under section 67C(1) expires without the body appealing the decision, or (ii) the body appeals the decision and the appeal has been finally determined or is withdrawn.

.

• (4) Section 29 (appeal against decision on registration or removal) is repealed.

• (5) Section 64 (appeals against suspension or removal) is repealed.

• (6) In section 161 (orders)—

• (a) after subsection (4) insert—

(5) Regulations under section 67E may make different provision for different purposes. (6) Regulations under section 67E are subject to the affirmative procedure.

,

• (b) the section title becomes “Orders and regulations”.

Property factors

Registration: fit and proper person considerations

64

• (1) The Property Factors (Scotland) Act 2011 is modified as follows.

• (2) In section 5 (section 4: considerations)—

• (a) in subsection (2)(a)—

• (i) the word “or” immediately following sub-paragraph (ii) is repealed,

• (ii) after sub-paragraph (iii) insert

or (iv) firearms,

,

• (b) in subsection (2), after paragraph (a) insert—

(aa) been convicted of a sexual offence within the meaning of section 210A(10) of the Criminal Procedure (Scotland) Act 1995,

,

• (c) in subsection (2)(c), for “the law relating to tenements, property or debt” substitute

— (i) the law relating to housing, (ii) landlord and tenant law, (iii) the law relating to property (including tenements), (iv) the law relating to debt.

,

• (d) after subsection (3) insert—

(3A) Material falls within this subsection if it shows the extent to which any person mentioned in subsection (1) has— (a) failed to provide information in accordance with section 14A or 14B(2)(d)(i), (b) obstructed a person acting in the proper exercise of the person’s functions under sections 14B to 14D, (c) failed to comply with a requirement made by a person who is so acting.

,

• (e) after subsection (4) insert—

(5) The Scottish Ministers may by regulations modify this section by adding to, removing or varying any material in subsections (2) to (4). (6) Regulations under subsection (5) are subject to the affirmative procedure.

.

Revocation of registration: where property factor no longer exists

65

• (1) The Property Factors (Scotland) Act 2011 is modified as follows.

• (2) In section 8 (removal from register)—

• (a) in subsection (1), for “or (3)” substitute “, (3) or (3A)”,

• (b) after subsection (3) insert—

(3A) This subsection applies where a property factor is registered by virtue of section 4(4)(a) or (b) and the Scottish Ministers consider that the property factor no longer exists.

,

• (c) in subsection (4), after “must” insert “(if possible)”,

• (d) in subsection (6), for “or (3)” substitute “, (3) or (3A)”,

• (e) in subsection (7)—

• (i) after “must”, where it first occurs, insert “(if possible)”,

• (ii) the words “and give public notice of the date of removal” are repealed.

Removal from register following application

66

• (1) The Property Factors (Scotland) Act 2011 is modified as follows.

• (2) After section 8 insert—

(8A) (1) A registered property factor may apply to the Scottish Ministers to be removed from the register. (2) The application must be accompanied by a fee of such amount (if any) as the Scottish Ministers may determine. (3) The Scottish Ministers must remove a registered property factor from the register if, having considered an application under this section, they are satisfied that— (a) the registered property factor is no longer carrying out the activities of a property factor, and (b) it is otherwise appropriate to remove that property factor from the register. (4) The Scottish Ministers must (if possible), as soon as practicable after making their decision under this section, notify the property factor who made the application of— (a) their decision, and (b) either— (i) in the case of a decision to remove the property factor from the register, the date of removal from the register, (ii) in the case of a decision not to remove the property factor from the register, their reasons for that decision.

.

• (3) In section 9 (effect of refusal to enter in register or removal from register)—

• (a) in subsection (1)—

• (i) the word “or” immediately following paragraph (b) is repealed,

• (ii) after paragraph (c) insert

, or (d) remove a property factor from the register under section 8A(3).

,

• (b) in subsection (3)(a), for “(1)(a), (b), or as the case may be, (c)” substitute “(1)”.

Note on register where refusal or removal

67

• (1) The Property Factors (Scotland) Act 2011 is modified as follows.

• (2) After section 8A (inserted by section 66) insert—

(8B) (1) If the Scottish Ministers refuse to enter a person in the register under section 4(5), they must, after the date of final refusal, note that fact in the register. (2) If the Scottish Ministers remove a person from the register under section 8(1) they must, after the date of final refusal, note that fact in the register. (3) For the purposes of this section, the date of final refusal is the later of the date on which— (a) the period mentioned in section 11(2) expires without an appeal being made, (b) where such an appeal has been made, the appeal is finally determined or abandoned. (4) Where a fact is noted by virtue of subsection (1) or (2) it must— (a) remain on the register for the period of 3 years beginning with the date on which the Scottish Ministers are required to note it in the register, and (b) be removed from the register at the end of that period. (5) But where a person in respect of whom the Scottish Ministers note a fact by virtue of subsection (1) or (2) is subsequently entered in the register before the end of the period mentioned in subsection (4)(a), the Scottish Ministers must remove the fact from the register.

.

Property factor registered numbers: inclusion in communications

68

• (1) The Property Factors (Scotland) Act 2011 is modified as follows.

• (2) In section 13 (property factor registered numbers)—

• (a) after subsection (3)(a) insert—

(aa) any other communication in relation to the activities of the property factor, and

,

• (b) after subsection (7) insert—

(8) In this section, “communication” includes electronic communications sent to or placed on a web page on a website by or on behalf of the registered property factor.

.

Monitoring of compliance

69

• (1) The Property Factors (Scotland) Act 2011 is modified as follows.

• (2) After section 14 insert—

(14A) (1) The Scottish Ministers may, for the purpose of monitoring compliance with the provisions of this Part, serve a notice on a person who appears to be a property factor requiring the person to provide them with information specified in the notice. (2) The Scottish Ministers may by regulations make further provision about the requiring of information under subsection (1) and, in particular, may make provision about— (a) the form of the notice and the manner of service, (b) the time within which information must be provided. (3) Any requirement for a person to provide information in accordance with a notice under subsection (1) does not have effect to the extent that the person would be entitled to refuse to provide the information in, or for the purposes of, proceedings in a court in Scotland. (14B) (1) For the purpose of monitoring compliance with the provisions of this Part, an authorised person may carry out an inspection of premises which appear to be being used for the purpose of carrying out the activities of a property factor. (2) For the purposes of carrying out the inspection, the authorised person may— (a) enter and inspect the premises, (b) require the production of any book, document, data or record (in whatever form it is held) and inspect it, and take copies of or extracts from it, (c) take possession of any book, document, data or record (in whatever form it is held) which is on the premises and retain it for as long as the authorised person considers necessary, (d) require any person to— (i) give the authorised person such information as the authorised person considers necessary, (ii) afford the authorised person such facilities and assistance as the authorised person considers necessary. (3) Any requirement for a person to give information in accordance with subsection (2)(d)(i) does not have effect to the extent that the person would be entitled to refuse to give the information in, or for the purposes of, proceedings in a court in Scotland. (4) In this section— - “authorised person” means a person authorised by the Scottish Ministers, - “premises” includes any place and any vehicle, vessel, or moveable structure. (14C) (1) A sheriff may by warrant authorise a person to enter premises (if necessary using reasonable force) for the purpose of carrying out an inspection under section 14B. (2) A warrant may be granted under subsection (1) only if the sheriff is satisfied by evidence on oath— (a) that there are reasonable grounds for entering the premises in question, and (b) that— (i) entry to the premises has been or is likely to be refused and that notice of the intention to apply for a warrant under this section has been given to the occupier, (ii) a request for entry, or the giving of such notice, would defeat the object of the proposed entry, (iii) the premises are unoccupied, or (iv) the occupier is temporarily absent and it might defeat the object of the entry to await the occupier’s return. (14D) (1) A person entering any premises under section 14B(2)(a) or in accordance with a warrant granted under section 14C may take on to the premises such other persons and such equipment as the person considers necessary. (2) A right to enter any premises conferred by section 14B(2)(a) may be exercised only at a reasonable time. (3) The occupier of the premises concerned must be given at least 24 hours’ notice before a person carries out an inspection under section 14B unless the person carrying out the inspection considers that giving such notice would defeat the object of the proposed inspection. (4) A person carrying out an inspection under section 14B must, if required to do so, produce written evidence of the person’s authorisation to carry out the inspection. (5) On leaving any premises which a person is authorised to enter by a warrant granted under section 14C, the person must, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as effectively secured against trespassers as the person found them. (6) A person who takes possession of any item under section 14B(2)(c) must leave a statement on the premises from which the item was removed— (a) giving particulars of what has been taken, and (b) stating that the person has taken possession of it. (14E) (1) It is an offence for a person who has been required to provide information in accordance with section 14A or 14B(2)(d)(i)— (a) without reasonable excuse, to fail or refuse to provide the information, (b) to knowingly or recklessly make any statement in respect of that information which is false or misleading in a material particular. (2) It is an offence for a person— (a) to intentionally obstruct a person acting in the proper exercise of the person’s functions under sections 14B to 14D, (b) without reasonable excuse, to fail to comply with any requirement made under section 14B(2)(b) or (d)(ii) by a person who is so acting. (3) A person who commits an offence under subsection (1) or (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

.

Managers of related properties

Power for majority of owners to dismiss and appoint manager

70

• (1) The Title Conditions (Scotland) Act 2003 is modified as follows.

• (2) In section 64 (overriding power to dismiss and appoint manager), in subsection (1), for “two thirds” substitute “a majority”.

Fuel poverty

Fuel poverty strategy: consultation

71

• (1) The Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 2019 is modified as follows.

• (2) In section 7 (consultation on strategy)—

• (a) in subsection (1), after “preparing” insert “or reviewing”,

• (b) after subsection (3) insert—

(3A) For the purpose of subsection (2), the duty to consult the persons mentioned in paragraph (a), (c), (d), (e) or (f) may be met by consulting persons who appear to the Scottish Ministers to represent the interests of the persons mentioned in any of those paragraphs.

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Periodic reports: periods, consultation and publication etc.

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• (1) The Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 2019 is modified as follows.

• (2) In section 10 (consultation on periodic reports), in subsection (2), paragraphs (a) to (f) are repealed.

• (3) In section 11 (publication and laying of periodic reports), for “before the end of the financial year in which” substitute “within the period of 6 months beginning with the day after”.

Advisory panel: removal of funding cap

73

• (1) The Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 2019 is modified as follows.

• (2) In section 15 (funding of the Scottish Fuel Poverty Advisory Panel)—

• (a) in subsection (1), the words “Subject to subsection (2),” are repealed,

• (b) subsections (2) to (6) are repealed.

New homes ombudsman

Disclosure of information to new homes ombudsman

74

• (1) The Scottish Public Services Ombudsman Act 2002 is modified as follows.

• (2) In schedule 5 (which specifies persons or bodies to whom the Ombudsman in certain circumstances may disclose information in relation to certain matters), after the entry relating to Social Care and Social Work Improvement Scotland insert—

the new homes ombudsman	A matter in respect of which the new homes ombudsman could exercise any function conferred by the new homes ombudsman scheme (see section 136 of the Building Safety Act 2022)

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Council tax

Variation of council tax for unoccupied dwellings

75

• (1) The Local Government in Scotland Act 2003 is modified as follows.

• (2) In section 33—

• (a) subsection (1A) is repealed,

• (b) in subsection (4), paragraph (a) is repealed,

• (c) after subsection (4) insert—

(4A) If regulations under subsection (1) confer on local authorities a power under subsection (2)(b)(ii), the regulations may provide that, in exercising the power, a local authority must have regard to any guidance issued by the Scottish Ministers about the exercise of the power.

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Review of council tax arrears: joint and several liability

76

• (1) The Scottish Ministers must carry out a review of the impact of joint and several liability for council tax arrears on those who have experienced, or are experiencing, domestic abuse.

• (2) The review must be completed no later than the end of the period of one year beginning with the day of Royal Assent.

• (3) On completing the review, the Scottish Ministers must—

• (a) lay a report on the review before the Scottish Parliament,

• (b) publish the report in such manner as they consider appropriate.

• (4) The report under subsection (3) must include a statement of the action, if any, the Scottish Ministers intend to take as a result of the review.

• (5) In this section, “domestic abuse” means abusive behaviour within the meaning of section 2 of the Domestic Abuse (Protection) (Scotland) Act 2021 (as read with sections 1 and 3 of that Act).

Review of classification of properties

77

• (1) The Scottish Ministers must carry out a review of the process for determining whether particular lands and heritages (or parts of them) fall within the class of self-catering holiday accommodation that is excluded from the definition of dwelling in section 72(2) of the Local Government Finance Act 1992 (dwellings chargeable to council tax).

• (2) The review must be completed no later than the end of the period of two years beginning with the day of Royal Assent.

• (3) The review under subsection (1)—

• (a) must include the manner in which any such determination is communicated, and

• (b) may include such other matters as the Scottish Ministers consider appropriate.

• (4) On completing the review, the Scottish Ministers must—

• (a) lay a report on the review before the Scottish Parliament,

• (b) publish the report in such manner as they consider appropriate.

• (5) The report under subsection (4) must include a statement of the action, if any, the Scottish Ministers intend to take as a result of the review.

• (6) In subsection (1), “class of self-catering holiday accommodation” means the class of lands and heritages described as self-catering holiday accommodation that is prescribed as such by regulations under section 72(4) of the Local Government Finance Act 1992.

Housing revenue accounts

Transfer of funds into housing revenue account

78

• (1) The Housing (Scotland) Act 1987 is modified as follows.

• (2) In schedule 15 (the housing revenue account)—

• (a) in paragraph 2(1)(h), for “except” substitute “including”,

• (b) in paragraph 2(5), the words “, with the consent of the Secretary of State,” are repealed.

Housing emergency

Power to make provision about the declaration of a national housing emergency

79

• (1) The Scottish Ministers may by regulations make provision for or in connection with the declaration of a national housing emergency by the Scottish Ministers.

• (2) Regulations under subsection (1) may, in particular, make provision about—

• (a) the meaning of a national housing emergency for the purpose of the regulations,

• (b) the circumstances in which a national housing emergency may or must be declared by the Scottish Ministers,

• (c) the effect of declaring a national housing emergency, including any action that may or must be taken by the Scottish Ministers following such a declaration,

• (d) the conferral of powers on the Scottish Ministers to obtain information for the purpose of, or in connection with, enabling or assisting the Scottish Ministers in taking any such action,

• (e) the enforcement of these powers,

• (f) the circumstances in which a national housing emergency that has been declared ceases to apply.

• (3) The Scottish Ministers must, before the end of the period of 18 months beginning with the day on which subsection (1) comes into force, lay before the Scottish Parliament a draft Scottish statutory instrument containing the first regulations under that subsection.

Guidance for local authorities about a local housing emergency

80

• (1) The Scottish Ministers may issue guidance to local authorities about the declaration of a local housing emergency by a local authority.

• (2) The guidance may, in particular, include provision about—

• (a) the meaning of a local housing emergency,

• (b) the circumstances in which a local housing emergency may be declared by a local authority,

• (c) the effect of a local authority declaring a local housing emergency, including any action that may be taken by the local authority following such a declaration,

• (d) the circumstances in which a local housing emergency that has been declared ceases to apply, and

• (e) any other matter relating to a local housing emergency as the Scottish Ministers consider appropriate.

• (3) A local authority must, in the exercise of its functions in relation to housing, have regard any guidance issued under subsection (1).

• (4) Before issuing any guidance under subsection (1), the Scottish Ministers—

• (a) must consult local authorities, and

• (b) may consult any other person they consider appropriate.

• (5) The Scottish Ministers must publish any guidance issued under subsection (1) in such manner as they consider appropriate.

Part 7 — Impact Assessment

Rural impact assessment

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• (1) The Scottish Ministers must, no later than 12 months after Royal Assent, conduct an impact assessment of the provisions of this Act on rural and island communities.

• (2) On completing the impact assessment, the Scottish Ministers must—

• (a) lay a report on the impact assessment before the Scottish Parliament,

• (b) publish the report in such manner as they consider appropriate.

• (3) The report under subsection (2) must include a statement of the action, if any, the Scottish Ministers intend to take as a result of conducting the impact assessment.

Part 8 — Final provisions

Regulations

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• (1) Any power of the Scottish Ministers to make regulations under this Act includes power to make different provision for different purposes or areas.

• (2) Regulations under section 1(3) or (4) are subject to the negative procedure.

• (3) Regulations under section 9(1), 13(1), 14(10) or (11), 19(1), (5) or (6), 20(1) or 79(1) are subject to the affirmative procedure.

• (4) This section does not apply to regulations under section 86(2).

Ancillary provision

83

• (1) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it.

• (2) Regulations under subsection (1) may modify any enactment (including this Act).