The Housing (Scotland) Act 2001 (Commencement No. 5, Transitional Provisions and Savings) Order 2002

Made: 26th June 2002

The Scottish Ministers, in exercise of the powers conferred by sections 109(2) and 113(1) and (2) of the Housing (Scotland) Act 2001[^f00001] and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and interpretation

1

• (1) This Order may be cited as the Housing (Scotland) Act 2001 (Commencement No. 5, Transitional Provisions and Savings) Order 2002.

• (2) In this Order “the Act” means the Housing (Scotland) Act 2001.

Commencement of provisions

2

• (1) This article has effect subject to the provisions of articles 3 to 5 below.

• (2) The provisions of the Act which are specified in column 1 of the Schedule to this Order shall, insofar as not already in force, come into force on 30th September 2002, but, where a particular purpose in relation to any such provision is specified in column 2 of the Schedule, that provision shall come into force on that day only for that purpose.

Transitional provisions and savings

3

Notwithstanding the commencement of provisions by article 2 above, the Housing (Scotland) Act 1987[^f00002] (and any regulations made thereunder) shall apply, as they applied immediately before 30th September 2002 to a tenancy in relation to which the landlord is Scottish Homes and which was created before that date, and to any tenancy created on or after that date in relation to which Scottish Homes is the landlord until such time as the tenancy is brought to an end or the house which is the subject of the tenancy is transferred to another landlord.

4

Notwithstanding the commencement of provisions by article 2 above, section 58A of the Housing (Scotland) Act 1987 and the Secure Tenants (Compensation for Improvements) (Scotland) Regulations 1994[^f00003] shall continue to apply to qualifying improvement work, within the meaning of that section, which is begun earlier than 30th September 2002.

5

Section 35 of the Act shall not apply in a case where an anti-social behaviour order under section 19 of the Crime and Disorder Act 1998[^f00004] has been made before, and continues after, the date on which section 35 of the Act comes into force.

SCHEDULE — PROVISIONS OF THE ACT COMING INTO FORCE ON 30TH SEPTEMBER 2002

Signed

MARGARET CURRAN — A member of the Scottish Executive — 26th June 2002

Explanatory note

(This note is not part of the Order)

This Order brings into force various provisions of the Housing (Scotland) Act 2001 (“the Act”).

Article 2 and the Schedule bring into force on 30th September 2002 provisions, listed in that Schedule, which primarily relate to the Scottish secure tenancy and right to buy. They also bring into force homelessness and hostel provisions, as well as provisions relating to tenant participation.

Articles 3 to 5 make transitional provisions and savings in relation to the commencement of the Scottish secure tenancy and right to buy. Article 3 saves the Housing (Scotland) Act 1987 provisions (which includes secure tenancy provisions) for Scottish Homes tenancies. Article 4 makes a saving for provisions relating to compensation for improvements which will apply to qualifying work started before 30th September 2002. Article 5 provides that section 35 of the Act (which deals with the conversion of Scottish secure tenancies to short Scottish secure tenancies) will not apply to anti-social behaviour orders made before 30th September 2002.

The 2001 Act received Royal Assent on 18th July 2001. Sections 109, 110 and 113 came into force on Royal Assent.

Footnotes

[^f00001]: 2001 asp 10.

[^f00002]: 1987 c. 26.

[^f00003]: S.I. 1994/632.

[^f00004]: 1998 c. 37.