The Housing (Scotland) Act 2014 (Commencement No. 1, Transitional and Saving Provisions) Order 2014

Made: 7th October 2014

Laid before the Scottish Parliament: 9th October 2014

Coming into force: 13th November 2014

The Scottish Ministers make the following Order in exercise of the powers conferred by section 104(3) to (5) of the Housing (Scotland) Act 2014[^f00001] and all other powers enabling them to do so.

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Housing (Scotland) Act 2014 (Commencement No. 1, Transitional and Saving Provisions) Order 2014 and comes into force on 13th November 2014.

• (2) In this Order “the Act” means the Housing (Scotland) Act 2014.

Appointed days

2

• (1) Subject to paragraph (2), the day appointed for the coming into force of the provisions of the Act specified in column 1 of the Schedule (the subject-matter of which is described in column 2 of the Schedule) is specified in column 3 of the Schedule.

• (2) Where a purpose is specified in column 4 of the Schedule, a provision specified in column 1 comes into force in accordance with paragraph (1) only for that purpose.

Transitional provision

3

The requirements of section 104A (registered social landlord becoming a subsidiary of another body) of the 2010 Act[^f00002] do not apply to any arrangement where a request has been made for the consent of the Scottish Housing Regulator under section 93 (change of constitution) of that Act prior to 20th November 2014.

Saving provisions

4

Despite the commencement of section 1 (abolition of the right to buy) of the Act, the provisions repealed or modified by subsection (1) of that section and by paragraphs 1, 2, 4(7) and (8), 9, 10(3), (4) and (5)(b), 14 to 16, 18(3), (6) and (7)(a) and 19 of schedule 2 to the Act continue to have effect as they had effect on 31st July 2016 in relation to—

• (a) any application to purchase submitted under section 63(1) of the 1987 Act[^f00003] before 1st August 2016;

• (b) any contract to purchase, and any purchase, following on from such an application.

5

Despite the commencement of section 2 (amendment of right to buy provisions) of the Act, section 61F of the 1987 Act applies to any application to purchase submitted under section 63(1) of that Act prior to 20th November 2014, as it applied immediately before that date.

6

Despite the commencement of paragraph 3 of schedule 2 (minor and consequential repeals: Rent (Scotland) Act 1984) to the Act, Case 7 of Part 1 of Schedule 2 to the Rent (Scotland) Act 1984[^f00004] will apply in relation to any certificate granted by the Scottish Ministers under that case prior to 20th November 2014, as it applied immediately before that date.

SCHEDULE

Signed

M J BURGESS — Authorised to sign by the Scottish Ministers — 7th October 2014

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force various provisions of the Housing (Scotland) Act 2014 (“the 2014 Act”).

The Schedule to the Order (“the Schedule”) appoints 1st August 2016 for the coming into force of section 1 of the 2014 Act. The effect is that the right to buy will cease to apply to social housing from that date. The related consequential amendments in paragraphs 1, 2, 4(7) and (8), 9, 10(3), (4) and (5)(b), 14 to 16, 18(3), (6) and (7)(a) of schedule 2 to the 2014 Act are also commenced on this date.

Article 4 makes saving provision to provide that where an application to purchase has been submitted before that date, it can continue to be progressed under the legislation that is otherwise revoked. This saving provision also ensures that a person who has purchased at a discount requires to repay some or all of that discount in any subsequent sale or disposal of the property within three years.

The Schedule appoints 13th November 2014 for the coming into force of sections 86(1) and 86(2) of the 2014 Act (for the purposes of enabling the Scottish Ministers to make orders under section 10A(3B)(a) of the Title Conditions (Scotland) Act 2003 and under section 13(3B)(a) of the Tenements (Scotland) Act 2004). It also appoints 16th December 2014 for section 86 to come into force for all remaining purposes.

20th November 2014 is appointed for the coming into force of sections 1(2) and (3), 2, 4(2), 6(2), 7(1)(b), 14(1), 20, 23(1), 24, 26(7), 28, 46, 61, 62, 64, 65, 70, 77, 82, 85(3) and (4), 94, 95, 96, 97, 98 and 103 (for the purpose of commencing the following paragraphs), paragraphs 3, 4(1) to (4) and (9)(b), 5(1) and (3), 10(1) and (5)(a), 12, 13, 17, 18(1), (2), (4), (5) and (7)(b) of schedule 2. Of these provisions, the following are commenced only partially: sections 1(3), 4(2), 6(2), 62, 64, 65, 77, 82, 97 and 103.

Article 3 provides that section 104A of the Housing (Scotland) Act 2010 (introduced by section 98 of the 2014 Act) will not apply where an application for consent has already been made to Scottish Housing Regulator under section 93 of the 2010 Act.

Article 5 provides that the commencement of section 2, with respect to the amendment made to section 61F of the Housing (Scotland) Act 1987, does not affect applications to purchase served prior to 20th November 2014.

Article 6 preserves Case 7 of Part 1 of Schedule 2 to the Rent (Scotland) Act 1984, without the amendments introduced by paragraph 3 of schedule 2 to the 2014 Act, in relation to any certificate granted by the Scottish Ministers prior to 20th November 2014.

Sections 100, 101, 102, 104 and 105 of the 2014 Act came into force on 1st August 2014. Section 93 of the 2014 Act comes into force on 1st October 2014. The remaining provisions of the 2014 Act will come into force on such date or dates as the Scottish Ministers appoint.

Footnotes

[^f00001]: 2014 asp 14.

[^f00002]: Section 104A of the 2010 Act is inserted by section 98 of the Act.

[^f00003]: 1987 c.26. There have been amendments to subsection (1) of section 63 that are not relevant to this Order.

[^f00004]: 1984 c.58. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).