The Housing (Scotland) Act 2014 (Commencement No. 6 and Transitional Provision) Order 2016

Made: 6th December 2016

Laid before the Scottish Parliament: 8th December 2016

Coming into force: 23rd December 2016

The Scottish Ministers make the following Order in exercise of the powers conferred by section 104(3) and (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. 6 and Transitional Provision) Order 2016 and comes into force on 23rd December 2016.

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

Appointed days

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.

Transitional provision

3

• (1) Despite the commencement of section 44 (offence of operating as a letting agent without registration) of the Act, it is not an offence under subsection (1) of that section for a person who is not a registered letting agent to carry out letting agency work if—

• (a) the person has, before 2nd October 2018, made an application under section 30 of the Act, to be entered in the register; and

• (b) the application has not yet been finally determined.

• (2) For the purpose of paragraph (1)(b), an application is finally determined when—

• (a) the applicant is entered in the register;

• (b) it is withdrawn; or

• (c) it is refused and either—

• (i) the time limit for appeal against refusal expires without an appeal having been made; or

• (ii) an appeal against refusal is dismissed or abandoned.

SCHEDULE

Signed

KEVIN STEWART — Authorised to sign by the Scottish Ministers — 6th December 2016

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 Act”).

Article 2 and the schedule appoint 1st May 2017 for the commencement of the remaining provisions in Part 5 (mobile home sites with permanent residents) of the Act.

31st January 2018 is the day appointed for the coming into force of the majority of the provisions in Part 4 (letting agents) of the Act.

Section 44 (offence of operating as a letting agent without registration) of the Act will come into force on 31st September 2018 which gives a period of 8 months from the date the register of letting agents is established before that offence provision is in force. Article 3 ensures that the offence provision will not apply if by that date an application has been made but has not been finally determined.

Sections 100, 101, 102, 104 and 105 of the Act come into force on the day the Bill for the Act received Royal Assent: 1st August 2014

Footnotes

[^f00001]: 2014 asp 14.

Editorial notes

[^key-cdad71696168bf023aff577b8f866443]: Art. 1 in force at 23.12.2016, see art. 1(1)

[^key-d296edc84c59b1a957945c9492b8dd90]: Art. 2 in force at 23.12.2016, see art. 1(1)

[^key-e7dcb8fce1e95081e07f85a050c42a23]: Art. 3 in force at 23.12.2016, see art. 1(1)

[^key-2bb7c2d839a28722dd2680410159f2d6]: Sch. in force at 23.12.2016, see art. 1(1)

[^key-0578d51be85d05b9b7b8cb8b89dfb6b8]: Words in art. 3(1)(a) substituted (1.12.2017) by The Housing (Scotland) Act 2014 (Commencement No. 7, Amendment and Saving Provision) Order 2017 (S.S.I. 2017/330), arts. 1(1), 2

[^M_F_15c65460-672a-4a28-e239-f9b94feca09f]: Words in sch. substituted (1.12.2017) by The Housing (Scotland) Act 2014 (Commencement No. 7, Amendment and Saving Provision) Order 2017 (S.S.I. 2017/330), arts. 1(1), 2