LegalizeThe Housing (Scotland) Act 2014 (Commencement No. 7, Amendment and Saving Provision) Order 2017
Made: 5th October 2017
Laid before the Scottish Parliament: 6th October 2017
Coming into force: 1st December 2017
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. 7, Amendment and Saving Provision) Order 2017 and comes into force on 1st December 2017.
- (2) In this Order, “the Act” means the Housing (Scotland) Act 2014.
Amendment of the Housing (Scotland) Act 2014 (Commencement No. 6 and Transitional Provision) Order 2016
2
- (1) The Housing (Scotland) Act 2014 (Commencement No. 6 and Transitional Provision) Order 2016[^f00002] is amended as follows.
- (2) In article 3(1)(a) (transitional provision) and in the last entry in column 3 of the table in the schedule (appointed day), for “31st September 2018”, substitute “2nd October 2018”.
Appointed day
3
- (1) The day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in the schedule (the subject-matter of which is described in column 2 of that table) is 1st December 2017.
- (2) Where a purpose is specified in column 3 of the table in the schedule, a provision specified in column 1 comes into force in accordance with paragraph (1) only for that purpose.
Saving provision
4
The transfer of functions and jurisdiction of the sheriff to the First-tier Tribunal made by section 16 of the Act has no effect in relation to any—
- (a) action arising from any tenancy referred to in section 16(1) of the Act where the application to the sheriff was made prior to 1st December 2017; and
- (b) any appeal against the decision of a sheriff in an action of the kind mentioned in paragraph (a) where the appeal—
- (i) has not been determined prior to 1st December 2017; or
- (ii) is made on or after 1st December 2017 in relation to a decision of a sheriff made on or after that date.
SCHEDULE — PROVISIONS OF THE ACT COMING INTO FORCE ON 1ST DECEMBER 2017
| Column 1 Provisions of the Act | Column 2 Subject-matter | Column 3 Purpose |
|---|---|---|
| Section 16(1) and (2) | Regulated and assured tenancies etc. | |
| Section 16(3) and schedule 1 so far as they relate to paragraphs 1 to 6, 8 and 10 to 48 | Regulated and assured tenancies etc. | |
| Section 16(3) and schedule 1 so far they relate to paragraph 7 | Regulated and assured tenancies etc. | For the purpose of proceedings in relation to a regulated tenancy (within the meaning of section 8 of the Rent (Scotland) Act 1984)[^f00003] and an assured tenancy (within the meaning of section 12 of the Housing (Scotland) Act 1988)[^f00004] |
| Section 17 and schedule 1, Paragraphs 49 to 51 | Repairing standard | |
| Section 18 and schedule 1, paragraphs 52 to 55 | Right to adapt rented houses | |
| Section 19 and schedule 1, paragraphs 56 to 60 | Landlord registration |
Signed
ANNABELLE EWING — Authorised to sign by the Scottish Ministers — 5th October 2017
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 amends an incorrect date in the Housing (Scotland) Act 2014 (Commencement No. 6 and Transitional Provision) Order 2016.
Article 3 appoints 1st December 2017 for the coming into force of section 16 and Part 1 of schedule 1 of the Act, section 17 and Part 2 of that schedule, section 18 and Part 3 of that schedule and section 19 and Part 4 of that schedule.
The effect of section 16 of the Act is to transfer the functions and jurisdiction of the sheriff (except in relation to criminal offences) in respect of certain types of tenancy, to the First-tier Tribunal for Scotland. The types of tenancy are: regulated tenancies and Part VII contracts under the Rent (Scotland) Act 1984 and assured tenancies under the Housing (Scotland) Act 1988. Sections 17, 18 and 19 make amendments consequential to the transfer of functions and jurisdiction in relation to the repairing standard, the right to adapt rented houses and landlord registration, respectively.
The third entry in the table in the schedule commences paragraph 7 of schedule 1 of the Act only for the purpose of proceedings in relation to a regulated or an assured tenancy. Paragraph 7 makes a consequential amendment to section 23(1) (prohibition of eviction without due process of law) of the Rent (Scotland) Act 1984. As section 23 applies to various types of tenancy and excepts others, including Part VII contracts, it is commenced only in relation to those types of tenancy in respect of which jurisdiction is transferring to the First-tier Tribunal for Scotland.
Article 4 makes a saving provision in relation to proceedings begun in the sheriff court prior to 1st December 2017 and appeals in relation to those proceedings whether an appeal is made before or after 1st December 2017.
The Bill for the Act received Royal Assent on 1st August 2014. Sections 100, 101, 102, 104 and 105 of the Act came into force on that day by virtue of section 104(1) of the Act.
Footnotes
[^f00001]: 2014 asp 14.
[^f00002]: S.S.I. 2016/412.
[^f00003]: 1984 c.58.
[^f00004]: 1988 c.43.
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