The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Early Expiry and Suspension of Provisions) Regulations 2023

Made: 17th January 2023

Laid before the Scottish Parliament: 19th January 2023

Coming into force in accordance with regulation 1(2) and (3)

The Scottish Minsters make the following Regulations in exercise of the powers conferred by sections 6(1)(a) and 8(1) of the Cost of Living (Tenant Protection) (Scotland) Act 2022[^f00001] and all other powers enabling them to do so.

Citation and commencement

1

• (1) These Regulations may be cited as the Cost of Living (Tenant Protection) (Scotland) Act 2022 (Early Expiry and Suspension of Provisions) Regulations 2023.

• (2) Subject to paragraph (3), these Regulations come into force on 26 February 2023.

• (3) Regulation 3 comes into force on 30March 2023.

Expiry of provision of the Cost of Living (Tenant Protection) (Scotland) Act 2022

2

26 February 2023 is specified as the day on which paragraph 3 of schedule 1 (rent cap for Scottish secure tenancies and short Scottish secure tenancies) of the Cost of Living (Tenant Protection) (Scotland) Act 2022 expires.

Suspension of provision of the Cost of Living (Tenant Protections) (Scotland) Act 2022

3

The operation of paragraph 4 of schedule 1 (rent cap for student residential tenancies) of the Cost of Living (Tenant Protection) (Scotland) Act 2022 is suspended.

Signed

PATRICK HARVIE — Authorised to sign by the Scottish Ministers — 17th January 2023

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations expire and suspend certain provisions of schedule 1 of the Cost of Living (Tenant Protection) (Scotland) Act 2022 (“the 2022 Act”).

Paragraph 3 of schedule 1 of the 2022 Act modifies the Housing (Scotland) Act 2001 in order to impose a variable 0% rent cap in relation to Scottish secure tenancies and short Scottish secure tenancies. Regulation 2 of these Regulations expires paragraph 3 on 26 February 2023.

Paragraph 4 of schedule 1 of the 2022 Act provides a variable 0% rent cap in relation to student residential tenancies. Regulation 3 of these Regulations suspends operation of paragraph 4, that suspension coming into force on 30 March 2023.

An impact assessment has not been produced for this instrument.

Footnotes

[^f00001]: 2022 asp 10.

Editorial notes

[^key-1fb3f64b15de19d6d907f4ea8b6488c5]: Reg. 2 in force at 26.2.2023, see reg. 1(2)

[^key-dcd2fc6fa06dacbe61791253aa995476]: Reg. 1 in force at 26.2.2023, see reg. 1(2)

[^key-61234b161908d5f10f74efd27fc8eace]: Reg. 3 in force at 30.3.2023, see reg. 1(3)