Legalize / United Kingdom / Scotland / Scottish-Statutory-Instrument

The Domestic Abuse (Protection) (Scotland) Act 2021 (Commencement No. 1) Regulations 2025

Type Scottish-Statutory-Instrument

Publication 2025-12-16

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

Made: 16th December 2025

Laid before the Scottish Parliament: 18th December 2025

Coming into force: 1st August 2026

The Scottish Ministers make the following Regulations in exercise of the power conferred by section 24(2) of the Domestic Abuse (Protection) (Scotland) Act 2021[^f00001].

Citation and commencement

1

These Regulations may be cited as the Domestic Abuse (Protection) (Scotland) Act 2021 (Commencement No. 1) Regulations 2025 and come into force on 1 August 2026.

Appointed day

2

1 August 2026 is the day appointed for the coming into force of the following provisions of the Domestic Abuse (Protection) (Scotland) Act 2021—

(a) sections 2 and 3 for the purposes of Part 2,

(b) section 22.

Signed

MAIRI MCALLAN — A member of the Scottish Government — 16th December 2025

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations bring into force, on 1 August 2026, sections 2, 3 and 22 of the Domestic Abuse (Protection) (Scotland) Act 2021 (“the Act”). Sections 2 and 3 are commenced for the purposes of Part 2 of the Act. Section 2 of the Act provides a meaning of “abusive behaviour” for the purposes of Part 1 of the Act, and section 3 provides additional clarification as to what behaviour constitutes “abusive behaviour”. The description in section 3 is non-exhaustive.

Section 22 of the Act amends sections 14 and 16 and schedule 2 of the Housing (Scotland) Act 2001 (asp 10, “the 2001 Act”). Section 22(4) inserts paragraph 15A into schedule 2 of the 2001 Act, creating a new ground on which the landlord under a Scottish secure tenancy may raise court proceedings under section 14 of the 2001 Act. The definitions in sections 2 and 3 of the Act are cross-referenced in the new paragraph 15A.

On this new ground, the landlord may raise proceedings either: for recovery of possession of the house (in the case of a sole tenant), or for termination of the tenant’s interest in the tenancy (in the case of a joint tenant).

Footnotes

[^f00001]: 2021 asp 16.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.