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The Tenancy Deposit Schemes (Scotland) Regulations 2011

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Tenancy Deposit Schemes (Scotland) Regulations 2011 No. 176

  1. Introductory Text

  2. PART 1

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Duties in relation to tenancy deposits

    4. 4.Circumstances in which tenancy deposit duties apply

    5. 5.The duties in regulation3 do not apply if no approved...

    6. 6.Conditions for approval of a tenancy deposit scheme

    7. 7.Scheme administrator to be a fit and proper person

    8. 8.Power of Scottish Ministers to provide financial assistance

  3. PART 2

    1. 9.Court orders

    2. 10.If satisfied that the landlord did not comply with any...

  4. PART 3

    1. 11.Scheme model

    2. 12.Agents

    3. 13.Geographical coverage and administrative requirements

    4. 14.Financing and sustainability

    5. 15.Protection of deposits in the event of scheme failure etc.

  5. PART 4

    1. 16.Designated accounts

    2. 17.A scheme administrator must follow appropriate accounting and administrative practices...

    3. 18.Sums may be withdrawn from a designated account only for...

    4. 19.The conditions for withdrawal of sums under regulation 18(d) are—...

  6. PART 5

    1. 20.Payment of tenancy deposits to a tenancy deposit scheme

    2. 21.A tenancy deposit paid to an approved scheme must be...

    3. 22.(1) On receipt of a tenancy deposit and the required...

    4. 23.Landlord application to transfer a tenancy deposit

    5. 24.Application for repayment of a tenancy deposit

    6. 25.(1) On receipt of an application from a landlord under...

    7. 26.Repayment by the scheme administrator where there is no disputed amount

    8. 27.(1) Paragraph (2) applies where the scheme administrator does not...

    9. 28.(1) Paragraph (2) applies where the scheme administrator does not...

    10. 29.Repayment by the scheme administrator where there is a disputed amount

    11. 30.If the scheme administrator receives notification that the dispute has...

    12. 31.(1) Paragraphs (2) and (3) apply where, following receipt of...

    13. 32.(1) Paragraphs (2) and (3) apply where the landlord and...

  7. PART 6

    1. 33.Dispute resolution mechanism

    2. 34.(1) The dispute resolution mechanism must be provided free of...

    3. 35.(1) Procedures must be in place whereby the scheme administrator...

    4. 36.The decision of the adjudicator

    5. 37.Review

    6. 38.(1) If, after consideration of the application under regulation 37(1)...

    7. 39.Information about dispute resolution

  8. PART 7

    1. 40.Duty to publicise approved schemes

    2. 41.Duty to produce an information leaflet

    3. 42.Landlord’s duty to provide information to the tenant

    4. 43.Duty to provide updated information

    5. 44.Landlord’s duty to provide information to the scheme administrator relating to landlord registration

  9. PART 8

    1. 45.Duty to provide annual report to the Scottish Ministers

    2. 46.Duty to provide a quarterly performance report

  10. PART 9

    1. 47.Transitional provisions

    2. 48.Where the tenancy deposit was paid to the landlord on...

  11. Signature

    1. SCHEDULE

  12. Explanatory Note

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