Private Housing (Tenancies) (Scotland) Act 2016

8 Regulations under section 7

(1) Regulations may not be made under section 7(1) unless—

(a) they prescribe, in relation to the tenancies to which the regulations are to apply, the terms set out in schedule 2, or

(b) those terms are prescribed in relation to those tenancies already.

(2) Regulations made under section 7 may not be revoked in exercise of the power conferred by that section to the extent that their revocation would result in terms set out in schedule 2 not applying in relation to some or all private residential tenancies.

(3) Nothing in this section prevents provision being made under section 7(3) so that—

(a) in some circumstances, a term set out in schedule 2 is not a term of a private residential tenancy,

(b) in some or all circumstances, a term set out in schedule 2 applies subject to modification.

(4) Before making regulations under section 7, the Scottish Ministers must consult such persons representing the interests of tenants and landlords under private residential tenancies as they think fit.

(5) Where regulations are made under section 7 before section 1 comes into force, the reference in subsection (4) to tenants and landlords under private residential tenancies is to be read as a reference to persons who are likely to be affected by the regulations.