49Tenancies: transitional provisionS
(1)The 2020 Regulations continue in force (despite regulation 1 of those Regulations and the expiry of paragraphs 4 and 5 of schedule 1 of the 2020 (No.2) Act).
(2)They are deemed to have been made under the powers conferred by section 18(4A)(b) of the 1988 Act and paragraph 12(4)(b) of schedule 3 of the 2016 Act.
(3)In the 2020 Regulations—
(a)references to the pre-action requirements are to be read as references to the pre-action protocol,
(b)the reference in regulation 3 to section 18(3C) is to be read as a reference to section 18(4A)(b),
(c)the reference in regulation 4 to paragraph 12(3B) is to be read as a reference to paragraph 12(4)(b).
(4)Nothing in this section affects the 2020 Regulations insofar as they continue to apply by virtue of section 48.
(5)In this section—
“the 1988 Act” means the Housing (Scotland) Act 1988,
“the 2016 Act” means the Private Housing (Tenancies) (Scotland) Act 2016,
“the 2020 (No.2) Act” means the Coronavirus (Scotland) (No.2) Act 2020,
“the 2020 Regulations” means the Rent Arrears Pre-Action Requirements (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/304).