Housing Act 1988

5 (1) The said section 17, as it applies to Scotland, shall be amended in accordance with this paragraph.

(2) In subsection (1)—

(a) in paragraph (b) for the words from “subsection (2)” to “1977” there shall be substituted the words “section 16(4) above, subsection (1) of section 14 of the Housing (Scotland) Act 1988”;

(b) for the words “said section 97” there shall be substituted the words “said section 14”; and

(c) at the end there shall be added the words “and, accordingly, as if on the ending of the tenancy there arose a statutory assured tenancy during the remainder of that period”.

(3) For subsection (2) there shall be substituted the following subsections—

“(2) Where, at any time during a service man’s period of residence protection—

(a) a tenancy qualifying for protection would come to an end, apart from the provisions of this section and section 16 above, and

(b) paragraphs (a) and (b) of subsection (1) above apply,

section 14 of the Housing (Scotland) Act 1988 shall, during the remainder of the period of protection, apply in relation to the separate accommodation as if the circumstances in subsection (1)(b) above did not exist and, accordingly, as if the tenancy had become an assured tenancy immediately before it would otherwise come to an end.

(3) Neither subsection (1) nor subsection (2) above applies if, on the ending of the tenancy qualifying for protection, a statutory tenancy arises.”