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5.—(1) Paragraph (2) applies where—
(a)a notice under any of the provisions listed in regulation 4(3) has been served on a tenant prior to 30 March 2022 (“the existing notice”) and the notice period applicable to that notice has not expired, and
(b)a new notice is served on the tenant under any of the provisions listed in regulation 4(3) (“the new notice”) seeking eviction on the same ground or grounds of eviction as the existing notice.
(2) Where this paragraph applies, the notice period applicable to the new notice cannot expire earlier than the notice period applicable to the existing notice.
(3) For the purposes of paragraph (1)(b)—
(a)a new notice is on the same ground or grounds of eviction as the existing notice if the new notice contains any ground or grounds of eviction contained in the existing notice,
(b)the reference to eviction includes possession or recovery of possession (however described), and
(c)the reference to a ground or grounds of eviction includes a ground or grounds for possession or recovery of possession (however described).
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Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
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