Draft Regulations laid before the Scottish Parliament under section 76(2)(a) of the Private Housing (Tenancies) (Scotland) Act 2016, for approval by resolution of the Scottish Parliament.
2017 No.
The Private Housing (Tenancies) (Scotland) Act 2016 (Consequential Provisions) Regulations 2017
Made
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 76(1) of the Private Housing (Tenancies) (Scotland) Act 20161 and all other powers enabling them to do so.
In accordance with section 76(2)(a) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement1
These Regulations may be cited as the Private Housing (Tenancies) (Scotland) Act 2016 (Consequential Provisions) Regulations 2017 and come into force on 1st December 2017.
Amendment of the Local Government, Planning and Land Act 19802
1
The Local Government, Planning and Land Act 19802 is amended in accordance with paragraph (2).
2
In paragraph 10 (displacement of persons) of schedule 283—
a
the existing text becomes sub-paragraph (1);
b
for the words from “the Rent (Agriculture)” to “(Scotland) Act 1988” substitute “an enactment mentioned in sub-paragraph (2)”; and
c
after sub-paragraph (1), insert—
2
The enactments referred to in sub-paragraph (1) are—
a
the Rent (Agriculture) Act 1976,
b
the Rent Act 1977,
c
the Housing Act 1988,
d
the Rent (Scotland) Acts 1971 to 1975,
e
the Rent (Scotland) Act 1984,
f
the Housing (Scotland) Act 1988,
g
the Private Housing (Tenancies) (Scotland) Act 2016.
Amendment of the Housing (Scotland) Act 20103
1
The Housing (Scotland) Act 20104 is amended in accordance with paragraph (2).
2
In section 108(1)5 (disposals not requiring consent), after paragraph (d) insert—
da
by way of a lease under what would be a private residential tenancy but for—
i
any of paragraphs 2 to 6 or 20 of schedule 1 of the Private Housing (Tenancies) (Scotland) Act 2016, and
ii
paragraph 14 of that schedule.
Amendment of the Bankruptcy (Scotland) Act 20164
1
The Bankruptcy (Scotland) Act 20166 is amended in accordance with paragraph (2).
2
In section 79(3) (provision supplementary to section 78 and interpretation of Part 5)—
a
at the end of paragraph (b) omit “or”; and
b
after paragraph (c) insert—
, or
d
a private residential tenancy within the meaning of the Private Housing (Tenancies) (Scotland) Act 2016
Amendment of the Letting Agent Code of Practice (Scotland) Regulations 20165
1
The Letting Agent Code of Practice (Scotland) Regulations 20167 are amended in accordance with paragraph (2).
2
In the schedule (letting agent code of practice)—
a
in paragraph 48 (charging fees), after “short assured tenancy” insert “or private residential tenancy”;
b
in paragraph 82 (property access and visits), after “must be given” insert “, or 48 hours’ notice where the tenancy is a private residential tenancy,”; and
c
in paragraph 92 (carrying out repairs and maintenance), after “here” insert “and paragraph 6 of the schedule of the Private Residential Tenancies (Statutory Terms) (Scotland) Regulations 2017 is relevant in respect of a private residential tenancy”.
(This note is not part of the Regulations)