Citation, commencement, effect and interpretation1.

(1)

These Regulations may be cited as the Housing (Scotland) Act 2006 (Modification of the Repairing Standard) Regulations 2019 and come into force on 1 March 2019.

(2)

Regulations 2(3), 3(2)(c) and 3(3) come into effect on 1 March 2019.

(3)

Regulation 3(2)(b) comes into effect on 1 February 2021.

(4)

Regulation 3(2)(a) and (d) comes into effect on 1 March 2024.

(5)

Regulation 2(2) comes into effect on 28 March 2027.

(6)

In these Regulations, “the 2006 Act” means the Housing (Scotland) Act 2006.

Modification of section 12 of the 2006 Act2.

(1)

Section 12(1) (tenancies excepted from the repairing standard duty) of the 2006 Act2 is modified in accordance with paragraphs (2) and (3).

(2)

Omit paragraphs (c) to (e).

(3)

At the end insert—

“(f)

a tenancy of a house which does not exceed 31 days where the purpose of the tenancy is to confer on the tenant the right to occupy the house for a holiday.”.

Modification of section 13 of the 2006 Act3.

(1)

Section 13 (the repairing standard) of the 2006 Act3 is modified in accordance with paragraphs (2) and (3).

(2)

In subsection (1)—

(a)

in paragraph (c)—

(i)

for “and electricity” substitute “, electricity (including residual current devices) and any other type of fuel”,

(ii)

after “space heating” insert “by a fixed heating system”,

(b)

omit paragraphs (f) and (g),

(c)

after paragraph (g) insert—

“(h)

the house meets the tolerable standard.”, and

(d)

after paragraph (h) insert—

“(i)

any common parts pertaining to the house can be safely accessed and used,

(j)

the house has satisfactory provision for, and safe access to, a food storage area and a food preparation space, and

(k)

where the house is in a tenement, common doors are secure and fitted with satisfactory emergency exit locks.”.

(3)

For subsections (4A), (5) and (6), substitute—

“(7)

In determining whether a house meets the standards of repair mentioned in subsection (1)(c) to (k) regard is to be had to any guidance issued by the Scottish Ministers in relation to—

(a)

the condition of pipes supplying water for human consumption,

(b)

electrical safety standards in relation to—

(i)

installations for the supply of electricity, and

(ii)

electrical fixtures, fittings and appliances,

(c)

installation of a fixed heating system,

(d)

equipment for detecting fire and for giving warning of fire or suspected fire,

(e)

the tolerable standard,

(f)

the type of emergency exit locks to be fitted to common doors in tenements,

(g)

equipment for detecting, and for giving warning of, carbon monoxide in a concentration that is hazardous to health,

(h)

the provision for, and safe access to, a food storage area and a food preparation space.”.

KEVIN STEWART
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh