Housing (Financial Provisions) (Scotland) Act 1972

9 Subject to paragraphs 10, 11 and 12 below, Schedule 13 shall have effect with respect to any year of a period of delay imposed under that Schedule which begins on and after 1st January 1973 subject to the following modifications—

(a) in paragraph 3(1), at the beginning there shall be added the words " Subject to paragraph 3(1)(c) of Part III of the Schedule to the Fire Precautions Act 1971 ", at the end of sub-paragraph (a) there shall be added the word " and ", sub-paragraph (b) shall cease to have effect and in sub-paragraph (c) for the words "aggregate of the amounts specified in paragraphs (a) and (b) above " there shall be substituted the words " amount specified in sub-paragraph (a) above ";

(b) in paragraph 3(3) for the reference to 37½ new pence there shall be substituted a reference to 50 new pence, and in sub-paragraph (a) for the words " aggregate of the amounts specified in sub-paragraphs (1)(a) and (1)(b) " there shall be substituted the words " amount specified in sub-paragraph(1)(a) ";

(c) in paragraph 4(1) for the words from "the Rent" to the end there shall be substituted the words " this Act or section 36(2) of the Housing (Financial Provisions) (Scotland) Act 1972 had been served. ";

(d) paragraphs 5, 9, 11 and 12 shall cease to have effect;

(e) in paragraph 1(b) the word " foregoing " shall cease to have effect;

(f) in paragraph 8 for the words from " paragraphs 1 to 6 " to the end there shall be substituted the words " the provisions of this Schedule shall apply as if it had continued and in particular paragraph 7 of this Schedule shall, subject to paragraph 8B below, apply with the necessary modifications ".

(g) after paragraph 8 there shall be inserted the following—

“Rent Agreements

8A Where, after a tenancy becomes a regulated tenancy by virtue of Part VI of this Act or, as the case may be, after the completion of the works referred to in paragraph 1(b) above, an agreement increasing the rent under the tenancy (but without creating a new regulated tenancy) takes effect, whether before or after the beginning of the period of delay imposed by paragraph 2 above, then, subject to paragraph 8B below,—

(a) the rent limit for any contractual period of the regulated tenancy beginning during that period of delay shall be the amount to which, if the agreement had not been made, the rent payable under the tenancy could have been increased in accordance with this Schedule for a statutory period beginning at the same time, and, in relation to such a contractual period, the reference in section 43(3)(a) of this Act to section 19(2) of this Act, shall be construed as a reference to this sub-paragraph, and

(b) in relation to any statutory period of the regulated tenancy beginning during that period of delay, the provisions of this Schedule shall have effect as if the agreement had not been made.

8B If, in the period between the time when the controlled tenancy of a dwelling-house becomes a regulated tenancy by virtue of Part VI of this Act or, as the case may be, the time when the works referred to in paragraph 1(b) of this Schedule are completed, and the registration of such a rent as is mentioned in paragraph 1 of this Schedule, a rent agreement with a tenant having security of tenure within the meaning of Part V of the Housing (Financial Provisions) (Scotland) Act 1972 takes effect as respects the dwelling-house and the provisions of sections 42 and 43 or, as the case may be, sections 42 and 44, of that Act have been observed as respects the agreement, then the provisions of this Schedule shall apply as respects the period after the actual date when the rent was registered for the dwelling-house as if the date of registration had been on the date when the agreement took effect.”;

(h) after paragraph 10 there shall be inserted the following paragraph—

“10A Where a registration takes effect from a date earlier than the date of registration, references in this Schedule to the date of registration shall nonetheless be references to the later date.”