Housing (Scotland) Act 1987

PART I S TRANSITIONAL PROVISIONS

General S

1 S —The re-enactment of provisions in, and the consequent repeal of those provisions by this Act, does not affect the continuity of those provisions.

2 S —In so far as—

(a) any requirement, prohibition, determination, order or regulation made by virtue of an enactment repealed by this Act, or

(b) any direction or notice given by virtue of such an enactment, or

(c) any proceedings begun by virtue of such an enactment, or

(d) anything done or having effect as if done,

could, if a corresponding enactment in this Act were in force at the relevant time, have been made, given, begun or done by virtue of the corresponding enactment, it shall, if effective immediately before the corresponding enactment comes into force, continue to have effect thereafter as if made, given, begun or done by virtue of that corresponding enactment.

3 S —Where any enactment passed before this Act, or any instrument or document refers either expressly or by implication to an enactment repealed by this Act the reference shall (subject to its context) be construed as or as including a reference to the corresponding provision of this Act.

4 S —Where any period of time specified in any enactment repealed by this Act is current at the commencement of this Act, this Act has effect as if its corresponding provision had been in force when that period began to run.

5 (1) The general rule is that the provisions of this Act apply, in accordance with the foregoing paragraphs, to matters arising before the commencement of this Act as to matters arising after that commencement. S

(2) The general rule has effect subject to any express provision to the contrary, either in this Schedule or in connection with the substantive provision in question.

(3) The general rule does not mean that the provisions of this Act apply to cases to which the corresponding repealed provisions did not apply by virtue of transitional provision made in connection with the commencement of the repealed provisions (such transitional provisions, if not specifically reproduced, are saved by paragraph 8).

(4) The general rule does not apply so far as a provision of this Act gives effect to an amendment made in pursuance of a recommendation of the Scottish Law Commission.

Persons holding office S

6 S —Any person who at the commencement of this Act is holding office or acting or serving under or by virtue of any enactment repealed by this Act or by the Act of 1966 shall continue to hold his office or to act or serve as if he had been appointed under this Act.

Security of tenure of tenants of regional councils, etc. S

7 S —Notwithstanding the repeal by this Act of section 16(2) and (3)(b) of the M1 Tenants’ Rights, Etc (Scotland) Act 1980, those provisions shall continue to have effect for the purposes of paragraph 4 of the M2 Housing (Scotland) Act 1986 (Consequential, Transitional and Supplementary Provisions) Order 1986 (application of transitional provisions relating to secure tenant’s right to written lease to tenants of regional councils, police authorities and fire authorities).

Marginal Citations

M1 1980 c.52.

M2 S.I. 1986/2139