The Housing (Scotland) Act 1988 Commencement Order 1988

Statutory Instruments

1988 No. 2038 (C. 74) (S.194)

HOUSING, SCOTLAND

The Housing (Scotland) Act 1988 Commencement Order 1988

Made

16th November 1988

The Secretary of State, in exercise of the powers conferred upon him by Section 74(2)(d) of the Housing (Scotland) Act 1988(1) and of all other powers enabling him in that behalf, hereby makes the following Order:

1.  This Order may be cited as the Housing (Scotland) Act 1988 Commencement Order 1988.

2.  In this Order “the Act” means the Housing (Scotland) Act 1988.

3.  The provisions of the Act which are specified in column 1 of Schedule 1 to this Order shall come into force on 1st December 1988 but, where a particular purpose is specified in relation to any such provision in column 2 of that Schedule, that provision shall come into force on that day only for that purpose.

4.  The provisions of the Act which are specified in column 1 of Schedule 2 to this Order shall come into force on 2nd January 1989 but, where a particular purpose is specified in relation to any such provision in column 2 of that Schedule, that provision shall come into force on that day only for that purpose.

5.  The provisions of the Act shall. in so far as they are not then in force, come into force on 1st April 1989.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

16th November 1988

Article 3

SCHEDULE 1 The provisions of the Act which come into force on 1st December 1988

Column 1	Column 2
Provisions of the Act	Restriction of purpose (if any)
Sections 1 and 2
Section 3(1) and (4)
Section 3(3)	Only for the purpose of bringing into force the provision of Schedule 2 to the Act referred to in column 1 below
Section 4 with the exception of subsection (4)
Sections 5 to 11
Section 73
Schedule 1
In Schedule 2, paragraph 3(a)

Article 4

SCHEDULE 2 The provisions of the Act which come into force on 2nd January 1989

Column 1	Column 2
Provisions of the Act	Restriction of purpose (if any)
Sections 12 to 35
Sections 41 to 55
Section 66
Section 68
Section 70
Section 72(2)	Only for the purpose of bringing into force the provisions of Schedule 9 referred to in column 1 below
Section 72(3)	Only for the purpose of bringing into force the repeals in Schedule 10 specified in the Table below
Schedules 4 to 6
In Schedule 9, all the paragraphs except paragraphs 7 and 17
In Schedule 10, the repeals listed in the Table below

TABLE

Repeals

Chapter	Short Title	Extent of Repeal
1984 c. 58	The Rent (Scotland) Act 1984	In section 66(1) the words “or the local authority”.
		In section 68 the words “or the local authority”.
		Section 70(2).
		In section 71(1) the words “or the local authority”

Explanatory Note

(This note is not part of the Order)

This Order appoints the days on which the provisions of the Housing (Scotland) Act 1988 (“the Act”) are to come into force.

Articles 3 and 4 of the Order provide that the provisions of the Act which are specified in Schedules 1 and 2 are to come into force respectively on 1st December 1988 and 2nd January 1989, subject to any restrictions specified in the Schedules.

Article 5 of the Order brings into force on 1st April 1989 the provisions of the Act so far as they are not then in force.

(1)

1988 c. 43