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The Housing (Scotland) Act 2006 (Commencement No. 9) Order 2010

Type Scottish-Statutory-Instrument
Publication 2010-12-06
State In force
Jurisdiction Scotland
Department Queen's Printer for Scotland
Source legislation.gov.uk
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Made: 6th December 2010

The Scottish Ministers make the following Order in exercise of the powers conferred by section195(3) of the Housing (Scotland) Act 2006[^f00001].

Citation

1

This Order may be cited as the Housing (Scotland) Act 2006 (Commencement No.9) Order 2010.

Appointed Day

2

The day appointed for the coming into force of sections 120 to 123 of the Housing (Scotland) Act 2006 is 21stDecember 2010.

Signed

ALEX NEIL — Authorised to sign by the Scottish Ministers — 6th December 2010

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force, on 21st December 2010, the provisions of Part4 of the Housing (Scotland) Act 2006, which makes provision in relation to tenancy deposits.

Sections120 to 122 make provision about tenancy deposit schemes. Section 120 defines what is meant by “tenancy deposit” and “tenancy deposit scheme”. Section 121 empowers the Scottish Ministers to make regulations to set the regulatory framework pertaining to tenancy deposit schemes. Section 122 makes provision about the approval of tenancy deposit schemes by the Scottish Ministers, publicity and consultation requirements and the review of tenancy deposit schemes.

Section123 makes a minor amendment to section 90(3) of the Rent (Scotland) Act 1984 (c.58) to declare, for the avoidance of doubt, that a deposit received from a tenant as security for the tenant’s obligations to pay rent is not an unlawful premium for the purposes of Part 8 of that Act.

Footnotes

[^f00001]: 2006 asp 1.

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