LegalizeThe Private Rented Housing (Scotland) Act 2011 (Commencement No. 6 and Savings Provisions) Order 2013
Made: 26th February 2013
Laid before the Scottish Parliament: 28th February 2013
Coming into force: 31st March 2013
The Scottish Ministers make the following Order in exercise of the powers conferred by section41(3) and (4) of the Private Rented Housing (Scotland) Act 2011[^f00001].
Citation, commencement and interpretation
1
- (1) This Order may be cited as the Private Rented Housing (Scotland) Act 2011 (Commencement No. 6 and Savings Provisions) Order 2013 and comes into force on 31stMarch 2013.
- (2) In this Order “the 2011 Act” means the Private Rented Housing (Scotland) Act 2011.
Appointed days
2
- (1) The provisions of the 2011 Act specified in column 1 of the Schedule (the subject matter of which is specified in column 2 of the Schedule) will come into force on 1st April 2013.
- (2) Section 6 (duty to include certain information in advertisements) of the 2011 Act will come into force on 1st June 2013.
Savings provisions
3
- (1) The amendment made by section 6 of the 2011 Act is of no effect in relation to an advertisement published on or after 1st June 2013 where arrangements have been made with the publisher before 1st May 2013 for that publication.
- (2) The amendment made by section 8 of the 2011 Act (disqualification orders for unregistered landlords) is of no effect in relation to an offence committed before 1st April 2013.
- (3) For the purposes of paragraph (2), where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it is to be taken to have been committed on the first of those days.
SCHEDULE
| Column 1 Provisions of the 2011 Act | Column 2 Subject matter |
|---|---|
| Section 3 | Landlord registration number |
| Section 5 | Access to register: additional information |
| Section 8 | Disqualification orders for unregistered landlords |
| Section 9 | Power to obtain information |
| Section 11 | Information to be given to local authority |
| Section 12 and Schedule | Minor and consequential amendments |
Signed
M J BURGESS — Authorised to sign by the Scottish Ministers — 26th February 2013
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order brings sections3, 5, 8, 9, 11 and 12 of the Private Rented Housing (Scotland) Act 2011 (“the 2011 Act”) into force on 1stApril 2013 and section6 of the 2011 Act into force on 1stJune 2013.
Section3 of the 2011 Act amends the Antisocial Behaviour etc. (Scotland) Act 2004 (asp8) (“the 2004 Act”). The amendments provide that an entry in the landlord registration register must state the landlord registration number and that where a local authority gives notice of the fact of registration, it must give notice of the landlord registration number.
Section5 of the 2011 Act inserts a new section92ZA into the 2004 Act which places a duty on a local authority to note in its landlord registration register the fact that a person was refused entry to, or removed from, the register for specified reasons. Section5 of the 2011 Act also amends section88A of the 2004 Act to ensure that members of the public can, on application, find out if such a note has been placed on the register and also whether an application for registration has been made but not yet determined.
Section6 of the 2011 Act inserts a new section92B into the 2004 Act which places a duty on a registered person to ensure that where that person’s property is advertised for let the advertisement includes the landlord registration number or, in the case of a landlord whose application is yet to be determined, the words “landlord registration pending”.
Section8 of the 2011 Act makes an amendment to the 2004 Act which will allow a court, in addition to imposing a fine, to disqualify a person convicted under section93(1) or (2) of the 2004 Act from being registered by any local authority.
Section9 of the 2011 Act inserts two new sections, 97A and 97B into the 2004 Act. Section97A provides local authorities with powers to require specified persons to provide information which will enable the local authorities to carry out its functions under Part8 of the 2004 Act (landlord registration). Section 97B sets out how the requirement must be made.
Section11 of the 2011 Act inserts a new section22A into the Housing (Scotland) Act 2006 (asp1) which places a duty on the private rented housing panel to provide specified information to the relevant local authority. The duty arises on receipt of an application by a tenant for a determination that a landlord has failed to comply with the repairing standard.
Section12 of the 2011 Act brings the Schedule to that Act (which makes minor modifications and modifications consequential on Part1 of the 2011 Act) into effect.
Article3 of this Order makes certain savings provisions.
The Bill for the 2011 Act received Royal Assent on 20thApril 2011. Part5 of the 2011 Act (sections38 to 41: general provisions) came into force the following day.
Footnotes
[^f00001]: 2011 asp 14.
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