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Date published:
4 September 2024
Delegated powers in the Housing (Scotland) Bill at Stage 1 - Annexe
Annexe
The Committee is content with the following powers and the parliamentary procedure applied to them:
Section 9(1): Power to designate areas as a rent control area and impose rent controls for area;
Section 19(2): Inserted new section 43J(3)(b) of the Private Housing (Tenancies) (Scotland) Act 2016 – power to specify requirements to be fulfilled by rent-increase notice;
Section 19(2): Inserted new section 43L(3) of the Private Housing (Tenancies) (Scotland) Act 2016 – power to prescribe form, fee and manner of intimation of referral to a rent officer;
New section 43O(2)(b) of the Private Housing (Tenancies) (Scotland) Act 2016 – power to prescribe form of request under that section;
New section 43Q(4)(a) of the Private Housing (Tenancies) (Scotland) Act 2016 – power to prescribe manner of intimation of application to First-tier Tribunal under that section;
Section 29(2): Inserted new section 64B(1)(b) of the Private Housing (Tenancies) (Scotland) Act 2016 – power to prescribe requirements for request to keep a pet;
Section 29(2): Inserted new section 64B(3)(d) of the Private Housing (Tenancies) (Scotland) Act 2016 – power to prescribe requirements for landlord’s notice;
Section 29(2): Inserted new section 64C(3) of the Private Housing (Tenancies) (Scotland) Act 2016 – power to prescribe requirements for tenant’s notice;
Section 29(2): Inserted new section 64I(1)(b) of the Private Housing (Tenancies) (Scotland) Act 2016 – power to prescribe requirements for a tenant’s request to make a category 2 change to a let property;
Section 29(2): Inserted new section 64I(3)(d) of the Private Housing (Tenancies) (Scotland) Act 2016 – power to prescribe requirements for a landlord’s notice;
Section 29(2): Inserted new section 64J(3) of the Private Housing (Tenancies) (Scotland) Act 2016 – power to prescribe requirements for a tenant’s notice;
Section 30(3): Inserted paragraph 8B of new Part 1A of schedule 5 of the Housing (Scotland) Act 2001 - power to prescribe requirements for a tenant’s application to keep a pet;
Section 33(2)(b): Inserted new section 37(6)(b) of the Housing (Scotland) Act 2014 – power to specify information provided by virtue of section 30(2)(f) of the Act for purpose of new section;
Section 38(3): Inserted new section 48A(1)(b)(ii) of the Private Housing (Tenancies) (Scotland) Act 2016 - power to require evidence to support statement that pre-notices given properly;
Section 38(3): Inserted new section 48A(3)(c) of the Private Housing (Tenancies) (Scotland) Act 2016 – power to prescribe requirements for a pre-notice (for ending of a joint tenancy);
Section 41(4)(c): Inserted new section 32(2C) of the Housing (Scotland) Act 1987 – power to prescribe types of advice and assistance in relation to homelessness;
Section 3(5): Power to direct the carrying out of interim assessment of rent controls;
Section 5(2): Power to direct the carrying out of further assessment of rent conditions;
Section 6(1): Power to issue guidance about carrying out of further assessments of rent conditions;
Section 7(1): Power to issue guidance about reports;
Section 31(3): Inserted new section 122B(1) of the Housing (Scotland) Act 2006 - power to direct the transfer of unclaimed deposits;
Section 31(3): Inserted new section 122D(3) of the Housing (Scotland) Act 2006 – power to direct a fund administrator to provide a report to the Scottish Ministers;
Section 1(3): Power to change the date for submission of first report on local authority assessment of rent conditions in local authority area;
Section 20(2): Inserted new section 17A(5) of the Private Housing (Tenancies) (Scotland) Act 2016 – power to change information required in advertisements referred to in the new section
Section 24(2): Inserted new section 51A(6) of the Private Housing (Tenancies) (Scotland) Act 2016 – power to modify the matters to be considered by the First-tier Tribunal in considering whether to delay eviction;
Section 25(2): Inserted new section 16A(6) of the Housing (Scotland) Act 2001 – power to modify the matters to be considered by the court in considering whether to delay eviction;
Section 25(3): Inserted new section 36A(6) of the Housing (Scotland) Act 2001 – power to modify the matters to be considered by the court in considering whether to delay eviction;
Section 26(2): Inserted new section 20A(6) of the Housing (Scotland) Act 1988 – power to modify the matters to be considered by the First-tier Tribunal in considering whether to delay eviction;
Section 27(2): Inserted new section 12ZA(6) of the Rent (Scotland) Act 1984 – power to modify the matters to be considered by the First-tier Tribunal in considering whether to delay eviction;
Section 41(8): Inserted new section 43A(1) of the Housing (Scotland) Act 1987 - power to modify the meaning of “relevant body” in Part 2 (homeless persons) of the 1987 Act;
Section 40(2): Inserted new paragraph 6(1) of schedule 5 of the Private Housing (Tenancies) (Scotland) Act 2016 - power to appoint day on which a relevant assured tenancy converts to a private residential tenancy;
Section 53(1): Power to make ancillary provision;
Section 56(2): Power to appoint days on which provisions of the Bill come into force.
Last updated:
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(Miscellaneous 2021/444 01/12 Laid only 20/12 20/12 07/12 RAINE 26/01 24/01 Amendment and Revocation) (Scotland) Order 2021 Act of Sederunt (Rules of the Court of Session 2021/434 1994 Amendment) 29/11 Laid only 18/12 18/12 07/12 CJ 24/01 17/01 (Miscellaneous) (No.2) 2021 Tuesday 19 April 2022 Page 6 of 10 Tuesday 19 April 2022 Scottish Statutory Instrument Tracker Report DPLR Lead Committee SSI Number SSI Title Date Procedure Parliamentary Additional Laid Action Information Report First Report 20 Day Committee Report 40 Day Meeting Due Meeting Name Due Recommendation Date Decision Number Date Date Date Date Date Transport (Scotland) Act 2019 2021/428 25/11 Laid only 14/12 14/12 07/12 NZET 20/01 17/01 (Commencement No. 4) Regulations 2021 Redress for Survivors (Historical Child Abuse in 2021/419 Care) (Scotland) Act 18/11 Laid only 07/12 07/12 30/11 ECYP 04/01 10/01 2021 (Commencement No. 2) Regulations 2021 Coronavirus Act 2020 (Suspension: Disposal 2021/391 of Bodies) (Scotland) 04/11 Laid only 23/11 23/11 16/11 CVDR 13/12 06/12 COVID related SSI (No. 2) Regulations 2021 Lands Tribunal for Scotland (Miscellaneous 2021/386 02/11 Negative 21/11 21/11 09/11 NZET 11/12 06/12 Amendments) Amendment Rules 2021 Criminal Justice and Licensing (Scotland) 2021/355 (C. 27) Act 2010 08/10 Laid only 12/11 12/11 26/10 CJ 02/12 29/11 (Commencement No. 16) Order 2021 Plant Health (EU Exit) Draft 2021/Draft (Scotland) (Amendment) 07/10 11/11 11/11 26/10 RAINE 01/12 Brexit related SSI Affirmative (No. 2) Regulations 2021 Civil Partnership (Scotland) Act 2020 (Commencement No. 4, Attention not 2021/351 07/10 Laid only 11/11 11/11 26/10 13 EHRCJ 01/12 29/11 Saving and Transitional drawn Provision) Regulations 2021 Social Security Administration and Tribunal Membership Attention not 2021/352 (C. 26) 06/10 Laid only 10/11 10/11 26/10 13 SJSS 30/11 30/09 29/11 Approval (Scotland) Act 2020 drawn (Commencement No. 4) Regulations 2021 Social Security (Switzerland) (Further Attention not 2021/345 01/10 Laid only 05/11 05/11 26/10 13 SJSS 25/11 22/11 provision in respect of drawn Scotland) Order 2021 Social Security Administration and Tribunal Membership Attention 2021/338 (C.23) 27/09 Laid only 01/11 01/11 26/10 13 SJSS 21/11 15/11 (Scotland) Act 2020 drawn (Commencement No. 3) Regulations 2021 Tuesday 19 April 2022 Page 7 of 10 Tuesday 19 April 2022 Scottish Statutory Instrument Tracker Report DPLR Lead Committee SSI Number SSI Title Date Procedure Parliamentary Additional Laid Action Information Report First Report 20 Day Committee Report 40 Day Meeting Due Meeting Name Due Recommendation Date Decision Number Date Date Date Date Date Children (Scotland) Act 2020 (Commencement Attention not 2021/339 (C. 24) 27/09 Laid only 01/11 01/11 05/10 12 ECYP 21/11 15/11 No. 2) Regulations drawn 2021 Fuel Poverty (Targets, Definition and Strategy) Attention not 2021/332 (C. 22) (Scotland) Act 2019 24/09 Laid only 29/10 29/10 05/10 12 NZET 18/11 15/11 drawn (Commencement No. 2) Regulations 2021 Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Attention not 2021/324 20/09 Laid only 25/10 25/10 28/09 8 EFW 14/11 08/11 Company Insolvency drawn Rules Amendment) (Insolvency) 2021 Act of Adjournal (Criminal Procedure Attention not 2021/316 16/09 Laid only 05/10 05/10 28/09 8 CJ 10/11 08/11 Rules 1996 Amendment) drawn (Extradition) 2021 Coronavirus Act 2020 (Suspension: Children Attention not 2021/315 and Young Persons 15/09 Laid only 04/10 04/10 21/09 6 CVDR 09/11 08/11 drawn Social Care) (Scotland) Regulations 2021 Local Electoral Administration and Registration Services Attention 2021/314 (C. 21) (Scotland) Act 2006 14/09 Laid only 03/10 03/10 28/09 8 SPPAC 08/11 01/11 drawn (Commencement No. 6 and Transitional Provision) Order 2021 Scottish Elections (Reform) Act 2020 (Commencement No. 3 Attention not 2021/311 (C. 20) 14/09 Laid only 03/10 03/10 21/09 6 SPPAC 08/11 01/11 and Transitional drawn Provision) Regulations 2021 Act of Sederunt 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Official Report
Meeting date:
26 October 2023
Meeting of the Parliament 26 October 2023
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Last updated:
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