Citation, commencement and interpretation

1.-(1) This Order may be cited as the Housing (Scotland) Act 2014 (Commencement No. 6 and Transitional Provision) Order 2016 and comes into force on 23rd December 2016.

(2) In this Order "the Act" means the Housing (Scotland) Act 2014.

Appointed days

2.  The day appointed for the coming into force of the provisions of the Act specified in column 1 of the schedule (the subject matter of which is described in column 2 of the schedule) is specified in column 3 of the schedule.

Transitional provision

3.-(1) Despite the commencement of section 44 (offence of operating as a letting agent without registration) of the Act, it is not an offence under subsection (1) of that section for a person who is not a registered letting agent to carry out letting agency work if-

(a)the person has, before 31st September 2018, made an application under section 30 of the Act, to be entered in the register; and

(b)the application has not yet been finally determined.

(2) For the purpose of paragraph (1)(b), an application is finally determined when-

(a)the applicant is entered in the register;

(b)it is withdrawn; or

(c)it is refused and either-

(i)the time limit for appeal against refusal expires without an appeal having been made; or

(ii)an appeal against refusal is dismissed or abandoned.

Article 2

SCHEDULE

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force various provisions of the Housing (Scotland) Act 2014 ("the Act").

Article 2 and the schedule appoint 1st May 2017 for the commencement of the remaining provisions in Part 5 (mobile home sites with permanent residents) of the Act.

31st January 2018 is the day appointed for the coming into force of the majority of the provisions in Part 4 (letting agents) of the Act.

Section 44 (offence of operating as a letting agent without registration) of the Act will come into force on 31st September 2018 which gives a period of 8 months from the date the register of letting agents is established before that offence provision is in force. Article 3 ensures that the offence provision will not apply if by that date an application has been made but has not been finally determined.

Sections 100, 101, 102, 104 and 105 of the Act come into force on the day the Bill for the Act received Royal Assent: 1st August 2014

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Housing (Scotland) Act 2014 have been brought into force by commencement orders made before the date of this Order.