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Scottish Statutory Instruments
2023 No. 116
Housing
The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Incidental Provision) Regulations 2023
Made
30th March 2023
Coming into force
31st March 2023
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 12(1) of the Cost of Living (Tenant Protection) (Scotland) Act 2022( 1) and all other powers enabling them to do so.
In accordance with section 12(5)(a) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement
1.—(1) These Regulations may be cited as the Cost of Living (Tenant Protection) (Scotland) Act 2022 (Incidental Provision) Regulations 2023.
(2) These Regulations come into force on the day after the day on which they are made.
Amendment of the Cost of Living (Tenant Protection) (Scotland) Act 2022
2.—(1) Paragraph 1 of schedule 3 of the Cost of Living (Tenant Protection) (Scotland) Act 2022 (rent adjudication: power to modify) is amended as follows.
(2) In sub-paragraph (2)—
(a) in the opening words, for “section 34” substitute “section 33”,
(b) in the inserted text—
(i) the inserted section is renumbered as section 33ZA (of the Private Housing (Tenancies) (Scotland) Act 2016( 2)),
(ii) the title of the section becomes “Power to modify Chapter 2”,
(iii) the italic heading before the section becomes “Power to modify Chapter 2”.
(3) In sub-paragraph (3), for ““34A”” substitute ““33ZA””.
PATRICK HARVIE
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
30th March 2023
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make incidental provision for the purposes of, and to give full effect to, the Cost of Living (Tenant Protection) (Scotland) Act 2022 (“ the 2022 Act”). This will ensure the new section inserted into Chapter 2 of Part 4 of the Private Housing (Tenancies) (Scotland) Act 2016 (“ the 2016 Act”) by schedule 3 of the 2022 Act, as intended.
Regulation 2(2) renumbers the new section and amends the title of the section (and the preceding italic heading) to make it clear that the power is intended to permit modification of Chapter 2 of Part 4 of the 2016 Act.
Regulation 2(3) amends section 77 of the 2016 Act (regulation-making powers) in consequence of the renumbering.
2022 asp 10. Per section 12(2), regulations under section 12(1) may modify any enactment.