The Cost of Living (Tenant Protection) (Scotland) Act 2022: report -1 October to 31 December 2023

This report to the Scottish Parliament on the Cost of Living (Tenant Protection) (Scotland) Act 2022 covers the period 1 October 2023 to 31 December 2023. It provides a review of the status and operation of the remaining provisions in part 1.


7. Reporting on related Scottish Statutory Instruments

7.1 Section 9(2)(a) requires that the Scottish Ministers must set out how any powers under Part 1 of the Act have been exercised, including through the use of Scottish Statutory Instruments (SSIs). Information on SSIs brought into force as a result of Part 1 of the Act are included in the table below:

SSI title: The Assured Tenancies and Private Residential Tenancies (Prescribed Notices and Forms) (Miscellaneous Temporary Modifications) (Scotland) Regulations 2022

Power under which SSI was made: Sections 19(3) and 53(3) of the Housing (Scotland) Act 1988, sections 62(1)(d) and 77(1) of the Private Housing (Tenancies) (Scotland) Act 2016

Parliamentary procedure to which SSI was subject: Negative

Date(s) of commencement: 28 October 2022

Period for which it has effect: Until Part 1 expires

Status at end of the reporting period (31 December 2022): Commenced and still in force

SSI title: The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Early Expiry and Suspension of Provisions) Regulations 2023

Power under which SSI was made: Sections 6(1)(a) and 8(1) of the Cost of Living (Tenant Protection) (Scotland) Act 2022

Parliamentary procedure to which SSI was subject: Negative

Date(s) of commencement: Expiry Regulations came into force on 26 February 2023. Suspension Regulations came into force on 30 March 2023.

Period for which it has effect: Until Part 1 expires

Status at end of the reporting period (31 December 2022): Commenced and still in force

SSI title: The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Amendment of Expiry Dates and Rent Cap Modification) Regulations 2023

Power under which SSI was made: Sections 5 and 7(3)(a) of the Cost of Living (Tenant Protection) (Scotland) Act 2022(1), sections 23A(3), 24J(2) and 53(3) of the Housing (Scotland) Act 1988(2), sections 21A(3), 33F(2) and 77(1) of the Private Housing (Tenancies) (Scotland) Act 2016(3).

Parliamentary procedure to which SSI was subject: Affirmative

Date(s) of commencement: 1 April 2023

Period for which it has effect: Until Part 1 expires

Status at end of the reporting period (31 December 2022): Commenced and still in force

SSI title: The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Amendment of Expiry Date) Regulations 2023

Power under which SSI was made: Section 7(3)(b) of the Cost of Living (Tenant Protection) (Scotland) Act 2022

Parliamentary procedure to which SSI was subject: Affirmative

Date(s) of commencement: 1 October 2023

Period for which it has effect: Until Part 1 expires

Status at end of the reporting period (31 December 2022): Commenced and still in force

SSI title: The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Incidental Provision) Regulations 2023

Power under which SSI was made: Section 12(1) of the Cost of Living (Tenant Protection) (Scotland) Act 2022

Parliamentary procedure to which SSI was subject: Affirmative

Date(s) of commencement: 31 October 2023

Period for which it has effect: Until Part 1 expires

Status at end of the reporting period (31 December 2022): Commenced and still in force

Contact

Email: housing.legislation@gov.scot

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