(1) In this Act—
“the 1987 Act” means the Housing (Scotland) Act 1987 (c. 26),
“the 2001 Act” means the Housing (Scotland) Act 2001 (asp 10).
(2) Except where the context otherwise requires, any word or expression used in section 2 or 3 of this Act and in Part II of the 1987 Act has the same meaning in that section as it has for the purposes of that Part.
(1) Except for section 13 and this section, the provisions of this Act come into force on such day as the Scottish Ministers may by order made by statutory instrument appoint.
(2) Different days may be appointed under this section for different purposes.
(3) An order under this section may contain such transitional, transitory and saving provision as the Scottish Ministers think necessary or expedient in connection with the provisions brought into force by the order.
(4) This Act may be cited as the Homelessness etc. (Scotland) Act 2003.
(introduced by section 11)
1 (1) The Conveyancing and Feudal Reform (Scotland) Act 1970 is amended as follows.
(2) After section 19A (notice to occupier of calling-up), insert—
(1) Where a creditor in a standard security over an interest in land used to any extent for residential purposes serves a calling-up notice, the creditor shall give notice of that fact to the local authority in whose area the security subjects are situated, unless the creditor is that local authority.
(2) Notice under subsection (1) shall be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003 (asp 10).”
(3) In section 21 (notice of default), in subsection (2A)—
(a) for “Section 19A of this Act applies” substitute “Sections 19A and 19B of this Act apply”,
(b) for “it applies” substitute “they apply”.
(4) In section 24 (application by creditor to court for remedies on default)—
(a) in subsection (3)—
(i) at the end of paragraph (a), the word “and” is repealed, and
(ii) at the end insert “, and
(c) give notice of the application to the local authority in whose area the security subjects are situated, unless the creditor is that local authority.”,
(b) in subsection (4), for “(3)” substitute “(3)(a) or (b)”,
(c) after subsection (4), insert—
“(4A) Notice under subsection (3)(c) above shall be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003 (asp 10).”
2 After section 12 (extended discretion of court in claims for possession of certain dwelling-houses) of the Rent (Scotland) Act 1984, insert—
(1) Where a landlord raises proceedings for possession of a dwelling-house which is let on a protected tenancy or subject to a statutory tenancy, the landlord shall give notice of the raising of the proceedings to the local authority in whose area the dwelling-house is situated.
(2) Notice under subsection (1) shall be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003 (asp 10).”
3 After section 19 (notice of proceedings for possession of house let on assured tenancy) of the Housing (Scotland) Act 1988, insert—
(1) Where a landlord raises proceedings for possession of a house let on an assured tenancy, the landlord shall give notice of the raising of the proceedings to the local authority in whose area the house is situated, unless the landlord is that local authority.
(2) Notice under subsection (1) above shall be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003 (asp 10).”
4 (1) The 2001 Act is amended as follows.
(2) In section 14 (proceedings for possession of house let on Scottish secure tenancy), after subsection (5), insert—
“(5A) Where a landlord raises proceedings under this section, the landlord must give notice of the raising of the proceedings to the local authority in whose area the house in question is situated, unless the landlord is that local authority.
(5B) Notice under subsection (5A) is to be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003 (asp 10).”
(3) In section 36 (proceedings for possession of house let on short Scottish secure tenancy), after subsection (6), insert—
“(6A) Where a landlord raises proceedings under this section, the landlord must give notice of the raising of the proceedings to the local authority in whose area the house in question is situated, unless the landlord is that local authority.
(6B) Notice under subsection (6A) is to be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003 (asp 10).”
5 In section 4 (notices to debtors, proprietors and occupiers) of the Mortgage Rights (Scotland) Act 2001—
(a) in subsection (4)—
(i) at the end of paragraph (a), the word “and” is repealed,
(ii) at the end insert “, and
(c) give notice of the commencement of the proceedings to the local authority in whose area the security subjects are situated, unless the creditor is that local authority.”,
(b) in subsection (5), for “(4)” substitute “(4)(a) or (b)”,
(c) after subsection (5), insert—
“(5A) Notice under subsection (4)(c) is to be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003 (asp 10).”