Statutory Instrument 1988 No. 2068 (S.198)

The Assured Tenancies (Exceptions) (Scotland) Regulations 1988

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1988 No. 2068 (S.198)

LANDLORD AND TENANT, SCOTLAND

The Assured Tenancies (Exceptions) (Scotland) Regulations 1988

The Secretary of State, in exercise of the powers conferred on him by section 53(3) of the Housing (Scotland) Act 1988 ^[1]and paragraph 7 of Schedule 4 to that Act, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

    1.    These Regulations may be cited as the Assured Tenancies (Exceptions) (Scotland) Regulations 1988 and shall come into force on 2nd January 1989.

    2.    For the purposes of paragraph 7 of Schedule 4 to the Housing (Scotland) Act 1988 (tenancies granted to a person who is pursuing or intends to pursue a course of study which cannot be assured tenancies), there are specified the following educational institutions and bodies of persons or classes thereof:—
 (a) any university, university college and any constituent college, school or hall of a university;
 (b) any central institution within the meaning of section 135(1) of the Education (Scotland) Act 1980 ^[2];
 (c) any college of education within the meaning of that section;
 (d) any institution for the provision of further education within the meaning of that section which is administered by an education authority;
 (e) any association approved by the Secretary of State under regulation 8 of the Further Education (Scotland) Regulations 1959 ^[3]; and (f) The Royal College of Surgeons of Edinburgh.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office
St Andrew's House, Edinburgh

28th November 1988

Section 12(2) of the Housing (Scotland) Act 1988 provides that if and so long as a tenancy falls within any paragraph of Schedule 4 to the Act, it cannot be an assured tenancy. Paragraph 7(1) of that Schedule provides that a tenancy which is granted to a person who is pursuing or intends to pursue a course of study provided by a specified educational institution and is so granted by that institution or by another specified institution or body of persons is such a tenancy.

These Regulations specify the educational institutions and bodies of persons, or classes thereof, for the purposes of that paragraph.

[1] 1988 c. 43 back

[2] 1980 c. 44 back

[3] S.I. 1959/477, to which there are amendments not relevant to these Regulations. back