
1 
This Order may be cited as the Private Landlord Registration (Modification) (Scotland) Order 2005 and shall come into force on 1st January 2006.
2 
Section 83 of the Antisocial Behaviour etc. (Scotland) Act 2004 is modified as follows–
(a) omit “or” which immediately follows subsection (6)(c); and
(b) after subsection (6)(d) insert–“
(e) the house is the only or main residence of the relevant person;
(f) the house is–
(i) on agricultural land which is land comprised in a lease constituting a 1991 Act tenancy within the meaning of the Agricultural Holdings (Scotland) Act 2003 or comprised in a lease constituting a short limited duration tenancy or limited duration tenancy (within the meaning of that Act); and
(ii) occupied by the tenant of the relevant lease;
(g) the house is on a croft (within the meaning of section 3 of the Crofters (Scotland) Act 1993);
(h) the house is–
(i) on a holding to which any of the provisions of the Small Landholders (Scotland) Acts 1886 to 1931 applies;
(ii) not situated in the crofting counties (within the meaning of the Crofters (Scotland) Act 1993); and
(iii) occupied by the landholder;
(i) the house is occupied by virtue of a liferent;
(j) the house is–
(i) owned by an organisation which has the advancement of religion as its principal purpose and the regular holding of worship as its principal activity; and
(ii) occupied by a person whose principal responsibility is the leading of members of the organisation in worship and preaching the faith of that organisation;
(k) the house is part of an estate of a deceased person and has been held by an executor for a period not exceeding 6 months from the date of death; or
(l) the house is in the lawful possession of a heritable creditor and has been held by that creditor for a period not exceeding 6 months from the date of possession.”.
MALCOLM CHISHOLM
A member of the Scottish Executive
St Andrew’s House, Edinburgh
16th December 2005