I'm a bit confused by Scottish Law! ...It is happening under the Housing (Scotland) Act 2014 ...
- Any new tenancy from 1 December 2015 must have an Electrical Installation Condition Report (EICR)
- Any exisiting tenancy must have an EICR by 1 December 2016, so there will be a 1 year period to bring exisiting tenancies up to standard.
... however I'm not sure if this is still a proposal or actually in force through a commencement order / Ministers guidance.
Since this Act, which specifies specific 'compliance dates' (1st December 2015/2016), has already received Royal Assent, is it really necessary for anything else to happen for that Act to "be in force"?Housing (Scotland) Act 2014 ... 2014 asp 14 ... The Bill for this Act of the Scottish Parliament was passed by the Parliament on 25th June 2014 and received Royal Assent on 1st August 2014
Apologies - I made the mistake of assuming that the dates quoted by OwainDIYer came from the Act - but, as I presume you have discovered, that is not the case. In fact, all the Act says is:can't see these compliance dates? ... can anyone give a link please?
... so it's a question of whether or not the Minsiters have yet decreed and, if so, what they have decreed about implementation/compliance dates. Maybe Owain can help.104 Commencement ... (3)The other provisions of this Act [and that includes the bits we're interested in] come into force on such day as the Scottish Ministers may by order appoint.
That's an interesting point and, in the apparent absence of any definitions in this Act (maybe they exist in "the 2006 Act", which I haven't looked at?) one cannot tell what the legal interpretation would be - and, if there are no definitions, it will presumably be down to 'the Ministers' to determine the nature and scope of the required 'inspection'.There's no mention of EICR's in the link/legislation (only the repairing standard), although an 'inspection scope' EICR (plus PAT) would seem to be the obvious route to comply with the legislation. Additionally there's no mention of testing (only 'inspection', repeatedly) and as such it seems likely that ELFI's 2nd scenario seems rather more likely than the first.
If we replace the "electrical" with "GAS" do we meet the same level of resistance(no pun intended) to inspection and testing, I think not ……. both have the potential ( no pun intended ) to kill.Are tenants in Scotland dropping like flies or is this a typical bureaucratic solution to a problem that does not exist.
Will it result in -
Your installation and appliances have been thoroughly inspected.
That's £250 please.
Here is the report with improvements required which will be another £200.
or -
Put your name and address on this worthless piece of paper to cover your a**e.
That's £50 please.
Please be quick; I have seven more to do today.
Oh. Where's my socket and see tester?
The Scottish Ministers must publish guidance on the carrying out of inspections.
Any idea where one can find that guidance? Should be an interesting read.
As I said easy to see with PAT testing but the same is true for installation testing. To test all one should if following what is taught when one takes the C&G 2391 then it would take a long time to fully test a house.
The Scottish Ministers must publish guidance on the carrying out of inspections.
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