Part 4Tenancy deposits
I1121Tenancy deposit schemes: regulatory framework
1
The Scottish Ministers may by regulations (“tenancy deposit regulations”)—
a
set out conditions which a tenancy deposit scheme must meet before they can approve it under section 122,
b
make such further provision about tenancy deposit schemes as they think fit.
2
Tenancy deposit regulations may, in particular—
a
make provision about the manner and circumstances in which tenancy deposits must be paid, held and repaid under an approved scheme,
b
impose sanctions for failing to participate in, or to comply with, an approved scheme,
c
set out a mechanism for resolving disputes relating to an approved scheme,
d
prescribe the type of person who may administer an approved scheme,
e
authorise the Scottish Ministers to make payments, or to give guarantees or other assistance, in connection with—
i
the creation, administration or operation of an approved scheme,
ii
the resolution of disputes relating to an approved scheme,
f
set the amount, or the maximum amount, of any fee which may be charged in connection with an approved scheme,
g
prescribe arrangements for publicising approved schemes.
3
But tenancy deposit regulations may not—
a
prescribe circumstances in which tenancy deposits must be paid under a tenancy or an occupancy arrangement,
b
create offences.