The Domestic Abuse (Protection) (Scotland) Act 2021 (Commencement No. 1) Regulations 2025

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

These Regulations bring into force, on 1 August 2026, sections 2, 3 and 22 of the Domestic Abuse (Protection) (Scotland) Act 2021 (“ the Act ”). Sections 2 and 3 are commenced for the purposes of Part 2 of the Act. Section 2 of the Act provides a meaning of “ abusive behaviour ” for the purposes of Part 1 of the Act, and section 3 provides additional clarification as to what behaviour constitutes “abusive behaviour”. The description in section 3 is non-exhaustive.

Section 22 of the Act amends sections 14 and 16 and schedule 2 of the Housing (Scotland) Act 2001 (asp 10 , “the 2001 Act”). Section 22(4) inserts paragraph 15A into schedule 2 of the 2001 Act, creating a new ground on which the landlord under a Scottish secure tenancy may raise court proceedings under section 14 of the 2001 Act. The definitions in sections 2 and 3 of the Act are cross-referenced in the new paragraph 15A.

On this new ground, the landlord may raise proceedings either: for recovery of possession of the house (in the case of a sole tenant), or for termination of the tenant’s interest in the tenancy (in the case of a joint tenant).