30.Having received a report following a periodic assessment of rent conditions (under section 1(1)), an interim assessment of rent conditions (under section 3(2) or (5)) or a further assessment of rent conditions (under section 5(2)) from a local authority, the Scottish Ministers may, by regulations made under section 9(1), designate all or part (or parts) of the area of the local authority as a rent control area. But the Scottish Ministers may only designate an area as a rent control area if they are satisfied that restricting the rate of increase in rent payable under PRTs of properties in the area is both necessary and proportionate for the purpose of protecting the social and economic interests of tenants in the area, and is a necessary and proportionate control of landlords’ use of their property in the area (see subsection (2)).
31.Any regulations made under subsection (1) may remain in force for a maximum of 5 years (but new regulations may be made covering that area if considered appropriate by the Scottish Ministers under further regulations made in exercise of the power conferred by subsection (1)). Regulations under subsection (1) may not be made by the Scottish Ministers unless a draft of them has been laid before, and approved by, the Scottish Parliament in accordance with the affirmative procedure under section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (see section 82(3)).
Crown Application Part 1 – Rent Ministers’ decision on whether to designate rent control area Section 9 - Power to designate rent control area