The Housing (Scotland) Act 2010 (Commencement No. 6, Transitional and Savings Provisions) Order 2012

Consent: disposal of land

26.—(1) Sub-paragraph (2) applies in relation to a disposal by a registered social landlord if, before the appointed day—

(a) schedule 9 to the 2001 Act applied to the disposal; and

(b) the registered social landlord has—

(i) served a notice under paragraph 3(2) of schedule 9 to the 2001 Act in relation to the disposal; or

(ii) given the Scottish Ministers notice that it proposes to make the disposal (by applying for consent under section 66(1) of the 2001 Act or otherwise).

(2) Where this sub-paragraph applies, on and after the appointed day—

(a) section 110 and Part 10 of the 2010 Act do not apply to the disposal but section 76 and schedule 9 of the 2001 Act are to continue to apply to the disposal with the following modifications—

(i) references in those provisions to the Scottish Ministers are to be treated as references to the Regulator; and

(ii) references in those provisions to consent under section 66 of the 2001 Act are to be treated as references to consent under Part 9 of the 2010 Act; and

(b) anything done by or in relation to the Scottish Ministers before the appointed day in relation to the disposal is to be regarded as having been so done by or in relation to the Regulator.

(3) Sub-paragraph (2) ceases to have effect in relation to a disposal to which it would otherwise apply if the registered social landlord which proposes to make the disposal does not provide the certification required under paragraph 2(1) of schedule 9 of the 2001 Act before 1st October 2012.