PART III S RIGHTS OF PUBLIC SECTOR TENANTS

General S

82 [F1 Interpretation of sections 14, 19 and 20] S

In F2 ... sections 14, 19, [F3 and 20], except where provision is made to the contrary,

• F4 ...

• “family” and any reference to membership thereof shall be construed in accordance with section 83;

• F5 ...

• F4 ...

• F4 ...

• “landlord” means a person who lets a house to a tenant for human habitation, and includes his successors in title;

• F4 ...

• F4 ...

• F6 . . .

• F6 . . .

• F4 ...

• “tenancy” means any agreement under which a house is made available for occupation for human habitation, and “leases”, “let” and “lets” shall be construed accordingly;

• “tenant” means a person who leases a house from a landlord and who derives his right therein directly from the landlord, and in the case of joint tenancies means all the tenants.

Textual Amendments

F1 S. 82 heading substituted (1.8.2016) by virtue of Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 2 para. 4(8); S.S.I. 2014/264, art. 2, sch. (with art. 4)

F2 Words in s. 82 repealed (1.8.2016) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 2 para. 4(7)(a); S.S.I. 2014/264, art. 2, sch. (with art. 4)

F3 Words in s. 82 substituted (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(18)(a); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

F4 Words in s. 82 repealed (1.8.2016) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 2 para. 4(7)(b); S.S.I. 2014/264, art. 2, sch. (with art. 4)

F5 Words in s. 82 repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 2; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F6 Definitions of

“rent to loan purchaser”

and

“rent to loan scheme”

in s. 82 repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(18)(b); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

Modifications etc. (not altering text)

C1 S. 82 modified (13.3.1992) by S.I. 1992/325, regs. 3, 5, 7, Sch. 1

83 Members of a person’s family. S

(1) A person is a member of another’s family for the purposes of this Act if—

(a) he is the spouse [F7 or civil partner] of that person or he and that person live together as husband and wife [F8 or in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex]; or

(b) he is that person’s parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece.

(2) For the purposes of subsection (1)(b)—

(a) a relationship by marriage [F9 or by virtue of civil partnership] shall be treated as a relationship by blood;

(b) a relationship of the half-blood shall be treated as a relationship of the whole blood;

(c) the stepchild of a person shall be treated as his child; and

[F10 (ca) a person brought up or treated by another person as if the person were the child of the other person shall be treated as that person’s child;]

(d) a child shall be treated as such whether or not his parents are married.

[F11 (3) Except in subsection (1)(a), references in this Act to a person’s spouse include references to [F12 that person’s civil partner or to] another person living together with that person as husband and wife or in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex.]

Textual Amendments

F7 Words in s. 83(1)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 54(a); S.S.I. 2005/604, arts. 2(c), 4

F8 Words in s. 83(1)(a) inserted (1.10.2001) by 2001 asp 10, s. 108(3)(a); S.S.I. 2001/336, art. 2(2), Sch. Pt. I (with transitional provisions and savings in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

F9 Words in s. 83(2)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 54(b); S.S.I. 2005/604, arts. 2(c), 4

F10 S. 83(2)(ca) inserted (1.10.2001) by 2001 asp 10, s. 108(3)(b); S.S.I. 2001/336, art. 2(2), Sch. Pt. I (with transitional provisions and savings in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

F11 S. 83(3) inserted (1.10.2001) by 2001 asp 10, s. 108(3)(c); S.S.I. 2001/336, art. 2(2), Sch. Pt. I (with transitional provisions and savings in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

F12 Words in s. 83(3) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 54(c); S.S.I. 2005/604, arts. 2(c), 4

Modifications etc. (not altering text)

C2 S. 83 applied by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 37(4), 52

C3 S. 83 modified (13.3.1992) by S.I. 1992/325, regs. 3, 5, 7, Sch. 1

F13 84 Service of notices. S

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Textual Amendments

F13 S. 84 repealed (1.8.2016) by Housing (Scotland) Act 2014 (asp 14), ss. 1(1), 104(3); S.S.I. 2014/264, art. 2, sch. (with art. 4)

F14 84A Application of right to buy to cases where landlord is lessee. S

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Textual Amendments

F14 S. 84A repealed (1.8.2016) by Housing (Scotland) Act 2014 (asp 14), ss. 1(1), 104(3); S.S.I. 2014/264, art. 2, sch. (with art. 4)