Housing (Scotland) Act 2001

Disposal of land and related matters S

65 Power of registered social landlord to dispose of land S

(1) A registered social landlord has power by virtue of this section, but not otherwise, to dispose, in such manner as it thinks fit, of land held by it.

(2) Subsection (1)—

(a) is without prejudice to Part III (the right to buy) of the 1987 Act,

(b) has effect subject to sections 66 to 68 and 76 of, and schedules 7 and 9 to, this Act.

Commencement Information

I1 S. 65 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

66 Consent required for disposal of land by registered social landlord S

(1) The written consent of the Scottish Ministers is required for any disposal of land by a registered social landlord under section 65.

(2) The consent of the Scottish Ministers may be given—

(a) generally to all registered social landlords or to a particular landlord or description of landlords,

(b) in relation to particular land or a particular description of land,

(c) in relation to a particular disposal or a particular description of disposal,

and may be given subject to conditions.

(3) In considering whether to give consent under this section the Scottish Ministers must have regard to the views expressed by those consulted under section 68.

(4) A disposal by a landlord which requires consent under this section is valid in favour of a person claiming under the landlord despite that consent not having been given; and a person dealing with the landlord, or with a person claiming under the landlord, is not concerned to see or inquire whether any such consent has been given.

(5) Where at the time of its removal from the register of social landlords a body owns land, this section continues to apply to that land after the removal as if the body concerned continued to be a registered social landlord.

(6) In this section, “disposal” means sale, lease, heritable security, charge or any other disposal.

Commencement Information

I2 S. 66 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

67 Disposals not requiring consent S

(1) Section 66 does not apply to a disposal by a registered social landlord by way of—

(a) a lease under a Scottish secure tenancy, or what would be a Scottish secure tenancy but for schedule 1,

(b) a lease under a short Scottish secure tenancy,

(c) a lease under an assured tenancy or an assured agricultural occupancy,

(d) a lease under what would be an assured tenancy but for any of paragraphs 3 to 8 and 12 of Schedule 4 to the 1988 Act, or

(e) a disposal under Part III (the right to buy) of the 1987 Act.

(2) The Scottish Ministers may by order specify additional disposals to which section 66 does not apply.

(3) In this section, “assured agricultural occupancy” has the same meaning as in Part I of the Housing Act 1988 (c.50).

Commencement Information

I3 S. 67 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

68 Disposals of land: consultation with tenants S

(1) This section applies where a registered social landlord proposes to make a disposal of land under section 65 other than—

(a) a disposal which does not require the consent of the Scottish Ministers under section 66,

(b) a disposal to which schedule 9 applies, or

(c) a disposal of an interest by way of security for a loan.

(2) Where this section applies, the landlord must consult—

(a) the tenants of those of its houses included in the disposal, and

(b) such other persons as the Scottish Ministers may require,

and must inform the Scottish Ministers of the views expressed by those consulted.

Commencement Information

I4 S. 68 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))