Search Legislation

Housing (Scotland) Act 2010

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Part 14

 Help about opening options

Version Superseded: 20/11/2014

Status:

Point in time view as at 01/06/2013. This version of this part contains provisions that are not valid for this point in time. Help about Status

Close

Status

Not valid for this point in time generally means that a provision was not in force for the point in time you have selected to view it on.

Changes to legislation:

There are currently no known outstanding effects for the Housing (Scotland) Act 2010, Part 14 . Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Part 14 SRight to buy: reforms

140Re-accommodated persons: protection of right to buyS

Section 61 of the Housing (Scotland) Act 1987 (c.26) is amended as follows—

(a)in subsection (2)(c), for “(11)(n)”, substitute “ (11)(ab), (ac) or (n) ”,

(b)in subsection (10)(b), after sub-paragraph (iii) insert—

(iiia)there shall be disregarded any period beginning with the termination of a tenancy (or of a tenant's interest in a tenancy) under section 18(2), 20(3) or 22(3) of the Housing (Scotland) Act 2001 (asp 10) and ending with the person in question being re-accommodated in pursuance of section 19(3)(b), 21(3)(b) or 22(6) of that Act; and,

(c)in subsection (11), after paragraph (aa) insert—

(ab)any person who provided the tenant with accommodation in pursuance of—

(i)an order for recovery of possession made under section 16(2) of the Housing (Scotland) Act 2001 (asp 10) on any of the grounds set out in paragraphs 9 to 15 of schedule 2 to that Act; or

(ii)section 19(3)(b), 21(3)(b) or 22(6) of that Act;

(ac)any person who provided the tenant with accommodation in pursuance of a decision by the landlord to demolish a house subject to a Scottish secure tenancy as a result of which—

(i)the tenancy was terminated by written agreement between the landlord and the tenant; and

(ii)the accommodation concerned was made available to the tenant;.

Commencement Information

I1S. 140 in force at 1.3.2011 by S.S.I. 2011/96, art. 2, Sch. (with art. 5)

141Limitation on right to buy: new tenantsS

After section 61 of the Housing (Scotland) Act 1987 (c.26) insert—

61ZALimitation on right to purchase: new tenants

(1)Section 61 applies to a house let under a Scottish secure tenancy created on or after the day on which section 141 of the Housing (Scotland) Act 2010 (asp 17) comes into force only if the tenant has, since that day, continuously been in occupation of a house (including accommodation provided as mentioned in section 61(11)(ab), (ac) or (n)) or of a succession of houses provided by any persons mentioned in section 61(11).

(2)For the purpose of determining such a period of continuous occupation—

(a)there shall be disregarded any period beginning with the termination of a tenancy (or of the tenant's interest in a tenancy) under section 18(2), 20(3) or 22(3) of the Housing (Scotland) Act 2001 (asp 10) and ending with the tenant being re-accommodated in pursuance of section 19(3)(b), 21(3)(b) or 22(6) of that Act; and

(b)the landlord may disregard any interruption in occupation which appears to it to result from circumstances outwith the control of the tenant in question..

Commencement Information

I2S. 141 in force at 1.3.2011 by S.S.I. 2011/96, art. 2, Sch.

142Pressured areas: amendmentsS

(1)Section 61B of the Housing (Scotland) Act 1987 (c.26) is amended as follows—

(a)in subsection (1), for the words from the beginning to “authority's” substitute “ A local authority may designate any part of their ”,

(b)after subsection (1) insert—

(1A)A designation under subsection (1) may be made—

(a)generally in relation to all houses in the area designated which tenants have the right to purchase under section 61(1), or

(b)in relation to particular types of such houses only.

(1B)Where a designation relates only to a particular type of house in the area designated as a pressured area, the references in subsections (3), (4) and (7) to a house are to be read in connection with that designation as referring only to a house of that type.

(1C)A designation under subsection (1) has effect for such period, not exceeding 10 years, as the local authority may specify.,

(c)subsection (2) is repealed,

(d)in subsection (5), after paragraph (a) insert—

(aa)where the designation relates only to a particular type of house in the area designated as a pressured area, specify the type in question,,

(e)in subsection (8), for the words from “Scottish” to “revocation” substitute “ local authority at any time ”,

(f)in subsection (9), for “proposal” substitute “ designation ”,

(g)in subsection (10), after second “area” insert “ in relation to any type of house to which the designation relates ”.

(2)Section 61C of the Housing (Scotland) Act 1987 (c.26) is amended as follows—

(a)subsections (1) and (2) are repealed,

(b)in subsection (3)—

(i)for “a proposal” substitute “ , amending or revoking a designation ”,

(ii)for “shall consult” substitute shall—

(a)take such steps as are reasonable to publicise its proposal to make, amend or revoke the designation and its reasons for so proposing, and

(b)consult—, and

(iii)old paragraphs (a) and (b) become sub-paragraphs (i) and (ii) of the new paragraph (b),

(c)after subsection (3) insert—

(4)A local authority proposing to make, amend or revoke a designation under section 61B(1) must, before doing so, have regard to any guidance issued by the Scottish Ministers about—

(a)how and when they should do so,

(b)the information which they should take into account before doing so, and

(c)the terms of such designations..

Commencement Information

I3S. 142 in force at 30.6.2011 by S.S.I. 2011/96, art. 2, Sch.

143Limitation on right to buy: new supply social housingS

After section 61E of the Housing (Scotland) Act 1987 (c.26) insert—

61FLimitation on right to purchase: new supply social housing

(1)Section 61 does not apply to a new supply social house.

(2)Subsection (1) does not affect the right of a tenant to purchase a new supply social house under this Part if—

(a)the tenant moved to the new supply social house in pursuance of—

(i)an order for recovery of possession made under section 16(2) of the Housing (Scotland) Act 2001 (asp 10), on any of the grounds set out in paragraphs 9 to 15 of schedule 2 to that Act, in respect of a house subject to a Scottish secure tenancy created before the relevant day; or

(ii)the operation of section 19(3)(b), 21(3)(b) or 22(6) of that Act following termination of a Scottish secure tenancy created before the relevant day;

(b)the tenant moved to the new supply social house from a house subject to a Scottish secure tenancy created before the relevant day in pursuance of a decision by the landlord to demolish that other house as a result of which—

(i)the tenancy of that other house was terminated by written agreement between the landlord and the tenant; and

(ii)the new supply social house was made available to the tenant;

(c)the tenant occupied the new supply social house immediately before the relevant day under a short Scottish secure tenancy which has, since that day, been converted into a Scottish secure tenancy under section 37 of the Housing (Scotland) Act 2001 (asp 10); or

(d)the landlord failed to give the tenant notice (in the prescribed form) of the effect of subsection (1)––

(i)where the landlord acquired the new supply social house from the tenant, at least 7 days before the missives for that acquisition were concluded; or

(ii)in any other case, at least 7 days before the creation of the Scottish secure tenancy to which the new supply social house is subject.

(3)In this section—

  • new supply social house” means a house let under a Scottish secure tenancy created on or after the relevant day which—

    (a)

    was not let under a Scottish secure tenancy on or before 25 June 2008; or

    (b)

    was acquired by the landlord on or after 25 June 2008; and

  • relevant day” means the day on which section 143 of the Housing (Scotland) Act 2010 (asp 17) comes into force..

Commencement Information

I4S. 143 in force at 3.1.2011 for specified purposes by S.S.I. 2010/444, art. 2

I5S. 143 in force at 1.3.2011 in so far as not already in force by S.S.I. 2011/96, art. 2, Sch.

144Limitation on right to buy: police housingS

(1)After section 69 of the Housing (Scotland) Act 1987 (c.26) insert—

69APower to refuse to sell houses required for police purposes

(1)Subsection (2) applies where—

(a)an application to purchase is served on a local authority landlord in relation to a house which it holds for the purposes of a police force (within the meaning of the Police (Scotland) Act 1967 (c.77)); and

(b)the tenant would, apart from this section, have a right under section 61 to purchase the house.

(2)The landlord may, within one month of service of the application to purchase, serve a notice of refusal on the tenant.

(3)In determining whether to serve a notice of refusal under subsection (2), the landlord must have regard to—

(a)the likely impact which the proposed purchase would have on police operations and resources; and

(b)any representations by the tenant which indicate special reasons for wishing to purchase the house.

(4)The landlord must, in particular, consider—

(a)whether the policing needs of the area in which the house is situated are such that it would be desirable for the house to be occupied by a constable;

(b)whether it is likely to be able reasonably to provide other suitable accommodation for a constable in that area;

(c)whether it is likely that a constable may need to be accommodated in that area at short notice;

(d)any representations by the tenant about—

(i)the tenant's state of health; or

(ii)family associations or other special circumstances by reason of which the tenant has a local connection to that area.

(5)A refusal by the landlord under subsection (2) shall contain sufficient information to demonstrate that it has had regard to the matters mentioned in subsection (3)..

(2)In section 338(1) of the Housing (Scotland) Act 1987 (c.26), after the definition of “local authority” insert—

local authority landlord” has the same meaning as in the Housing (Scotland) Act 2001 (asp 10);.

Commencement Information

I6S. 144 in force at 1.3.2011 by S.S.I. 2011/96, art. 2, Sch. (with art. 6)

145Duty to collect and publish information: local authority housing stockS

(1)As soon as reasonably practicable after the end of each financial year, the Scottish Ministers must collect and publish information on the matters described in subsection (2) in respect of each local authority.

(2)Those matters are—

(a)the number of houses sold under the right to buy,

(b)the receipts derived from these sales,

(c)how much new debt has been incurred in respect of local authority housing stock, and

(d)how much existing debt in respect of local authority housing stock has been repaid,

during that financial year.

Commencement Information

I7 S. 145 in force at 1.4.2013 by S.S.I. 2012/283, art. 2 (with art. 4)

146Duty to collect and publish information: tenants eligible for right to buyS

(1)As soon as reasonably practicable after the end of each financial year, the Scottish Ministers must collect and publish information on the matters described in subsection (2) in respect of each local authority.

(2)Those matters are the number of tenants with the right to buy the house to which their tenancy applies during that financial year—

(a)under the conditions set out in article 4 of the Housing (Scotland) Act 2001 (Scottish Secure Tenancy etc.) Order 2002 (SSI 2002/318), and

(b)under section 61 of the Housing (Scotland) Act 1987 (c.26).

Commencement Information

I8 S. 146 in force at 1.4.2013 by S.S.I. 2012/283, art. 2 (with art. 4)

Valid from 20/11/2014

147Duty to collect and publish information: sale of houses by registered social landlordsS

(1)As soon as reasonably practicable after the end of each financial year, the Scottish Ministers must collect and publish information on the matters described in subsection (2) in respect of each registered social landlord during that financial year.

(2)Those matters are—

(a)the number of houses sold under the right to buy, and

(b)the receipts derived from these sales.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources