Housing (Scotland) Act 1987

Houses provided for special purposes S

69 Secretary of State’s power to authorise refusal to sell certain houses provided for persons of pensionable age. S

(1) This section applies to a house which has facilities which are substantially different from those of an ordinary house and which has been designed or adapted for occupation by a person of pensionable age whose special needs require accommodation of the kind provided by the house.

F1 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where an application to purchase a house is served on a landlord and it appears to the landlord that—

(a) the house is one to which this section applies; and

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

the landlord may, within one month after service of the application to purchase, instead of serving an offer to sell on the tenant, make an application to the Secretary of State under this section.

(3) An application under subsection (2) shall specify the facilities and features of design or adaptation which in the view of the landlord cause the house to be a house to which this section applies.

(4) Where the Secretary of State has received an application under this section and it appears to him that the house concerned is one to which this section applies, he shall authorise the landlord to serve on the tenant a notice of refusal under this section, which shall be served as soon as is practicable after the authority is given and in any event within one month thereafter.

(5) A notice of refusal served under subsection (4) shall specify the facilities and features specified for the purposes of subsection (3) and that the Secretary of State’s authority for service of the said notice has been given.

(6) Where the Secretary of State refuses an application made under subsection (2), the landlord shall serve on the tenant an offer to sell under section 63(2)—

(a) within the period mentioned in that section; or

(b) where the unexpired portion of that period is less than one month or there is not an unexpired portion of that period, within one month of the Secretary of State’s refusal.

Textual Amendments

F1 S. 69(1A) repealed (30.9.2002) by 2001 asp 10, s. 51(2); S.S.I. 2002/321, art. 2 Sch. (subject to transitional provisions and savings in arts. 3-5)

Modifications etc. (not altering text)

C1 S. 69 modified (13.3.1992) by S.I. 1992/325, regs. 3, 5, 7, Sch. 1

[F2 69A Power to refuse to sell houses required for police purposes S

(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).]

Textual Amendments

F2 S. 69A inserted (1.3.2011) by Housing (Scotland) Act 2010 (asp 17), ss. 144(1), 166(2); S.S.I. 2011/96, art. 2, sch. (with art. 6)

70 Power to refuse to sell certain houses required for educational purposes. S

(1) Where an application to purchase a house is served on [F3 a] council as landlord and—

(a) the house is—

(i) held by the council for the purposes of its functions as education authority; and

(ii) required for the accommodation of a person who is or will be employed by the council for those purposes;

(b) the council is not likely to be able reasonably to provide other suitable accommodation for the person mentioned in paragraph (a)(ii); and

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

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

(2) A refusal by the landlord under subsection (1) shall contain sufficient information to demonstrate that the conditions mentioned in paragraphs (a) and (b) of that subsection are fulfilled in relation to the house.

[F4 (3) In this section “council” means the local authority for Orkney Islands, Shetland Islands or Western Isles.]

Textual Amendments

F3 Words in s. 70(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 152(4)(a); S.I. 1996/323, art. 4

F4 S. 70(3) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 152(4)(b); S.I. 1996/323, art. 4