C1C2C3C4C5PART V THE RIGHT TO BUY

Annotations:
Modifications etc. (not altering text)
C3

Pt. V (ss. 118-188) applied (with modifications) (11.10.1993) by S.I. 1993/2240, art. 3, Sch.

Pt. V (ss. 118-188) modified (11.10.1993) by S.I. 1993/2241, regs.2, 3, Schs. 1-4.

Pt. V (ss. 118-188) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(c)

Pt. V (ss. 118-188): power to modify conferred (1.8.1996) by 1996 c. 52, s. 17(2)(3) (with s. 54(1)); S.I. 1996/2048, art. 2(1)

C4

Pt. V (ss. 118-188) applied (1.8.1996) by 1996 c. 52, s. 17(2)(3) (with s. 54(1)); S.I. 1996/2048, art. 2(1)

C5

Pt. V (ss. 118-188) restricted (4.2.1997) by 1996 c. 52, s. 130(4); S.I. 1997/66, art. 2 (subject to savings in Sch.)

F1 Preservation of right to buy on disposal to private sector landlord

Annotations:
Amendments (Textual)

171CF2 Modifications of this Part in relation to preserved right.

1

Where the right to buy is preserved, the provisions of this Part have effect subject to such exceptions, adaptations and other modifications as may be prescribed by regulations made by the Secretary of State.

2

The regulations may in particular provide—

a

that paragraphs F31, 3 and 5 to 11 of Schedule 5 (certain exceptions to the right to buy) do not apply;

b

that the right to a mortgage is exercisable against the former landlord or, if the former landlord was a housing association, against the F4Corporation;

c

that the provisions of this Part relating to the right to be granted a shared ownership lease do not apply; and

d

that the landlord is not required to but may include a covenant for the repayment of discount, provided its terms are no more onerous than those of the covenant provided for in section 155.

3

The prescribed exceptions, adaptations and other modifications shall take the form of textual amendments of the provisions of this Part as they apply in cases where the right to buy is preserved; and the first regulations, and any subsequent consolidating regulations, shall set out the provisions of this Part as they so apply.

4

The regulations—

a

may make different provision for different cases or descriptions of case, including different provision for different areas,

b

may contain such incidental, supplementary and transitional provisions as the Secretary of State considers appropriate, and

c

shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F55

The disapplication by the regulations of paragraph 1 of Schedule 5 shall not be taken to authorise any action on the part of a charity which would conflict with the trusts of the charity.