Amendment of M1Housing Associations Act 1985

15Extension of sections 44 and 45 of 1985 Act to Scotland

Sections 44 (projects qualifying for housing association grant: repair or improvement after exercise of right to buy etc.) and 45 (projects qualifying for such grant: disposal to tenant of charitable housing association etc.) of the 1985 Act shall apply to Scotland ; and accordingly—

(a)

in the said section 44—

(i)

in subsection (1), after the word "exercise" there shall be inserted the word " — (a) "; and after the words " 1985 " there shall be inserted the following paragraph—“; or

(b)

in Scotland, his right to purchase under section 1 of the M2Tenants' Rights, Etc. (Scotland) Act 1980,”;

(ii)

in subsection (2), after the word " exercised " there shall be inserted the word " — (a) "; and after the word " lease " there shall be inserted the following paragraph—“; or

(b)

in Scotland, the right to purchase,”; and

(iii)

for subsection (3) there shall be substituted the following subsection—

“(3)

" Dwelling-house ", in the application of this section to—

(a)

England and Wales, has the same meaning as in Part V of the M3Housing Act 1985; and

(b)

Scotland, means a house.”; and

(b)

in the said section 45—

(i)

in subsection (2), after the word "for" there shall be inserted the word " — (a) " and at the end there shall be added the following words—“; or

(b)

subsection (11)(e) or (f) of section 1 of the M4Tenants' Rights, Etc. (Scotland) Act 1980 (analogous Scottish provision) would have a right to purchase under that section.”;

(ii)

in subsection (3), at the end there shall be added the words " ; and a dwelling is also publicly funded for this purpose if it is in Scotland and housing association grant has been paid in respect of a project which included its improvement or repair or, where it and another dwelling are both provided for letting under the project, the improvement or repair of that other dwelling. ";

(iii)

in subsection (4), at the beginning there shall be inserted the words " In England and Wales, "; and

(iv)

after subsection (4) there shall be added the following subsection—

“(5)

In Scotland, where a registered housing association concludes missives for the acquisition of a house and, without taking title, disposes of its interest to a tenant to whom this section applies, subsection (1) and the following provisions have effect as if the association first acquired the house and then disposed of it to the tenant—

  • section 8 (disposal of land by registered housing associations),

  • section 9 (consent of Housing Corporation to disposals),

  • section 79(2) (power of Housing Corporation to lend to person acquiring interest from registered housing association), and

  • section 6 of the M5Tenants' Rights, Etc. (Scotland) Act 1980 (recovery of discount on early re-sale).”.