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)
“; or
(b)
in Scotland, his right to purchase under section 1 of the M2Tenants' Rights, Etc. (Scotland) Act 1980,”;
(ii)
“; or
(b)
in Scotland, the right to purchase,”; and
(iii)
“(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)
“; 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)
“(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).”.