Modifications etc. (not altering text)
C1Pt. I (ss. 1-23) restricted (19.8.1996) by 1996 c. 49, s. 9; S.I. 1996/2127, art. 2, Sch. Pt. I
C2Pt. I modified (1.12.2014 for specified purposes, 1.2.2016 for E. in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 3 para. 2(4); S.I. 2014/2771, art. 6(1)(m); S.I. 2016/11, art. 2(m)
(1)Subject to section 74(2) of the M1Local Government (Scotland) Act 1973 (restriction on disposal of land) but notwithstanding anything contained in section 12(6) or in any other enactment, a local authority may sell any house to which this section applies without the consent of the Secretary of State.
(2)This section applies to a house provided for the purposes of this Part, where—
(a)the house is being sold to a tenant or to members of his family who normally reside with him (or to a tenant together with such members of his family, as joint purchasers) [F1or, in pursuance of [F2Part 11 of the Housing (Scotland) Act 2010 (asp 17)] (change of landlord)]; or
(b)the house is unoccupied and—
(i)it is not held on the housing revenue account maintained in terms of section 203; or
(ii)it is held on the housing revenue account and it is, in the opinion of the local authority, either surplus to its requirements or difficult to let, because it has been continuously vacant for a period of not less than 3 months immediately prior to the date of the sale and during that period it has been on unrestricted offer to any applicant on the local authority’s housing list (within the meaning of section 19 (admission to housing list)).
Textual Amendments
F1Words added by Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 56(11)
F2Words in s. 14(2)(a) substituted (1.4.2012) by Housing (Scotland) Act 2010 (asp 17), s. 166(2), sch. 2 para. 3(3); S.S.I. 2012/39, art. 2, sch. 1 (with sch. 2) (as amended (1.4.2012) by S.S.I. 2012/91, art. 4)
Marginal Citations