(1)Subject to subsection (2), where, but for the fact that a landlord is not the heritable proprietor of land on which houses have been let (or made available for letting) by it, one or more of its tenants would have a right to purchase under section 61, the Secretary of State may by order made by statutory instrument provide that the whole of the heritable proprietor’s interest in the land shall vest in the landlord.
(2)An order under this section shall only be made where—
(a)heritable proprietor is a body mentioned in paragraph (a) of section 61(2); and
(b)the Secretary of State is of the opinion, after consultation with the heritable proprietor and with the landlord, that the order is necessary if the right to purchase is to come into being.
(3)An order under this section shall have the same effect as a declaration under [F1section 195 of the Town and Country Planning (Scotland) Act 1997] (general vesting declarations), except that, in relation to such an order, the enactments mentioned in Schedule 6 shall have effect subject to the modifications specified in that Schedule.
(4)Compensation under the M1Land Compensation (Scotland) Act 1963, as applied by subsection (3) and Schedule 6 shall be assessed by reference to values current on the date the order under this section comes into force.
(5)An order under this section shall have no effect until approved by resolution of each House of Parliament.
F2(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)An order under this section may include such incidental, consequential or supplementary provisions as may appear to the Secretary of State to be necessary or expedient for the purposes of this Act.
Textual Amendments
F1Words in s. 77(3) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 40(1)
F2S. 77(6) repealed (27.7.2000) by S.I. 2000/2040, arts. 1(1), 2(1)(2), Sch. Pt. I para. 13 Pt. III
Marginal Citations