Section 43: Exemptions from right to buy
71.This section amends the range of circumstances under which the right to buy cannot be exercised.
72.Subsection (2)repeals the existing provisions relating to specialist and group housing. These are replaced by a single exemption at subsection (6)for groups of houses designed for persons with special needs with or situated near special facilities, or where tenants are in receipt of housing support. Subsection (2)also ends the current exemption under section 61(4)(b) of the 1987 Act for registered housing associations which have not received public subsidy.
73.Subsection (4) confirms the exemption from right to buy of properties which are part of a co-operative housing association and subsection (5)amends the exemption for some charitable housing associations. Any registered social landlord which is a Scottish charity on the date when the Housing (Scotland) Act 2001 received Royal Assent will be exempt from the right to buy.