Part 9Disposal of land or assets by registered social landlords
108F3Disposals not subject to section 107
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F4This section applies to a disposal—
a
by way of a lease under a Scottish secure tenancy (or what would be such a tenancy but for schedule 1 to the Housing (Scotland) Act 2001 (asp 10)),
b
by way of a lease under a short Scottish secure tenancy,
c
by way of a lease under an assured tenancy or an assured agricultural occupancy,
d
by way of a lease under what would be an assured tenancy but for any of paragraphs 3 to 8 and 12 of schedule 4 to the Housing (Scotland) Act 1988 (c.43),
F2da
by way of a lease under what would be a private residential tenancy but for—
i
any of paragraphs 2 to 6 or 20 of schedule 1 of the Private Housing (Tenancies) (Scotland) Act 2016, and
ii
paragraph 14 of that schedule.
e
by way of an occupancy arrangement,
F1f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
g
made in pursuance of a direction given by the Regulator under section 67 or 106,
h
for which the Regulator's consent is required under section 78,
i
made in implementation of agreed proposals under section 86 or 87,
j
arising from a restructuring F5in relation to which Part 8 applies, or
k
of such type and made in such manner as the Regulator may determine.
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For the purposes of subsection (1)(e) an occupancy arrangement is an arrangement other than a lease—
a
under which a person has the lawful right to occupy living accommodation (within the meaning of section 194 of the Housing (Scotland) Act 2006 (asp 1)) which forms part of premises or a group of premises owned by the landlord, and
b
where the occupants of the premises share with each other one or more of—
i
a toilet,
ii
personal washing facilities, or
iii
facilities for the preparation or provision of cooked food.
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Before making, revising or withdrawing a determination under subsection (1)(k), the Regulator must consult—
a
Ministers,
b
registered social landlords or their representatives, and
c
secured creditors of registered social landlords or their representatives.
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The Regulator must make arrangements for bringing a determination (and any revision or withdrawal) to the attention of those affected by it.