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Housing (Scotland) Act 2010

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This is the original version (as it was originally enacted).

108Disposals not requiring consent

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(1)The Regulator’s consent under this Part is not required for 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),

(e)by way of an occupancy arrangement,

(f)made in pursuance of the right to buy conferred by Part 3 of the Housing (Scotland) Act 1987 (c.26),

(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 for which the Regulator’s consent is required under Part 8, or

(k)of such type and made in such manner as the Regulator may determine.

(2)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.

(3)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.

(4)The Regulator must make arrangements for bringing a determination (and any revision or withdrawal) to the attention of those affected by it.

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