108[F1Disposals not subject to section 107]S
(1)[F2This 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),
[F3(da)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,
F4(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
(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.
Textual Amendments
F1S. 108 title substituted (8.3.2019) by Housing (Amendment) (Scotland) Act 2018 (asp 13), ss. 3(5), 11(2); S.S.I. 2018/253, reg. 2(2)
F2Words in s. 108(1) substituted (8.3.2019) by Housing (Amendment) (Scotland) Act 2018 (asp 13), ss. 3(4)(a), 11(2); S.S.I. 2018/253, reg. 2(2)
F3S. 108(1)(da) inserted (1.12.2017) by The Private Housing (Tenancies) (Scotland) Act 2016 (Consequential Provisions) Regulations 2017 (S.S.I. 2017/405), regs. 1, 3(2)
F4S. 108(1)(f) repealed (1.8.2016) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 2 para. 18(3); S.S.I. 2014/264, art. 2, sch. (with art. 4)
F5Words in s. 108(1)(j) substituted (8.3.2019) by Housing (Amendment) (Scotland) Act 2018 (asp 13), ss. 3(4)(b), 11(2); S.S.I. 2018/253, reg. 2(2)
Commencement Information
I1S. 108(1)(2)(4) in force at 1.4.2012 by S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2)
I2S. 108(3) in force at 1.4.2011 for specified purposes by S.S.I. 2011/96, art. 2, Sch.
I3S. 108(3) in force at 1.4.2012 in so far as not already in force by S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2)