Local Government (Miscellaneous Provisions) (Scotland) Act 1981

35 Vesting in landlord to bring into being tenant's right to purchase dwelling-house

In the [1980 c. 52.] Tenants' Rights, Etc. (Scotland) Act 1980, after section 1 there shall be inserted the following section—

“1A Vesting in landlord by order.

(1) Subject to subsection (2) below where, but for the fact that a landlord is not the heritable proprietor of land on which dwelling-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 1 of this Act, 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) the heritable proprietor is a body mentioned in any of paragraphs (a), (b), (c) and (f) of section 10(2) of this Act; 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 section 278 of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 (general vesting declarations) except that in relation to such an order, the enactments mentioned in Schedule Al to this Act shall have effect subject to the modifications specified in that Schedule.

(4) Compensation under the [1963 c. 51.] Land Compensation (Scotland) Act 1963, as applied by subsection (3) above and Schedule A1 to this Act, 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.

(6) An order under this section which would, apart from the provisions of this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument shall proceed in that House as if it were not such an instrument.

(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.”.