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Housing (Scotland) Act 1986

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15Extension of sections 44 and 45 of 1985 Act to Scotland

Sections 44 (projects qualifying for housing association grant: repair or improvement after exercise of right to buy etc.) and 45 (projects qualifying for such grant: disposal to tenant of charitable housing association etc.) of the 1985 Act shall apply to Scotland ; and accordingly—

(a)in the said section 44—

(i)in subsection (1), after the word "exercise" there shall be inserted the word " — (a) "; and after the words " 1985 " there shall be inserted the following paragraph— ; or

(b)in Scotland, his right to purchase under section 1 of the [1980 c. 52.] Tenants' Rights, Etc. (Scotland) Act 1980,;

(ii)in subsection (2), after the word " exercised " there shall be inserted the word " — (a) "; and after the word " lease " there shall be inserted the following paragraph— ; or

(b)in Scotland, the right to purchase,; and

(iii)for subsection (3) there shall be substituted the following subsection—

(3)" Dwelling-house ", in the application of this section to—

(a)England and Wales, has the same meaning as in Part V of the [1985 c. 68.] Housing Act 1985; and

(b)Scotland, means a house.; and

(b)in the said section 45—

(i)in subsection (2), after the word "for" there shall be inserted the word " — (a) " and at the end there shall be added the following words— ; or

(b)subsection (11)(e) or (f) of section 1 of the [1980 c. 52.] Tenants' Rights, Etc. (Scotland) Act 1980 (analogous Scottish provision) would have a right to purchase under that section.;

(ii)in subsection (3), at the end there shall be added the words " ; and a dwelling is also publicly funded for this purpose if it is in Scotland and housing association grant has been paid in respect of a project which included its improvement or repair or, where it and another dwelling are both provided for letting under the project, the improvement or repair of that other dwelling. ";

(iii)in subsection (4), at the beginning there shall be inserted the words " In England and Wales, "; and

(iv)after subsection (4) there shall be added the following subsection—

(5)In Scotland, where a registered housing association concludes missives for the acquisition of a house and, without taking title, disposes of its interest to a tenant to whom this section applies, subsection (1) and the following provisions have effect as if the association first acquired the house and then disposed of it to the tenant—

  • section 8 (disposal of land by registered housing associations),

  • section 9 (consent of Housing Corporation to disposals),

  • section 79(2) (power of Housing Corporation to lend to person acquiring interest from registered housing association), and

  • section 6 of the [1980 c. 52.] Tenants' Rights, Etc. (Scotland) Act 1980 (recovery of discount on early re-sale)..

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