Infrastructure Act 2015

The members of the community

6 (1) Right to buy regulations must make provision enabling the following to be identified—

(a) individuals who may exercise the right to buy;

(b) groups who may exercise the right to buy.

(2) The individuals who may exercise the right to buy may be identified by reference to one or more of the following factors—

(a) how old an individual is;

(b) how long an individual has been resident in the community;

(c) whether the community is an individual’s only (or main) place of residence.

(3) Right to buy regulations may specify the kind, or kinds, of individuals who may not exercise the right to buy.

(4) Those kinds of individuals may be identified by reference to one or more of the following factors—

(a) whether an individual is, or has been, bankrupt or subject to any other kind of arrangement relating to indebtedness;

(b) whether an individual has been convicted of a criminal offence involving fraud;

(c) whether an individual is connected with—

(i) the designated promoter or facility operator, or

(ii) bodies or individuals connected with the designated promoter or facility operator.

(5) The groups who may exercise the right to buy may be identified by reference to one or more of the following factors—

(a) the legal form of the group;

(b) the constitution, structure and management of the group;

(c) the criteria for membership of the group (including criteria relating to residence);

(d) the members of the group;

(e) the aims of the group;

(f) the activities of the group (including economic activities);

(g) the geographical area or areas in which, or in relation to which, the group operates;

(h) the treatment of income and profits of the group;

(i) the treatment of assets of the group (including on its dissolution);

(j) whether the group is connected with—

(i) the designated promoter or facility operator, or

(ii) bodies or individuals connected with the designated promoter or facility operator.

(6) The provision that may be made about membership, or members, of the group under sub-paragraph (5)(c) or (d) includes provision of any kind that may be made under sub-paragraph (2) or (4) about individuals.

(7) Right to buy regulations may specify the kind, or kinds, of groups who may not exercise the right to buy.

(8) Regulations under this paragraph may make provision about which persons are connected with which other persons for the purposes of any such regulations.

(9) The regulations may provide that one person (“A”) is connected with another person (“B”) by virtue of—

(a) a direct or indirect connection;

(b) connections arising from employment or office-holding, from family relationships, or from financial arrangements;

(c) A being the parent of B or another person connected with B;

(d) A being a subsidiary of B or another person connected with B.