The Housing (Right to Buy) (Cost Floor) (Scotland) Order 1999

Statutory Instruments

1999 No. 611 (S. 35)

HOUSING, SCOTLAND

The Housing (Right to Buy) (Cost Floor) (Scotland) Order 1999

Made

1st March 1999

Laid before Parliament

9th March 1999

Coming into force

1st April 1999

The Secretary of State, in exercise of the powers conferred on him by section 62(6A) of the Housing (Scotland) Act 1987(1) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Housing (Right to Buy) (Cost Floor) (Scotland) Order 1999 and shall come into force on 1st April 1999.

Period of account

2.  The period of time for the purposes of section 62(6A)(a) of the Housing (Scotland) Act 1987 shall be the period commencing with the beginning of the financial year of the landlord which was current 10 years prior to the date of service of the application to purchase the house.

Application

3.  This Order shall not have effect in a case where a notice under section 63(1) of the Housing (Scotland) Act 1987(2) was served before this Order came into force.

Calum MacDonald

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

1st March 1999

Explanatory Note

(This note is not part of the Order)

A person exercising the right to buy his house under Part III of the Housing (Scotland) Act 1987 may be entitled, under section 62, to receive a discount equal to a percentage of the market value of the house. Under section 62(6A), the discount may not reduce the price below the amount which, in accordance with a determination by the Secretary of State, represents the costs incurred in respect of the house over a specified period of time. This Order amends that period so that it will in future be the period commencing with the beginning of the financial year of the landlord which was current 10 years (previously 5 years) prior to the date of service of the application to buy the house.

(1)

1987 c. 26; section 62(6A) was inserted by the Housing (Scotland) Act 1988 (c. 43), section 65(2).

(2)

Section 63(1) was amended by the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), section 143(2)(a).