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SCHEDULE 9S CONSULTATION BEFORE CERTAIN DISPOSALS BY LOCAL AUTHORITY LANDLORD OR REGISTERED SOCIAL LANDLORD

Commencement Information

I1Sch. 9 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

Requirements as to consultationS

3(1)The requirements as to consultation referred to in paragraph 2 are as follows.

(2)The landlord must serve on the tenant notice in writing informing the tenant of—

(a)such details of the proposal as the landlord considers appropriate, but including the identity of the person to whom the disposal is to be made,

(b)the likely consequences of the disposal for the tenant, and

(c)the right of the tenant, within such reasonable period as is specified (which must be at least 28 days after the service of the notice), to make representations to the landlord.

(3)The landlord must consider any representations made to it within that period and must serve on the tenant a further written notice informing the tenant of—

(a)any significant changes in the proposal,

(b)the right of the tenant, within such reasonable period as is specified (which must be at least 28 days after the service of the notice), to communicate to the Scottish Ministers any objection to the proposal, and

(c)the effect of paragraph 5 (consent to be withheld unless majority of tenants expressing a view on a ballot wish disposal to proceed).

(4)The landlord must—

(a)conduct a ballot of the tenants of the houses to which the application relates on the question whether the tenants wish the disposal to proceed, and

(b)inform the Scottish Ministers of the results of the ballot.

(5)The Scottish Ministers may issue guidance as to—

(a)the conduct of a ballot under sub-paragraph (4),

(b)the form and manner in which the landlord is to inform the Scottish Ministers of the results of the ballot,

and the landlord must have regard to such guidance.