Search Legislation

Housing (Scotland) Act 2010

 Help about what version

What Version

 Help about advanced features

Advanced Features

Exit from the EU:

There may be changes and effects to this Legislation not yet recorded or applied to the text

New legislation with 'EU Exit' in the title that references (and therefore may change) this legislation item:

Due to a high volume of changes being made to legislation for EU exit, we have not been able to research and record them all. More information is available about EU Legislation and UK Law. The following results are legislation items with 'EU Exit' in their title that directly reference and therefore may change this item of legislation. To understand whether or not the text of this legislation is up to date, please check those references in the following pieces of legislation.

Changes to legislation:

There are currently no known outstanding effects for the Housing (Scotland) Act 2010, Section 108. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

108[F1Disposals not subject to section 107]S

This section has no associated Explanatory Notes

(1)[F2This section applies to] a disposal—

(a)by way of a lease under a Scottish secure tenancy (or what would be such a tenancy but for schedule 1 to the Housing (Scotland) Act 2001 (asp 10)),

(b)by way of a lease under a short Scottish secure tenancy,

(c)by way of a lease under an assured tenancy or an assured agricultural occupancy,

(d)by way of a lease under what would be an assured tenancy but for any of paragraphs 3 to 8 and 12 of schedule 4 to the Housing (Scotland) Act 1988 (c.43),

[F3(da)by way of a lease under what would be a private residential tenancy but for—

(i)any of paragraphs 2 to 6 or 20 of schedule 1 of the Private Housing (Tenancies) (Scotland) Act 2016, and

(ii)paragraph 14 of that schedule.]

(e)by way of an occupancy arrangement,

F4(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)made in pursuance of a direction given by the Regulator under section 67 or 106,

(h)for which the Regulator's consent is required under section 78,

(i)made in implementation of agreed proposals under section 86 or 87,

(j)arising from a restructuring [F5in relation to which Part 8 applies], or

(k)of such type and made in such manner as the Regulator may determine.

(2)For the purposes of subsection (1)(e) an occupancy arrangement is an arrangement other than a lease—

(a)under which a person has the lawful right to occupy living accommodation (within the meaning of section 194 of the Housing (Scotland) Act 2006 (asp 1)) which forms part of premises or a group of premises owned by the landlord, and

(b)where the occupants of the premises share with each other one or more of—

(i)a toilet,

(ii)personal washing facilities, or

(iii)facilities for the preparation or provision of cooked food.

(3)Before making, revising or withdrawing a determination under subsection (1)(k), the Regulator must consult—

(a)Ministers,

(b)registered social landlords or their representatives, and

(c)secured creditors of registered social landlords or their representatives.

(4)The Regulator must make arrangements for bringing a determination (and any revision or withdrawal) to the attention of those affected by it.

Textual Amendments

Commencement Information

I1S. 108(1)(2)(4) in force at 1.4.2012 by S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2)

I2S. 108(3) in force at 1.4.2011 for specified purposes by S.S.I. 2011/96, art. 2, Sch.

I3S. 108(3) in force at 1.4.2012 in so far as not already in force by S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources