The Right to Purchase (Application Form) (Scotland) Order 2002

Scottish Statutory Instruments

2002 No. 322

HOUSING

The Right to Purchase (Application Form) (Scotland) Order 2002

Made

26th June 2002

Coming into force

30th September 2002

The Scottish Ministers, in exercise of the powers conferred by section 63(1) of the Housing (Scotland) Act 1987(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation, commencement and revocation

1.—(1) This Order may be cited as the Right to Purchase (Application Form) (Scotland) Order 2002 and shall come into force on 30th September 2002.

(2) The Right to Purchase (Application Form) (Scotland) Order 2000(2) is hereby revoked.

Prescribed Notice

2.  The notice to be served under section 63(1) of the Housing (Scotland) Act 1987 (application to purchase) shall be in the form prescribed in the Schedule to this Order.

MARGARET CURRAN

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

26th June 2002

Article 2

SCHEDULE APPLICATION TO BUY YOUR HOME

Explanatory Note

(This note is not part of the Order)

This Order revokes the Right to Purchase (Application Form) (Scotland) Order 2000 and prescribes another form of notice which is to be used by any tenant with a right to purchase under a Scottish secure tenancy, within the meaning of Part III of the Housing (Scotland) Act 1987, when exercising the right to purchase a dwellinghouse conferred by section 61 of that Act. The notice contains–

(a) a statement that the tenant or joint tenants wish to exercise the right to purchase;

(b) a statement of consent to the exercise of that right by the spouse or partner of each tenant or joint tenant applying to purchase and by any joint tenant who does not wish to share in the exercise of that right;

(c) the names of any joint purchasers included or proposed for inclusion by the tenant or tenants;

(d) a statement of the periods of occupation of housing as tenant of a relevant landlord on which the tenant or tenants base their claim to the right to purchase and to discount; and

(e) the details of any improvements made to the dwellinghouse by the tenant.

(1)

1987 c. 26; section 63(1) was amended by the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), section 143(1) and (2)(a) and the Housing (Scotland) Act 2001 (asp 10), Schedule 10, paragraph 13(8). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

S.I. 2000/120.