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The Housing (Preservation of Right to Buy) (Scotland) Regulations 1993

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1.  In section 61 (secure tenant’s right to purchase)((1))–

(a)in subsection (1) for the words from “a tenant of a house” to “applies” substitute “a qualifying person”, for the words “joint tenants” substitute “qualifying persons” and for the word “house” substitute “qualifying house”;

(b)in subsection (2)–

(i)for the words from “This section” to “tenancy” substitute “This section applies to every qualifying house”;

(ii)omit paragraph (a);

(iii)in paragraph (b) omit the words from “house” to the end and substitute “qualifying house”; and

(iv)in paragraph (c) for the word “tenant” substitute “qualifying person” and at the end add “or of the qualifying house or any other house provided by the landlord which was a qualifying house”;

(c)in subsection (2A) after the word “house” where it occurs for the first time add “or qualifying house” and for the words “the house” where they occur for the second and third times substitute “that house”((2));

(d)in subsection (3) for the words from “house” to “tenant” substitute “qualifying house let to the qualifying person following acquisition by the landlord of a defective dwelling previously purchased by the qualifying person if the qualifying person”;

(e)in subsection (4)–

(i)in paragraphs (a) and (f) for the word “house” substitute “qualifying house”; and

(ii)omit paragraphs (d) and (e);

(f)in subsection (5)–

(i)for the words from “tenant” to “joint tenant”, where it occurs for the first time substitute “qualifying person”;

(ii)for the word “house” substitute “qualifying house”; and

(iii)for the words “joint tenant” where they occur for the second time substitute “qualifying person”;

(g)in subsection (6) for the word “tenant” substitute “qualifying person” and for the word “house” substitute “qualifying house”; and

(h)omit subsections (8) and (9); and

(i)in subsection (10)–

(i)in paragraph (a) for the words “joint tenants” in sub-paragraph (i) substitute “more than one qualifying person” and in sub-paragraph (iii) for the words “tenant, joint tenant” substitute “qualifying person”;

(ii)in paragraph (a) omit sub-paragraphs (iv) and (v); and

(iii)in paragraph (b) for the word “house” where it occurs in sub-paragraph (iii) for the first and second time substitute “qualifying house”, for the words “joint tenant” substitute “qualifying person” and after the words “the tenant” add “or of a qualifying person”.

(1)

Section 61 was amended by the Housing (Scotland) Act 1988 (c. 43) (“the 1988 Act”), section 3(2), Schedule 2, paragraph 9, Schedule 7, paragraph 2 and Schedule 8, paragraph 1; by the Housing Act 1988 (c. 50), Schedule 17, paragraph 79 and Schedule 18; and by the Local Government and Housing Act 1989 (c. 42), section 176, Schedule 11, paragraph 93 and Schedule 12.

(2)

Sub-section (2A) was inserted by the 1988 Act, Schedule 8, paragraph 1.

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