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

GENERAL

Interpretation of this Part

82.  In this Part and in sections 14, 19, 20 and 216, except where provision is made to the contrary,

• “application to purchase” has the meaning assigned to it by section 63;

• “family” and any reference to membership thereof shall be construed in accordance with section 83;

• “fire authority” means a fire authority for the purposes of the Fire Services Acts 1947 to 1959 or a joint committee constituted by virtue of section 36(4)(b) of the Fire Services Act 1947((1));

• “heritable proprietor” in relation to a house, includes any landlord entitled under section 3 of the Conveyancing (Scotland) Act 1924 (disposition of the dwelling-house etc. by persons uninfeft)((2)) to grant a disposition of the house;

• “housing co-operative” has the meaning assigned to it by section 22;

• “landlord” means a person who lets a house to a tenant for human habitation, and includes his successors in title;

• “offer to sell” has the meaning assigned to it by section 63(2) and includes such offer to sell as is mentioned in section 71(1)(d);

• “police authority” means a policy authority in Scotland within the meaning of section 2(1) or 19(9)(b) of the Police (Scotland) Act 1967((3)) or a joint police committee constituted by virtue of subsection (2)(b) of the said section 19 and any police authority constituted in England and Wales or Northern Ireland under corresponding legislation;

• “secure tenancy” means a secure tenancy within the meaning of section 44;

• “tenancy” means any agreement under which a house is made available for occupation for human habitation, and “leases”, “let” and “lets” shall be construed accordingly;

• “tenant” means a person who leases a house from a landlord and who derives his right therein directly from the landlord, and in the case of joint tenancies means all the tenants.

Members of a person’s family

83.—(1) A person is a member of another’s family for the purposes of this Act if–

(a) he is the spouse of that person or he and that person live together as husband and wife; or

(b) he is that person’s parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece.

(2) For the purposes of subsection (1)(b)–

(a) a relationship by marriage shall be treated as a relationship by blood;

(b) a relationship of the half-blood shall be treated as a relationship of the whole blood;

(c) the stepchild of a person shall be treated as his child; and

(d) a child shall be treated as such whether or not his parents are married.

Service of notices

84.—(1) A notice or other document which requires to be served on a person under any provision of this Part or of section 216 may be given to him–

(a) by delivering it to him;

(b) by leaving it at his proper address; or

(c) by sending it by recorded delivery post to him at that address.

(2) For the purposes of this section and of section 7 of the Interpretation Act 1978 (references to service by post)((4)) in its application to this section, a person’s proper address shall be his last known address.

Application of right to buy to cases where landlord is lessee

84A.—(1) Sections 61 to 84 and 216 (the “right to buy” provisions) shall, with the modifications set out in this section, apply so as to provide for–

(a) the acquisition by the qualifying person of the landlord’s interest in the qualifying house as lessee under a registered lease of the qualifying house or of land which includes it or as assignee of that interest; and

(b) the obtaining of a loan by the qualifying person in that connection,

as these sections apply for the purposes of the purchase of a qualifying house by the qualifying person from the landlord as heritable proprietor of it and the obtaining by the qualifying person of a loan in that connection.

(2) References in the right to buy provisions to the purchase or sale of a qualifying house shall be construed respectively as references to the acquisition or disposal of the landlord’s interest in the qualifying house by way of a registered assignation of that interest and cognate expressions shall be construed accordingly.

(3) The reference in section 61(2)(b) to the landlord’s being the heritable proprietor of the qualifying house shall be construed as a reference to the landlord’s being the holder of the interest of the lessee under a registered lease of the qualifying house or of land which includes it.

(4) References in the right to buy provisions to the market value of or price to be paid for a qualifying house shall be construed respectively as references to the market value of the landlord’s interest in the qualifying house and to the price to be paid for acquiring that interest.

(5) References in section 64(1) to the qualifying person’s enjoyment and use of a qualifying house as owner shall be construed as references to his enjoyment and use of it as assignee of the landlord’s interest in the qualifying house.

(6) The reference in subsection (4) of section 64 to an option being offered to the landlord or to any other person to purchase the qualifying house in advance of its sale to a third party shall be construed as a reference to an option being offered to h ave the interest acquired by the qualifying person re-assigned to the landlord or assigned to the other person in advance of its being disposed of to a third party; and the references in subsection (5) of that section to an option to purchase shall be construed accordingly.

(7) In this section and section 76–

• “registered lease” means a lease–

  (a)

  which is recorded in the general register of sasines; or

  (b)

  in respect of which the interest of the lessee is registered in the Land Register of Scotland,

  under the Registration of Leases (Scotland) Act 1857((5)); and

• “registered assignation” means, in relation to such a lease, an assignation thereof which is so recorded or in respect of which the interest of the assignee has been so registered.

(1)

1947 c. 41.

(2)

1924 c. 27.

(3)

1967 c. 77.

(4)

1978 c. 30.

(5)

1857 c. 26.