Statutory Instrument 1992 No. 325 (S.26)

The Housing (Preservation of Right to Buy) (Scotland) Regulations 1992

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© Crown Copyright 1992

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1992 No. 325 (S.26)

HOUSING, SCOTLAND

The Housing (Preservation of Right to Buy) (Scotland) Regulations 1992

The Secretary of State, in exercise of the powers conferred on him by sections 81A and 338(1) of the Housing (Scotland) Act 1987^[1] and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement
    1.    These Regulations may be cited as the Housing (Preservation of Right to Buy) (Scot land) Regulations 1992 and shall come into force on 13th March 1992.

Interpretation
    2.    In these Regulations unless the context otherwise requires—
"the Act" means the Housing (Scotland) Act 1987;


"co-operative housing association" has the same meaning as in section 300(1)(b) of the Act;


"qualifying person" means a person occupying a house as his only or principal home and who—
 (a) was the former secure tenant or former joint secure tenant of a house and whose former secure tenancy ceased to be such on the disposal by the landlord of the house to his current private sector landlord;
 (b) became entitled to succeed on the death of the former secure tenant to a statutory assured tenancy under section 31 of the Housing (Scotland) Act 1988^[2]; or
 (c) as the spouse of a former secure tenant became a tenant of a house by virtue of an order of the court under section 13 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981^[3];


"qualifying house" means the house referred to in the chapeau to paragraphs (a), (b) and (c) of the definition of "qualifying person".

Preserved right to buy
    3.    Where a landlord disposes of an interest in a house to a private sector landlord the continued application under section 81A(1) of the Act of the right to buy provisions shall be subject to regulation 5 and to the additions, exceptions, adaptations and modifications specified in Schedule 1 to these Regulations.

    4.    The right to buy provisions as they continue to apply in accordance with regulation 3 are set out in Schedule 2 to these Regulations.

    5.    The right to buy provisions shall not continue to apply where—
 (a) the disposal of a house is in exercise of the right conferred by Part III of the Housing (Scotland) Act 1988; or
 (b) the disposal of a house is to a co-operative housing association.

    6.    Where the right to buy provisions continue to apply, the private sector landlord shall not dispose of less than his whole interest in a qualifying house without the consent in writing of the Secretary of State.

    7.    In any case where the sheriff makes an order for possession of a qualifying house under ground 9 in Schedule 5 to the Housing (Scotland) Act 1988 (suitable alternative accommodation) the right to buy provisions and these Regulations shall apply to the house which is or will be available by way of alternative accommodation as they apply to the qualifying house.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office
St. Andrew's House, Edinburgh

21st February 1992

[1] 1987 c. 26; section 81A was inserted by the Housing Act 1988 (c. 50), section 128; section 338(1) contains a definition of "prescribed" relevant to the making of these Regulations. back

[2] 1988 c. 43. back

[3] 1981 c. 59. back

Explanatory Note