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PART 1: INTRODUCTION
1. The purpose of this guidance is to explain how the right to buy (RTB) will apply in Scotland after the introduction of the changes contained in the Housing (Scotland) Act 2001. The guidance consists of two main parts:
- an explanation of the RTB provisions following the implementation of the 2001 Act (Part 2);
- an explanation of how the transition to the new provisions will work (Part 3).
2. The 2001 Act amends the Housing (Scotland) Act 1987, which sets out the current legislative provisions relating to the RTB. Significant parts of the 1987 Act remain unchanged, for example, the provisions relating to application procedures. Some provisions, however, are amended (e.g. discounts, qualifying periods and exemptions); some provisions are repealed (e.g. rent to loan, lender of last resort) and there are a range of new provisions setting out various limitations on the RTB (e.g. pressured areas) which did not exist before. For shorthand purposes, the term "modernised RTB" is used to refer to RTB as a whole following the implementation of the 2001 Act, including those parts of the 1987 Act provisions that remain. Where it has been necessary to refer to the previous RTB arrangements, these are described as the "pre-2001 Act" provisions.
3. In line with Ministerial policy intentions, the position of tenants with a RTB entitlement before the introduction of the Scottish secure tenancy has been protected so that they can exercise the RTB after the qualifying period that is specified in the pre-2001 Act provisions and continue to benefit from the discounts provided for in this legislation. Points of detail concerning this key principle are contained in Part 3.
4. The guidance given here relates to the statutory RTB. In addition, landlords in the social housing sector may, if they so wish, consider disposing of houses to sitting tenants on a voluntary basis. This is sometimes known as a "contractual" RTB. The powers of local authorities in this area are set out in section 14 of the 1987 Act and the relevant provisions relating to registered social landlords (RSLs) are in sections 65 to 68 of the 2001 Act and require the consent of the Scottish Ministers. Landlords will no doubt wish to seek appropriate legal advice if they are planning voluntary sales to sitting tenants.
5. This guidance does not consider the position of RTB property receipts, which is unchanged by the 2001 Act. For the most recent information on the use of such receipts, local authorities should see the "consent" letter sent out each year at the end of March by the Scottish Executive. RSLs should refer to guidance previously issued by Scottish Homes (Part 8 of the Right to Buy (RTB) Manual circulated to all Registered Housing Associations and Co-operatives in January 1998).
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