Paragraph 2 Application for consent of the Scottish Ministers
Scotland
The Scottish Ministers must not entertain an application for consent under section 12(7) of the 1987 Act F1... to a disposal to which this schedule applies unless the local authority landlord or, as the case may be, the registered social landlord certifies that—
the requirements of paragraph 3 as to consultation have been complied with, or
the requirements of that paragraph as to consultation have been complied with except in relation to tenants expected to have vacated the house in question before the disposal.
The certificate must be accompanied by a copy of the notices given, and the results of the ballot held, by the landlord in accordance with that paragraph.
Where the certificate is in the form mentioned in sub-paragraph (1)(b), the Scottish Ministers must not determine the application until the landlord certifies as regards the tenants not originally consulted—
that they have vacated the house in question, or
that the requirements of paragraph 3 as to consultation have been complied with.
A certificate under sub-paragraph (3)(b) must be accompanied by a copy of the notices given, and the results of the ballot held, by the landlord in accordance with paragraph 3.
Annotations
Textual amendments
- F1
Words in sch. 9 para. 2(1) repealed (1.4.2012) by Housing (Scotland) Act 2010 (asp 17), s. 166(2), sch. 2 para. 7(7)(b); S.S.I. 2012/39, art. 2, sch. 1 (with sch. 2) (as amended (1.4.2012) by S.S.I. 2012/91, art. 4)
Notes on the whole Act
Textual amendments
- F1
Act modified (temp.) (28.10.2022) by Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 1 para. 3 (with ss. 1(2), 6, 7, 8) (which affecting provision is continued until 31.3.2024 by The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Amendment of Expiry Dates and Rent Cap Modification) Regulations 2023 (S.S.I. 2023/82), regs. 1(3), 2(2)) (as amended (27.9.2023) by S.S.I. 2023/275, reg. 2(2))
Notes on Schedule 9
Commencement
- I1
Sch. 9 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))