Paragraph 5 Consent to be withheld unless majority of tenants in favour

The Scottish Ministers must not give their consent unless they are satisfied that a majority of the tenants who voted in the ballot under paragraph 3(4) wish the disposal to proceed; but this does not affect their general discretion to refuse consent on grounds relating to whether a disposal has the support of the tenants or on any other ground.

The Scottish Ministers may issue guidance as to the information about the results of the ballot under paragraph 3(4) which they require in considering whether they are satisfied as mentioned in sub-paragraph (1).

In making their decision the Scottish Ministers may have regard to any information available to them; and the landlord must give the Scottish Ministers such information as to the representations made to it by tenants and others, and other relevant matters, as they may require.