Registered Social Landlords (RSLs) will be familiar with the terms of section 66 of the Housing (Scotland) Act 2001, which required RSLs to obtain written consent from the Scottish Ministers (acting through the Scottish Housing Regulator) for certain disposals of land or property. On 1 April 2012, section 107 of the Housing (Scotland) Act 2010, (the “Act”) came into force and replaced the former section 66.
At first glance the terms of section 107 are similar to those of section 66: RSLs must seek the consent of the Scottish Housing Regulator (the “Regulator”) to dispose of land or other assets (“disposals”), unless that disposal is exempt. However, section 107 differs from section 66 in two significant ways.
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