Hansard

Clause 47

Volume 24: debated on Monday 17 May 1982

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Power Of Lands Tribunal In Relation To Certain Failures By Public Sector Landlord

Amendments made: No. 77, in page 31, line 26, leave
out 'subsection (3) of'

No. 78, in page 31, line 32, leave out from `(a)' to end

of line 42 and insert—

'in subsection (2)—
  • (i) in paragraph (a) after the word "sell" there shall be inserted the words "(even if only such offer to sell as is mentioned in paragraph (d) below)"; and
  • (ii) after paragraph (c) there shall be inserted the following paragraph—
    • "; or (d) where a landlord has served an offer to sell whose contents do not conform with the requirements of paragraphs (a) to (e) of section 2(2) of this Act (or where such contents were not obtained in accordance with the provisions specified in those paragraphs)"; and

    (b) for subsection (3) there shall be substituted the following subsectio—

    "(3) Where a matter has been referred to the Lands Tribunal for Scotland under subsection (2) above the Tribunal shall consider whether in its opinion—

    (a) any of paragraphs (a) to (c) of that subsection apply, and if it so finds it may—

  • (i) give any consent, exercise any discretion or do anything which the landlord may give, exercise or as the case may be do under or for the purposes of this Part of this Act; and
  • (ii) issue such notices and undertake such other steps as may be required to complete the procedure provided for in section 2 of this Act; and any consent given, any discretion exercised or anything done under the foregoing provisions of this subsection shall have effect as if it had been duly given, exercised or as the case may be done by the landlord; or

    • (b)paragraph (d) of that subsection applies, and if it so finds it may order the landlord to serve on the tenant an offer to sell, in proper form, under section 2(2) of this Act within such time (not exceeding two months) as it may specify.".'.

    No. 81, in page 32, line 1, leave out from 'above' to

    end of line 3 and insert—

    'and by paragraphs 34A and 34B of Schedule 3 to this Act shall have no effect as regards any case where, at the date of coming into operation of this section of this Act, the Lands Tribunal for Scotland has either—
  • (a) determined, after consideration under subsection (3) of the said section 7, that none of paragraphs (a) to (c) of subsection (2) of that section apply to that case; or
  • (b) issued an offer to sell under the said subsection (3):.—[Mr. Allan Stewart.]