69APower to refuse to sell houses required for police purposes

1

Subsection (2) applies where—

a

an application to purchase is served on a local authority landlord in relation to a house which it holds for the purposes of a police force (within the meaning of the Police (Scotland) Act 1967 (c.77)); and

b

the tenant would, apart from this section, have a right under section 61 to purchase the house.

2

The landlord may, within one month of service of the application to purchase, serve a notice of refusal on the tenant.

3

In determining whether to serve a notice of refusal under subsection (2), the landlord must have regard to—

a

the likely impact which the proposed purchase would have on police operations and resources; and

b

any representations by the tenant which indicate special reasons for wishing to purchase the house.

4

The landlord must, in particular, consider—

a

whether the policing needs of the area in which the house is situated are such that it would be desirable for the house to be occupied by a constable;

b

whether it is likely to be able reasonably to provide other suitable accommodation for a constable in that area;

c

whether it is likely that a constable may need to be accommodated in that area at short notice;

d

any representations by the tenant about—

i

the tenant’s state of health; or

ii

family associations or other special circumstances by reason of which the tenant has a local connection to that area.

5

A refusal by the landlord under subsection (2) shall contain sufficient information to demonstrate that it has had regard to the matters mentioned in subsection (3).

• “local authority landlord” has the same meaning as in the Housing (Scotland) Act 2001 (asp 10);