SCHEDULE 6Relief for certain acquisitions by registered social landlords

(introduced by section 27)

The relief

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A land transaction under which the buyer is a registered social landlord is exempt from charge if F1one or more of the qualifying conditions are met.

The qualifying conditions

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The qualifying conditions are—

a

that the registered social landlord is controlled by its tenants,

b

that the seller is one of the following—

i

a registered social landlord,

ii

the Scottish Ministers,

iii

a local authority, F2or

c

that the transaction is funded with the assistance of a grant or other financial assistance—

i

made or given by way of a distribution pursuant to section 25 of the National Lottery etc. Act 1993 (c.39) (application of money by distributing bodies), or

ii

under section 2 of the Housing (Scotland) Act 1988 (c.43) (general functions of the Scottish Ministers).

Landlord controlled by tenants

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The reference in paragraph 2(a) to a registered social landlord controlled by its tenants is to a registered social landlord the majority of whose board members are tenants occupying properties owned or managed by it.

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For the purposes of paragraph 3, “board member” is to be construed as follows—

Type of registered social landlord

Board member

Company

A director of the company

Body corporate whose affairs are managed by its members

A member

Body of trustees

A trustee

None of the above

A member of the committee of management or other body to which is entrusted the direction of the affairs of the registered social landlord