Pre-emption clauses and the right to buy

Cusine, D.J.

Pre-emption clauses and the right to buy - 1994 - Journal of the Law Society of Scotland 39(9) September 1994, 331-332(2) .

Questions the decision in "Ross and Cromarty DC v Patience and others (OH)" over the issue of whether the provisions of Housing (Scotland) Act 1987 s61, the `right to buy` legislation, prevailed over a pre-emption clause in the titles in favour of the council or was subject to it and hence , if the superior exercised the right of pre-emption, that defeated the right of the tenant to buy.


HOUSING (SCOTLAND) ACT 1987
PRE-EMPTION
PUBLIC SECTOR HOUSING
RIGHT TO BUY