Section 130 — Housing Act 1985: Reduction of discount where previous discount given.

Reduction of discount where previous discount given. 130 1 There shall be deducted from the discount an amount equal to any previous discount qualifying, or the aggregate of previous discounts qualifying, under the provisions of this section.

2 A “ previous discount ” means a discount given before the relevant time—

a on conveyance of the freehold, or a grant or assignment of a long lease, of a dwelling-house by a person within paragraph 7 or 7A of Schedule 4 (public sector landlords) or, in such circumstances as may be prescribed by order of the Secretary of State, by a person so prescribed, or aa on conveyance of the freehold, or a grant or assignment of a long lease of a dwelling-house by a person against whom the right to buy was exercisable by virtue of section 171A (preservation of right to buy on disposal to private sector landlord) to a person who was a qualifying person for the purposes of the preserved right to buy and in relation to whom that dwelling-house was the qualifying dwelling-house, or ab in pursuance of the provision required by paragraphs 3 to 5 or paragraph 7 of Schedule 6A (redemption of landlord’s share), or b in pursuance of the provision required by paragraph 1 of Schedule 8 (terms of shared ownership lease: right to acquire additional shares), or any other provision to the like effect or . c in pursuance of any provision of, or required by, this Part ... by virtue of section 17 of the Housing Act 1996 (the right to acquire).

3 A previous discount qualifies for the purposes of this section if it was given—

a to the person or one of the persons exercising the right to buy, or b to the spouse , or civil partner, of that person or one of those persons (if they are living together at the relevant time), or c to a deceased spouse , or deceased civil partner, of that person or one of those persons (if they were living together at the time of the death); and where a previous discount was given to two or more persons jointly, this section has effect as if each of them had been given an equal proportion of the discount.

4 Where the whole or part of a previous discount has been recovered by the person by whom it was given (or a successor in title of his)—

a by the receipt of a payment determined by reference to the discount, or b by a reduction so determined of any consideration given by that person (or a successor in title of his), or c in any other way, then, so much of the discount as has been so recovered shall be disregarded for the purposes of this section.

5 An order under this section—

a may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and b shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

6 In this section “ dwelling-house ” includes any yard, garden, outhouses and appurtenances belonging to the dwelling-house or usually enjoyed with it.