The Act – an Overview Part 2 the Community Right to Buy Section 42:  Power to modify sections 40(4) and (5) and 41
166.This section allows Ministers to modify by order the provisions of Section 40(4) and (5) and 41, which respectively describe what constitutes an excluded transfer and what constitutes action with a view to a transfer. Section 98(5) provides that no such order may be made unless a draft of it has been approved by a resolution of the Scottish Parliament.