Explanatory Notes

Housing (Scotland) Act 2001

2001 asp 10

18 July 2001

Background and Overview

Part 3 – Regulation of Social Landlords

Chapter 2Local Authority Housing Management
Section 74: Remedial plans

117.This section allows the Scottish Ministers to require a local authority to prepare and submit to them a remedial plan setting out the authority’s proposals for dealing with matters which have been found to be unsatisfactory in an inspection report. Before requiring a local authority to submit a remedial plan, Ministers must send a draft requirement to the authority, specifying a period within which the authority may make comments to Ministers on the proposed requirement. Ministers must have regard to those comments before imposing any requirement on the local authority to produce a remedial plan. When a local authority has submitted a remedial plan, Ministers may approve it, reject it or approve it with modifications. They may also approve it and impose conditions as to its adoption and implementation by the authority. If a plan is approved by Ministers the authority must adopt and implement it in accordance with any conditions imposed. When a plan is rejected, the authority must prepare a revised plan and submit it to Ministers.