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Housing (Scotland) Act 2001

Status:

This is the original version (as it was originally enacted).

General power to remove director, trustee etc.

This section has no associated Explanatory Notes

4(1)The Scottish Ministers may, in accordance with the following provisions, remove—

(a)a committee member of a registered social landlord which is an industrial and provident society,

(b)a director of a registered social landlord which is a company registered under the Companies Act 1985 (c. 6).

(2)The Scottish Ministers may remove any such person if the person—

(a)is apparently insolvent within the meaning of the Bankruptcy (Scotland) Act 1985 (c. 66),

(b)is subject to a disqualification order under the Company Directors Disqualification Act 1986 (c. 46),

(c)is incapable of acting by reason of mental disorder,

(d)has not acted, or

(e)cannot be found or does not act and the person’s absence or failure to act is impeding the proper management of the registered social landlord’s affairs.

(3)The Scottish Ministers must give at least 14 days' notice of their intention to remove a person to that person and to the registered social landlord.

(4)That notice may be given by post, and if so given to the person whom the Scottish Ministers intend to remove may be addressed to that person’s last known address in the United Kingdom.

(5)A person who is removed under this paragraph may appeal to the Court of Session.

(6)In this paragraph, “mental disorder” has the same meaning as in the Mental Health (Scotland) Act 1984 (c. 36).

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