Search Legislation

Housing (Scotland) Act 2001

Status:

This is the original version (as it was originally enacted).

Proposals as to ownership and management of landlord’s land

This section has no associated Explanatory Notes

6(1)During a moratorium the Scottish Ministers may make proposals as to the future ownership and management of land held by the registered social landlord, designed to secure the continued proper management of the landlord’s land by a registered social landlord.

(2)In drawing up their proposals the Scottish Ministers—

(a)must consult—

(i)the landlord and, so far as is practicable, its tenants, and

(ii)where the landlord is an industrial and provident society, the Financial Services Authority, and

(b)must have regard to the interests of all the landlord’s creditors, both secured and unsecured.

(3)No proposals are to be made under which—

(a)a preferential debt (within the meaning of the Insolvency Act 1986 (c. 45)) of the landlord is to be paid otherwise than in priority to debts which are not preferential debts, or

(b)a preferential creditor (within the meaning of that Act) is to be paid a smaller proportion of that creditor’s preferential debt than another preferential creditor, except with the concurrence of the creditor concerned.

(4)So far as practicable no proposals are to be made which have the effect that unsecured creditors of the landlord are in a worse position than they would otherwise be.

(5)The Scottish Ministers must serve a copy of their proposals on—

(a)the landlord and its officers,

(b)the secured creditors of the landlord, and

(c)any liquidator, administrative receiver, receiver or administrator appointed in respect of the landlord or its land,

and must make such arrangements as they think fit for informing the members, tenants and unsecured creditors of the landlord of the proposals.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources