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Housing (Scotland) Act 2001

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This is the original version (as it was originally enacted).

75Remedial plans: appointment of manager

This section has no associated Explanatory Notes

(1)The Scottish Ministers may carry out an inspection of the implementation of a remedial plan by a local authority.

(2)Subsections (2) to (6) of section 72 apply in relation to such an inspection as they apply in relation to an inspection under subsection (1) of that section.

(3)Where, as a result of an inspection under subsection (1) of this section, the Scottish Ministers consider that the remedial plan is not being implemented satisfactorily, they may appoint a manager to exercise such functions of the authority in relation to the provision of housing accommodation and related services as the Scottish Ministers may specify.

(4)Before appointing a manager under subsection (3) the Scottish Ministers must consult—

(a)the authority,

(b)such bodies representing local authorities as they think fit, and

(c)the Accounts Commission for Scotland,

and must have regard to any comments received from them within such period as the Scottish Ministers may specify.

(5)A manager appointed under subsection (3)—

(a)is to be appointed for such period and on such terms and conditions as the Scottish Ministers may determine,

(b)has, by virtue of the appointment, power generally to do all such things as are necessary for carrying out the manager’s functions, and

(c)has such specific powers (which may include power to do anything which the authority has power to do) as the Scottish Ministers may specify.

(6)The remuneration and expenses of the manager are to be paid by the authority.

(7)The Scottish Ministers may give directions in relation to the carrying out of the manager’s functions; and the manager must comply with any such direction.

(8)In carrying out functions the manager acts as the agent of the authority; and the manager is not personally liable on a contract entered into as manager.

(9)A person dealing with the manager in good faith and for value is not concerned to inquire whether the manager is acting within the powers conferred by virtue of this section.

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