Housing (Scotland) Act 2010

Chapter 2 Restructuring of a registered social landlord

123 Restructuring resulting in change of landlord

(1) This Chapter applies to a restructuring by a registered social landlord—

(a) in relation to which the Regulator’s consent is required under section 97 or 101, and

(b) as a result of which a tenant under a Scottish secure tenancy will cease to be a tenant of the registered social landlord proposing the restructuring.

(2) Despite subsection (1), this Chapter does not apply where—

(a) a registered society converts into a company in accordance with section 52 of the Co-operative and Community Benefit Societies and Credit Unions Act 1965, or

(b) the registered social landlord in respect of which a court order is made under section 899 or 900 of the Companies Act 2006 (c.46) is being wound up or is in administration.

(3) The special procedure set out in sections 114 to 121 of Chapter 1 applies in relation to a restructuring to which this Chapter applies as it applies in relation to a disposal to which Chapter 1 applies.

124 Purchaser protection

Failure by the Regulator or by a registered social landlord to comply with any provision of sections 114 to 122 of Chapter 1 in relation to a restructuring does not invalidate the Regulator’s consent to the restructuring.