- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)This section applies where the Regulator, having made inquiries or otherwise, considers—
(a)that a social landlord is, or is at risk of, failing—
(i)to achieve a standard or an outcome set out in the Scottish Social Housing Charter,
(ii)to meet a performance improvement target,
(iii)to implement an approved performance improvement plan, or
(iv)to comply with an enforcement notice, and
(b)that a person needs to be appointed in order to ensure that the social landlord provides housing services to an appropriate standard.
(2)The Regulator may appoint, or require the social landlord to appoint, a manager—
(a)to manage its housing activities generally, or
(b)to manage particular aspects of those activities.
(3)Before appointing or requiring appointment of a manager for a local authority or a local authority landlord, the Regulator must—
(i)the local authority or local authority landlord,
(ii)such bodies representing local authorities as it thinks fits, and
(iii)the Accounts Commission for Scotland, and
(b)have regard to views expressed by those consulted by such time as the Regulator may specify.
(1)This section applies where the Regulator, having made inquiries or otherwise, considers that a person needs to be appointed in order to ensure that the registered social landlord manages its financial or other affairs to an appropriate standard.
(2)The Regulator may appoint, or require the registered social landlord to appoint, a manager—
(a)to manage its financial and other affairs generally, or
(b)to manage particular aspects of those affairs.
(1)It is for the Regulator to determine the terms on which a manager is to be appointed under section 57 or 58 (including as to period of appointment and remuneration and expenses).
(2)It is for the social landlord to pay the manager’s remuneration and expenses.
(3)A manager has—
(a)general powers to do anything required to perform the manager’s functions (including power to enter into agreements or do anything else which the social landlord has power to do), and
(b)such specific powers as the Regulator may specify.
(4)But a manager must comply with any direction by the Regulator about the performance of the manager’s functions (and may be removed on failure to so comply).
(5)A manager acts as the social landlord’s agent and is accordingly not personally liable on an agreement entered into as manager.
(6)Anyone dealing with a manager in good faith and for value need not inquire whether the manager is acting within the powers conferred by virtue of this section.
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.
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
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