Housing (Scotland) Act 2010

116 Regulator’s consent

(1) Following consultation under section 115, the Regulator may—

(a) refuse consent to the disposal, or

(b) consent to the disposal, subject to tenant authorisation.

(2) Tenant authorisation is given when—

(a) the Regulator—

(i) directs the registered social landlord to conduct a ballot under section 118, or

(ii) directs the registered social landlord to seek the written agreement of tenants in accordance with section 119, and

(b) the outcome is approved by the Regulator under section 121.

(3) The Regulator when making its decision under subsection (1)—

(a) must have regard to the results of the consultation under section 115, and

(b) may have regard to any other information available to it.

(4) Where the disposal is to a person other than a registered social landlord, the Regulator must not consent unless it is satisfied that a disposal to a registered social landlord is not appropriate.

(5) A consent under this section may be subject to such conditions as the Regulator thinks fit.

(6) Nothing in section 121 affects the Regulator’s general discretion to refuse consent to a disposal under this section on grounds relating to whether a disposal is supported by tenants.