60General power to remove officersS
(1)The Regulator may remove an officer of a registered social landlord if the officer—
(a)is an undischarged bankrupt or is otherwise apparently insolvent,
(b)is subject to a disqualification order or a disqualification undertaking under the Company Directors Disqualification Act 1986 (c.46) or equivalent legislation in Northern Ireland,
(c)is disqualified from being a charity trustee under section 69 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10),
(d)is, because of a mental disorder, incapable of acting, or
[F1(e)is, because of absence or other failure to act, failing to ensure that the registered social landlord is complying with—
(i)a duty imposed by this Act or by any other enactment,
(ii)a requirement imposed on the landlord by the Regulator under this Act or any other enactment.]
(2)Before removing an officer, the Regulator must give at least 14 days' notice of its intention to do so to—
(a)the officer, and
(b)the registered social landlord.
(3)In this section “apparently insolvent” [F2 is to be construed in accordance with section 16 of the Bankruptcy (Scotland) Act 2016].
Textual Amendments
F1S. 60(1)(e) substituted (8.3.2019) by Housing (Amendment) (Scotland) Act 2018 (asp 13), ss. 2(2), 11(2); S.S.I. 2018/253, reg. 2(2) (with reg. 3)
F2Words in s. 60(3) substituted (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 8 para. 27(2) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2
Commencement Information
I1S. 60 in force at 1.4.2012 by S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2)