Search Legislation

Housing (Scotland) Act 2010

Status:

This is the original version (as it was originally enacted).

80Proposals: formulation

This sectionnoteType=Explanatory Notes has no associated

(1)The Regulator may, during a moratorium, make proposals about the future ownership and management of the registered social landlord’s land with a view to ensuring that land is managed properly in the future by a registered social landlord.

(2)Before making proposals, the Regulator must consult—

(a)the registered social landlord,

(b)all of the registered social landlord’s secured creditors whom the Regulator can locate after making reasonable enquiries,

(c)the registered social landlord’s tenants (so far as practicable),

(d)where the registered social landlord is a registered society, the Financial Services Authority, and

(e)where the registered social landlord is a charity, the Office of the Scottish Charity Regulator.

(3)The Regulator must, when formulating proposals—

(a)have regard to the interests of the registered social landlord’s creditors as a whole (both secured and unsecured), and

(b)so far as practicable, aim to avoid worsening the position of the registered social landlord’s unsecured creditors.

(4)Proposals may provide for the appointment of a manager to implement the proposals (and proposals which do so must provide for the payment of the manager’s remuneration and expenses).

(5)Proposals must not include anything which would result in—

(a)non-preferential debts being paid before preferential debts,

(b)preferential creditors being paid different proportions of preferential debts (except where affected preferential creditors agree to be paid a smaller proportion).

“preferential debt” and “preferential creditor” have the same meaning as in the Insolvency Act 1986 (c.45).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources