Search Legislation

Housing (Scotland) Act 2014

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

Housing (Scotland) Act 2014, PART 7 is up to date with all changes known to be in force on or before 22 March 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

PART 7 SMiscellaneous

93Right to redeem heritable security after 20 years: power to exemptS

(1)In section 11 of the Land Tenure Reform (Scotland) Act 1974 (c.38) (right to redeem heritable security after 20 years where security subjects used as a private dwelling), after subsection (3C) insert—

(3D)The right to redeem a heritable security conferred by this section does not apply to a heritable security which is in security of a debt of a description specified in an order made by the Scottish Ministers.

(3E)An order under subsection (3D) may—

(a)disapply the right to redeem conferred by this section subject to conditions or restrictions,

(b)restrict the disapplication of the right to redeem conferred by this section to—

(i)specified descriptions of debt,

(ii)specified creditors, or creditors of specified descriptions,

(ii)specified heritable securities, or heritable securities of specified descriptions,

(c)prescribe circumstances in which the disapplication of the right to redeem conferred by this section is to apply or cease to apply.

(3F)An order under subsection (3D) is subject to the negative procedure..

(2)In section 21 of the Land Tenure Reform (Scotland) Act 1974 (provisions for contracting out to be void), for “and 11(3A)” substitute “ , 11(3A) and 11(3D) ”.

94First-tier Tribunal: disqualification of members from exercise of certain functionsS

(1)This section applies to the following functions and jurisdictions of the First-tier Tribunal—

(a)a function or jurisdiction of the sheriff transferred to the Tribunal under section 16 or by virtue of Part 1 of schedule 1,

(b)a function conferred on the Tribunal, by virtue of Part 3 and Parts 2 to 4 of schedule 1, by—

(i)the 2004 Act,

(ii)the 2006 Act,

(c)a function conferred on the Tribunal by or under Part 4.

[F1(de)a function conferred on, or transferred to, the Tribunal by virtue of the Private Housing (Tenancies) (Scotland) Act 2016.]

(2)A member of the First-tier Tribunal is disqualified from exercising a function or jurisdiction to which this section applies if the member is—

(a)a member of the House of Commons,

(b)a member of the Scottish Parliament,

(c)a member of the European Parliament,

(d)a Minister of the Crown,

(e)a member of the Scottish Government.

(3)The Scottish Ministers may by order modify subsection (2) by—

(a)adding a disqualification to,

(b)varying the description of a disqualification for the time being mentioned in,

(c)removing a disqualification from,

that subsection.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I1S. 94 in force at 20.11.2014 by S.S.I. 2014/264, art. 2, Sch.

95Private rented housing panel: disqualification from membershipS

In Schedule 4 to the Rent (Scotland) Act 1984, after paragraph 1 insert—

1A(1)A person is disqualified from appointment to, and from remaining a member of, the private rented housing panel if the person is or becomes—

(a)a member of the House of Commons,

(b)a member of the Scottish Parliament,

(c)a member of the European Parliament,

(d)a Minister of the Crown,

(e)a member of the Scottish Government.

(2)The Scottish Ministers may by order modify sub-paragraph (1) by—

(a)adding a disqualification to,

(b)varying the description of a disqualification for the time being mentioned in,

(c)removing a disqualification from,

that sub-paragraph.

(3)An order under sub-paragraph (2) is subject to the affirmative procedure..

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2S. 95 in force at 20.11.2014 by S.S.I. 2014/264, art. 2, Sch.

96Delegation of certain functionsS

(1)In section 21 of the 2006 Act (panel and committees), after subsection (8) insert—

(8A)The president may delegate the president's functions under section 23 to—

(a)the vice-president of the panel, or

(b)such other member of the panel as the president thinks fit.

(8B)A delegation under subsection (8A) does not affect the president's—

(a)responsibility for the carrying out of delegated functions, or

(b)ability to carry out delegated functions..

(2)In section 16 of the Property Factors (Scotland) Act 2011 (asp 8) (panel and committees), after subsection (7) insert—

(8)The president may delegate the president's functions under section 18 to—

(a)the vice-president of the panel, or

(b)such other member of the panel as the president thinks fit.

(9)A delegation under subsection (8) does not affect the president's—

(a)responsibility for the carrying out of delegated functions, or

(b)ability to carry out delegated functions..

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3S. 96 in force at 20.11.2014 by S.S.I. 2014/264, art. 2, Sch.

97Scottish Housing Regulator: transfer of assets following inquiriesS

In section 67 of the 2010 Act (transfer of assets following inquiries)—

(a)after subsection (4), insert—

(4A)A duty on the Regulator to consult in accordance with paragraph (i) or (ii) of subsection (4)(a) does not apply where the Regulator considers that—

(a)the registered social landlord's viability is in jeopardy for financial reasons,

(b)a person could take a step in relation to the registered social landlord which would require to be notified to the Regulator under section 73,

(c)the direction would substantially reduce the likelihood of a person taking such a step, and

(d)there is insufficient time to comply with that duty and make a direction which would substantially reduce that likelihood.

(4B)The Regulator must—

(a)issue guidance on subsection (4A), such guidance to include—

(i)the circumstances in which it considers that subsection (4A) is likely to apply,

(ii)the actions it expects to take in those circumstances, and

(iii)how, in those circumstances, it intends to communicate with any of the persons mentioned in paragraph (b) who are affected by its actions, and

(b)before issuing or revising any guidance, consult—

(i)tenants of registered social landlords or their representatives,

(ii)registered social landlords or their representatives, and

(iii)secured creditors of registered social landlords or their representatives.

(4C)Where the Regulator proposes to direct a transfer of some (but not all) of a registered social landlord's assets, the Regulator must—

(a)before making a direction, obtain an independent valuation of those assets, and

(b)when making a direction, have regard to that valuation.,

(b)in subsection (6), paragraph (a) and the word “and” immediately following it are repealed.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4S. 97 in force at 20.11.2014 for specified purposes by S.S.I. 2014/264, art. 2, Sch.

I5S. 97 in force at 31.8.2015 in so far as not already in force by S.S.I. 2015/272, art. 2, Sch.

98Registered social landlord becoming a subsidiary of another bodyS

(1)After section 104 of the 2010 Act insert—

Registered social landlord becoming a subsidiary of another bodyS

104ARegistered social landlord becoming a subsidiary of another body

(1)This section applies to a registered social landlord which is—

(a)a registered society, or

(b)a registered company.

(2)An arrangement under which the registered social landlord is to become a subsidiary of a body of which it is not currently a subsidiary has effect only if the Regulator consents to that arrangement before it is completed.

(3)Chapter 3 of Part 10 makes provision for Regulator consent for the purpose of this section..

(2)After section 124 of the 2010 Act insert—

CHAPTER 3SREGISTERED SOCIAL LANDLORD BECOMING A SUBSIDIARY OF ANOTHER BODY

124ARegulator's consent

(1)The special procedure set out in sections 114 to 121 of Chapter 1 applies in relation to an arrangement to which the Regulator's consent is required under section 104A as it applies in relation to a disposal to which Chapter 1 applies.

(2)The Regulator must determine that the special procedure is not to apply or is to cease to apply where the Regulator considers that—

(a)the registered social landlord's viability is in jeopardy for financial reasons,

(b)a person could take a step in relation to the registered social landlord which would require to be notified to the Regulator under section 73, and

(c)the determination under this subsection would substantially reduce the likelihood of a person taking such a step.

(3)Where the Regulator makes a determination under subsection (2), the Regulator may give or refuse consent to the arrangement.

124BPurchaser protection

Failure by the Regulator or by a registered social landlord to comply with any provision of sections 114 to 121 of Chapter 1 in relation to an arrangement under which the registered social landlord is to become a subsidiary of a body of which it is not currently a subsidiary does not invalidate the Regulator's consent to the arrangement..

(3)In section 164 of the 2010 Act (connected bodies), the definition of “subsidiary” is repealed.

(4)In section 165 of the 2010 Act (interpretation), after the definition of “social landlord” insert—

subsidiary” has the same meaning as in the Companies Act 2006 (c.46) or, as the case may be, the Co-operative and Community Benefit Societies and Credit Unions Act 1968 (c.55),.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I6S. 98 in force at 20.11.2014 by S.S.I. 2014/264, art. 2, Sch. (with art. 3)

99Repeal of defective designation provisionsS

(1)Part 14 of the 1987 Act (assistance for owners of defective housing) is repealed.

(2)Schedule 20 to the 1987 Act (assistance by way of repurchase) is repealed.

(3)Schedule 21 to the 1987 Act (dwellings included in more than one designation) is repealed.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I7S. 99 in force at 30.7.2018 by S.S.I. 2018/153, art. 2, sch.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

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

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

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 enacted version 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