Local authority influence over registered social landlords

I19Power to reduce local authority influence over registered social landlords

1

The Scottish Ministers may by regulations make provision for the purpose of limiting or removing the ability of local authorities to exert influence over registered social landlords through––

a

appointing or removing officers of registered social landlords,

b

exercising or controlling voting rights.

2

Regulations under subsection (1) may in particular––

a

limit the number of officers that a local authority may appoint,

b

prohibit a local authority from appointing officers,

c

confer power on a registered social landlord to remove officers appointed by a local authority,

d

prohibit a local authority from doing things that would result in it obtaining voting rights in a registered social landlord,

e

require a local authority to take steps to reduce or get rid of any voting rights that it has in a registered social landlord.

3

Regulations under subsection (1) may override or modify any contractual or other rights (whenever created) or anything in a registered social landlord's constitution.

4

Regulations under subsection (1) may—

a

confer a power on a registered social landlord to amend its constitution in consequence of provision made by the regulations,

b

make provision about the procedure for exercising that power.

5

Regulations under subsection (1) may—

a

make different provision for different purposes,

b

include any incidental, supplementary, consequential, transitional, transitory or saving provision as Ministers consider appropriate,

c

modify any enactment.

6

Regulations under subsection (1) are subject to the affirmative procedure.

7

In this section—

  • appointing”, in relation to an officer, includes nominating or otherwise influencing the selection of the officer,

  • constitution” has the meaning given by section 165 of the Housing (Scotland) Act 2010,

  • “officer, in relation to a registered social landlord, has the meaning given by section 165 of the Housing (Scotland) Act 2010,

  • “registered social landlord” also has the meaning given by that section.