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Part 17SSupplementary and final provisions

159Offences by bodies corporate etc.S

(1)Where—

(a)an offence under this Act has been committed by—

(i)a social landlord, or

(ii)a body corporate, or a Scottish partnership or other unincorporated association, other than a social landlord, and

(b)it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of—

(i)a relevant individual, or

(ii)an individual purporting to act in the capacity of a relevant individual,

that individual as well as the offender is guilty of the offence and is liable to be proceeded against and punished accordingly.

(2)In subsection (1), “relevant individual” means—

(a)in relation to a registered social landlord, an officer of the registered social landlord,

(b)in relation to a local authority, an officer or member of the local authority,

(c)in relation to a body corporate other than a local authority or registered social landlord—

(i)a director, manager, secretary or other similar officer of the body,

(ii)where the affairs of the body are managed by its members, the members,

(d)in relation to a Scottish partnership, a partner, and

(e)in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.

Annotations:

Commencement Information

I1S. 159 in force at 1.4.2012 by S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2)

160Formal communicationsS

(1)A “formal communication” means—

(a)any approval, application, certificate, consent, direction, notice, offer to sell, requirement or submission, or

(b)any copy of such a thing,

which is made, served or given under or for the purposes of this Act.

(2)A formal communication must be in writing.

(3)A formal communication is made, served or given if it is—

(a)hand delivered to the person concerned,

(b)sent, by first class post or by using a registered or recorded delivery postal service, in an envelope or package addressed—

(i)where sent to the Regulator, to the “Scottish Housing Regulator” at the Regulator's principal office,

(ii)where sent to a registered social landlord, to the landlord at the address set out in the register,

(iii)where sent to a local authority, to the local authority at its principal office,

(iv)where sent to a body other than a registered social landlord or local authority, to the body at its registered or principal office,

(v)where sent to an individual, to the individual at the individual's principal place of business or usual or last known abode,

(vi)in any case, to the person concerned at a postal address designated for the purpose by that person (such designation to be made by giving notice to the person making, serving or giving the formal communication), or

(c)sent to the person concerned in some other way (including by email, fax or other electronic means) which the sender reasonably considers likely to cause it to be delivered on the same or next day.

(4)A formal communication which is sent by email, fax or other electronic means is to be treated as being in writing only if it is legible and capable of being used for subsequent reference.

(5)A formal communication is, unless the contrary is proved, to be treated as having been made, served or given—

(a)where hand delivered, on the day of delivery,

(b)where posted, on the day on which it would be delivered in the ordinary course of post, or

(c)where sent in a way described in subsection (3)(c), on the day after it is sent.

(6)This section does not apply in relation to—

(a)an application, direction, notice or other thing which is made, served or given for the purposes of legal proceedings, or

(b)an approval by the Scottish Parliament.

Annotations:

Commencement Information

I2S. 160 in force at 1.4.2012 by S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2)

161OrdersS

(1)Any power of Ministers under this Act to make orders is exercisable by statutory instrument.

(2)Any such power includes power to make—

(a)in the case of an order made under section 166(2) (commencement orders), such transitional, transitory or saving provision as Ministers consider appropriate,

(b)in the case of any other order, such supplementary, incidental, consequential, transitional, transitory or saving provision as Ministers consider appropriate,

(c)different provision for different purposes.

(3)A statutory instrument containing an order is subject to annulment in pursuance of a resolution of the Scottish Parliament. This subsection does not apply—

(a)to orders made under section 166(2) (commencement orders), or

(b)where subsection (4) makes contrary provision.

(4)An order—

(a)under section 24(3)(b), or

(b)under section 163(1)(a) which adds to, replaces or omits any text in this or any other Act,

may be made only if a draft of the statutory instrument containing the order has been laid before, and approved by resolution of, the Scottish Parliament.

162Minor and consequential amendments and repealsS

Schedule 2 sets out minor amendments and amendments and repeals consequential on the provisions of this Act.

Annotations:

Commencement Information

I3S. 162 in force at 1.3.2011 for specified purposes by S.S.I. 2011/96, art. 2, Sch.

I4S. 162 in force at 1.4.2011 for specified purposes by S.S.I. 2011/96, art. 2, Sch.

I5S. 162 in force at 1.4.2012 in so far as not already in force by S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2)

163Ancillary provisionS

(1)Ministers may by order make any—

(a)supplementary provision, or

(b)incidental, consequential, transitional, transitory or saving provision,

which they consider appropriate for the purposes of, or in connection with, or for the purposes of giving full effect to, any provision of this Act.

(2)Such an order may modify any enactment, instrument or document.

164Connected bodiesS

A body is connected to a social landlord if—

(a)the social landlord can (directly or through nominees) secure that the body's affairs are conducted in accordance with the social landlord's wishes,

(b)the body can (directly or through nominees) secure that the social landlord's affairs are conducted in accordance with the body's wishes,

(c)the body is the social landlord's subsidiary,

(d)the social landlord is the body's subsidiary, or

(e)the body is the subsidiary of a body of which the social landlord is a subsidiary.

F1...

Annotations:

Amendments (Textual)

Commencement Information

I6S. 164 in force at 1.3.2011 by S.S.I. 2011/96, art. 2, Sch.

165InterpretationS

In this Act, except where the contrary intention appears—

Annotations:

Amendments (Textual)

F4Words in s. 165 substituted (1.4.2015) by Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), s. 57(2), Sch. 3 para. 41; S.S.I. 2014/261, art. 3 (with arts. 4-7, 12) (as amended by S.S.I. 2015/54, art. 2)

Modifications etc. (not altering text)

166CommencementS

(1)The following provisions come into force on Royal Assent—

(2)Ministers may by order appoint the day on which each other provision comes into force.

167Short titleS

This Act is called the Housing (Scotland) Act 2010.