Housing (Scotland) Act 2010

Part 1The Scottish Housing Regulator

1The Scottish Housing Regulator

2The Regulator's objective

3The Regulator's functions

4Statement on performance of functions

5Involvement of representative bodies

6Involvement of the Accounts Commission

7Independence from Ministers

8The Regulator's membership

9Disqualification and removal from office

10Members' expenses

Chairing and proceedings

12The Regulator's proceedings

Staff and property

13The Regulator's chief executive

14The Regulator's other staff and property

15The Regulator's general powers

16Delegation of powers

Studies, co-operation and annual reports

18Co-operation with other regulators

19Annual reports

Part 2Registered social landlords

20Registered social landlords

21Population of the register

23Entry in the register

Registration criteria

24Legislative registration criteria

25Regulatory registration criteria

26Guidance on registration criteria

Removal from register

27Compulsory de-registration

28Voluntary de-registration

29Appeal against decision on registration or removal

Communication with other regulators

30Communication with other regulators

Part 3Performance of social landlords

Scottish Social Housing Charter

31Scottish Social Housing Charter

32Standards and outcomes

33Scottish Social Housing Charter: supplemental

Targets, guidance, code of conduct and equal opportunities

34Performance improvement targets

35Guidance: housing activities

36Code of conduct: governance and financial accountability

37Financial management or governance targets for registered social landlords

38Guidance: financial management or governance targets

39Encouragement of equal opportunities

Assessing and reporting

40Assessment of social landlords

41Performance reports

Part 4Inquiries and information

42Inquiries about social landlords

43Inquiries: general powers

44Inquiries: survey powers

45Exceptional audit

46Reports on inquiries

47Information from tenants on significant performance failures

48Power to obtain information

49Failure to provide information etc.

50Social landlords' involvement of tenants etc. when providing information

Code of practice

51Code of practice: inquiries

Part 5Regulatory intervention

52Regulatory intervention

53Exercise of regulatory intervention powers

54Code of practice: regulatory intervention

Remedial action

55Performance improvement plans

56Enforcement notices

Managerial appointment

57Appointment of manager for housing activities

58Appointment of manager for financial or other affairs

59Appointment of manager: supplementary

Registered social landlords: removal, suspension and appointment of officers etc.

60General power to remove officers

61Suspension of officers etc. during or following inquiries

62Removal of officers etc. following inquiries

63Responsible individuals

64Appeals against suspension or removal

65Appointment of new officers

Registered social landlords: asset protection

66Restrictions on dealings during or following inquiries

67Transfer of assets following inquiries

Part 6Registered social landlords: accounts and audit

68Determination of accounting requirements

69Compliance with accounting requirements

70Delivery of accounts and audit

71Failure to deliver compliant accounts

72Disclosure of information

Part 7Registered social landlords: insolvency etc.

73Notification of step towards insolvency etc.

74Effect of failure to notify

76Period of moratorium

77Further moratorium

78Effect of moratorium

79Interim manager

Making proposals

80Proposals: formulation

81Proposals: submission

82Proposals: agreement

83Modifying proposals

Implementing proposals

84Implementation of agreed proposals

85Appointment of manager to implement proposals

86Manager: powers

87Manager of registered society: extra powers

88Regulator assistance

89Failure by manager to implement agreed proposals

90Other failure to implement agreed proposals

91Meaning of “land”

Part 8Registered social landlords: organisational change etc.

Change of name, office or constitution

92Change of name or office

93Change of constitution

94Registered society's rules: supplementary

95Change of registered company's articles: supplementary

Registered societies: restructuring, winding up and dissolution

96Restructuring, winding up and dissolution of registered societies

97Restructuring of society

98Voluntary winding up of society

99Dissolution of society

Companies: restructuring and winding up

100Restructuring and winding up of companies

101Restructuring of company

102Conversion of company into a registered society

103Company voluntary arrangement

104Voluntary winding up of company

Winding up petition

105Regulator's power to petition for winding up

Asset transfer on dissolution or winding up

106Asset transfer on dissolution or winding up

Part 9Disposal of land or assets by registered social landlords

107Power to dispose of land or assets

108Disposals not requiring consent

109Notification where disposal consent not required

110Tenant consultation: other disposals

111Effect of disposals without consent

112De-registered bodies

Part 10Special procedure for disposals and restructuring resulting in change of landlord

Chapter 1Disposals by a registered social landlord

113Disposals resulting in change of landlord

114Regulator's initial decision

115Consultation with tenants

116Regulator's consent

117Further information

119Written agreements

120Unaffected tenants

121Regulator's approval

122Purchaser protection

Chapter 2Restructuring of a registered social landlord

123Restructuring resulting in change of landlord

124Purchaser protection

Part 11Change of landlord: secure tenants

125Right to acquire certain houses from local authority landlords

126Approved persons

127Eligible houses

128Application to acquire eligible house

129Offer to sell

130Market value of eligible house

131Sale conditions

132Acceptance of an offer to sell

133Refusal of application

134Reference to Lands Tribunal

135Consent for subsequent disposals

136Extension of time periods

Part 12Charitable registered social landlords

137Charitable registered social landlords

Part 13Social landlords and rural housing bodies: long leases and heritable securities

138Residential restriction on a long lease

139Heritable security redemption right

Part 14Right to buy: reforms

140Re-accommodated persons: protection of right to buy

141Limitation on right to buy: new tenants

142Pressured areas: amendments

143Limitation on right to buy: new supply social housing

144Limitation on right to buy: police housing

145Duty to collect and publish information: local authority housing stock

146Duty to collect and publish information: tenants eligible for right to buy

147Duty to collect and publish information: sale of houses by registered social landlords

Part 15Amendment of Housing (Scotland) Act 2006

148Introductory

149HRA designation orders: removal of Ministerial involvement

150Recovery of expenses

151Scheme of assistance: demolition works

Part 16Miscellaneous

152Tenant protection: orders for possession against landlord

153Tenant protection: repossession orders

154Police accommodation not to be Scottish secure tenancy

155Scottish secure tenancy: rent arrears pre-action requirements

156Local authority duties on homelessness: armed forces

157Vacant dwellings: use of information obtained for council tax purposes

158Housing support: persons found to be homeless or threatened with homelessness

Part 17Supplementary and final provisions

159Offences by bodies corporate etc.

160Formal communications

162Minor and consequential amendments and repeals

163Ancillary provision

164Connected bodies

165Interpretation

166Commencement

SCHEDULE 1Transitional provisions

Transfer of staff

1(1) All staff, other than excepted staff, employed immediately before...

Transfer of assets and liabilities

2(1) Ministers may by order provide for the transfer to...

SCHEDULE 2Modifications of enactments

Co-operative and Community Benefit Societies and Credit Unions Act 1968 (c.55)

1In section 4A(3)(ba) (societies which cannot disapply section 4) of...

Land Tenure Reform (Scotland) Act 1974 (c.38)

2In section 21 (provisions for contracting out to be void)...

Housing (Scotland) Act 1987 (c.26)

3(1) The Housing (Scotland) Act 1987 is amended as follows....

Housing (Scotland) Act 1988 (c.43)

4(1) The Housing (Scotland) Act 1988 is amended as follows....

Housing Act 1988 (c.50)

5In section 52(10) (recovery etc. of grants) of the Housing...

Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

6In the Ethical Standards in Public Life etc. (Scotland) Act...

Housing (Scotland) Act 2001 (asp 10)

7(1) The Housing (Scotland) Act 2001 is amended as follows....

Scottish Public Services Ombudsman Act 2002 (asp 11)

8In the Scottish Public Services Ombudsman Act 2002, in schedule...

Freedom of Information (Scotland) Act 2002 (asp 13)

9In the Freedom of Information (Scotland) Act 2002, in schedule...

Public Appointments and Public Bodies etc.(Scotland) Act 2003 (asp 4)

10In the Public Appointments and Public Bodies etc. (Scotland) Act...

Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8)

11In the definition of “registered social landlord” in section 143(2)...

Further and Higher Education (Scotland) Act 2005 (asp 6)

12In section 22(5) of the Further and Higher Education (Scotland)...

Charities and Trustee Investment (Scotland) Act 2005 (asp 10)

13(1) The Charities and Trustee Investment (Scotland) Act 2005 is...

Housing (Scotland) Act 2006 (asp 1)

14In section 22(4)(b) (application to private rented housing panel) of...

Public Services Reform (Scotland) Act 2010 (asp 8)

15(1) The Public Services Reform (Scotland) Act 2010 is amended...

Housing (Scotland) Act 2010

2010 asp 17

An Act of the Scottish Parliament to establish the Scottish Housing Regulator and to make provision about housing, including provision about the performance and regulation of social landlords and reforms of the right to buy social housing; and for connected purposes.

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 3rd November 2010 and received Royal Assent on 9th December 2010C1

Annotations:

Modifications etc. (not altering text)

C1

specified provision(s) amendment to earlier commencing SSI 2012/39 Sch. 2 para. 18(f) (1.4.2012) by The Housing (Scotland) Act 2010 (Commencement No. 7 and Transitional Provision) Order 2012 (S.S.I. 2012/91), arts. 1, 4