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Housing (Scotland) Act 2010


This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part 1 The Scottish Housing Regulator

    1. The Regulator

      1. 1.The Scottish Housing Regulator

      2. 2.The Regulator’s objective

      3. 3.The Regulator’s functions

      4. 4.Statement on performance of functions

      5. 5.Involvement of representative bodies

      6. 6.Involvement of the Accounts Commission

      7. 7.Independence from Ministers

    2. Membership

      1. 8.The Regulator’s membership

      2. 9.Disqualification and removal from office

      3. 10.Members’ expenses

    3. Chairing and proceedings

      1. 11.Chairing

      2. 12.The Regulator’s proceedings

    4. Staff and property

      1. 13.The Regulator’s chief executive

      2. 14.The Regulator’s other staff and property

    5. Powers

      1. 15.The Regulator’s general powers

      2. 16.Delegation of powers

    6. Studies, co-operation and annual reports

      1. 17.Studies

      2. 18.Co-operation with other regulators

      3. 19.Annual reports

  3. Part 2 Registered social landlords

    1. The register

      1. 20.Registered social landlords

      2. 21.Population of the register

      3. 22.Application

      4. 23.Entry in the register

    2. Registration criteria

      1. 24.Legislative registration criteria

      2. 25.Regulatory registration criteria

      3. 26.Guidance on registration criteria

    3. Removal from register

      1. 27.Compulsory de-registration

      2. 28.Voluntary de-registration

    4. Appeals

      1. 29.Appeal against decision on registration or removal

    5. Communication with other regulators

      1. 30.Communication with other regulators

  4. Part 3 Performance of social landlords

    1. Scottish Social Housing Charter

      1. 31.Scottish Social Housing Charter

      2. 32.Standards and outcomes

      3. 33.Scottish Social Housing Charter: supplemental

    2. Targets, guidance, code of conduct and equal opportunities

      1. 34.Performance improvement targets

      2. 35.Guidance: housing activities

      3. 36.Code of conduct: governance and financial accountability

      4. 37.Financial management or governance targets for registered social landlords

      5. 38.Guidance: financial management or governance targets

      6. 39.Encouragement of equal opportunities

    3. Assessing and reporting

      1. 40.Assessment of social landlords

      2. 41.Performance reports

  5. Part 4 Inquiries and information

    1. Inquiries

      1. 42.Inquiries about social landlords

      2. 43.Inquiries: general powers

      3. 44.Inquiries: survey powers

      4. 45.Exceptional audit

      5. 46.Reports on inquiries

    2. Information

      1. 47.Information from tenants on significant performance failures

      2. 48.Power to obtain information

      3. 49.Failure to provide information etc.

      4. 50.Social landlords’ involvement of tenants etc. when providing information

    3. Code of practice

      1. 51.Code of practice: inquiries

  6. Part 5 Regulatory intervention

    1. Introductory

      1. 52.Regulatory intervention

      2. 53.Exercise of regulatory intervention powers

      3. 54.Code of practice: regulatory intervention

    2. Remedial action

      1. 55.Performance improvement plans

      2. 56.Enforcement notices

    3. Managerial appointment

      1. 57.Appointment of manager for housing activities

      2. 58.Appointment of manager for financial or other affairs

      3. 59.Appointment of manager: supplementary

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

      1. 60.General power to remove officers

      2. 61.Suspension of officers etc. during or following inquiries

      3. 62.Removal of officers etc. following inquiries

      4. 63.Responsible individuals

      5. 64.Appeals against suspension or removal

      6. 65.Appointment of new officers

    5. Registered social landlords: asset protection

      1. 66.Restrictions on dealings during or following inquiries

      2. 67.Transfer of assets following inquiries

  7. Part 6 Registered social landlords: accounts and audit

    1. 68.Determination of accounting requirements

    2. 69.Compliance with accounting requirements

    3. 70.Delivery of accounts and audit

    4. 71.Failure to deliver compliant accounts

    5. 72.Disclosure of information

  8. Part 7 Registered social landlords: insolvency etc.

    1. Moratorium

      1. 73.Notification of step towards insolvency etc.

      2. 74.Effect of failure to notify

      3. 75.Moratorium

      4. 76.Period of moratorium

      5. 77.Further moratorium

      6. 78.Effect of moratorium

      7. 79.Interim manager

    2. Making proposals

      1. 80.Proposals: formulation

      2. 81.Proposals: submission

      3. 82.Proposals: agreement

      4. 83.Modifying proposals

    3. Implementing proposals

      1. 84.Implementation of agreed proposals

      2. 85.Appointment of manager to implement proposals

      3. 86.Manager: powers

      4. 87.Manager of registered society: extra powers

      5. 88.Regulator assistance

      6. 89.Failure by manager to implement agreed proposals

      7. 90.Other failure to implement agreed proposals

      8. 91.Meaning of “land”

  9. Part 8 Registered social landlords: organisational change etc.

    1. Change of name, office or constitution

      1. 92.Change of name or office

      2. 93.Change of constitution

      3. 94.Registered society’s rules: supplementary

      4. 95.Change of registered company’s articles: supplementary

    2. Registered societies: restructuring, winding up and dissolution

      1. 96.Restructuring, winding up and dissolution of registered societies

      2. 97.Restructuring of society

      3. 98.Voluntary winding up of society

      4. 99.Dissolution of society

    3. Companies: restructuring and winding up

      1. 100.Restructuring and winding up of companies

      2. 101.Restructuring of company

      3. 102.Conversion of company into a registered society

      4. 103.Company voluntary arrangement

      5. 104.Voluntary winding up of company

    4. Winding up petition

      1. 105.Regulator’s power to petition for winding up

    5. Asset transfer on dissolution or winding up

      1. 106.Asset transfer on dissolution or winding up

  10. Part 9 Disposal of land or assets by registered social landlords

    1. 107.Power to dispose of land or assets

    2. 108.Disposals not requiring consent

    3. 109.Notification where disposal consent not required

    4. 110.Tenant consultation: other disposals

    5. 111.Effect of disposals without consent

    6. 112.De-registered bodies

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

    1. Chapter 1 Disposals by a registered social landlord

      1. 113.Disposals resulting in change of landlord

      2. 114.Regulator’s initial decision

      3. 115.Consultation with tenants

      4. 116.Regulator’s consent

      5. 117.Further information

      6. 118.Ballot

      7. 119.Written agreements

      8. 120.Unaffected tenants

      9. 121.Regulator’s approval

      10. 122.Purchaser protection

    2. Chapter 2 Restructuring of a registered social landlord

      1. 123.Restructuring resulting in change of landlord

      2. 124.Purchaser protection

  12. Part 11 Change of landlord: secure tenants

    1. 125.Right to acquire certain houses from local authority landlords

    2. 126.Approved persons

    3. 127.Eligible houses

    4. 128.Application to acquire eligible house

    5. 129.Offer to sell

    6. 130.Market value of eligible house

    7. 131.Sale conditions

    8. 132.Acceptance of an offer to sell

    9. 133.Refusal of application

    10. 134.Reference to Lands Tribunal

    11. 135.Consent for subsequent disposals

    12. 136.Extension of time periods

  13. Part 12 Charitable registered social landlords

    1. 137.Charitable registered social landlords

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

    1. 138.Residential restriction on a long lease

    2. 139.Heritable security redemption right

  15. Part 14 Right to buy: reforms

    1. 140.Re-accommodated persons: protection of right to buy

    2. 141.Limitation on right to buy: new tenants

    3. 142.Pressured areas: amendments

    4. 143.Limitation on right to buy: new supply social housing

    5. 144.Limitation on right to buy: police housing

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

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

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

  16. Part 15 Amendment of Housing (Scotland) Act 2006

    1. 148.Introductory

    2. 149.HRA designation orders: removal of Ministerial involvement

    3. 150.Recovery of expenses

    4. 151.Scheme of assistance: demolition works

  17. Part 16 Miscellaneous

    1. 152.Tenant protection: orders for possession against landlord

    2. 153.Tenant protection: repossession orders

    3. 154.Police accommodation not to be Scottish secure tenancy

    4. 155.Scottish secure tenancy: rent arrears pre-action requirements

    5. 156.Local authority duties on homelessness: armed forces

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

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

  18. Part 17 Supplementary and final provisions

    1. 159.Offences by bodies corporate etc.

    2. 160.Formal communications

    3. 161.Orders

    4. 162.Minor and consequential amendments and repeals

    5. 163.Ancillary provision

    6. 164.Connected bodies

    7. 165.Interpretation

    8. 166.Commencement

    9. 167.Short title

    1. SCHEDULE 1

      Transitional provisions

      1. 1.Transfer of staff

      2. 2.Transfer of assets and liabilities

    2. SCHEDULE 2

      Modifications of enactments

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

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

      3. 3.Housing (Scotland) Act 1987 (c.26)

      4. 4.Housing (Scotland) Act 1988 (c.43)

      5. 5.Housing Act 1988 (c.50)

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

      7. 7.Housing (Scotland) Act 2001 (asp 10)

      8. 8.Scottish Public Services Ombudsman Act 2002 (asp 11)

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

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

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

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

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

      14. 14.Housing (Scotland) Act 2006 (asp 1)

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

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