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 2010C2

Annotations:

Modifications etc. (not altering text)

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

Part 1The Scottish Housing Regulator

The Regulator

I141The Scottish Housing Regulator

There is established a body corporate to be known as the Scottish Housing Regulator.

I152The Regulator's objective

1

The Regulator's objective is to safeguard and promote the interests of persons who are or who may become—

a

homeless,

b

tenants of social landlords, or

c

recipients of housing services provided by social landlords.

2

The Regulator must, so far as is reasonably practicable, perform its functions in a way—

a

which is compatible with its objective, and

b

which it considers most appropriate for the purpose of meeting that objective.

3The Regulator's functions

I631

The Regulator's general functions are—

a

to keep a publicly available register of social landlords, and

b

to monitor, assess and report regularly on (and, where appropriate, to make regulatory interventions relating to)—

i

social landlords' performance of housing activities, and

ii

registered social landlords' financial well-being and standards of governance.

I162

The Regulator must perform its functions in a way which—

a

is proportionate, accountable and transparent,

b

is targeted only where action is needed,

c

encourages equal opportunities and in particular the observance of the requirements of the law for the time being relating to equal opportunities, and

d

is consistent with any other principle which appears to it to represent best regulatory practice.

1

Where the Regulator considers it appropriate, it must—

I18a

consult representative bodies about the performance of its general functions (for example, by holding meetings), and

I64b

involve representative bodies in the performance of its general functions (for example, by appointing them to committees).

I182

The representative bodies referred to in subsection (1) are—

a

representatives of homeless persons,

b

representatives of tenants of social landlords, and

c

representatives of recipients of housing services.

I183

The Regulator must publish a statement about how it intends to comply with subsection (1).

6Involvement of the Accounts Commission

I651

The Regulator must, at such intervals and in such manner as it considers appropriate, consult the Accounts Commission for Scotland about the performance of the Regulator's general functions in relation to local authority landlords.

I192

The Regulator must publish a statement about how it intends to comply with subsection (1).

I207Independence from Ministers

Ministers must not—

a

give directions relating to, or

b

otherwise seek to control,

the performance of the Regulator's functions.

This section is subject to any contrary provision in this or any other enactment.

Membership

I218The Regulator's membership

1

The Regulator is to consist of such number of members (but not fewer than 3) as Ministers think fit.

2

Each member—

a

is to be appointed by Ministers from among those persons appearing to them to have knowledge and skills relevant to the functions of the Regulator,

b

is to be appointed for such period as is specified in the appointment,

c

may, by notice to Ministers, resign as a member,

d

in other respects holds and vacates office on such terms and conditions as Ministers may determine, and

e

after ceasing to hold office, may be reappointed as a member.

I229Disqualification and removal from office

Ministers may vary the terms of the member's appointment so as to alter the date on which office as a member is to be vacated.

I2512The Regulator's proceedings

1

The Regulator may regulate its own procedure (including any quorum) and that of any of its committees.

2

The validity of any proceedings or acts of the Regulator is not affected by any—

a

vacancy in its membership, or

b

defect in the appointment of a member.

Staff and property

I9213The Regulator's chief executive

1

The Regulator is to appoint, as a member of staff, a chief executive.

2

Ministers are to appoint the first chief executive of the Regulator on such terms as they may determine.

3

Before appointing the first chief executive, Ministers must consult the member of the Regulator appointed to chair meetings of the Regulator (if a person holds that office).

4

The Regulator may, with the approval of Ministers, appoint subsequent chief executives on such terms as it may, with the approval of Ministers, determine.

5

The chief executive is to be appointed from among persons who appear—

a

as regards the first appointment, to Ministers, and

b

as regards subsequent appointments, to the Regulator,

to have knowledge and skills relevant to the functions of the Regulator.

6

The Regulator may, with the approval of Ministers—

a

vary any terms of a person's appointment as chief executive, or

b

terminate a person's appointment as chief executive if satisfied that the person is not performing the functions of that post adequately.

I9314The Regulator's other staff and property

1

The Regulator may appoint, on such terms as it may determine, other members of staff.

2

The Regulator must obtain the approval of Ministers for the terms of such staff.

3

Schedule 1 makes transitional provisions about the Regulator's staff and property.

Powers

I2615The Regulator's general powers

1

The Regulator may do anything which appears necessary or expedient for the purpose of, or in connection with, the performance of its functions.

2

The Regulator may not however—

a

acquire or dispose of land without the consent of Ministers,

b

borrow money,

c

give guarantees without the consent of Ministers, or

d

determine the location of its office premises without the approval of Ministers.

I2716Delegation of powers

Any function of the Regulator may be performed on its behalf—

a

by any person (whether or not a member of the Regulator or its staff) authorised by the Regulator to do so, and

b

to the extent so authorised.

This section does not affect the Regulator's responsibility for performance of, or its ability to perform, delegated functions.

Studies, co-operation and annual reports

I2817Studies

1

The Regulator may carry out, or commission, studies or research to inform its approach towards meeting its objective.

2

The Regulator may publish a report on any study or research.

18Co-operation with other regulators

I291

The Regulator must, so far as consistent with the proper performance of its functions, seek to secure co-operation between it and other relevant regulators.

I292

“Relevant regulators” are—

a

F1the Regulator of Social Housing,

b

the Office of the Scottish Charity Regulator,

c

Healthcare Improvement Scotland,

d

Social Care and Social Work Improvement Scotland,

e

the Scottish Public Services Ombudsman,

F3f

the Financial Conduct Authority,

Registration criteria

I31 I7624Legislative registration criteria

1

The “legislative registration criteria” are—

a

that a body does not trade for profit,

b

that a body is established for the purpose of, or has among its objects and powers, the provision, construction, improvement or management of—

i

houses to be kept available for letting,

ii

houses for occupation by members of that body, where the rules of that body restrict membership to persons entitled or prospectively entitled (as tenants or otherwise) to occupy a house provided or managed by that body, or

iii

hostels,

c

that a body carries out, or intends to carry out, those purposes, objects or powers in Scotland, and

d

that any additional purposes or objects of a body must be from among the following—

i

providing land, amenities or services, or providing, constructing, repairing or improving buildings, for its residents (or for its residents and other persons together),

ii

acquiring, or repairing and improving, or creating by the conversion of houses or other property, houses to be disposed of on sale, on lease, on shared ownership terms or on shared equity terms,

iii

constructing houses to be disposed of on shared ownership terms or on shared equity terms,

iv

managing—

A

houses which are held on leases or other lettings (not being houses falling within subsection (1)(b)(i) or (1)(b)(ii)), or

B

blocks of flats (a block of flats meaning a building containing two or more flats which are held on leases or other lettings and which are occupied or intended to be occupied wholly or mainly for residential purposes),

v

providing services of any description for owners or occupiers of houses in—

A

arranging or carrying out works of maintenance, repair or improvement, or encouraging or facilitating the carrying out of such works,

B

arranging property insurance,

vi

encouraging and giving advice on the formation of registered social landlords,

vii

providing services for, and giving advice on the running of—

A

registered social landlords, and

B

other organisations whose activities are not carried on for profit which are concerned with housing or matters connected with housing,

viii

promoting or improving the economic, social or environmental wellbeing of—

A

its residents (or its residents and other persons together), or

B

the area in which the houses or hostels it provides are situated,

ix

giving financial assistance (by way of grant or loan or otherwise) to persons in order to help them to acquire houses on shared equity terms.

2

But a body is not ineligible for registration by reason only that its powers include power—

a

to acquire commercial premises or businesses as an incidental part of a project or series of projects undertaken for purposes or objects falling within subsection (1)(b) or (1)(d),

b

to repair, improve or convert any commercial premises acquired as mentioned in paragraph (a) or to carry on for a limited period any business so acquired, or

c

to repair or improve houses, or buildings in which houses are situated, after the tenants have exercised, or claimed to exercise, rights to purchase under section 61 of the Housing (Scotland) Act 1987 (c.26).

3

Ministers may by order—

a

amend the purposes, objects and powers specified in subsections (1)(d) and (2),

b

make such provision (including provision amending or otherwise modifying any provision of this Act) which Ministers consider appropriate for the purpose of applying any provision of this Act to, or adapting it for, bodies constituted otherwise than as a registered society or registered company.

4

Before making any order under this section, Ministers must––

a

have regard to the interests of persons who may become—

i

homeless, or

ii

tenants of social landlords, and

b

consult—

i

the Regulator,

ii

tenants of social landlords or their representatives,

iii

social landlords or their representatives, and

iv

secured creditors of registered social landlords or their representatives.

5

Any order which restricts or limits purposes or objects in subsection (1)(d) has no effect in relation to a body registered as a social landlord when the order was made.

6

In this section—

“letting” includes the grant of a right or permission to occupy,
“residents”, in relation to a body, means persons occupying the houses or hostels provided or managed by the body.

I32 I7725Regulatory registration criteria

1

The “regulatory registration criteria” are such criteria as the Regulator may set about—

a

a body's financial situation,

b

the arrangements for a body's governance and financial management,

c

the manner in which a body provides housing services,

and different criteria may be set for different types of bodies or cases.

2

Before setting, revising or withdrawing any criteria, the Regulator must consult—

a

Ministers,

b

tenants of social landlords or their representatives,

c

social landlords or their representatives, and

d

secured creditors of registered social landlords or their representatives.

3

The Regulator must make arrangements for bringing the regulatory registration criteria (and any revision or withdrawal) to the attention of those affected by it.

I33 I7826Guidance on registration criteria

b

have regard to any views expressed by the body in that period.

I34 I7928Voluntary de-registration

and the Court's determination of the matter is final.

3

Where the appeal is against a decision to remove a body from the register, the Regulator must not remove the body before the appeal has been finally determined or is withdrawn.

Communication with other regulators

I8530Communication with other regulators

1

As soon as reasonably practicable after registering or de-registering a body, the Regulator must—

a

in the case of a charity, notify the Office of the Scottish Charity Regulator,

b

in the case of a registered society, notify the F4Financial Conduct Authority, and

c

in the case of a registered company, notify the registrar of companies.

2

As soon as reasonably practicable after an appeal is brought under section 29, the Regulator must give notice of the outcome of the appeal to—

a

in the case of a charity, the Office of the Scottish Charity Regulator,

b

in the case of a registered society, the F4Financial Conduct Authority, and

c

in the case of a registered company, the registrar of companies.

3

The Office of the Scottish Charity Regulator must keep a record of any notice it is given under this section.

Part 3Performance of social landlords

Targets, guidance, code of conduct and equal opportunities

I10034Performance improvement targets

1

The Regulator may set performance improvement targets specifying the level or quality of housing services or the standard of housing activities which social landlords must aim to provide by a specified time.

2

Different performance improvement targets, or different times, may be set for different social landlords or for different areas or cases.

3

Before issuing, revising or withdrawing a performance improvement target, the Regulator must consult—

a

Ministers,

b

tenants of social landlords or their representatives,

c

homeless persons or bodies representing the interests of homeless persons,

d

recipients of housing services provided by social landlords or their representatives,

e

social landlords or their representatives,

f

secured creditors of registered social landlords or their representatives, and

g

the Accounts Commission for Scotland.

This subsection does not apply where—

i

the performance improvement target affects only one social landlord, or

ii

the Regulator considers that there is an urgent need to set the performance improvement target.

4

The Regulator must make arrangements for bringing a performance improvement target (and any revision or withdrawal) to the attention of affected social landlords.

secured creditors of registered social landlords or their representatives, and

g

the Accounts Commission for Scotland.

5

The Regulator must make arrangements for bringing its guidance (and any revision or withdrawal) to the attention of affected social landlords.

I39 I8136Code of conduct: governance and financial accountability

1

The Regulator must issue a code of conduct setting out standards of financial management and governance for registered social landlords.

2

The code of conduct may make different provision for different registered social landlords or for different areas or cases.

3

The Regulator must issue guidance on the code of conduct.

4

Before issuing or revising its code of conduct or guidance, the Regulator must consult—

a

tenants of registered social landlords or their representatives,

b

registered social landlords or their representatives, and

c

secured creditors of registered social landlords or their representatives.

5

The Regulator must make arrangements for bringing the code of conduct (and any revision) and its guidance (and any revision) to the attention of registered social landlords.

I10137Financial management or governance targets for registered social landlords

1

The Regulator may set financial management or governance targets specifying standards of financial management or governance which registered social landlords must aim to achieve by a specified time.

2

Different financial management or governance targets, or different times, may be set for different registered social landlords or for different cases.

3

Before issuing, revising or withdrawing a financial management or governance target, the Regulator must consult—

a

Ministers,

b

tenants of registered social landlords or their representatives,

c

registered social landlords or their representatives, and

d

secured creditors of registered social landlords or their representatives.

This subsection does not apply where—

i

the financial management or governance target affects only one registered social landlord, or

ii

the Regulator considers that there is an urgent need to set the financial management or governance target.

4

The Regulator must make arrangements for bringing a financial management or governance target (and any revision or withdrawal) to the attention of affected registered social landlords.

I10238Guidance: financial management or governance targets

b

any relevant financial management or governance target, and

c

any relevant guidance issued under section 38.

send a copy of it to Ministers.

Part 4Inquiries and information

b

by another person (an “inquirer”) appointed by the Regulator,

and, where carried out by an inquirer, references to the Regulator in sections 43 to 49 include references to the inquirer.

5

Where inquiries are made about a body connected to a registered social landlord or a local authority landlord, references to the social landlord in sections 43 and 46 are references to the social landlord and the connected body.

I10643Inquiries: general powers

1

The Regulator, when making inquiries, has the following general powers in addition to the powers conferred by section 48 and other provisions of this Act.

2

The Regulator has a right of access at all reasonable times to—

a

any premises occupied by the social landlord concerned, and

b

any document or other information relating to the social landlord concerned which the Regulator believes to be relevant to the inquiries.

3

The social landlord concerned and any person in premises accessed under subsection (2) must provide such facilities and assistance as the Regulator may reasonably request in connection with the inquiries.

4

A person holding or accountable for any document or other information of a kind described in subsection (2) must, if so required, attend before the Regulator in person to produce the document or, as the case may be, give the information.

5

The Regulator may inspect, copy, make extracts from or take away any document or other information found on premises accessed under subsection (2) (including any information accessible by computers on the premises but stored elsewhere).

6

It is an offence for a person, without reasonable excuse—

a

to fail to comply with subsection (3) or (4), or

b

to otherwise obstruct the Regulator from properly exercising its powers when making inquiries.

7

A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

A person guilty of an offence under subsection (9) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

I10845Exceptional audit

1

The Regulator may, as part of inquiries about a registered social landlord's financial or other affairs, arrange for a qualified auditor (appointed by the Regulator) to—

a

audit the registered social landlord's accounts and balance sheet, and

b

report to the Regulator about matters specified by the Regulator.

“qualified auditor” means a person eligible for appointment as auditor of the registered social landlord's ordinary accounts.

2

It is for the Regulator to pay for the expenses of the audit (including the auditor's remuneration).

3

An audit done under this section is additional to, and does not affect, any other audit done or to be done under any other enactment.

4

It is an offence for a person, without reasonable excuse, to obstruct a person from carrying out an audit under this section.

5

A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

46Reports on inquiries

I671

The Regulator may prepare and publish a report of any inquiries it makes.

I412

The Regulator must—

a

publish a statement setting out the types of inquiries on which it intends to publish reports, and

b

make arrangements for bringing its statement (and any revision) to the attention of––

i

Ministers,

ii

tenants of social landlords,

iii

social landlords,

iv

secured creditors of registered social landlords, and

v

the Accounts Commission for Scotland.

I673

The Regulator must send a copy of a report prepared under this section to the social landlord concerned.

I674

Where the Regulator publishes a report, it must send a copy of the report to every registered tenant organisation associated with the social landlord which is the subject of the report.

Information

47Information from tenants on significant performance failures

I681

The Regulator must make arrangements to enable and assist tenants of social landlords to provide it with information on significant performance failures by social landlords.

I422

The Regulator must publish a statement setting out—

a

what it considers to be a significant performance failure (with reference to standards and outcomes in the Scottish Social Housing Charter, performance improvement targets, financial management and governance targets and the code of conduct issued under section 36), and

b

details of its arrangements (including details of how it will deal with information provided and how it will respond to tenants).

a banker to disclose anything in breach of a duty of confidentiality owed to anyone other than the social landlord or connected body concerned (or any other body connected to the social landlord).

5

The Regulator may copy, or make extracts from, any document or other information it receives.

I11049Failure to provide information etc.

1

It is an offence for a person, without reasonable excuse, to fail to comply with a requirement made under section 48.

2

It is an offence for a person, knowingly or recklessly, to provide information which is false or misleading in a material respect to the Regulator or any other person—

a

in purported compliance with a requirement made under section 48, or

b

otherwise if the person knows, or could reasonably be expected to know, that the information may be used by, or provided to, the Regulator.

3

It is an offence for a person intentionally to alter, suppress, conceal or destroy a document or other information which the person, or which the person knows another person, has been required to provide under section 48.

4

A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

5

A person guilty of an offence under subsection (2) or (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

I43 I8250Social landlords' involvement of tenants etc. when providing information

1

The Regulator must issue guidance setting out the extent to which social landlords must seek to involve persons (or representatives of such persons) who are or who may become—

a

homeless,

b

tenants of social landlords, or

c

recipients of housing services provided by social landlords,

in the preparation of information to be given by social landlords to the Regulator.

2

The Regulator may require a social landlord to provide information on how it has involved such persons (or their representatives) in providing information to which the guidance relates.

3

Guidance may be given generally or for particular purposes (and different guidance may be issued for different social landlords or for different areas or cases).

4

Before issuing or revising guidance, the Regulator must consult—

a

Ministers,

b

tenants of social landlords or their representatives,

c

homeless persons or bodies representing the interests of homeless persons,

d

recipients of housing services provided by social landlords or their representatives,

e

social landlords or their representatives,

f

secured creditors of registered social landlords or their representatives, and

g

the Accounts Commission for Scotland.

5

The Regulator must make arrangements for bringing its guidance (and any revision or withdrawal) to the attention of affected social landlords.

Code of practice

I44 I8351Code of practice: inquiries

1

The Regulator must issue a code of practice on inquiries setting out how it intends to make inquiries and otherwise perform its functions under this Part.

2

The code of practice may, in particular, set out examples of situations in which it may make inquiries, arrange for surveys or audits or require information to be provided.

3

The code of practice must be kept under review and must be re-issued (with any revisions which the Regulator thinks appropriate) at least once every 5 years.

4

Before issuing a code of practice, the Regulator must consult—

a

Ministers,

b

tenants of social landlords or their representatives,

c

homeless persons or bodies representing the interests of homeless persons,

d

recipients of housing services provided by social landlords or their representatives,

e

social landlords or their representatives,

f

secured creditors of registered social landlords or their representatives, and

g

the Accounts Commission for Scotland.

5

The Regulator must make arrangements for bringing the issued code of practice to the attention of social landlords.

Part 5Regulatory intervention

Introductory

I11152Regulatory intervention

Regulatory intervention may consist of any combination of the Regulator—

a

requiring submission of a performance improvement plan (see section 55),

b

serving an enforcement notice (see section 56),

c

appointing, or requiring the appointment of, a manager (see sections 57 and 58),

d

removing, suspending or appointing a registered social landlord's officers or agents (see sections 60 to 65),

e

acting to protect a registered social landlord's assets (see sections 66 and 67).

I11253Exercise of regulatory intervention powers

1

This section applies where the Regulator is deciding—

a

whether to make a regulatory intervention,

b

which regulatory intervention to make, or

c

how to make a regulatory intervention.

2

The Regulator must consider—

a

the desirability of social landlords being free to choose how to provide housing services and manage their financial and other affairs,

b

the speed with which the failure or other problem needs to be dealt with, and

c

its code of practice issued under section 54.

I45 I8454Code of practice: regulatory intervention

1

The Regulator must issue a code of practice on regulatory interventions setting out how it intends to make decisions referred to in section 53(1).

2

The code of practice may, in particular, set out examples of situations in which it may make a regulatory intervention.

3

The code of practice must be kept under review and must be re-issued (with any revisions which the Regulator thinks appropriate) at least once every 5 years.

4

Before issuing a code of practice, the Regulator must consult—

a

Ministers,

b

tenants of social landlords or their representatives,

c

homeless persons or bodies representing the interests of homeless persons,

d

recipients of housing services provided by social landlords or their representatives,

e

social landlords or their representatives,

f

secured creditors of registered social landlords or their representatives, and

g

the Accounts Commission for Scotland.

5

The Regulator must make arrangements for bringing the issued code of practice to the attention of social landlords.

Remedial action

I11355Performance improvement plans

1

This section applies where the Regulator, having made inquiries or otherwise, considers—

a

that a social landlord is, or is at risk of, failing—

i

to achieve a standard or an outcome set out in the Scottish Social Housing Charter, or

ii

to meet a performance improvement target,

b

that––

i

a registered social landlord is, or is at risk of, failing to meet a financial management or governance target, or

ii

there has been misconduct or mismanagement in a registered social landlord's financial or other affairs, or

Where a performance improvement plan is rejected, the social landlord must submit a revised plan to the Regulator by such time as the Regulator may specify.

I11456Enforcement notices

I11658Appointment of manager for financial or other affairs

F351

This section applies where the Regulator, having made inquiries or otherwise, considers—

a

that a registered social landlord has failed, or is failing, to comply with—

i

a duty imposed by this Act or by any other enactment, or

ii

a requirement imposed on the landlord by the Regulator under this Act or any other enactment, and

b

that a person needs to be appointed in order to ensure that the landlord manages its financial or other affairs in a way that will rectify the failure.

2

The Regulator may appoint, or require the registered social landlord to appoint, a manager F36to manage the landlord's financial or other affairs generally, or such aspects of those affairs as are necessary, for the purpose of rectifying the failure which the Regulator considers requires the appointment of the manager.

I11759Appointment of manager: supplementary

5

A determination must not relate to a period beginning before it is published.

I12669Compliance with accounting requirements

1

The accounts of a registered social landlord must comply with accounting requirements determined by the Regulator.

2

The auditor's report must state the auditor's opinion on whether the accounts so comply.

I12770Delivery of accounts and audit

F1011

A registered social landlord must provide the Regulator with a copy of its accounts and auditor's report within 6 months of the end of the period to which they relate.

F1022

In respect of the financial year ending with 31 March 2020—

a

subsection (1) does not apply,

b

a registered social landlord must provide the Regulator with a copy of its accounts and auditor’s report within 9 months of the end of the period to which they relate.

I12871Failure to deliver compliant accounts

1

It is an offence for a registered social landlord to fail to comply with section 69 or 70.

2

A registered social landlord guilty of such an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

I12972Disclosure of information

1

This section applies to any person appointed—

a

to carry out an audit of a registered social landlord's accounts, or

b

as a reporting accountant in relation to registered social landlord.

“reporting accountant” means a person appointed to prepare a report which, by virtue of any enactment, has to be prepared in respect of accounts which are not subject to audit.

2

A person to whom this section applies must disclose information to the Regulator (and may express an opinion on it) where the person has reasonable cause to believe that the information is likely to be of material significance in relation to the performance of the Regulator's general functions under section 3(1)(b).

3

A person to whom this section applies may disclose information to the Regulator (and express an opinion on it) where the person has reasonable cause to believe that—

a

there is no requirement to report the information under subsection (2), but

b

the information is likely to be relevant to the performance of any of the Regulator's functions.

4

A duty or power which arises under subsection (2) or (3) is not affected if the person in relation to whom it arises subsequently stops acting in the capacity mentioned in subsection (1).

5

No duty of confidentiality or other restriction on disclosure howsoever imposed prevents a person from disclosing information to the Regulator under this section.

Part 7Registered social landlords: insolvency etc.

Moratorium

73Notification of step towards insolvency etc.

I691

A person specified in the following table must notify the Regulator—

a

before taking a step so specified, and

b

as soon as reasonably practicable after such a step is taken.

Person	Step
The person taking the step	A step to enforce a security over a registered social landlord's land
The petitioner	Presenting a petition for the winding up of a registered social landlord (but not the presenting of a petition by the Regulator under section 105)
The registered social landlord	Notice being given (in accordance with the constitution of the body to those entitled to vote on the resolution) of the proposal of a resolution for the winding up of a registered social landlord
The person who applied for the order	Applying for, or making, an administration order in respect of a registered social landlord which is a registered company
The person making the appointment	Appointing an administrator in respect of a registered social landlord which is a registered company

I692

The Regulator may determine for the purposes of this Part what is meant by a step to enforce a security over a registered social landlord's land.

I47 I603

Before making, revising or withdrawing a determination, the Regulator must consult—

a

Ministers,

b

registered social landlords or their representatives, and

c

secured creditors of registered social landlords or their representatives.

I694

The Regulator must make arrangements for bringing any determination (and any revision or withdrawal) to the attention of those affected by it.

I13074Effect of failure to notify

1

A step specified in the table in section 73 has no effect if the person so specified fails to give notice under section 73(1)(a) before the step is taken.

2

Failure to give notice of such a step under section 73(1)(b) does not invalidate the step.

I13175Moratorium

1

A moratorium on the disposal of a registered social landlord's land begins when a step specified in the table in section 73 is taken in respect of the registered social landlord.

2

The taking of another such step during the moratorium does not trigger a new moratorium or affect the duration of the existing one.

I13276Period of moratorium

1

A moratorium ends (unless extended or cancelled) 56 days after notice of the step in respect of which it began is given under section 73(1)(b).

2

The Regulator may extend the moratorium from time to time (but may do so only with the consent of all of the registered social landlord's secured creditors whom the Regulator can locate after making reasonable enquiries).

3

The Regulator must give notice of any extension to—

a

the registered social landlord, and

b

a

before or after the moratorium begins,

b

subject to such conditions as the Regulator considers appropriate.

4

A purported disposal during a moratorium without consent is void.

iii

creditors being paid different proportions of secondary non-preferential debts (except where affected creditors agree to be paid a smaller proportion).

“preferential debtF14, ordinary preferential debt, secondary preferential debt” and “preferential creditor” have the same meaning as in the Insolvency Act 1986 (c.45).

F306

In this section—

“ordinary non-preferential debts” has the meaning given by section 129(1)(g) of the Bankruptcy (Scotland) Act 2016;

“secondary non-preferential debts” and “tertiary non-preferential debts” have the meanings given by section 129A of the Bankruptcy (Scotland) Act 2016.

I13681Proposals: submission

1

The Regulator must submit its proposals to all of the registered social landlord's secured creditors whom the Regulator can locate after making reasonable enquiries.

2

The Regulator must give notice of submitted proposals to—

a

the registered social landlord and its officers, and

b

any liquidator, administrative receiver, receiver or administrator appointed in respect of the registered social landlord or its land.

3

The Regulator must also make arrangements for bringing submitted proposals to the attention of the registered social landlord's members, tenants and unsecured creditors.

I8782Proposals: agreement

1

Secured creditors to whom proposals are submitted under section 81 may—

a

agree to the proposals (with or without modification), or

b

reject the proposals.

2

Proposals agreed with modifications have effect only if the Regulator agrees to the modifications.

3

The Regulator must give notice of agreed proposals to—

a

the registered social landlord and its officers,

b

all of the registered social landlord's secured creditors whom the Regulator can locate after making reasonable enquiries,

c

any liquidator, administrative receiver, receiver or administrator appointed in respect of the registered social landlord or its land,

d

where the registered social landlord is a registered society, the F6Financial Conduct Authority, and

e

where the registered social landlord is a charity, the Office of the Scottish Charity Regulator.

4

The Regulator must also make arrangements for bringing agreed proposals to the attention of the registered social landlord's members, tenants and unsecured creditors.

I13783Modifying proposals

1

Agreed proposals may be modified from time to time with the agreement of—

a

the Regulator, and

b

all of the registered social landlord's secured creditors to whom the original proposals were submitted.

2

Sections 80 and 82(3) apply to modified proposals as to the original proposals (and references in sections 84 to 90 to agreed proposals include references to modified proposals).

Implementing proposals

I13884Implementation of agreed proposals

1

Agreed proposals are binding on and accordingly must be implemented by—

a

the Regulator,

b

the registered social landlord,

c

the registered social landlord's creditors (both secured and unsecured), and

d

any liquidator, administrative receiver, receiver or administrator appointed in respect of the registered social landlord or its land.

2

The registered social landlord's officers must co-operate in the implementation of agreed proposals.

But this subsection does not require or allow officers to do anything in breach of a fiduciary or other duty owed by them.

I13985Appointment of manager to implement proposals

1

The Regulator must appoint a manager to implement agreed proposals (where the proposals so provide).

2

A manager must comply with any direction by the Regulator about the performance of the manager's functions (and may be removed on failure to so comply).

3

A manager may apply to the Court of Session for directions about the performance of the manager's functions (and a direction by the court supersedes any contrary direction by the Regulator).

4

The Regulator may appoint another manager in place of a person who for any reason ceases to be manager.

I14086Manager: powers

1

A manager appointed to implement agreed proposals may do anything necessary to secure that implementation.

2

A manager may, in particular—

a

take possession of land (and raise legal proceedings for that purpose),

b

sell or otherwise dispose of land by public auction or private contract,

c

raise or borrow money,

d

grant security over land,

e

grant or enter into, or accept a renunciation of, a lease or tenancy,

f

carry on the registered social landlord's business (in so far as relating to management and transfer of land),

g

carry out works, or do anything else, in connection with the management or transfer of land,

h

execute deeds or other documents on behalf of the registered social landlord,

i

use the registered social landlord's seal (if it has one),

j

make any arrangement or compromise on behalf of the registered social landlord,

k

appoint (and dismiss) agents and staff,

l

appoint a solicitor, accountant or other professional to assist the manager,

m

make payments,

n

take out insurance,

o

raise or defend legal proceedings,

p

refer a dispute to arbitration,

q

do anything incidental to the exercise of the above powers.

3

A manager acts as the registered social landlord's agent and is accordingly not personally liable on an agreement entered into as manager.

4

Anyone dealing with a manager in good faith and for value need not inquire whether the manager is acting within the powers conferred by virtue of this section.

5

A manager must, so far as practicable—

a

consult the registered social landlord's tenants before doing anything likely to affect them, and

b

inform them of the effect of any such action.

I8887Manager of registered society: extra powers

1

This section applies where a manager is appointed to implement proposals relating to a registered social landlord which is a registered society.

2

The manager may make and execute, on behalf of the society—

a

an instrument providing for the amalgamation of the society with another registered society (“amalgamation instrument”), or

b

an instrument transferring the society's engagements.

3

An amalgamation instrument executed by a manager has the same effect as a resolution by the society under F50section 109 of the Co-operative and Community Benefit Societies Act 2014 (amalgamation of societies by special resolution).

4

An instrument transferring the engagements has the same effect as a transfer of engagements under F51section 110 or 112 of the Co-operative and Community Benefit Societies Act 2014.

5

The manager must send a copy of the instrument (signed by the manager) to the F7Financial Conduct Authority.

6

The copy instrument must be registered by that Authority and the instrument does not take effect until the copy is so registered.

7

A copy instrument must be sent for registration within 14 days of execution (but a copy registered after that period is valid).

make loans,

c

indemnify a manager or officer, or

d

make payments, or give guarantees, connected with loans (whether secured or otherwise),

without the consent of Ministers.

I14289Failure by manager to implement agreed proposals

1

This section applies where a registered social landlord, or any of its creditors, applies to the Court of Session on the ground that a manager has acted otherwise than in accordance with agreed proposals.

2

The Court may—

a

confirm, modify or reduce any decision or other act of the manager,

b

give the manager directions, or

c

make such other order as the court thinks fit.

I14390Other failure to implement agreed proposals

1

This section applies where any person bound by agreed proposals applies to the Court of Session on the ground that another person so bound has acted, or proposes to act, otherwise than in accordance with the proposals.

2

The Court may—

a

confirm or modify the act,

b

declare the act to be of no effect, or

c

make such other order (by way of interdict, award of damages or otherwise) as the court thinks fit.

I14491Meaning of “land”

References in this Part to a registered social landlord's land include references to any existing or future interest of the landlord in rent or other receipts arising from land.

Part 8Registered social landlords: organisational change etc.

Change of name, office or constitution

92F52Change of name, office or constitution

A registered social landlord must give the Regulator notice of—

a

any change to—

i

its name, or

ii

its registered or principal office,

b

any amendment to its constitution (other than a change of name or office),

within 28 days of the change or amendment being made.

F8893Change of constitution

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8894Registered society's rules: supplementary

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8895Change of registered company's articles: supplementary

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registered societies: restructuring, winding up and dissolution

I8996Restructuring, winding up and dissolution of registered societies

1

This group of sections applies to a registered social landlord—

a

which is a registered society, and

b

whose inclusion in the register has been recorded by the F8Financial Conduct Authority.

F532

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F533

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

96AF89Proposed restructuring of society

1

This section applies where the society proposes to pass a special resolution for the purposes of a restructuring provision where the restructuring—

a

will result in a tenant under a Scottish secure tenancy ceasing to be a tenant of the society proposing the restructuring, and

b

is a restructuring other than the conversion of the society into a company in accordance with section 112 of the Co-operative and Community Benefit Societies Act 2014.

2

The society must comply with sections 115 to 120 (as applied by subsection (3)) in relation to the proposed restructuring.

3

Sections 115 to 120 apply in relation to a proposed restructuring to which this section applies as they apply in relation to a proposed disposal to which section 107(4) applies, subject to the modification that section 115A(2) has effect as if, for paragraph (b), there were substituted—“(b)before notice of a meeting at which the special resolution is intended to be proposed is given under section 111 or, as the case may be, 113 of the Co-operative and Community Benefit Societies Act 2014,”.

4

In this section and section 97, “restructuring provision” means any of the following provisions of the Co-operative and Community Benefit Societies Act 2014—

a

section 109 (amalgamation),

b

section 110 (transfer of engagements),

c

section 112 (conversion into or amalgamation with registered company).

97F54Restructuring of society

1

This section applies in relation to a special resolution passed by the society for the purposes of a restructuring provision.

2

Where the restructuring to which the special resolution relates is one to which section 96A applies, the Financial Conduct Authority may register the special resolution only if—

a

the society confirms the matters mentioned in subsection (3), and

b

a copy of the confirmation accompanies the copy special resolution sent to the Financial Conduct Authority for the purposes of the Co-operative and Community Benefit Societies Act 2014.

3

Those matters are that, before the special resolution was passed—

a

the society complied with sections 115 and 115A(1) (as applied by section 96A(3)), and

b

a majority of tenants—

i

voting in a ballot conducted under section 115A(1)(a) wish the restructuring to proceed, or, as the case may be,

ii

whose written agreement to the restructuring was sought under section 115A(1)(b) have given that agreement.

4

The society must, as soon as reasonably practicable after sending the copy special resolution to the Financial Conduct Authority (and, in a case to which subsection (2) applies, no later than 28 days after doing so), give notice of the restructuring to the Regulator.

5

Any new body created, or to whom engagements are transferred, in pursuance of such a special resolution is to be included in the register (and is to be treated as so included pending such inclusion).

I9098F91Voluntary winding up of society

1

This section applies in relation to the voluntary winding up of the society under the Insolvency Act 1986.

2

The society must consult its tenants in relation to the proposed voluntary winding up before passing a resolution for the winding up of the society.

3

Such a resolution is valid only if—

a

the society confirms that it consulted its tenants as mentioned in subsection (2), and

b

a copy of the confirmation accompanies the copy resolution sent to the Financial Conduct Authority for the purposes of section 30 of the Companies Act 2006 (as applied by virtue of section 123 of the Co-operative and Community Benefit Societies Act 2014 and section 84(3) of the Insolvency Act 1986).

4

The society must, as soon as reasonably practicable after sending the copy resolution to the Financial Conduct Authority, give notice of the voluntary winding up to the Regulator.

5

The Regulator must issue guidance in relation to consultation for the purpose of subsection (2).

6

A society must, in consulting tenants for that purpose, have regard to guidance issued under subsection (5).

I9199F92Dissolution of society

1

This section applies where the society proposes an instrument of dissolution of the society (within the meaning of section 119 of the Co-operative and Community Benefit Societies Act 2014).

2

The society must consult its tenants in relation to the proposed dissolution before seeking the approval of the instrument for the purposes of section 119 of that Act.

3

The Financial Conduct Authority may register an instrument of dissolution of the society under section 121 of the Co-operative and Community Benefit Societies Act 2014, or cause notice of the dissolution to be advertised under section 122 of that Act, only if—

a

the society confirms that it consulted its tenants as mentioned in subsection (2), and

b

a copy of the confirmation accompanies the instrument sent to the Financial Conduct Authority for the purposes of section 121 of that Act.

4

The society must, as soon as reasonably practicable after sending the instrument to the Financial Conduct Authority, give notice of the dissolution to the Regulator.

5

The Regulator must issue guidance in relation to consultation for the purpose of subsection (2).

6

A society must, in consulting tenants for that purpose, have regard to guidance issued under subsection (5).

Companies: restructuring and winding up

I145100Restructuring and winding up of companies

1

This group of sections applies to a registered social landlord which is a registered company.

F552

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F553

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

100AF90Restructuring by company: proposed restructuring

1

F104Subsections (2) and (3) apply where—

a

a court order is made in respect of the company under section 896 of the Companies Act 2006,

b

the meeting summoned by the court order is to agree a restructuring of a type mentioned in section 900(1) of that Act, F105...

F106c

the restructuring will result in a tenant under a Scottish secure tenancy ceasing to be a tenant of the company in respect of which the order is made, and

d

the company is not being wound up and is not in administration.

2

The company must comply with sections 115 to 120 (as applied by subsection (3)) in relation to the proposed restructuring.

3

Sections 115 to 120 apply in relation to a proposed restructuring to which F107this subsection applies as they apply in relation to a proposed disposal to which section 107(4) applies, subject to the modification that section 115A(2) has effect as if, for paragraph (b), there were substituted—

b
before the meeting summoned by the court order under section 896 of the Companies Act 2006 takes place,

F1034

Subsections (5) and (6) apply where—

a

a court order is made in respect of the company under section 901C(1) of the Companies Act 2006,

b

the meeting summoned by the court order is to agree a restructuring of a type mentioned in section 901J(1) of that Act,

c

the restructuring will result in a tenant under a Scottish secure tenancy ceasing to be a tenant of the company in respect of which the order is made, and

d

the company is not being wound up and is not in administration.

5

The company must comply with sections 115 to 120 (as applied by subsection (6)) in relation to the proposed restructuring.

6

Sections 115 to 120 apply in relation to a proposed restructuring to which this subsection applies as they apply in relation to a proposed disposal to which section 107(4) applies, subject to the modification that section 115A(2) has effect as if, for paragraph (b), there were substituted—

b
before the meeting summoned by the court order under section 901C of the Companies Act 2006 takes place,

Where the whole or any part of the undertaking and property and liabilities of the company are transferred to another company in pursuance of an order under section 900 F112or 901J of the Companies Act 2006, that other company is to be included in the register (and is to be treated as so included pending such inclusion).

102F57Conversion of company into a registered society

1

This section applies in relation to the conversion of the company into a registered society under section 115 of the Co-operative and Community Benefit Societies Act 2014.

2

The company must consult its tenants on the proposed conversion before passing a special resolution for the conversion of the company into a registered society under section 115 of that Act.

3

5

The Regulator must issue guidance in relation to consultation for the purpose of subsection (2).

6

A company must, in consulting tenants for that purpose, have regard to guidance issued under subsection (5).

F97Registered social landlord becoming a subsidiary of another body

Annotations:

Amendments (Textual)

F97

S. 104A and cross-heading inserted (20.11.2014) by Housing (Scotland) Act 2014 (asp 14), ss. 98(1), 104(3); S.S.I. 2014/264, art. 2, Sch. (with art. 3)

The registered social landlord must, as soon as reasonably practicable after the arrangement takes effect (and no later than 28 days after that event), give notice of the arrangement to the Regulator.

Winding up petition

F59105Regulator's power to petition for winding up

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Asset transfer on dissolution or winding up

I72106Asset transfer on dissolution or winding up

4

This subsection applies to a disposal of land which will result in a tenant under a Scottish secure tenancy ceasing to be a tenant of the landlord making the disposal.

5

This section does not apply where section 108 applies to the disposal.

facilities for the preparation or provision of cooked food.

I48 I613

Before making, revising or withdrawing a determination under subsection (1)(k), the Regulator must consult—

a

Ministers,

b

registered social landlords or their representatives, and

c

secured creditors of registered social landlords or their representatives.

I704

The Regulator must make arrangements for bringing a determination (and any revision or withdrawal) to the attention of those affected by it.

109F63Notification of disposals

I71F641

A registered social landlord must notify the Regulator of any disposal of land or any other asset as soon as reasonably practicable (and, where section 107(4) applies, no later than 28 days) after the disposal is made.

I712

The Regulator may make a determination—

a

dispensing with the notification requirement in subsection (1),

b

where section 107(4) applies, extending the period mentioned in that subsection.

I713

A determination may be given generally or for particular purposes (and different determinations may be issued for different social landlords or for different areas or properties).

I49 I624

Before issuing, revising or withdrawing a general determination, the Regulator must consult—

a

Ministers,

b

tenants of social landlords or their representatives,

c

registered social landlords or their representatives, and

d

secured creditors of registered social landlords or their representatives.

I715

The Regulator need not consult on a specific determination relating only to one or more particular registered social landlords or properties.

I146110F66Tenant consultation where no change of landlord

F671

This section applies in relation to disposals of land by registered social landlords to which section 107(2) applies.

2

The registered social landlord must F68, before making such a disposal —

a

consult—

i

tenants of any houses included in the disposal, and

ii

any other person whom the Regulator requires the landlord to consult, and

b

inform the Regulator of the views expressed by those consulted.

F653

The Regulator must issue guidance in relation to consultation under subsection (2).

4

A registered social landlord must, in consulting tenants or other persons under subsection (2)(a), have regard to guidance issued by the Regulator under subsection (3).

111F69Effect of disposals in breach of section 107

1

A disposal of land by a registered social landlord to which section 107(2) applies is void if the landlord did not comply with section 110(2)(a).

2

A disposal of land by a registered social landlord to which section 107(4) applies is void if—

a

the landlord did not comply with section 115 or 115A(1), or

b

a majority of tenants—

i

voting in a ballot in relation to the disposal under section 115A(1)(a) did not wish the disposal to proceed, or, as the case may be,

ii

whose written agreement to the disposal was sought under section 115A(1)(b) did not give that agreement.

I147112De-registered bodies

This Part applies in relation to a disposal of land by a body removed from the register of social landlords as if that body were still registered. But it only so applies in relation to land held by the body before it was so removed.

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

Chapter 1Disposals by a registered social landlord

I148113Disposals resulting in change of landlord

1

This Chapter applies to a disposal of land by a registered social landlord F70to which section 107(4) applies.

F712

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

Where this Chapter applies to only a part of a disposal of land, it applies to that part as to a separate disposal.

F72114Regulator's initial decision

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I149115Consultation with tenants

1

A registered social landlord proposing to make a disposal must F73... serve a notice on the tenants of each house included in the proposed disposal—

a

specifying to whom the proposed disposal is to be made,

b

explaining the likely consequences of the disposal for the tenants,

c

informing them of their right to make representations to the registered social landlord within such reasonable period (of not less than 28 days) as may be specified, and

d

including such other details about the proposed disposal as the landlord considers appropriate.

2

The registered social landlord must, after considering any timeous representations made in pursuance of the notice served under subsection (1), serve a further notice on the tenants concerned—

a

informing them—

i

of any significant changes to the proposed disposal, F74 . . .

F74ii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

explaining that the disposal requires the F75approval of tenants by way of ballot or written agreement.

115AF93Tenant approval

1

A registered social landlord must, in relation to a proposed disposal—

a

conduct a ballot of tenants of houses included in the proposed disposal on the question of whether the tenants wish the disposal to proceed, or

b

seek the written agreement of the tenants of houses included in the proposed disposal to the disposal.

2

The registered social landlord must—

a

as soon as reasonably practicable after the ballot is completed or, as the case may be, the period for the giving of written agreement has expired, and

b

before making the disposal,

notify the Regulator of the results of the ballot or, as the case may be, the number of written agreements sought and the number given.

115BF93Guidance

1

The Regulator must issue guidance in relation to tenant consultation and approval under sections 115 and 115A.

2

Guidance issued under subsection (1) may in particular include guidance as to—

a

how notices under section 115(1) and (2) are to be served and the information to be contained in such notices,

b

the consideration to be given to timeous representations made in pursuance of a notice served under section 115(1),

c

the circumstances in which the approval of tenants under section 115A is to be sought by way of—

i

ballot,

ii

written agreement,

d

how such ballots are to be conducted and how such written agreements are to be sought and given.

3

A registered social landlord must, in complying with sections 115 and 115A, have regard to guidance issued by the Regulator under subsection (1).

F94116Regulator's consent

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F94117Further information

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F94118Ballot

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F94119Written agreements

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I150120Unaffected tenants

1

In this section, “unaffected tenant” means a tenant of a house included in a proposed disposal of land who the registered social landlord expects to have vacated the house before the disposal is made.

2

The registered social landlord—

a

need not give notice (or further notice) under section 115 to an unaffected tenant, and

b

may exclude an unaffected tenant from any ballot conducted under F76section 115A(1)(a), and

F77c

need not seek the agreement of an unaffected tenant when seeking written agreement under section 115A(1)(b).

3

But, where a registered social landlord does not give such a notice or so excludes a tenant from the ballot or does not seek the tenant's written consent, the F78registered social landlord must confirm that the tenants concerned have all vacated the houses concerned when notifying the Regulator under section 115A(2).

F79121Regulator's approval

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F80122Purchaser protection

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 2Restructuring of a registered social landlord

F81123Restructuring resulting in change of landlord

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F82124Purchaser protection

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9CHAPTER 3REGISTERED SOCIAL LANDLORD BECOMING A SUBSIDIARY OF ANOTHER BODY

Annotations:

Amendments (Textual)

Pt. 10 Ch. 3 inserted (20.11.2014) by Housing (Scotland) Act 2014 (asp 14), ss. 98(2), 104(3); S.S.I. 2014/264, art. 2, Sch.

F83124ARegulator's consent

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F84124BPurchaser protection

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

occupied by a qualifying tenant.

2

A “qualifying tenant” is a tenant under a Scottish secure tenancy (other than a tenancy in respect of which an order for recovery of possession has been granted under section 16(2) of the Housing (Scotland) Act 2001 (asp 10)).

3

An exempt house is a house—

a

which is one of a group which has been provided with facilities (including a call system and the services of a warden) specially designed or adapted for the needs of persons of pensionable age or disabled persons,

b

which has facilities which are substantially different from those of an ordinary house and has been designed or adapted for occupation by a person of pensionable age or a disabled person whose special needs require accommodation of the kind provided by the house, or

c

which falls within subsection (4).

4

A house falls within this subsection if—

a

it is held by Orkney Islands Council, Shetland Islands Council or Comhairle nan Eilean Sar for the purposes of its functions as an education authority and is required for the accommodation of a person who is or will be employed by the council for those purposes, and

b

the council concerned is not likely to be able reasonably to provide other suitable accommodation for that person.

I154128Application to acquire eligible house

c

the applicant is required to do anything under this Part within a certain period and that period (or that period as extended under section 136) expires without the applicant doing what is required,

but this does not affect the applicant's right to make a further application.

I155129Offer to sell

1

The local authority landlord must, within 2 months of an application being made under section 128—

a

make an offer to sell the house to the applicant—

i

at a price equal to the market value of house as determined in accordance with section 130, and

ii

subject to conditions imposed in accordance with section 131, or

b

refuse the application under section 133.

2

The local authority landlord must give a copy of an offer to sell to the qualifying tenant.

where an approved person would willingly acquire the house for no consideration, nil,

and the house's market value may accordingly be determined to be a negative value or nil.

4

Where market value is determined to be a negative value or nil—

a

the reference in section 129 to selling the house is to be read as a reference to disposing of it, and

b

where the market value is determined to be a negative value, the obligation to pay falls on the local authority landlord.

considers that a condition contained in the offer to sell is unreasonable, or

b

b

fails to comply with subsection (5),

the applicant may refer the matter to the Lands Tribunal.

7

Such a reference must be made within 1 month of the refusal or, as the case may be, of the expiry of the period referred to in subsection (5).

8

The Lands Tribunal may determine such a reference by—

a

upholding a condition,

b

striking out or modifying a condition, or

c

inserting a new condition.

9

Where a Lands Tribunal determination results in a modification of the offer to sell, it must order the local authority landlord to make to the applicant an amended offer to sell (amended in accordance with the determination) within 2 months of the determination.

I158132Acceptance of an offer to sell

1

An applicant may give the local authority landlord notice of acceptance of an offer to sell within 2 months of the latest of—

a

the date on which the offer to sell was made,

b

the date on which an amended offer to sell (or, if there is more than one, the latest amended offer to sell) was made,

c

the date of a determination by the Lands Tribunal under section 131(8) which does not require the local authority landlord to make an amended offer to sell.

2

If a notice of acceptance is not given within the period required by subsection (1) (or within that period as extended under section 136), both the offer to sell and the related application made under section 128 lapse.

3

A notice of acceptance is of no effect unless the qualifying tenant and the applicant have concluded a lease of the house for a period immediately subsequent to the acquisition of the house (being a lease which is conditional upon that acquisition proceeding).

4

Giving a notice of acceptance constitutes a contract of sale of the house between the local authority landlord and the applicant on the terms contained in the offer (or amended offer) to sell.

I159133Refusal of application

1

A local authority landlord may refuse an application made under section 128 (by giving notice of refusal to the applicant) where it—

a

disputes the applicant's right to acquire under this Part, or

b

considers after reasonable inquiry (including giving the applicant a reasonable opportunity to amend the application) that any information in the application is materially incorrect.

2

A notice of refusal must—

a

specify the grounds of the dispute or, as the case may be, the information considered to be materially incorrect, and

b

must be given—

i

where given under subsection (1)(a), within 1 month of the date on which the application was made, and

ii

where given under subsection (1)(b), within 2 months of that date.

3

The applicant may, within 1 month of a notice of refusal being given, refer the matter to the Lands Tribunal for a finding that the applicant is entitled to exercise the right conferred by this Part on such terms as it may determine.

I160134Reference to Lands Tribunal

1

Where a local authority landlord—

a

fails to comply with section 129(1),

b

fails to comply with an order made under section 131(9), or

c

fails to progress an application in accordance with any finding under section 133(3) within 2 months of that finding being made,

the applicant may refer the matter to the Lands Tribunal.

2

The Lands Tribunal may, if it finds that any of paragraphs (a) to (c) of subsection (1) apply, make an offer to sell to the applicant and do otherwise as the local authority landlord might do in pursuance of such an offer to sell.

Anything done by the Lands Tribunal under this subsection has effect as if done by the local authority landlord.

3

Nothing in this section affects a provision in any other enactment relating to the enforcement of a statutory duty whether under that enactment or otherwise.

I163137Charitable registered social landlords

1

In this section—

“charitable registered social landlord” means a registered social landlord which is entered in the Scottish Charity Register, and
“OSCR” means the Office of the Scottish Charity Regulator.

2

The Regulator and OSCR must, in pursuance of section 18 of this Act and section 20 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10), together make arrangements with a view to—

a

securing the exchange of information between them about charitable registered social landlords,

b

securing the co-ordination of any activities they carry on in exercising functions in relation to charitable registered social landlords, and

c

preventing any unnecessary duplication in relation to any inquiries made, or to be made, by them in relation to charitable registered social landlords.

3

The Regulator and OSCR—

a

must set out the arrangements in a memorandum,

b

must keep the memorandum under review, and

c

may from time to time revise or replace the memorandum.

4

The Regulator and OSCR must take such steps as they think fit to publicise the memorandum (and any revision or replacement).

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

I1138Residential restriction on a long lease

In section 8 of the Land Tenure Reform (Scotland) Act 1974 (c.38), after subsection (3) insert—

3A
The condition contained in subsection (1) above does not apply to a long lease executed after the commencement of section 138 of the Housing (Scotland) Act 2010 (asp 17) where at the time the lease is executed the lessee is—
a
a social landlord (within the meaning of section 165 of the Housing (Scotland) Act 2010);
b
a body connected to a social landlord (within the meaning of section 164 of the Housing (Scotland) Act 2010); or
c
a rural housing body (within the meaning of section 122(1) of the Title Conditions (Scotland) Act 2003).

I2139Heritable security redemption right

In section 11 of the Land Tenure Reform (Scotland) Act 1974, after subsection (3) insert—

3A
The right to redeem a heritable security conferred by this section does not apply to a heritable security where—
a
the debtor (or where the debtor is not the proprietor, the proprietor of the security subjects) has in writing renounced the right to redeem conferred by this section; and
b
at the time of doing so that body is—
i
a social landlord (within the meaning of section 165 of the Housing (Scotland) Act 2010);
ii
a body connected to a social landlord (within the meaning of section 164 of the Housing (Scotland) Act 2010); or
iii
a rural housing body (within the meaning of section 122(1) of the Title Conditions (Scotland) Act 2003).

Part 14Right to buy: reforms

F19140Re-accommodated persons: protection of right to buy

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19141Limitation on right to buy: new tenants

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19142Pressured areas: amendments

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19143Limitation on right to buy: new supply social housing

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19144Limitation on right to buy: police housing

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24145Duty to collect and publish information: local authority housing stock

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25146Duty to collect and publish information: tenants eligible for right to buy

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26147Duty to collect and publish information: sale of houses by registered social landlords

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 15Amendment of Housing (Scotland) Act 2006

I3148Introductory

This Part contains miscellaneous amendments of the Housing (Scotland) Act 2006 (asp 1) (“the 2006 Act”).

I4149HRA designation orders: removal of Ministerial involvement

1

Section 2(2) of the 2006 Act is repealed.

2

In section 5 of the 2006 Act—

a

in subsection (1), paragraph (b) and the word “or” immediately preceding it are repealed,

b

in subsection (2), the words “, with the consent of the Scottish Ministers,” are repealed,

c

in subsection (4), the words “(1)(b) or” are repealed.

3

In schedule 1 to the 2006 Act—

a

in paragraph 1(3)—

i

for the words from first “as” to “considering” substitute “ consider ”,

ii

after first “notice” insert “ before deciding whether to make the HRA designation order. ”,

iii

sub-paragraphs (a) and (b) are repealed,

b

after paragraph 1(5) insert—

5A
Before making such a modification, the local authority must—
a
give notice describing the general effect of the proposed modification to—
i
any owner and occupier of a house, and any other person, who it considers likely to be significantly affected by the modification, and
ii
where it considers that a building which falls within paragraph 4 is likely to be significantly affected by the modification, the planning authority (where the planning authority is not the local authority), and
b
consider any representations made by such persons.

c

paragraph 1(6) is repealed,

d

paragraph 2 is repealed,

e

in the heading for paragraph 3, for “designation” substitute “ decision ”,

f

after paragraph 3(2) insert—

3
Where the local authority decides not to make an HRA designation order proposed under paragraph 1(1), they must give notice of that fact to the persons, and in the manner, mentioned in that provision.

I5150Recovery of expenses

1

In section 50(2)(c)(i) of the 2006 Act, after “unable” insert “ or unwilling ”.

2

In section 59(1) of the 2006 Act, after paragraph (a) insert—

aa
expenses it incurs in pursuance of—
i
devising a maintenance plan under 46(1)(b)(ii) or (c), or
ii
varying a maintenance plan under section 47(1),

3

In section 61 of the 2006 Act, after subsection (3) insert—

3A
A local authority may recover—
a
the amount of any fee payable in respect of registering any such document,
b
any administrative expenses incurred by it in connection with the registration, and
c
interest, at such reasonable rate as it may determine, from the date when a demand for payment is served until the whole amount is paid,
from the owner of the house concerned.

4

In section 172 of the 2006 Act—

a

in subsection (1), after “(2)” insert “ , section 61(3A), subsection (6A) below ”,

b

after subsection (6) insert—

6A
A local authority may recover—
a
the amount of any fee payable in respect of registering a repayment charge or a discharge of such a charge,
b
any administrative expenses incurred by it in connection with the registration, and
c
interest, at such reasonable rate as it may determine, from the date when a demand for payment is served until the whole amount is paid,
from the owner of the living accommodation concerned.

I6151Scheme of assistance: demolition works

Section 71 of the 2006 Act is amended as follows—

a

in subsection (1)(b), after “work” insert “ (including demolition work) ”,

b

in subsection (2), after paragraph (d) insert—

da
demolishing a house,

Part 16Miscellaneous

152Tenant protection: orders for possession against landlord

I71

After section 5A(8) of the Heritable Securities (Scotland) Act 1894 (c.44) insert—

9
For the avoidance of doubt, a decree granted on an application to which this section applies is not an order for possession of a house let on an assured tenancy (within the meaning of Part II of the Housing (Scotland) Act 1988 (c.43)).

I72

After section 24(9) of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35) insert—

10
For the avoidance of doubt, a decree granted on an application under subsection (1B) above is not an order for possession of a house let on an assured tenancy (within the meaning of Part II of the Housing (Scotland) Act 1988 (c.43)).

I543

After section 216(2) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) insert—

2A
Subsection (2) does not apply to an occupant with an assured tenancy (within the meaning of Part II of the Housing (Scotland) Act 1988 (c.43)) or any effects of that occupant where the decree for removing from heritable property was granted on an application—
a
to which section 5A of the Heritable Securities (Scotland) Act 1894 (c.44) applies; or
b
under section 24(1B) of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35).

153Tenant protection: repossession orders

The Housing (Scotland) Act 2001 (asp 10) is amended as follows—

I13 I57a

in section 16, after subsection (5) insert—

5A
Where an order is made under subsection (2) in proceedings under section 14 on the ground that rent lawfully due from the tenant has not been paid (as set out in paragraph 1 of schedule 2) or on grounds including that ground—
a
subsection (5)(a) does not apply,
b
the tenancy is terminated only if the landlord recovers possession of the house in pursuance of the order,
c
the order must specify the period for which the landlord's right to recover possession of the house is to have effect (being no longer than any maximum period which the Scottish Ministers by order prescribe), and
d
the landlord must have regard to any guidance issued by the Scottish Ministers about recovery of possession in pursuance of the order.
5B
Before making an order under subsection (5A)(c) or issuing guidance under subsection (5A)(d), the Scottish Ministers must consult—
a
such bodies representing local authorities,
b
such registered social landlords or bodies representing them,
c
such bodies representing tenants' interests, and
d
such other persons,
as they think fit.

I58b

in section 109(6), after second “section” insert “ 16(5A)(c) or ”.

I8154Police accommodation not to be Scottish secure tenancy

In paragraph 2 of schedule 1 to the Housing (Scotland) Act 2001 (asp 10)—

a

sub-paragraph (a) is repealed,

b

in sub-paragraph (c), for the words “a police force or” substitute “ an ”,

c

at the end of the paragraph insert—

2
A tenancy is not a Scottish secure tenancy if the landlord is a local authority landlord and—
a
the house occupied by the tenant is held by the landlord for the purposes of a police force, or
b
the tenant is let the house expressly on a temporary basis pending its being required for the purposes of a police force.
3
Sub-paragraph (2)(a) does not prevent a tenancy from being a Scottish secure tenancy if—
a
the tenancy was created before the relevant day,
b
the tenant moved to the house in pursuance of—
i
an order for recovery of possession made under section 16(2) of the Housing (Scotland) Act 2001 (asp 10), on any of the grounds set out in paragraphs 9 to 13 and 15 of schedule 2 to that Act, in respect of a house subject to a Scottish secure tenancy created before the relevant day, or
ii
the operation of section 19(3)(b), 21(3)(b) or 22(6) of that Act following termination of a Scottish secure tenancy created before the relevant day,
c
the tenant moved to the house from a house subject to a Scottish secure tenancy created before the relevant day in pursuance of a decision by the landlord to demolish that other house as a result of which—
i
the tenancy of that other house was terminated by written agreement between the landlord and the tenant, and
ii
the house was made available to the tenant,
d
the tenant occupied the house immediately before the relevant day under a short Scottish secure tenancy which has, since that day, been converted into a Scottish secure tenancy under section 37, or
e
the tenant—
i
occupied the house (or any other house held by the landlord for the purposes of a police force) under a Scottish secure tenancy immediately before the creation of the tenancy, and
ii
agreed to terminate that Scottish secure tenancy without having been notified by the landlord of the effect of sub-paragraph (2)(a) at least 28 days before so agreeing.
4
In this paragraph—
“police force” has the same meaning as in the Police (Scotland) Act 1967 (c.77),
“relevant day” means the day on which section 154 of the Housing (Scotland) Act 2010 (asp 17) comes into force.

155Scottish secure tenancy: rent arrears pre-action requirements

The Housing (Scotland) Act 2001 (asp 10) is amended as follows—

a

in section 14—

i

after subsection (2) insert—

2A
Where such proceedings are to include the ground that rent lawfully due from the tenant has not been paid (as set out in paragraph 1 of schedule 2)—
a
the notice under subsection (2) must not be served unless the landlord has complied with the pre-action requirements in section 14A, and
b
the proceedings may not be raised unless the landlord has confirmed to the court in such form as the Scottish Ministers may prescribe by regulations that those requirements have been complied with.

ii

the word “and” immediately following subsection (4)(a) is repealed, and

iii

in subsection (4), at the end of paragraph (b) insert

, and
c
where subsection (2A) applies, the steps taken by the landlord which the landlord considers to constitute compliance with the pre-action requirements in section 14A.

b

after section 14, insert—

14APre-action requirements where grounds for possession include rent arrears
1
The pre-action requirements referred to in section 14(2A) are set out in subsections (2) to (7) below.
2
The landlord must provide the tenant with clear information about—
a
the terms of the tenancy agreement, and
b
outstanding rent and any other outstanding financial obligation of the tenancy.
3
The landlord must make reasonable efforts to provide the tenant with advice and assistance on the tenant's eligibility to receive—
a
housing benefit, and
b
other types of financial assistance (for example, other benefits or grants).
4
The landlord must provide the tenant with information about sources of advice and assistance in relation to management of debt.
5
The landlord must make reasonable efforts to agree with the tenant a reasonable plan for future payments to the landlord, such plan to include proposals in respect of—
a
future payments of rent, and
b
outstanding rent and any other outstanding financial obligation of the tenancy.
6
The landlord must not serve a notice under section 14(2) if—
a
an application for housing benefit for the tenant—
i
has been made but has not yet been determined, and
ii
is, in the opinion of the landlord, likely to result in the benefit being paid at a level allowing the tenant to pay, or reduce by an amount acceptable to the landlord, the outstanding rent and any other outstanding financial obligation of the tenancy,
b
the tenant is taking other steps which, in the opinion of the landlord, are likely to result in the payment to the landlord within a reasonable time of—
i
the outstanding rent, and
ii
any other outstanding financial obligation of the tenancy, or
c
the tenant is complying with the terms of a plan agreed to in accordance with subsection (5).
7
The landlord, unless it is a local authority landlord, must encourage the tenant to contact the local authority in whose area the house is situated.
8
In complying with the pre-action requirements the landlord must have regard to any guidance issued by the Scottish Ministers.
9
The Scottish Ministers may by order make further provision about the pre-action requirements, including provision—
a
specifying particular steps to be taken, or not to be taken, by a landlord in complying with any requirement;
b
modifying or removing any requirement.
10
In this section, “housing benefit” has the same meaning as in section 123 of the Social Security Contributions and Benefits Act 1992 (c.4).

I59c

in section 109—

i

in subsection (4), after “7(3)” insert “ , 14A(9) ”, and

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.

I165160Formal communications

1

A “formal communication” means—

a

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

b

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.

I10 I50 I74162Minor and consequential amendments and repeals

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

163Ancillary provision

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.

I11164Connected bodies

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.

F10...

C1165Interpretation

In this Act, except where the contrary intention appears—

“approved person” means a person approved under section 126,
“asset” includes property, rights and interests,
“assured agricultural occupancy” has the same meaning as in Part 1 of the Housing Act 1988 (c.50),
“assured tenancy” has the same meaning as in Part 2 of the Housing (Scotland) Act 1988 (c.43),
“body” includes a body of persons corporate or unincorporated and a partnership constituted under the law of Scotland,
“charity” means a body entered in the Scottish Charity Register,
“connected body”, and similar expressions, have the meaning given by section 164,
“constitution”—
1. a
  in relation to a registered company, means its articles of association,
2. b
  in relation to a registered society, means its rules,
3. c
  in relation to a body of any other status, means the instrument which establishes it and states its purposes,
“disposal”, in relation to property, means any disposal of the property or any interest in it and, in particular, includes—
1. a
  a sale or lease of the property or any interest in it,
2. b
  granting security over the property or any interest in it, and
3. c
  granting an option or otherwise entering into a contract for disposal,
“eligible house” has the meaning given by section 127(1),
“enforcement notice” has the meaning given by section 56,
“equal opportunities” has the same meaning as in Section L2 of Part 2 of Schedule 5 to the Scotland Act 1998 (c.46),
“financial management or governance target” has the meaning given by section 37,
“house” includes—
1. a
  any part of a building occupied or intended to be occupied as a separate dwelling, and in particular includes a flat, and
2. b
  any yard, garden, garage, outhouse and pertinent belonging to the house or usually enjoyed with it,
“housing accommodation” includes flats, lodging-houses and hostels,
“housing activities” means any activities undertaken by a social landlord in relation to housing services which are or may be provided by it,
“housing services” means providing housing accommodation and related services and includes anything done, or required to be done, in relation to—
1. a
  the prevention and alleviation of homelessness,
2. b
  the management of housing accommodation,
3. c
  the provision of services for owners and occupiers of houses,
4. d
  the provision and management of sites for gypsies and travellers, whatever their race or origin,
“inquiries” means inquiries under section 42,
“landlord” means any person who lets a house under a tenancy, and includes the landlord's successors in title,
“Lands Tribunal” means the Lands Tribunal for Scotland,
“legislative registration criteria” has the meaning given by section 24,
“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39) and references to a local authority area are to be construed accordingly,
“local authority landlord” means a landlord which is a local authority, a joint board or joint committee of 2 or more local authorities, or the common good of a local authority, or any trust controlled by a local authority,
“Ministers” means the Scottish Ministers,
“offer to sell” has the meaning given by section 129,
“officer”—
1. a
  in relation to a registered social landlord which is a registered company, has the meaning given by section 1173 of the Companies Act 2006 (c.46),
2. b
  in relation to a registered social landlord which is a registered society, has the meaning given by F85section 149 of the Co-operative and Community Benefit Societies Act 2014,
3. c
  in relation to a registered social landlord of any other status, means any person concerned in the management or control of the registered social landlord,
“owner”, in relation to any property, means a person who has right to the property whether or not that person has completed title,
“performance improvement plan” has the meaning given by section 55,
“performance improvement target” has the meaning given by section 34,
“personal indemnity insurance” has the meaning given by section 65(3),
“qualifying tenant” has the meaning given by section 127(2),
“register” has the meaning given by section 20(1),
“registered company” means a company for the purposes of the Companies Act 2006 (c.46),
“registered social landlord” means a body registered in the register,
“registered society” means a society registered under the F86Co-operative and Community Benefit Societies Act 2014,
“registered tenant organisation” has the meaning given by section 53(6) of the Housing (Scotland) Act 2001 (asp 10),
“registration criteria” has the meaning given by section 23,
“the Regulator” means the Scottish Housing Regulator established by section 1,
“regulatory intervention” is to be construed in accordance with section 52,
“regulatory registration criteria” has the meaning given by section 25,
“relevant regulators” has the meaning given by section 18(2),
“responsible individual” has the meaning given by section 63,
“revision” includes addition and replacement,
“tenancy” means an agreement under which a house is made available for human habitation, and “lease” and other related expressions are to be construed accordingly,
“tenant” means a person who leases a house from a landlord and whose right in the house derives directly from the landlord, and in the case of a joint tenancy means all the tenants,
“Scottish secure tenancy” has the same meaning as in the Housing (Scotland) Act 2001 (asp 10),
“Scottish Social Housing Charter” has the meaning given by section 31,
“secured creditor” in relation to a registered social landlord, means a creditor who holds a security over assets,
“security” means any security or charge (including a floating charge),
“short Scottish secure tenancy” has the same meaning as in the Housing (Scotland) Act 2001 (asp 10),
“social landlord” means a registered social landlord, local authority landlord or a local authority which provides housing services,
F11 "subsidiary" has the same meaning as in the Companies Act 2006 (c.46) or, as the case may be, the F87Co-operative and Community Benefit Societies Act 2014,
“undischarged bankrupt” means an individual—
1. a
  whose estate has been sequestrated and who has not been discharged (or against whom a bankruptcy order has been made and is still in force),
2. b
  who has granted a trust deed for, or made a composition or arrangement with, creditors (and has not been discharged in respect of it),
3. c
  who is the subject of—
  1. i
    a bankruptcy restrictions order, or an interim bankruptcy restrictions order, made under the Bankruptcy (Scotland) Act 1985 (c.66) F23, the Bankruptcy (Scotland) Act 2016 or the Insolvency Act 1986 (c.45), or
  2. ii
    a bankruptcy restrictions undertaking entered into under F16paragraph 7 of Schedule 4A to the Insolvency Act 1986, or
4. d
  who has been adjudged bankrupt (and has not been discharged), or is subject to any other kind of order, arrangement or undertaking analogous to those described above, anywhere in the world.

166Commencement

1

The following provisions come into force on Royal Assent—

section 161
section 163
section 165
this section
section 167

In section 4A(3)(ba) (societies which cannot disapply section 4) of the Co-operative and Community Benefit Societies and Credit Unions Act 1968, for “section 57 of the Housing (Scotland) Act 2001 (asp 10)” substitute “ section 20(1) of the Housing (Scotland) Act 2010 (asp 17) ”.

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

I122

In section 21 (provisions for contracting out to be void) of the Land Tenure Reform (Scotland) Act 1974, for “sections 8(6) and 11(3)” substitute “ sections 8(3A), 8(6), 11(3) and 11(3A) ”.

Housing (Scotland) Act 1987 (c.26)

I1703

1

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

2

Sections 17A and 17B are repealed.

3

In section 14(2)(a) (houses which may be sold by local authorities without consent) for “Part III of the Housing (Scotland) Act 1988” substitute “ Part 11 of the Housing (Scotland) Act 2010 (asp 17) ”.

F214

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

In the definition of “registered social landlord” in section 338(1), for “Housing (Scotland) Act 2001 (asp 10)” substitute “ Housing (Scotland) Act 2010 (asp 17) ”.

Housing (Scotland) Act 1988 (c.43)

I1734

1

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

2

In section 1(3)(e), the words from “maintaining” to the third occurrence of “landlords” are repealed.

3

Sections 56 to 64 are repealed.

4

For paragraph 11(ea) (local authority and other tenancies) of Schedule 4 substitute—

ea
a registered social landlord within the meaning of the Housing (Scotland) Act 2010 (asp 17).

Housing Act 1988 (c.50)

I1695

In section 52(10) (recovery etc. of grants) of the Housing Act 1988, for “Housing (Scotland) Act 2001 (asp 10).” substitute “ Housing (Scotland) Act 2010 (asp 17). ”.

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

I516

In the Ethical Standards in Public Life etc. (Scotland) Act 2000, in schedule 3 (devolved public bodies) after the entry relating to the Scottish Further and Higher Education Funding Council”, insert— “ The Scottish Housing Regulator ”.

Housing (Scotland) Act 2001 (asp 10)

I1677

1

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

2

Sections 57 to 68 (and schedules 7 and 8) are repealed.

3

Sections 69 to 75 are repealed.

4

In section 76—

a

in subsection (1), the words “or a registered social landlord” are repealed,

b

in subsection (2), the words “or, as the case may be, section 66 of this Act” are repealed.

5

Sections 79 to 82 are repealed.

6

In section 111, for the definition of “registered social landlord”, substitute—

“registered social landlord” means a body registered in the register maintained under section 20(1) of the Housing (Scotland) Act 2010 (asp 17),

7

In schedule 9—

a

in paragraph 1(1), sub-sub-paragraph (b) (and the word “or” immediately preceding it) are repealed,

b

in paragraph 2(1), the words “or section 66 of this Act” are repealed.

Scottish Public Services Ombudsman Act 2002 (asp 11)

I528

In the Scottish Public Services Ombudsman Act 2002, in schedule 2 (listed authorities) for the words “Scottish Homes” in paragraph 44 substitute “ The Scottish Housing Regulator ”.

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

F129

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

I5310

In the Public Appointments and Public Bodies etc. (Scotland) Act 2003, in schedule 2 (specified authorities) after the entry relating to the Scottish Further and Higher Education Funding Council insert— “ Scottish Housing Regulator ”.

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

I16611

In the definition of “registered social landlord” in section 143(2) of the Antisocial Behaviour etc. (Scotland) Act 2004, for “section 57 of the Housing (Scotland) Act 2001 (asp 10)” substitute “ section 20(1) of the Housing (Scotland) Act 2010 (asp 17) ”.

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

I16812

In section 22(5) of the Further and Higher Education (Scotland) Act 2005, for paragraph (i) substitute—

i
the Scottish Housing Regulator.

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

I17513

1

The Charities and Trustee Investment (Scotland) Act 2005 is amended as follows.

2

In Section 19, after subsection (4) insert––

4A
OSCR must consult the Scottish Housing Regulator before making an application under subsection (4) in relation to a registered social landlord (within the meaning of the Housing (Scotland) Act 2010 (asp 17)).

3

In section 38—

a

subsection (1) is repealed,

b

in subsection (2), for “functions referred to in subsection (1)” substitute “ OSCR's functions under sections 28 to 35 (other than section 30) and section 70A ”,

c

subsection (7) is repealed,

d

the words “(1) or”, where occurring in subsections (8), (9) and (10), are repealed,

e

subsection (12) is repealed.

Housing (Scotland) Act 2006 (asp 1)

I17414

In section 22(4)(b) (application to private rented housing panel) of the Housing (Scotland) Act 2006, for “section 57 of that Act” substitute “ section 20(1) of the Housing (Scotland) Act 2010 (asp 17) ”.

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

I17115

1

The Public Services Reform (Scotland) Act 2010 is amended as follows.

2

In section 115(6), after the entry relating to the Mental Welfare Commission for Scotland insert— “ Scottish Housing Regulator, ”.

3

In schedule 19 (persons subject to user focus duty), after the entry relating to the Office of the Scottish Charity Regulator insert— “ Scottish housing regulator ”.

4

In schedule 20 (persons subject to duty of co-operation), after the entry relating to the Mental Welfare Commission for Scotland insert— “ Scottish Housing Regulator ”.

Housing (Scotland) Act 2010

Part 1The Scottish Housing Regulator

The Regulator

I141The Scottish Housing Regulator

I152The Regulator's objective

1

a

b

c

2

a

b

3The Regulator's functions

I631

a

b

i

ii

I162

a

b

c

d

I17I754Statement on performance of functions

1

a

b

c

2

a

b

3

a

b

c

d

4

a

i

ii

b

i

ii

iii

iv

v

vi

vii

5Involvement of representative bodies

1

I18a

I64b

I182

a

b

c

I183

6Involvement of the Accounts Commission

I651

I192

I207Independence from Ministers

a

b

Membership

I218The Regulator's membership

1

2

a

b

c

d

e

I229Disqualification and removal from office

1

a

b

c

d

e

f

I17 I754Statement on performance of functions