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Housing (Scotland) Act 2010

Guidance, targets and code of conduct

44.Section 35 provides for the regulator to publish guidance about how it will assess social landlords’ performance against the Charter and the indicators it will use to measure progress. There is a requirement for the regulator to consult specified interested parties before issuing, revising or withdrawing this guidance.

45.Section 36 requires the regulator to publish a code of conduct setting out the standards of governance and financial management RSLs are expected to meet. It must also publish guidance on the code of conduct. Before it publishes, revises or withdraws the code of conduct or guidance, subsection (4) requires the regulator to consult RSLs and their tenants (or organisations representative of these groups), and lenders or their representative organisation (the Council of Mortgage Lenders).

46.Section 37 allows the SHR to set financial management or governance targets for RSLs . These targets may be set for an individual landlord or for a group of RSLs. Unless they apply only to an individual registered social landlord - or there is an urgent need to set a target - the regulator must consult those specified in subsection (3) before setting the targets.

47.Under Section 38 the regulator may also publish guidance setting out the indicators or other measures it will use to assess RSLs’ progress against any governance or financial management targets it has set.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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