Housing (Scotland) Act 2010

The Regulator

1 The Scottish Housing Regulator

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

2 The 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.

3 The Regulator’s functions

(1) 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.

(2) 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.

4 Statement on performance of functions

(1) The Regulator—

(a) must prepare a statement setting out how it intends to perform its functions,

(b) must review that statement from time to time (and may revise it following such a review), and

(c) must publish that statement (and any revision).

(2) The statement must include information on how the Regulator intends—

(a) to meet its objective, and

(b) to perform its functions in the way described in section 3(2).

(3) In preparing the statement the Regulator must take into account the different types of social landlord, for example by taking into account—

(a) legal status and governance arrangements,

(b) property owned or managed,

(c) annual turnover,

(d) number of employees.

(4) Before preparing the statement (and when reviewing it), the Regulator must—

(a) have regard to the interests of persons who may become—

(i) homeless, or

(ii) tenants of social landlords, and

(b) consult—

(i) Ministers,

(ii) tenants of social landlords or their representatives,

(iii) homeless persons or bodies representing the interests of homeless persons,

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

(v) social landlords or their representatives,

(vi) secured creditors of registered social landlords or their representatives, and

(vii) the Accounts Commission for Scotland.

5 Involvement of representative bodies

(1) Where the Regulator considers it appropriate, it must—

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

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

(2) 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.

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

6 Involvement of the Accounts Commission

(1) 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.

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

7 Independence 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.