Housing (Scotland) Act 2010 (asp 17)

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

Chapter 2 S Restructuring of a registered social landlord

123 Restructuring resulting in change of landlord S

(1) This Chapter applies to a restructuring by a registered social landlord—

(a) in relation to which the Regulator's consent is required under section 97 or 101, and

(b) as a result of which a tenant under a Scottish secure tenancy will cease to be a tenant of the registered social landlord proposing the restructuring.

(2) Despite subsection (1), this Chapter does not apply where—

(a) a registered society converts into a company in accordance with section 52 of the Co-operative and Community Benefit Societies and Credit Unions Act 1965, or

(b) the registered social landlord in respect of which a court order is made under section 899 or 900 of the Companies Act 2006 (c.46) is being wound up or is in administration.

(3) The special procedure set out in sections 114 to 121 of Chapter 1 applies in relation to a restructuring to which this Chapter applies as it applies in relation to a disposal to which Chapter 1 applies.

Commencement Information

I1 S. 123 in force at 1.4.2012 by S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2)

124 Purchaser protection S

Failure by the Regulator or by a registered social landlord to comply with any provision of sections 114 to [F1 121] of Chapter 1 in relation to a restructuring does not invalidate the Regulator's consent to the restructuring.

Textual Amendments

F1 Word in s. 124 substituted (20.11.2014) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), Sch. 2 para. 18(5); S.S.I. 2014/264, art. 2, Sch.

Commencement Information

I2 S. 124 in force at 1.4.2012 by S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2)