Part 5 SRegulatory intervention

Managerial appointment S

57 Appointment of manager for housing activities S

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

(a) that a social landlord [F1 has failed, or is] failing—

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

(ii) to meet a performance improvement target,

(iii) to implement an approved performance improvement plan, or

(iv) to comply with an enforcement notice, and

(b) that a person needs to be appointed in order to ensure that the social landlord provides housing services [F2 in a way that will rectify the failure].

(2) The Regulator may appoint, or require the social landlord to appoint, a manager [F3 to manage the landlord's housing activities generally, or such aspects of those activities as are necessary, for the purpose of rectifying the failure which the Regulator considers requires the appointment of the manager.]

(3) Before appointing or requiring appointment of a manager for a local authority or a local authority landlord, the Regulator must—

(a) consult—

(i) the local authority or local authority landlord,

(ii) such bodies representing local authorities as it thinks fits, and

(iii) the Accounts Commission for Scotland, and

(b) have regard to views expressed by those consulted by such time as the Regulator may specify.

Textual Amendments

F1 Words in s. 57(1)(a) substituted (8.3.2019) by Housing (Amendment) (Scotland) Act 2018 (asp 13), ss. 1(2)(a)(i), 11(2); S.S.I. 2018/253, reg. 2(2)

F2 Words in s. 57(1)(b) substituted (8.3.2019) by Housing (Amendment) (Scotland) Act 2018 (asp 13), ss. 1(2)(a)(ii), 11(2); S.S.I. 2018/253, reg. 2(2)

F3 Words in s. 57(2) substituted for s. 57(2)(a)(b) (8.3.2019) by Housing (Amendment) (Scotland) Act 2018 (asp 13), ss. 1(2)(b), 11(2); S.S.I. 2018/253, reg. 2(2)

Commencement Information

I1 S. 57 in force at 1.4.2012 by S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2)