Regulatory intervention by Scottish Housing Regulator
I12Registered social landlords: removal, suspension and appointment of officers etc.
1
The Housing (Scotland) Act 2010 is further amended as follows.
2
In section 60 (general power to remove officers), in subsection (1), for paragraph (e) substitute—
e
is, because of absence or other failure to act, failing to ensure that the registered social landlord is complying with—
i
a duty imposed by this Act or by any other enactment,
ii
a requirement imposed on the landlord by the Regulator under this Act or any other enactment.
3
In section 61 (suspension of officers etc. during or following inquiries), in subsection (1), for paragraphs (a) to (c) substitute—
a
that the 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,
relating to its housing activities or its financial or other affairs,
4
In section 62 (removal of officers etc. following inquiries), in subsection (1), for paragraphs (a) to (c) substitute—
a
that the 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,
relating to its housing activities or its financial or other affairs,
5
In section 63 (responsible individuals), “misconduct, mismanagement,” is repealed.
6
In section 65 (appointment of new officers)—
a
in subsection (1)(d), for “for the proper management of the registered social landlord's” substitute
to rectify a failure by the registered social landlord 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,
relating to its
b
in subsection (2), after “including” insert “
, subject to subsection (2A),
”
,
c
after subsection (2) insert—
2A
Where the officer is appointed by virtue of subsection (1)(d) to rectify a failure to comply with a duty or requirement, the appointment is to be only for so long as is necessary to so rectify the failure.
d
in subsection (4), for “The” substitute “
Subject to subsection (4A), the
”
,
e
after that subsection insert—
4A
Where the officer was appointed by virtue of subsection (1)(d), subsection (2A) applies to the renewal of the appointment as it applies to the appointment.
7
In section 165 (interpretation), in the definition of “officer”, in paragraph (b), for “section 74 of that Act” substitute “
section 149 of the Co-operative and Community Benefit Societies Act 2014
”
.