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In section 63 (responsible individuals), “misconduct, mismanagement,” is repealed.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 ”.