Housing (Scotland) Act 2001 (asp 10)

PART 3S REGULATION OF SOCIAL LANDLORDS

CHAPTER 1S REGISTERED SOCIAL LANDLORDS

RegistrationS

F157 The register of social landlordsS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Ss. 57-68 repealed (1.4.2012) by Housing (Scotland) Act 2010 (asp 17), s. 166(2), sch. 2 para. 7(2); S.S.I. 2012/39, art. 2, sch. 1 (with sch. 2) (as amended (1.4.2012) by S.S.I. 2012/91, art. 4)

F158 Eligibility for registrationS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F259 RegistrationS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2Ss. 57-68 repealed (1.4.2012) by Housing (Scotland) Act 2010 (asp 17), s. 166(2), sch. 2 para. 7(2); S.S.I. 2012/39, art. 2, sch. 1 (with sch. 2) (as amended (1.4.2012) by S.S.I. 2012/91, art. 4); s. 59(3) in so far as they are still in force amended (1.4.2013) by S.I. 2013/496, art. 1(1), Sch. 11 para. 6 (with Sch. 12)

F360 Removal from the registerS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Ss. 57-68 repealed (1.4.2012) by Housing (Scotland) Act 2010 (asp 17), s. 166(2), sch. 2 para. 7(2); S.S.I. 2012/39, art. 2, sch. 1 (with sch. 2) (as amended (1.4.2012) by S.S.I. 2012/91, art. 4); s. 60(5) in so far as they are still in force amended (1.4.2013) by S.I. 2013/496, art. 1(1), Sch. 11 para. 6 (with Sch. 12)

F161 Criteria for registration or removal from registerS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F462 Appeal against decision on registration or removalS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Ss. 57-68 repealed (1.4.2012) by Housing (Scotland) Act 2010 (asp 17), s. 166(2), sch. 2 para. 7(2); S.S.I. 2012/39, art. 2, sch. 1 (with sch. 2) (as amended (1.4.2012) by S.S.I. 2012/91, art. 4); s. 62(3) in so far as they are still in force amended (1.4.2013) by S.I. 2013/496, art. 1(1), Sch. 11 para. 6 (with Sch. 12)

RegulationS

F163 Regulation of registered social landlordsS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F164 Insolvency etc. of registered social landlordsS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Disposal of land and related mattersS

F165 Power of registered social landlord to dispose of landS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F166 Consent required for disposal of land by registered social landlordS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F167 Disposals not requiring consentS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F168 Disposals of land: consultation with tenantsS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F5Delegation of functionsS

Textual Amendments

F5S. 68A and cross-heading inserted (29.1.2006) by Housing (Scotland) Act 2006 (asp 1), ss. 177, 195(3) (with s. 193); S.S.I. 2006/14, art. 2

68APower to direct certain registered social landlords to delegate functionsS

(1)This subsection applies where—

(a)a local authority has disposed of an interest in land to a registered social landlord (“RSL 1”) under section 12 of the 1987 Act before the date on which this section came into force,

(b)sections 191 to 193 and section 203(1) of the 1987 Act no longer apply to that local authority by virtue of an order made under section 94 of this Act,

(c)the Scottish Ministers are satisfied that it is appropriate for RSL 1 to authorise another registered social landlord to exercise any of RSL 1's housing management functions if RSL 1 is to manage its houses in a manner which is consistent with the spirit of any notice served on tenants for the purposes of paragraph 3(2) or (3) of schedule 9 in relation to the disposal, and

(d)less than 5 years have passed since this section came into force.

(2)Where subsection (1) applies, the Scottish Ministers may direct RSL 1 to authorise another registered social landlord (“RSL 2”) to exercise such of RSL 1's housing management functions as may be specified in the direction in place of RSL 1 on such terms, if any, as may be so specified; and both RSL 1 and RSL 2 must comply with the direction.

(3)RSL 1 may not, while a direction under subsection (2) remains in force, authorise any person other than RSL 2 to exercise any functions specified in the direction.

(4)A direction made under subsection (2) must be published in such manner as the Scottish Ministers think fit.

(5)Any authorisation given in pursuance of a direction made under subsection (2) continues to have effect for so long as the direction has effect.

(6)A direction made under subsection (2) continues to have effect notwithstanding the fact that the power to make that direction has expired by virtue of subsection (1)(d).

(7)In this section “housing management functions” means functions relating to the management of houses.]

Housing managementS

F669 InspectionsS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6Ss. 69-75 repealed (1.4.2012) by Housing (Scotland) Act 2010 (asp 17), s. 166(2), sch. 2 para. 7(3); S.S.I. 2012/39, art. 2, sch. 1 (with sch. 2) (as amended (1.4.2012) by S.S.I. 2012/91, art. 4)

F670 Inspection reportsS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F671 Appointment of managerS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CHAPTER 2S LOCAL AUTHORITY HOUSING MANAGEMENT

F672 InspectionsS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F673 Inspection reportsS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F674 Remedial plansS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F675 Remedial plans: appointment of managerS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CHAPTER 3S COMMON PROVISIONS

Disposals of tenanted houses: consultation and consentS

76 Disposals of tenanted houses: consultation and consentS

(1)Schedule 9 (which makes provision for consultation with tenants, including a ballot, where a disposal by a local authority landlord F7... would result in a change of landlord for a tenant under a Scottish secure tenancy) has effect.

(2)Where a disposal to which that schedule applies is to a person other than a registered social landlord, the Scottish Ministers must not give consent to the disposal under section 12(7) of the 1987 Act F8... unless they are satisfied that a disposal to a registered social landlord is not appropriate.

Textual Amendments

F7Words in s. 76(1) repealed (1.4.2012) by Housing (Scotland) Act 2010 (asp 17), s. 166(2), sch. 2 para. 7(4)(a); S.S.I. 2012/39, art. 2, sch. 1 (with sch. 2) (as amended (1.4.2012) by S.S.I. 2012/91, art. 4)

F8Words in s. 76(2) repealed (1.4.2012) by Housing (Scotland) Act 2010 (asp 17), s. 166(2), sch. 2 para. 7(4)(b); S.S.I. 2012/39, art. 2, sch. 1 (with sch. 2) (as amended (1.4.2012) by S.S.I. 2012/91, art. 4)

Commencement Information

I1S. 76 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

InformationS

77 Power to obtain informationS

(1)The Scottish Ministers may, for any purpose mentioned in subsection (2), serve on a person a notice requiring the person—

(a)to provide the Scottish Ministers, or a person authorised by them, at a time and place and in the form and manner specified in the notice, with such information relating to the affairs of a local authority or, as the case may be, a registered social landlord in connection with the provision of housing accommodation and related services as may be specified or described in the notice, or

(b)to produce to the Scottish Ministers, or a person authorised by them, at a time and place specified in the notice, any documents relating to such affairs which are specified or described in the notice and are in that person’s custody or under that person’s control.

(2)The purposes referred to in subsection (1) are any purpose connected with the provision of housing accommodation and related services by the authority or, as the case may be, the landlord.

(3)A notice in pursuance of subsection (1) in relation to a local authority may be served on—

(a)the authority,

(b)an officer or employee of the authority,

(c)any other person whom the Scottish Ministers have reason to believe is or may be in possession of relevant information.

(4)No notice is to be served on a person falling within paragraph (b) or (c) of subsection (3) unless—

(a)a notice has been served on the local authority and has not been complied with, or

(b)the Scottish Ministers believe that the information or documents in question are not in the possession of the authority.

(5)A notice in pursuance of subsection (1) in relation to a registered social landlord may be served on—

(a)the landlord,

(b)any person who is, or has been, an officer, member, employee or agent of the landlord,

(c)a subsidiary or associate of the landlord,

(d)any person who is, or has been, an officer, member, employee or agent of a subsidiary or associate of the landlord,

(e)any other person whom the Scottish Ministers have reason to believe is or may be in possession of relevant information.

(6)No notice is to be served on a person falling within paragraphs (b) to (e) of subsection (5) unless—

(a)a notice has been served on the registered social landlord and has not been complied with, or

(b)the Scottish Ministers believe that the information or documents in question are not in the possession of the landlord.

Commencement Information

I2S. 77 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

78 Power to obtain information: further provisionS

(1)In section 77, “agent” includes banker, solicitor and auditor.

(2)Nothing in that section authorises the Scottish Ministers to require—

(a)the disclosure of anything which a person would be entitled to refuse to disclose on grounds of confidentiality in proceedings in the Court of Session, or

(b)the disclosure by a banker of anything in breach of any duty of confidentiality owed by the banker to a person other than a local authority or, as the case may be, a registered social landlord or a subsidiary or associate of a registered social landlord.

(3)References in that section to a document are to anything in which information of any description is recorded; and in relation to a document in which information is recorded otherwise than in legible form, references to producing it are to producing it in legible form.

(4)Where by virtue of that section documents are produced to any person, that person may take copies of or make extracts from them.

(5)A person who fails, without reasonable excuse, to do anything required of that person by a notice under that section is guilty of an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(6)A person who intentionally alters, suppresses or destroys a document which that person has been required by a notice under that section to produce is guilty of an offence and is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum,

(b)on conviction on indictment, to a fine.

Commencement Information

I3S. 78 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

GuidanceS

F979 Issue of guidance by the Scottish MinistersS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9Ss. 79-82 repealed (1.4.2012) by Housing (Scotland) Act 2010 (asp 17), s. 166(2), sch. 2 para. 7(5); S.S.I. 2012/39, art. 2, sch. 1 (with sch. 2) (as amended (1.4.2012) by S.S.I. 2012/91, art. 4)

Code of good practiceS

F980 Code of good practiceS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Charges for regulatory functionsS

F981 Charges for regulatory functions of the Scottish MinistersS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CHAPTER 4S INTERPRETATION OF PART 3

F982 Meaning of “subsidiary” and “associate”S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

83 Interpretation of Part 3S

(1)References in this Part to an officer of a registered social landlord are—

(a)in the case of [F10a co-operative or community benefit society] , to any officer of the society as defined in [F11section 149 of the Co-operative and Community Benefit Societies Act 2014], including a co-opted member of the committee of the society, and

(b)in the case of a company [F12registered under the Companies Act 2006] (c.6), to any director or other officer of the company [F13within the meaning of the Companies Acts (see sections 250 and 1173(1) of that Act)] .

(2)In this Part, in relation to [F14a co-operative or community benefit society] —

(a)“committee” means the committee of management or other directing body of the society,

(b)“co-opted member”, in relation to the committee, includes any person co-opted to serve on the committee, whether the person is a member of the society or not,

(c)any reference to a member of the committee includes a co-opted member.

(3)In this Part—

“co-operative housing association” has the meaning given in section 300(1)(b) of the 1987 Act,
“housing activities” means, in relation to a registered social landlord, all its activities in pursuance of the purposes, objects and powers mentioned in section 58,
“housing association” and, in relation to a housing association, “fully mutual” have the meanings given in section 1 of the Housing Associations Act 1985 (c.69),
“provision of housing accommodation and related services” includes—
(a)
the prevention and alleviation of homelessness,
(b)
the management of housing accommodation,
(c)
the provision of services for owners and occupiers of houses,
(d)
the provision and management of sites for persons of nomadic habit of life, whatever their race or origin,
“shared ownership agreement” means an agreement whereby—
(a)
a pro indiviso right in a house is sold, and the remaining pro indiviso rights therein are leased, to a person subject to the person being entitled, from time to time, to purchase those remaining rights until that person has purchased the entire house, or
(b)
pro indiviso rights in houses are conveyed to trustees to hold on behalf of persons each of whom, by purchasing a share in those houses, becomes entitled to exclusive occupancy of one of the houses but with any such person who wishes to sell or otherwise dispose of that person’s share being required to do so through the agency of the trustees,
or such other agreement as may be approved by the Scottish Ministers whereby a person acquires a pro indiviso right in a house or houses and thereby becomes entitled to exclusive occupancy of the house or, as the case may be, one of the houses.

Textual Amendments

F10Words in s. 83(1)(a) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 79(2)(a) (with Sch. 5)

F11Words in s. 83(1)(a) substituted (1.8.2014) by virtue of Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 79(2)(b) (with Sch. 5)

F12Words in s. 83(1)(b) substituted (1.10.2009) by virtue of The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 191(4)(a) (with art. 10)

F13Words in s. 83(1)(b) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 191(4)(b) (with art. 10)

F14Words in s. 83(2) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 79(3) (with Sch. 5)

Commencement Information

I4S. 83 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/336, art. 2(3), Sch. Pt. II (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))