- Latest available (Revised)
- Point in Time (23/02/2012)
- Original (As enacted)
Point in time view as at 23/02/2012. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Housing (Scotland) Act 2001, Section 58 is up to date with all changes known to be in force on or before 01 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)A body is eligible for registration as a social landlord if it is—
(a)a society registered under the Industrial and Provident Societies Act 1965 (c.12) which has its registered office for the purposes of that Act in Scotland and satisfies the conditions in subsection (2), or
(b)a company [F1registered under the Companies Act 2006] which has its registered office for the purposes of that Act in Scotland and satisfies those conditions.
(2)The conditions are that the body does not trade for profit and is established for the purpose of, or has among its objects and powers, the provision, construction, improvement or management of—
(a)houses to be kept available for letting,
(b)houses for occupation by members of the body, where the rules of the body restrict membership to persons entitled or prospectively entitled (as tenants or otherwise) to occupy a house provided or managed by the body, or
(c)hostels,
and that any additional purposes or objects are among those specified in subsection (3).
(3)The permissible additional purposes or objects are—
(a)providing land, amenities or services, or providing, constructing, repairing or improving buildings, for its residents [F2(or for its residents and other persons together)] ,
(b)acquiring, or repairing and improving, or creating by the conversion of houses or other property, houses to be disposed of on sale, on lease F3... on shared ownership terms, [F4or on shared equity terms,]
(c)constructing houses to be disposed of on shared ownership terms, [F5or on shared equity terms,]
(d)managing houses which are held on leases or other lettings (not being houses falling within subsection (2)(a) or (b)) or blocks of flats,
(e)providing services of any description for owners or occupiers of houses in—
(i)arranging or carrying out works of maintenance, repair or improvement, or encouraging or facilitating the carrying out of such works,
(ii)arranging property insurance,
(f)encouraging and giving advice on the formation of registered social landlords or providing services for, and giving advice on the running of, such landlords and other voluntary organisations concerned with housing, or matters connected with housing.
[F6(g)promoting or improving the economic, social or environmental well-being of—
(i)its residents (or its residents and other persons together), or
(ii)the area in which the houses or hostels it provides are situated.]
[F7(h)giving financial assistance (by way of grant or loan or otherwise) to persons in order to help them to acquire houses on shared equity terms.]
(4)A body is not ineligible for registration by reason only that its powers include power—
(a)to acquire commercial premises or businesses as an incidental part of a project or series of projects undertaken for purposes or objects falling within subsection (2) or (3),
(b)to repair, improve or convert any commercial premises acquired as mentioned in paragraph (a) or to carry on for a limited period any business so acquired,
(c)to repair or improve houses, or buildings in which houses are situated, after the tenants have exercised, or claimed to exercise, acquisition rights.
(5)The Scottish Ministers may by order amend the permissible purposes, objects and powers specified in subsections (3) and (4), but any such amendment which restricts or limits those purposes, objects or powers has no effect in relation to a body registered as a social landlord when the order was made.
(6)In this section—
“acquisition rights” means rights to purchase under section 61 of the 1987 Act,
“block of flats” means a building containing two or more flats which are held on leases or other lettings and which are occupied or intended to be occupied wholly or mainly for residential purposes,
[F8“disposed of on shared equity terms” means disposed of under an arrangement in terms of which the person disposing of a house is entitled, on the occurrence of a subsequent disposal of the house, to be paid a sum to be calculated by reference to the value of the house,]
“
” means disposed of under a shared ownership agreement (defined in section 83(3)),“letting” includes the grant of a right or permission to occupy,
“residents”, in relation to a body, means persons occupying the houses or hostels provided or managed by the body,
“voluntary organisation” means an organisation whose activities are not carried on for profit.
Textual Amendments
F1Words in s. 58(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(2) (with art. 10)
F2Words in s. 58(3)(a) substituted (17.5.2006) by Housing (Scotland) Act 2006 (asp 1), ss. 178(a), 195(3) (with s. 193); S.S.I. 2006/252, art. 2
F3Word in s. 58(3)(b) omitted (15.5.2006) by virtue of The Registered Social Landlords (Purposes or Objects) (Scotland) Order 2006 (S.S.I. 2006/211), arts. 1, 2(2)(a)
F4Words in s. 58(3)(b) inserted (15.5.2006) by The Registered Social Landlords (Purposes or Objects) (Scotland) Order 2006 (S.S.I. 2006/211), arts. 1, 2(2)(a)
F5Words in s. 58(3)(c) inserted (15.5.2006) by The Registered Social Landlords (Purposes or Objects) (Scotland) Order 2006 (S.S.I. 2006/211), arts. 1, 2(2)(b)
F6S. 58(3)(g) inserted (17.5.2006) by Housing (Scotland) Act 2006 (asp 1), ss. 178(b), 195(3) (with s. 193); S.S.I. 2006/252, art. 2
F7S. 58(3)(h) inserted (15.5.2006) by The Registered Social Landlords (Purposes or Objects) (Scotland) Order 2006 (S.S.I. 2006/211), arts. 1, 2(2)(c)
F8Words in s. 58(6) inserted (15.5.2006) by The Registered Social Landlords (Purposes or Objects) (Scotland) Order 2006 (S.S.I. 2006/211), arts. 1, 2(3)
Commencement Information
I1S. 58 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))
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: