PART 3REGULATION OF SOCIAL LANDLORDS

CHAPTER 2LOCAL AUTHORITY HOUSING MANAGEMENT

75Remedial plans: appointment of manager

1

The Scottish Ministers may carry out an inspection of the implementation of a remedial plan by a local authority.

2

Subsections (2) to (6) of section 72 apply in relation to such an inspection as they apply in relation to an inspection under subsection (1) of that section.

3

Where, as a result of an inspection under subsection (1) of this section, the Scottish Ministers consider that the remedial plan is not being implemented satisfactorily, they may appoint a manager to exercise such functions of the authority in relation to the provision of housing accommodation and related services as the Scottish Ministers may specify.

4

Before appointing a manager under subsection (3) the Scottish Ministers must consult—

a

the authority,

b

such bodies representing local authorities as they think fit, and

c

the Accounts Commission for Scotland,

and must have regard to any comments received from them within such period as the Scottish Ministers may specify.

5

A manager appointed under subsection (3)—

a

is to be appointed for such period and on such terms and conditions as the Scottish Ministers may determine,

b

has, by virtue of the appointment, power generally to do all such things as are necessary for carrying out the manager’s functions, and

c

has such specific powers (which may include power to do anything which the authority has power to do) as the Scottish Ministers may specify.

6

The remuneration and expenses of the manager are to be paid by the authority.

7

The Scottish Ministers may give directions in relation to the carrying out of the manager’s functions; and the manager must comply with any such direction.

8

In carrying out functions the manager acts as the agent of the authority; and the manager is not personally liable on a contract entered into as manager.

9

A person dealing with the manager in good faith and for value is not concerned to inquire whether the manager is acting within the powers conferred by virtue of this section.