- Latest available (Revised)
- Point in Time (04/04/2011)
- Original (As enacted)
No versions valid at: 04/04/2011
Point in time view as at 04/04/2011. This version of this cross heading contains provisions that are not valid for this point in time.
There are currently no known outstanding effects for the Housing (Scotland) Act 2010, Paragraph 2.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Valid from 01/04/2012
2(1)Ministers may by order provide for the transfer to the Regulator of—S
(a)any assets held or used by them for or in connection with the purposes of the Executive Agency of Ministers known as the Scottish Housing Regulator,
(b)any liabilities of Ministers incurred for or in connection with those purposes.
(2)An order under sub-paragraph (1) may, in particular—
(a)provide for the creation of rights or interests, or the imposition of liabilities or conditions, in relation to assets transferred, or rights or interests acquired, by virtue of the order,
(b)provide for any assets, liabilities or conditions to be determined under the order.
(3)An order under sub-paragraph (1) has effect in relation to any assets or liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of the assets or liabilities.
(4)A right of pre-emption, right of irritancy, right of return or other similar right—
(a)does not operate or become exercisable as a result of any transfer of assets by virtue of an order under sub-paragraph (1), and
(b)accordingly has effect in the case of any such transfer as if the Regulator were the same person in law as Ministers and as if no transfer of the assets had taken place.
(5)Such compensation as is just is to be paid (by Ministers or by the Regulator or by both) to any person in respect of any such right which—
(a)would but for sub-paragraph (4) have operated in favour of, or become exercisable by, that person, but
(b)because of the operation of that sub-paragraph, cannot subsequently operate in the person's favour or (as the case may be) become exercisable by the person.
(6)An order under sub-paragraph (1) may provide for the determination of disputes as to—
(a)whether and, if so, how much compensation is payable, and
(b)the person to whom or by whom it is to be paid.
(7)A certificate given by Ministers which states whether an asset or liability has, or has not, been transferred by virtue of an order under sub-paragraph (1) is conclusive evidence of whether the asset or liability has been so transferred.
(8)In this paragraph “right of return” means any right for the return or reversion of assets in specified circumstances.
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: