Part 5Regulatory intervention

Registered social landlords: removal, suspension and appointment of officers etc.

I160General power to remove officers

1

The Regulator may remove an officer of a registered social landlord if the officer—

a

is an undischarged bankrupt or is otherwise apparently insolvent,

b

is subject to a disqualification order or a disqualification undertaking under the Company Directors Disqualification Act 1986 (c.46) or equivalent legislation in Northern Ireland,

c

is disqualified from being a charity trustee under section 69 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10),

d

is, because of a mental disorder, incapable of acting, or

F2e

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.

2

Before removing an officer, the Regulator must give at least 14 days' notice of its intention to do so to—

a

the officer, and

b

the registered social landlord.

3

In this section “apparently insolvent” F1 is to be construed in accordance with section 16 of the Bankruptcy (Scotland) Act 2016.