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EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision in consequence of the Housing (Scotland) Act 2010 (asp 17) (“the 2010 Act”). The 2010 Act creates a body corporate to be known as the Scottish Housing Regulator and makes provision about the performance and regulation of social landlords in Scotland.

Article 2 provides that the Scottish Housing Regulator is part of the Scottish Administration.

Article 3 provides that references in the Scotland Act 1998 and any other enactment to an office-holder in the Scottish Administration, however it is defined, are to be taken to include references to the Scottish Housing Regulator, unless the context otherwise requires. It also provides that the Crown Suits (Scotland) Act 1857 does not apply to the Scottish Housing Regulator with the effect that the Lord Advocate cannot be sued in the place of the Scottish Housing Regulator.

Article 4 and the Schedule make modifications of primary and secondary legislation in consequence of the 2010 Act.