The Housing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2012

PART 2 MODIFICATIONS OF SUBORDINATE LEGISLATION

Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968)

10.  In paragraph 1(1) of Schedule 9 to the Social Security (Claims and Payments) Regulations 1987 (interpretation), in paragraph (b)(ii) of the definition of “hostel”(1), for “Part 3 of the Housing (Scotland) Act 2001” substitute “Part 2 of the Housing (Scotland) Act 2010”.

National Minimum Wage Regulations 1999 (S.I. 1999/584)

11.  In regulation 31(5)(b) of the National Minimum Wage Regulations 1999 (meaning of “registered social landlord”)(2), for “section 57 of the Housing (Scotland) Act 2001” substitute “section 20(1) of the Housing (Scotland) Act 2010”.

Financial Services and Markets Act 2000 (Exemption) Order 2001 (S.I. 2001/1201)

12.  In paragraph 48(2)(b) of Part 4 of the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001 (meaning of “relevant housing body”)(3), for “the Housing (Scotland) Act 2001” substitute “the Housing (Scotland) Act 2010”.

Communications (Television Licensing) Regulations 2004 (S.I. 2004/692)

13.  In paragraph 7(1)(b)(ii) of Part 2 of Schedule 4 to the Communications (Television Licensing) Regulations 2004 (accommodation for residential care licences)(4), for “section 57 of the Housing (Scotland) Act 2001” substitute “section 165 of the Housing (Scotland) Act 2010”.

Displaced Persons (Temporary Protection) Regulations 2005 (S.I. 2005/1379)

14.  In regulation 2(1)(f)(ii) of the Displaced Persons (Temporary Protection) Regulations 2005 (interpretation)(5), for “section 57 of the Housing (Scotland) Act 2001” substitute “section 20(1) of the Housing (Scotland) Act 2010”.

Housing Benefit Regulations 2006 (S.I. 2006/213)

15.—(1) The Housing Benefit Regulations 2006 are amended as follows.

(2) In regulation 2(1) (interpretation), in paragraph (c) of the definition of “registered housing association” (6), for “by Scottish Ministers by virtue of section 57(3)(b) of the Housing (Scotland) Act 2001” substitute “in the register maintained by the Scottish Housing Regulator under section 20(1) of the Housing (Scotland) Act 2010”.

(3) In the definition of “registered social landlord” in regulation 13C(6) (when a maximum rent (LHA) is to be determined)(7), for “sections 57 and 59 of the Housing (Scotland) Act 2001” substitute “section 165 of the Housing (Scotland) Act 2010”.

Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/214)

16.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.

(2) In regulation 2(1) (interpretation), in paragraph (c) of the definition of “registered housing association”(8), for “by Scottish Ministers by virtue of section 57(3)(b) of the Housing (Scotland) Act 2001” substitute “in the register maintained by the Scottish Housing Regulator under section 20(1) of the Housing (Scotland) Act 2010”.

(3) In the definition of “registered social landlord” in regulation 13C(6) (when a maximum rent (LHA) is to be determined)(9), for “sections 57 and 59 of the Housing (Scotland) Act 2001” substitute “section 165 of the Housing (Scotland) Act 2010”.

Community Benefit Societies (Restriction on Use of Assets) Regulations 2006 (S.I. 2006/264)

17.  In regulation 2 of the Community Benefit Societies (Restriction on Use of Assets) Regulations 2006 (interpretation)(10), in paragraph (b) of the definition of “registered social landlord”, for “Scottish Ministers under section 57 of the Housing (Scotland) Act 2001” substitute “Scottish Housing Regulator under section 20(1) of the Housing (Scotland) Act 2010”.

Regulated Covered Bonds Regulations 2008 (S.I. 2008/346)

18.  In regulation 2(3) of the Regulated Covered Bonds Regulations 2008 (eligible property)(11), in paragraph (b) of the definition of “registered social landlord”, for “Part 3 of the 2001 Act” substitute “Part 2 of the Housing (Scotland) Act 2010”.

Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948)

19.  Paragraph 219 of Schedule 1 to the Companies Act 2006 (Consequential Amendments etc) Order 2008 (amendments to the Housing (Scotland) Act 2001)(12) is revoked.

Companies (Disclosure of Address) Regulations 2009 (S.I. 2009/214)

20.  In Schedule 1 to the Companies (Disclosure of Address) Regulations 2009 (specified public authorities)(13), insert after “a police force”—

“; the Scottish Housing Regulator”.

Overseas Companies Regulations 2009 (S.I. 2009/1801)

21.  In Schedule 1 to the Overseas Companies Regulations 2009 (specified public authorities)(14), insert after “a police force”—

“; the Scottish Housing Regulator”.

Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941)

22.  Paragraph 191(2), (3), (5) and (6) of Schedule 1 to the Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (amendments to the Housing (Scotland) Act 2001) are revoked.

(1)

The definition of “hostel” was substituted by the Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), regulation 13(3)(a). Paragraph (b)(ii) of the definition was substituted by the Social Security (Miscellaneous Amendments) (No. 6) Regulations 2008 (S.I. 2008/2767), regulation 3(2)(a)(i). There are other amendments to paragraph 1(1) not relevant to this Order.

(2)

Regulation 31(5)(b) was inserted by the National Minimum Wage Regulations 1999 (Amendment) Regulations 2007 (S.I. 2007/2318), regulation 5. There are other amendments to the regulation not relevant to this Order.

(3)

Paragraph 48 was substituted by the Financial Services and Markets Act 2000 (Exemption) (Amendment) (No. 2) Order 2003 (S.I. 2003/1675), article 2(4)(c). There are other amendments to the paragraph not relevant to this Order.

(4)

There are amendments to the paragraph not relevant to this Order.

(5)

There are amendments to the Regulations not relevant to this Order.

(6)

The definition of “registered housing association” was inserted by the Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 (S.I. 2007/2868), regulation 4(1)(g). The definition was substituted by the Housing and Regeneration Act 2008 (Consequential Provisions) (No. 2) Order 2010 (S.I. 2010/671), Schedule 1, paragraph 51(a). There are other amendments to the regulation not relevant to this Order.

(7)

Regulation 13C was inserted by the Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 (S.I. 2007/2868), regulation 7. There are other amendments to the regulation not relevant to this Order.

(8)

The definition of “registered housing association” was inserted by the Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 (S.I. 2007/2869), regulation 4(1)(f). The definition was substituted by the Housing and Regeneration Act 2008 (Consequential Provisions) (No. 2) Order 2010 (S.I. 2010/671), Schedule 1, paragraph 57(a). There are other amendments to the regulation not relevant to this Order.

(9)

Regulation 13C was inserted by the Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 (S.I. 2007/2869) regulation 7. There are other amendments to the regulation not relevant to this Order.

(10)

There are amendments to the regulation not relevant to this Order.

(11)

There are amendments to the regulation not relevant to this Order.

(12)

There are amendments to the Schedule not relevant to this Order.

(13)

There are amendments to the Schedule not relevant to this Order.

(14)

There is an amendment to the Schedule not relevant to this Order.