Housing (Scotland) Act 2010

1. Introductory Text

2. Part 1 The Scottish Housing Regulator

   1. The Regulator

      1. 1. The Scottish Housing Regulator

      2. 2. The Regulator's objective

      3. 3. The Regulator's functions

      4. 4. Statement on performance of functions

      5. 5. Involvement of representative bodies

      6. 6. Involvement of the Accounts Commission

      7. 7. Independence from Ministers

   2. Membership

      1. 8. The Regulator's membership

      2. 9. Disqualification and removal from office

      3. 10. Members' expenses

   3. Chairing and proceedings

      1. 11. Chairing

      2. 12. The Regulator's proceedings

   4. Staff and property

      1. 13. The Regulator's chief executive

      2. 14. The Regulator's other staff and property

   5. Powers

      1. 15. The Regulator's general powers

      2. 16. Delegation of powers

   6. Studies, co-operation and annual reports

      1. 17. Studies

      2. 18. Co-operation with other regulators

      3. 19. Annual reports

3. Part 2 Registered social landlords

   1. The register

      1. 20. Registered social landlords

      2. 21. Population of the register

      3. 22. Application

      4. 23. Entry in the register

   2. Registration criteria

      1. 24. Legislative registration criteria

      2. 25. Regulatory registration criteria

      3. 26. Guidance on registration criteria

   3. Removal from register

      1. 27. Compulsory de-registration

      2. 28. Voluntary de-registration

   4. Appeals

      1. 29. Appeal against decision on registration or removal

   5. Communication with other regulators

      1. 30. Communication with other regulators

4. Part 3 Performance of social landlords

   1. Scottish Social Housing Charter

      1. 31. Scottish Social Housing Charter

      2. 32. Standards and outcomes

      3. 33. Scottish Social Housing Charter: supplemental

   2. Targets, guidance, code of conduct and equal opportunities

      1. 34. Performance improvement targets

      2. 35. Guidance: housing activities

      3. 36. Code of conduct: governance and financial accountability

      4. 37. Financial management or governance targets for registered social landlords

      5. 38. Guidance: financial management or governance targets

      6. 39. Encouragement of equal opportunities

   3. Assessing and reporting

      1. 40. Assessment of social landlords

      2. 41. Performance reports

5. Part 4 Inquiries and information

   1. Inquiries

      1. 42. Inquiries about social landlords

      2. 43. Inquiries: general powers

      3. 44. Inquiries: survey powers

      4. 45. Exceptional audit

      5. 46. Reports on inquiries

   2. Information

      1. 47. Information from tenants on significant performance failures

      2. 48. Power to obtain information

      3. 49. Failure to provide information etc.

      4. 50. Social landlords' involvement of tenants etc. when providing information

   3. Code of practice

      1. 51. Code of practice: inquiries

6. Part 5 Regulatory intervention

   1. Introductory

      1. 52. Regulatory intervention

      2. 53. Exercise of regulatory intervention powers

      3. 54. Code of practice: regulatory intervention

   2. Remedial action

      1. 55. Performance improvement plans

      2. 56. Enforcement notices

   3. Managerial appointment

      1. 57. Appointment of manager for housing activities

      2. 58. Appointment of manager for financial or other affairs

      3. 59. Appointment of manager: supplementary

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

      1. 60. General power to remove officers

      2. 61. Suspension of officers etc. during or following inquiries

      3. 62. Removal of officers etc. following inquiries

      4. 63. Responsible individuals

      5. 64. Appeals against suspension or removal

      6. 65. Appointment of new officers

   5. Registered social landlords: asset protection

      1. 66. Restrictions on dealings during or following inquiries

      2. 67. Transfer of assets following inquiries

7. Part 6 Registered social landlords: accounts and audit

   1. 68. Determination of accounting requirements

   2. 69. Compliance with accounting requirements

   3. 70. Delivery of accounts and audit

   4. 71. Failure to deliver compliant accounts

   5. 72. Disclosure of information

8. Part 7 Registered social landlords: insolvency etc.

   1. Moratorium

      1. 73. Notification of step towards insolvency etc.

      2. 74. Effect of failure to notify

      3. 75. Moratorium

      4. 76. Period of moratorium

      5. 77. Further moratorium

      6. 78. Effect of moratorium

      7. 79. Interim manager

   2. Making proposals

      1. 80. Proposals: formulation

      2. 81. Proposals: submission

      3. 82. Proposals: agreement

      4. 83. Modifying proposals

   3. Implementing proposals

      1. 84. Implementation of agreed proposals

      2. 85. Appointment of manager to implement proposals

      3. 86. Manager: powers

      4. 87. Manager of registered society: extra powers

      5. 88. Regulator assistance

      6. 89. Failure by manager to implement agreed proposals

      7. 90. Other failure to implement agreed proposals

      8. 91. Meaning of “land”

9. Part 8 Registered social landlords: organisational change etc.

   1. Change of name, office or constitution

      1. 92. Change of name, office or constitution

      2. 93. Change of constitution

      3. 94. Registered society's rules: supplementary

      4. 95. Change of registered company's articles: supplementary

   2. Registered societies: restructuring, winding up and dissolution

      1. 96. Restructuring, winding up and dissolution of registered societies

      2. 96A. Proposed restructuring of society

      3. 97. Restructuring of society

      4. 98. Voluntary winding up of society

      5. 99. Dissolution of society

   3. Companies: restructuring and winding up

      1. 100. Restructuring and winding up of companies

      2. 100A. Restructuring by company: proposed restructuring

      3. 101. Restructuring of company

      4. 102. Conversion of company into a registered society

      5. 103. Company voluntary arrangement

      6. 104. Voluntary winding up of company

   4. Registered social landlord becoming a subsidiary of another body

      1. 104A. Registered social landlord becoming a subsidiary of another body

   5. Winding up petition

      1. 105. Regulator's power to petition for winding up

   6. Asset transfer on dissolution or winding up

      1. 106. Asset transfer on dissolution or winding up

10. Part 9 Disposal of land or assets by registered social landlords

    1. 107. Restrictions on power to dispose of land

    2. 108. Disposals not subject to section 107

    3. 109. Notification of disposals

    4. 110. Tenant consultation where no change of landlord

    5. 111. Effect of disposals in breach of section 107

    6. 112. De-registered bodies

11. Part 10 Special procedure for disposals and restructuring resulting in change of landlord

    1. Chapter 1 Disposals by a registered social landlord

       1. 113. Disposals resulting in change of landlord

       2. 114. Regulator's initial decision

       3. 115. Consultation with tenants

       4. 115A. Tenant approval

       5. 115B. Guidance

       6. 116. Regulator's consent

       7. 117. Further information

       8. 118. Ballot

       9. 119. Written agreements

       10. 120. Unaffected tenants

       11. 121. Regulator's approval

       12. 122. Purchaser protection

    2. Chapter 2 Restructuring of a registered social landlord

       1. 123. Restructuring resulting in change of landlord

       2. 124. Purchaser protection

    3. CHAPTER 3 REGISTERED SOCIAL LANDLORD BECOMING A SUBSIDIARY OF ANOTHER BODY

       1. 124A. Regulator's consent

       2. 124B. Purchaser protection

12. Part 11 Change of landlord: secure tenants

    1. 125. Right to acquire certain houses from local authority landlords

    2. 126. Approved persons

    3. 127. Eligible houses

    4. 128. Application to acquire eligible house

    5. 129. Offer to sell

    6. 130. Market value of eligible house

    7. 131. Sale conditions

    8. 132. Acceptance of an offer to sell

    9. 133. Refusal of application

    10. 134. Reference to Lands Tribunal

    11. 135. Consent for subsequent disposals

    12. 136. Extension of time periods

13. Part 12 Charitable registered social landlords

    1. 137. Charitable registered social landlords

14. Part 13 Social landlords and rural housing bodies: long leases and heritable securities

    1. 138. Residential restriction on a long lease

    2. 139. Heritable security redemption right

15. Part 14 Right to buy: reforms

    1. 140. Re-accommodated persons: protection of right to buy

    2. 141. Limitation on right to buy: new tenants

    3. 142. Pressured areas: amendments

    4. 143. Limitation on right to buy: new supply social housing

    5. 144. Limitation on right to buy: police housing

    6. 145. Duty to collect and publish information: local authority housing stock

    7. 146. Duty to collect and publish information: tenants eligible for right to buy

    8. 147. Duty to collect and publish information: sale of houses by registered social landlords

16. Part 15 Amendment of Housing (Scotland) Act 2006

    1. 148. Introductory

    2. 149. HRA designation orders: removal of Ministerial involvement

    3. 150. Recovery of expenses

    4. 151. Scheme of assistance: demolition works

17. Part 16 Miscellaneous

    1. 152. Tenant protection: orders for possession against landlord

    2. 153. Tenant protection: repossession orders

    3. 154. Police accommodation not to be Scottish secure tenancy

    4. 155. Scottish secure tenancy: rent arrears pre-action requirements

    5. 156. Local authority duties on homelessness: armed forces

    6. 157. Vacant dwellings: use of information obtained for council tax purposes

    7. 158. Housing support: persons found to be homeless or threatened with homelessness

18. Part 17 Supplementary and final provisions

    1. 159. Offences by bodies corporate etc.

    2. 160. Formal communications

    3. 161. Orders

    4. 162. Minor and consequential amendments and repeals

    5. 163. Ancillary provision

    6. 164. Connected bodies

    7. 165. Interpretation

    8. 166. Commencement

    9. 167. Short title

19. 1. SCHEDULE 1

       Transitional provisions

       1. Transfer of staff

          1. 1. (1) All staff, other than excepted staff, employed immediately before...

       2. Transfer of assets and liabilities

          1. 2. (1) Ministers may by order provide for the transfer to...

    2. SCHEDULE 2

       Modifications of enactments

       1. Co-operative and Community Benefit Societies and Credit Unions Act 1968 (c.55)

          1. 1. In section 4A(3)(ba) (societies which cannot disapply section 4) of...

       2. Land Tenure Reform (Scotland) Act 1974 (c.38)

          1. 2. In section 21 (provisions for contracting out to be void)...

       3. Housing (Scotland) Act 1987 (c.26)

          1. 3. (1) The Housing (Scotland) Act 1987 is amended as follows....

       4. Housing (Scotland) Act 1988 (c.43)

          1. 4. (1) The Housing (Scotland) Act 1988 is amended as follows....

       5. Housing Act 1988 (c.50)

          1. 5. In section 52(10) (recovery etc. of grants) of the Housing...

       6. Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

          1. 6. In the Ethical Standards in Public Life etc. (Scotland) Act...

       7. Housing (Scotland) Act 2001 (asp 10)

          1. 7. (1) The Housing (Scotland) Act 2001 is amended as follows....

       8. Scottish Public Services Ombudsman Act 2002 (asp 11)

          1. 8. In the Scottish Public Services Ombudsman Act 2002, in schedule...

       9. Freedom of Information (Scotland) Act 2002 (asp 13)

          1. 9. In the Freedom of Information (Scotland) Act 2002, in schedule...

       10. Public Appointments and Public Bodies etc.(Scotland) Act 2003 (asp 4)

           1. 10. In the Public Appointments and Public Bodies etc. (Scotland) Act...

       11. Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8)

           1. 11. In the definition of “registered social landlord” in section 143(2)...

       12. Further and Higher Education (Scotland) Act 2005 (asp 6)

           1. 12. In section 22(5) of the Further and Higher Education (Scotland)...

       13. Charities and Trustee Investment (Scotland) Act 2005 (asp 10)

           1. 13. (1) The Charities and Trustee Investment (Scotland) Act 2005 is...

       14. Housing (Scotland) Act 2006 (asp 1)

           1. 14. In section 22(4)(b) (application to private rented housing panel) of...

       15. Public Services Reform (Scotland) Act 2010 (asp 8)

           1. 15. (1) The Public Services Reform (Scotland) Act 2010 is amended...