SCHEDULE
PART 1MODIFICATIONS OF PUBLIC GENERAL ACTS
1
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified)4, insert at the appropriate place—
The Scottish Housing Regulator
2
In section 2B of the Housing Associations Act 1985 (meaning of “registered housing association”, “registered social landlord” etc.), in paragraph (c) of the definition of “unregistered”5, for “Part 3 of the Housing (Scotland) Act 2001 (asp 10)” substitute “Part 2 of the Housing (Scotland) Act 2010 (asp 17)”.
3
In section 72G(b) of the Insolvency Act 1986 (exception in respect of social landlords)6, for “Part 3 of the Housing (Scotland) Act 2001 (asp 10)” substitute “Part 2 of the Housing (Scotland) Act 2010 (asp 17)”.
4
1
The Taxation of Chargeable Gains Act 1992 is amended as follows.
2
In section 219(1)(c) (disposals following direction by housing regulator)7, after “Housing and Regeneration Act 2008” insert “, section 106 of the Housing (Scotland) Act 2010”.
3
In section 219(2) (disposals by housing related bodies: definitions)8—
a
in the definition of “housing regulator”, after “the Regulator of Social Housing” insert—
, the Scottish Housing Regulator
b
in paragraph (c) of the definition of “relevant housing provider”, for “section 57 of the Housing (Scotland) Act 2001” substitute “section 20(1) of the Housing (Scotland) Act 2010”.
4
In section 259(3)(c) (gifts to housing associations: definition of “relevant housing provider”)9, for “section 57 of the Housing (Scotland) Act 2001” substitute “section 20(1) of the Housing (Scotland) Act 2010”.
5
1
The Value Added Tax Act 1994 is amended as follows.
2
For paragraph (b) of Note (21) of Group 5 of Schedule 8 (meaning of “relevant housing association”)10 substitute —
b
a registered social landlord within the meaning of the Housing (Scotland) Act 2010 (asp 17)11 which is either—
i
a society registered under the Co-operative and Community Benefit Societies and Credit Unions Act 1965 (c.12)12, or
ii
a company within the meaning of the Companies Act 2006 (c.46), or
3
For paragraph 10(3)(b) of Part 1 of Schedule 1013, substitute—
b
a registered social landlord within the meaning of the Housing (Scotland) Act 2010 (asp 17) which is either—
i
a society registered under the Co-operative and Community Benefit Societies and Credit Unions Act 1965 (c.12), or
ii
a company within the meaning of the Companies Act 2006 (c.46), or
6
In section 255(3)(b) of the Enterprise Act 2002 (application of law about company arrangement or administration to non-company)14, for “Part 3 of the Housing (Scotland) Act 2001 (asp 10)” substitute “Part 2 of the Housing (Scotland) Act 2010 (asp 17)”.
7
1
The Finance Act 2003 is amended as follows.
2
In section 121 (minor definitions)15, in paragraph (b) of the definition of “registered social landlord”, for “section 57 of the Housing (Scotland) Act 2001 (asp 10)” substitute “section 20(1) of the Housing (Scotland) Act 2010 (asp 17)”.
3
In section 128(2)(b) (exemption from stamp duty: definition of “registered social landlord”), for “section 57 of the Housing (Scotland) Act 2001 (asp 10)” substitute “section 20(1) of the Housing (Scotland) Act 2010 (asp 17)”.
8
In applying section 555(3)(b) of the Income Tax Act 2007 (substantial donor exceptions: definition of “relevant housing provider”)16 in accordance with paragraph 27 of Schedule 3 to the Finance Act 201117, paragraph (b) has effect as if for “section 57 of the Housing (Scotland) Act 2001 (asp 10)” there were substituted “section 20(1) of the Housing (Scotland) Act 2010 (asp 17)”.
9
In applying section 508(2)(b)(ii) of the Corporation Tax Act 2010 (exceptions in respect of donors), in accordance with paragraph 27 of Schedule 3 to the Finance Act 201118, paragraph (b)(ii) has effect as if for “section 57 of the Housing (Scotland) Act 2001 (asp 10)” there were substituted “section 20(1) of the Housing (Scotland) Act 2010 (asp 17)”.
PART 2MODIFICATIONS OF SUBORDINATE LEGISLATION
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”19, for “Part 3 of the Housing (Scotland) Act 2001” substitute “Part 2 of the Housing (Scotland) Act 2010”.
11
In regulation 31(5)(b) of the National Minimum Wage Regulations 1999 (meaning of “registered social landlord”)20, for “section 57 of the Housing (Scotland) Act 2001” substitute “section 20(1) of the Housing (Scotland) Act 2010”.
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”)21, for “the Housing (Scotland) Act 2001” substitute “the Housing (Scotland) Act 2010”.
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)22, for “section 57 of the Housing (Scotland) Act 2001” substitute “section 165 of the Housing (Scotland) Act 2010”.
14
In regulation 2(1)(f)(ii) of the Displaced Persons (Temporary Protection) Regulations 2005 (interpretation)23, for “section 57 of the Housing (Scotland) Act 2001” substitute “section 20(1) of the Housing (Scotland) Act 2010”.
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” 24, 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)25, for “sections 57 and 59 of the Housing (Scotland) Act 2001” substitute “section 165 of the Housing (Scotland) Act 2010”.
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”26, 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)27, for “sections 57 and 59 of the Housing (Scotland) Act 2001” substitute “section 165 of the Housing (Scotland) Act 2010”.
17
In regulation 2 of the Community Benefit Societies (Restriction on Use of Assets) Regulations 2006 (interpretation)28, 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”.
18
In regulation 2(3) of the Regulated Covered Bonds Regulations 2008 (eligible property)29, 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”.
19
Paragraph 219 of Schedule 1 to the Companies Act 2006 (Consequential Amendments etc) Order 2008 (amendments to the Housing (Scotland) Act 2001)30 is revoked.
20
In Schedule 1 to the Companies (Disclosure of Address) Regulations 2009 (specified public authorities)31, insert after “a police force”—
; the Scottish Housing Regulator
21
In Schedule 1 to the Overseas Companies Regulations 2009 (specified public authorities)32, insert after “a police force”—
; the Scottish Housing Regulator
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.