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Housing (Scotland) Act 2010

Type Act of the Scottish Parliament

Publication 2010-12-09

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part 1 — The Scottish Housing Regulator

The Regulator

Disposals resulting in change of landlord

1

There is established a body corporate to be known as the Scottish Housing Regulator.

Re-accommodated persons: protection of right to buy

2

(1) The Regulator's objective is to safeguard and promote the interests of persons who are or who may become—

(a) homeless,

(b) tenants of social landlords, or

(2) The Regulator must, so far as is reasonably practicable, perform its functions in a way—

(a) which is compatible with its objective, and

(b) which it considers most appropriate for the purpose of meeting that objective.

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

3

(1) The Regulator's general functions are—

(a) to keep a publicly available register of social landlords, and

(b) to monitor, assess and report regularly on (and, where appropriate, to make regulatory interventions relating to)—

(i) social landlords' performance of housing activities, and

(ii) registered social landlords' financial well-being and standards of governance.

(2) The Regulator must perform its functions in a way which—

(a) is proportionate, accountable and transparent,

(b) is targeted only where action is needed,

(c) encourages equal opportunities and in particular the observance of the requirements of the law for the time being relating to equal opportunities, and

(d) is consistent with any other principle which appears to it to represent best regulatory practice.

Statement on performance of functions

4

(1) The Regulator—

(a) must prepare a statement setting out how it intends to perform its functions,

(b) must review that statement from time to time (and may revise it following such a review), and

(2) The statement must include information on how the Regulator intends—

(a) to meet its objective, and

(b) to perform its functions in the way described in section 3(2).

(3) In preparing the statement the Regulator must take into account the different types of social landlord, for example by taking into account—

(a) legal status and governance arrangements,

(b) property owned or managed,

(d) number of employees.

(4) Before preparing the statement (and when reviewing it), the Regulator must—

(a) have regard to the interests of persons who may become—

(i) homeless, or

(ii) tenants of social landlords, and

(b) consult—

(i) Ministers,

(ii) tenants of social landlords or their representatives,

(iii) homeless persons or bodies representing the interests of homeless persons,

(iv) recipients of housing services provided by social landlords or their representatives,

(v) social landlords or their representatives,

(vi) secured creditors of registered social landlords or their representatives, and

(vii) the Accounts Commission for Scotland.

Involvement of representative bodies

5

(1) Where the Regulator considers it appropriate, it must—

(a) consult representative bodies about the performance of its general functions (for example, by holding meetings), and

(b) involve representative bodies in the performance of its general functions (for example, by appointing them to committees).

(2) The representative bodies referred to in subsection (1) are—

(a) representatives of homeless persons,

(b) representatives of tenants of social landlords, and

(3) The Regulator must publish a statement about how it intends to comply with subsection (1).

Involvement of the Accounts Commission

6

(1) The Regulator must, at such intervals and in such manner as it considers appropriate, consult the Accounts Commission for Scotland about the performance of the Regulator's general functions in relation to local authority landlords.

(2) The Regulator must publish a statement about how it intends to comply with subsection (1).

Independence from Ministers

7

Ministers must not—

(a) give directions relating to, or

(b) otherwise seek to control,

the performance of the Regulator's functions.

Membership

The Regulator’s membership

8

(1) The Regulator is to consist of such number of members (but not fewer than 3) as Ministers think fit.

(2) Each member—

(a) is to be appointed by Ministers from among those persons appearing to them to have knowledge and skills relevant to the functions of the Regulator,

(b) is to be appointed for such period as is specified in the appointment,

(d) in other respects holds and vacates office on such terms and conditions as Ministers may determine, and

(e) after ceasing to hold office, may be reappointed as a member.

Disqualification and removal from office

9

(1) A person is disqualified from appointment, and from holding office, as a member of the Regulator if that person is—

(a) a member of the Scottish Parliament,

(b) a member of the House of Commons,

(d) an office-holder in the Scottish Administration,

(e) a councillor of any local authority,

(f) an officer of any registered social landlord (other than by virtue of this Act),

(g) an employee of any local authority, or

(h) an employee of any registered social landlord.

(2) Ministers may remove a member from office if satisfied that—

(a) the member is an undischarged bankrupt, or

(b) the member—

(i) has been absent from meetings of the Regulator for a period longer than 6 consecutive months without the permission of the Regulator, or

(ii) is unable to discharge the member's functions as a member or is unsuitable to continue as a member.

Members’ expenses

10

The Regulator may pay to its members such sums as it may determine by way of reimbursement of expenses incurred in respect of the performance of their functions.

Chairing and proceedings

Chairing

11

(1) Ministers—

(a) must appoint one of the Regulator's members to chair meetings of the Regulator, and

(b) may appoint another of the Regulator's members to act as deputy to that member.

(2) A member so appointed vacates office on ceasing to be a member of the Regulator.

(3) The member appointed to chair the meetings and any member appointed to act as deputy to that member otherwise hold and vacate office as such in accordance with the terms of their appointments.

(4) A member so appointed may, by notice to Ministers, resign from office as such.

(5) Where a member—

(a) is appointed to chair meetings or to act as deputy, or

(b) ceases to hold office as such,

Ministers may vary the terms of the member's appointment so as to alter the date on which office as a member is to be vacated.

The Regulator’s proceedings

12

(1) The Regulator may regulate its own procedure (including any quorum) and that of any of its committees.

(2) The validity of any proceedings or acts of the Regulator is not affected by any—

(a) vacancy in its membership, or

(b) defect in the appointment of a member.

Staff and property

The Regulator’s chief executive

13

(1) The Regulator is to appoint, as a member of staff, a chief executive.

(2) Ministers are to appoint the first chief executive of the Regulator on such terms as they may determine.

(3) Before appointing the first chief executive, Ministers must consult the member of the Regulator appointed to chair meetings of the Regulator (if a person holds that office).

(4) The Regulator may, with the approval of Ministers, appoint subsequent chief executives on such terms as it may, with the approval of Ministers, determine.

(5) The chief executive is to be appointed from among persons who appear—

(a) as regards the first appointment, to Ministers, and

(b) as regards subsequent appointments, to the Regulator,

to have knowledge and skills relevant to the functions of the Regulator.

(6) The Regulator may, with the approval of Ministers—

(a) vary any terms of a person's appointment as chief executive, or

(b) terminate a person's appointment as chief executive if satisfied that the person is not performing the functions of that post adequately.

The Regulator’s other staff and property

14

(1) The Regulator may appoint, on such terms as it may determine, other members of staff.

(2) The Regulator must obtain the approval of Ministers for the terms of such staff.

(3) Schedule 1 makes transitional provisions about the Regulator's staff and property.

Powers

The Regulator’s general powers

15

(1) The Regulator may do anything which appears necessary or expedient for the purpose of, or in connection with, the performance of its functions.

(2) The Regulator may not however—

(a) acquire or dispose of land without the consent of Ministers,

(b) borrow money,

(d) determine the location of its office premises without the approval of Ministers.

Delegation of powers

16

Any function of the Regulator may be performed on its behalf—

(a) by any person (whether or not a member of the Regulator or its staff) authorised by the Regulator to do so, and

(b) to the extent so authorised.

Studies, co-operation and annual reports

Studies

17

(1) The Regulator may carry out, or commission, studies or research to inform its approach towards meeting its objective.

(2) The Regulator may publish a report on any study or research.

Co-operation with other regulators

18

(1) The Regulator must, so far as consistent with the proper performance of its functions, seek to secure co-operation between it and other relevant regulators.

(2) “Relevant regulators” are—

(a) the Regulator of Social Housing,

(b) the Office of the Scottish Charity Regulator,

(d) Social Care and Social Work Improvement Scotland,

(e) the Scottish Public Services Ombudsman,

(f) the Financial Conduct Authority,

(fa) the Prudential Regulation Authority,

(g) the registrar of companies, and

(h) the Accounts Commission for Scotland.

(3) The Regulator may disclose any information to any relevant regulator—

(a) for any purpose connected with the performance of the Regulator's functions, or

(b) for the purpose of enabling or assisting the relevant regulator to perform any functions.

Annual reports

19

(1) As soon as practicable after 31 March in each year, the Regulator must—

(a) prepare and publish a general report on the exercise of its functions during the 12 month period ending on 31 March,

(b) lay a copy of it before the Scottish Parliament, and

(2) A general report must include information about the use of the Regulator's powers under Parts 4 and 5 of this Act.

(3) It is otherwise for the Regulator to determine the form and content of a general report and by what means it is to be published.

Part 2 — Registered social landlords

The register

Registered social landlords

20

(1) The Regulator must keep a register of social landlords (“the register”).

(2) Neither local authority landlords nor local authorities which provide housing services are to be included in the register.

(3) The Regulator must—

(a) keep the register open for inspection at all reasonable times, and

(b) make the register available on a website, or by other electronic means, to members of the public.

(4) The register must contain an entry for each body included in it setting out—

(a) the body's name,

(b) details of how to contact the body,

(d) the body's purposes or objects, and

(e) such other information relating to the body as the Regulator considers appropriate.

Population of the register

21

(1) Each body which was, immediately before the commencement of this section, registered in the register maintained by Ministers under section 57 of the Housing (Scotland) Act 2001 (asp 10) is to be included in the register.

(2) Subsection (1) does not affect the Regulator's power to remove the body from the register under section 27 or 28.

Application

22

An application for inclusion in the register must—

(a) be made in such manner as the Regulator may determine, and

(b) include or be accompanied by such information as the Regulator may request.

Entry in the register

23

(1) The Regulator must include every applicant body which it considers meets the registration criteria in the register.

(2) The “registration criteria” are—

(a) the legislative registration criteria, and

(b) the regulatory registration criteria.

(3) A body entered in the register is presumed to be eligible for registration while the registration lasts, irrespective of whether and why the body is later removed from the register.

Registration criteria

Legislative registration criteria

24

(1) The “legislative registration criteria” are—

(a) that a body does not trade for profit,

(b) that a body is established for the purpose of, or has among its objects and powers, the provision, construction, improvement or management of—

(i) houses to be kept available for letting,

(ii) houses for occupation by members of that body, where the rules of that body restrict membership to persons entitled or prospectively entitled (as tenants or otherwise) to occupy a house provided or managed by that body, or

(iii) hostels,

(d) that any additional purposes or objects of a body must be from among the following—

(i) providing land, amenities or services, or providing, constructing, repairing or improving buildings, for its residents (or for its residents and other persons together),

(ii) acquiring, or repairing and improving, or creating by the conversion of houses or other property, houses to be disposed of on sale, on lease, on shared ownership terms or on shared equity terms,

(iii) constructing houses to be disposed of on shared ownership terms or on shared equity terms,

(iv) managing—

(A) houses which are held on leases or other lettings (not being houses falling within subsection (1)(b)(i) or (1)(b)(ii)), or

(B) blocks of flats (a block of flats meaning a building containing two or more flats which are held on leases or other lettings and which are occupied or intended to be occupied wholly or mainly for residential purposes),

(v) providing services of any description for owners or occupiers of houses in—

(A) arranging or carrying out works of maintenance, repair or improvement, or encouraging or facilitating the carrying out of such works,

(B) arranging property insurance,

(vi) encouraging and giving advice on the formation of registered social landlords,

(vii) providing services for, and giving advice on the running of—

(A) registered social landlords, and

(B) other organisations whose activities are not carried on for profit which are concerned with housing or matters connected with housing,

(viii) promoting or improving the economic, social or environmental wellbeing of—

(A) its residents (or its residents and other persons together), or

(B) the area in which the houses or hostels it provides are situated,

(ix) giving financial assistance (by way of grant or loan or otherwise) to persons in order to help them to acquire houses on shared equity terms.

(2) But a body is not ineligible for registration by reason only that its powers include power—

(a) to acquire commercial premises or businesses as an incidental part of a project or series of projects undertaken for purposes or objects falling within subsection (1)(b) or (1)(d),

(b) to repair, improve or convert any commercial premises acquired as mentioned in paragraph (a) or to carry on for a limited period any business so acquired, or

(c) to repair or improve houses, or buildings in which houses are situated, after the tenants have exercised, or claimed to exercise, rights to purchase under section 61 of the Housing (Scotland) Act 1987 (c.26).

(3) Ministers may by order—

(a) amend the purposes, objects and powers specified in subsections (1)(d) and (2),

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