Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Housing (Scotland) Act 2010

Type Act of the Scottish Parliament

Publication 2010-12-09

Last updated 2020-12-28

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

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.

The register

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),

(b) make such provision (including provision amending or otherwise modifying any provision of this Act) which Ministers consider appropriate for the purpose of applying any provision of this Act to, or adapting it for, bodies constituted otherwise than as a registered society or registered company.

(4) Before making any order under this section, Ministers must––

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

(i) homeless, or

(ii) tenants of social landlords, and

(b) consult—

(i) the Regulator,

(ii) tenants of social landlords or their representatives,

(iii) social landlords or their representatives, and

(iv) secured creditors of registered social landlords or their representatives.

(5) Any order which restricts or limits purposes or objects in subsection (1)(d) has no effect in relation to a body registered as a social landlord when the order was made.

(6) In this section—

“letting” includes the grant of a right or permission to occupy,

“residents”, in relation to a body, means persons occupying the houses or hostels provided or managed by the body.

Regulatory registration criteria

25

(1) The “regulatory registration criteria” are such criteria as the Regulator may set about—

(a) a body's financial situation,

(b) the arrangements for a body's governance and financial management,

and different criteria may be set for different types of bodies or cases.

(2) Before setting, revising or withdrawing any criteria, the Regulator must consult—

(a) Ministers,

(b) tenants of social landlords or their representatives,

(d) secured creditors of registered social landlords or their representatives.

(3) The Regulator must make arrangements for bringing the regulatory registration criteria (and any revision or withdrawal) to the attention of those affected by it.

Guidance on registration criteria

26

(1) The Regulator must issue guidance as to how it will assess whether a body meets the registration criteria.

(2) Before issuing or revising guidance, the Regulator must consult—

(a) Ministers,

(b) tenants of registered social landlords or their representatives,

(d) secured creditors of registered social landlords or their representatives.

(3) The Regulator must make arrangements for bringing any issue or revision of guidance to the attention of those affected by it.

Removal from register

Compulsory de-registration

27

(1) The Regulator may remove a body from the register under this section only if it considers that the body—

(a) no longer meets (or has never met) the registration criteria,

(b) has ceased to carry out activities, or

(2) In determining whether to remove a body from the register, the Regulator may require the body to provide information demonstrating that it meets any of the registration criteria.

(3) Before removing a body from the register the Regulator must—

(a) take all reasonable steps to give the body at least 14 days' notice, and

(b) have regard to any views expressed by the body in that period.

Voluntary de-registration

28

(1) The Regulator must set de-registration criteria to be applied where a registered social landlord seeks to be removed from the register (and may set different criteria for different types of bodies or cases).

(2) A registered social landlord may ask the Regulator to remove it from the register on the ground that it meets the de-registration criteria.

(3) The Regulator, if satisfied that the landlord meets the de-registration criteria, must remove the landlord from the register.

(4) Before setting or revising de-registration criteria, the Regulator must consult—

(a) Ministers,

(b) tenants of registered social landlords or their representatives,

(d) secured creditors of registered social landlords or their representatives.

(5) The Regulator must make arrangements for bringing the de-registration criteria (and any revision) to the attention of those affected by them.

Appeals

Appeal against decision on registration or removal

29

(1) A body may appeal to the Court of Session against a decision of the Regulator—

(a) not to register it,

(b) to remove it from the register, or

(2) The Court may determine an appeal by—

(a) confirming the decision,

(b) quashing the decision, or

and the Court's determination of the matter is final.

(3) Where the appeal is against a decision to remove a body from the register, the Regulator must not remove the body before the appeal has been finally determined or is withdrawn.

Communication with other regulators

30

(1) As soon as reasonably practicable after registering or de-registering a body, the Regulator must—

(a) in the case of a charity, notify the Office of the Scottish Charity Regulator,

(b) in the case of a registered society, notify the Financial Conduct Authority, and

(2) As soon as reasonably practicable after an appeal is brought under section 29, the Regulator must give notice of the outcome of the appeal to—

(a) in the case of a charity, the Office of the Scottish Charity Regulator,

(b) in the case of a registered society, the Financial Conduct Authority, and

(3) The Office of the Scottish Charity Regulator must keep a record of any notice it is given under this section.

31

Ministers must set out standards and outcomes which social landlords should aim to achieve when performing housing activities.

Standards and outcomes

32

(1) Standards and outcomes set out in the Scottish Social Housing Charter may, for example, relate to—

(a) the housing needs for which social landlords should provide,

(b) the prevention and alleviation of homelessness,

(d) the acquisition and disposal of housing accommodation,

(e) the allocation of housing accommodation,

(f) the terms of tenancies and the principles upon which levels of rent should be determined,

(g) the condition and quality of housing accommodation,

(h) the maintenance and repair of housing accommodation,

(i) the contribution of registered social landlords and local authority landlords to the amenity of the areas in which housing accommodation is situated,

(j) the contribution to and promotion of the environmental well-being and regeneration of the areas in which housing accommodation is situated,

(k) the prevention of harassment or anti-social behaviour,

(l) the provision of information to the public by registered social landlords on their housing services and governance arrangements,

(m) the participation of tenants (and bodies representing tenants) in formulating social landlords' proposals concerning the provision of housing services and in reviewing those proposals once formulated,

(n) the procedures for dealing with tenants' complaints about social landlords and for resolving other disputes between social landlords and their tenants.

(2) Different standards and outcomes may be set out for different social landlords or for different areas or cases.

33

(1) Ministers—

(a) must review the Scottish Social Housing Charter from time to time, and

(b) may revise it following such a review.

(2) Before preparing the Scottish Social Housing Charter (and when reviewing it), Ministers must––

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

(i) homeless, or

(ii) tenants of social landlords, and

(b) consult—

(i) the Regulator,

(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,

(vii) the Accounts Commission for Scotland, and

(viii) the Commission for Equality and Human Rights and such other bodies representing equal opportunities interests as Ministers think fit.

(3) The Scottish Social Housing Charter (and any revision) does not have effect unless a proposed Charter (or revision) has been laid before and approved by a resolution of the Scottish Parliament.

(4) Ministers must—

(a) publish the Scottish Social Housing Charter (and any revision), and

(b) make arrangements for bringing the Scottish Social Housing Charter (and any revision) to the attention of—

(i) social landlords, and

(ii) registered tenant organisations associated with social landlords.

Targets, guidance, code of conduct and equal opportunities

Performance improvement targets

34

(1) The Regulator may set performance improvement targets specifying the level or quality of housing services or the standard of housing activities which social landlords must aim to provide by a specified time.

(2) Different performance improvement targets, or different times, may be set for different social landlords or for different areas or cases.

(3) Before issuing, revising or withdrawing a performance improvement target, the Regulator must consult—

(a) Ministers,

(b) tenants of social landlords or their representatives,

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

(e) social landlords or their representatives,

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

(g) the Accounts Commission for Scotland.

This subsection does not apply where—

(i) the performance improvement target affects only one social landlord, or

(ii) the Regulator considers that there is an urgent need to set the performance improvement target.

(4) The Regulator must make arrangements for bringing a performance improvement target (and any revision or withdrawal) to the attention of affected social landlords.

Guidance: housing activities

35

(1) The Regulator must issue guidance setting out—

(a) indicators by reference to which it intends to measure progress towards achieving standards and outcomes set out in the Scottish Social Housing Charter, and

(b) how it otherwise intends to assess whether a social landlord has achieved, or made progress towards achieving those standards and outcomes.

(2) The Regulator may also issue guidance—

(a) setting out indicators by reference to which it intends to measure progress towards meeting a performance improvement target,

(b) setting out how it otherwise intends to assess whether a social landlord has met, or made progress towards meeting, a performance improvement target,

(3) Guidance may be given generally or for particular purposes (and different guidance may be issued for different social landlords or for different areas or cases).

(4) Before issuing, revising or withdrawing general guidance, the Regulator must consult—

(a) Ministers,

(b) tenants of social landlords or their representatives,

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

(e) social landlords or their representatives,

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

(g) the Accounts Commission for Scotland.

(5) The Regulator must make arrangements for bringing its guidance (and any revision or withdrawal) to the attention of affected social landlords.

Code of conduct: governance and financial accountability

36

(1) The Regulator must issue a code of conduct setting out standards of financial management and governance for registered social landlords.

(2) The code of conduct may make different provision for different registered social landlords or for different areas or cases.

(3) The Regulator must issue guidance on the code of conduct.

(4) Before issuing or revising its code of conduct or guidance, the Regulator must consult—

(a) tenants of registered social landlords or their representatives,

(b) registered social landlords or their representatives, and

(5) The Regulator must make arrangements for bringing the code of conduct (and any revision) and its guidance (and any revision) to the attention of registered social landlords.

37

(1) The Regulator may set financial management or governance targets specifying standards of financial management or governance which registered social landlords must aim to achieve by a specified time.

(2) Different financial management or governance targets, or different times, may be set for different registered social landlords or for different cases.

(3) Before issuing, revising or withdrawing a financial management or governance target, the Regulator must consult—

(a) Ministers,

(b) tenants of registered social landlords or their representatives,

(d) secured creditors of registered social landlords or their representatives.

This subsection does not apply where—

(i) the financial management or governance target affects only one registered social landlord, or

(ii) the Regulator considers that there is an urgent need to set the financial management or governance target.

(4) The Regulator must make arrangements for bringing a financial management or governance target (and any revision or withdrawal) to the attention of affected registered social landlords.

Guidance: financial management or governance targets

38

(1) The Regulator may issue guidance—

(a) setting out indicators by reference to which it intends to measure progress towards meeting a financial management or governance target,

(b) setting out how it otherwise intends to assess whether a registered social landlord has met, or made progress towards meeting, a financial management or governance target.

(2) Guidance may be given generally or for particular purposes (and different guidance may be issued for different registered social landlords or for different cases).

(3) Before issuing, revising or withdrawing guidance on a financial management or governance target, the Regulator must consult those persons who it was required to consult when issuing or revising the target.

(4) The Regulator must make arrangements for bringing its guidance (and any revision or withdrawal) to the attention of affected registered social landlords.

Encouragement of equal opportunities

39

Social landlords when performing housing services must act in a manner which encourages equal opportunities and in particular the observance of the requirements of the law for the time being relating to equal opportunities.

Assessing and reporting

40

(1) When assessing a social landlord's performance of housing activities, the Regulator must consider—

(a) the level and quality of housing services provided by the social landlord (with particular regard to the level of rents and other service charges),

(b) the Scottish Social Housing Charter,

(d) any relevant guidance issued under section 35.

(2) When assessing a registered social landlord's financial well-being or standards of governance, the Regulator must consider––

(a) the code of conduct and guidance issued under section 36,

(b) any relevant financial management or governance target, and

Performance reports

41

(1) The Regulator must publish performance reports containing—

(a) an assessment of social landlords' performance in—

(i) achieving the standards and outcomes set out in the Scottish Social Housing Charter, and

(ii) meeting any relevant performance improvement targets,

(b) the identity of any social landlord considered to have failed, or to be at risk of failing, to achieve those outcomes or meet those standards and targets.

(2) The Regulator may include in a performance report—

(a) information about regulatory interventions made by the Regulator,

(b) information about the financial well-being of registered social landlords generally,

(c) such other information about the performance of social landlords or the financial well-being or standards of governance of registered social landlords which the Regulator considers likely to be useful to—

(i) social landlords, or

(ii) persons who are, or who may become, tenants of social landlords or other recipients of housing services provided by social landlords.

(3) The Regulator may publish performance reports as often as it considers appropriate but must do so at intervals of not more than 12 months.

(4) As soon as practicable after publishing a performance report, the Regulator must—

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

(b) send a copy of it to Ministers.

Part 4 — Inquiries and information

Inquiries

42

(1) The Regulator may make inquiries about—

(a) a social landlord, or

(b) a body which at the material time is or was connected to a registered social landlord or a local authority landlord.

(2) Inquiries may be made—

(a) at any time, and

(b) generally or for particular purposes.

(3) Inquiries may relate to—

(a) a social landlord's housing activities, or

(b) a registered social landlord's financial or other affairs.

(4) Inquiries may be carried out—

(a) by the Regulator, or

(b) by another person (an “inquirer”) appointed by the Regulator,

and, where carried out by an inquirer, references to the Regulator in sections 43 to 49 include references to the inquirer.

(5) Where inquiries are made about a body connected to a registered social landlord or a local authority landlord, references to the social landlord in sections 43 and 46 are references to the social landlord and the connected body.

Inquiries: general powers

43

(1) The Regulator, when making inquiries, has the following general powers in addition to the powers conferred by section 48 and other provisions of this Act.

(2) The Regulator has a right of access at all reasonable times to—

(a) any premises occupied by the social landlord concerned, and

(b) any document or other information relating to the social landlord concerned which the Regulator believes to be relevant to the inquiries.

(3) The social landlord concerned and any person in premises accessed under subsection (2) must provide such facilities and assistance as the Regulator may reasonably request in connection with the inquiries.

(4) A person holding or accountable for any document or other information of a kind described in subsection (2) must, if so required, attend before the Regulator in person to produce the document or, as the case may be, give the information.

(5) The Regulator may inspect, copy, make extracts from or take away any document or other information found on premises accessed under subsection (2) (including any information accessible by computers on the premises but stored elsewhere).

(6) It is an offence for a person, without reasonable excuse—

(a) to fail to comply with subsection (3) or (4), or

(b) to otherwise obstruct the Regulator from properly exercising its powers when making inquiries.

(7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Inquiries: survey powers

44

(1) The Regulator may arrange for a survey of the condition of housing accommodation where it suspects that the standard to which it is being maintained means that a social landlord is, or is at risk of, failing—

(a) to achieve a standard or an outcome set out in the Scottish Social Housing Charter,

(b) to meet a performance improvement target,

(d) to implement an approved performance improvement plan.

(2) The Regulator may require the social landlord to pay some or all of the expenses of the survey.

(3) A survey may be carried out by any person authorised in writing by the Regulator.

(4) The authorised person—

(a) has a right of access to the housing accommodation at all reasonable times to carry out the survey,

(b) must, when seeking to enter accommodation in order to carry out a survey, produce a copy of his or her authorisation on request by an occupier.

(5) The Regulator must give the social landlord at least 28 days' notice of its intention to carry out a survey.

(6) A social landlord to which notice is given under subsection (5) must give each occupier of the housing accommodation concerned at least 7 days' notice of the Regulator's intention to carry out a survey.

(7) The authorised person must—

(a) produce a written report after carrying out a survey, and

(b) give a copy of the report to the Regulator.

(8) The Regulator must give a copy of the authorised person's report to the social landlord.

(9) It is an offence for a person, without reasonable excuse—

(a) to fail to comply with subsection (6), or

(b) to obstruct an authorised person from carrying out a survey under this section.

(10) A person guilty of an offence under subsection (9) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Exceptional audit

45

(1) The Regulator may, as part of inquiries about a registered social landlord's financial or other affairs, arrange for a qualified auditor (appointed by the Regulator) to—

(a) audit the registered social landlord's accounts and balance sheet, and

(b) report to the Regulator about matters specified by the Regulator.

“qualified auditor” means a person eligible for appointment as auditor of the registered social landlord's ordinary accounts.

(2) It is for the Regulator to pay for the expenses of the audit (including the auditor's remuneration).

(3) An audit done under this section is additional to, and does not affect, any other audit done or to be done under any other enactment.

(4) It is an offence for a person, without reasonable excuse, to obstruct a person from carrying out an audit under this section.

(5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Reports on inquiries

46

(1) The Regulator may prepare and publish a report of any inquiries it makes.

(2) The Regulator must—

(a) publish a statement setting out the types of inquiries on which it intends to publish reports, and

(b) make arrangements for bringing its statement (and any revision) to the attention of––

(i) Ministers,

(ii) tenants of social landlords,

(iii) social landlords,

(iv) secured creditors of registered social landlords, and

(v) the Accounts Commission for Scotland.

(3) The Regulator must send a copy of a report prepared under this section to the social landlord concerned.

(4) Where the Regulator publishes a report, it must send a copy of the report to every registered tenant organisation associated with the social landlord which is the subject of the report.

Information

Information from tenants on significant performance failures

47

(1) The Regulator must make arrangements to enable and assist tenants of social landlords to provide it with information on significant performance failures by social landlords.

(2) The Regulator must publish a statement setting out—

(a) what it considers to be a significant performance failure (with reference to standards and outcomes in the Scottish Social Housing Charter, performance improvement targets, financial management and governance targets and the code of conduct issued under section 36), and

(b) details of its arrangements (including details of how it will deal with information provided and how it will respond to tenants).

Power to obtain information

48

(1) The Regulator may, when making inquiries or otherwise for a purpose connected with its functions, require any person to provide it with any document or other information relating to—

(a) a social landlord, or

(b) a body which at the material time is or was connected to a registered social landlord or a local authority landlord.

(2) A requirement must specify—

(a) the document or other information which the person must provide, and

(b) where and by when the person must provide it.

(3) A requirement must not be made of a person other than the social landlord or connected body concerned unless—

(a) the social landlord or connected body has already failed to comply with a requirement to provide the document or other information, or

(b) the Regulator believes that the social landlord or connected body is unable to provide the document or other information.

(4) This section does not authorise the Regulator to require—

(a) the disclosure of anything which a person would be entitled to refuse to disclose on grounds of confidentiality in the Court of Session, or

(b) a banker to disclose anything in breach of a duty of confidentiality owed to anyone other than the social landlord or connected body concerned (or any other body connected to the social landlord).

(5) The Regulator may copy, or make extracts from, any document or other information it receives.

Failure to provide information etc.

49

(1) It is an offence for a person, without reasonable excuse, to fail to comply with a requirement made under section 48.

(2) It is an offence for a person, knowingly or recklessly, to provide information which is false or misleading in a material respect to the Regulator or any other person—

(a) in purported compliance with a requirement made under section 48, or

(b) otherwise if the person knows, or could reasonably be expected to know, that the information may be used by, or provided to, the Regulator.

(3) It is an offence for a person intentionally to alter, suppress, conceal or destroy a document or other information which the person, or which the person knows another person, has been required to provide under section 48.

(4) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) A person guilty of an offence under subsection (2) or (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

50

(1) The Regulator must issue guidance setting out the extent to which social landlords must seek to involve persons (or representatives of such persons) who are or who may become—

(a) homeless,

(b) tenants of social landlords, or

in the preparation of information to be given by social landlords to the Regulator.

(2) The Regulator may require a social landlord to provide information on how it has involved such persons (or their representatives) in providing information to which the guidance relates.

(3) Guidance may be given generally or for particular purposes (and different guidance may be issued for different social landlords or for different areas or cases).

(4) Before issuing or revising guidance, the Regulator must consult—

(a) Ministers,

(b) tenants of social landlords or their representatives,

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

(e) social landlords or their representatives,

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

(g) the Accounts Commission for Scotland.

(5) The Regulator must make arrangements for bringing its guidance (and any revision or withdrawal) to the attention of affected social landlords.

Code of practice

Code of practice: inquiries

51

(1) The Regulator must issue a code of practice on inquiries setting out how it intends to make inquiries and otherwise perform its functions under this Part.

(2) The code of practice may, in particular, set out examples of situations in which it may make inquiries, arrange for surveys or audits or require information to be provided.

(3) The code of practice must be kept under review and must be re-issued (with any revisions which the Regulator thinks appropriate) at least once every 5 years.

(4) Before issuing a code of practice, the Regulator must consult—

(a) Ministers,

(b) tenants of social landlords or their representatives,

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

(e) social landlords or their representatives,

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

(g) the Accounts Commission for Scotland.

(5) The Regulator must make arrangements for bringing the issued code of practice to the attention of social landlords.

Part 5 — Regulatory intervention

Introductory

Regulatory intervention

52

Regulatory intervention may consist of any combination of the Regulator—

(a) requiring submission of a performance improvement plan (see section 55),

(b) serving an enforcement notice (see section 56),

(d) removing, suspending or appointing a registered social landlord's officers or agents (see sections 60 to 65),

(e) acting to protect a registered social landlord's assets (see sections 66 and 67).

Exercise of regulatory intervention powers

53

(1) This section applies where the Regulator is deciding—

(a) whether to make a regulatory intervention,

(b) which regulatory intervention to make, or

(2) The Regulator must consider—

(a) the desirability of social landlords being free to choose how to provide housing services and manage their financial and other affairs,

(b) the speed with which the failure or other problem needs to be dealt with, and

Code of practice: regulatory intervention

54

(1) The Regulator must issue a code of practice on regulatory interventions setting out how it intends to make decisions referred to in section 53(1).

(2) The code of practice may, in particular, set out examples of situations in which it may make a regulatory intervention.

(3) The code of practice must be kept under review and must be re-issued (with any revisions which the Regulator thinks appropriate) at least once every 5 years.

(4) Before issuing a code of practice, the Regulator must consult—

(a) Ministers,

(b) tenants of social landlords or their representatives,

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

(e) social landlords or their representatives,

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

(g) the Accounts Commission for Scotland.

(5) The Regulator must make arrangements for bringing the issued code of practice to the attention of social landlords.

Remedial action

Performance improvement plans

55

(1) This section applies where the Regulator, having made inquiries or otherwise, considers—

(a) that a social landlord is, or is at risk of, failing—

(i) to achieve a standard or an outcome set out in the Scottish Social Housing Charter, or

(ii) to meet a performance improvement target,

(b) that––

(i) a registered social landlord is, or is at risk of, failing to meet a financial management or governance target, or

(ii) there has been misconduct or mismanagement in a registered social landlord's financial or other affairs, or

(c) that any other conduct by a social landlord justifies requiring it to submit and implement a performance improvement plan.

(2) The Regulator may require the social landlord to submit, by such time as the Regulator may specify, a performance improvement plan setting out how and by when the social landlord proposes to rectify or avoid the failure or other problem.

(3) The Regulator may require the social landlord to involve in such a way as the Regulator may specify, persons (or representatives of persons) who are or who may become—

(a) homeless,

(b) tenants of the social landlord, or

in preparing a performance improvement plan.

(4) The Regulator may require the social landlord to provide information on how it has involved such persons (or their representatives) in the preparation of a performance improvement plan.

(5) The Regulator may approve (with or without modifications or additional conditions) or reject a performance improvement plan submitted to it.

(6) The Regulator must not—

(a) approve a performance improvement plan submitted by a social landlord with modifications or additional conditions, or

(b) reject a performance improvement plan submitted by a social landlord,

unless it has given the social landlord notice of its intention to do so and has had regard to any views expressed by the social landlord within such period as the Regulator may specify.

(7) An approved performance improvement plan must be implemented by the social landlord concerned.

(8) The social landlord must—

(a) publish the approved performance improvement plan, and

(b) send a copy of it to any registered tenant organisation associated with the social landlord.

(9) Where a performance improvement plan is rejected, the social landlord must submit a revised plan to the Regulator by such time as the Regulator may specify.

Enforcement notices

56

(1) The Regulator may serve an enforcement notice if, having made inquiries or otherwise, it considers—

(a) that a social landlord is, or is at risk of, failing—

(i) to achieve a standard or an outcome set out in the Scottish Social Housing Charter,

(ii) to meet a performance improvement target, or

(iii) to implement an approved performance improvement plan,

(b) that––

(i) a registered social landlord is, or is at risk of, failing to meet a financial management or governance target, or

(ii) there has been misconduct or mismanagement in a registered social landlord's financial or other affairs,

(d) that a registered social landlord's assets need protection,

(e) that a registered social landlord's financial viability is in jeopardy, or

(f) that any other conduct by a social landlord justifies serving an enforcement notice.

(2) An enforcement notice is a notice requiring the social landlord concerned to take action—

(a) to rectify or avoid a failure or other problem, or

(b) to protect its tenants or assets.

(3) An enforcement notice must—

(a) say why it has been served, and

(b) state by when the social landlord must take action.

(4) The Regulator must—

(a) publish an enforcement notice, and

(b) send a copy of it to every registered tenant organisation associated with the social landlord concerned.

Managerial appointment

Appointment of manager for housing activities

57

(1) This section applies where the Regulator, having made inquiries or otherwise, considers—

(a) that a social landlord has failed, or is failing—

(i) to achieve a standard or an outcome set out in the Scottish Social Housing Charter,

(ii) to meet a performance improvement target,

(iii) to implement an approved performance improvement plan, or

(iv) to comply with an enforcement notice, and

(b) that a person needs to be appointed in order to ensure that the social landlord provides housing services in a way that will rectify the failure.

(2) The Regulator may appoint, or require the social landlord to appoint, a manager to manage the landlord's housing activities generally, or such aspects of those activities as are necessary, for the purpose of rectifying the failure which the Regulator considers requires the appointment of the manager.

(3) Before appointing or requiring appointment of a manager for a local authority or a local authority landlord, the Regulator must—

(a) consult—

(i) the local authority or local authority landlord,

(ii) such bodies representing local authorities as it thinks fits, and

(iii) the Accounts Commission for Scotland, and

(b) have regard to views expressed by those consulted by such time as the Regulator may specify.

Appointment of manager for financial or other affairs

58

(1) This section applies where the Regulator, having made inquiries or otherwise, considers—

(a) that a registered social landlord has failed, or is failing, to comply with—

(i) a duty imposed by this Act or by any other enactment, or

(ii) a requirement imposed on the landlord by the Regulator under this Act or any other enactment, and

(b) that a person needs to be appointed in order to ensure that the landlord manages its financial or other affairs in a way that will rectify the failure.

(2) The Regulator may appoint, or require the registered social landlord to appoint, a manager to manage the landlord's financial or other affairs generally, or such aspects of those affairs as are necessary, for the purpose of rectifying the failure which the Regulator considers requires the appointment of the manager.

Appointment of manager: supplementary

59

(1) It is for the Regulator to determine the terms on which a manager is to be appointed under section 57 or 58 (including , subject to subsection (1A), as to period of appointment and remuneration and expenses).

(1A) The appointment is to be only for so long as is necessary to rectify the failure which gave rise to the manager's appointment.

(2) It is for the social landlord to pay the manager's remuneration and expenses.

(3) A manager has—

(a) general powers to do anything required to perform the manager's functions (including power to enter into agreements or do anything else which the social landlord has power to do), and

(b) such specific powers as the Regulator may specify.

(4) The Regulator may give a manager directions about the rectification of the failure which gave rise to the manager's appointment.

(4A) The manager—

(a) must comply with such directions,

(b) may be removed by the Regulator on failure to so comply.

(5) A manager acts as the social landlord's agent and is accordingly not personally liable on an agreement entered into as manager.

(6) Anyone dealing with a manager in good faith and for value need not inquire whether the manager is acting within the powers conferred by virtue of this section.

General power to remove officers

60

(1) The Regulator may remove an officer of a registered social landlord if the officer—

(a) is an undischarged bankrupt or is otherwise apparently insolvent,

(b) is subject to a disqualification order or a disqualification undertaking under the Company Directors Disqualification Act 1986 (c.46) or equivalent legislation in Northern Ireland,

(c) is disqualified from being a charity trustee under section 69 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10),

(d) is, because of a mental disorder, incapable of acting, or

(e) is, because of absence or other failure to act, failing to ensure that the registered social landlord is complying with—

(i) a duty imposed by this Act or by any other enactment,

(ii) a requirement imposed on the landlord by the Regulator under this Act or any other enactment.

(2) Before removing an officer, the Regulator must give at least 14 days' notice of its intention to do so to—

(a) the officer, and

(b) the registered social landlord.

(3) In this section “apparently insolvent” is to be construed in accordance with section 16 of the Bankruptcy (Scotland) Act 2016.

Suspension of officers etc. during or following inquiries

61

(1) The Regulator, when making or having made inquiries, may suspend a responsible individual (pending decision on removal or otherwise) where it considers—

(a) that the registered social landlord has failed, or is failing, to comply with—

(i) a duty imposed by this Act or by any other enactment, or

(ii) a requirement imposed on the landlord by the Regulator under this Act or any other enactment,

relating to its housing activities or its financial or other affairs,

(d) that the responsible individual—

(i) is, during a moratorium under section 75, obstructing the Regulator from performing its functions under Part 7, or

(ii) is not co-operating in accordance with section 84(2).

(2) The Regulator, unless it considers the case to be one of urgency, must give at least 14 days' notice of its intention to suspend a responsible individual to—

(a) the responsible individual, and

(b) the registered social landlord.

(3) A suspension ceases to have effect—

(a) if the Regulator removes the individual or lifts the suspension, or

(b) where the Regulator does not so act, on the day falling 6 months after the inquiries concerned are concluded.

(4) The Regulator may give the registered social landlord directions about—

(a) the performance of a suspended individual's functions,

(b) any other matter arising from the suspension,

and may appoint an individual, on such terms as it thinks fit, to perform the suspended individual's functions.

(5) It is an offence for a suspended individual to take any action in relation to the management or control of—

(a) the registered social landlord concerned, or

(b) any other registered social landlord,

without the Regulator's consent.

(6) An individual guilty of such an offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Removal of officers etc. following inquiries

62

(1) The Regulator may remove a responsible individual where, having made inquiries, it considers—

(a) that the registered social landlord has failed, or is failing, to comply with—

(i) a duty imposed by this Act or by any other enactment, or

(ii) a requirement imposed on the landlord by the Regulator under this Act or any other enactment,

relating to its housing activities or its financial or other affairs,

(d) that the responsible individual—

(i) is, during a moratorium under section 75, obstructing the Regulator from performing its functions under Part 7, or

(ii) is not co-operating in accordance with section 84(2).

(2) Before removing a responsible individual, the Regulator must give at least 14 days' notice of its intention to do so to—

(a) the responsible individual, and

(b) the registered social landlord.

(3) It is an offence for a removed individual to take any action in relation to the management or control of—

(a) the registered social landlord concerned, or

(b) any other registered social landlord,

without the Regulator's consent.

(4) An individual guilty of such an offence is liable, on summary conviction, to—

(a) imprisonment for a term not exceeding 3 months,

(b) a fine not exceeding level 5 on the standard scale, or

Responsible individuals

63

“Responsible individual” (used in sections 61 and 62) means an officer or agent of a registered social landlord who appears to the Regulator—

(a) to have been responsible for,

(b) to have facilitated or otherwise contributed to, or

the ... failure or other problem concerned.

Appeals against suspension or removal

64

(1) An individual may appeal to the Court of Session against the Regulator's decision to—

(a) remove the individual under section 60 or 62, or

(b) suspend the individual under section 61.

(2) The Court may determine an appeal by—

(a) confirming the decision,

(b) quashing the decision,

and the Court's determination of the matter is final.

Appointment of new officers

65

(1) The Regulator may appoint an individual as an officer of a registered social landlord—

(a) in place of an officer it removes under section 60 or 62,

(b) where there are no officers,

(i) the registered social landlord has an insufficient number of officers to be able to appoint an officer under its constitution, and

(ii) the constitution does not provide a mechanism for appointing an officer in such circumstances, or

(d) if the Regulator considers that an additional officer is needed to rectify a failure by the registered social landlord to comply with—

(i) a duty imposed by this Act or by any other enactment, or

(ii) a requirement imposed on the landlord by the Regulator under this Act or any other enactment,

relating to its financial or other affairs.

(2) It is for the Regulator to determine the terms on which an officer is appointed (including , subject to subsection (2A), as to period of appointment and remuneration and expenses).

(2A) Where the officer is appointed by virtue of subsection (1)(d) to rectify a failure to comply with a duty or requirement, the appointment is to be only for so long as is necessary to so rectify the failure.

(3) The Regulator may require the registered social landlord to purchase and maintain personal indemnity insurance approved by the Regulator for the officer appointed.

“personal indemnity insurance” means insurance designed to indemnify against liability attaching to an individual in connection with any negligence, default, or breach of duty committed in the individual's capacity as officer but does not include insurance with a provision—

(a) prohibited by section 68A(2) of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10),

(b) prohibited by section 234(3) of the Companies Act 2006 (c.46), or

(4) Subject to subsection (4A), the Regulator may renew the appointment of an officer on expiry of any period of appointment so determined.

(4A) Where the officer was appointed by virtue of subsection (1)(d), subsection (2A) applies to the renewal of the appointment as it applies to the appointment.

(5) It is for the registered social landlord to pay the appointed officer's remuneration and expenses.

(6) An appointed officer is entitled—

(a) to require a general meeting of the registered social landlord to be convened within 21 days of giving notice to the landlord's officers of a request to that effect,

(b) to attend, speak and vote at such a general meeting (whether or not convened in pursuance of paragraph (a)),

(d) to resign or retire in accordance with the registered social landlord's constitution.

(7) An appointment may be made despite any contrary restriction in the registered social landlord's constitution (and any such restriction contrary to anything done by virtue of this section is accordingly overridden in relation to the appointment concerned).

Restrictions on dealings during or following inquiries

66

(1) This section applies if the Regulator, when making or having made inquiries, considers—

(a) that there has been misconduct or mismanagement in a registered social landlord's financial or other affairs,

(b) that the interests of a registered social landlord's tenants need protection,

(d) that a registered social landlord's financial viability is in jeopardy.

(2) The Regulator may—

(a) direct the registered social landlord not to—

(i) undertake particular transactions, or

(ii) make payments of a particular nature or amount,

without the Regulator's consent, or

(b) direct a bank or other person not to dispose of any money, securities or other assets it holds for the registered social landlord without the Regulator's consent.

(3) It is an offence for a person to fail to comply with a direction.

(4) A person guilty of such an offence is liable on summary conviction to—

(a) imprisonment for a term not exceeding 3 months,

(b) a fine not exceeding level 5 on the standard scale, or

Transfer of assets following inquiries

67

(1) This section applies if the Regulator, having made inquiries, considers—

(a) that there has been misconduct or mismanagement in a registered social landlord's financial or other affairs, or

(b) that a registered social landlord's viability is in jeopardy for financial or governance reasons or because it cannot provide housing services to an acceptable standard.

(2) In either case the Regulator must also consider that a transfer of some or all of a registered social landlord's assets would improve the management of the assets.

(3) The Regulator may direct the registered social landlord to transfer some or all of its assets to another registered social landlord.

(4) The Regulator must—

(a) before making a direction, consult—

(i) the tenants of any houses it proposes to transfer, and

(ii) any secured creditor whom the Regulator knows to hold security over those houses, and

(b) when making a direction, have regard to any views expressed by those consulted by such time as the Regulator may specify.

(4A) A duty on the Regulator to consult in accordance with paragraph (i) or (ii) of subsection (4)(a) does not apply where the Regulator considers that—

(a) the registered social landlord's viability is in jeopardy for financial reasons,

(b) a person could take a step in relation to the registered social landlord which would require to be notified to the Regulator under section 73,

(d) there is insufficient time to comply with that duty and make a direction which would substantially reduce that likelihood.

(4B) The Regulator must—

(a) issue guidance on subsection (4A), such guidance to include—

(i) the circumstances in which it considers that subsection (4A) is likely to apply,

(ii) the actions it expects to take in those circumstances, and

(iii) how, in those circumstances, it intends to communicate with any of the persons mentioned in paragraph (b) who are affected by its actions, and

(b) before issuing or revising any guidance, consult—

(i) tenants of registered social landlords or their representatives,

(ii) registered social landlords or their representatives, and

(iii) secured creditors of registered social landlords or their representatives.

(4C) Where the Regulator proposes to direct a transfer of some (but not all) of a registered social landlord's assets, the Regulator must—

(a) before making a direction, obtain an independent valuation of those assets, and

(b) when making a direction, have regard to that valuation.

(5) A transfer of assets under a direction must be made on terms specified in, or determined in accordance with, the direction.

(6) Those terms must however—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in the case of a transfer of all of a registered social landlord's assets, provide for the settlement or transfer of all the transferor's proper debts and liabilities in respect of the assets (whether secured or not).

(7) The Regulator may direct the transfer of assets from a registered social landlord which is a charity only if the recipient registered social landlord is a charity which the Regulator, after consulting the Office of the Scottish Charity Regulator, considers has the same or similar charitable purposes (within the meaning of section 7(2) of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10)).

(8) The Regulator may direct the transfer of assets which the registered social landlord is under a duty to apply in accordance with section 19(1) of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10) only if the Regulator—

(a) consults with the Office of the Scottish Charity Regulator, and

(b) after doing so, considers that the recipient registered social landlord will secure the proper application of those assets for the purposes which were set out in the transferor registered social landlord's entry in the Scottish Charity Register immediately before its removal from that register.

Determination of accounting requirements

68

(1) The Regulator may determine accounting requirements with a view to ensuring that the accounts of each registered social landlord—

(a) are prepared in a proper form, and

(b) give a true and fair view of—

(i) its state of affairs in relation to its housing activities, and

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Housing (Scotland) Act 2010

Part 1 — The Scottish Housing Regulator

The Regulator

Disposals resulting in change of landlord

1

Re-accommodated persons: protection of right to buy

2

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

3

Statement on performance of functions

4

Involvement of representative bodies

5

Involvement of the Accounts Commission

6

Independence from Ministers

7

Membership

The Regulator’s membership

8

Disqualification and removal from office

9

Members’ expenses

10

Chairing and proceedings

Chairing

11

The Regulator’s proceedings

12

Staff and property

The Regulator’s chief executive

13

The Regulator’s other staff and property

14

Powers

The Regulator’s general powers

15

Delegation of powers

16

Studies, co-operation and annual reports

Studies

17

Co-operation with other regulators

18

Annual reports

19

Part 2 — Registered social landlords

The register

Registered social landlords

20

Population of the register

21

Application

22

Entry in the register

23

Registration criteria

Legislative registration criteria

24

Regulatory registration criteria

25

Guidance on registration criteria

26

Removal from register

Compulsory de-registration

27

Voluntary de-registration

28

Appeals

Appeal against decision on registration or removal

29

Communication with other regulators

Communication with other regulators

30

Part 3 — Performance of social landlords

Scottish Social Housing Charter

Scottish Social Housing Charter

31

Standards and outcomes

32