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

(ii) the disposition of funds and assets which it holds, or has held, in connection with its housing activities.

(2) A determination may be made generally or for particular purposes (and different determinations may be made for different registered social landlords or different cases).

(3) Before making, revising or withdrawing a determination, the Regulator must consult—

(a) registered social landlords or their representatives,

(b) the Office of the Scottish Charity Regulator,

(d) such bodies representing auditors and accountants as the Regulator thinks fit.

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

(5) A determination must not relate to a period beginning before it is published.

Compliance with accounting requirements

69

(1) The accounts of a registered social landlord must comply with accounting requirements determined by the Regulator.

(2) The auditor's report must state the auditor's opinion on whether the accounts so comply.

Delivery of accounts and audit

70

(1) A registered social landlord must provide the Regulator with a copy of its accounts and auditor's report within 6 months of the end of the period to which they relate.

(2) In respect of the financial year ending with 31 March 2020—

(a) subsection (1) does not apply,

(b) a registered social landlord must provide the Regulator with a copy of its accounts and auditor’s report within 9 months of the end of the period to which they relate.

Failure to deliver compliant accounts

71

(1) It is an offence for a registered social landlord to fail to comply with section 69 or 70.

(2) A registered social landlord guilty of such an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Disclosure of information

72

(1) This section applies to any person appointed—

(a) to carry out an audit of a registered social landlord's accounts, or

(b) as a reporting accountant in relation to registered social landlord.

“reporting accountant” means a person appointed to prepare a report which, by virtue of any enactment, has to be prepared in respect of accounts which are not subject to audit.

(2) A person to whom this section applies must disclose information to the Regulator (and may express an opinion on it) where the person has reasonable cause to believe that the information is likely to be of material significance in relation to the performance of the Regulator's general functions under section 3(1)(b).

(3) A person to whom this section applies may disclose information to the Regulator (and express an opinion on it) where the person has reasonable cause to believe that—

(a) there is no requirement to report the information under subsection (2), but

(b) the information is likely to be relevant to the performance of any of the Regulator's functions.

(4) A duty or power which arises under subsection (2) or (3) is not affected if the person in relation to whom it arises subsequently stops acting in the capacity mentioned in subsection (1).

(5) No duty of confidentiality or other restriction on disclosure howsoever imposed prevents a person from disclosing information to the Regulator under this section.

Moratorium

Notification of step towards insolvency etc.

73

(1) A person specified in the following table must notify the Regulator—

(a) before taking a step so specified, and

(b) as soon as reasonably practicable after such a step is taken.

Person	Step
The person taking the step	A step to enforce a security over a registered social landlord's land
The petitioner	Presenting a petition for the winding up of a registered social landlord (but not the presenting of a petition by the Regulator under section 105)
The registered social landlord	Notice being given (in accordance with the constitution of the body to those entitled to vote on the resolution) of the proposal of a resolution for the winding up of a registered social landlord
The person who applied for the order	Applying for, or making, an administration order in respect of a registered social landlord which is a registered company
The person making the appointment	Appointing an administrator in respect of a registered social landlord which is a registered company

(2) The Regulator may determine for the purposes of this Part what is meant by a step to enforce a security over a registered social landlord's land.

(3) Before making, revising or withdrawing a determination, the Regulator must consult—

(a) Ministers,

(b) registered social landlords or their representatives, and

(4) The Regulator must make arrangements for bringing any determination (and any revision or withdrawal) to the attention of those affected by it.

Effect of failure to notify

74

(1) A step specified in the table in section 73 has no effect if the person so specified fails to give notice under section 73(1)(a) before the step is taken.

(2) Failure to give notice of such a step under section 73(1)(b) does not invalidate the step.

Moratorium

75

(1) A moratorium on the disposal of a registered social landlord's land begins when a step specified in the table in section 73 is taken in respect of the registered social landlord.

(2) The taking of another such step during the moratorium does not trigger a new moratorium or affect the duration of the existing one.

Period of moratorium

76

(1) A moratorium ends (unless extended or cancelled) 56 days after notice of the step in respect of which it began is given under section 73(1)(b).

(2) The Regulator may extend the moratorium from time to time (but may do so only with the consent of all of the registered social landlord's secured creditors whom the Regulator can locate after making reasonable enquiries).

(3) The Regulator must give notice of any extension to—

(a) the registered social landlord, and

(b) any liquidator, administrative receiver, receiver or administrator appointed in respect of the registered social landlord or its land.

(4) The Regulator may, after consulting the person whose step triggered a moratorium, cancel the moratorium where it considers that the proper management of the registered social landlord's land can be secured without making proposals under section 80.

(5) The Regulator must give notice of a moratorium ending to—

(a) the registered social landlord, and

(b) all of the registered social landlord's secured creditors whom the Regulator can locate after making reasonable enquiries.

(6) Such a notice must (except where the moratorium has been cancelled) include an explanation of section 77.

Further moratorium

77

(1) If a moratorium ends (other than by cancellation), taking a step specified in the table in section 73 in respect of the registered social landlord concerned within 3 years of the moratorium ending does not trigger another moratorium.

(2) But the Regulator may, in such circumstances, renew the original moratorium for a specified period if all of the registered social landlord's secured creditors whom the Regulator can locate after making reasonable enquiries consent to the renewal.

(3) The Regulator must give notice of a renewal of a moratorium to—

(a) the registered social landlord, and

(b) any liquidator, administrative receiver, receiver or administrator appointed in respect of the registered social landlord or its land.

Effect of moratorium

78

(1) During a moratorium a registered social landlord's land may not be disposed of without the Regulator's consent.

(2) Subsection (1)—

(a) applies to disposals by the registered social landlord and by any other person having power to dispose of the registered social landlord's land, but

(b) does not apply to a disposal of a type mentioned in paragraphs (a) to (g) and (i) to (k) of section 108(1).

(3) The Regulator's consent to a disposal may be given—

(a) before or after the moratorium begins,

(b) subject to such conditions as the Regulator considers appropriate.

(4) A purported disposal during a moratorium without consent is void.

Interim manager

79

(1) During a moratorium the Regulator may appoint, or require the registered social landlord to appoint, an interim manager—

(a) to manage its housing activities or its financial and other affairs generally, or

(b) to manage particular aspects of those activities or affairs.

(2) It is for the Regulator to determine the terms on which an interim manager is to be appointed (including as to period of appointment and remuneration and expenses).

(3) An interim manager's appointment ends with the earliest of the following—

(a) any date specified in the appointment,

(b) the end of the moratorium, or

(4) An interim manager has—

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

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

(5) But an interim manager—

(a) must comply with any direction by the Regulator about the performance of the interim manager's functions (and may be removed on failure to so comply), and

(b) may not dispose of land.

(6) An interim manager acts as the registered social landlord's agent and is accordingly not personally liable on an agreement entered into as interim manager.

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

Making proposals

Proposals: formulation

80

(1) The Regulator may, during a moratorium, make proposals about the future ownership and management of the registered social landlord's land with a view to ensuring that land is managed properly in the future by a registered social landlord.

(2) Before making proposals, the Regulator must consult—

(a) the registered social landlord,

(b) all of the registered social landlord's secured creditors whom the Regulator can locate after making reasonable enquiries,

(d) where the registered social landlord is a registered society, the Financial Conduct Authority, and

(e) where the registered social landlord is a charity, the Office of the Scottish Charity Regulator.

(3) The Regulator must, when formulating proposals—

(a) have regard to the interests of the registered social landlord's creditors as a whole (both secured and unsecured), and

(b) so far as practicable, aim to avoid worsening the position of the registered social landlord's unsecured creditors.

(4) Proposals may provide for the appointment of a manager to implement the proposals (and proposals which do so must provide for the payment of the manager's remuneration and expenses).

(5) Proposals must not include anything which would result in—

(a) non-preferential debts being paid before preferential debts,

(aa) secondary preferential debts being paid before ordinary preferential debts,

(b) preferential creditors being paid different proportions of ordinary preferential debts (except where affected preferential creditors agree to be paid a smaller proportion)...

(c) preferential creditors being paid different proportions of secondary preferential debts (except where affected preferential creditors agree to be paid a smaller proportion), or

(d) where the debtor is a relevant financial institution—

(i) secondary non-preferential debts being paid before ordinary non-preferential debts,

(ii) tertiary non-preferential debts being paid before secondary non-preferential debts, or

(iii) creditors being paid different proportions of secondary non-preferential debts (except where affected creditors agree to be paid a smaller proportion).

“preferential debt, ordinary preferential debt, secondary preferential debt” and “preferential creditor” have the same meaning as in the Insolvency Act 1986 (c.45).

(6) In this section—

“ordinary non-preferential debts” has the meaning given by section 129(1)(g) of the Bankruptcy (Scotland) Act 2016;

“secondary non-preferential debts” and “tertiary non-preferential debts” have the meanings given by section 129A of the Bankruptcy (Scotland) Act 2016.

Proposals: submission

81

(1) The Regulator must submit its proposals to all of the registered social landlord's secured creditors whom the Regulator can locate after making reasonable enquiries.

(2) The Regulator must give notice of submitted proposals to—

(a) the registered social landlord and its officers, and

(b) any liquidator, administrative receiver, receiver or administrator appointed in respect of the registered social landlord or its land.

(3) The Regulator must also make arrangements for bringing submitted proposals to the attention of the registered social landlord's members, tenants and unsecured creditors.

Proposals: agreement

82

(1) Secured creditors to whom proposals are submitted under section 81 may—

(a) agree to the proposals (with or without modification), or

(b) reject the proposals.

(2) Proposals agreed with modifications have effect only if the Regulator agrees to the modifications.

(3) The Regulator must give notice of agreed proposals to—

(a) the registered social landlord and its officers,

(b) all of the registered social landlord's secured creditors whom the Regulator can locate after making reasonable enquiries,

(c) any liquidator, administrative receiver, receiver or administrator appointed in respect of the registered social landlord or its land,

(d) where the registered social landlord is a registered society, the Financial Conduct Authority, and

(e) where the registered social landlord is a charity, the Office of the Scottish Charity Regulator.

(4) The Regulator must also make arrangements for bringing agreed proposals to the attention of the registered social landlord's members, tenants and unsecured creditors.

Modifying proposals

83

(1) Agreed proposals may be modified from time to time with the agreement of—

(a) the Regulator, and

(b) all of the registered social landlord's secured creditors to whom the original proposals were submitted.

(2) Sections 80 and 82(3) apply to modified proposals as to the original proposals (and references in sections 84 to 90 to agreed proposals include references to modified proposals).

Implementing proposals

Implementation of agreed proposals

84

(1) Agreed proposals are binding on and accordingly must be implemented by—

(a) the Regulator,

(b) the registered social landlord,

(d) any liquidator, administrative receiver, receiver or administrator appointed in respect of the registered social landlord or its land.

(2) The registered social landlord's officers must co-operate in the implementation of agreed proposals.

But this subsection does not require or allow officers to do anything in breach of a fiduciary or other duty owed by them.

Appointment of manager to implement proposals

85

(1) The Regulator must appoint a manager to implement agreed proposals (where the proposals so provide).

(2) A manager must comply with any direction by the Regulator about the performance of the manager's functions (and may be removed on failure to so comply).

(3) A manager may apply to the Court of Session for directions about the performance of the manager's functions (and a direction by the court supersedes any contrary direction by the Regulator).

(4) The Regulator may appoint another manager in place of a person who for any reason ceases to be manager.

Manager: powers

86

(1) A manager appointed to implement agreed proposals may do anything necessary to secure that implementation.

(2) A manager may, in particular—

(a) take possession of land (and raise legal proceedings for that purpose),

(b) sell or otherwise dispose of land by public auction or private contract,

(d) grant security over land,

(e) grant or enter into, or accept a renunciation of, a lease or tenancy,

(f) carry on the registered social landlord's business (in so far as relating to management and transfer of land),

(g) carry out works, or do anything else, in connection with the management or transfer of land,

(h) execute deeds or other documents on behalf of the registered social landlord,

(i) use the registered social landlord's seal (if it has one),

(j) make any arrangement or compromise on behalf of the registered social landlord,

(k) appoint (and dismiss) agents and staff,

(l) appoint a solicitor, accountant or other professional to assist the manager,

(m) make payments,

(n) take out insurance,

(o) raise or defend legal proceedings,

(p) refer a dispute to arbitration,

(q) do anything incidental to the exercise of the above powers.

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

(4) 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.

(5) A manager must, so far as practicable—

(a) consult the registered social landlord's tenants before doing anything likely to affect them, and

(b) inform them of the effect of any such action.

Manager of registered society: extra powers

87

(1) This section applies where a manager is appointed to implement proposals relating to a registered social landlord which is a registered society.

(2) The manager may make and execute, on behalf of the society—

(a) an instrument providing for the amalgamation of the society with another registered society (“amalgamation instrument”), or

(b) an instrument transferring the society's engagements.

(3) An amalgamation instrument executed by a manager has the same effect as a resolution by the society under section 109 of the Co-operative and Community Benefit Societies Act 2014 (amalgamation of societies by special resolution).

(4) An instrument transferring the engagements has the same effect as a transfer of engagements under section 110 or 112 of the Co-operative and Community Benefit Societies Act 2014.

(5) The manager must send a copy of the instrument (signed by the manager) to the Financial Conduct Authority.

(6) The copy instrument must be registered by that Authority and the instrument does not take effect until the copy is so registered.

(7) A copy instrument must be sent for registration within 14 days of execution (but a copy registered after that period is valid).

Regulator assistance

88

(1) The Regulator may give financial or other assistance to a registered social landlord in order to—

(a) preserve its position pending the making or agreement of proposals, or

(b) facilitate implementation of agreed proposals.

(2) In order to facilitate implementation of agreed proposals, the Regulator may give financial or other assistance to—

(a) a manager appointed to implement agreed proposals,

(b) an officer of the registered social landlord.

(3) The Regulator may, in particular—

(a) lend staff,

(b) arrange payment of a manager's remuneration and expenses.

(4) But the Regulator may not—

(a) pay grants,

(b) make loans,

(d) make payments, or give guarantees, connected with loans (whether secured or otherwise),

without the consent of Ministers.

Failure by manager to implement agreed proposals

89

(1) This section applies where a registered social landlord, or any of its creditors, applies to the Court of Session on the ground that a manager has acted otherwise than in accordance with agreed proposals.

(2) The Court may—

(a) confirm, modify or reduce any decision or other act of the manager,

(b) give the manager directions, or

Other failure to implement agreed proposals

90

(1) This section applies where any person bound by agreed proposals applies to the Court of Session on the ground that another person so bound has acted, or proposes to act, otherwise than in accordance with the proposals.

(2) The Court may—

(a) confirm or modify the act,

(b) declare the act to be of no effect, or

Meaning of “land”

91

References in this Part to a registered social landlord's land include references to any existing or future interest of the landlord in rent or other receipts arising from land.

Change of name, office or constitution

Change of name or office

92

A registered social landlord must give the Regulator notice of—

(a) any change to—

(i) its name, or

(ii) its registered or principal office,

(b) any amendment to its constitution (other than a change of name or office),

within 28 days of the change or amendment being made.

Change of constitution

93

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Registered society’s rules: supplementary

94

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Change of registered company’s articles: supplementary

95

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Registered societies: restructuring, winding up and dissolution

Restructuring, winding up and dissolution of registered societies

96

(1) This group of sections applies to a registered social landlord—

(a) which is a registered society, and

(b) whose inclusion in the register has been recorded by the Financial Conduct Authority.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restructuring of society

97

(1) This section applies in relation to a special resolution passed by the society for the purposes of a restructuring provision.

(2) Where the restructuring to which the special resolution relates is one to which section 96A applies, the Financial Conduct Authority may register the special resolution only if—

(a) the society confirms the matters mentioned in subsection (3), and

(b) a copy of the confirmation accompanies the copy special resolution sent to the Financial Conduct Authority for the purposes of the Co-operative and Community Benefit Societies Act 2014.

(3) Those matters are that, before the special resolution was passed—

(a) the society complied with sections 115 and 115A(1) (as applied by section 96A(3)), and

(b) a majority of tenants—

(i) voting in a ballot conducted under section 115A(1)(a) wish the restructuring to proceed, or, as the case may be,

(ii) whose written agreement to the restructuring was sought under section 115A(1)(b) have given that agreement.

(4) The society must, as soon as reasonably practicable after sending the copy special resolution to the Financial Conduct Authority (and, in a case to which subsection (2) applies, no later than 28 days after doing so), give notice of the restructuring to the Regulator.

(5) Any new body created, or to whom engagements are transferred, in pursuance of such a special resolution is to be included in the register (and is to be treated as so included pending such inclusion).

Voluntary winding up of society

98

(1) This section applies in relation to the voluntary winding up of the society under the Insolvency Act 1986.

(2) The society must consult its tenants in relation to the proposed voluntary winding up before passing a resolution for the winding up of the society.

(3) Such a resolution is valid only if—

(a) the society confirms that it consulted its tenants as mentioned in subsection (2), and

(b) a copy of the confirmation accompanies the copy resolution sent to the Financial Conduct Authority for the purposes of section 30 of the Companies Act 2006 (as applied by virtue of section 123 of the Co-operative and Community Benefit Societies Act 2014 and section 84(3) of the Insolvency Act 1986).

(4) The society must, as soon as reasonably practicable after sending the copy resolution to the Financial Conduct Authority, give notice of the voluntary winding up to the Regulator.

(5) The Regulator must issue guidance in relation to consultation for the purpose of subsection (2).

(6) A society must, in consulting tenants for that purpose, have regard to guidance issued under subsection (5).

Dissolution of society

99

(1) This section applies where the society proposes an instrument of dissolution of the society (within the meaning of section 119 of the Co-operative and Community Benefit Societies Act 2014).

(2) The society must consult its tenants in relation to the proposed dissolution before seeking the approval of the instrument for the purposes of section 119 of that Act.

(3) The Financial Conduct Authority may register an instrument of dissolution of the society under section 121 of the Co-operative and Community Benefit Societies Act 2014, or cause notice of the dissolution to be advertised under section 122 of that Act, only if—

(a) the society confirms that it consulted its tenants as mentioned in subsection (2), and

(b) a copy of the confirmation accompanies the instrument sent to the Financial Conduct Authority for the purposes of section 121 of that Act.

(4) The society must, as soon as reasonably practicable after sending the instrument to the Financial Conduct Authority, give notice of the dissolution to the Regulator.

(5) The Regulator must issue guidance in relation to consultation for the purpose of subsection (2).

(6) A society must, in consulting tenants for that purpose, have regard to guidance issued under subsection (5).

Companies: restructuring and winding up

Restructuring and winding up of companies

100

(1) This group of sections applies to a registered social landlord which is a registered company.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restructuring of company

101

(1) This section applies where—

(a) a court order is made in respect of a company under section 899 or 900 of the Companies Act 2006, and

(b) the restructuring to which the order relates is of a type mentioned in section 900(1) of that Act.

(1A) This section also applies where—

(a) a court order is made in respect of a company under section 901F or 901J of the Companies Act 2006, and

(b) the restructuring to which the order relates is of a type mentioned in section 901J(1) of that Act.

(2) Where section 100A applies in relation to a restructuring, a court order mentioned in subsection (1) or (1A) in relation to the same restructuring has effect only if—

(a) the company confirms the matters mentioned in subsection (3), and

(b) a copy of the confirmation accompanies the copy of the order delivered to the registrar of companies in accordance with section 900(6) or (as the case may be) section 901J(6) of the Companies Act 2006.

(3) The matters are that, before the order was made—

(a) the company complied with sections 115 and 115A(1) (as applied by section 100A(3) or (6) (as the case may be)), and

(b) a majority of tenants—

(i) voting in a ballot conducted under section 115A(1)(a) wish the restructuring to proceed, or, as the case may be,

(ii) whose written agreement to the restructuring was sought under section 115A(1)(b) have given that agreement.

(4) The company must, as soon as reasonably practicable after the order is made (and, in a case to which subsection (2) applies, no later than 28 days after that event), give notice of the restructuring to the Regulator.

(5) Where the whole or any part of the undertaking and property and liabilities of the company are transferred to another company in pursuance of an order under section 900 or 901J of the Companies Act 2006, that other company is to be included in the register (and is to be treated as so included pending such inclusion).

Conversion of company into a registered society

102

(1) This section applies in relation to the conversion of the company into a registered society under section 115 of the Co-operative and Community Benefit Societies Act 2014.

(2) The company must consult its tenants on the proposed conversion before passing a special resolution for the conversion of the company into a registered society under section 115 of that Act.

(3) Such a special resolution has effect only if—

(a) the company confirms that it consulted its tenants as mentioned in subsection (2), and

(b) a copy of the confirmation accompanies the resolution sent to the registrar of companies in accordance with section 115(5) of the Co-operative and Community Benefit Societies Act 2014.

(4) The company must, as soon as reasonably practicable after sending the resolution to the registrar of companies, give notice of the conversion to the Regulator.

(5) The new registered society created in pursuance of the resolution is to be included in the register (and is to be treated as so included pending such inclusion).

(6) The Regulator must issue guidance in relation to consultation for the purpose of subsection (2).

(7) A company must, in consulting tenants for that purpose, have regard to guidance issued under subsection (6).

Company voluntary arrangement

103

(1) This section applies in relation to a voluntary arrangement under Part 1 of the Insolvency Act 1986 in relation to the company.

(2) The company must consult its tenants about the voluntary arrangement before the arrangement is approved under section 4 of that Act.

(3) Such a voluntary arrangement does not take effect under section 5 of the Insolvency Act 1986 unless the company has consulted its tenants as mentioned in subsection (2).

(4) The company must, as soon as reasonably practicable after the voluntary arrangement takes effect, give notice of the arrangement to the Regulator.

(5) The Regulator must issue guidance in relation to consultation for the purpose of subsection (2).

(6) A company must, in consulting tenants for that purpose, have regard to guidance issued under subsection (5).

Voluntary winding up of company

104

(1) This section applies in relation to the voluntary winding up of the company under the Insolvency Act 1986.

(2) The company must consult its tenants on the proposed winding up before passing a special resolution for the winding up of the company under that Act.

(3) Such a special resolution is valid only if—

(a) the company confirms that it consulted its tenants as mentioned in subsection (2), and

(b) a copy of the confirmation accompanies the copy resolution sent to the registrar of companies in accordance with section 30 of the Companies Act 2006.

(4) The company must, as soon as reasonably practicable after sending the copy resolution to the registrar of companies, give notice of the voluntary winding up to the Regulator.

(5) The Regulator must issue guidance in relation to consultation for the purpose of subsection (2).

(6) A company must, in consulting tenants for that purpose, have regard to guidance issued under subsection (5).

Winding up petition

Regulator’s power to petition for winding up

105

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Asset transfer on dissolution or winding up

106

(1) This section applies to a registered social landlord—

(a) which is a registered society dissolved as mentioned in section 119 or 123 of the Co-operative and Community Benefit Societies Act 2014, or

(b) which is a registered company wound up under the Insolvency Act 1986 (c.45).

(2) Any surplus assets available after the registered social landlord's liabilities have been discharged are to be transferred to such other registered social landlord as the Regulator directs.

(3) The Regulator must—

(a) before making a direction, consult the tenants of any houses to be included in the transfer, and

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

(4) The Regulator may discharge any liability of the registered social landlord in order to ensure that assets which would otherwise need to be sold to discharge that liability are instead transferred under subsection (2).

(5) 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)).

(6) 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.

(7) This section has effect despite anything in—

(a) the Co-operative and Community Benefit Societies Act 2014,

(b) the Insolvency Act 1986 (c.45),

(d) the registered social landlord's constitution.

Power to dispose of land or assets

107

(1) A registered social landlord may make a disposal of land to which subsection (2) applies only if the landlord complies with section 110 in relation to the disposal.

(2) This subsection applies to a disposal of land, other than a disposal by way of granting security over the land or any interest in it, which will not result in a tenant under a Scottish secure tenancy ceasing to be a tenant of the landlord making the disposal.

(3) A registered social landlord may make a disposal of land to which subsection (4) applies only if––

(a) the landlord complies with sections 115 to 120 in relation to the disposal, and

(b) a majority of tenants—

(i) voting in a ballot in relation to the disposal under section 115A(1)(a) wish the disposal to proceed, or, as the case may be,

(ii) whose written agreement to the disposal was sought under section 115A(1)(b) have given that agreement.

(4) This subsection applies to a disposal of land which will result in a tenant under a Scottish secure tenancy ceasing to be a tenant of the landlord making the disposal.

(5) This section does not apply where section 108 applies to the disposal.

108

(1) This section applies to a disposal—

(a) by way of a lease under a Scottish secure tenancy (or what would be such a tenancy but for schedule 1 to the Housing (Scotland) Act 2001 (asp 10)),

(b) by way of a lease under a short Scottish secure tenancy,

(d) by way of a lease under what would be an assured tenancy but for any of paragraphs 3 to 8 and 12 of schedule 4 to the Housing (Scotland) Act 1988 (c.43),

(da) by way of a lease under what would be a private residential tenancy but for—

(i) any of paragraphs 2 to 6 or 20 of schedule 1 of the Private Housing (Tenancies) (Scotland) Act 2016, and

(ii) paragraph 14 of that schedule.

(e) by way of an occupancy arrangement,

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) made in pursuance of a direction given by the Regulator under section 67 or 106,

(h) for which the Regulator's consent is required under section 78,

(i) made in implementation of agreed proposals under section 86 or 87,

(j) arising from a restructuring in relation to which Part 8 applies, or

(k) of such type and made in such manner as the Regulator may determine.

(2) For the purposes of subsection (1)(e) an occupancy arrangement is an arrangement other than a lease—

(a) under which a person has the lawful right to occupy living accommodation (within the meaning of section 194 of the Housing (Scotland) Act 2006 (asp 1)) which forms part of premises or a group of premises owned by the landlord, and

(b) where the occupants of the premises share with each other one or more of—

(i) a toilet,

(ii) personal washing facilities, or

(iii) facilities for the preparation or provision of cooked food.

(3) Before making, revising or withdrawing a determination under subsection (1)(k), the Regulator must consult—

(a) Ministers,

(b) registered social landlords or their representatives, and

(4) The Regulator must make arrangements for bringing a determination (and any revision or withdrawal) to the attention of those affected by it.

109

(1) A registered social landlord must notify the Regulator of any disposal of land or any other asset as soon as reasonably practicable (and, where section 107(4) applies, no later than 28 days) after the disposal is made.

(2) The Regulator may make a determination—

(a) dispensing with the notification requirement in subsection (1),

(b) where section 107(4) applies, extending the period mentioned in that subsection.

(3) A determination may be given generally or for particular purposes (and different determinations may be issued for different social landlords or for different areas or properties).

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

(a) Ministers,

(b) tenants of social landlords or their representatives,

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

(5) The Regulator need not consult on a specific determination relating only to one or more particular registered social landlords or properties.

Tenant consultation: other disposals

110

(1) This section applies in relation to disposals of land by registered social landlords to which section 107(2) applies.

(2) The registered social landlord must , before making such a disposal —

(a) consult—

(i) tenants of any houses included in the disposal, and

(ii) any other person whom the Regulator requires the landlord to consult, and

(b) inform the Regulator of the views expressed by those consulted.

(3) The Regulator must issue guidance in relation to consultation under subsection (2).

(4) A registered social landlord must, in consulting tenants or other persons under subsection (2)(a), have regard to guidance issued by the Regulator under subsection (3).

111

(1) A disposal of land by a registered social landlord to which section 107(2) applies is void if the landlord did not comply with section 110(2)(a).

(2) A disposal of land by a registered social landlord to which section 107(4) applies is void if—

(a) the landlord did not comply with section 115 or 115A(1), or

(b) a majority of tenants—

(i) voting in a ballot in relation to the disposal under section 115A(1)(a) did not wish the disposal to proceed, or, as the case may be,

(ii) whose written agreement to the disposal was sought under section 115A(1)(b) did not give that agreement.

De-registered bodies

112

This Part applies in relation to a disposal of land by a body removed from the register of social landlords as if that body were still registered. But it only so applies in relation to land held by the body before it was so removed.

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

Disposals resulting in change of landlord

113

(1) This Chapter applies to a disposal of land by a registered social landlord to which section 107(4) applies.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where this Chapter applies to only a part of a disposal of land, it applies to that part as to a separate disposal.

Regulator’s initial decision

114

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Consultation with tenants

115

(1) A registered social landlord proposing to make a disposal must ... serve a notice on the tenants of each house included in the proposed disposal—

(a) specifying to whom the proposed disposal is to be made,

(b) explaining the likely consequences of the disposal for the tenants,

(c) informing them of their right to make representations to the registered social landlord within such reasonable period (of not less than 28 days) as may be specified, and

(d) including such other details about the proposed disposal as the landlord considers appropriate.

(2) The registered social landlord must, after considering any timeous representations made in pursuance of the notice served under subsection (1), serve a further notice on the tenants concerned—

(a) informing them—

(i) of any significant changes to the proposed disposal, . . .

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) explaining that the disposal requires the approval of tenants by way of ballot or written agreement.

116

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Further information

117

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Ballot

118

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Written agreements

119

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Unaffected tenants

120

(1) In this section, “unaffected tenant” means a tenant of a house included in a proposed disposal of land who the registered social landlord expects to have vacated the house before the disposal is made.

(2) The registered social landlord—

(a) need not give notice (or further notice) under section 115 to an unaffected tenant, and

(b) may exclude an unaffected tenant from any ballot conducted under section 115A(1)(a), and

(3) But, where a registered social landlord does not give such a notice or so excludes a tenant from the ballot or does not seek the tenant's written consent, the registered social landlord must confirm that the tenants concerned have all vacated the houses concerned when notifying the Regulator under section 115A(2).

Regulator’s approval

121

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Purchaser protection

122

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Restructuring resulting in change of landlord

123

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Purchaser protection

124

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Part 11 — Change of landlord: secure tenants

Right to acquire certain houses from local authority landlords

125

(1) An approved person has the right to acquire an eligible house from a local authority landlord.

(2) That right includes the right to acquire such other heritable property owned by the local authority landlord which will reasonably serve a beneficial purpose in connection with the occupation of that house (and references in this Part to “house” are to be construed accordingly).

Approved persons

126

(1) The Regulator may approve any person (other than a local authority landlord) as a person who may exercise the right conferred by section 125.

(2) An approval may be given generally or for particular persons, acquisitions, areas or purposes and different approvals may be given for different cases.

(3) An approval may be given subject to conditions (for example, an approval may specify a maximum number of houses which the approved person may acquire).

(4) The Regulator may vary or revoke an approval (but such a revocation or approval has no effect on transactions previously completed).

Eligible houses

127

(1) An eligible house is a house (other than an exempt house) which is—

(a) owned by a local authority landlord, and

(b) occupied by a qualifying tenant.

(2) A “qualifying tenant” is a tenant under a Scottish secure tenancy (other than a tenancy in respect of which an order for recovery of possession has been granted under section 16(2) of the Housing (Scotland) Act 2001 (asp 10)).

(3) An exempt house is a house—

(a) which is one of a group which has been provided with facilities (including a call system and the services of a warden) specially designed or adapted for the needs of persons of pensionable age or disabled persons,

(b) which has facilities which are substantially different from those of an ordinary house and has been designed or adapted for occupation by a person of pensionable age or a disabled person whose special needs require accommodation of the kind provided by the house, or

(4) A house falls within this subsection if—

(a) it is held by Orkney Islands Council, Shetland Islands Council or Comhairle nan Eilean Sar for the purposes of its functions as an education authority and is required for the accommodation of a person who is or will be employed by the council for those purposes, and

(b) the council concerned is not likely to be able reasonably to provide other suitable accommodation for that person.

Application to acquire eligible house

128

(1) An approved person may make an application to a local authority landlord which—

(a) states that the applicant seeks to acquire under this Part an eligible house owned by the local authority landlord, and

(b) is otherwise in such form as the Regulator may from time to time determine.

(2) Such an application must be accompanied by the written agreement to an approach being made to the local authority landlord of—

(a) the qualifying tenant occupying the eligible house (and in the case of a joint tenancy each qualifying tenant), and

(b) any spouse or civil partner of such a qualifying tenant, or any person living with such a qualifying tenant as if they were the tenant's spouse or civil partner, who occupies the house as an only or principal home.

(3) The applicant must give a copy of the application to—

(a) the Regulator, and

(b) each qualifying tenant.

(4) An application ceases to have effect if, at any time before notice of acceptance of an offer to sell is given under section 132—

(a) the applicant withdraws the application by giving notice of withdrawal to the local authority landlord and each qualifying tenant,

(b) a person whose agreement has been obtained for the purposes of subsection (2) withdraws that agreement by giving notice to the local authority landlord and the applicant, or

(c) the applicant is required to do anything under this Part within a certain period and that period (or that period as extended under section 136) expires without the applicant doing what is required,

but this does not affect the applicant's right to make a further application.

Offer to sell

129

(1) The local authority landlord must, within 2 months of an application being made under section 128—

(a) make an offer to sell the house to the applicant—

(i) at a price equal to the market value of house as determined in accordance with section 130, and

(ii) subject to conditions imposed in accordance with section 131, or

(b) refuse the application under section 133.

(2) The local authority landlord must give a copy of an offer to sell to the qualifying tenant.

Market value of eligible house

130

(1) It is for the local authority landlord to instruct either of the following to determine the market value of an eligible house—

(a) the district valuer, or

(b) a qualified valuer nominated by the local authority landlord and accepted by the applicant.

(2) In determining the market value of an eligible house, the valuer must have regard to the price which the house would realise if sold on the open market by a willing seller, with the following assumptions—

(a) that it was sold on the day on which the application to acquire the house was made,

(b) that it was sold subject to the tenancy held by the qualifying tenant but otherwise with vacant possession,

(c) that it was to be conveyed with the same right and subject to the same burdens as would apply to an acquisition under this Part,

(d) that the only prospective acquirers were the persons who were approved persons on the date on which the application was made, and

(e) that the applicant would, within a reasonable period, carry out such works as are reasonably necessary to put the house into the state of repair required by the local authority landlord's repairing obligations.

(3) Where a valuer determines that the house would not realise any price if offered for sale in accordance with subsection (2) that price may be taken to be—

(a) a negative value equal to the amount which would require to be paid to an approved person in order that the approved person would willingly acquire the house, or

(b) where an approved person would willingly acquire the house for no consideration, nil,

and the house's market value may accordingly be determined to be a negative value or nil.

(4) Where market value is determined to be a negative value or nil—

(a) the reference in section 129 to selling the house is to be read as a reference to disposing of it, and

(b) where the market value is determined to be a negative value, the obligation to pay falls on the local authority landlord.

Sale conditions

131

(1) An offer to sell—

(a) must include such conditions as are needed to entitle the applicant to receive a good and marketable title to the house, and

(b) may be subject to such other conditions as are reasonable.

(2) But such other conditions—

(a) must not reduce the tenant's enjoyment and use of the house as tenant of the applicant from that which the tenant had as tenant of the local authority landlord,

(b) must not require the applicant or the tenant to pay any of the local authority landlord's expenses, and

(c) must not impose a new charge, or increase an existing charge, for the provision of a service in relation to the house unless that charge is in reasonable proportion to the cost to the local authority landlord of providing the service.

(3) An applicant who—

(a) considers that a condition contained in the offer to sell is unreasonable, or

(b) wishes to have a new condition included in the offer to sell,

may request the local authority landlord to amend the offer to sell accordingly.

(4) Such a request—

(a) is to be given by serving notice on the local authority landlord, and

(b) must be made within 1 month of the offer to sell being made.

(5) The local authority landlord must, within 1 month of such a request being made—

(a) agree to the request and make an accordingly amended offer to sell to the applicant, or

(b) refuse the request by notifying the applicant accordingly.

(6) If a local authority landlord—

(a) refuses a request, or

(b) fails to comply with subsection (5),

the applicant may refer the matter to the Lands Tribunal.

(7) Such a reference must be made within 1 month of the refusal or, as the case may be, of the expiry of the period referred to in subsection (5).

(8) The Lands Tribunal may determine such a reference by—

(a) upholding a condition,

(b) striking out or modifying a condition, or

(9) Where a Lands Tribunal determination results in a modification of the offer to sell, it must order the local authority landlord to make to the applicant an amended offer to sell (amended in accordance with the determination) within 2 months of the determination.

Acceptance of an offer to sell

132

(1) An applicant may give the local authority landlord notice of acceptance of an offer to sell within 2 months of the latest of—

(a) the date on which the offer to sell was made,

(b) the date on which an amended offer to sell (or, if there is more than one, the latest amended offer to sell) was made,

(c) the date of a determination by the Lands Tribunal under section 131(8) which does not require the local authority landlord to make an amended offer to sell.

(2) If a notice of acceptance is not given within the period required by subsection (1) (or within that period as extended under section 136), both the offer to sell and the related application made under section 128 lapse.

(3) A notice of acceptance is of no effect unless the qualifying tenant and the applicant have concluded a lease of the house for a period immediately subsequent to the acquisition of the house (being a lease which is conditional upon that acquisition proceeding).

(4) Giving a notice of acceptance constitutes a contract of sale of the house between the local authority landlord and the applicant on the terms contained in the offer (or amended offer) to sell.

Refusal of application

133

(1) A local authority landlord may refuse an application made under section 128 (by giving notice of refusal to the applicant) where it—

(a) disputes the applicant's right to acquire under this Part, or

(b) considers after reasonable inquiry (including giving the applicant a reasonable opportunity to amend the application) that any information in the application is materially incorrect.

(2) A notice of refusal must—

(a) specify the grounds of the dispute or, as the case may be, the information considered to be materially incorrect, and

(b) must be given—

(i) where given under subsection (1)(a), within 1 month of the date on which the application was made, and

(ii) where given under subsection (1)(b), within 2 months of that date.

(3) The applicant may, within 1 month of a notice of refusal being given, refer the matter to the Lands Tribunal for a finding that the applicant is entitled to exercise the right conferred by this Part on such terms as it may determine.

Reference to Lands Tribunal

134

(1) Where a local authority landlord—

(a) fails to comply with section 129(1),

(b) fails to comply with an order made under section 131(9), or

(c) fails to progress an application in accordance with any finding under section 133(3) within 2 months of that finding being made,

the applicant may refer the matter to the Lands Tribunal.

(2) The Lands Tribunal may, if it finds that any of paragraphs (a) to (c) of subsection (1) apply, make an offer to sell to the applicant and do otherwise as the local authority landlord might do in pursuance of such an offer to sell.

Anything done by the Lands Tribunal under this subsection has effect as if done by the local authority landlord.

(3) Nothing in this section affects a provision in any other enactment relating to the enforcement of a statutory duty whether under that enactment or otherwise.

135

(1) A person who acquires any property under this Part must not dispose of it unless the Regulator consents to the disposal.

(2) The Regulator may—

(a) give general consent to certain disposals, or

(b) give consent for particular purposes (for example, for particular persons, particular property or particular disposals).

(3) The Regulator's consent may be conditional.

(4) Before consenting to a disposal, the Regulator must—

(a) satisfy itself that the person who is seeking the consent has consulted—

(i) the tenants of houses included in the disposal, and

(ii) any other person whom the Regulator requires the person to consult, and

(b) have regard to the views expressed by those consulted.

(5) This section does not apply to a disposal by a registered social landlord (such a disposal being subject to Part 9).

Extension of time periods

136

Any period during which a local authority landlord or an applicant may or must do anything under this Part may be extended (or further extended) by notice given before the end of the period by—

(a) the applicant, where the thing is to be done by the local authority landlord, or

(b) the local authority landlord, where the thing is to be done by the applicant.

137

(1) In this section—

“charitable registered social landlord” means a registered social landlord which is entered in the Scottish Charity Register, and

“OSCR” means the Office of the Scottish Charity Regulator.

(2) The Regulator and OSCR must, in pursuance of section 18 of this Act and section 20 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10), together make arrangements with a view to—

(a) securing the exchange of information between them about charitable registered social landlords,

(b) securing the co-ordination of any activities they carry on in exercising functions in relation to charitable registered social landlords, and

(c) preventing any unnecessary duplication in relation to any inquiries made, or to be made, by them in relation to charitable registered social landlords.

(3) The Regulator and OSCR—

(a) must set out the arrangements in a memorandum,

(b) must keep the memorandum under review, and

(4) The Regulator and OSCR must take such steps as they think fit to publicise the memorandum (and any revision or replacement).

Residential restriction on a long lease

138

In section 8 of the Land Tenure Reform (Scotland) Act 1974 (c.38), after subsection (3) insert—

(3A) The condition contained in subsection (1) above does not apply to a long lease executed after the commencement of section 138 of the Housing (Scotland) Act 2010 (asp 17) where at the time the lease is executed the lessee is— (a) a social landlord (within the meaning of section 165 of the Housing (Scotland) Act 2010); (b) a body connected to a social landlord (within the meaning of section 164 of the Housing (Scotland) Act 2010); or (c) a rural housing body (within the meaning of section 122(1) of the Title Conditions (Scotland) Act 2003).

Heritable security redemption right

139

In section 11 of the Land Tenure Reform (Scotland) Act 1974, after subsection (3) insert—

(3A) The right to redeem a heritable security conferred by this section does not apply to a heritable security where— (a) the debtor (or where the debtor is not the proprietor, the proprietor of the security subjects) has in writing renounced the right to redeem conferred by this section; and (b) at the time of doing so that body is— (i) a social landlord (within the meaning of section 165 of the Housing (Scotland) Act 2010); (ii) a body connected to a social landlord (within the meaning of section 164 of the Housing (Scotland) Act 2010); or (iii) a rural housing body (within the meaning of section 122(1) of the Title Conditions (Scotland) Act 2003).

Part 14 — Right to buy: reforms

Re-accommodated persons: protection of right to buy

140

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Limitation on right to buy: new tenants

141

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Pressured areas: amendments

142

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143

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Limitation on right to buy: police housing

144

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Duty to collect and publish information: local authority housing stock

145

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

146

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147

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Part 15 — Amendment of Housing (Scotland) Act 2006

Introductory

148

This Part contains miscellaneous amendments of the Housing (Scotland) Act 2006 (asp 1) (“the 2006 Act”).

HRA designation orders: removal of Ministerial involvement

149

(1) Section 2(2) of the 2006 Act is repealed.

(2) In section 5 of the 2006 Act—

(a) in subsection (1), paragraph (b) and the word “or” immediately preceding it are repealed,

(b) in subsection (2), the words “, with the consent of the Scottish Ministers,” are repealed,

(3) In schedule 1 to the 2006 Act—

(a) in paragraph 1(3)—

(i) for the words from first “as” to “considering” substitute “ consider ”,

(ii) after first “notice” insert “ before deciding whether to make the HRA designation order. ”,

(iii) sub-paragraphs (a) and (b) are repealed,

(b) after paragraph 1(5) insert—

(5A) Before making such a modification, the local authority must— (a) give notice describing the general effect of the proposed modification to— (i) any owner and occupier of a house, and any other person, who it considers likely to be significantly affected by the modification, and (ii) where it considers that a building which falls within paragraph 4 is likely to be significantly affected by the modification, the planning authority (where the planning authority is not the local authority), and (b) consider any representations made by such persons.

(d) paragraph 2 is repealed,

(e) in the heading for paragraph 3, for “designation” substitute “ decision ”,

(f) after paragraph 3(2) insert—

(3) Where the local authority decides not to make an HRA designation order proposed under paragraph 1(1), they must give notice of that fact to the persons, and in the manner, mentioned in that provision.

Recovery of expenses

150

(1) In section 50(2)(c)(i) of the 2006 Act, after “unable” insert “ or unwilling ”.

(2) In section 59(1) of the 2006 Act, after paragraph (a) insert—

(aa) expenses it incurs in pursuance of— (i) devising a maintenance plan under 46(1)(b)(ii) or (c), or (ii) varying a maintenance plan under section 47(1),

(3) In section 61 of the 2006 Act, after subsection (3) insert—

(3A) A local authority may recover— (a) the amount of any fee payable in respect of registering any such document, (b) any administrative expenses incurred by it in connection with the registration, and (c) interest, at such reasonable rate as it may determine, from the date when a demand for payment is served until the whole amount is paid, from the owner of the house concerned.

(4) In section 172 of the 2006 Act—

(a) in subsection (1), after “(2)” insert “ , section 61(3A), subsection (6A) below ”,

(b) after subsection (6) insert—

(6A) A local authority may recover— (a) the amount of any fee payable in respect of registering a repayment charge or a discharge of such a charge, (b) any administrative expenses incurred by it in connection with the registration, and (c) interest, at such reasonable rate as it may determine, from the date when a demand for payment is served until the whole amount is paid, from the owner of the living accommodation concerned.

Scheme of assistance: demolition works

151

Section 71 of the 2006 Act is amended as follows—

(a) in subsection (1)(b), after “work” insert “ (including demolition work) ”,

(b) in subsection (2), after paragraph (d) insert—

(da) demolishing a house,

Part 16 — Miscellaneous

Tenant protection: orders for possession against landlord

152

(1) After section 5A(8) of the Heritable Securities (Scotland) Act 1894 (c.44) insert—

(9) For the avoidance of doubt, a decree granted on an application to which this section applies is not an order for possession of a house let on an assured tenancy (within the meaning of Part II of the Housing (Scotland) Act 1988 (c.43)).

(2) After section 24(9) of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35) insert—

(10) For the avoidance of doubt, a decree granted on an application under subsection (1B) above is not an order for possession of a house let on an assured tenancy (within the meaning of Part II of the Housing (Scotland) Act 1988 (c.43)).

(3) After section 216(2) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) insert—

(2A) Subsection (2) does not apply to an occupant with an assured tenancy (within the meaning of Part II of the Housing (Scotland) Act 1988 (c.43)) or any effects of that occupant where the decree for removing from heritable property was granted on an application— (a) to which section 5A of the Heritable Securities (Scotland) Act 1894 (c.44) applies; or (b) under section 24(1B) of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35).

Tenant protection: repossession orders

153

The Housing (Scotland) Act 2001 (asp 10) is amended as follows—

(a) in section 16, after subsection (5) insert—

(5A) Where an order is made under subsection (2) in proceedings under section 14 on the ground that rent lawfully due from the tenant has not been paid (as set out in paragraph 1 of schedule 2) or on grounds including that ground— (a) subsection (5)(a) does not apply, (b) the tenancy is terminated only if the landlord recovers possession of the house in pursuance of the order, (c) the order must specify the period for which the landlord's right to recover possession of the house is to have effect (being no longer than any maximum period which the Scottish Ministers by order prescribe), and (d) the landlord must have regard to any guidance issued by the Scottish Ministers about recovery of possession in pursuance of the order. (5B) Before making an order under subsection (5A)(c) or issuing guidance under subsection (5A)(d), the Scottish Ministers must consult— (a) such bodies representing local authorities, (b) such registered social landlords or bodies representing them, (c) such bodies representing tenants' interests, and (d) such other persons, as they think fit.

(b) in section 109(6), after second “section” insert “ 16(5A)(c) or ”.

Police accommodation not to be Scottish secure tenancy

154

In paragraph 2 of schedule 1 to the Housing (Scotland) Act 2001 (asp 10)—

(a) sub-paragraph (a) is repealed,

(b) in sub-paragraph (c), for the words “a police force or” substitute “ an ”,

(2) A tenancy is not a Scottish secure tenancy if the landlord is a local authority landlord and— (a) the house occupied by the tenant is held by the landlord for the purposes of a police force, or (b) the tenant is let the house expressly on a temporary basis pending its being required for the purposes of a police force. (3) Sub-paragraph (2)(a) does not prevent a tenancy from being a Scottish secure tenancy if— (a) the tenancy was created before the relevant day, (b) the tenant moved to the house in pursuance of— (i) an order for recovery of possession made under section 16(2) of the Housing (Scotland) Act 2001 (asp 10), on any of the grounds set out in paragraphs 9 to 13 and 15 of schedule 2 to that Act, in respect of a house subject to a Scottish secure tenancy created before the relevant day, or (ii) the operation of section 19(3)(b), 21(3)(b) or 22(6) of that Act following termination of a Scottish secure tenancy created before the relevant day, (c) the tenant moved to the house from a house subject to a Scottish secure tenancy created before the relevant day in pursuance of a decision by the landlord to demolish that other house as a result of which— (i) the tenancy of that other house was terminated by written agreement between the landlord and the tenant, and (ii) the house was made available to the tenant, (d) the tenant occupied the house immediately before the relevant day under a short Scottish secure tenancy which has, since that day, been converted into a Scottish secure tenancy under section 37, or (e) the tenant— (i) occupied the house (or any other house held by the landlord for the purposes of a police force) under a Scottish secure tenancy immediately before the creation of the tenancy, and (ii) agreed to terminate that Scottish secure tenancy without having been notified by the landlord of the effect of sub-paragraph (2)(a) at least 28 days before so agreeing. (4) In this paragraph— - “police force” has the same meaning as in the Police (Scotland) Act 1967 (c.77), - “relevant day” means the day on which section 154 of the Housing (Scotland) Act 2010 (asp 17) comes into force.

Scottish secure tenancy: rent arrears pre-action requirements

155

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Housing (Scotland) Act 2010

Compliance with accounting requirements

69

Delivery of accounts and audit

70

Failure to deliver compliant accounts

71

Disclosure of information

72

Part 7 — Registered social landlords: insolvency etc.

Moratorium

Notification of step towards insolvency etc.

73

Effect of failure to notify

74

Moratorium

75

Period of moratorium

76

Further moratorium

77

Effect of moratorium

78

Interim manager

79

Making proposals

Proposals: formulation

80

Proposals: submission

81

Proposals: agreement

82

Modifying proposals

83

Implementing proposals

Implementation of agreed proposals

84

Appointment of manager to implement proposals

85

Manager: powers

86

Manager of registered society: extra powers

87

Regulator assistance

88

Failure by manager to implement agreed proposals

89

Other failure to implement agreed proposals

90

Meaning of “land”

91

Part 8 — Registered social landlords: organisational change etc.

Change of name, office or constitution

Change of name or office

92

Change of constitution

93

Registered society’s rules: supplementary

94

Change of registered company’s articles: supplementary

95

Registered societies: restructuring, winding up and dissolution

Restructuring, winding up and dissolution of registered societies

96

Restructuring of society

97

Voluntary winding up of society

98

Dissolution of society

99

Companies: restructuring and winding up

Restructuring and winding up of companies

100

Restructuring of company

101

Conversion of company into a registered society

102

Company voluntary arrangement

103

Voluntary winding up of company