Housing (Scotland) Act 2010

[^key-e940dc653d5163f7e0d4d1aad0b01c52]: S. 100A(4)-(6) inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 9 para. 47(4) (with ss. 2(2), 5(2))

[^key-1a766d2de2f71a8ef3cffbf2c86cd1ff]: Words in s. 100A(1) substituted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 9 para. 47(2)(a) (with ss. 2(2), 5(2))

[^key-a62fcdbd6cc64f27b27c2d55ae0ea133]: Word in s. 100A(1) omitted (26.6.2020) by virtue of Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 9 para. 47(2)(b) (with ss. 2(2), 5(2))

[^key-91ccb78cfbce08df402240fd623209b7]: S. 100A(1)(c)(d) substituted (26.6.2020) for s. 100A(1)(c) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 9 para. 47(2)(c) (with ss. 2(2), 5(2))

[^key-d97b7e7989383f3420154982867c214c]: Words in s. 100A(3) substituted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 9 para. 47(3) (with ss. 2(2), 5(2))

[^key-382c27695aa172dd645edf41a3fa3244]: S. 101(1A) inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 9 para. 48(2) (with ss. 2(2), 5(2))

[^key-866e8a2a9565e7c5edefd895fdce081a]: Words in s. 101(2) inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 9 para. 48(3)(a) (with ss. 2(2), 5(2))

[^key-c2560392def4090b7fbe1c68aad02ed9]: Words in s. 101(2)(b) inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 9 para. 48(3)(b) (with ss. 2(2), 5(2))

[^key-6bda04be5fefc1a815717794cb83a357]: Words in s. 101(3)(a) inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 9 para. 48(4) (with ss. 2(2), 5(2))

[^key-d9ea4156c7366d928d63cacfc06d54f4]: Words in s. 101(5) inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 9 para. 48(5) (with ss. 2(2), 5(2))

[^key-5d740520c6cb1c2a519e58bb609443a9]: S. 80 modified (28.12.2020 until IP completion day when the amending provision ceases to have effect in accordance with reg. 1(4) of the amending S.I.) by The Bank Recovery and Resolution (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1350), regs. 1(4), 125 (with reg. 108)

The Regulator's objective

Registered social landlord becoming a subsidiary of another body

104A

• (1) This section applies where a registered social landlord which is a registered society or a registered company proposes to enter into an arrangement under which the landlord will become a subsidiary of a body of which it is not currently a subsidiary.

• (2) Subject to subsection (5)—

• (a) the registered social landlord must comply with sections 115 to 120 (as applied by subsection (3)) in relation to the arrangement, and

• (b) the arrangement has effect only if the conditions in subsection (4) are met.

• (3) Sections 115 to 120 apply in relation to a proposed arrangement to which this section applies as they apply in relation to a proposed disposal to which section 107(4) applies.

• (4) The conditions are that, before the arrangement was completed—

• (a) the registered social landlord complied with sections 115 and 115A(1) (as applied by subsection (3)), and

• (b) a majority of tenants—

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

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

• (5) The Regulator must determine that subsections (2) and (3) are not, or are to cease, to apply in relation to an arrangement 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 landlord which would require to be notified to the Regulator under section 73, and

• (c) the determination under this subsection would substantially reduce the likelihood of a person taking such a step.

• (6) The registered social landlord must, as soon as reasonably practicable after the arrangement takes effect (and no later than 28 days after that event), give notice of the arrangement to the Regulator.

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

124A

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124B

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Limitation on right to buy: new supply social housing

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

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

Scheme of assistance: demolition works

Commencement

Short title

Scottish secure tenancy: rent arrears pre-action requirements

Local authority duties on homelessness: armed forces

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

Minor and consequential amendments and repeals

Local authority duties on homelessness: armed forces

Minor and consequential amendments and repeals

96A

• (1) This section applies where the society proposes to pass a special resolution for the purposes of a restructuring provision where the restructuring—

• (a) will result in a tenant under a Scottish secure tenancy ceasing to be a tenant of the society proposing the restructuring, and

• (b) is a restructuring other than the conversion of the society into a company in accordance with section 112 of the Co-operative and Community Benefit Societies Act 2014.

• (2) The society must comply with sections 115 to 120 (as applied by subsection (3)) in relation to the proposed restructuring.

• (3) Sections 115 to 120 apply in relation to a proposed restructuring to which this section applies as they apply in relation to a proposed disposal to which section 107(4) applies, subject to the modification that section 115A(2) has effect as if, for paragraph (b), there were substituted—“(b)before notice of a meeting at which the special resolution is intended to be proposed is given under section 111 or, as the case may be, 113 of the Co-operative and Community Benefit Societies Act 2014,”.

• (4) In this section and section 97, “restructuring provision” means any of the following provisions of the Co-operative and Community Benefit Societies Act 2014—

• (a) section 109 (amalgamation),

• (b) section 110 (transfer of engagements),

• (c) section 112 (conversion into or amalgamation with registered company).

100A

• (1) Subsections (2) and (3) apply where—

• (a) a court order is made in respect of the company under section 896 of the Companies Act 2006,

• (b) the meeting summoned by the court order is to agree a restructuring of a type mentioned in section 900(1) of that Act, ...

• (c) the restructuring will result in a tenant under a Scottish secure tenancy ceasing to be a tenant of the company in respect of which the order is made, and

• (d) the company is not being wound up and is not in administration.

• (2) The company must comply with sections 115 to 120 (as applied by subsection (3)) in relation to the proposed restructuring.

• (3) Sections 115 to 120 apply in relation to a proposed restructuring to which this subsection applies as they apply in relation to a proposed disposal to which section 107(4) applies, subject to the modification that section 115A(2) has effect as if, for paragraph (b), there were substituted—

(b) before the meeting summoned by the court order under section 896 of the Companies Act 2006 takes place,

.

• (4) Subsections (5) and (6) apply where—

• (a) a court order is made in respect of the company under section 901C(1) of the Companies Act 2006,

• (b) the meeting summoned by the court order is to agree a restructuring of a type mentioned in section 901J(1) of that Act,

• (c) the restructuring will result in a tenant under a Scottish secure tenancy ceasing to be a tenant of the company in respect of which the order is made, and

• (d) the company is not being wound up and is not in administration.

• (5) The company must comply with sections 115 to 120 (as applied by subsection (6)) in relation to the proposed restructuring.

• (6) Sections 115 to 120 apply in relation to a proposed restructuring to which this subsection applies as they apply in relation to a proposed disposal to which section 107(4) applies, subject to the modification that section 115A(2) has effect as if, for paragraph (b), there were substituted—

(b) before the meeting summoned by the court order under section 901C of the Companies Act 2006 takes place,

115A

• (1) A registered social landlord must, in relation to a proposed disposal—

• (a) conduct a ballot of tenants of houses included in the proposed disposal on the question of whether the tenants wish the disposal to proceed, or

• (b) seek the written agreement of the tenants of houses included in the proposed disposal to the disposal.

• (2) The registered social landlord must—

• (a) as soon as reasonably practicable after the ballot is completed or, as the case may be, the period for the giving of written agreement has expired, and

• (b) before making the disposal,

notify the Regulator of the results of the ballot or, as the case may be, the number of written agreements sought and the number given.

115B

• (1) The Regulator must issue guidance in relation to tenant consultation and approval under sections 115 and 115A.

• (2) Guidance issued under subsection (1) may in particular include guidance as to—

• (a) how notices under section 115(1) and (2) are to be served and the information to be contained in such notices,

• (b) the consideration to be given to timeous representations made in pursuance of a notice served under section 115(1),

• (c) the circumstances in which the approval of tenants under section 115A is to be sought by way of—

• (i) ballot,

• (ii) written agreement,

• (d) how such ballots are to be conducted and how such written agreements are to be sought and given.

• (3) A registered social landlord must, in complying with sections 115 and 115A, have regard to guidance issued by the Regulator under subsection (1).