| Guvnor

Enforced by: Scottish Housing Regulator
Status: Amended (in force with amendments)
Penalty ceiling: Prosecution 3 of 29 obligations carry an unlimited fine. 26 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Landlord15 Any Person6 Trader5 Director or Officer1

Plus 2 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Landlord — also bound by 238 other Acts

Renting Homes (Wales) Act 2016 74 duties

Housing Act 1985 55 duties

Housing Act 1996 30 duties

The Service Charges (Consultation Requirements) (England) Regulations 2003 27 duties

The Service Charges (Consultation Requirements) (Wales) Regulations 2004 26 duties

Any Person — also bound by 2684 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Trader — also bound by 864 other Acts

Value Added Tax Regulations 1995 416 duties

Companies Act 2006 244 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 133 duties

Companies Act 1985 85 duties

Insolvency (England and Wales) Rules 2016 62 duties

Director or Officer — also bound by 482 other Acts

Insolvency (England and Wales) Rules 2016 162 duties

Companies Act 2006 126 duties

Insolvency Act 1986 77 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 68 duties

Building Societies Act 1986 32 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.045 Exceptional audit Prosecution

Obstruct a regulator-appointed auditorAny Person

Unlimited fine

s.059 Appointment of manager: supplementary Regulated

Social landlord must pay manager’s remuneration and expensesLandlord

s.061 Suspension of officers etc. during or following inquiries Prosecution

Act while suspended without regulator consentLandlord

Unlimited fine

s.066 Restrictions on dealings during or following inquiries Prosecution

Fail to comply with Regulator's restriction directionAny Person

Unlimited fine

s.069 Compliance with accounting requirements Regulated

Registered social landlords must prepare accounts that comply with regulator's rulesLandlord

s.070 Delivery of accounts and audit Regulated

Provide accounts and auditor's report to the Regulator within 6 monthsLandlord

s.073 Notification of step towards insolvency etc. Regulated

Notify the Regulator before and after insolvency steps or security enforcementAny Person

s.078 Effect of moratorium Regulated

Do not dispose of land during a moratorium without Regulator's consentLandlord

s.079 Interim manager Regulated

Appoint an interim manager if the Regulator requires it during a moratoriumLandlord

s.085 Appointment of manager to implement proposals Regulated

Other duties (1) — Crown / regulator

Regulator must appoint a manager to implement agreed proposalsStatutory regulator

s.086 Manager: powers Regulated

Manager must consult tenants before taking action affecting themAny Person

s.087 Manager of registered society: extra powers Regulated

Manager must send amalgamation/transfer instruments to FCA within 14 daysDirector or Officer

s.092 Change of name, office or constitution Regulated

Notify the Regulator of changes to name, office or constitution within 28 daysLandlord

s.096 Proposed restructuring of society Regulated

Follow restructuring consultation and information process under sections 115-120Landlord

s.097 Restructuring of society Regulated

Confirm tenant support to FCA and notify Regulator of restructuringAny Person

s.098 Voluntary winding up of society Regulated

Consult tenants and notify regulators before voluntary winding upAny Person

s.099 Dissolution of society Regulated

Consult tenants and notify the Scottish Housing Regulator when dissolving your societyLandlord

s.100 Restructuring by company: proposed restructuring Regulated

Follow tenant consultation process before restructuring that ends Scottish secure tenancyTrader

s.101 Restructuring of company Regulated

Confirm tenant support and notify registrar and regulator of company restructuringTrader

s.102 Conversion of company into a registered society Regulated

Consult tenants and notify Regulator of planned company conversionTrader

s.103 Company voluntary arrangement Regulated

Consult tenants and notify regulator about a company voluntary arrangementTrader

s.104 Voluntary winding up of company Regulated

Consult tenants and notify regulator before voluntary winding upTrader

s.104 Registered social landlord becoming a subsidiary of another body Regulated

Get tenant consent before becoming a subsidiary of another bodyLandlord

s.109 Notification of disposals Regulated

Notify Regulator of any land or asset disposalLandlord

s.110 Tenant consultation where no change of landlord Regulated

Consult tenants and inform regulator before disposing of housing landLandlord

s.115 Consultation with tenants Regulated

Consult tenants before disposing of housingLandlord

s.115 Tenant approval Regulated

Get tenant approval before disposing of housingLandlord

s.115 Guidance Regulated

Other duties (1) — Crown / regulator

Scottish Housing Regulator must issue guidance on tenant consultation and approvalStatutory regulator

s.120 Unaffected tenants Regulated

Confirm unaffected tenants have vacated when notifying the RegulatorLandlord

145 other provisions — procedural and definitional

s.001 The Scottish Housing Regulator

s.002 The Regulator's objective

s.003 The Regulator's functions

s.004 Statement on performance of functions

s.005 Involvement of representative bodies

s.006 Involvement of the Accounts Commission

s.007 Independence from Ministers

s.008 The Regulator's membership

s.009 Disqualification and removal from office

s.010 Members' expenses

s.011 Chairing

s.012 The Regulator's proceedings

s.013 The Regulator's chief executive

s.014 The Regulator's other staff and property

s.015 The Regulator's general powers

s.016 Delegation of powers

s.017 Studies

s.018 Co-operation with other regulators

s.019 Annual reports

s.020 Registered social landlords

s.021 Population of the register

s.022 Application

s.023 Entry in the register

s.024 Legislative registration criteria

s.025 Regulatory registration criteria

s.026 Guidance on registration criteria

s.027 Compulsory de-registration

s.028 Voluntary de-registration

s.029 Appeal against decision on registration or removal

s.030 Communication with other regulators

s.031 Scottish Social Housing Charter

s.032 Standards and outcomes

s.033 Scottish Social Housing Charter: supplemental

s.034 Performance improvement targets

s.035 Guidance: housing activities

s.036 Code of conduct: governance and financial accountability

s.037 Financial management or governance targets for registered social landlords

s.038 Guidance: financial management or governance targets

s.039 Encouragement of equal opportunities

s.040 Assessment of social landlords

s.041 Performance reports

s.042 Inquiries about social landlords

s.043 Inquiries: general powers

s.044 Inquiries: survey powers

s.046 Reports on inquiries

s.047 Information from tenants on significant performance failures

s.048 Power to obtain information

s.049 Failure to provide information

s.050 Social landlords' involvement of tenants etc. when providing information

s.051 Code of practice: inquiries

s.052 Regulatory intervention

s.053 Exercise of regulatory intervention powers

s.054 Code of practice: regulatory intervention

s.055 Performance improvement plans

s.056 Enforcement notices

s.057 Appointment of manager for housing activities

s.058 Appointment of manager for financial or other affairs

s.060 General power to remove officers

s.062 Removal of officers etc. following inquiries

s.063 Responsible individuals

s.064 Appeals against suspension or removal

s.065 Appointment of new officers

s.067 Transfer of assets following inquiries

s.068 Determination of accounting requirements

s.071 Failure to deliver compliant accounts

s.072 Disclosure of information

s.074 Effect of failure to notify

s.075 Moratorium

s.076 Period of moratorium

s.077 Further moratorium

s.080 Proposals: formulation

s.081 Proposals: submission

s.082 Proposals: agreement

s.083 Modifying proposals

s.084 Implementation of agreed proposals

s.088 Regulator assistance

s.089 Failure by manager to implement agreed proposals

s.090 Other failure to implement agreed proposals

s.091 Meaning of “land”

s.093 Change of constitution

s.094 Registered society's rules: supplementary

s.095 Change of registered company's articles: supplementary

s.096 Restructuring, winding up and dissolution of registered societies

s.100 Restructuring and winding up of companies

s.105 Regulator's power to petition for winding up

s.106 Asset transfer on dissolution or winding up

s.107 Restrictions on power to dispose of land

s.108 Disposals not subject to section 107

s.111 Effect of disposals in breach of section 107

s.112 De-registered bodies

s.113 Disposals resulting in change of landlord

s.114 Regulator's initial decision

s.116 Regulator's consent

s.117 Further information

s.118 Ballot

s.119 Written agreements

s.121 Regulator's approval

s.122 Purchaser protection

s.123 Restructuring resulting in change of landlord

s.124 Purchaser protection

s.124 Regulator's consent

s.124 Purchaser protection

s.125 Right to acquire certain houses from local authority landlords

s.126 Approved persons

s.127 Eligible houses

s.128 Application to acquire eligible house

s.129 Offer to sell

s.130 Market value of eligible house

s.131 Sale conditions

s.132 Acceptance of an offer to sell

s.133 Refusal of application

s.134 Reference to Lands Tribunal

s.135 Consent for subsequent disposals

s.136 Extension of time periods

s.137 Charitable registered social landlords

s.138 Residential restriction on a long lease

s.139 Heritable security redemption right

s.140 Re-accommodated persons: protection of right to buy

s.141 Limitation on right to buy: new tenants

s.142 Pressured areas: amendments

s.143 Limitation on right to buy: new supply social housing

s.144 Limitation on right to buy: police housing

s.145 Duty to collect and publish information: local authority housing stock

s.146 Duty to collect and publish information: tenants eligible for right to buy

s.147 Duty to collect and publish information: sale of houses by registered social landlords

s.148 Introductory

s.149 s.149

s.150 Recovery of expenses

s.151 Scheme of assistance: demolition works

s.152 Tenant protection: orders for possession against landlord

s.153 Tenant protection: repossession orders

s.154 Police accommodation not to be Scottish secure tenancy

s.155 Scottish secure tenancy: rent arrears pre-action requirements

s.156 Local authority duties on homelessness: armed forces

s.157 Vacant dwellings: use of information obtained for council tax purposes

s.158 Housing support: persons found to be homeless or threatened with homelessness

s.159 Offences by bodies corporate etc.

s.160 Formal communications

s.161 Orders

s.162 Minor and consequential amendments and repeals

s.163 Ancillary provision

s.164 Connected bodies

s.165 Interpretation

s.166 Commencement

s.167 Short title

Schedules

0 of 17 shown

17 other schedules

s.sch001 (1) All staff, other than excepted staff, employed immediately before...

s.sch001 (1) Ministers may by order provide for the transfer to...

s.sch002 In section 4A(3)(ba) (societies which cannot disapply section 4) of...

s.sch002 In the Public Appointments and Public Bodies etc. (Scotland) Act...

s.sch002 In the definition of “registered social landlord” in section 143(2)...

s.sch002 In section 22(5) of the Further and Higher Education (Scotland)...

s.sch002 (1) The Charities and Trustee Investment (Scotland) Act 2005 is...

s.sch002 In section 22(4)(b) (application to private rented housing panel) of...

s.sch002 (1) The Public Services Reform (Scotland) Act 2010 is amended...

s.sch002 In section 21 (provisions for contracting out to be void)...

s.sch002 (1) The Housing (Scotland) Act 1987 is amended as follows....

s.sch002 (1) The Housing (Scotland) Act 1988 is amended as follows....

s.sch002 In section 52(10) (recovery etc. of grants) of the Housing...

s.sch002 In the Ethical Standards in Public Life etc. (Scotland) Act...

s.sch002 (1) The Housing (Scotland) Act 2001 is amended as follows....

s.sch002 In the Scottish Public Services Ombudsman Act 2002, in schedule...

s.sch002 In the Freedom of Information (Scotland) Act 2002, in schedule...

Help complying

Guvnor’s practical routes through this instrument.

1 more guide that reference this instrument

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Housing (Scotland) Act 2010

Does it bind you?

Other Acts binding the same actors

What it requires

Schedules

Help complying