Part 5Regulatory intervention
Introductory
52Regulatory intervention
Regulatory intervention may consist of any combination of the Regulator—
a
requiring submission of a performance improvement plan (see section 55),
b
serving an enforcement notice (see section 56),
c
appointing, or requiring the appointment of, a manager (see sections 57 and 58),
d
removing, suspending or appointing a registered social landlord’s officers or agents (see sections 60 to 65),
e
acting to protect a registered social landlord’s assets (see sections 66 and 67).
53Exercise of regulatory intervention powers
1
This section applies where the Regulator is deciding—
a
whether to make a regulatory intervention,
b
which regulatory intervention to make, or
c
how to make a regulatory intervention.
2
The Regulator must consider—
a
the desirability of social landlords being free to choose how to provide housing services and manage their financial and other affairs,
b
the speed with which the failure or other problem needs to be dealt with, and
c
its code of practice issued under section 54.
54Code of practice: regulatory intervention
1
The Regulator must issue a code of practice on regulatory interventions setting out how it intends to make decisions referred to in section 53(1).
2
The code of practice may, in particular, set out examples of situations in which it may make a regulatory intervention.
3
The code of practice must be kept under review and must be re-issued (with any revisions which the Regulator thinks appropriate) at least once every 5 years.
4
Before issuing a code of practice, the Regulator must consult—
a
Ministers,
b
tenants of social landlords or their representatives,
c
homeless persons or bodies representing the interests of homeless persons,
d
recipients of housing services provided by social landlords or their representatives,
e
social landlords or their representatives,
f
secured creditors of registered social landlords or their representatives, and
g
the Accounts Commission for Scotland.
5
The Regulator must make arrangements for bringing the issued code of practice to the attention of social landlords.