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.