The Regulation of Social Housing (Influence of Local Authorities) (Scotland) Regulations 2018
| Jurisdiction | Scotland |
| Citation | SSI 2018/278 |
| Year | 2018 |
2018 No. 278
Housing
The Regulation of Social Housing (Influence of Local Authorities) (Scotland) Regulations 2018
Made 18th September 2018
Coming into force 19th September 2018
The Scottish Ministers make the following Regulations in exercise of the power conferred by section 9 of the Housing (Amendment) (Scotland) Act 20181and all other powers enabling them to do so.
In accordance with section 9(6) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation, commencement and application
1.—(1) These Regulations may be cited as the Regulation of Social Housing (Influence of Local Authorities) (Scotland) Regulations 2018 and come into force on the day after the day on which they are made.
(2) These Regulations apply notwithstanding any inconsistent provision either in a contractual arrangement to which a registered social landlord is a party or in a registered social landlord’s constitution2.
Interpretation
2. In these Regulations—
“appointed day” is 8th March 2019; and
“local authority officer” means an officer appointed to the governing body of a registered social landlord by a local authority3.
Officers of registered social landlords
3.—(1) The percentage of officers of a registered social landlord who are local authority officers may not, on and after the appointed day, exceed 24% of the total number of officers.
(2) Any appointment of a new local authority officer which would result in that percentage being exceeded on and after the appointed day is of no effect.
(3) The registered social landlord must remove a sufficient number of local authority officers to secure that the requirement in paragraph (1) is complied with.
(4) The local authority must nominate the local authority officers who are to be removed under paragraph (3); but if it fails to notify the registered social landlord of the nomination before the appointed day, the officers of the registered social landlord who are not local authority officers must select by majority vote the persons who are to be removed.
Further provision in relation to officers
4. Any provision in a constitution of a registered social landlord that requires one or more local authority officers to be present in order for a meeting to be quorate has no effect on and after the appointed day.
Voting rights of local authority
5.—(1) On and after the appointed day a local authority may not hold or exercise any local authority voting rights in relation to a registered social landlord.
(2) Where the constitution of a registered social landlord provides for local authority voting rights, that landlord must by the appointed day amend that constitution...
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