Back to the Scottish Parliament Business Bulletin No. 132/2010: Thursday 16 September 2010
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Section G – Bills

New amendments to Bills lodged on 10 September 2010

Children’s Hearings (Scotland) Bill – Stage 2

Section 58

Adam Ingram

106 In section 58, page 18, line 24, leave out <the relevant local authority for a child> and insert <a local authority>

Adam Ingram

107 In section 58, page 18, line 25, leave out <the child> and insert <a child in its area>

Adam Ingram

108 In section 58, page 18, line 27, leave out <relevant local authority for a child> and insert <local authority>

Adam Ingram

109 In section 58, page 18, line 29, leave out from <a> to <of> and insert <it might be necessary for a compulsory supervision order to be made in relation to>

Section 59

Adam Ingram

110 In section 59, page 18, line 35, leave out from <a> to <of> and insert <it might be necessary for a compulsory supervision order to be made in relation to>

Section 60

Adam Ingram

111 In section 60, page 19, line 7, leave out <determines> and insert <considers>

Adam Ingram

112 In section 60, page 19, line 8, leave out <applies> and insert <might apply>

Adam Ingram

113 In section 60, page 19, line 14, leave out <ground applies> and insert <of the section 65 grounds the court considers might apply>

Adam Ingram

114 In section 60, page 19, line 15, leave out from <for> to <applies> and insert <why the court considers that the ground might apply>

Section 62

Adam Ingram

115 In section 62, page 20, line 11, leave out from <a> to <of> and insert <it might be necessary for a compulsory supervision order to be made in relation to>

Section 64

Adam Ingram

116 In section 64, page 20, line 25, after <where> insert—

<( )>

Adam Ingram

117 In section 64, page 20, line 33, at end insert <, or

( ) it appears to the Principal Reporter that a child might be in need of protection, guidance, treatment or control.>

Section 65

Adam Ingram

118 In section 65, page 21, line 31, leave out <been convicted of> and insert <committed>

Adam Ingram

119 In section 65, page 22, line 3, leave out <not within> and insert <beyond>

Adam Ingram

120 In section 65, page 22, line 10, at end insert—

<(3A) The Scottish Ministers may by order—

(a) amend subsection (2) by—

(i) adding a ground,

(ii) removing a ground for the time being mentioned in it, or

(iii) amending a ground for the time being mentioned in it, and

(b) make such other amendments of this section as appear to the Scottish Ministers to be necessary or expedient in consequence of provision made under paragraph (a).

(3B) An order under subsection (3A) is subject to the affirmative procedure.>

Section 66

Adam Ingram

121 In section 66, page 22, line 20, leave out from <the> to <child> in line 21 and insert <, having made a determination under section 64(2) in relation to a child, the Principal Reporter considers>

Adam Ingram

122 In section 66, page 22, line 23, leave out from beginning to <is> in line 24 and insert <it is not>

Section 67

Adam Ingram

123 In section 67, page 23, line 17, leave out <the Principal Reporter determines under section 64(2)> and insert <, having made a determination under section 64(2) in relation to a child, the Principal Reporter considers>

Adam Ingram

124 In section 67, page 23, leave out line 18

Adam Ingram

125 In section 67, page 23, line 23, leave out subsections (3) and (4)

Section 68

Adam Ingram

126 Leave out section 68

Section 69

Adam Ingram

127 In section 69, page 24, line 7, leave out <12(1)> and insert <12(1A)>

Adam Ingram

128 In section 69, page 24, line 9, leave out from <for> to <child> in line 10

Adam Ingram

129 In section 69, page 24, line 13, leave out <a section 65 ground> and insert <the section 65 ground specified in the statement given to the Principal Reporter under section 12 of the Antisocial Behaviour etc. (Scotland) Act 2004>

Adam Ingram

130 In section 69, page 24, line 13 at end insert <, and

( ) the sheriff had directed the Principal Reporter under section 113(2) to arrange a children’s hearing.>

Adam Ingram

131 In section 69, page 24, line 14, leave out subsection (3)

Section 70

Adam Ingram

132 In section 70, page 24, line 16, leave out from beginning to <(7)(b)> and insert <This section applies where under section 49>

Adam Ingram

133 In section 70, page 24, line 18, at end insert <, and

( ) a compulsory supervision order is not in force in relation to the child or person whose case is remitted.>

Adam Ingram

134 In section 70, page 24, line 24, leave out <a section 65 ground> and insert <the ground in section 65(2)(j)>

Adam Ingram

135 In section 70, page 24, line 25, at end insert <, and

( ) the sheriff had directed the Principal Reporter under section 113(2) to arrange a children’s hearing.>

Adam Ingram

136 In section 70, page 24, line 26, leave out subsection (4)

Adam Ingram

137 In section 70, page 24, line 27, leave out subsection (5)

Section 72

Adam Ingram

138 In section 72, page 25, line 4, leave out <notice of a children’s hearing is given> and insert <a children’s hearing is, or is to be, arranged in relation>

Adam Ingram

139 In section 72, page 25, line 8, leave out <The> and insert <A>

Adam Ingram

140 In section 72, page 25, line 9, leave out <where> and insert <if the children’s hearing is satisfied that>

Adam Ingram

141 In section 72, page 25, line 10, leave out from <child> to <(c.46)> in line 12 and insert <hearing relates to the ground mentioned in section 65(2)(b), (c), (d) or (g)>

Adam Ingram

142 In section 72, page 25, line 19, leave out from <of> to <considered> in line 20 and insert <given in compliance with section 84(1)>

Section 73

Adam Ingram

143 In section 73, page 25, line 24, leave out from <notice> to end of line 25 and insert <a children’s hearing is, or is to be, arranged in relation to a child.>

Adam Ingram

144 In section 73, page 25, line 26, leave out <The relevant person> and insert <Each relevant person in relation to the child who is notified of the children’s hearing by virtue of rules under section 170>

Adam Ingram

145 In section 73, page 25, line 28, leave out <the relevant person>

Adam Ingram

146 In section 73, page 25, line 29, leave out first <The> and insert <A>

Adam Ingram

147 In section 73, page 25, line 29, leave out second <the> and insert <a>

Adam Ingram

148 In section 73, page 25, line 30, leave out <where> and insert <if the children’s hearing is satisfied that>

Section 78

Adam Ingram

149 In section 78, page 27, line 29, leave out <the individual in question> and insert—

<(i) the individual in question,

(ii) the child,

(iii) a relevant person in relation to the child, or

(iv) a safeguarder appointed in relation to the child by virtue of section 29,>

Adam Ingram

150 In section 78, page 27, leave out lines 32 and 33

Adam Ingram

151 In section 78, page 28, leave out lines 4 to 7 and insert—

<( ) whether it is likely that the children’s hearing will consider making a compulsory supervision order including a secure accommodation authorisation in relation to the child.>

Adam Ingram

152 In section 78, page 28, line 7, at end insert—

<( ) a matter specified in rules under section 170(2)(za).>

Adam Ingram

153 In section 78, page 28, line 7, at end insert—

<( ) For the purposes of subsection (3)(a), the pre-hearing panel may excuse the child from attending the children’s hearing only if—

(a) the pre-hearing panel is satisfied that any of paragraphs (a) to (c) of section 72(3) applies, or

(b) the child may be excused under rules under section 170.

( ) For the purposes of subsection (3)(b), the pre-hearing panel may excuse a relevant person in relation to the child from attending the children’s hearing only if—

(a) the pre-hearing panel is satisfied that section 73(3)(a) or (b) applies, or

(b) the relevant person may be excused under rules under section 170.>

Section 80

Adam Ingram

154 In section 80, page 28, line 29, leave out from first <of> to <(c.47) in line 30>

Adam Ingram

155 In section 80, page 28, line 32, at end insert—

<( ) any pre-hearing panel held in connection with a children’s hearing mentioned in paragraph (a), (b) or (d),>

After section 80

Adam Ingram

156 After section 80, insert—

<Appointment of safeguarder

(1) A pre-hearing panel may appoint a safeguarder for the child to whom the children’s hearing relates.

(2) A pre-hearing panel must record an appointment made under subsection (1).

(3) If a pre-hearing panel appoints a safeguarder, it must give reasons for the decision.

(4) Subsection (1) does not apply where a safeguarder has already been appointed by virtue of this section or section 29.

(5) A safeguarder appointed under this section is to be treated for the purposes of this Act (other than this section) as being appointed by a children’s hearing by virtue of section 29.>

Section 121

Adam Ingram

157 In section 121, page 45, line 23, leave out subsection (4)

Adam Ingram

158 In section 121, page 45, line 26, leave out subsections (5) and (6)

Before section 123

Adam Ingram

159 Before section 123, insert—

<General power of children’s hearing to grant warrant to secure attendance

(1) This section applies where in relation to a child—

(a) a children’s hearing has been or is to be arranged, or

(b) a hearing is to take place under Part 10.

(2) On the application of the Principal Reporter, any children’s hearing may on cause shown grant a warrant to secure the attendance of the child at the children’s hearing or, as the case may be, the hearing under Part 10.>

Section 124

Adam Ingram

160 Leave out section 124

Section 126

Adam Ingram

161 In section 126, page 47, line 1, leave out <12(1)> and insert <12(1A)>

Adam Ingram

162 In section 126, page 47, line 3, leave out from <for> to <already> in line 5 and insert <, and

( ) a compulsory supervision order is>

After section 126

Adam Ingram

163 After section 126, insert—

<Case remitted under section 49 of Criminal Procedure (Scotland) Act 1995

(1) This section applies where, in relation to a child—

(a) a court remits a case under section 49 of the Criminal Procedure (Scotland) Act 1995 to the Principal Reporter to arrange for the disposal of the case by a children’s hearing, and

(b) a compulsory supervision order is in force in relation to the child.

(2) The Principal Reporter must initiate a review of the compulsory supervision order.

(3) A certificate signed by the clerk of the court stating that the child has pled guilty to, or been found guilty of, the offence to which the case relates is conclusive evidence for the purposes of the children’s hearing held for the purposes of reviewing the order that the offence was committed by the child.

(3) This Act applies as if the plea of guilty, or the finding of guilt, were a determination of the sheriff under section 113 that the ground in section 65(2)(j) was established in relation to the child.>

Section 135

Adam Ingram

164 In section 135, page 50, line 21, leave out <124> and insert <72(2), 73(2) or 78>

Section 136

Adam Ingram

165 In section 136, page 50, line 32, leave out subsection (3)

Adam Ingram

166 In section 136, page 50, line 35, leave out subsections (4) and (5)

Section 170

Adam Ingram

167 In section 170, page 69, line 24, at end insert—

<(za) specifying matters that may be determined by pre-hearing panels,>

Section 178

Adam Ingram

168 In section 178, page 75, line 14, at end insert <, and

( ) includes a person deemed to be a relevant person by virtue of section 80(3), 155(4)(b) or 158(6) of that Act.>

Section 184

Adam Ingram

169 In section 184, page 81, line 13, at end insert—

<(5) Subsection (6) applies where a case is remitted to the Principal Reporter under section 49(7)(b) of the Criminal Procedure (Scotland) Act 1995.

(6) For the purposes of the application of this Act to the person whose case is remitted, references in this Act to a child include references to the person until whichever of the following first occurs—

(a) a children’s hearing or the sheriff discharges the referral,

(b) a compulsory supervision order made in respect of the person is terminated, or

(c) the person becomes 18 years of age.>

Schedule 5

Adam Ingram

170 In schedule 5, page 107, line 2, leave out <12(1)> and insert <12>

Adam Ingram

171 In schedule 5, page 107, line 3, leave out from <the> to end of line 7 and insert <subsection (1) substitute—

"(1) This section applies where—

(a) the sheriff makes an antisocial behaviour order or an interim order in respect of a child, and

(b) the sheriff considers that a section 65 ground (other than the ground mentioned in section 65(2)(j)) applies in relation to the child.

(1A) The sheriff may require the Principal Reporter to arrange a children’s hearing.

(1B) The sheriff must give the Principal Reporter a section 12 statement if—

(a) the sheriff makes a requirement under subsection (1A), and

(b) a compulsory supervision order is not in force in relation to the child.

(1C) A section 12 statement is a statement—

(a) specifying which of the section 65 grounds the sheriff considers applies in relation to the child,

(b) setting out the reasons why the sheriff considers the ground applies, and

(c) setting out any other information about the child which appears to the sheriff to be relevant.

(1D) In this section—

"compulsory supervision order" has the meaning given by section 97 of the Children’s Hearings (Scotland) Act 2010,

"section 65 ground" means a ground mentioned in section 65(2) of that Act.">

Housing (Scotland) Bill – Stage 2

Section 8

Alex Neil

1 In section 8, page 3, line 20, leave out <landlord>

Section 16

Alex Neil

2 Leave out section 16

Section 24

Alex Neil

3 In section 24, page 8, line 8, leave out from <and> to <other> in line 26 and insert—

<(b) that a body is established for the purpose of, or has among its objects and powers, the provision, construction, improvement or management of—

(i) houses to be kept available for letting,

(ii) houses for occupation by members of that body, where the rules of that body restrict membership to persons entitled or prospectively entitled (as tenants or otherwise) to occupy a house provided or managed by that body, or

(iii) hostels,

(c) that a body carries out, or intends to carry out, those purposes, objects or powers in Scotland, and

(d) that any additional purposes or objects of a body must be from among the following—

(i) providing land, amenities or services, or providing, constructing, repairing or improving buildings, for its residents (or for its residents and other persons together),

(ii) acquiring, or repairing and improving, or creating by the conversion of houses or other property, houses to be disposed of on sale, on lease, on shared ownership terms or on shared equity terms,

(iii) constructing houses to be disposed of on shared ownership terms or on shared equity terms,

(iv) managing—

(A) houses which are held on leases or other lettings (not being houses falling within subsection (1)(b)(i) or (1)(b)(ii)), or

(B) blocks of flats (a block of flats meaning a building containing two or more flats which are held on leases or other lettings and which are occupied or intended to be occupied wholly or mainly for residential purposes),

(v) providing services of any description for owners or occupiers of houses in—

(A) arranging or carrying out works of maintenance, repair or improvement, or encouraging or facilitating the carrying out of such works,

(B) arranging property insurance,

(vi) encouraging and giving advice on the formation of registered social landlords,

(vii) providing services for, and giving advice on the running of—

(A) registered social landlords, and

(B) other organisations whose activities are not carried on for profit which are concerned with housing or matters connected with housing,

(viii) promoting or improving the economic, social or environmental wellbeing of—

(A) its residents (or its residents and other persons together), or

(B) the area in which the houses or hostels it provides are situated,

(ix) giving financial assistance (by way of grant or loan or otherwise) to persons in order to help them to acquire houses on shared equity terms.

(2A) But a body is not ineligible for registration by reason only that its powers include power—

(a) to acquire commercial premises or businesses as an incidental part of a project or series of projects undertaken for purposes or objects falling within subsection (1)(b) or (1)(d),

(b) to repair, improve or convert any commercial premises acquired as mentioned in paragraph (a) or to carry on for a limited period any business so acquired, or

(c) to repair or improve houses, or buildings in which houses are situated, after the tenants have exercised, or claimed to exercise, rights to purchase under section 61 of the Housing (Scotland) Act 1987 (c.26).

(2B) Ministers may by order—

(a) amend the purposes, objects and powers specified in subsections (1)(d) and (2A),

(b) make such>

Alex Neil

4 In section 24, page 8, line 29, leave out <of that other legal status> and insert <constituted otherwise than as a registered society or registered company>

Alex Neil

5 In section 24, page 8, line 29, at end insert—

<(2C) Before making any order under this section, Ministers must consult—

(a) the Regulator,

(b) tenants of social landlords or their representatives,

(c) social landlords or their representatives, and

(d) secured creditors of registered social landlords or their representatives.

(2D) Any order which restricts or limits purposes or objects in subsection (1)(d) has no effect in relation to a body registered as a social landlord when the order was made.

(2E) In this section—

"letting" includes the grant of a right or permission to occupy,

"residents", in relation to a body, means persons occupying the houses or hostels provided or managed by the body.>

Section 30

Alex Neil

6 In section 30, page 10, line 26, leave out <an industrial and provident> and insert <a registered>

Alex Neil

7 In section 30, page 10, line 32, leave out <an industrial and provident> and insert <a registered>

Section 31

Alex Neil

8 In section 31, page 11, line 5, leave out <objectives ("outcomes")> and insert <outcomes>

Alex Neil

9 In section 31, page 11, line 7, after <those> insert <standards and>

Section 32

Alex Neil

10 In section 32, page 11, line 10, at beginning insert <Standards and>

Alex Neil

11 In section 32, page 11, line 27, after <services> insert <and in reviewing those proposals once formulated>

Alex Neil

12 In section 32, page 11, line 30, after <Different> insert <standards and>

Section 33

Alex Neil

13 In section 33, page 12, line 5, at end insert <, and

( ) the Commission for Equality and Human Rights and such other bodies representing equal opportunities interests as Ministers think fit.>

Section 34

Alex Neil

14 In section 34, page 12, line 18, after <housing services> insert <or the standard of housing activities>

Section 35

Alex Neil

15 In section 35, page 12, line 37, at beginning insert <standards and>

Alex Neil

16 In section 35, page 13, line 2, after <those> insert <standards and>

After section 36

Alex Neil

17 After section 36, insert—

<Financial management or governance targets for registered social landlords

(1) The Regulator may set financial management or governance targets specifying standards of financial management or governance which registered social landlords must aim to achieve by a specified time.

(2) Different financial management or governance targets, or different times, may be set for different registered social landlords or for different cases.

(3) Before issuing, revising or withdrawing a financial management or governance target, the Regulator must consult—

(a) Ministers,

(b) tenants of registered social landlords or their representatives,

(c) registered social landlords or their representatives, and

(d) secured creditors of registered social landlords or their representatives.

This subsection does not apply where—

(i) the financial management or governance target affects only one registered social landlord, or

(ii) the Regulator considers that there is an urgent need to set the financial management or governance target.

(4) The Regulator must make arrangements for bringing a financial management or governance target (and any revision or withdrawal) to the attention of affected registered social landlords.>

Alex Neil

18 After section 36, insert—

<Guidance: financial management or governance targets

(1) The Regulator may issue guidance—

(a) setting out indicators by reference to which it intends to measure progress towards meeting a financial management or governance target,

(b) setting out how it otherwise intends to assess whether a registered social landlord has met, or made progress towards meeting, a financial management or governance target.

(2) Guidance may be given generally or for particular purposes (and different guidance may be issued for different registered social landlords or for different cases).

(3) Before issuing, revising or withdrawing guidance on a financial management or governance target, the Regulator must consult those persons who it was required to consult when issuing or revising the target.

(4) The Regulator must make arrangements for bringing its guidance (and any revision or withdrawal) to the attention of affected registered social landlords.>

Section 38

Alex Neil

19 In section 38, page 14, line 12, after <36> insert <,

( ) any relevant financial management or governance target, and

( ) any relevant guidance issued under section (Guidance: financial management or governance targets)>

Section 39

Alex Neil

20 In section 39, page 14, line 16, after the first <the> insert <standards and>

Alex Neil

21 In section 39, page 14, line 19, after <those> insert <standards and>

Section 42

Alex Neil

22 In section 42, page 16, line 10, after <achieve> insert <a standard or>

Alex Neil

23 In section 42, page 16, line 11, at end insert—

<( ) to meet a financial management or governance target, or>

Section 44

Alex Neil

24 In section 44, page 17, line 18, leave out <social landlords> and insert <—

( ) Ministers,

( ) tenants of social landlords,

( ) social landlords,

( ) secured creditors of registered social landlords, and

( ) the Accounts Commission for Scotland>

Alex Neil

25 In section 44, page 17, line 20, leave out <and> to end of line 21 and insert—

<(4) Where the Regulator publishes a report, it must send a copy of the report to every registered tenant organisation associated with the social landlord which is the subject of the report.>

Section 45

Alex Neil

26 In section 45, page 17, line 28, at the beginning insert <standards and>

Alex Neil

27 In section 45, page 17, line 29, after <targets> insert <, financial management and governance targets>

After section 47

Alex Neil

28 After section 47, insert—

<Social landlords’ involvement of tenants etc. when providing information

(1) The Regulator must issue guidance setting out the extent to which social landlords must seek to involve persons (or representatives of such persons) who are or who may become—

(a) homeless,

(b) tenants of social landlords, or

(c) recipients of housing services provided by social landlords,

in the preparation of information to be given by social landlords to the Regulator.

(2) The Regulator may require a social landlord to provide information on how it has involved such persons (or their representatives) in providing information to which the guidance relates.

(3) Guidance may be given generally or for particular purposes (and different guidance may be issued for different social landlords or for different areas or cases).

(4) Before issuing or revising guidance, the Regulator must consult—

(a) Ministers,

(b) tenants of social landlords or their representatives,

(c) social landlords or their representatives,

(d) secured creditors of registered social landlords or their representatives, and

(e) the Accounts Commission for Scotland.

(5) The Regulator must make arrangements for bringing its guidance (and any revision or withdrawal) tothe attention of affected social landlords.>

Section 52

Alex Neil

29 In section 52, page 20, line 16, after <achieve> insert <a standard or>

Alex Neil

30 In section 52, page 20, line 18, leave out <there> and insert <—

( ) a registered social landlord is, or is at risk of, failing to meet a financial management or governance target, or

( ) there has >

Alex Neil

31 In section 52, page 20, line 24, at end insert—

<( ) The Regulator may require the social landlord to involve in such a way as the Regulator may specify, persons (or representatives of persons) who are or who may become—

(a) homeless,

(b) tenants of the social landlord, or

(c) recipients of housing services provided by the social landlord,

in preparing a performance improvement plan.

( ) The Regulator may require the social landlord to provide information on how it has involved such persons (or their representatives) in the preparation of a performance improvement plan.>

Section 53

Alex Neil

32 In section 53, page 21, line 7, after <achieve> insert <a standard or>

Alex Neil

33 In section 53, page 21, line 10, leave out <there> and insert <—

( ) a registered social landlord is, or is at risk of, failing to meet a financial management or governance target, or

( ) there has>

Section 54

Alex Neil

34 In section 54, page 21, line 32, after <achieve> insert <a standard or>

Section 55

Alex Neil

35 In section 55, page 22, line 15, leave out from <there> to end of line 16 and insert <a registered social landlord is, or is at risk of, failing to meet a financial management or governance target, or>

Section 62

Alex Neil

36 In section 62, page 25, line 17, at end insert—

<( ) where—

(i) the registered social landlord has an insufficient number of officers to be able to appoint an officer under its constitution, and

(ii) the constitution does not provide a mechanism for appointing an officer in such circumstances, or>

Alex Neil

37 In section 62, page 25, line 21, at end insert—

<(2A) The Regulator may require the registered social landlord to purchase and maintain personal indemnity insurance approved by the Regulator for the officer appointed.

"personal indemnity insurance" means insurance designed to indemnify against liability attaching to an individual in connection with any negligence, default, or breach of duty committed in the individual’s capacity as officer but does not include insurance with a provision—

(a) prohibited by section 68A(2) of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10),

(b) prohibited by section 234(3) of the Companies Act 2006 (c.46), or

(c) which would be prohibited if the registered social landlord was a registered company or a charity.>

Section 64

Alex Neil

38 In section 64, page 26, line 26, after <that> insert <a registered social landlord’s viability is in jeopardy for financial or governance reasons or because it cannot provide housing services to an acceptable standard.

( ) In either case the Regulator must also consider that>

Alex Neil

39 In section 64, page 27, line 13, at end insert—

<( ) The Regulator may direct the transfer of assets which the registered social landlord is under a duty to apply in accordance with section 19(1) of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10) only if the Regulator—

(a) consults with the Office of the Scottish Charity Regulator, and

(b) after doing so, considers that the recipient registered social landlord will secure the proper application of those assets for the purposes which were set out in the transferor registered social landlord’s entry in the Scottish Charity Register immediately before its removal from that register.>

Section 77

Alex Neil

40 In section 77, page 31, line 37, leave out <an industrial and provident> and insert <a registered>

Section 79

Alex Neil

41 In section 79, page 32, line 38, leave out <an industrial and provident> and insert <a registered>

Section 84

Alex Neil

42 In section 84, page 34, line 31, leave out <an industrial and provident> and insert <a registered>

Alex Neil

43 In section 84, page 34, line 34, leave out <industrial and provident> and insert <registered>

Alex Neil

44 In section 84, page 34, line 37, leave out <Industrial and Provident Societies> and insert <Co-operative and Community Benefit Societies and Credit Unions>

Alex Neil

45 In section 84, page 35, line 2, leave out <Industrial and Provident Societies> and insert <Co-operative and Community Benefit Societies and Credit Unions>

Alex Neil

46 In section 84, page 35, line 8, leave out <registered must be sent> and insert <must be sent for registration>

Section 91

Alex Neil

47 In section 91, page 36, line 25, leave out from <an> to <provident> in line 26 and insert <a registered>

Alex Neil

48 In section 91, page 36, line 29, leave out from <Industrial> to <Societies> in line 30 and insert <Co-operative and Community Benefit Societies and Credit Unions>

Alex Neil

49 In section 91, page 36, line 31, leave out <Industrial and Provident Societies> and insert <Co-operative and Community Benefit Societies and Credit Unions>

After section 91

Alex Neil

50 After section 91, insert—

<Change of registered company’s articles: supplementary

(1) This section applies where a registered social landlord which is a registered company obtains the Regulator’s consent under section 90 to an amendment of its articles of association.

(2) A copy of the consent must accompany the copy resolution sent to the registrar of companies in accordance with section 30 of the Companies Act 2006 (c.46).>

Section 92

Alex Neil

51 In section 92, page 37, line 4, leave out <an industrial and provident> and insert <a registered>

Alex Neil

52 In section 92, page 37, line 6, at end insert—

<( ) Chapter 2 of Part 9A makes provision for Regulator consent for the purpose of section 93.>

Alex Neil

53 In section 92, page 37, line 7, after <any> insert <other>

Section 93

Alex Neil

54 In section 93, page 37, line 15, leave out from <Industrial> to <Societies> in line 16 and insert <Co-operative and Community Benefit Societies and Credit Unions>

Alex Neil

55 In section 93 page 37, line 17, leave out from <Industrial> to <Societies> in line 18 and insert <Co-operative and Community Benefit Societies and Credit Unions>

Section 94

Alex Neil

56 In section 94, page 37, line 31, leave out <Industrial and Provident Societies> and insert <Co-operative and Community Benefit Societies and Credit Unions>

Section 95

Alex Neil

57 In section 95, page 37, line 35, leave out <Industrial and Provident Societies> and insert <Co-operative and Community Benefit Societies and Credit Unions>

Section 96

Alex Neil

58 In section 96, page 38, line 4, at end insert—

<( ) Chapter 2 of Part 9A makes provision for Regulator consent for the purpose of section 97.>

Alex Neil

59 In section 96, page 38, line 5, after <any> insert <other>

Section 97

Alex Neil

60 In section 97, page 38, line 11, after <made> insert <, and

( ) a copy of the consent accompanies the copy of the order delivered to the registrar of companies in accordance with section 900(6) of the Companies Act 2006 (c.46)>

Section 98

Alex Neil

61 In section 98, page 38, line 17, leave out from <Industrial> to <Societies> in line 18 and insert <Co-operative and Community Benefit Societies and Credit Unions>

Alex Neil

62 In section 98, page 38, line 19, after <passed> insert <, and

( ) a copy of the consent accompanies the resolution sent to the registrar of companies in accordance with section 53(4) of the Co-operative and Community Benefit Societies and Credit Unions Act 1965 (c.12)>

Alex Neil

63 In section 98, page 38, line 20, leave out <industrial and provident> and insert <registered>

Section 100

Alex Neil

64 In section 100, page 38, line 29, after <passed> insert <, and

( ) a copy of the consent accompanies the copy resolution sent to the registrar of companies in accordance with section 30 of the Companies Act 2006 (c.46)>

Section 101

Alex Neil

65 In section 101, page 38, line 33, leave out <an industrial and provident> and insert <a registered>

Section 102

Alex Neil

66 In section 102, page 39, line 8, leave out <an industrial and provident> and insert <a registered>

Alex Neil

67 In section 102, page 39, line 9, leave out <Industrial and Provident Societies> and insert <Co-operative and Community Benefit Societies and Credit Unions>

Alex Neil

68 In section 102, page 39, line 26, at end insert—

<( ) The Regulator may direct the transfer of assets which the registered social landlord is under a duty to apply in accordance with section 19(1) of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10) only if the Regulator—

(a) consults with the Office of the Scottish Charity Regulator, and

(b) after doing so, considers that the recipient registered social landlord will secure the proper application of those assets for the purposes which were set out in the transferor registered social landlord’s entry in the Scottish Charity Register immediately before its removal from that register.>

Alex Neil

69 In section 102, page 39, line 28, leave out <Industrial and Provident Societies> and insert <Co-operative and Community Benefit Societies and Credit Unions>

Section 104

Alex Neil

70 In section 104, page 40, line 16, after <consent> insert <under this Part>

Alex Neil

71 In section 104, page 40, line 25, at end insert—

<( ) made in pursuance of a direction given by the Regulator under section 64 or 102,

( ) for which the Regulator’s consent is required under section 75,

( ) made in implementation of agreed proposals under section 83 or 84,

( ) arising from a restructuring for which the Regulator’s consent is required under Part 8, or>

Section 106

Alex Neil

72 In section 106, page 41, line 24, after <consent> insert <under this Part>

Alex Neil

73 In section 106, page 41, line 25, leave out <Chapter 2 of this Part> and insert <Part 9A>

Section 109

Alex Neil

74 In section 109, page 42, line 9, after <consent> insert <under Part 9>

Alex Neil

75 In section 109, page 42, line 11, at end insert—

<( ) Where this Chapter applies, the special procedure set out in sections 110 to 114A applies to the disposal.>

Alex Neil

76 In section 109, page 42, leave out lines 14 to 16

Section 110

Alex Neil

77 Leave out section 110 and insert—

<Regulator’s initial decision

The Regulator may, having regard to any information available to it —

(a) refuse consent to the disposal, or

(b) direct the registered social landlord to consult with tenants in accordance with section 111.>

Section 111

Alex Neil

78 In section 111, page 42, line 32, leave out from second <to> to <must> in line 33 and insert <must, after a direction given by the Regulator under section 110,>

Alex Neil

79 In section 111, page 43, line 14, leave out from <and> to end of line 18

After section 111

Alex Neil

80 After section 111 insert—

<Regulator’s consent

(1) Following consultation under section 111, the Regulator may—

(a) refuse consent to the disposal,

(b) consent to the disposal, or

(c) consent to the disposal, subject to tenant authorisation.

(2) Tenant authorisation is given when—

(a) the Regulator—

(i) directs the registered social landlord to conduct a ballot under section 113, or

(ii) directs the registered social landlord to seek the written agreement of tenants in accordance with section (Written agreements), and

(b) the outcome is approved by the Regulator under section (Regulator’s approval).

(3) The Regulator when making its decision under subsection (1)—

(a) must have regard to the results of the consultation under section 111, and

(b) may have regard to any other information available to it.

(4) Where the disposal is to a person other than a registered social landlord, the Regulator must not consent unless it is satisfied that a disposal to a registered social landlord is not appropriate.

(5) A consent under this section may be subject to such conditions as the Regulator thinks fit.

(6) Nothing in section (Regulator’s approval) affects the Regulator’s general discretion to refuse consent to a disposal under this section on grounds relating to whether a disposal is supported by tenants.>

Section 112

Alex Neil

81 In section 112, page 43, line 19, leave out from <deciding> to end of line 26 and insert <making its decision under section (Regulator’s consent)—>

Alex Neil

82 In section 112, page 43, line 30, leave out <about the ballot conducted under section 113>

Alex Neil

83 In section 112, page 43, line 32, at end insert—

<( ) direct the registered social landlord concerned—

(i) to carry out further consultation with tenants in addition to that carried out under section 111, and

(ii) to give the Regulator such information about that consultation as it may require.>

Section 113

Alex Neil

84 In section 113, page 43, line 34, leave out from <proposing> to <must> in line 35 and insert <must, where given a direction to do so by the Regulator,>

After section 113

Alex Neil

85 After section 113 insert—

<Written agreements

(1) A registered social landlord must, where given a direction to do so by the Regulator, seek the written agreement to the disposal from tenants of houses included in the proposed disposal.

(2) The registered social landlord must provide the Regulator with information about every written agreement sought.>

Section 114

Alex Neil

86 In section 114, page 44, line 11, leave out <the> and insert <any>

Alex Neil

87 In section 114, page 44, line 11, at end insert <, and

( ) where directed to seek the written agreement of tenants under section (Written agreements), need not seek the agreement of an unaffected tenant.>

Alex Neil

88 In section 114, page 44, line 13, after <tenant> insert <from the ballot or does not seek the tenant’s written consent,>

Alex Neil

89 In section 114, page 44, line 13, leave out <consent to the disposal> and insert <give approval under section (Regulator’s approval)>

After section 114

Alex Neil

90 After section 114, insert—

<Regulator’s approval

(1) Where a direction is made under section (Regulator’s consent)(1)(c), the Regulator must—

(a) approve the disposal if satisfied—

(i) that a majority of tenants voting in a ballot conducted under section 113 wish the disposal to proceed, or as the case may be

(ii) that the landlord has obtained the written agreement of a majority of the tenants whose written agreement the landlord was required to seek under section (Written agreements), or

(b) if not so satisfied, withdraw the conditional consent it gave under section (Regulator’s consent)(1)(c).

(2) The Regulator may, before making its decision under this section, require the registered social landlord concerned to provide information about—

(a) the ballot conducted under section 113, or

(b) the written agreements sought under section (Written agreements).>

After section 115

Alex Neil

91 After section 115, insert—

<Chapter 2

RESTRUCTURING OF A REGISTERED SOCIAL LANDLORD

Restructuring resulting in change of landlord

(1) This Chapter applies to a restructuring by a registered social landlord—

(a) in relation to which the Regulator’s consent is required under section 93 or 97, and

(b) as a result of which a tenant under a Scottish secure tenancy will cease to be a tenant of the registered social landlord proposing the restructuring.

(2) Despite subsection (1), this Chapter does not apply where—

(a) a registered society converts into a company in accordance with section 52 of the Co-operative and Community Benefit Societies and Credit Unions Act 1965, or

(b) the registered social landlord in respect of which a court order is made under section 899 or 900 of the Companies Act 2006 (c.46) is being wound up or is in administration.

(3) The special procedure set out in sections 110 to (Regulator’s approval) of Chapter 1 applies in relation to a restructuring to which this Chapter applies as it applies in relation to a disposal to which Chapter 1 applies.>

Alex Neil

92 After section 115, insert—

<Purchaser protection

Failure by the Regulator or by a registered social landlord to comply with any provision of sections 110 to 115 of Chapter 1 in relation to a restructuring does not invalidate the Regulator’s consent to the restructuring.>

After section 127

Alex Neil

93 After section 127, insert—

<Part

CHARITABLE REGISTERED SOCIAL LANDLORDS

Charitable registered social landlords

(1) In this section—

"charitable registered social landlord" means a registered social landlord which is entered in the Scottish Charity Register, and

"OSCR" means the Office of the Scottish Charity Regulator.

(2) The Regulator and OSCR must, in pursuance of section 18 of this Act and section 20 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10), together make arrangements with a view to—

(a) securing the exchange of information between them about charitable registered social landlords,

(b) securing the co-ordination of any activities they carry on in exercising functions in relation to charitable registered social landlords, and

(c) preventing any unnecessary duplication in relation to any inquiries made, or to be made, by them in relation to charitable registered social landlords.

(3) The Regulator and OSCR—

(a) must set out the arrangements in a memorandum,

(b) must keep the memorandum under review, and

(c) may from time to time revise or replace the memorandum.

(4) The Regulator and OSCR must take such steps as they think fit to publicise the memorandum (and any revision or replacement).>

Section 128

Alex Neil

94 In section 128, page 50, line 5, leave out second <Act>

Section 130

Alex Neil

95 In section 130, page 51, line 5, leave out second <Act>

Alex Neil

96 In section 130, page 51, line 28, leave out second <Act>

Section 131

Alex Neil

97 In section 131, page 52, line 8, leave out <1987 Act> and insert <Act 1987>

Alex Neil

98 In section 131, page 52, line 34, after <(1)> insert <—

(i) where the landlord acquired the new supply social house from the tenant, at least 7 days before the missives for that acquisition were concluded; or

(ii) in any other case,>

Alex Neil

99 In section 131, page 52, line 37, leave out from second <house> to <before> in line 40 and insert <house let under a Scottish secure tenancy created on or after the relevant day which—

(a) was not let under a Scottish secure tenancy on or before 25 June 2008; or

(b) was acquired by the landlord on or after>

After section 131

Alex Neil

100 After section 131, insert—

<Limitation on right to buy: police housing

(1) After section 69 of the Housing (Scotland) Act 1987 (c.26) insert—

"69A Power to refuse to sell houses required for police purposes

(1) Subsection (2) applies where—

(a) an application to purchase is served on a local authority landlord in relation to a house which it holds for the purposes of a police force (within the meaning of the Police (Scotland) Act 1967 (c.77)); and

(b) the tenant would, apart from this section, have a right under section 61 to purchase the house.

(2) The landlord may, within one month of service of the application to purchase, serve a notice of refusal on the tenant.

(3) In determining whether to serve a notice of refusal under subsection (2), the landlord must have regard to—

(a) the likely impact which the proposed purchase would have on police operations and resources; and

(b) any representations by the tenant which indicate special reasons for wishing to purchase the house.

(4) The landlord must, in particular, consider—

(a) whether the policing needs of the area in which the house is situated are such that it would be desirable for the house to be occupied by a constable;

(b) whether it is likely to be able reasonably to provide other suitable accommodation for a constable in that area;

(c) whether it is likely that a constable may need to be accommodated in that area at short notice;

(d) any representations by the tenant about—

(i) the tenant’s state of health; or

(ii) family associations or other special circumstances by reason of which the tenant has a local connection to that area.

(5) A refusal by the landlord under subsection (2) shall contain sufficient information to demonstrate that it has had regard to the matters mentioned in subsection (3).".

(2) In section 338(1) of the Housing (Scotland) Act 1987 (c.26), after the definition of "local authority" insert—

""local authority landlord" has the same meaning as in the Housing (Scotland) Act 2001 (asp 10);".

Section 142

Alex Neil

101 Leave out section 142 and insert—

<Tenant protection: orders for possession against landlord

(1) After section 5A(8) of the Heritable Securities (Scotland) Act 1894 (c.44) insert—

"(9) For the avoidance of doubt, a decree granted on an application to which this section applies is not an order for possession of a house let on an assured tenancy (within the meaning of Part II of the Housing (Scotland) Act 1988 (c.43)).".

(2) After section 24(9) of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35) insert—

"(10) For the avoidance of doubt, a decree granted on an application under subsection (1B) above is not an order for possession of a house let on an assured tenancy (within the meaning of Part II of the Housing (Scotland) Act 1988 (c.43)).".

(3) After section 216(2) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) insert—

"(2A) Subsection (2) does not apply to an occupant with an assured tenancy (within the meaning of Part II of the Housing (Scotland) Act 1988 (c.43)) or any effects of that occupant where the decree for removing from heritable property was granted on an application—

(a) to which section 5A of the Heritable Securities (Scotland) Act 1894 (c.44) applies; or

(b) under section 24(1B) of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35).".>

After section 142

Alex Neil

102 After section 142, insert—

<Tenant protection: repossession orders

The Housing (Scotland) Act 2001 (asp 10) is amended as follows—

(a) in section 16, after subsection (5) insert—

"(5A) Where an order is made under subsection (2) in proceedings under section 14 on the ground that rent lawfully due from the tenant has not been paid (as set out in paragraph 1 of schedule 2)—

(a) subsection (5)(a) does not apply,

(b) the tenancy is terminated only if the landlord recovers possession of the house in pursuance of the order,

(c) the order must specify the period for which the landlord’s right to recover possession of the house is to have effect (being no longer than any maximum period which the Scottish Ministers by order prescribe), and

(d) the landlord must have regard to any guidance issued by the Scottish Ministers about recovery of possession in pursuance of the order.

(5B) Before making an order under subsection (5A)(c) or issuing guidance under subsection (5A)(d), the Scottish Ministers must consult—

(a) such bodies representing local authorities,

(b) such registered social landlords or bodies representing them,

(c) such bodies representing tenants’ interests, and

(d) such other persons,

as they think fit.",

(b) in section 109(6), after second "section" insert "16(5A)(c) or". >

Alex Neil

103 After section 142, insert—

<Police accommodation not to be Scottish secure tenancy

In paragraph 2 of schedule 1 to the Housing (Scotland) Act 2001 (asp 10)—

(a) sub-paragraph (a) is repealed,

(b) in sub-paragraph (c), for the words "a police force or" substitute "an",

(c) at the end of the paragraph insert—

"(2) A tenancy is not a Scottish secure tenancy if the landlord is a local authority landlord and—

(a) the house occupied by the tenant is held by the landlord for the purposes of a police force, or

(b) the tenant is let the house expressly on a temporary basis pending its being required for the purposes of a police force.

(3) Sub-paragraph (2)(a) does not prevent a tenancy from being a Scottish secure tenancy if—

(a) the tenancy was created before the relevant day,

(b) the tenant moved to the house in pursuance of—

(i) an order for recovery of possession made under section 16(2) of the Housing (Scotland) Act 2001 (asp 10), on any of the grounds set out in paragraphs 9 to 13 and 15 of schedule 2 to that Act, in respect of a house subject to a Scottish secure tenancy created before the relevant day, or

(ii) the operation of section 19(3)(b), 21(3)(b) or 22(6) of that Act following termination of a Scottish secure tenancy created before the relevant day,

(c) the tenant moved to the house from a house subject to a Scottish secure tenancy created before the relevant day in pursuance of a decision by the landlord to demolish that other house as a result of which—

(i) the tenancy of that other house was terminated by written agreement between the landlord and the tenant, and

(ii) the house was made available to the tenant,

(d) the tenant occupied the house immediately before the relevant day under a short Scottish secure tenancy which has, since that day, been converted into a Scottish secure tenancy under section 37, or

(e) the tenant—

(i) occupied the house (or any other house held by the landlord for the purposes of a police force) under a Scottish secure tenancy immediately before the creation of the tenancy, and

(ii) agreed to terminate that Scottish secure tenancy without having been notified by the landlord of the effect of sub-paragraph (2)(a) at least 28 days before so agreeing.

(4) In this paragraph—

"police force" has the same meaning as in the Police (Scotland) Act 1967 (c.77),

"relevant day" means the day on which section (Police accommodation not to be Scottish secure tenancy) of the Housing (Scotland) Act 2010 (asp 00) comes into force.".>

Section 146

Alex Neil

104 In section 146, page 61, line 14, at end insert—

<(za) in the case of an order made under section 151(2) (commencement orders), such transitional, transitory or saving provision as Ministers consider appropriate,

(a) in the case of any other order,>

Alex Neil

105 In section 146, page 61, line 24, leave out <24(1)> and insert <24(3)(b)>

Schedule 2

Alex Neil

106 In schedule 2, page 67, line 24, leave out from <Friendly> to <Societies> in line 25 and insert <Co-operative and Community Benefit Societies and Credit Unions>

Alex Neil

107 In schedule 2, page 68, line 25, leave out <83> and insert <82>

Alex Neil

108 In schedule 2, page 69, line 23, leave out <Section 38 of>

Alex Neil

109 In schedule 2, page 69, line 24, at end insert—

<( ) In section 19, after subsection (4) insert—

"(4A) OSCR must consult the Scottish Housing Regulator before making an application under subsection (4) in relation to a registered social landlord (within the meaning of the Housing (Scotland) Act 2010 (asp 00))."

( ) In section 38—>

Alex Neil

110 In schedule 2, page 69, leave out line 25 and insert—

<( ) subsection (1) is repealed,

( ) in subsection (2), for "functions referred to in subsection (1)" substitute "OSCR’s functions under sections 28 to 35 (other than section 30) and section 70A",>

Alex Neil

111 In schedule 2, page 69, leave out lines 28 and 29 and insert—

<( ) subsection (12) is repealed.>

Alex Neil

112 In schedule 2, page 69, line 33, at end insert—

<Public Services Reform (Scotland) Act 2010 (asp 8)

14 (1) The Public Services Reform (Scotland) Act 2010 is amended as follows.

(2) In section 115(6), after the entry relating to the Mental Welfare Commission for Scotland insert—

"Scottish Housing Regulator,".

(3) In schedule 19 (persons subject to user focus duty), after the entry relating to the Office of the Scottish Charity Regulator insert—

"Scottish Housing Regulator".

(4) In schedule 20 (persons subject to duty of co-operation), after the entry relating to the Mental Welfare Commission for Scotland insert—

"Scottish Housing Regulator".>

Section 149

Alex Neil

113 In section 149, page 62, line 16, leave out <Friendly and Industrial Provident Societies> and insert <Co-operative and Community Benefit Societies and Credit Unions>

Section 150

Alex Neil

114 In section 150, page 62, line 24, at end insert—

<"body" includes a body of persons corporate or unincorporated and a partnership constituted under the law of Scotland,>

Alex Neil

115 In section 150, page 62, line 30, leave out <an industrial and provident> and insert <a registered>

Alex Neil

116 In section 150, page 63, line 3, at end insert—

<"financial management or governance target" has the meaning given by section (Financial management or governance targets for registered social landlords),>

Alex Neil

117 In section 150, page 63, leave out lines 19 and 20

Alex Neil

118 In section 150, page 63, line 37, leave out from <an> to <provident> in line 38 and insert <a registered>

Alex Neil

119 In section 150, page 64, leave out line 1

Alex Neil

120 In section 150, page 64, line 5, at end insert—

<"personal indemnity insurance" has the meaning given by section 62(2A),>

Alex Neil

121 In section 150, page 64, line 10, at end insert—

<"registered society" means a society registered under the Co-operative and Community Benefit Societies and Credit Unions Act 1965 (c.12),>

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