Skip to content
Law Society of Scotland
Search
Find a Solicitor
Contact us
About us
Sign in
Search
Find a Solicitor
Contact us
About us
Sign in
  • For members

    • For members

    • CPD & Training

    • Membership and fees

    • Rules and guidance

    • Regulation and compliance

    • Journal

    • Business support

    • Career growth

    • Member benefits

    • Professional support

    • Lawscot Wellbeing

    • Lawscot Sustainability

  • News and events

    • News and events

    • Law Society news

    • Blogs & opinions

    • CPD & Training

    • Events

  • Qualifying and education

    • Qualifying and education

    • Qualifying as a Scottish solicitor

    • Career support and advice

    • Our work with schools

    • Funding your education

    • Social mobility

  • Research and policy

    • Research and policy

    • Research

    • Influencing the law and policy

    • Equality and diversity

    • Our international work

    • Legal Services Review

    • Meet the Policy team

  • For the public

    • For the public

    • What solicitors can do for you

    • Making a complaint

    • Client protection

    • Find a Solicitor

    • Frequently asked questions

    • Your Scottish solicitor

  • About us

    • About us

    • Contact us

    • Who we are

    • Our strategy, reports and plans

    • Help and advice

    • Our standards

    • Work with us

    • Our logo and branding

    • Equality and diversity

  1. Home
  2. News and events
  3. Legal news
  4. MSPs back social housing regulator changes

MSPs back social housing regulator changes

1st February 2018 | Housing

 Holyrood's Local Government & Communities Committee has supported the general principles of the Housing (Amendment) (Scotland) Bill in its stage 1 report published today.

The bill is intended to pave the way for the Office for National Statistics to reclassify registered social landlords (RSLs) back to the private sector in the UK national accounts. The ONS recently decided that they should be treated as public bodies because of the degree of control that the Scottish Housing Regulator over the management and constitutional changes of RSLs, but postponed further action to allow the Scottish Government to review the position.

Under the bill the regulator's powers would be reduced with a view to achieving reclassification of RSLs as private bodies. As such, any borrowing undertaken by RSLs would not count against national limits on borrowing.

The bill would:

  • narrow the powers of the regulator to appoint a manager to an RSL, and to remove, suspend and appoint officers;
  • remove the need for the Regulator's consent to: the disposal of land and housing assets by an RSL; any changes to the constitution of an RSL; and the voluntary winding-up, dissolution and restructuring of an RSL, while protecting tenants' rights to be consulted about certain changes;
  • provide ministers with regulation making powers to limit the influence that a local authority has over an RSL.

Most of the changes are achieved through amendments to the Housing (Scotland Act) 2010. The bill also provides regulation-making powers to allow Scottish ministers to reduce or limit powers which local authorities have over RSLs which may also contribute to reclassification.

In its report the committee said it was "broadly content" with its proposals, but outlined some potential issues with the bill for the Government to consider. Convener Bob Doris MSP explained: "Our committee agrees that measures need to be taken to reclassify RSLs as private bodies, and it’s crucial that borrowing and building can continue at pace to ensure that the Scottish Government delivers 50,000 affordable homes.

"While we were broadly content with the bill, and we agree with its general principles, we do recognise that the removal of these consent powers may impact previous safeguards.

"That’s why we seek confirmation from the Scottish Government on how it will work together with the regulator and social housing sector to ensure that there are no negative impacts as a result of this reclassification."

Click here to access the committee's report.

Add To Favorites
Law Society of Scotland
Atria One, 144 Morrison Street
Edinburgh
EH3 8EX
If you’re looking for a solicitor, visit FindaSolicitor.scot
T: +44(0) 131 226 7411
E: lawscot@lawscot.org.uk
About us
  • Contact us
  • Who we are
  • Strategy reports plans
  • Help and advice
  • Our standards
  • Work with us
Useful links
  • Find a Solicitor
  • Sign in
  • CPD & Training
  • Rules and guidance
  • Website terms and conditions
Law Society of Scotland | © 2025
Made by Gecko Agency Limited