Section 62 Removal of officers etc. following inquiriesI1

Scotland

(1)

The Regulator may remove a responsible individual where, having made inquiries, it considers—

F1(a)

that the registered social landlord has failed, or is failing, to comply with—

(i)

a duty imposed by this Act or by any other enactment, or

(ii)

a requirement imposed on the landlord by the Regulator under this Act or any other enactment,

relating to its housing activities or its financial or other affairs,

(d)

that the responsible individual—

(i)

is, during a moratorium under section 75, obstructing the Regulator from performing its functions under Part 7, or

(ii)

is not co-operating in accordance with section 84(2).

(2)

Before removing a responsible individual, the Regulator must give at least 14 days' notice of its intention to do so to—

(a)

the responsible individual, and

(b)

the registered social landlord.

(3)

It is an offence for a removed individual to take any action in relation to the management or control of—

(a)

the registered social landlord concerned, or

(b)

any other registered social landlord,

without the Regulator's consent.

(4)

An individual guilty of such an offence is liable, on summary conviction, to—

(a)

imprisonment for a term not exceeding 3 months,

(b)

a fine not exceeding level 5 on the standard scale, or

(c)

both.

Annotations

F1: S. 62(1)(a) substituted for s. 62(1)(a)-(c) (8.3.2019) by Housing (Amendment) (Scotland) Act 2018 (asp 13), ss. 2(4), 11(2); S.S.I. 2018/253, reg. 2(2) (with reg. 5)

I1: S. 62 in force at 1.4.2012 by S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2)