Schedule 2 – Minor and Consequential Amendments
273.Schedule 2 provides for minor and consequential amendments and is introduced by section 103.
274.The amendments in paragraphs 4 and 10 include the new short Scottish secure tenancy at paragraph 2A of schedule 6 to the Housing (Scotland) Act 2001 in the list of accommodation considered to be permanent accommodation for the purposes of a discharge of a social landlord’s homelessness duties.
275.The amendments in paragraphs 12 and 13 reflect a change in the status of the Scottish Housing Regulator, which is now a non-ministerial office holder in the Scottish Administration. These changes do not alter the position of the Regulator being subject to the Scottish Public Services Ombudsman Act 2002 and the Freedom of Information (Scotland) Act 2002.
276.The amendment in paragraph 18(4) removes the requirement for a registered social landlord to consult its tenants before it grants a standard security over existing houses in order to raise finance. The effect of the amendment is to recreate the position that had previously applied under section 68 of the Housing (Scotland) Act 2001 by requiring registered social landlords to consult their tenants only where they are proposing a disposal of land that requires the consent of the Scottish Housing Regulator (other than disposals to which the special procedure in Part 10 of the 2010 Act applies - disposals and restructuring which result in a change of landlord, or disposals by way of security of loan).