bto solicitors - Corporate & Commercial Business Lawyers Glasgow Edinburgh Scotland

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Council Involvement with RSLs

01 November 2018

  • For more information:
  • Senior Associate
  • T: 0141 221 8012

As has been widely publicised, the Office for National Statistics agreed that from 19 September 2018, for the purposes of statistical classification, RSLs are “private non-financial corporations”.

This is due, in large part, to forthcoming changes to the powers of the Scottish Housing Regulator.

However, other relevant changes are made in the Regulation of Social Housing (Influence of Local Authorities) (Scotland) Regulations 2018 which restrict how a Council can be involved in any Registered Social Landlord (RSL).

How will Council involvement change for you?

From 8 March 2019:

  • Where there are Council appointees on an RSL Board/Committee, their number must not exceed 24% of the Board/ Committee.
  • Any required attendance of a Council appointee to make a quorum has no effect.
  • A Council may not hold, or exercise, any voting rights as a member of an RSL.
  • Where an RSL has Council appointees on its Board/Committee, a vote requiring “over 75%” of the Board votes to pass will only require “at least 75%” instead.
  • Where an RSL requires Council consent to a Rule change, that requirement has no effect.

Marion Davis
    Marion Davis, Senior Associate

Contact: Marion Davis Senior Associate E: mda@bto.co.uk T. 0141 221 8012

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