To ask the Scottish Executive what Glasgow Housing Association’s conditions of registration with Communities Scotland are in relation to local management arrangements, local housing organisations, interim management agreements and the development of a full management agreement and what action is available to Communities Scotland in the event of any breach of these conditions.
I have asked Angiolina Foster, Chief Executive of Communities Scotland, to respond. Her response is as follows:
Communities Scotland, as regulator, is responsible for determining the specific conditions to be attached to the registration of any registered social landlord (RSL). Communities Scotland set the following registration conditions for Glasgow Housing Association (GHA):
GHA must demonstrate how it will, over an appropriate period of time, fulfil all promises and commitments made to tenants in Stage 1 and Stage 2 Notices and contained in the transfer agreement;
GHA must advise Communities Scotland of any inability to meet promises or commitments made to tenants, failure to meet terms of the Transfer Agreement, or material changes required to its business plan or funding arrangements;
GHA will produce an interim Management Agreement by 17 April 2003 and thereafter, within 18 to 24 months of transfer, a final management agreement which maximises the opportunity for LHO involvement and allows decentralisation of decision-making;
GHA establishes mechanisms for allocating resources to LHOs for management, investment and operating costs by 31 March 2003;
GHA actively promotes and supports establishing a registered LHO network within six months of the date of transfer including producing an accommodation strategy and an ICT strategy;
GHA delivers a permanent staffing strategy by 31 March 2003 that allows LHOs to demonstrate independence from GHA and achieve registration, and
The regulator agreed a regulation workplan with GHA to monitor progress in meeting these conditions and has agreed changes to the timescales where appropriate.
GHA received legal advice that EU procurement rules made the current arrangements with LHOs for service delivery untenable. Scottish ministers have decided that one way to tackle this is to introduce an amendment to the Housing Bill which was discussed in Parliament on 24 November. This amendment will allow ministers to direct GHA to devolve its housing management functions to another RSL. It will also allow ministers to set out the terms of the agreement between the two organisations.
If it is not possible for GHA to meet the conditions attached to its registration, then the regulator has a range of actions available. These actions may range from requiring new agreements to be put in place which fulfil the registration conditions, to making use of statutory intervention powers if necessary. We are confident, however, that the amendment to the bill, if passed, will ensure that tenant commitments and control are delivered.