The legal status of registered social landlords has been called into question once again following a last-ditch attempt to halt Glasgow's £4bn stock transfer.
The issue was raised by anti-transfer campaigners who called for potential transfer landlord Glasgow Housing Association to be recognised as a public body subject to EU procurement directives. This would oblige GHA to put major contracts out to tender, or face large fines.

The campaigners argue that GHA's decision to give a five-year maintenance contract to the city council's building services division would not comply with these rules.

A complaint to this effect has been lodged with the Office of Fair Trading, which is said to be considering whether to look into the matter any further.

A Northern Irish court decision has added to the controversy. The court ruled this week that a housing association was a "public authority" for the purposes of the 1998 Human Rights Act.

Public bodies are subject to EU rules and a recent Glasgow Housing Association decision would not comply with these

Housing association groups in Scotland and England fear classing housing associations as public bodies could erode the sector's independence and ultimately its ability to borrow large sums from private lenders.

The government also has an interest in not categorising housing associations as public bodies: if defined as such, their debts could be seen as part of the Treasury's carefully protected public borrowing deficit.

Source

Housing Today