Justice Monitor - Third Edition
There shall be a body corporate known as the Homes and Communities Agency (“the HCA”).
Schedule 1 (which makes further provision about the HCA) has effect.
The objects of the HCA are— with a view to meeting the needs of people living in England.
to improve the supply and quality of housing in England,
to secure the regeneration or development of land or infrastructure in England,
to support in other ways the creation, regeneration or development of communities in England or their continued well-being, and
to contribute to the achievement of sustainable development and good design in England,
In subsection (1)— and the reference to improving the supply of housing includes a reference to improving the supply of particular kinds of housing.
“qualified person” has the meaning given by section 136(7).
such leasehold interests as may be prescribed, or
dispose, or agree to dispose, by way of sale of a relevant interest in the property, or
The Taxation of Chargeable Gains Act 1992 is amended as follows.
The Finance Act 2003 is amended as follows.
Section 218 (disposals of land between the Housing Corporation, Secretary of State or Scottish Homes and housing associations) is amended as follows. For “the Housing Corporation”, wherever appearing, substitute “the Regulator of Social Housing”. For “the Corporation”, wherever appearing, substitute “the Regulator”. In subsection (1)(a) after “Housing Associations Act 1985” insert “, or in accordance with a requirement imposed under section 253 of the Housing and Regeneration Act 2008,”. In the heading to the section, and in the italic heading before it, for “Housing Corporation,” substitute “Regulator of Social Housing,”.
Section 71 (certain acquisitions by registered social landlord exempt from charge to stamp duty land tax) is amended as follows. In subsections (1), (2) and (3) for “registered social landlord”, wherever appearing, substitute “relevant housing provider”. After subsection (1) insert—
Section 219 (disposals by Housing Corporation, the Secretary of State, Scottish Homes and certain housing associations) is amended as follows. In subsection (1)— In subsection (2)— For the heading substitute “Disposals by housing related bodies”.
Paragraph 2 of Schedule 3 (stamp duty land tax: transactions exempt from charge) is amended as follows. In sub-paragraphs (1) and (2) for “registered social landlord” and “landlord”, wherever appearing, substitute “relevant housing provider”. A “relevant housing provider” means—
Section 259 (gifts to housing associations) is amended as follows. In subsection (1)(a) for “relevant housing association” substitute “relevant housing provider”. In subsections (1)(b) and (2) for “association”, wherever appearing, substitute “relevant housing provider”. For subsection (3) substitute—
Schedule 9 (stamp duty land tax: right to buy, shared ownership leases etc.) is amended as follows. In paragraph 1(3)— In paragraph 1(5) after “social landlord” insert “or registered provider of social housing”. A grant under section 19 of the Housing and Regeneration Act 2008 which— does not count as part of the chargeable consideration for a right to buy transaction to which the vendor is a relevant provider of social housing.
The Secretary of State and the appropriate Minister must proceed under paragraph 22 if— For the purposes of sub-paragraph (1) an objection is properly made if (and only if)— For the purposes of sub-paragraph (1) the matter is otherwise dealt with if (and only if) the Secretary of State and the appropriate Minister—
The Secretary of State and the appropriate Minister may make a final decision without further investigation as to the matters to which the objection relates if—
the Secretary of State and the appropriate Minister—
have considered the grounds of the objection as set out in the original statement and in any further statement, and
are satisfied that, for the purpose of making a final decision, sufficient information is available as to the matters to which the objection relates, or
a further statement has been required under paragraph 22(2) but is not submitted within the specified period.
The appropriate Minister must proceed under paragraph 31 if— For the purposes of sub-paragraph (1) an objection is properly made if (and only if)— For the purposes of sub-paragraph (1) the matter is otherwise dealt with if (and only if) the appropriate Minister—
The appropriate Minister may make a final decision without further investigation as to the matters to which the objection relates if—
the appropriate Minister—
has considered the grounds of the objection as set out in the original statement and in any further statement, and
is satisfied that, for the purpose of making a final decision, sufficient information is available as to the matters to which the objection relates, or
a further statement has been required under paragraph 31(2) but is not submitted within the specified period.
An order under paragraph 28 which is not subject to special parliamentary procedure becomes operative on the date on which the notice required by paragraph 36(2) is first published.
This Schedule applies with the following modifications in relation to employment in the civil service of the Crown on terms which do not constitute a contract of employment. An individual who holds employment in the civil service of the Crown immediately before the transfer date is to be treated as employed by virtue of a contract of employment. The terms of the employment in the civil service of the Crown are to be regarded as constituting the terms of the contract of employment. The reference in paragraph 5 to dismissal by the transferor is to termination of the employment in the civil service of the Crown.
This paragraph applies in respect of property transferred under a transfer scheme from— Section 17 of TCGA (disposals and acquisitions treated as at market value) shall not apply. For the purposes of TCGA the transfer (in relation to the transferor and the transferee) is to be taken as being a disposal for a consideration such that neither gain nor loss accrues.
Stamp duty shall not be chargeable on a transfer scheme. Stamp duty shall not be chargeable on a document certified by HMRC as connected with a transfer scheme. A document which is not chargeable by virtue of this paragraph must be stamped in accordance with section 12 of the Stamp Act 1891 (c. 39) with a stamp denoting that it is not chargeable.
“residential property” means a building which is, or is intended to be, occupied as a separate dwelling (including one that is being designed or constructed or is to be constructed) and includes any ancillary land, but it does not include a newly converted residential property,
“tenant” in relation to social housing includes other occupiers, and
“interim certificate” means a document which—
The HCA is to consist of such number of members (being not less than six) as the Secretary of State may from time to time appoint. The Secretary of State must appoint one of the members as the person with the function of chairing the HCA. In appointing a person to be a member, the Secretary of State— The Secretary of State may require any person whom the Secretary of State proposes to appoint as a member to provide such information as the Secretary of State considers necessary for the purposes of sub-paragraph (3)(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State and the appropriate Minister must, before making a final decision, consider the grounds of the objection as set out in the statement comprised in, or submitted with, the objection. The Secretary of State and the appropriate Minister may require the objector to submit within a specified period a further written statement as to any of the matters to which the objection relates.
The appropriate Minister must, before making a final decision, consider the grounds of the objection as set out in the statement comprised in, or submitted with, the objection. The appropriate Minister may require the objector to submit within a specified period a further written statement as to any of the matters to which the objection relates.
A transfer shall be disregarded for the purposes of section 30 of TCGA (value-shifting: tax-free benefits).
“designated area” means an area designated by a designation order,
The Homes and Communities Agency.
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation)—
insert, at the appropriate place, “Homes and Communities Agency”,
insert, in the Notes after the paragraph relating to the Treasury—,
omit the entries for the Commission for the New Towns and the Urban Regeneration Agency, and
omit the Notes relating to the Commission for the New Towns and the Urban Regeneration Agency.
The Local Government Act 1972 is amended as follows.
Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) is amended as follows. The Homes and Communities Agency. Omit the entries relating to—
Section 5 of the Rent (Agriculture) Act 1976 (no statutory tenancy where landlord’s interest belongs to certain bodies) is amended as follows. In subsection (3)(c) for “Commission for the New Towns” substitute “English new towns residuary body”. After subsection (3) insert—
The Local Government, Planning and Land Act 1980 is amended as follows.
Paragraph 2 of Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 (street trading) is amended as follows. In sub-paragraph (5)(b) for “Commission for the New Towns” substitute “new towns residuary body”. In sub-paragraph (5)(b) above “new towns residuary body” means—
The Landlord and Tenant Act 1987 is amended as follows.
The Housing Act 1988 is amended as follows.
In Schedule 4 to the Planning (Listed Buildings and Conservation Areas) Act 1990 (further provisions as to exercise of functions by different authorities), in paragraph 2, for “and housing action areas” substitute “, housing action areas and areas for which the Homes and Communities Agency is the local planning authority”.
Section 100J (application of Part 5A of the Act to new authorities, Common Council, etc.) is amended as follows. In subsection (1) after paragraph (f) insert— After subsection (2) insert— After subsection (3) insert— After subsection (4A) insert—
In section 4(4) (power to direct bodies to publish information) omit paragraph (b).
In section 21(3)(a) (tenant’s right to apply to tribunal for appointment of manager)—
after “by” insert—, and
after “resident landlord,” insertor.
In the italic heading before section 50 omit “: functions of Relevant Authority”.
In section 100K (interpretation and application of Part 5A) in the definition of “committee or sub-committee of a principal council” at the end insert “(and see section 100J(3ZA)(b) above)”.
In section 93 (public bodies to whom Part 10 applies) after subsection (1) insert—
In section 29(7)(a) (conditions for making acquisition orders)—
after “by” insert—, and
after “resident landlord,” insertor.
Omit sections 50 (housing association grants) and 51 (revenue deficit grants).
In section 99(4)(e) (directions to dispose of land: supplementary) omit “the Commission for the New Towns,”.
In section 58(1) (exempt landlords and resident landlords)—
in paragraph (b) omit “the Commission for the New Towns or”, and
after paragraph (de) insert—.
Section 52 (recovery etc. of grants) is amended as follows. For “Relevant Authority”, wherever it appears, substitute “appropriate authority”. In subsections (1) and (5)(b) for “housing association which is a registered social landlord” substitute “relevant housing association”. After subsection (9) insert—
In section 165A(2) (transfer by order of property etc. of urban development corporations to the Secretary of State etc.)—
in paragraph (a) for the words from “177” to “Agency)” substitute “42 of the Housing and Regeneration Act 2008 (agency arrangements with urban development corporations)”, and
in paragraph (b) for “subsection (2)” substitute “subsections (5) and (6)”.
In section 60 (general interpretation) after subsection (1) insert—
Section 53 (determinations under Part 2) is amended as follows. In subsection (2) for “Housing Corporation” substitute “Homes and Communities Agency”. In subsection (3) for “Relevant Authority”, in both places where it appears, substitute “appropriate authority”. In subsection (4) for “any provision of sections 50 to” substitute “section”.
In section 165B(2) (transfer by order of property etc. of urban development corporations to statutory bodies)—
in paragraph (a) for the words from “177” to “Agency)” substitute “42 of the Housing and Regeneration Act 2008 (agency arrangements with urban development corporations)”, and
in paragraph (b) for “subsection (2)” substitute “subsections (5) and (6)”.
In section 54(2)(a) (tax relief grants) for “a registered social landlord” substitute “a relevant housing association”.
In Schedule 16 (bodies to whom Part 10 applies) omit paragraph 6.
In section 59(1A) (interpretation of Part 2 etc.) for “50” substitute “52”.
At the end of section 35(3)(d) of TCGA (re-basing to 1982) add—
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A scheme may—
create for the transferor interests in, or rights over, property transferred by virtue of the scheme,
create for a transferee interests in, or rights over, property retained by the transferor or transferred to another transferee,
create rights or liabilities between the transferor and a transferee or between transferees.
A scheme may contain provision for the payment of compensation by the Secretary of State to any person whose interests are adversely affected by it.
In this Schedule— In this Schedule a reference to a trade includes a reference to part of a trade.
In Schedule 1 to the National Loans Act 1968 (Government lending and advances) in the entry relating to the New Towns Act 1981 (c. 64)—
in column 1 omit “(5)(6)”, and
in column 2 omit “and the Commission for the New Towns”.
The Local Government Act 1974 is amended as follows. In section 25(1) (authorities subject to investigation)— In section 26(7) (matters subject to investigation)— In paragraph 8 of Schedule 5 (matters not subject to investigation) for “Urban Regeneration” substitute “Homes and Communities”.
Schedule 1A to the Race Relations Act 1976 (bodies and other persons subject to general statutory duty) is amended as follows. In Part 1, after paragraph 52, insert— In Part 2, omit the entry relating to English Partnerships.
Section 3A of the Protection from Eviction Act 1977 (excluded tenancies and licences) is amended as follows. In subsection (8)(c) for “Commission for the New Towns” substitute “new towns residuary body”. After subsection (8) insert—
The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as follows. In section 15 (application of Act to orders under section 161(1) of the Leasehold Reform, Housing and Urban Development Act 1993) omit the words from “or under subsection (1)” to “similar provision)”. In Schedule 2 (modifications of Act in certain cases)—
In section 38 (minor definitions) of the Landlord and Tenant Act 1985, in the definition of “new town corporation”, for paragraph (b) (and the word “or” immediately before it) substitute—.
The Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008.
Section 8A of the Town and Country Planning Act 1990 (the Urban Regeneration Agency) is amended as follows. In the heading for “Urban Regeneration” substitute “Homes and Communities”. In subsection (1)— Omit subsection (2).
The Water Industry Act 1991 is amended as follows.
In section 219(1) of the Taxation of Chargeable Gains Act 1992 (disposals by Housing Corporation etc.)—
in paragraph (a) before “disposes” insert “or the Homes and Communities Agency”,
in paragraph (d) at the end insert “or the Homes and Communities Agency”, and
in the words after paragraph (d)—
before “, relevant housing” insert “, the Homes and Communities Agency”, and
before “or, as the case” insert “, the Homes and Communities Agency”.
Section 28 of the Housing Act 1996 (grants under sections 50 to 54 of the Housing Act 1988) is amended as follows. Omit subsections (1), (2) and (6). In the heading for “ss 50 to 54” substitute “Part 2”.
The Income and Corporation Taxes Act 1988 is amended as follows.
The Criminal Justice and Immigration Act 2008 is amended as follows.
A scheme may provide for the transfer of property, rights or liabilities that would not otherwise be capable of being transferred or assigned. In particular, it may provide for the transfer to take effect regardless of a contravention, liability or interference with an interest or right that would otherwise exist by reason of a provision having effect in relation to the terms on which the transferor is entitled to the property or right, or subject to the liability, in question. It does not matter whether the provision referred to in sub-paragraph (2) has effect under an enactment or an agreement or in any other way.
In section 41(2)(d)(i) (power to require the provision of a water main) for “Commission for the New Towns” substitute “new towns residuary body”.
In section 376(4) (qualifying borrowers and qualifying lenders) for paragraph (k) substitute—.
Omit section 134(6) (support for designated persons: eligibility for certain housing assistance).
A certificate by the Secretary of State that anything specified in the certificate has vested in any person by virtue of a scheme is conclusive evidence for all purposes of that fact.
In section 97(5) (performance of sewerage undertaker’s functions by local authorities etc.)—
in the definition of “relevant area” for paragraph (b) substitute—, and
in the definition of “relevant authority” in paragraph (b) for “Commission for the New Towns” substitute “new towns residuary body”.
In section 488(7A) (co-operative housing associations)—
at the beginning insert “In relation to a housing association which is a registered provider of social housing”, and
for paragraph (a) substitute “to the Regulator of Social Housing”.
Omit section 135(7) (power to amend or repeal section 134(6)).
In section 98 (power to require the provision of a public sewer etc.)—
in subsection (2)(d)(i) for “Commission for the New Towns” substitute “new towns residuary body”, and
in subsection (2A)(d)(i) for “Commission for the New Towns” substitute “new towns residuary body”.
In section 489(5A) (self-build societies) for “Housing Corporation” substitute “Regulator of Social Housing”.
“new towns residuary body” means—
In section 506B(9) (transactions with substantial donors: exceptions)—
for “registered social landlord or housing association”, in both places it appears, substitute “relevant housing provider”, and
in paragraph (a) after “body” insert “which is a non-profit registered provider of social housing or which is”.
“notice” means notice in writing,
land held by a registered provider, or
The HCA must appoint a person to be chief executive but may only appoint a person who has been approved by the Secretary of State. The chief executive is a member of staff of the HCA. The HCA may appoint such number of other staff as the Secretary of State may approve. The staff's terms and conditions of service are to be decided by the HCA with the approval of the Secretary of State. The HCA may pay to its staff such remuneration and such allowances as it may, with the approval of the Secretary of State, decide. The HCA may— as it may, with the approval of the Secretary of State, decide.
The HCA may, subject to any directions given by the Secretary of State, decide— Subject to this, a committee may decide the procedure of any of its sub-committees. Subject as above, a committee or sub-committee may decide its own procedure. In this paragraph “procedure” includes quorum.
Sub-paragraph (2) applies where the HCA , a strategic authority outside London, or the mayor for the area of a strategic authority outside London completes the compulsory acquisition of land under this Part of this Act. On completion of the acquisition— Sub-paragraph (2) is subject to paragraphs 4 to 6.
The enactments relating to compensation for the compulsory purchase of land apply, with the necessary modifications, in relation to the acquisition of new rights under section 9 as they apply to compensation for the compulsory purchase of land. Sub-paragraph (1) is without prejudice to the generality of paragraph 8.
The appropriate Minister may by order provide for statutory undertakers to be relieved (whether absolutely or so far as specified in the order) of the need to meet an obligation relating to the carrying on of their undertaking if conditions 1 and 2 are met. Condition 1 is that the statutory undertakers have made representations on the subject to the appropriate Minister. Condition 2 is that the appropriate Minister is satisfied that meeting some or all of the obligation has been made impracticable by any of the acts and events mentioned in sub-paragraph (4). The acts and events are—
Schedule 5A to the Housing Act 1985 (c. 68) (initial demolition notices) is amended as follows.
In section 133(3) of the Housing Act 1988 (consent required for certain subsequent disposals)—
in paragraph (a) for “and (3) to (4A)” substitute “, (3), (4) and (4A)(a) to (c) and (d)”,
in paragraph (b) for “and (3) to (4A)” substitute “, (3), (4) and (4A)(a) to (c) and (d)”, and
in paragraph (c) for “(4A)” substitute “(4A)(a) to (c) and (d)”.
The validity of proceedings of the HCA, or of any of its committees or sub-committees, is not affected by—
any vacancy,
any defective appointment, or
any contravention of—
directions given as mentioned in paragraph 7(1), or
paragraph 9.
The HCA , strategic authority outside London, or mayor may give a direction before the completion of the acquisition that paragraph 3(2) is not to apply to any right or apparatus specified in the direction.
In paragraph 1(4)(b) (initial demolition notices: maximum specified period to carry out demolition) for “five” substitute “seven”.
A member of the HCA who is directly or indirectly interested in any matter arising at a meeting of the HCA must disclose the nature of that interest to the meeting. A member of a committee or sub-committee of the HCA who is directly or indirectly interested in any matter arising at a meeting of the committee or sub-committee must disclose the nature of that interest to the meeting. In the case of a matter disclosed under this paragraph by a member of the HCA or of a committee or sub-committee, the member—
Paragraph 3(2) is subject to any agreement which may be made (whether before or after the completion of the acquisition) between—
the HCA , strategic authority outside London, or mayor, and
the person—
in whom the right or apparatus concerned is vested, or
to whom it belongs.
In paragraph 2(1) (period of validity of initial demolition notices) for “paragraph 3” substitute “paragraphs 3 and 3A”.
Paragraph 3(2) does not apply to— In sub-paragraph (1) “statutory undertakers” means persons who are, or are deemed to be, statutory undertakers for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990 (c. 8); and “statutory undertaking” is to be read in accordance with section 262 of that Act (meaning of “statutory undertakers”).
In paragraph 3(1) (revocation of initial demolition notices: application of paragraph 15(4) to (7) of Schedule 5 to that Act) for “(7)” substitute “(7A)”.
Any person who suffers loss by the extinguishment of a right, or the vesting of any apparatus, under paragraph 3 is entitled to compensation from the HCA (where it completes the compulsory acquisition) or the strategic authority outside London (where it, or the mayor for its area, completes the compulsory acquisition). Any compensation payable under this paragraph is to be determined in accordance with the Land Compensation Act 1961 (c. 33).
After paragraph 3 insert—
Paragraph 4 (restrictions on service of further notices) is amended as follows. In sub-paragraph (2) (further initial demolition notices)— In sub-paragraph (3) (final demolition notices)—
In paragraph 5 (notices under Schedule 5A) for “or 15” substitute “, 15 or 15A”.
In paragraph 6(1) (interpretation) after “Schedule” insert “(other than paragraph 3A)”.
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In this Part— and references to housing include (where the context permits) any yard, garden, outhouses and appurtenances belonging to, or usually enjoyed with, the building or part of building concerned.
“appropriate national authority” means—
“accounts” has the meaning given by section 4 of the Local Audit and Accountability Act 2014;
Sub-paragraph (2) applies if— The statutory undertakers may serve on the HCA a notice claiming the right to— No notice may be served under sub-paragraph (2) more than 21 days after the beginning of the development on the land.
This paragraph applies if— The statutory undertakers may— The Secretary of State and the appropriate Minister may by order confer on the statutory undertakers— The fact that a notice has been withdrawn under sub-paragraph (2)(a) does not prejudice the service of a further notice.
The reference in paragraph 9(1)(a) to apparatus vested in, or belonging to, statutory undertakers includes a reference to electronic communications apparatus kept installed for the purposes of an electronic communications code network. Where paragraph 9(1)(a) has effect as mentioned in sub-paragraph (1) above—
This Schedule makes provision about the fiscal effect of transfers under schemes made under sections 51 and 65.
This paragraph applies if as the result of a transfer scheme— In connection with the computation of profits and losses for the purpose of corporation tax in respect of periods wholly or partly after the commencement of the transfer scheme—
The Housing Act 1996 is amended as follows.
Section 127 (introductory tenancies: proceedings for possession) is amended as follows. In subsection (1) for the words from “an order” to the end substitute — After subsection (1) insert— In subsection (2) for “such an order” substitute “an order of the kind mentioned in subsection (1)(a)”. Omit subsection (3).
Section 130 (introductory tenancies: effect of beginning proceedings for possession) is amended as follows. In subsection (2)(a) for the words from “in pursuance of”, where they first appear, to “of the court)” substitute “in accordance with section 127(1A)”. In subsection (3)(b) for “127(2) and (3)” substitute “127(1A) and (2)”.
Section 143D (demoted tenancies: proceedings for possession) is amended as follows. In subsection (1) for the words from “an order” to the end substitute — After subsection (1) insert— Omit subsection (3).
“family intervention tenancy” has the same meaning as in paragraph 4ZA of Schedule 1 to the Housing Act 1985 (c. 68),
A penalty charge notice given to a person under section 285 by an officer of an enforcement authority must—
state the officer’s belief that the person has committed a breach of duty,
give such particulars of the circumstances as may be necessary to give reasonable notice of the breach of duty,
require the person, within a period specified in the notice—
to pay a penalty charge specified in the notice, or
to give notice to the enforcement authority that the person wishes the authority to review the notice,
state the effect of paragraph 7,
specify the person to whom, and the address at which, the penalty charge may be paid and the method or methods by which payment may be made, and
specify the person to whom, and the address at which, a notice requesting a review may be sent (and to which any representations relating to the review may be addressed).
The amount of the penalty charge is recoverable from the recipient of the penalty charge notice as a debt owed to the enforcement authority unless— Proceedings for the recovery of the penalty charge may not be started before the end of the period mentioned in paragraph 4(1). Sub-paragraph (4) applies if, within that period, the recipient of the penalty charge notice gives notice to the enforcement authority that the recipient wishes the authority to review the penalty charge notice. Proceedings for the recovery of the penalty charge may not be started—
The penalty charge specified in the notice shall be of such amount (not exceeding £1,000) as may be prescribed for the time being by regulations made by the appropriate national authority.
In proceedings for the recovery of the penalty charge, a certificate which— is evidence of the facts stated.
purports to be signed by, or on behalf of, the person having responsibility for the financial affairs of the enforcement authority, and
states that payment of the penalty charge was, or was not, received by a date specified in the certificate,
The period specified under paragraph 1(c) must not be less than 28 days beginning with the day after that on which the penalty charge notice was given. The enforcement authority may extend the period for complying with the requirement mentioned in paragraph 1(c) in any particular case if it considers it appropriate to do so.
See also sections 19(5) (financial assistance), 44 (local government involvement) and 52 (role of the HCA in relation to certain former functions of the Commission for the New Towns).
The HCA may do anything it considers appropriate for the purposes of its objects or for purposes incidental to those purposes.
This Part contains various specific powers of the HCA.
The specific powers of the HCA (whether contained in this Part or elsewhere) are to be exercised for the purposes of its objects or for purposes incidental to those purposes.
Each power may be exercised separately or together with, or as part of, another power.
Each power does not limit the scope of another power.
Each power does not limit the scope of the powers conferred by section 3.
But—
subsections (2) and (3) do not apply to the HCA in its capacity as a local planning authority by virtue of sections 13 and 14 or in its exercise of other functions by virtue of those sections,
the powers conferred by section 3 must not be used to override a restriction imposed on the exercise of a specific power.
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The HCA or a strategic authority outside London may provide housing or other land.
The HCA or a strategic authority outside London may facilitate the provision of housing or other land.
In this section “provide” includes provide by way of acquisition, construction, conversion, improvement or repair (and “provision” is to be read in the same way).
The HCA or a strategic authority outside London may regenerate or develop land.
The HCA or a strategic authority outside London may bring about the more effective use of land.
The HCA or a strategic authority outside London may facilitate—
the regeneration or development of land, or
the more effective use of land.
The HCA or a strategic authority outside London may provide infrastructure.
The HCA or a strategic authority outside London may facilitate the provision of infrastructure.
In this section “provide” includes provide by way of acquisition, construction, conversion, improvement or repair (and “provision” is to be read in the same way).
A strategic authority outside London or mayor for the area of a strategic authority outside London may only exercise the functions conferred by this Chapter for the purposes of, or for purposes incidental to the objectives of— with a view to meeting the needs of people living in that area.
improving the supply and quality of housing in the area of the strategic authority;
securing the regeneration or development of land or infrastructure in that area;
supporting in other ways the creation, regeneration or development of communities in that area or their continued well-being;
contributing to the achievement of sustainable development and good design in that area,
In this section—
“good design” and “needs” have the same meanings as in section 2 (see section 2(2));
the reference to improving the supply of housing includes a reference to improving the supply of particular kinds of housing.
The HCA or a strategic authority outside London may carry out, or facilitate the carrying out of, any of the following activities in relation to land—
acquiring, holding, improving, managing, reclaiming, repairing or disposing of housing,
acquiring, holding, improving, managing, reclaiming, repairing or disposing of other land, plant, machinery, equipment or other property, and
carrying out building and other operations (including converting or demolishing buildings).
The HCA or a strategic authority outside London may acquire land by agreement.
The HCA or a strategic authority outside London may acquire land compulsorily if the Secretary of State authorises it to do so.
The power of acquiring land compulsorily under subsection (2) includes power to acquire new rights over land.
Subsection (5) applies where—
land or new rights over land are being acquired compulsorily under subsection (2), and
the land which is being acquired, or over which new rights are being acquired, forms part of a common, open space or allotment.
The power under subsection (2) to acquire land compulsorily includes the power to acquire land compulsorily for giving in exchange for the land or (as the case may be) new rights mentioned in subsection (4)(a).
Schedule 2 (which makes further provision in relation to the acquisition of land by the HCA or a strategic authority) has effect.
Section 9A makes provision about the exercise of the function conferred by subsection (2) on strategic authorities outside London.
In this Part—
“secured creditor” means a creditor who holds a mortgage or charge (including a floating charge) over—
Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities) is amended as follows. The Homes and Communities Agency. Omit the entries relating to—
In section 59(1)(f) of the Finance Act 2004 (contractors) for “Commission for the New Towns” substitute “Homes and Communities Agency”.
Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) is amended as follows. Office for Tenants and Social Landlords Omit the entry for the Housing Corporation.
“Registered provider of social housing” has the meaning given by section 80(2) of the Housing and Regeneration Act 2008 (and “non-profit” and “profit-making” in connection with a provider have the meanings given by section 115 of that Act).
The Housing Associations Act 1985 is amended as follows.
The recipient of a penalty charge notice may appeal to the county court against the notice if the notice is confirmed by the enforcement authority after a review. The appeal must be made within the period of 28 days beginning with the day after that on which the notice under paragraph 4(2)(c) is given. The county court may extend the period for appealing against the notice. An appeal must be on one (or more) of the following grounds— An appeal is to be by way of a rehearing. On an appeal the court is to uphold the notice or quash it.
A penalty charge notice and any other notice mentioned in this Schedule may be given by post. Any such notice may be given—
Section 9 (control by Corporation of disposals of land by housing associations) is amended as follows. In subsection (1A)— For subsection (6) substitute— For the heading substitute “Control of disposals by unregistered housing associations”.
The appropriate national authority may by regulations make provision supplementary or incidental to the preceding provisions of this Schedule. Such provision may, in particular, include—
Section 10 (dispositions excepted from section 9) is amended as follows. In subsection (1) for paragraphs (a) to (c) substitute— Omit subsection (2)(e) and the “or” before it.
“appropriate national authority” means—
a CCA, or
Statutory undertakers are entitled to compensation from the HCA if— by virtue of this Part of this Schedule. Sections 280 and 282 of the Town and Country Planning Act 1990 (c. 8) (measure of compensation to statutory undertakers) apply to compensation under this paragraph as they apply to compensation under section 279(4) of that Act.
Sub-paragraph (2) applies if statutory undertakers serve a notice under paragraph 9 on the HCA. The HCA may, before the end of the period of 28 days beginning with the date of the service of the notice, serve a counter-notice on the statutory undertakers. The counter-notice is a notice stating that the HCA objects to all or any provisions of the notice under paragraph 9. The counter-notice must also specify the grounds of the HCA’s objection.
Sub-paragraph (2) applies if statutory undertakers have the right to carry out works for the removal or re-siting of apparatus by virtue of this Part of this Schedule. The statutory undertakers may arrange with the HCA for the works to be carried out by the HCA, under the superintendence of the statutory undertakers, instead of by the statutory undertakers themselves.
An order under paragraph 16 or 17 may, in particular— An order under paragraph 16 which is for the purposes mentioned in sub-paragraph (3)(a) of that paragraph or an order under paragraph 17 may, in particular, give effect to any financial arrangements—
This paragraph applies if rights and liabilities under a contract of employment are transferred by virtue of a scheme. The contract of employment— The rights, powers, duties and liabilities of the transferor under or in connection with the contract are transferred to the transferee on the transfer date. Anything done before the transfer date by or in relation to the transferor in respect of the contract or the employee is to be treated from that date as having been done by or in relation to the transferee. In particular, a period of employment with the transferor is to be treated as a period of employment with the transferee (and the transfer is not to be treated as interrupting the continuity of that employment). This paragraph is subject to paragraph 5.
A transfer by virtue of a scheme does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect.
In this Schedule— In this Schedule “transfer between bodies” means a transfer— In this Schedule “transfer to government” means a transfer to—
This paragraph applies in respect of property transferred under a transfer scheme from— Where the property was used by the transferor, and is to be used by the transferee, in connection with a trade, section 343(2) of ICTA (company reconstructions: capital allowances) shall apply.
If as a result of a transfer the transferee replaces the transferor as a party to a loan relationship, paragraph 12(2) of Schedule 9 to FA 1996 (transfer within group: continuity of treatment) shall apply (whether or not the transferor and transferee are bodies corporate). Expressions used in this paragraph have the same meaning as in that Schedule.
In section 23(3) of the Land Compensation Act 1961 (compensation where planning decision made after acquisition: exclusions) for paragraph (d) and the word “or” before it substituteor
The Leasehold Reform Act 1967 is amended as follows.
In section 59(1)(h) of the Finance Act 2004 (contractors) for “Housing Corporation” substitute “Regulator of Social Housing”.
The enforcement authority must repay any amount previously paid as a penalty charge in pursuance of a penalty charge notice if the notice is withdrawn or quashed.
In this Part of this Schedule “an original tenancy” means any secure tenancy, assured tenancy, introductory tenancy or demoted tenancy—
in respect of which a possession order was made before the commencement date, and
which ended before that date pursuant to the order but not on the execution of the order.
The new tenancy and the original tenancy are to be treated for the relevant purposes as— The relevant purposes are— In proceedings on a relevant claim the court concerned may order that the new tenancy and the original tenancy are to be treated for the purposes of the claim as— The following are relevant claims— For the purposes of sub-paragraph (4)(a) proceedings must be treated as finally determined if—
The appropriate national authority may by order provide for this Part of this Schedule to apply, subject to such modifications as may be specified in the order, to successor landlord cases. For the purposes of sub-paragraph (1) a successor landlord case is a case, in relation to an original tenancy, where the interest of the ex-landlord in the dwelling-house—
The Housing Act 1996 is amended as follows.
Rights and liabilities under a contract of employment are not transferred by virtue of a scheme if the employee objects to the transfer and informs the transferor or transferee of that fact. If the employee objects to the transfer and informs the transferor or transferee of that fact—
Anything which— is to be treated as done by the transferee.
is done by the transferor for the purposes of, or otherwise in connection with, anything transferred by virtue of a scheme, and
is in effect immediately before the transfer date,
The following transfers shall be treated as giving rise to neither allowance nor charge for the purposes of capital allowances in respect of a trade (and allowances shall be calculated as if the transferee had always carried on the trade)—
a transfer from the Housing Corporation, and
a transfer to government.
In section 28(5)(b) (retention or resumption of land required for public purposes) for “Commission for the New Towns” substitute “new towns residuary body”.
A new tenancy of the dwelling-house which was let under the original tenancy is treated as arising on the commencement date between the ex-landlord and the ex-tenant if— The home condition is that the dwelling-house which was let under the original tenancy— In this Part of this Schedule “the termination period” means the period— For the purposes of sub-paragraph (2)(a) the dwelling-house is the only or principal home of the ex-tenant on the commencement date even though the ex-tenant is then absent from the dwelling-house as a result of having been evicted in pursuance of a warrant if the warrant is subsequently set aside but the possession order under which it was granted remains in force. In that case, the new tenancy is treated as arising on the first day (if any) on which the ex-tenant resumes occupation of the dwelling-house as that person’s only or principal home. For the purposes of sub-paragraph (2)(b) any period of time within the termination period is to be ignored if— The appropriate national authority may by order provide for particular cases or descriptions of case, or particular circumstances, where the home condition is met where it would not otherwise be met.
Section 167 (allocation in accordance with allocation scheme) is amended as follows. In subsection (2) after “scheme shall” insert “, subject to subsection (2ZA),”. After subsection (2) insert—
If (apart from the change of employer) a substantial detrimental change is made to a person’s working conditions, nothing in this Schedule affects any right the person has to terminate the person’s contract of employment.
There may be continued by or in relation to the transferee anything (including legal proceedings)—
which relates to anything transferred by virtue of a scheme, and
which is in the process of being done by or in relation to the transferor immediately before the transfer date.
Section 29 (reservation of future right to develop) is amended as follows. In subsection (6)— In subsection (7) for “Commission for the New Towns” substitute “Welsh new towns residuary body”.
Section 184 (inquiry into cases of homelessness or threatened homelessness) is amended as follows. After subsection (3) insert— After subsection (6) insert—
This paragraph applies to any document— Any references in the document to the transferor are to be read as references to the transferee.
In section 30(7)(a) (reservation of right of pre-emption in new town or overspill area) for “Commission for the New Towns” substitute “new towns residuary body”.
Section 185 (persons from abroad not eligible for certain housing assistance) is amended as follows. In subsection (4) for “another person” substitute “a person falling within subsection (5)”. After subsection (4) insert—
In section 33 (Crown land) after subsection (2) insert—
Section 193 (duty to persons with priority need who are not homeless intentionally) is amended as follows. In subsection (3A) after “this section” insert “in a case which is not a restricted case”. After subsection (3A) insert— After subsection (7A) insert— In subsections (7B) and (7C) at the beginning insert “In a case which is not a restricted case,”. In subsection (7F) after paragraph (a) (but before the “or” following it) insert—.
In section 37(1) (interpretation of Part 1) after paragraph (b) insert—.
Section 195 (duties in the case of threatened homelessness) is amended as follows. In subsection (3A) after “this section” insert “in a case which is not a restricted threatened homelessness case”. In subsection (4)— After subsection (4) insert—
Schedule 4 (re-acquisition for development) is amended as follows. In the heading for Part 2 for “New Towns Commission” substitute “Welsh new towns residuary body”. In paragraph 4—
Section 202 (right to request review of decision) is amended as follows. In subsection (1) after paragraph (f) insert, or In subsection (1A)—
In paragraph 2(2)(c) of Schedule 4A (exclusion of certain shared ownership leases) for “Commission for the New Towns” substitute “new towns residuary body”.
restricted person section 184(7)
in relation to England, the Secretary of State, and
The power of— to make orders under this Schedule includes power to vary or revoke such orders and to make supplementary, incidental, consequential, transitional, transitory or saving provision. The power of— to give directions under this Schedule includes power to vary or revoke such directions and to make supplementary, incidental, consequential, transitional, transitory or saving provision.
Section 72 of the Water Resources Act 1991 (interpretation of Chapter 2 of Part 2) is amended as follows. In subsection (2)(a)(iii) for “Commission for the New Towns” substitute “new towns residuary body”. After subsection (2) insert—
The Leasehold Reform, Housing and Urban Development Act 1993 is amended as follows. Omit— (provisions about the Urban Regeneration Agency). In section 188(6) (extent etc.) omit paragraph (b) and the “and” before it.
The Regional Development Agencies Act 1998 is amended as follows.
The Finance Act 2003 is amended as follows.
In section 104(4) of the Local Government and Public Involvement in Health Act 2007 (partner authorities), after paragraph (e), insert—.
The Landlord and Tenant Act 1985 is amended as follows.
Part 2 of the Housing (Northern Ireland) Order 1988 is amended as follows.
Omit section 36 (transfer of property etc. of Urban Regeneration Agency) and the italic heading before it.
In section 71(4) (certain acquisitions by registered social landlord exempt from charge to stamp duty land tax) after paragraph (c) insert—.
For section 21 (as substituted by section 152 of the Commonhold and Leasehold Reform Act 2002 (c. 15)) (regular statements of account) substitute—
Article 7A (persons not eligible for housing assistance) is amended as follows. In paragraph (4) for “another person” substitute “a person falling within paragraph (4A)”. After paragraph (4) insert—
Omit section 37 (powers in relation to the Urban Regeneration Agency).
Schedule 9 (stamp duty land tax: right to buy, shared ownership leases etc.) is amended as follows. In paragraph 1(3)— In paragraph 5(2) for paragraph (e) substitute—.
Section 21A (withholding of service charges) is amended as follows. For subsection (1) substitute— In subsection (2)— In subsection (3)—
Article 9 (notification of decision and reasons) is amended as follows. After paragraph (3) insert— After paragraph (5) insert—
In section 38(10) (corporation tax)—
in the definition of “qualifying transfer” omit paragraph (b), and
in the definition of “transfer scheme” for “any of sections 34 to 37” substitute “section 34 or 35”.
Section 22 (as substituted by section 154 of the Commonhold and Leasehold Reform Act 2002 (c. 15)) (inspection etc. of documents) is amended as follows. In subsection (1)(a) for the words from “the matters” to “under” substitute “information required to be provided to him by virtue of”. In subsection (3) for “supplied with the statement of account under” substitute “provided with the information concerned by virtue of”. In subsection (4)—
Article 10 (duties to persons found to be homeless) is amended as follows. After paragraph (2) insert— After paragraph (4) insert—
In section 39(4)(b) (stamp duty) for “any of sections 34 to 37 and” substitute “section 34 or 35 or”.
In section 23(1) (as substituted by paragraph 1 of Schedule 10 to the Commonhold and Leasehold Reform Act 2002 (c. 15) (information held by superior landlord))—
for “a statement of account which the landlord is required to supply under” substitute “information which the landlord is required to provide by virtue of”, and
after “of the relevant information” insert “which relates to those matters”.
Article 11 (duties to persons found to be threatened with homelessness) is amended as follows. After paragraph (2) insert— After paragraph (4) insert—
Omit Schedule 9 (the Urban Regeneration Agency: transfer schemes).
In section 23A(4) (effect of change of landlord)—
in paragraph (a) after “23” insert “and any regulations under section 21”, and
after paragraph (b) insertand
In section 26(1) (exception: tenants of certain public authorities) for “statements of account” substitute “service charge information, reports on such information”.
In section 27 (exception: rent registered and not entered as variable) for “statements of account” substitute “service charge information, reports on such information”.
Omit section 28 (meaning of “qualified accountant”).
In section 39 (index of defined expressions) omit the entry in the Table for “qualified accountant”.
“planning-related provisions” means—
The possession order in pursuance of which the original tenancy ended is to be treated, so far as practicable, as if it applies to the new tenancy. Any court orders made before the commencement date which— are to be treated, so far as practicable, as if they apply to the new tenancy.
In the application of this Part of this Schedule in relation to an original tenancy which was a joint tenancy, a reference to the dwelling-house being the only or principal home of the ex-tenant is to be treated as a reference to the dwelling-house being the only or principal home of at least one of the ex-tenants of the joint tenancy. The appropriate national authority may by order provide for this Part of this Schedule to apply in relation to an original tenancy which was a joint tenancy subject to such additional modifications as may be specified in the order.
The HCA or a strategic authority outside London may not dispose of land for less than the best consideration which can reasonably be obtained unless the Secretary of State consents.
Subsection (1) does not apply to a disposal by way of a short tenancy if the disposal consists of—
the grant of a term of not more than 7 years, or
the assignment of a term which, at the date of assignment, has not more than 7 years to run.
The HCA or a strategic authority outside London may not dispose of land which has been compulsorily acquired by it under this Part unless the Secretary of State consents.
Subject as above, the HCA or a strategic authority outside London may dispose of land held by it in any way it considers appropriate.
This section applies to the compulsory acquisition function of strategic authorities.
In the case of a mayoral combined authority or mayoral CCA, the compulsory acquisition function is a function of the combined authority or CCA that is exercisable only by the mayor on behalf of the combined authority or CCA.
In the case of a mayoral combined authority, before exercising the compulsory acquisition function the mayor must consult any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—
the constituent councils;
any National Park authority;
the Broads Authority.
In the case of a mayoral CCA, before exercising the compulsory acquisition function the mayor must consult any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—
the constituent councils;
any district council within the area of the CCA that is not a constituent council;
any National Park authority;
the Broads Authority.
In the case of a non-mayoral combined authority, the exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition— and consent of a constituent council must be given at a meeting of the combined authority.
the constituent councils;
any National Park authority;
the Broads Authority;
In the case of a non-mayoral CCA, the exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition— and consent of a constituent council must be given at a meeting of the CCA.
the constituent councils;
any district council within the area of the CCA that is not a constituent council;
any National Park authority;
the Broads Authority;
In the case of a county council that is a strategic authority, the exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—
any district council within the area of the county council;
any National Park authority;
the Broads Authority.
In the case of a district council that is a strategic authority, the exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—
any National Park authority;
the Broads Authority.
In this section “compulsory acquisition function” means the function conferred by section 9(2).
Schedule 3 (which makes provision about powers in relation to land acquired ...) has effect.
Schedule 4 (which provides for powers in relation to, and for, statutory undertakers) has effect.
The Secretary of State may by order designate an area in England outside Greater London if the Secretary of State considers that—
the area is suitable for development, and
it is appropriate for the HCA to be the local planning authority for the whole or any part of the area—
for particular permitted purposes, and
in relation to particular kinds of development.
In deciding whether it is appropriate for the HCA to be the local planning authority as mentioned in subsection (1)(b), the Secretary of State must, in particular, be satisfied that making the designation order is likely to improve the effectiveness with which the functions of the local planning authority for the area or part are discharged.
The Secretary of State must, before making a designation order—
publish—
a draft of the order, and
the Secretary of State's reasons for making the order, and
consult the persons mentioned in subsection (4).
The persons are—
every local authority any part of whose area is intended to be included in the proposed designated area,
any person, other than a local authority, who is the local planning authority for the proposed designated area or any part of it,
such persons which appear to the Secretary of State to represent the interests of local authorities as the Secretary of State considers appropriate, and
persons who reside or carry on business in the proposed designated area.
In this Part— and references to a designated area, in the case of an area whose boundaries have been amended by an order made under this section by virtue of section 14 of the Interpretation Act 1978 (c. 30), are to be read as references to the designated area as so amended.
The application of the seal of the HCA must be authenticated by the signature of— A document purporting to be duly executed under the seal of the HCA, or signed on its behalf, is to be received in evidence and, unless the contrary is proved, is to be treated as so executed or signed.
Sub-paragraph (2) applies if— The HCA may serve a notice on the statutory undertakers. The notice may, in the case of a protected right, state that, at the end of the relevant period, the right will be extinguished. The notice may, in the case of apparatus, require that, before the end of the relevant period, the apparatus must be removed. In this paragraph—
This paragraph applies if— The HCA may— The Secretary of State and the appropriate Minister may make an order embodying, with or without modifications, the provisions of the notice. The fact that a notice has been withdrawn under sub-paragraph (2)(a) does not prejudice the service of a further notice.
This paragraph applies if— The statutory undertakers have the rights claimed in their notice under paragraph 9.
Statutory undertakers are entitled to compensation from the HCA if works are carried out for the removal or re-siting of their apparatus which they have the right to carry out by virtue of this Part of this Schedule. Sections 280 and 282 of the Town and Country Planning Act 1990 (c. 8) (measure of compensation to statutory undertakers) apply to compensation under this paragraph as they apply to compensation under section 279(4) of that Act.
The Secretary of State and the appropriate Minister may by order provide for an extension or modification of the functions of particular statutory undertakers if conditions 1 and 2 are met. Condition 1 is that the HCA has made representations on the subject to the Secretary of State and the appropriate Minister. Condition 2 is that the Secretary of State and the appropriate Minister consider it appropriate to extend or modify the functions of the statutory undertakers to secure—
The HCA is not to be regarded— and its property is not to be regarded as property of, or held for or on behalf of, the Crown.
as a servant or agent of the Crown, or
as enjoying any status, immunity or privilege of the Crown,
Before making an order under paragraph 4(3), the Secretary of State and the appropriate Minister must give the statutory undertakers on whom notice was served an opportunity to object to the application for the order. The Secretary of State and the appropriate Minister— The Secretary of State and the appropriate Minister may then—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This paragraph applies if an order is made under paragraph 4(3). Any right to which the order relates is extinguished at the end of the period specified for that purpose in the order. The HCA may— if any requirement of the order as to the removal of the apparatus has not been complied with by the end of the period specified for that purpose in the order.
The Secretary of State (instead of the HCA) may—
appoint the first chief executive, and
determine the terms and conditions of service as a member of staff of the HCA which are applicable to the first chief executive on appointment.
“rent” includes payments under a licence to occupy accommodation,
The Housing Act 1988 is amended as follows.
Section 5 (security of tenure) is amended as follows. For subsection (1) substitute— In subsection (2)(a) after “court” insert “of the kind mentioned in subsection (1)(a) or (b) or any other order of the court”.
In section 7(7) (possession orders in cases of fixed term tenancies which have come to an end) for “on the day on which the order takes effect” substitute “in accordance with section 5(1A)”.
Section 9 (extended discretion of court in possession claims) is amended as follows. In subsection (3) omit the words from “or payments” to “profits)”. For subsection (4) substitute— Omit subsections (5) and (5A).
Section 21 (recovery of possession on expiry or termination of assured shorthold tenancies) is amended as follows. In subsection (3) for “on the day on which the order takes effect” substitute “in accordance with section 5(1A)”. After subsection (4) insert—
In this section “local authority” means a county council in England or, a district council ....
The fact that the purposes of Part 13 of the Town and Country Planning Act 1990 are not permitted purposes does not affect the construction of references to the local planning authority to which an application could have been made in sections 293B to 293J in the Part.
A designation order may contain provisions of the following kind.
The order may provide for the HCA to be the local planning authority for the whole or any part of the designated area—
for specified permitted purposes, and
in relation to specified kinds of development.
The order may provide that where the HCA is the local planning authority for the whole or any part of the designated area it is to have— specified relevant functions conferred by or under specified planning-related provisions.
in relation to the whole or any part of the designated area, and
subject to any specified modifications,
An order which makes provision of the kind mentioned in subsection (2) may make provision about the application of enactments relating to local planning authorities to the HCA in its capacity as the local planning authority by virtue of the order.
An order which makes provision of the kind mentioned in subsection (3)—
may provide for the HCA to have the functions concerned instead of, or concurrently with, other persons who have them,
may make provision about the application to the HCA of enactments relating to the functions concerned.
Provision made by virtue of subsection (4) or (5), or section 320(1)(d) in its application to an order of a kind falling within this section, may, in particular, provide that any enactment—
is to apply to the HCA without modification,
is to apply to it subject to specified modifications.
In this section—
“sustainability”, in relation to residential properties, is to be read in accordance with section 280.
Subsections (2) to (6) apply where a designation order provides for the HCA to be the local planning authority for the whole or any part of the designated area.
The HCA must prepare and publish a statement of local involvement.
The statement of local involvement is a statement of the HCA's policy as to the extent to which it intends to involve persons mentioned in subsection (4) in relation to the exercise by the HCA of functions conferred on it by virtue of the designation order.
The persons are—
every local authority for the designated area or any part of the area in relation to which a function is to be exercised, and
persons appearing to the HCA to have special knowledge or experience of matters relevant to functions to be exercised in relation to the area or part.
The HCA must—
keep the statement under review, and
publish any revision of it.
In deciding its policy about the extent of involvement of persons mentioned in subsection (4), the HCA must, in particular, have regard to—
the benefits that it might receive from their knowledge and experience, and
the nature of the functions concerned.
Subsection (8) applies where—
the HCA establishes a committee for the purpose of exercising functions conferred on the HCA by virtue of a designation order,
such a committee establishes a sub-committee for such a purpose, or
a new or replacement member is to be appointed to such a committee or sub-committee.
The HCA must—
inform every local authority for the designated area or any part of the area in relation to which the functions are to be, or are being, exercised of—
the establishment of the committee or sub-committee concerned, or
(as the case may be) the proposed appointment, and
invite the authority to suggest one or more candidates for membership of the committee or (as the case may be) sub-committee.
In this section “local authority” has the same meaning as in section 13.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 4 of the Planning and Compulsory Purchase Act 2004 (c. 5) (assistance for regional planning bodies from certain local authorities) is amended as follows.
For subsection (4) substitute—
In subsection (8) after “(5)” insert “other than arrangements with the Homes and Communities Agency”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Any person authorised by the HCA may, at any reasonable time and subject as follows, enter any land for the purpose of surveying it, or estimating its value, in connection with—
any proposal for the HCA to acquire that land or any other land, or
any claim for compensation in respect of any such acquisition.
A person authorised under subsection (1) to enter any land—
must, if required, produce evidence of the authority before entering the land, and
must not demand admission as of right to the land unless the HCA has served notice of the intended entry on every owner or occupier of the land not less than 28 days before the making of the demand.
A notice under subsection (2)(b) must—
state the purpose for which entry is required, and
inform the person to whom it is given of the person’s rights under this section and, if applicable, section 18.
A person interested in any land may recover compensation from the HCA in respect of any damage done to the land—
in the exercise of a right of entry under this section, or
in making a survey under this section.
Section 118 of the Town and Country Planning Act 1990 (c. 8) (determination of claims for compensation) applies in relation to compensation under subsection (4) as it applies in relation to compensation under Part 4 of that Act.
A person (“A”) commits an offence if A intentionally obstructs another person (“B”) in the exercise of B’s powers under subsection (1) above.
A person who commits an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
In subsection (2)(b) “owner” has the same meaning as in the Acquisition of Land Act 1981 (c. 67).
The references in subsections (4) and (6) to this section or subsection (1) include references to those provisions as extended by section 18.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The power to survey land conferred by section 17(1) includes power to search and bore for the purpose of ascertaining—
the nature of the subsoil, or
the presence of minerals in it.
But this is subject to subsections (3) to (5).
No person may carry out any works authorised by virtue of subsection (1) unless notice of the person’s intention to do so was included in the notice required by section 17(2)(b).
The authority of the appropriate Minister is required for the carrying out of any works authorised by virtue of subsection (1) if—
the land concerned is held by statutory undertakers, and
they object to the proposed works on the ground that the execution of the works would be seriously detrimental to carrying on their undertaking.
The references in subsection (4) to the appropriate Minister, statutory undertakers and their undertaking have the same meanings as they have in section 325(9) of the Town and Country Planning Act 1990 (c. 8) (supplementary provisions as to rights of entry).
The HCA or a strategic authority outside London may, with the consent of the Secretary of State, give financial assistance to any person.
Financial assistance under this section may be given in any form.
But the HCA or a strategic authority outside London must not give financial assistance in contravention of a direction given by the Regulator of Social Housing under section 100G.
Financial assistance under this section may, in particular, be given by way of—
grants,
loans,
guarantee or indemnity,
investment, or
incurring expenditure for the benefit of the person assisted.
Financial assistance under this section may be given on such terms and conditions as the HCA or a strategic authority outside London considers appropriate (including provision for repayment, with or without interest).
The objects of the HCA are not to be read as preventing the HCA from exercising functions in relation to financial assistance (whether under this section or otherwise) which— in ways corresponding to those in which the Housing Corporation could have exercised its functions.
are transferred to the HCA from the Housing Corporation by virtue of this Act, or
would supersede functions of the Housing Corporation,
See also sections 31 to 35 (further provision about certain types of financial assistance: social housing).
A strategic authority outside London may only exercise the functions conferred by this section for the purposes of, or for purposes incidental to the objectives of— with a view to meeting the needs of people living in that area.
improving the supply and quality of housing in the area of the strategic authority;
securing the regeneration or development of land or infrastructure in that area;
supporting in other ways the creation, regeneration or development of communities in that area or their continued well-being;
contributing to the achievement of sustainable development and good design in that area,
In subsection (5A)—
“good design” and “needs” have the same meanings as in section 2 (see section 2(2));
the reference to improving the supply of housing includes a reference to improving the supply of particular kinds of housing.
The HCA may, for the purpose of what it considers to be the short-term management of its finances, borrow from any person by way of overdraft or otherwise.
Subject to this, the HCA may only borrow from the Secretary of State or the European Investment Bank.
The HCA may not borrow in currencies other than sterling.
The Secretary of State may lend to the HCA any sums it has power to borrow from the Secretary of State under section 20.
Loans under subsection (1) may be made on such terms and conditions as the Secretary of State considers appropriate (including provision for repayment with or without interest).
The Secretary of State may guarantee—
the repayment of the principal of any sums which the HCA borrows from a person other than the Secretary of State, and
the payment of interest on such sums.
Such a guarantee is to be in such manner, and on such terms and conditions, as the Secretary of State considers appropriate.
The Secretary of State must lay a statement of any such guarantee before Parliament immediately after giving the guarantee.
The Secretary of State must lay before Parliament a statement relating to any sum issued for fulfilling such a guarantee.
A statement under subsection (4) must be laid as soon as possible after the end of each financial year—
beginning with that in which the sum is issued, and
ending with that in which all liability in respect of the principal of the sum guaranteed, and of interest on it, is finally discharged.
In respect of any sums issued in fulfilment of a guarantee given under this section, the HCA must make payments to the Secretary of State—
of such amounts as the Secretary of State may direct in or towards repayment of those sums, and
of interest on what is outstanding in respect of those sums, at such rates as the Secretary of State may direct.
Payments under subsection (6) must be made at such times, and in such manner, as the Secretary of State may direct.
The current borrowings of the HCA must not exceed £2,300 million.
The Secretary of State may by order amend subsection (1) so as to specify a greater amount than that for the time being specified there.
But an order under subsection (2) may not specify an amount of more than £3,000 million.
In this section “current borrowings of the HCA” means—
the aggregate amount at any time of—
sums borrowed by the HCA under section 20, and
sums borrowed by subsidiaries of the HCA (other than from the HCA), less
repayments made, or treated as made, in respect of those sums.
In this Part “subsidiary” has the meaning given by section 1159 of the Companies Act 2006 (c. 46).
The HCA may impose charges for, or in connection with, anything done by it by virtue of section 38, 39 or 45.
Any such charges must be of such amounts as the HCA considers to be reasonable.
Subsection (2) applies if the Secretary of State considers that the HCA or any subsidiary of the HCA has a surplus, whether on capital or on revenue account, after making allowance by way of transfer to reserve or otherwise for its future requirements.
The Secretary of State may give a direction to the HCA to pay to the Secretary of State such sum not exceeding the amount of the surplus as may be specified in the direction.
The Secretary of State must consult the HCA before coming to a decision of the kind mentioned in subsection (1) or giving a direction as mentioned in subsection (2).
The Secretary of State may decide to treat the whole or part of any payment under subsection (2) as made— as the Secretary of State may decide.
by way of repayment of such part of the principal of loans under section 21(1), and
in respect of the repayments due at such times,
The Secretary of State may appoint the HCA to act as the agent of the Secretary of State in connection with such financial assistance functions as the Secretary of State may specify.
In subsection (1) “financial assistance functions” means, so far as exercisable in relation to England outside Greater London, functions under sections 126 to 128 of the Housing Grants, Construction and Regeneration Act 1996 (c. 53) (financial assistance for regeneration and development).
An appointment under this section is to be on such terms as the Secretary of State may specify.
The HCA must, if appointed, act as agent in accordance with the terms of its appointment.
The Secretary of State may appoint the HCA to act as the agent of the Secretary of State in connection with such derelict land functions as the Secretary of State may specify.
In subsection (1) “derelict land functions” means functions under— but excluding the powers to make orders under section 1(5) and (7) of that Act.
section 1 of the Derelict Land Act 1982 (c. 42) (grants for reclaiming or improving land or bringing land into use), or
any enactment superseded by that section,
An appointment under this section is to be on such terms as the Secretary of State may specify.
The HCA must, if appointed, act as agent in accordance with the terms of its appointment.
The HCA may carry on any business.
In subsection (1) “business” includes undertaking.
The HCA may, with the consent of the Secretary of State, form, or acquire interests in, bodies corporate.
The HCA may provide such services for communities as it considers appropriate or facilitate the provision of such services.
Subsection (2) applies if the HCA acquires, constructs or converts any housing or other land for use as low cost rental accommodation.
The HCA must ensure that a registered provider of social housing is the landlord of the accommodation when it is made available for rent.
Subsection (4) applies if the HCA disposes of any housing or other land to a person on condition that the person provides low cost rental accommodation (whether in the same or different housing or other land).
The HCA must impose a further condition that a registered provider of social housing is the landlord of the accommodation when it is made available for rent.
Subsection (6) applies if the HCA provides infrastructure to a person on condition that the person provides low cost rental accommodation.
The HCA must impose a further condition ensuring that a registered provider of social housing is the landlord of the accommodation when it is made available for rent.
Subsection (8) applies if the HCA is proposing to give financial assistance on condition that the recipient provides low cost rental accommodation.
The HCA must impose a further condition ensuring that a registered provider of social housing is the landlord of the accommodation when it is made available for rent.
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Subsection (8B) applies if the HCA is proposing to give financial assistance on condition that the recipient provides low cost home ownership accommodation.
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The HCA must consult the Regulator of Social Housing about the proposals.
For the purposes of this section, a person provides low cost rental accommodation ... if (and only if) the person acquires, constructs or converts any housing or other land for use as low cost rental accommodation ... or ensures such acquisition, construction or conversion by another.
In this section—
“ caravan ” has the meaning given by section 29(1) of the Caravan Sites and Control of Development Act 1960 (c. 2),
The HCA may delegate any of its functions to any of its members, committees, sub-committees or staff. Any such committee may delegate any function conferred on it to any sub-committee of the committee or to any staff of the HCA. See also section 42 (agency arrangements of the HCA with urban development corporations).
This paragraph applies if the Secretary of State is proposing to make an order under paragraph 3. The Secretary of State must— In sub-paragraph (2) “the relevant highway authority” means any authority which is a highway authority in relation to the right of way which is proposed to be extinguished by the order. Publication under sub-paragraph (2) must be in such manner as the Secretary of State considers appropriate.
The Secretary of State may treat the objection as irrelevant for the purpose of making a final decision—
if the Secretary of State has considered the grounds of the objection as set out in the original statement and in any further statement, and
so far as the Secretary of State is satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation.
Paragraphs 12 and 13 apply if—
an order under paragraph 3 extinguishing a public right of way is made, and
at the time of the publication of the notice required by paragraph 4 any electronic communications apparatus was kept installed for the purposes of an electronic communications code network under, in, on, over, along or across the land over which the right of way subsisted.
The Secretary of State and the appropriate Minister must, before making a final decision, give the objector an opportunity to appear before, and be heard by, a person appointed for the purpose by the Secretary of State and the appropriate Minister. The Secretary of State and the appropriate Minister must give an opportunity of appearing and being heard on the same occasion to— if the objector takes advantage of the opportunity mentioned in sub-paragraph (1). Sub-paragraphs (1) and (2) do not apply so far as the Secretary of State and the appropriate Minister have the power to proceed under paragraph 24 or 25.
The Secretary of State and the appropriate Minister must cause a public local inquiry to be held in relation to an objection under this Part of this Schedule if the Secretary of State and the appropriate Minister consider that the matters to which the objection relates are such as to require investigation by such an inquiry before the Secretary of State and the appropriate Minister make a final decision. The duty in sub-paragraph (1) is effective despite any other provisions of this Part of this Schedule. The other provisions of this Part of this Schedule are to be ignored if, when the Secretary of State and the appropriate Minister decide to cause an inquiry to be held, effect has not been given to them.
Statutory undertakers must, as soon as possible after making representations of the kind mentioned in paragraph 28(2), proceed as directed by the appropriate Minister. The appropriate Minister may direct the statutory undertakers to do either or both of the following— Publication under sub-paragraph (2) must be in such form and manner as the appropriate Minister may direct.
The appropriate Minister may treat the objection as irrelevant for the purpose of making a final decision—
if the appropriate Minister has considered the grounds of the objection as set out in the original statement and in any further statement, and
so far as the appropriate Minister is satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation.
The appropriate Minister must, immediately after making an order under paragraph 28, proceed under sub-paragraphs (2) and (3). The appropriate Minister must publish a notice stating— The appropriate Minister must serve a copy of the notice on—
Sub-paragraph (2) applies if a person aggrieved by an order under paragraph 28 wishes to question its validity on the ground that— The person may, within 6 weeks beginning with the date on which the notice required by paragraph 36(2) is first published, apply to the High Court. The High Court may, on an application under sub-paragraph (2), make an interim order suspending (whether wholly or in part) the operation of the order under paragraph 28 until the final determination of the proceedings. The operation of the order may be suspended generally or so far as affecting any property of the applicant. The High Court may, on an application under sub-paragraph (2), quash (whether wholly or in part) the order under paragraph 28 if satisfied that— The order under paragraph 28 may be quashed generally or so far as affecting any property of the applicant.
A scheme may include supplementary, incidental, transitional and consequential provision.
The power of the operator of the network to remove the apparatus is exercisable, despite the order, at any time not later than the end of the period of 3 months beginning with the day on which the right of way is extinguished. The power of the operator of the network to remove the whole or any part of the apparatus is exercisable after the end of that period if, before the end of the period, the operator has served notice on the HCA of the operator’s intention to remove the apparatus or (as the case may be) part.
The operator of the network may abandon the electronic communications apparatus, or any part of it, by serving notice to that effect on the HCA not later than the end of the period of 3 months beginning with the day on which the right of way is extinguished. In the absence of such a notice, the operator of the network is to be treated at the end of the period of 3 months as having abandoned any part of the apparatus which, at that time, the operator has neither—
The operator of the network may recover from the HCA the expense of providing any substitute electronic communications apparatus in such other place as the operator may require. In sub-paragraph (1) “substitute electronic communications apparatus” means electronic communications apparatus in substitution for—
Electronic communications apparatus, or any part of it, abandoned by the operator of an electronic communications code network under paragraph 13—
vests in the HCA, and
is deemed, with its abandonment, to cease to be kept installed for the purposes of an electronic communications code network.
For the purposes of this section, a person provides low cost home ownership accommodation if (and only if) the person acquires, constructs or converts any housing or other land for use as low cost home ownership accommodation or ensures such acquisition, construction or conversion by another.
The HCA may, in such events as it may determine, exercise the powers conferred by subsections (2) to (4) in relation to a person who has received social housing assistance.
The HCA may reduce any grant payable by it or restrict any other social housing assistance due from it.
The HCA may suspend or cancel any instalment of any grant payable by it or any aspect of any other social housing assistance due from it.
The HCA may direct the recipient of any social housing assistance given by way of grant to— such amount as the HCA may specify.
apply or appropriate for such purposes of the recipient as the HCA may specify, or
pay to the HCA,
The HCA may not specify an amount which exceeds the recoverable amount.
The recoverable amount is— and for the purposes of paragraph (b) any amounts provided for by virtue of section 33(1) are to be ignored.
the total amount of grant received by the person to whom the direction is given, less
the total of any amounts applied, appropriated or paid in accordance with any previous directions given in respect of that grant under subsection (4),
Subsection (5) is without prejudice to the power of the HCA under section 33(1).
In exercising its powers under subsections (2) to (4) the HCA must act in accordance with such principles as it has determined.
A person who has received social housing assistance must notify the HCA if an event of a kind determined by the HCA under subsection (1) occurs after the assistance has been given.
Such a person must, if required by notice of the HCA, supply the HCA with such particulars of, and information relating to, the event as are specified in the notice.
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The HCA must notify the Regulator of Social Housing at least 14 days before exercising, in relation to a registered provider of social housing, any of the powers conferred by subsections (2) to (4).
Events determined by the HCA under subsection (1), and principles determined by the HCA under subsection (8), must be determined on or before the time the HCA gives the social housing assistance concerned unless they are determined subsequently with the agreement of the recipient of the assistance.
In this Part— and, for the purposes of this Part, a person provides social housing if (and only if) the person acquires, constructs, converts, improves or repairs any housing or other land for use as social housing or ensures such acquisition, construction, conversion, improvement or repair by another.
A direction by the HCA under section 32(4) may require the application, appropriation or payment, in addition to the specified amount, of one or more of the following—
interest on the specified amount,
an amount calculated by reference to any increase in the market value of any housing or other land acquired, constructed, converted, improved or repaired as a result of the grant, and
interest on the amount falling within paragraph (b).
Any direction falling within subsection (1)(a) or (c) must specify—
the applicable rate or rates of interest (whether fixed or variable),
the date from which interest is payable, and
any provision for suspended or reduced interest which is applicable.
The date specified under subsection (2)(b) must not be earlier than the date of the event giving rise to the power to give a direction.
In subsection (2)(c)—
provision for suspended interest means provision to the effect that if the principal amount is applied, appropriated or paid before a date specified in the direction, no interest will be payable for any period after the date of the direction, and
provision for reduced interest means provision to the effect that if the principal amount is so applied, appropriated or paid, any interest payable will be payable at a rate or rates lower than the rate or rates which would otherwise be applicable.
Any direction falling within subsection (1)(b) must specify—
the housing or other land concerned, and
the method of calculating the amount concerned.
Subsection (7) applies if—
social housing assistance has been given to a person, and
at any time the social housing provided as a result of the assistance becomes vested in, or is leased for a term of years to, or reverts to, another person (“the successor”).
Section 32 and this section (including this subsection) have effect in relation to periods after that time as if the assistance, or such element of it as may be determined by the HCA to be appropriate, had been given to the successor.
But subsection (7) does not apply if—
the successor is a person other than a registered provider of social housing, and
at any time since the social housing assistance was given—
a person has enforced a security over the social housing, or
the social housing has been disposed of by a body while it is being wound up or is in administration (which, for this purpose, includes housing administration under Chapter 5 of Part 4 of the Housing and Planning Act 2016).
The matters specified in a direction under subsection (2)(a) to (c) or (5), and the element mentioned in subsection (7), are to be—
such as the HCA, acting in accordance with such principles as it may determine, may specify as being appropriate, or
such as the HCA may determine to be appropriate in the particular case.
Principles determined by the HCA under subsection (8)(a), and determinations by the HCA under subsection (8)(b), must be determined on or before the time the HCA gives the social housing assistance concerned unless they are determined subsequently with the agreement of the recipient of the assistance.
The HCA must not make a general determination under section 32 or 33 without the consent of the Secretary of State.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Regulator of Social Housing, and
such other persons as it considers appropriate.
Subsection (4) applies if a general determination under section 32 or 33 about relevant events relates to social housing assistance given to a registered provider of social housing.
Before making such a determination, the HCA must consult—
the Regulator of Social Housing, and
such other persons as it considers appropriate.
The HCA must, in particular, consult such bodies appearing to it to represent the interests of registered providers of social housing as it considers appropriate.
The HCA must publish a general determination made under section 32 or 33 in such manner as it considers appropriate for bringing the determination to the attention of those affected by it.
A general determination of the HCA under section 32 or 33 may make different provision for different cases or descriptions of case (including different provision for different areas).
For the purposes of subsection (6) descriptions may be framed by reference to any matters whatever.
A determination of the HCA under section 32 or 33 may be varied or revoked by it (subject to any provision as to the time by which such a determination must be made).
In this section—
The HCA must exercise its powers under section 19 to give financial assistance by way of grant to a relevant provider of social housing in respect of any discount given by the provider by virtue of a person exercising the right to acquire conferred by section 180.
to a person exercising the right to acquire conferred by section 180, or
on a disposal of a dwelling in England by the provider to a qualifying tenant otherwise than in pursuance of the right conferred by that section.
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The amount of the grant given by virtue of subsection (1) to a relevant provider of social housing for any year is to be the aggregate value of the discounts given by that provider in that year.
The amount of the grant given by virtue of subsection (1)(b) to a relevant provider of social housing must not exceed the amount of the discount to which the tenant would have been entitled in respect of the other dwelling.
The HCA must specify—
the procedure to be followed in relation to applications for a grant by virtue of this section,
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the manner in which, and time or times at which, a grant by virtue of this section is to be paid,
any other terms or conditions on which such a grant is given.
In this section—
“ long-leasehold interest ”, in relation to a dwelling, means the lessee's interest under a lease of the dwelling granted, for a premium, for a term certain exceeding 21 years;
The Secretary of State may make payments to the HCA by way of grant. Such payments may be made on such terms and conditions as the Secretary of State considers appropriate.
The Secretary of State must proceed under paragraph 6 if— For the purposes of sub-paragraph (1) an objection is properly made if (and only if)— For the purposes of sub-paragraph (1) the matter is otherwise dealt with if (and only if) the Secretary of State—
The Secretary of State may make a final decision without further investigation as to the matters to which the objection relates if—
the Secretary of State—
has considered the grounds of the objection as set out in the original statement and in any further statement, and
is satisfied that, for the purpose of making a final decision, sufficient information is available as to the matters to which the objection relates, or
a further statement has been required under paragraph 6(2) but is not submitted within the required period.
This paragraph applies in relation to any land of the HCA which— Any use of the land is subject to prescribed requirements about the disposal of monuments.
No faculty is required for— in accordance with regulations under this Part of this Schedule. Sub-paragraph (1) is subject to any provision to the contrary made by regulations under this Part of this Schedule.
This paragraph applies if— Any right to which the notice under paragraph 1 relates is extinguished at the end of the period specified for that purpose in the notice. The HCA may— if any requirement of the notice under paragraph 1 as to the removal of the apparatus has not been complied with by the end of the period specified for that purpose in the notice.
The reference in paragraph 1(1)(a) to a protected right vested in, or belonging to, statutory undertakers for the purpose of carrying on their undertaking includes a reference to a protected right conferred by, or in accordance with, the electronic communications code on the operator of an electronic communications code network. The reference in paragraph 1(1)(b) to apparatus vested in, or belonging to, statutory undertakers for the purpose of carrying on their undertaking includes a reference to electronic communications apparatus kept installed for the purposes of any such network. Sub-paragraphs (1) and (2) do not apply where paragraphs 12 and 13 of Part 2 of Schedule 3 apply (orders under paragraph 3 of that Schedule which relate to electronic communications apparatus). Where paragraph 1 has effect as mentioned in sub-paragraphs (1) and (2) above—
This paragraph applies for the purposes of Schedule 29 to FA 2002 (intangible assets). Expressions used in this paragraph have the same meaning as in that Schedule. A transfer between bodies of a chargeable intangible asset is a tax-neutral transfer. An intangible fixed asset which is an existing asset of the transferor at the time of a transfer between bodies is to be treated, on and after the transfer, as an existing asset of the transferee. A transfer to government of a chargeable intangible asset is to be treated as not involving a realisation of the asset by the transferor.
In Schedule 4 to the Public Health Act 1961 (attachment of street lighting equipment to certain buildings), in the first column of the Table, for the words from “Commission” to “1959” substitute “Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008”.
Section 39 of the Land Compensation Act 1973 (duty to rehouse residential occupiers) is amended as follows. In subsection (4)(d) for “Commission for the New Towns” substitute “new towns residuary body”. In subsection (8)— In subsection (9)—
Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) is amended as follows. The Homes and Communities Agency. Omit the entry relating to the Urban Regeneration Agency.
Section 14 of the Rent Act 1977 (landlord’s interest belonging to local authority, etc.) is amended as follows. At the beginning insert “(1)”. In paragraph (d) for “Commission for the New Towns” substitute “English new towns residuary body”. At the end insert—
The Housing Act 1985 is amended as follows.
The Landlord and Tenant Act 1987 is amended as follows.
The Secretary of State must, before making a final decision, consider the grounds of the objection as set out in the statement comprised in, or submitted with, the objection. The Secretary of State may require the objector to submit within a particular period a further written statement as to any of the matters to which the objection relates.
Section 82 (security of tenure: date on which secure tenancy comes to an end as a result of a possession order etc.) is amended as follows. In subsection (1) for “by obtaining an order” substitute “as”. For subsections (1A) and (2) substitute—
Section 42A (service charge contributions to be held in designated account) is amended as follows. In subsection (2)— After subsection (2) insert— In subsection (3)(a)— In subsections (5), (6), (7) and (8) for “this section” substitute “subsection (3)”. After subsection (9) insert— In subsection (10)— After subsection (10) insert— In subsection (11)—
Section 85 (extended discretion of court in certain proceedings for possession) is amended as follows. In subsection (3)(a) omit the words from “or payments” to “profits),”. For subsection (4) substitute— Omit subsections (5) and (5A).
Section 53 (regulations and orders) is amended as follows. In subsection (2)(b) omit “or 42A”. After subsection (2) insert—
In Schedule 3 (grounds for withholding consent to assignment by way of exchange) for Ground 1 substitute—
“strategic authority outside London” means a strategic authority other than the Greater London Authority.
The Compulsory Purchase Act 1965 applies, with the necessary modifications, to the compulsory acquisition of new rights under section 9 as it applies to the compulsory purchase of land. One result is that, in appropriate contexts, references in that Act to land are to be read as referring, or as including references, to— according to the requirements of the particular context.
The Secretary of State may by order extinguish any public right of way over land of the HCA if the Secretary of State is satisfied that—
an alternative right of way has been, or will be, provided, or
the provision of an alternative right of way is not required.
Subject as follows, this Part of this Schedule does not apply to any possession order made before the commencement date. This Part of this Schedule does apply to a possession order made before the commencement date if the order applies to— Paragraphs 3(3) and 8(3) apply to any possession order regardless of when it was made. In determining for the purposes of sub-paragraph (2) whether a tenancy has ended, any ending which was temporary because the tenancy was restored in consequence of a court order is to be ignored. In this paragraph “the commencement date” means the day on which section 299 comes into force for purposes other than the purposes of the Secretary of State or the Welsh Ministers making orders under Part 2 of this Schedule.
Schedule 5 to the Housing Act 1985 (c. 68) (exceptions to the right to buy: final demolition notices) is amended as follows.
The Leasehold Reform, Housing and Urban Development Act 1993 is amended as follows. Omit section 135 (programmes for disposals of dwelling-houses by local authorities). In section 136 (levy on disposals) for subsection (14) substitute— Omit section 137(1) to (3) (disposals: transitional provisions in relation to section 135). The reference to the Secretary of State in subsection (15) of section 136 of the Act of 1993, as inserted by sub-paragraph (3) above, is to be read in the same way as other references to the Secretary of State in that section of that Act.
The Housing (Scotland) Act 1987 is amended as follows.
Paragraph 13 (final demolition notices) is amended as follows. In sub-paragraph (5) (period of validity of final demolition notices)— In sub-paragraph (9) (certain references to landlord to include superior landlord) after “15” insert “(other than paragraph 15(7A)”.
Section 20 (persons having priority on housing list and allocation of housing) is amended as follows. In subsection (1)(b) at the beginning insert “subject to subsection (1A),”. After subsection (1) insert— In subsection (2) for “such housing” substitute “housing falling within subsection (1)”.
Paragraph 15 (extension or revocation etc. of final demolition notices) is amended as follows. Sub-paragraphs (4) to (7) do not apply if the landlord is selling or otherwise transferring his interest as landlord to another person or is offering it for sale or for other transfer. In sub-paragraph (8) (restrictions on service of further notices)— In sub-paragraph (8) “initial demolition notice” has the meaning given by paragraph 1 of Schedule 5A (initial demolition notices).
Section 30 (notification of decision and reasons) is amended as follows. After subsection (3) insert— After subsection (5) insert—
After paragraph 15 insert—
Section 31 (duties to persons found to be homeless) is amended as follows. After subsection (2) insert— In subsection (3)—
In paragraph 16(1) (notices under paragraphs 13 and 15) for “or 15” substitute “, 15 or 15A”.
Section 32 (duties to persons found to be threatened with homelessness) is amended as follows. After subsection (2) insert— In subsection (3) for “In any other case they shall furnish him” substitute “In a case not falling within subsection (2) the local authority shall furnish the applicant”. After subsection (5) insert—
Section 34 (duties to persons whose applications are referred) is amended as follows. For subsection (2) substitute— In subsection (3) for paragraph (a) (but not the “and” after it) substitute—. Omit subsection (6).
In section 35A(2) (right to request review of decision) after paragraph (d) insert—
In section 43 (minor definitions) at the appropriate places insert—
““private accommodation offer” has the meaning assigned to it by section 31(2D);”,
““restricted person” has the meaning assigned to it by section 30(6);”, and
““short assured tenancy” has the same meaning as in Part 2 of the Housing (Scotland) Act 1988;”.
The Secretary of State may by order provide for the HCA to supply such information about— as may be specified or described in the order.
which accommodation provided directly or indirectly by it is to be social housing,
the type of social housing to be so provided, and
the consequences of it being social housing,
An order under this section may, in particular, provide for—
the person or persons to whom the information is to be provided,
the time at which, or period or frequency within which, the information is to be provided,
the form and manner in which the information is to be provided.
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The HCA must co-operate with the Regulator of Social Housing.
In particular, the HCA must consult the regulator on matters likely to interest the regulator.
The HCA must co-operate with the Regulator of Social Housing.
In particular, the HCA must consult the Regulator of Social Housing on matters likely to interest the Regulator.
The HCA may provide services and other assistance in connection with the operation of the Regulator of Social Housing.
The services or assistance which may be provided pursuant to subsection (3) include, but are not limited to—
the provision of accommodation or other facilities;
technical resources; and
the provision of staff.
The HCA may—
publish ideas or information, or
disseminate or promote ideas or information in other ways.
The HCA may undertake research or experimentation.
The HCA may provide other information services.
The HCA may facilitate—
the publication or other dissemination or promotion of ideas or information,
research or experimentation, or
the provision of other information services.
The HCA may provide—
advice, education or training, or
other advisory, education or training services.
The HCA may facilitate the provision of—
advice, education or training, or
other advisory, education or training services.
The HCA may give guidance to such persons as it considers appropriate about any matters relating to its objects.
Before giving guidance under this section, the HCA must consult such persons as it considers appropriate.
As soon as reasonably practicable after giving guidance under this section, the HCA must take such steps as the HCA considers appropriate to bring it to the attention of those affected by it.
The HCA may revoke guidance given under this section.
The HCA—
must, before revoking guidance under this section, consult such persons as it considers appropriate, and
must, as soon as reasonably practicable after the revocation, take such steps as it considers appropriate to bring the revocation to the attention of those affected by it.
References in this section to giving guidance include references to giving guidance by varying existing guidance.
The HCA must ensure that no subsidiary of the HCA engages, without the consent of the Secretary of State, in an activity which the HCA would not be required or permitted to carry on.
The HCA must ensure that no subsidiary of the HCA— without the consent of the Secretary of State.
borrows from a person other than the HCA, or
raises money by the issue of shares or stock to a person other than the HCA,
The HCA may, with the consent of the Secretary of State, appoint an urban development corporation to act as its agent.
The appointment—
may be in connection with any of the functions of the HCA other than its functions in connection with Chapter 3 ..., and
is to be on such terms as may be agreed.
The appointment must specify the functions in connection with which it is made.
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An urban development corporation must act as agent in accordance with the terms of its appointment.
An urban development corporation may arrange for any of its property or staff to be made available to the HCA if—
the purpose is to assist the HCA to exercise any of its functions, and
the HCA asks the urban development corporation to make the property or staff available.
The property or staff are to be made available for such period, and on such other terms, as the urban development corporation considers appropriate.
In this Part “urban development corporation” means a corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980 (c. 65).
The HCA may act with other persons (whether in partnership or otherwise).
The HCA may act as agent for other persons.
The HCA must from time to time consult such representatives of local government as the HCA considers appropriate about how the HCA pursues its objects.
The HCA must from time to time publish a statement about how it proposes to comply with subsection (1).
Before publishing a statement the HCA must consult such persons as it considers appropriate.
The HCA may provide services in support of a project.
The HCA may, in particular—
second staff to the project,
provide consultants or other manpower resources to the project on a temporary basis, or
lend or otherwise provide technical, property or other resources to the project.
The HCA may facilitate the provision of services in support of a project.
The Secretary of State may give guidance to the HCA as to the exercise of any of its functions.
Before giving guidance under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
The Secretary of State must publish any guidance given under this section as soon as reasonably practicable after giving it.
The Secretary of State may revoke guidance given under this section.
The Secretary of State must—
consult, before revoking guidance under this section, such persons as the Secretary of State considers appropriate, and
publish the fact that the guidance has been revoked as soon as reasonably practicable after the revocation.
The HCA must, in exercising its functions, have regard to any guidance for the time being in force under this section.
References in this section to giving guidance include references to giving guidance by varying existing guidance.
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The Secretary of State may give the HCA general or specific directions as to the exercise of any of its functions.
The Secretary of State must publish any directions given by the Secretary of State under this Part as soon as reasonably practicable after giving them.
The Secretary of State—
may revoke any directions given by the Secretary of State under this Part, and
must publish the fact that the directions have been revoked as soon as reasonably practicable after the revocation.
The HCA must comply with any directions of the Secretary of State in force under this Part.
Subsections (2) and (3)(b) do not apply to directions given under section 22 or paragraph 7 of Schedule 1; and this section does not apply to directions given under Schedule 4.
References in this Part to the Secretary of State giving directions include references to the Secretary of State giving directions by varying existing directions.
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Any consent of the Secretary of State required under this Part may be given—
unconditionally or subject to conditions, and
generally or specifically.
The Secretary of State may vary or revoke any such consent except in the case of anything already done, or agreed to be done, on the authority of it.
A variation or revocation under subsection (2) does not have effect until the Secretary of State has served notice of it on the HCA or (as the case may be) the other person to whom the consent is given.
The Urban Regeneration Agency shall cease to exist on such day as the Secretary of State may by order appoint.
The Commission for the New Towns shall cease to exist on such day as the Secretary of State may by order appoint.
Schedule 5 (which transfers Welsh functions of the Commission to the Welsh Ministers and makes other amendments of the New Towns Act 1981 (c. 64)) has effect.
The Secretary of State may make one or more schemes for—
the transfer to the HCA of designated property, rights or liabilities of—
the Urban Regeneration Agency,
the Commission for the New Towns,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., or
a Minister of the Crown, or
the transfer to the Welsh Ministers of designated property, rights or liabilities of—
the Urban Regeneration Agency, or
the Commission for the New Towns.
On the transfer date, the designated property, rights or liabilities are transferred and vest in accordance with the scheme.
Schedule 6 (which makes further provision about the making of schemes) has effect.
In this section and in Schedule 6—
A scheme under this section may not make provision in relation to land which is held by the Secretary of State and was acquired, or is treated as having been acquired, under section 39 of the Forestry Act 1967 (power to acquire land which is suitable for afforestation or purposes connected with forestry).
Schedule 7 makes provision about the tax implications of schemes under this section (and schemes under section 65).
The HCA must, so far as practicable, exercise its powers in relation to— for the purposes of the objects mentioned in section 2(1) or for purposes incidental to those purposes.
any property, rights or liabilities of the Commission for the New Towns transferred to it by virtue of section 51 and Schedule 6,
any property, rights or liabilities of a new town development corporation transferred to it by virtue of section 41 of, and Schedule 10 to, the New Towns Act 1981 (c. 64),
any undertaking, or part of an undertaking, of an urban development corporation transferred to it by virtue of an agreement under section 165 of the Local Government, Planning and Land Act 1980 (c. 65), or
any property, rights or liabilities of an urban development corporation transferred to it by virtue of an order under section 165B of that Act,
But subsection (1) does not apply if the HCA does not consider it appropriate to exercise its powers in this way having regard, in particular, to the purposes for which the transferred property was held by the Commission for the New Towns, the new town development corporation or (as the case may be) the urban development corporation.
In such a case, the HCA must exercise its powers in relation to the transferred property in such a way as it considers appropriate having regard, in particular, to— and the references in this Part to the objects of the HCA are to be read accordingly.
the objects mentioned in section 2(1), and
the purposes for which the transferred property was held by the body concerned,
In this section—
The Secretary of State may by notice require the Urban Regeneration Agency or the Commission for the New Towns to provide staff, premises, facilities or other assistance on a temporary basis to—
the HCA, or
the Welsh Ministers.
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This section is without prejudice to the power of the Secretary of State under section 322(1).
The Secretary of State may at any time make one or more schemes for the transfer to the HCA of designated property, rights or liabilities of a specified public body.
In subsection (1) “specified public body” means a public body which is for the time being specified, or of a description specified, by regulations made by the Secretary of State.
On the date specified by a scheme as the date on which the scheme is to have effect, the designated property, rights or liabilities are transferred and vest in accordance with the scheme.
Schedule 6 applies to a scheme under this section.
there has been a failure of the kind mentioned in subsection (1) or (3), or
a direction of the kind mentioned in subsection (2) has been given or complied with.
The Secretary of State may not make a scheme under this section unless the specified public body to which the scheme relates has consented to its provisions.
A scheme under this section may not make provision in relation to land which is held by the Secretary of State and was acquired, or is treated as having been acquired, under section 39 of the Forestry Act 1967 (power to acquire land which is suitable for afforestation or purposes connected with forestry).
the HCA, or
a person claiming under the HCA,
In this section— “designated”, in relation to a scheme, means specified in or determined in accordance with the scheme; “public body” means a person or body with functions of a public nature.
This section and section 53B bind the Crown, but do not have effect in relation to property, rights or liabilities belonging to—
Her Majesty in right of the Crown,
Her Majesty in right of Her private estates,
Her Majesty in right of the Duchy of Lancaster, or
the Duchy of Cornwall.
The reference in subsection (8) to Her Majesty's private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862.
Any notice required or authorised under this Part to be served on any person may be served by—
delivering it to the person,
leaving it at the person's proper address, or
sending it by post to the person at that address.
Any such notice may—
in the case of a body corporate, be served in accordance with subsection (1) on an officer of the body, and
in the case of a partnership, be served in accordance with subsection (1) on a partner or a person having the control or management of the partnership business.
For the purposes of this section and section 7 of the Interpretation Act 1978 (c. 30) (service of documents by post) in its application to this section, the proper address of any person on whom a notice is to be served is the person's last known address except as follows.
For the purposes of this section and section 7 of the Act of 1978 in its application to this section, the proper address is—
in the case of service on a body corporate or an officer of the body, the address of the registered or principal office of the body, and
in the case of service on a partnership, a partner or a person having the control or management of the partnership business, the address of the principal office of the partnership.
For the purposes of subsection (4) the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.
Subsection (7) applies if a person to be served under this Part with a notice has specified an address within the United Kingdom other than the person's proper address (as decided under subsections (3) and (4)) as the one at which the person, or someone on the person's behalf, will accept documents of the same description as the notice.
The specified address is also to be treated for the purposes of this section and section 7 of the Act of 1978 in its application to this section as the person's proper address.
Subsection (9) applies if the name or address of any owner, lessee or occupier of land on whom a notice is to be served under this Part cannot, after reasonable inquiry, be ascertained.
The notice may be served by—
leaving it in the hands of a person who is, or appears to be, resident or employed on the land, or
leaving it conspicuously affixed to a building or object on the land.
Any notice required or authorised under this Part to be served on any person may be served on the person by transmitting the text of the notice to the person by means of an electronic communications network or by other means but while in electronic form provided the text is received by the person in legible form and is capable of being used for subsequent reference.
In this section— and references to serving include references to similar expressions (such as giving or sending).
The Treasury may by regulations make provision for varying the way in which a relevant tax has effect from time to time in relation to—
any property, rights or liabilities transferred in accordance with a transfer scheme under section 53A, or
anything done for the purposes of, or in relation to, or in consequence of, the transfer of any property, rights or liabilities in accordance with such a transfer scheme.
The provision that may be made under subsection (1)(a) includes, in particular, provision for—
a tax provision not to apply, or to apply with modifications, in relation to any property, rights or liabilities transferred;
any property, rights or liabilities transferred to be treated in a specified way for the purposes of a tax provision;
the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to any property, rights or liabilities transferred.
The provision that may be made under subsection (1)(b) includes, in particular, provision for—
a tax provision not to apply, or to apply with modifications, in relation to anything done for the purposes of, or in relation to, or in consequence of, the transfer;
anything done for the purposes of, or in relation to, or in consequence of, the transfer to have or not to have a specified consequence or be treated in a specified way;
the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything done for the purposes of, or in relation to, or in consequence of, the transfer.
In this section— “relevant tax” means income tax, corporation tax, capital gains tax, stamp duty, stamp duty land tax or stamp duty reserve tax; “tax provision” means a provision of an enactment about a relevant tax.
References in this section to the transfer of property, rights or liabilities in accordance with a transfer scheme under section 53A include references to— (and “transferred”, in relation to property, rights or liabilities, is to be read accordingly).
the creation of interests, rights or liabilities under the scheme, and
the modification of interests, rights or liabilities under the scheme,
Schedule 8 (which contains amendments of enactments) has effect.
A transaction between a person and the HCA is not invalid merely because of a failure by the HCA to exercise its powers for the purposes mentioned in sections 3 and 4(2).
A transaction between a person and the HCA is not invalid merely because it was carried out in contravention of a direction under section 47.
A transaction between a person and a subsidiary of the HCA is not invalid merely because of a failure by the HCA to comply with section 41(1) or (2).
A person entering into a transaction with the HCA or a subsidiary of the HCA need not be concerned as to whether—
A disposal of land by the HCA is not invalid merely because any consent required by section 10(1) or (3) has not been given.
A person dealing with— in relation to any land need not be concerned as to whether any consent required by section 10(1) or (3) has been given.
In this Part—
“relevant interest”, in relation to a residential property, means—
Section 1
“purchaser”, in relation to a residential property, means a person who has—
The HCA may pay to its members such remuneration and such allowances as the Secretary of State may decide. The HCA may— Sub-paragraph (4) applies if— The Secretary of State may require the HCA to pay the person such amount as the Secretary of State may decide.
The HCA may establish one or more committees. A committee may establish one or more sub-committees. A member, or member of staff, of the HCA may be a member of a committee or sub-committee. Other persons may be members of committees or sub-committees but only with the approval, in each case, of the Secretary of State. No committee or sub-committee may consist exclusively of other persons. The members of a sub-committee of a committee may include persons who are not members of the committee. The HCA may pay such remuneration and such allowances as the Secretary of State may decide to any person who— The HCA may dissolve a committee or sub-committee.
For each financial year, the HCA must— The Secretary of State must lay before Parliament a copy of each report received under sub-paragraph (1).
The Acquisition of Land Act 1981 applies to the compulsory acquisition of land under section 9 with the following modification. The reference in section 17(3) of that Act (local authority and statutory undertakers' land) to statutory undertakers includes a reference to the HCA and a strategic authority outside London (whether the power of compulsory acquisition is being exercised by the strategic authority or a mayor for its area).
Part 1 of the Act of 1965 applies to the compulsory acquisition of new rights under section 9 with the modifications specified in paragraphs 10 to 15. Sub-paragraph (1) is without prejudice to the generality of paragraph 8.
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This paragraph applies in relation to any land of the HCA which consists in, or forms part of, a burial ground. The HCA may use the land in any way which accords with planning permission despite— But sub-paragraph (2) does not apply in relation to any land which has been used for the burial of the dead until prescribed requirements about the removal and reinterment of human remains and the disposal of monuments have been complied with in relation to the land.
Regulations under this Part of this Schedule must secure that any use of land which is subject to compliance with the regulations is (so far as possible) subject to an appropriate level of control. For the purposes of sub-paragraph (1) an appropriate level of control is the same control— Regulations under this Part of this Schedule must impose such requirements in relation to the disposal of the land as the Secretary of State considers appropriate to secure that the requirements and other provisions in the regulations about the use of the land are complied with. Regulations made for the purposes of paragraphs 19 to 21 may, in particular, include incidental or consequential provision about the closing of registers.
Section 25 of the Burial Act 1857 (c. 81) (which prohibits the removal of human remains without the licence of the Secretary of State except in certain cases) does not apply to a removal of human remains carried out in accordance with regulations under this Part of this Schedule.
Sub-paragraph (2) applies if the HCA serves a notice under paragraph 1 on statutory undertakers. The statutory undertakers may, before the end of the period of 28 days beginning with the date of the service of the notice, serve a counter-notice on the HCA. The counter-notice is a notice stating that the statutory undertakers object to all or any provisions of the notice under paragraph 1. The counter-notice must also specify the grounds of their objection.
The appropriate Minister must, before making a final decision, give the objector an opportunity to appear before, and be heard by, a person appointed for the purpose by the appropriate Minister. The appropriate Minister must give an opportunity of appearing and being heard on the same occasion to— if the objector takes advantage of the opportunity mentioned in sub-paragraph (1). Sub-paragraphs (1) and (2) do not apply so far as the appropriate Minister has the power to proceed under paragraph 33 or 34.
The appropriate Minister may cause a public local inquiry to be held in relation to an objection under this Part of this Schedule if the appropriate Minister considers that the matters to which the objection relates are such as to require investigation by such an inquiry before the appropriate Minister makes a final decision. The power in sub-paragraph (1) is effective despite any other provisions of this Part of this Schedule. The other provisions of this Part of this Schedule are to be ignored if, when the Secretary of State decides to cause an inquiry to be held, effect has not been given to them.
An order under paragraph 28 is subject to special parliamentary procedure if any objection to the making of the order is properly made and not withdrawn before the order is made. Sub-paragraph (2) of paragraph 30 applies for the purposes of sub-paragraph (1) above as it applies for the purposes of sub-paragraph (1) of that paragraph.
In this Schedule— In this Schedule, in relation to an order, any reference to making a final decision is a reference to deciding whether to make the order or what modification (if any) ought to be made.
Section 219 of the Highways Act 1980 (payments to be made by owners of new buildings in respect of street works) is amended as follows. In subsection (4)(i)(iii), for “Commission for the New Towns” substitute “new towns residuary body”. After subsection (4A) insert—
section 19 of the Housing and Regeneration Act 2008 (financial assistance) which was a grant made on condition that the housing association provides social housing (and “provides social housing” has the same meaning as in Part 1 of that Act).
In section 376(4) of the Income and Corporation Taxes Act 1988 (qualifying borrowers and qualifying lenders) for paragraph (j) substitute—.
In section 37 of the Planning and Compulsory Purchase Act 2004 (interpretation of Part 2), after subsection (5), insert—
Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) is amended as follows. Office for Tenants and Social Landlords. Omit the entry for the Housing Corporation.
In Schedule 16 to the Local Government, Planning and Land Act 1980 (bodies to whom Part X applies) for paragraph 9 substitute—
The Audit Commission Act 1998 is amended as follows.
Sub-paragraph (2) applies if, within the period specified under paragraph 1(c) (or that period as extended under paragraph 3(2)), the recipient of the penalty charge notice gives notice to the enforcement authority requesting a review. The enforcement authority must— A notice under sub-paragraph (2)(c) confirming the penalty charge notice must also state the effect of paragraph 6(1) to (4). The enforcement authority must withdraw the penalty charge notice if it is not satisfied of one (or more) of the following—
The new tenancy is to be—
a secure tenancy if—
the original tenancy was a secure tenancy, or
the original tenancy was an introductory tenancy but no election by the ex-landlord under section 124 of the Housing Act 1996 (c. 52) is in force on the day on which the new tenancy arises,
an assured shorthold tenancy if the original tenancy was an assured shorthold tenancy,
an assured tenancy which is not an assured shorthold tenancy if the original tenancy was a tenancy of that kind,
an introductory tenancy if the original tenancy was an introductory tenancy and an election by the ex-landlord under section 124 of the Housing Act 1996 is in force on the day on which the new tenancy arises,
a demoted tenancy to which section 20B of the Housing Act 1988 (c. 50) applies if the original tenancy was a demoted tenancy of that kind, and
a demoted tenancy to which section 143A of the Housing Act 1996 applies if the original tenancy was a demoted tenancy of that kind.
The fact that— is not to be taken to mean that the consultation requirements were not complied with. The consultation requirements are—
In determining for the purposes of this Part of this Schedule whether a tenancy has ended, any ending which was temporary because the tenancy was restored in consequence of a court order is to be ignored.
This Schedule does not apply to notices served before the coming into force of the Schedule.
The HCA must keep proper accounts and proper records in relation to the accounts. For each financial year, the HCA must— The statement must be in such form as the Secretary of State may direct. The Comptroller and Auditor General must— The Secretary of State must lay before Parliament a copy of each statement and report received under sub-paragraph (4).
Schedule 3 to the Act of 1981 applies to the compulsory acquisition of new rights under section 9 with the following modification. The reference in paragraph 4(3) of that Schedule to statutory undertakers includes a reference to the HCA and a strategic authority outside London (whether the power of compulsory acquisition is being exercised by the strategic authority or a mayor for its area).
Section 7 (measure of compensation) of the Act of 1965 is to be read as if for that section there were substituted—
For section 40 substitute—
The enforcement authority may give the recipient of a penalty charge notice a notice withdrawing the penalty charge notice if the authority considers that the penalty charge notice ought not to have been given.
The new tenancy is, subject as follows, to have effect on the same terms and conditions as those applicable to the original tenancy immediately before it ended. The terms and conditions of the new tenancy are to be treated as modified so as to reflect, so far as applicable, any changes made during the termination period to the level of payments for the ex-tenant’s occupation of the dwelling-house or to the other terms and conditions of the occupation. The terms and conditions of the new tenancy are to be treated as modified so that any outstanding liabilities owed by the ex-tenant to the ex-landlord in respect of payments for the ex-tenant’s occupation of the dwelling-house during the termination period are liabilities in respect of rent under the new tenancy. The appropriate national authority may by order provide for other modifications of the terms and conditions of the new tenancy. Nothing in sub-paragraphs (2) to (4) is to be read as permitting modifications of the new tenancy which would not have been possible if the original tenancy had remained a tenancy throughout the termination period. The terms and conditions of a new secure tenancy which arises by virtue of paragraph 17(a)(ii) are to be treated as modified so far as necessary to reflect the fact that the new tenancy is a secure tenancy and not an introductory tenancy.
In this Part of this Schedule— For the purposes of the definition of “appropriate national authority” in sub-paragraph (1) a dwelling-house which is partly in England and partly in Wales is to be treated—
The HCA must provide the Secretary of State with such information as the Secretary of State may require relating to the HCA's property or to the exercise or proposed exercise of its functions. The HCA must—
Section 8(1) of the Compulsory Purchase Act 1965 has effect as if references to acquiring land were to acquiring a right in the land, and Schedule 2A to that Act is to be read as if, for that Schedule, there were substituted—
Omit sections 41 to 41B (functions in relation to registered social landlords).
Any provision which is made by or under an enactment and relates to a secure tenancy, assured tenancy, introductory tenancy or demoted tenancy applies, subject as follows, to a new tenancy of a corresponding kind. Any such provision which relates to an introductory tenancy applies to a new tenancy which is an introductory tenancy as if the trial period mentioned in section 125(2) of the Housing Act 1996 (c. 52) were the period of one year beginning with the day on which the new tenancy arises. Any such provision which relates to a demoted tenancy applies to a new tenancy which is a demoted tenancy as if the demotion period mentioned in section 20B(2) of the Housing Act 1988 (c. 50) or section 143B(1) of the Housing Act 1996 were the period of one year beginning with the day on which the new tenancy arises. The appropriate national authority may by order modify any provision made by or under an enactment in its application to a new tenancy.
The provisions of the Act of 1965 mentioned in sub-paragraph (2) (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land) are to be read as if they were modified in accordance with sub-paragraph (3). The provisions are— The provisions are to be read as if they were modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be acquired compulsorily is vested absolutely in the acquiring authority.
Section 41C (advice and assistance for registered social landlords) is amended as follows. In subsection (1)— In the heading for “registered social landlords” substitute “registered providers of social housing”.
Section 11 of the Act of 1965 (powers of entry) is to be read as if it were modified so as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right, the acquiring authority has power to enter for the purpose of exercising that right. For the purposes of sub-paragraph (1)— Sections 12 (penalty for unauthorised entry) and 13 (entry on sheriff's warrant in the event of obstruction) of the Act of 1965 are to be read as if modified correspondingly.
Omit section 43 (meaning of “registered social landlord”).
Section 20 of the Act of 1965 (compensation for short-term tenants) is to be read as if it were modified so as to secure that persons with such interests as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory purchase of the interests but taking into account only the extent (if any) of such interference with such interests as is actually caused, or likely to be caused, by the exercise of the right concerned.
In section 49(2A) (disclosure of information) for the words from “such information” to “except where” substitute “such information in any circumstances unless”.
Section 22 of the Act of 1965 (protection of acquiring authority's possession of land where by inadvertence an interest in the land has not been purchased) is to be read as if it were modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right concerned, subject to compliance with that section as respects compensation.
In Schedule 1 (the Audit Commission) omit—
paragraph 8(2)(c) and (ca), and
paragraph 8A.
In paragraph 3 of Schedule 2A (interaction with other authorities) omit—
paragraph (a) of the definition of “Audit Commission inspection”, and
paragraph (e) of the definition of “national studies functions”.
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“mayor and cabinet executive” (section 9C(2)).
The Secretary of State must serve notice on the operator of an electronic communications code network of the making of an order under paragraph 3 if the order extinguishes a public right of way in circumstances in which paragraphs 12 and 13 apply in relation to the operator. The notice must be served as soon as practicable after the making of the order.
This paragraph applies in relation to any land of the HCA which— The HCA or any other person may use the land in any way which accords with planning permission despite any obligation or restriction imposed under ecclesiastical law or otherwise in respect of consecrated land. But any such use of the land is subject to— Prohibitions or restrictions prescribed under sub-paragraph (3)(b) may be absolute or until a prescribed consent is obtained.
Regulations under this Part of this Schedule about the removal and reinterment of human remains and the disposal of monuments must require the persons in whom the land is vested to publish notice of their intention to carry out the removal and reinterment of any human remains or the disposal of any monuments. Regulations under this Part of this Schedule about the removal and reinterment of human remains and the disposal of monuments must make provision for— Regulations under this Part of this Schedule about the removal and reinterment of human remains and the disposal of monuments must require compliance with such reasonable conditions (if any) as may be imposed, in the case of consecrated land, by the bishop of the diocese, in relation to— Regulations under this Part of this Schedule about the removal and reinterment of human remains must require compliance with any directions given in any case by the Secretary of State in relation to the removal and reinterment of any human remains.
In this Part of this Schedule— Any power conferred by paragraph 19(2) or 20(2) to use land is to be read as a power to use the land, whether or not it involves—
The Secretary of State and the appropriate Minister may by order provide for an extension or modification of the functions of particular statutory undertakers if conditions 1 and 2 are met. Condition 1 is that the statutory undertakers have made representations on the subject to the Secretary of State and the appropriate Minister. Condition 2 is that the Secretary of State and the appropriate Minister consider it appropriate to extend or modify the functions of the statutory undertakers— The acts and events are— In this Part of this Schedule “relevant land” means land in respect of which any of the functions of the HCA under this Part of this Act are being, or have been, exercised.
Statutory undertakers must, as soon as possible after making representations of the kind mentioned in paragraph 16(2), publish a notice— The notice must be published in such form and manner as the Secretary of State and the appropriate Minister may direct. The statutory undertakers must also serve a copy of the notice on such persons, or descriptions of persons, as the Secretary of State and the appropriate Minister may direct if the Secretary of State and the appropriate Minister direct that a copy is to be served.
The Secretary of State and the appropriate Minister may treat the objection as irrelevant for the purpose of making a final decision—
if the Secretary of State and the appropriate Minister have considered the grounds of the objection as set out in the original statement and in any further statement, and
so far as the Secretary of State and the appropriate Minister are satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation.
Orders under paragraph 16 or 17 are subject to special parliamentary procedure.
Office for Tenants and Social Landlords.
In paragraph 52 of Part 1 of Schedule 1A to the Race Relations Act 1976 (bodies and other persons subject to general statutory duty) for “Housing Corporation” substitute “Office for Tenants and Social Landlords”.
In section 24A(2) of the Inheritance Tax Act 1984 (gifts to housing associations) before paragraph (a) insert—.
Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities) is amended as follows. Office for Tenants and Social Landlords. Omit the entry for the Housing Corporation.
In section 555 of the Income Tax Act 2007 (transactions with substantial donors: exceptions)—
in subsections (2) and (3) for “registered social landlord or housing association” substitute “relevant housing provider”, and
in subsection (3) after “body” insert “which is a non-profit registered provider of social housing or which is”.
The Housing Act 1985 is amended as follows. In section 34 (consents in relation to disposals of land held for housing purposes)— In section 43 (consent required for certain disposals not within section 32)—
The Housing Act 1996 is amended as follows. In section 51(2)(b) (schemes for investigation of complaints) for “a qualifying disposal” substitute—. In paragraph 5(1)(b) of Part 2 of Schedule 1 (constitution, change of rules, amalgamation and dissolution: restriction on power of removal in case of registered charity) for “a qualifying disposal” substitute—. In paragraph 28(1)(b) of Part 4 of Schedule 1 (inquiry into affairs of registered social landlords: availability of powers in relation to registered charities) for “a qualifying disposal” substitute—.
The HCA must, as soon as possible after making representations of the kind mentioned in paragraph 17(2), publish a notice— The notice must be published in such form and manner as the Secretary of State and the appropriate Minister may direct. The HCA must also serve a copy of the notice on such persons, or descriptions of persons, as the Secretary of State and the appropriate Minister may direct if the Secretary of State and the appropriate Minister direct that a copy is to be served.
Section 9(6)
The provisions of Part 1 of the Compulsory Purchase Act 1965 (c. 56) (other than section 31) apply, so far as applicable, to the acquisition by the HCA or a strategic authority outside London of land by agreement. In that Part as so applied “land” has the same meaning as in this Part of this Act.
Section 11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State must, before making a final decision, give the objector an opportunity to appear before, and be heard by, a person appointed for the purpose by the Secretary of State. Sub-paragraph (3) applies if the objector takes advantage of this opportunity. The Secretary of State must give an opportunity of appearing and being heard on the same occasion as the objector to— Sub-paragraphs (1) to (3) do not apply so far as the Secretary of State has the power to proceed under paragraph 8 or 9.
The Secretary of State must cause a public local inquiry to be held in relation to an objection to a proposal to make an order under paragraph 3 if the Secretary of State considers that the matters to which the objection relates are such as to require investigation by such an inquiry before the Secretary of State makes a final decision. The duty in sub-paragraph (1) is effective despite any other provisions of paragraphs 4 to 9. The other provisions of those paragraphs are to be ignored if no effect has been given to them when the Secretary of State decides to cause an inquiry to be held.
The power of the Secretary of State to make orders under paragraph 3 includes power to—
vary or revoke such orders, and
make supplementary, incidental, consequential, transitional, transitory or saving provision.
The Leasehold Reform, Housing and Urban Development Act 1993 is amended as follows.
In this Part of this Schedule, in relation to an order, any reference to making a final decision is a reference to deciding whether to make the order or what modification (if any) ought to be made.
Section 78 (management audits) is amended as follows. In subsection (4) for paragraphs (a) and (b), and the “and” following paragraph (b), substitute—. After subsection (5) insert— After subsection (6) insert—
In section 79(2)(a) (rights exercisable in connection with management audits)—
for the words from “the matters” to “supplied” substitute “information required to be provided”, and
for “under” substitute “by virtue of”.
Section 12
Section 50
The New Towns Act 1981 (c. 64) is amended as follows.
For the heading to Part 2 substitute “Transfers from and dissolution of development corporations etc.”.
For the italic heading before section 35 substitute “Functions of Welsh Ministers in relation to certain transferred property”.
Omit section 35 (establishment of Commission for the New Towns).
Section 36 (functions of Commission) is amended as follows. For the heading substitute “Functions of Welsh Ministers”. For subsection (1) substitute— Omit subsections (3) and (3A). In subsection (4)— In subsection (4A)(a) for “Commission by order under section 165B” substitute “Welsh Ministers by order under section 165A”.
Omit sections 37 (restrictions on functions of Commission) and 38 (local authorities and work for the Commission).
Section 39 (power of development corporations to transfer undertakings) is amended as follows. In subsection (1) for “Secretary of State” substitute “appropriate national authority”. In subsection (2) for “Secretary of State” substitute “appropriate national authority”. In subsection (2A) for “in relation to Wales” substitute “in the case of a development corporation established by the Welsh Ministers”. In subsection (3) for “Secretary of State” substitute “appropriate national authority”. In subsection (4)— In subsection (5)— For subsection (5A) substitute—
Section 41 (transfer of property to Commission and dissolution of corporation) is amended as follows. In the heading, omit “to Commission”. In subsection (1)— In subsection (1A) for “in relation to Wales” substitute “in the case of a development corporation established by the Welsh Ministers”. In subsection (2)— In subsection (4) for “Secretary of State” substitute “appropriate national authority”. In subsection (5) for “Commission” substitute “relevant transferee”.
After section 41 insert—
Section 58 (advances to development corporations and Commission) is amended as follows. In the heading, omit “and Commission”. Omit subsections (5) and (6).
Section 58A (grants to development corporations and Commission) is amended as follows. In the heading, omit “and Commission”. Omit subsections (4) and (5).
Section 59 (other borrowing powers of development corporations and Commission) is amended as follows. In the heading, omit “and Commission”. In subsection (1)— In subsection (2)—
Section 60 (limit on borrowing by development corporations and Commission) is amended as follows. In the heading, omit “and Commission”. In subsection (1)— Omit subsection (4).
Section 61 (provisions supplemental to section 58) is amended as follows. In subsection (1) for from the beginning of paragraph (a) to the end of paragraph (b) substitute “to a development corporation under section 58(1) above”. In subsection (2) omit “, (5) or (6)”.
Section 62 (Treasury guarantees) is amended as follows. In subsection (1) for “or the Commission borrow” substitute “borrows”. In subsection (5) for the words from “or by the Commission” to “(as the case may be)” substitute “, the corporation”.
Omit section 62B (power to suspend loan obligations of development corporations and Commission).
Section 63 (Secretary of State’s general power) is amended as follows. In subsection (1) omit “or the Commission”. In subsection (2) omit “or the Commission, as the case may be”.
Section 65 (disposal of surplus funds) is amended as follows. In subsection (1) for the words from “, and with the Commission” to the end substitute “and any development corporation, that the corporation has a surplus whether on capital or on revenue account after making allowance by way of transfer to reserve or otherwise for its future requirements”. In subsection (2) for “The Commission or that corporation, as the case may be,” substitute “That corporation”.
In section 66(1) (payments under sections 63 and 65 treated as repayments) for paragraph (a) and the “and” following it substitute—.
Section 67 (accounts of Commission and development corporations) is amended as follows. In the heading, omit “Commission and”. In subsection (1)— Omit subsection (1A). In subsection (2)— In subsection (3)—
Section 68 (audit) is amended as follows. In subsection (1)— Omit subsection (2A). In subsection (3)—
Section 69 (Secretary of State’s accounts) is amended as follows. In subsection (1)— In subsection (2), omit paragraph (a) and the “and” following it.
Section 70 (reports) is amended as follows. Omit paragraph (a). Omit “of the Commission or”.
Section 71 (information) is amended as follows. In subsection (1)— In subsection (2)—
In section 72(1)(a) (application and exclusion of certain enactments: section 12 of the Finance Act 1895 (c. 16)) omit “or from the Commission”.
In section 74(3) (local inquiries) for “sections 37, 40 and 41” substitute “sections 40 and 41”.
In section 77(3) (regulations and orders to be made by statutory instrument) omit “and paragraph 7 of Schedule 9 to this Act”.
In section 80(1) (general interpretation provisions)—
omit the definition of “the Commission”, and
in the definition of “financial year”, omit “or the Commission”.
In section 82 (short title, extent and commencement)—
in subsection (2)(c) for “1, 2 and 12” substitute “1 and 2”, and
in subsection (3) omit “paragraph 12 of Schedule 11, and”.
Omit Schedule 9 (additional provisions as to the Commission).
Schedule 10 (additional provisions as to transfer to Commission of property of development corporation) is amended as follows. In the heading, omit “to Commission”. In paragraph 1— In paragraph 2— In paragraph 3— Omit paragraph 4. In paragraph 5—
Schedule 11 (saving and transitional provisions) is amended as follows. In the italic heading before paragraph 3, omit “to Commission and”. Omit paragraphs 3 and 5. Omit paragraph 12 and the italic heading before it.
Sections 51(3) and 65(3)
Sections 51(5), 65(5)
Section 56
Section 277
Section 285(3)
Section 299
Section 303
Section 305
Section 311
Section 314
Section 321(1) Title Extent of repeal or revocation Parliamentary Commissioner Act 1967 (c. 13) In Schedule 2, the entry for the Housing Corporation and the entries for, and Notes relating to, the Commission for the New Towns and the Urban Regeneration Agency. Leasehold Reform Act 1967 (c. 88) In section 1— in subsections (1)(a) and (1A), the words “at a low rent”, in subsection (3A)(b), the words “, 1AA”. Section 1A(2). Section 1AA. Section 4A. In section 9(1C), the words “, 1AA”. In section 9A(1), the words “, 1AA”. In section 32A(1)(b), the words “or if section 1AA above were not in force”. In Schedule 3, paragraph 6(1A). In Schedule 4, in paragraph 4, the words from “be authorised” to “Government to”. National Loans Act 1968 (c. 13) In Schedule 1, in the entry relating to the New Towns Act 1981 (c. 64)— in column 1, the words “(5)(6)”, in column 2, the words “and the Commission for the New Towns”. Local Government Act 1974 (c. 7) Section 25(1)(ba). Section 26(7)(a). Statutory Corporations (Financial Provisions) Act 1974 (c. 8) In section 4(2), the words “and of the Commission for the New Towns”. House of Commons Disqualification Act 1975 (c. 24) In Part 2 of Schedule 1, the entries relating to the Commission for the New Towns, the Housing Corporation and the Urban Regeneration Agency. Northern Ireland Assembly Disqualification Act 1975 (c. 25) In Part 2 of Schedule 1, the entry relating to the Urban Regeneration Agency. Race Relations Act 1976 (c. 74) In Part 2 of Schedule 1A, the entry relating to English Partnerships. Local Government, Planning and Land Act 1980 (c. 65) Section 4(4)(b). In section 99(4)(e), the words “the Commission for the New Towns,”. In Schedule 16, paragraph 6. New Towns Act 1981 (c. 64) Section 35. In section 36— subsections (3) and (3A), in subsection (4), the words from “; nor shall any” to the end. Section 37. Section 38. In section 41, in the heading, the words “to Commission”. In section 58— in the heading, the words “and Commission”, subsections (5) and (6). In section 58A— in the heading, the words “and Commission”, subsections (4) and (5). In section 59— in the heading, the words “and Commission”, in subsection (1), the words “or the Commission” where they first appear, in subsection (2), the words “or the Commission”. In section 60— in the heading, the words “and Commission”, in subsection (1), paragraph (c) and the word “and” following it, subsection (4). In section 61(2), the words “, (5) or (6)”. Section 62B. In section 63— in subsection (1), the words “or the Commission”, in subsection (2), the words “or the Commission, as the case may be”. In section 67— in the heading, the words “Commission and”, in subsection (1), the words “The Commission and”, in subsection (1)(b), the word “respectively”, also in subsection (1), the words from “being, in the Commission’s case” in paragraph (b) to the end of the subsection, subsection (1A), in subsection (2), the words “of the Commission and”, >in subsection (2), wherever appearing, the words “or the Commission”, in subsection (3), the words “the Commission or”. In section 68— in subsection (1), the words from “of the Commission” to “and the accounts”, in subsection (1), the words “Commission or”, subsection (2A). In section 69— in subsection (1), paragraph (a) and the word “and” following it, in subsection (1), the words from “and directions under” to the end, in subsection (2), paragraph (a) and the word “and” following it. In section 70— paragraph (a), the words “of the Commission or”. In section 71(2), the words “the Commission and”. In section 72(1)(a), the words “or from the Commission”. In section 77(3), the words “and paragraph 7 of Schedule 9 to this Act”. In section 80(1)— the definition of “the Commission”, n the definition of “financial year”, the words “or the Commission”. In section 82(3), the words “paragraph 12 of Schedule 11, and”. Schedule 9. In Schedule 10— in the heading, the words “to Commission”, paragraph 4, paragraph 5(1). In Schedule 11— in the italic heading before paragraph 3, the words “to Commission and”, paragraphs 3 and 5, paragraph 12 and the italic heading before it. Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66) In section 15, the words from “or under subsection (1)” to “similar provision)”. In Schedule 2, in paragraph 1, the words from “or under subsection (1)” to “contains similar provision)”. Mobile Homes Act 1983 (c. 34) In section 5(1), in the definition of “protected site”, the words from “does not include” to “that,”. Building Act 1984 (c. 55) In section 35A— in the heading the word “certain”, subsections (2), (3) and (6). New Towns and Urban Development Corporations Act 1985 (c. 5) Section 1(3) and (4). Section 2. In Schedule 3, paragraphs 3, 5, 6(b), 8(b), 12(1)(b) and 16. Housing Act 1985 (c. 68) In section 85— in subsection (3)(a), the words from “or payments” to “profits),”, subsections (5) and (5A). In section 125D(2), the word “and” following paragraph (a). In section 128(2), the words “, or as the case may be re-determined,”. In section 136(2), the word “and” following paragraph (a). Section 156(5) and (6). In Schedule 5, in paragraph 13(5), the word “and” following paragraph (a). Housing Associations Act 1985 (c. 69) In section 10(2), paragraph (e) and the word “or” before it. Section 33A. Landlord and Tenant Act 1985 (c. 70) Section 28. In section 39, the entry in the Table for “qualified accountant”. Housing (Scotland) Act 1987 (c. 26) Section 34(6). Landlord and Tenant Act 1987 (c. 31) In section 53(2)(b), the words “or 42A”. In section 58(1)(b), the words “the Commission for the New Towns or”. In Schedule 2, paragraph 9 and the italic heading before it. Housing Act 1988 (c. 50) In section 9— in subsection (3), the words from “or payments” to “profits)”, subsections (5) and (5A). In the italic heading before section 50, the words “: functions of Relevant Authority”. Sections 50 and 51. Section 81(6). Section 133(6). In Schedule 6, paragraphs 7(3) and 24. Local Government and Housing Act 1989 (c. 42) In section 172(8), in the definition of “new town corporation”, the words “the Commission for the New Towns or”. Section 173(6). In Schedule 11, paragraph 58 and the italic heading before it. Town and Country Planning Act 1990 (c. 8) Section 8A(2). Companies Act 1989 (Eligibility for Appointment as Company Auditor) (Consequential Amendments) Regulations 1991 (S.I. 1991/1997) In the Schedule, paragraph 60 and the heading before it. Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) Section 65. Section 135. Section 137(1) to (3). Sections 158 to 173. Section 175. Section 177. Section 181(1) and (3). Sections 183 to 185. In section 188(6), paragraph (b) and the “and” before it. Schedules 17 to 20. In Schedule 21— paragraph 3 and the italic heading before it, paragraph 32 and the italic heading before it. New Towns (Amendment) Act 1994 (c. 5) The whole Act. Local Government (Wales) Act 1994 (c. 19) In Schedule 16, paragraphs 63(5) and 104 and the italic heading before paragraph 104. Criminal Justice and Public Order Act 1994 (c. 33) In section 80(4), the words from “in the definition” to “1983 or”. Environment Act 1995 (c. 25) In Schedule 10, paragraph 25(2). Finance Act 1996 (c. 8) In section 43A— subsection (5)(e), in subsection (6), the definition of “English Partnerships”. Family Law Act 1996 (c. 27) In Schedule 8— paragraph 53, paragraph 59 and the italic heading before it. Housing Act 1996 (c. 52) Section 1(1A) and (1B). Section 28(1), (2), (5) and (6). Section 56. Section 105(2). Section 127(3). Section 143D(3). In section 199— subsection (2), in subsection (3), paragraph (a) and the word “or” following it, subsection (4), in subsection (5), the word “other”. In section 202(1), the word “or” after paragraph (e). In Schedule 2, in paragraph 11(4)— the words “or the Housing Corporation”, the words “or, as the case may be, the Housing Corporation”. In Schedule 9, paragraphs 1 and 2(2), (4), (5), (6) and (8). In Schedule 13, paragraph 4 and the italic heading before it. In Schedule 18, paragraph 22(1)(f). Housing Grants, Construction and Regeneration Act 1996 (c. 53) Section 129. Section 145. Housing Act 1996 (Consequential Provisions) Order 1996 (S.I. 1996/2325) In Schedule 2, paragraphs 15(19), 18(4) to (7), (10)(a) and (12)(a), 19(7)(a) and 21(2). Housing Act 1996 (Consequential Amendments) Order 1997 (S.I. 1997/74) In the Schedule, paragraph 9(c). Audit Commission Act 1998 (c. 18) Sections 41 to 41B and 43. In Schedule 1— paragraph 8(2)(c) and (ca), paragraph 8A. In Schedule 2A, in paragraph 3— paragraph (a) of the definition of “Audit Commission inspection”, paragraph (e) of the definition of “national studies functions”. Government of Wales Act 1998 (c. 38) In Schedule 15, paragraph 13. In Schedule 16, paragraphs 24 to 26, 61(1), 64, 65, 68(a), 83(3), 94 and 97(3). Regional Development Agencies Act 1998 (c. 45) Section 36 and the italic heading before it. Section 37. In section 38(10), in the definition of “qualifying transfer”, paragraph (b). Schedule 9. Urban Development Corporations in England (Transfer of Property, Rights and Liabilities) Commission for the New Towns) Order 1998 (S.I. 1998/85) Article 3(1), (3), (4) and (5). Greater London Authority Act 1999 (c. 29) In section 333A— in subsection (3)(b), the words from “(and see also” to the end of the paragraph, in subsection (10), the words from “and the reference” to the end. In section 408— subsection (3)(h) and (i), subsection (6). Section 409(5). Freedom of Information Act 2000 (c. 36) In Part 6 of Schedule 1, the entries relating to the Commission for the New Towns, the Housing Corporation and the Urban Regeneration Agency. Transport Act 2000 (c. 38) In Schedule 5, paragraph 17. Armed Forces Act 2001 (c. 19) In Schedule 6, paragraph 30 and the italic heading before it. Postal Services Act 2000 (Consequential Modifications No. 1) Order 2001 (S.I. 2001/1149) In Schedule 1, paragraph 98 and the italic heading before it. Commonhold and Leasehold Reform Act 2002 (c. 15) Section 141. Section 156(2). In Schedule 10, paragraphs 6 and 7 and the italic heading before paragraph 6. Deregulation (Disposals of Dwelling-houses by Local Authorities) Order 2002 (S.I. 2002/367) The whole Order. Communications Act 2003 (c. 21) In Schedule 17, paragraph 123 and the italic heading before it. Local Government Act 2003 (c. 26) Section 109. Anti-social Behaviour Act 2003 (c. 38) Section 14(1)(b). Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2003 (S.I. 2003/1326) Article 11(2), (3) and (4)(a). Article 18 and the heading before it. Public Audit (Wales) Act 2004 (c. 23) In Schedule 2, paragraphs 27 to 30 and 37. Civil Partnership Act 2004 (c. 33) In Schedule 9— paragraph 18, paragraph 23 and the italic heading before it. Charities Act 2006 (c. 50) In Schedule 8, paragraph 190. Armed Forces Act 2006 (c. 52) In Schedule 16, paragraph 139 and the italic heading before it. Tribunals, Courts and Enforcement Act 2007 (c. 15) In Schedule 22, paragraph 8 and the italic heading before it. Local Government and Public Involvement in Health Act 2007 (c. 28) Section 155(2) and (5). Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194) In Schedule 4, paragraph 83 and the heading before it. Criminal Justice and Immigration Act 2008 (c. 4) Section 134(6). Section 135(7). Housing and Regeneration Act 2008 (c. 17) Section 53(2).
References in this Part to powers of the HCA do not include references to powers contained in duties imposed on the HCA.
In this Part, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column. Expression Provision Allotment Section 9(7) Building Section 2(3) Caravan Section 2(3) Common Section 9(7) . . . . . . Designated area Section 13(5) Designation order Section 13(5) Develop (and development) Section 57(1) Electronic communications apparatus Section 57(1) Electronic communications code Section 57(1) Electronic communications code network Section 57(1) Electronic communications code operator Section 57(1) Electronic communications network Section 57(1) Enactment Section 57(1) Financial year Section 57(1) Giving directions Section 47(6) The HCA Section 1(1) Housing Section 2(3) Improve Section 57(1) Infrastructure Section 2(3) Infrastructure system (and providing such a system) Section 57(1) Land Section 2(3) (and Schedule 1 to the Interpretation Act 1978 (c. 30)) Local planning authority (in relation to designation orders or proposed designation orders) Section 13(5) Modifications Section 57(1) Notice Section 57(1) Objects of the HCA Sections 2, 19(5) and 52(3) Open space Section 9(7) Operator (in relation to electronic communications code network) Section 57(1) Permitted purposes Section 13(5) Powers of the HCA Section 57(2) Provide (in relation to an electronic communications network) Section 57(1) Registered provider of social housing Section 80(2)(a) . . . . . . Social housing (and its provision) Section 32(13) Social housing assistance Section 32(13) Subsidiary Section 23(5) Urban development corporation Section 42(7)
The purpose of this Part is to regulate the provision of social housing (as defined in sections 68 to 77) by English bodies (as defined in section 79) and local authorities (as defined in section 275).
This Part replaces the system of “registered social landlords” under Part 1 of the Housing Act 1996 (c. 52).
That Part will continue to apply in relation to Wales (see section 61).
Certain provisions of that Part—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
are preserved although they apply to England only (see section 124).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 1 of the Housing Act 1996 (c. 52) (social rented sector) is amended as follows (and the title of Part 1 becomes “Social Rented Sector in Wales”).
Before section 1 (register of social landlords) insert—
In section 1—
for “The Relevant Authority” substitute “ The Welsh Ministers ”, and
omit subsections (1A) and (1B).
After section 1 insert—
In section 2 (eligibility for registration)—
in subsection (1), for “A body” substitute “ A Welsh body ”,
in subsection (2) after “that the body is” insert “ principally concerned with Welsh housing, is ”,
after subsection (2) insert—,
in subsection (7) for “Secretary of State” (in each place) substitute “ Welsh Ministers ”, and
in subsection (8) for “either House of Parliament” substitute “ the National Assembly for Wales ”.
In section 3 (registration)—
in subsection (1) for “any body” substitute “ any Welsh body ”, and
in subsection (4) for “A body” substitute “ A Welsh body ”.
The table sets out substitutions which have effect throughout the Part (except section 51 and Schedule 2); and where necessary in consequence of those substitutions, for words in the singular substitute appropriate corresponding words in the plural. Expression Substitution “the Relevant Authority” “the Welsh Ministers” “the Authority” “the Welsh Ministers” “the Relevant Authority's” “the Welsh Ministers”
Omit section 56 (meaning of “the Relevant Authority”).
Sections 62 and 63 make other consequential amendments.
In the following provisions of the Housing Act 1996 (c. 52)—
for “Secretary of State” substitute “ Welsh Ministers ”,
for “Secretary of State makes” substitute “ Welsh Ministers make ”,
for “he” substitute “ they ”,
for “him” substitute “ them ” (except in section 12A(4)), and
for “considers” substitute “ consider ”. Provision Topic Section 9(1A)(b) Consent for disposal of land Section 12A(4) Right of first refusal: regulations Section 15A(5) Deferred resale agreements: order . . . . . . Section 18(5)(b) Social housing grants: appointment of agent Section 23(6) Loans: approved schemes Section 27A(3) Grants to other bodies: further provision Section 29(1), (2) and (3) Commutation of special residual subsidy Section 30(5)(b) Collection of information: notice Section 39(3) Insolvency etc: order defining terms Section 46(7)(b) Appointment of manager: order Section 52(1) and (3) Orders: general Section 53(1), (4) and (5) Determinations: general Section 55(2) Consequential: order Paragraph 9(3A)(b) of Schedule 1 Change of rules of registered society: consent Paragraph 11(3A)(b) of Schedule 1 Change of articles of company: consent Paragraph 15A(1) of Schedule 1 Transfer of assets of charity on dissolution: order
In the following provisions of the Housing Act 1996 (c. 52) for “either House of Parliament” substitute “ the National Assembly for Wales ”. Provision Topic Section 12A(8)(b) Right of first refusal: regulations Section 15A(6)(b) Deferred resale agreements: order . . . . . . Section 27A(10) Grants to other bodies: order Section 39(3) Insolvency: order Section 55(3) Consequential: order Paragraph 15A(4) of Schedule 1 Transfer of assets of charity on dissolution: order
The Secretary of State shall by order make provision for the dissolution of the Housing Corporation.
The Secretary of State may by order make consequential amendment of enactments referring to the Housing Corporation.
Omit section 33A of the Housing Associations Act 1985 (c. 69) (provision of services between the Corporations).
The Secretary of State may make one or more schemes for the transfer of the Housing Corporation's property, rights or liabilities to—
the regulator,
the HCA, or
the Secretary of State.
On the transfer date, the designated property, rights or liabilities are transferred and vest in accordance with the scheme.
Schedule 6 applies to a scheme under this section.
In this section—
Schedule 7 makes provision about the tax implications of schemes under this section (and schemes under section 51).
The Secretary of State may by notice require the Housing Corporation to provide staff, premises, facilities or other assistance to—
the regulator, or
the HCA.
The Secretary of State may by order transfer functions of the Housing Corporation to—
the regulator,
the HCA, or
the regulator and the HCA jointly or concurrently.
An order under subsection (1) may make provision in relation to English registered social landlords which is similar to any provision made by this Part in relation to registered providers.
“English registered social landlord” means a body—
which is registered as a social landlord under Part 1 of the Housing Act 1996, and
which does not fall within paragraphs (a) to (c) of section 56(2) of that Act (Welsh bodies).
The Secretary of State may by order make further provision in respect of a function transferred under this section (which may, in particular, include provision for the function to cease to be exercisable).
Provision made under this section, including provision made by virtue of section 320(1)(d), may modify an enactment.
Provision under section 322(1) in connection with the coming into force of a provision of this Act may, in particular, include transitional provision having regard to the effect of provision made under this section.
In this Part “social housing” means—
low cost rental accommodation (defined by section 69), and
low cost home ownership accommodation (defined by section 70).
Accommodation which becomes “social housing” by satisfying subsection (1)(a) or (b) remains “social housing” for the purposes of this Part unless and until an event specified in sections 73 to 76 occurs.
Section 77 makes transitional provision as a result of which certain accommodation is to be treated as “social housing” whether or not it satisfies subsection (1)(a) or (b).
Accommodation is low cost rental accommodation if—
it is made available for rent,
the rent is below the market rate, and
the accommodation is made available in accordance with rules designed to ensure that it is made available to people whose needs are not adequately served by the commercial housing market.
Accommodation is low cost home ownership accommodation if the following conditions are satisfied.
Condition 1 is that the accommodation is occupied, or made available for occupation, in accordance with—
shared ownership arrangements,
equity percentage arrangements, or
shared ownership trusts.
Condition 2 is that the accommodation is made available in accordance with rules designed to ensure that it is made available to people whose needs are not adequately served by the commercial housing market.
“Shared ownership arrangements” means arrangements under a lease which—
is granted on payment of a premium calculated by reference to a percentage of either the value of the accommodation or the cost of providing it, and
provides that the tenant (or the tenant's personal representatives) will or may be entitled to a sum calculated by reference to the value of the accommodation.
“Equity percentage arrangements” means arrangements under which—
the owner of a freehold or leasehold interest in residential property (“the seller”) conveys it to an individual (“the buyer”),
the buyer, in consideration for the conveyance—
pays the seller a sum (the “initial payment”) expressed to represent a percentage of the value of the interest at the time of the conveyance, and
agrees to pay the seller other sums calculated by reference to a percentage of the value of the interest at the time when each sum is to be paid, and
the liability to make any payment required by the arrangements (apart from the initial payment) is secured by a mortgage.
Shared ownership trusts has the same meaning as in Schedule 9 to the Finance Act 2003 (c. 14) (stamp duty land tax).
The Secretary of State may make regulations amending—
the definition of “low cost home ownership accommodation”;
the definition of any of the sub-categories specified in that definition.
Accommodation which is both low cost rental accommodation and low cost home ownership accommodation is to be treated as the latter and not as the former.
The Secretary of State may make regulations providing that specified property, or a specified class of property, is or is not to be treated as social housing for the purposes of this Part.
The regulations may provide for property to be social housing despite not satisfying section 68(1)(a) or (b) where the Secretary of State thinks the property is of a kind, or is provided in circumstances, that serve the needs of a group whose needs are not adequately served by the commercial housing market.
The regulations—
may override section 68(2),
are subject to sections 68(3) and 77, and
are subject to sections 69 and 70 (but may clarify doubt about the application of those sections).
The regulations—
may make provision by reference to the opinion of the regulator or another specified person, and
may make provision by reference to designation, agreement or other action by the regulator or another specified person.
A dwelling ceases to be social housing if it is sold to the tenant.
Low cost rental accommodation is “sold to the tenant” when the tenant exercises a statutory or contractual right and as a result becomes the owner of—
the freehold interest in the property, or
the leasehold interest previously owned by the person providing the social housing.
Low cost home ownership accommodation of the shared ownership kind is “sold to the tenant” when the tenant exercises a statutory or contractual right and as a result becomes the owner of—
the freehold interest in the property, or
the leasehold interest previously owned by the person providing the social housing.
Low cost home ownership accommodation of the equity percentage kind is “sold to the tenant” when the “buyer” (see section 70(5)(a)) exercises a statutory or contractual right as a result of which the equity percentage arrangements (see section 70(5)) come to an end.
Low cost home ownership accommodation of the shared ownership trust kind comes to an end when the “purchaser” (see paragraph 7(4)(a) of Schedule 9 to the Finance Act 2003 (c. 14)) exercises a statutory or contractual right as a result of which the trust comes to an end.
A dwelling ceases to be social housing if—
the provider holds a leasehold interest in the dwelling, and
the leasehold interest determines (whether by effluxion of time or in any other way).
But subsection (1) does not apply if, immediately before the leasehold interest determines, the lessor was—
an associate or subsidiary of the provider, or
a registered provider.
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Chapter 5,
section 171D of the Housing Act 1985 (c. 68) (consent to certain disposals of housing obtained subject to the preserved right to buy), or
section 81 or 133 of the Housing Act 1988 (c. 50) (consent to certain disposals of housing obtained from housing action trusts or local authorities).
Subsection (1A) does not apply to a disposal in pursuance of shared ownership arrangements or equity percentage arrangements.
A dwelling ceases to be social housing if it is—
disposed of with the Secretary of State’s consent in accordance with section 32 or 43 of the Housing Act 1985 (disposals by local authorities),
appropriated with the Secretary of State’s consent in accordance with section 19(2) of that Act (appropriation by local authorities for some other purpose), or
disposed of by a local authority with the Secretary of State’s consent in accordance with any other enactment.
Subsection (1A) does not apply if the consent is conditional upon the dwelling continuing to be low cost rental accommodation or low cost home ownership accommodation.
A condition of that kind shall include provision for determining when the dwelling ceases to be social housing.
A dwelling ceases to be social housing if a private registered provider ... owns the freehold or a leasehold interest and transfers it to a person who is not a registered provider ....
Subsection (1) does not apply if and for so long as the private registered provider has a right to have the interest transferred back to it.
Subsection (1) does not apply where low cost home ownership accommodation is transferred to—
the “buyer” under equity percentage arrangements (see section 70(5)), or
the trustees under a shared ownership trust (see section 70(6)).
See section 73 for circumstances when low cost home ownership accommodation ceases to be social housing.
The regulator may direct that a specified dwelling is to cease to be social housing.
The regulator may make a direction only on the application of the provider.
A direction may not be made if the provider is a local authority.
This section applies to property owned by a registered social landlord within the meaning of Part 1 of the Housing Act 1996 (c. 52) before the coming into force of section 61 of this Act.
Property to which this section applies is social housing—
whether or not it satisfies section 68(1)(a) or (b), and
unless and until an event specified in sections 73 to 76 occurs.
But property to which any of the exceptions below applies when section 61 comes into force is social housing only if the purchase, construction or renovation of the property was funded by means of a grant under—
section 19 (financial assistance by the HCA),
section 18 of the Housing Act 1996 (social housing grant), or
section 50 of the Housing Act 1988, section 41 of the Housing Associations Act 1985 (c. 69) or section 29 or 29A of the Housing Act 1974 (c. 44) (housing association grant).
Exception 1 is accommodation let on the open market.
Exception 2 is accommodation made available only to students in full-time education or training.
Exception 3 is a care home (within the meaning of the Care Standards Act 2000 (c. 14)) in which nursing is provided.
Exception 4 is accommodation provided in response to a request by the Secretary of State under section 100 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum seekers).
Exception 5 is property of a kind specified by regulations made by the Secretary of State.
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Section 81 establishes the Office referred to in this Part as “the regulator”.
Chapter 2 makes provision for the regulator’s constitution and general powers.
Other provisions of this Part confer functions on the regulator.
In this Part “English body” means—
a registered charity whose address for the purposes of registration by the Charity Commission is in England,
a registered society whose registered office for the purposes of the Co-operative and Community Benefit Societies Act 2014 is in England,
a registered company which has its registered office in England,
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is not a Welsh body within the meaning of section 1A of the Housing Act 1996 (c. 52), and
makes available, or intends to make available, accommodation in England.
a limited liability partnership which has its registered office in England.
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to provide a benefit to the local community, and
to ensure that the assets are not sold or developed except in a manner which the trust’s members think benefits the local community.
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any profits from its activities will be used to benefit the local community (otherwise than by being paid directly to members),
individuals who live or work in the specified area have the opportunity to become members of the trust (whether or not others can also become members), and
the members of the trust control it.
In this Chapter a reference to the provider of social housing is to be construed as follows. Type of social housing Provider Low cost rental accommodation The landlord Low cost home ownership accommodation: shared ownership The landlord Low cost home ownership accommodation: equity percentage “The seller” within the meaning of section 70(5)(a) Low cost home ownership accommodation: shared ownership trust The “social landlord” within the meaning of paragraph 7(3) of Schedule 9 to the Finance Act 2003
Chapter 3 provides for the establishment of a register of providers of social housing: persons listed in the register—
may be referred to in an enactment or other instrument as “registered providers of social housing”, and
are referred to in this Part as “registered providers”.
Persons listed in the register who are not local authorities—
may be referred to in an enactment or other instrument as “private registered providers of social housing”, and
are referred to in this Part as “private registered providers”.
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There shall be a body corporate to be known as the Office for Tenants and Social Landlords.
The Office—
may be referred to in an enactment or other instrument as “the Regulator of Social Housing”, and
is referred to in this Part as “the regulator”.
The Office (and any member of the Office)—
is not the servant or agent of the Crown, and
does not share any immunity or privilege of the Crown.
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The regulator shall consist of—
a person appointed by the Secretary of State as chair,
neither less than 3 nor more than 10 other members appointed by the Secretary of State, and
the chief executive appointed under section 84.
The Secretary of State must consult the chair before appointing other members.
The Secretary of State may appoint a person under subsection (1) only if satisfied that the person has no financial or other personal interest in the performance of functions.
Former membership of the Housing Corporation is not a bar to appointment.
In this Part “appointed member” means—
the chair, or
a member appointed under subsection (1)(b).
A vacancy for, or a defect in the appointment of, the chair, the chief executive or another member does not prevent or invalidate proceedings.
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An appointed member holds and vacates office in accordance with the terms of appointment (subject to this section).
A period of appointment may not exceed 5 years (but a member may be reappointed).
An appointed member may resign by notice to the Secretary of State.
The Secretary of State may dismiss an appointed member if satisfied that any of the following cases applies—
Case 1 is where a member has been absent from meetings of the regulator for a period of more than 6 months without its permission.
Case 2 is where a member is subject to—
a bankruptcy restrictions order, or
an interim bankruptcy restrictions order.
Case 3 is where—
a member’s estate has been sequestrated by a court in Scotland, or
under the law of Scotland, a member has made a composition or arrangement with, or granted a trust deed for, creditors.
Case 4 is where a member has a financial or other personal interest which is likely to influence the performance of functions.
Case 5 is where a member has misbehaved or is for any other reason unable, unsuitable or unwilling to perform functions.
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The regulator shall appoint a chief executive.
The regulator may appoint a person only if approved by the Secretary of State.
The first chief executive shall be appointed by the Secretary of State, having consulted the chair.
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The Regulator of Social Housing is established as a body corporate.
The Regulator of Social Housing is referred to in this Part as “the regulator”.
The regulator (and any member of the regulator)—
is not the servant or agent of the Crown, and
does not share any immunity or privilege of the Crown.
No property of the regulator is to be regarded as property of, or held on behalf of, the Crown.
The regulator is to consist of—
a person appointed by the Secretary of State as chair (“the chair”),
at least 6 and no more than 10 other members, appointed by the Secretary of State, and
the chief executive appointed under section 80D(1).
The Secretary of State must consult the chair before appointing a member under subsection (1)(b).
In appointing a person to be an appointed member the Secretary of State must—
have regard to the desirability of appointing a person who has experience of, and has shown some capacity in, matters relevant to the exercise of the functions of the regulator, and
be satisfied that the person has no financial or other interest likely to affect prejudicially the exercise of the person’s functions as a member.
The Secretary of State may require any person who the Secretary of State proposes to appoint as an appointed member to provide any information the Secretary of State considers necessary for the purposes of subsection (3)(b).
In this Part “appointed member” means—
the chair, or
a member appointed under subsection (1)(b).
An appointed member holds and vacates office in accordance with the appointed member’s terms of appointment (subject to this section).
An appointed member may resign by notice to the Secretary of State.
The Secretary of State may dismiss an appointed member who—
has been absent from meetings of the regulator for a period of more than 6 months without its permission,
has become bankrupt or has made an arrangement with the member’s creditors,
the Secretary of State thinks has failed to comply with the member’s terms of appointment,
the Secretary of State thinks has failed to comply with the member’s obligations under section 92P (members’ interests),
the Secretary of State thinks is otherwise unable, unfit or unsuitable to perform the functions of the member.
The chair and other appointed members of the regulator must appoint a chief executive.
But a person may be appointed as chief executive under subsection (1) only if approved by the Secretary of State.
The regulator may appoint other staff.
The regulator may pay to its staff such remuneration and allowances as it may decide.
The regulator may— as it may decide.
pay such pensions, allowances or gratuities to or in respect of any, or any former, member of staff, or
pay such sums towards the provision for the payment of pensions, allowances or gratuities to or in respect of any, or any former, member of staff,
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The regulator shall perform its functions with a view to achieving the following objectives so far as possible.
Objective 1 is to encourage and support a supply of well-managed social housing, of appropriate quality, sufficient to meet reasonable demands.
Objective 2 is to ensure that actual or potential tenants of social housing have an appropriate degree of—
choice, and
protection.
Objective 3 is to ensure that tenants of social housing have the opportunity to be involved in its management.
Objective 4 is to ensure that registered providers of social housing perform their functions efficiently, effectively and economically.
Objective 5 is to ensure that registered providers of social housing are financially viable and properly managed.
Objective 6 is to encourage registered providers of social housing to contribute to the environmental, social and economic well-being of the areas in which the housing is situated.
Objective 7 is to encourage investment in social housing (including by promoting the availability of financial services to registered providers of social housing).
Objective 8 is to avoid the imposition of an unreasonable burden (directly or indirectly) on public funds.
Objective 9 is to guard against the misuse of public funds.
Objective 10 is to regulate in a manner which—
minimises interference, and
is proportionate, consistent, transparent and accountable.
Pursuit of Objective 10 includes, but is not necessarily limited to, compliance with any duty of the regulator under section 22 of the Legislative and Regulatory Reform Act 2006 (c. 51) (code of practice).
The order in which the objectives are listed in this section is not significant; the regulator shall balance them as it thinks appropriate.
The objectives are referred to in this Part as the regulator’s fundamental objectives.
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The regulator may determine its own procedure (which may include provision about a quorum).
The regulator shall make such arrangements as it thinks appropriate for publishing its procedure.
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The regulator’s procedural arrangements under section 87 must include arrangements for dealing with any conflict of interest of—
members,
employees, or
members of committees and sub-committees.
The arrangements must oblige a person—
to declare any financial or other personal interest relevant to the exercise of a function, and
to withdraw from the performance of that function unless the regulator directs otherwise, being satisfied that the interest will not influence performance of the function.
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The regulator may establish committees and sub-committees.
A committee or sub-committee may include non-members (provided that it includes at least one member).
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a committee,
a sub-committee,
a member, and
an employee.
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The application of the regulator’s seal shall be authenticated by a member or by some other person authorised (generally or specially) for that purpose.
A document purporting to be duly executed under the seal—
shall be received in evidence, and
shall be treated as so executed unless the contrary is shown.
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As soon as is reasonably practicable after the end of each financial year the regulator shall—
prepare a report on the performance of its functions during the year, and
send a copy to the Secretary of State.
The report must, in particular—
include a statement of the regulator’s accounts,
specify any direction given to the regulator by the Secretary of State in that year under section 197, and
contain a general description of complaints made to the regulator in that year about the performance of registered providers and of how those complaints have been dealt with.
The Secretary of State shall lay a copy before Parliament.
The regulator may do anything it thinks necessary or expedient for the purpose of or in connection with the performance of a function of the regulator.
In particular, the regulator may do anything it thinks appropriate for advancing its fundamental objectives.
The regulator may carry out or commission studies designed to improve the economy, effectiveness and efficiency of registered providers.
The regulator may publish a report on a study.
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The regulator may, where it thinks it advances a fundamental objective, give financial assistance to a person in connection with—
undertaking research,
preparing guidance,
developing and publicising best practice, or
facilitating the management of social housing by tenants.
Financial assistance under subsection (1) may be given—
by way of grant,
by way of loan,
by defraying expenditure on behalf of a person, or
in any other way except purchasing loan or share capital of a body corporate or giving a guarantee or indemnity.
The regulator may, where it thinks it advances a fundamental objective, give financial assistance to a private registered provider by—
lending money to or in respect of the registered provider, or
giving a guarantee or indemnity in respect of the registered provider.
Financial assistance may be given under subsection (3) only with the consent of the Secretary of State (given with the approval of the Treasury).
Financial assistance under subsection (1) or (3) may be given on conditions (which may include provision for repayment, with or without interest).
In considering whether to exercise a power under this Part the regulator may have regard to information or opinions from any source including, in particular, from—
tenants,
bodies representing tenants,
local housing authorities, or
the Commission for Local Administration in England or a housing ombudsman.
The regulator may for the purpose of advancing its fundamental objectives—
publish ideas or information;
undertake research in relation to social housing;
provide guidance, advice, education or training.
The regulator may for that purpose—
arrange for another person to do anything within subsection (1)(a) to (c);
act jointly with, cooperate with or assist another person doing anything within subsection (1)(a) to (c).
The persons to whom advice may be given under subsection (1) include—
unregistered housing associations (as defined by section 2B of the Housing Associations Act 1985 (c. 69)), and
persons who may be forming a housing association (within the meaning of section 1(1) of that Act).
The regulator must establish a panel of persons called “the Advisory Panel”.
The Panel may provide information and advice to the regulator about, or on matters connected with, the regulator’s functions (whether or not it is requested to do so by the regulator).
The reference in subsection (2) to matters connected with the regulator’s functions includes anything which could have a significant impact on registered providers or the provision of social housing.
The regulator must appoint the following persons to the Panel—
persons appearing to the regulator to represent the interests of—
registered providers;
secured creditors of registered providers;
tenants of social housing;
local housing authorities,
the Greater London Authority,
the HCA, and
the Secretary of State.
The regulator may appoint such other persons to the Panel as it thinks fit to appoint.
The regulator may make payments to persons who are members of the Panel in respect of any expenses they incur in connection with their appointment to the Panel.
The regulator must make arrangements requiring any person who is a member of the Panel to declare any financial or other personal interest relevant to the regulator’s functions.
The regulator shall—
promote awareness of the regulator's functions among tenants of social housing,
where the regulator thinks it appropriate, consult them about the exercise of its functions (for example, by holding meetings), and
where the regulator thinks it appropriate, involve them in the exercise of its functions (for example, by appointing them to committees or sub-committees).
The regulator shall from time to time publish a statement about how it proposes to comply with subsection (1).
Before publishing a statement the regulator must consult such persons as it thinks appropriate.
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The regulator may pay to or in respect of appointed members—
remuneration,
travelling and other allowances, and
sums by way of or in respect of pensions and gratuities.
The Secretary of State shall determine rates and eligibility criteria for payments under subsection (1).
If the Secretary of State thinks there are special circumstances that make it right to compensate a person on ceasing to be an appointed member, the regulator may pay compensation determined by the Secretary of State.
The regulator may pay to or in respect of employees —
remuneration,
travelling and other allowances, and
sums by way of or in respect of pensions and gratuities.
In this section a reference to a member or employee includes a reference to a former member or employee.
The regulator may charge for giving advice, conducting research or providing other services.
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The regulator may pay to or in respect of appointed members—
remuneration, and
travelling and other allowances.
The Secretary of State must determine rates and eligibility criteria for payments under subsection (1).
If the Secretary of State considers that there are special circumstances that justify the payment of compensation to a person on ceasing to be an appointed member, the regulator may pay such compensation as is determined by the Secretary of State.
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The Secretary of State may make payments to the regulator by way of grant or loan.
A grant or loan may be subject to conditions (which may include provision for repayment, with or without interest).
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The regulator may borrow—
by way of overdraft or otherwise, for the purpose of what it considers to be short-term management of its finances, or
from the Secretary of State.
The regulator may not borrow otherwise.
The Secretary of State may make payments to the regulator by way of grant or loan.
A grant or loan may be subject to conditions (which may include provision for repayment, with or without interest).
The regulator may borrow—
by way of overdraft or otherwise, for the purpose of what it considers to be short-term management of its finances, or
from the Secretary of State.
The regulator may not borrow otherwise.
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The regulator shall keep accounts (and records of its accounts).
As soon as is reasonably practicable after the end of each financial year the regulator shall prepare a statement of accounts in respect of that financial year.
The statement must be in such form as the Secretary of State may direct.
The regulator shall, within such period as the Secretary of State may direct, send a copy of the statement to—
the Secretary of State, and
the Comptroller and Auditor General.
The Comptroller and Auditor General shall—
examine, certify and report on the statement, and
lay a copy of the report before Parliament.
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The regulator’s financial year is each period of 12 months beginning with 1st April.
But the first financial year is the period—
beginning with the day on which section 81 comes into force, and
ending with the next 31st March.
The regulator must keep proper accounts (and proper records of its accounts).
As soon as is reasonably practicable after the end of each financial year the regulator must prepare a statement of accounts in respect of that financial year.
The statement must be in such form as the Secretary of State may direct.
The regulator must, within such period as the Secretary of State may direct, send a copy of the statement to—
the Secretary of State, and
the Comptroller and Auditor General.
The Comptroller and Auditor General must—
examine, certify and report on the statement, and
send a copy of the certified statement and the report to the Secretary of State as soon as possible.
The Secretary of State must lay before Parliament a copy of each statement and report received under subsection (5).
The regulator must, as soon as is reasonably practicable after the end of each financial year, prepare an annual report in relation to how it has exercised its functions during that financial year.
The regulator must, within such period as the Secretary of State may direct, send a copy of the annual report to the Secretary of State.
The Secretary of State must lay a copy of each annual report before Parliament.
The regulator’s financial year is each period of 12 months beginning with 1st April.
But the first financial year is the period—
beginning with the day on which section 80A comes into force, and
ending with the next 31st March.
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The regulator must perform its functions with a view to achieving (so far as is possible)—
the economic regulation objective, and
the consumer regulation objective.
The economic regulation objective is—
to ensure that registered providers ... are financially viable and properly managed, and perform their functions efficiently and economically,
to support the provision of social housing sufficient to meet reasonable demands (including by encouraging and promoting private investment in social housing),
to ensure that value for money is obtained from public investment in social housing,
to ensure that an unreasonable burden is not imposed (directly or indirectly) on public funds, and
to guard against the misuse of public funds.
The consumer regulation objective is—
to support the provision of social housing that is well-managed , safe, energy efficient and of appropriate quality,
to ensure that actual or potential tenants of social housing have an appropriate degree of choice and protection,
to ensure that tenants of social housing have the opportunity to be involved in its management and to hold their landlords to account, ...
to ensure that registered providers act in a transparent manner in relation to their tenants of social housing, and
to encourage registered providers ... to contribute to the environmental, social and economic well-being of the areas in which the housing is situated.
The objectives are referred to in this Part as the regulator's fundamental objectives.
The regulator must exercise its functions in a way that—
minimises interference, and
(so far as is possible) is proportionate, consistent, transparent and accountable.
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The regulator shall cooperate with the HCA.
In particular, the regulator shall consult the HCA on matters likely to interest it.
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The regulator may direct the HCA not to give financial assistance to a specified registered provider—
under section 19, and
in connection with social housing.
A direction may be given if—
the regulator has decided to hold an inquiry into affairs of the registered provider under section 206 (and the inquiry is not concluded),
the regulator has received notice in respect of the registered provider under section 145, or
the regulator has appointed an officer of the registered provider under section 269 (and the person appointed has not vacated office).
A direction may prohibit the HCA from giving assistance of a specified kind (whether or not in pursuance of a decision already taken and communicated to the registered provider).
A direction may not prohibit grants to a registered provider in respect of discounts given by the provider on disposals of dwellings to tenants.
A direction shall have effect until withdrawn.
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The regulator, or a person authorised under subsection (4A), may for a purpose connected with the regulator’s functions require a person to provide documents or information which the regulator or person authorised (as the case may be) has reason to believe is or may be in the person’s possession.
the financial or other affairs of a registered provider;
activities which are or may be carried out by a person who is, or who has applied to become, a registered provider.
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the body has been required to provide the document or information but has failed to do so, or
the regulator thinks that the body is unable to provide it.
A requirement under subsection (1) may specify—
the form and manner in which a document, information or an explanation is to be provided (which may include the provision of a legible copy of information stored electronically);
when and where it is to be provided.
A requirement under subsection (1) may also require the person to provide an explanation of any document or information required under that subsection.
The regulator may copy or record documents, information or explanations provided.
Failure to comply with a requirement under subsection (1) without reasonable excuse is an offence.
Intentionally altering, suppressing or destroying a document or information required under subsection (1) is an offence.
The regulator may in writing authorise a person to exercise any of its powers under this section.
An authorisation—
must specify the extent to which the person is authorised to exercise the powers, and
may provide that the person is to be authorised for a particular period.
If a person fails to comply with a requirement under subsection (1) the High Court may, on an application by the regulator, make an order for the purpose of remedying the failure.
Knowingly or recklessly providing the regulator, or a person authorised under subsection (4A), with a document, information or an explanation which is false or misleading in purported compliance with a requirement under subsection (1) is an offence.
A requirement under section 107(1) does not require a person to disclose anything which the person would be entitled to refuse to disclose on grounds of legal professional privilege in proceedings in the High Court.
A requirement under section 107(1) does not require a banker to breach a duty of confidentiality owed to a person who is not—
a registered provider,
a subsidiary of a registered provider,
an associate of a registered provider, or
a person who is certified in writing by the regulator as being—
a person who has applied to be entered in the register of providers of social housing, or
a local authority which the regulator thinks may be, or may become, a provider of social housing.
A person guilty of an offence under section 107(5) is liable on summary conviction to a fine ....
A person guilty of an offence under section 107(6) or (6A) is liable—
on summary conviction, to a fine ...;
on conviction on indictment, to—
imprisonment for a term not exceeding two years,
a fine, or
both.
Proceedings for an offence under section 107(5) , (6) or (6A) may be brought only by or with the consent of—
the regulator, or
the Director of Public Prosecutions.
An order under section 107(7) may include provision about costs.
A public authority may disclose information to the regulator if the authority thinks that the disclosure is necessary for a purpose connected with the regulator's functions.
The regulator may disclose information to a public authority if the regulator thinks that the disclosure is necessary—
for a purpose connected with the regulator's functions, or
for a purpose connected with the authority's functions.
The regulator may disclose information to a person acting on its behalf for a purpose connected with the regulator's functions.
A disclosure may be subject to restrictions on further disclosure.
The power to disclose information under this section is subject to any express restriction on disclosure imposed by another enactment (ignoring any restriction which allows disclosure if authorised by an enactment).
Disclosure in contravention of a restriction under subsection (4) is an offence.
A person guilty of an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
“Public authority” means a person having functions of a public nature (whether or not in the United Kingdom).
The regulator may establish committees and sub-committees.
A committee or sub-committee may include non-members (provided that it includes at least one member).
The regulator may, with the consent of the Secretary of State, pay such remuneration and allowances as it thinks fit to any person who—
is a member of a committee or sub-committee, but
is not a member of the regulator.
Subject to the provisions of this Part, the regulator may determine its own procedure and the procedure of any committee or sub-committee.
The regulator must make such arrangements as it thinks appropriate for publishing its procedure.
The validity of any proceedings is not affected by—
any vacancy of the chair, chief executive or any other member,
any defect in the appointment of the chair, chief executive or any other member, or
any contravention of section 92P (members’ interests).
In this section “procedure” includes quorum.
The regulator’s procedure under section 92M must include arrangements for dealing with any conflict of interest of—
members,
members of staff, or
members of committees or sub-committees.
The procedure must oblige a person—
to declare any financial or other personal interest relevant to the exercise of a function of the regulator, and
to withdraw from the performance of that function unless the regulator directs otherwise, being satisfied that the interest will not influence performance of the function.
The regulator may delegate any of its functions to—
a committee,
a sub-committee,
a member, or
a member of staff.
A committee may further delegate to a sub-committee, a member of the regulator, or a member of staff.
A member of the regulator who is directly or indirectly interested in any matter arising at a meeting of the regulator must disclose the nature of that interest to the meeting.
A member of a committee or sub-committee of the regulator who is directly or indirectly interested in any matter arising at a meeting of the committee or sub-committee must disclosure the nature of that interest to the meeting.
Where a member has disclosed an interest within subsection (1) or (2)—
that member must not take part in any deliberation or decision about the matter if it is a contract or agreement of any description, but
may otherwise take part in any deliberation or decision about the matter unless at least one-third of the other members at the meeting decide that the interests disclosed might prejudicially affect the member’s consideration of the matter.
The regulator must prepare and keep up to date a register of members’ interests of the interests disclosed under subsection (1) or (2).
The register required by subsection (4) must include the interests of—
the members of the regulator, and
all members of committees or sub-committees whether or not falling within paragraph (a).
The application of the regulator’s seal must be authenticated by a member of the regulator or by some other person authorised (generally or specially) by the regulator for that purpose.
A document purporting to be duly executed under the seal—
is to be received in evidence, and
is to be treated as so executed unless the contrary is shown.
The regulator must, in the exercise of its functions, cooperate with the HCA.
The regulator must, in particular, consult the HCA on matters related to the HCA’s social housing functions.
The regulator may direct the HCA not to give financial assistance to a specified registered provider—
under section 19, and
in connection with social housing.
A direction may be given if—
the regulator has decided to hold an inquiry into the affairs of the registered provider under section 206 (and the inquiry is not concluded),
an event mentioned in section 145(2) has occurred in relation to the registered provider, or
the regulator has appointed an officer of the registered provider under section 269 (and the person appointed has not vacated office).
A direction may prohibit the HCA from giving assistance of a specified kind (whether or not in pursuance of a decision already taken and communicated to the registered provider).
A direction may not prohibit grants to a registered provider in respect of discounts given by the provider on disposals of dwellings to tenants.
A direction has effect until withdrawn.
The regulator and a housing ombudsman must each take such steps as it considers appropriate to co-operate in the exercise of their respective functions.
The regulator and a housing ombudsman must prepare and maintain a memorandum describing how they intend to comply with subsection (1).
The regulator and a housing ombudsman must ensure that the memorandum between them as currently in force is published in the way appearing to them to be best calculated to bring it to the attention of the public.
This Chapter provides for the establishment of a register of providers of social housing.
The regulator shall maintain a register of providers of social housing.
The regulator shall make the register available for inspection by the public.
A body is eligible for registration if—
it is an English body, and
it satisfies the following conditions.
Condition 1 is that the body—
is a provider of social housing in England, or
intends to become a provider of social housing in England.
Condition 2 is that the body satisfies any relevant criteria set by the regulator ...—
as to its financial situation,
as to its constitution, ...
as to other arrangements for its management , and
to secure that the body would meet, on registration, standards set by the regulator under sections 193, 194, 194A and 194C.
Before setting criteria the regulator must consult—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
one or more bodies appearing to it to represent the interests of private registered providers,
the HCA,
the Greater London Authority,
one or more other bodies appearing to it to represent the interests of tenants.
any body for the time being nominated under section 278A, and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section sets out the exceptions to section 112(1).
Exception 1 is a local housing authority.
Exception 2 is a county council.
Exception 3 is a person controlled by an authority within Exception 1 or 2.
The Secretary of State may make regulations defining when a person is controlled by an authority for the purpose of Exception 3.
The definition may be expressed by reference to a definition for the time being given in a document identified by regulations under section 21(2)(b) of the Local Government Act 2003 (c. 26) (accounting practices for local authorities).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
repeal section 113, or
amend it so as to permit the registration of specified classes of local authority.
The Secretary of State may by order require or permit the regulator to register—
a specified local authority, or
a specified class of local authority.
Registration under subsection (2)—
takes effect in accordance with any provision of the order about timing or other procedural or incidental matters, and
does not require an application for registration, ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If the Secretary of State thinks it necessary or desirable in connection with the registration of local authorities, the Secretary of State may by order—
provide for a provision of this Part or any other enactment not to apply in relation to registered local authorities;
provide for a provision of this Part or any other enactment to apply with specified modifications in relation to registered local authorities;
amend a provision of this Part or any other enactment.
In this section—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“registered local authorities” means authorities or persons who are registered, registrable or to be registered as a result of an order under subsection ... (2) above.
Before making an order under this section the Secretary of State shall consult—
any authority or person likely to be affected by it, and
such other persons as the Secretary of State thinks fit.
Each entry in the register shall designate the body registered as either—
a non-profit organisation, or
a profit-making organisation.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A body is a non-profit organisation if—
it is a registered or non-registrable charity and satisfies Conditions 1 and 2, or
otherwise, it satisfies Conditions 1 to 3.
Condition 1 is that the body—
does not trade for profit, ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Condition 2 is that a purpose of the body is the provision or management of housing.
Condition 3 is that any other purposes of the body are connected with or incidental to the provision of housing.
The Secretary of State may make regulations providing that a specified purpose is to be, or not to be, treated as connected with or incidental to the provision of housing.
The fact that a body is prohibited by its constitution from trading for profit does not, of itself, mean that it is a body which does not trade for profit for the purposes of subsection (4)(a).
A body which is not a non-profit organisation under subsection ... (3) is a profit-making organisation.
If the regulator thinks that what was a profit-making organisation has become a non-profit organisation or vice versa, the regulator must change the registered designation accordingly and notify the body it has done so.
Subsection (1) does not apply to the entry of a local authority in the register (and, accordingly, references to “profit-making” and “non-profit” in connection with a registered provider do not refer to a local authority).
A local authority ... which is not subject to compulsory registration must notify the regulator as soon as it becomes subject to compulsory registration.
For these purposes, an authority is subject to compulsory registration if—
it is a provider of social housing, or
it intends to become a provider of social housing.
The regulator shall register anyone who—
is eligible for registration under section 112(1), and
applies to be registered.
The regulator may make provision about—
the form of an application;
the information to be contained in it or provided with it;
the manner in which an application is to submitted;
the consequences of failure to comply with provision under paragraphs (a) to (c).
This section is subject to section 117 (fees).
The regulator must notify a body of the outcome of its application.
Once entered in the register under this section a body remains registered unless and until removed under section 118 or 119.
It shall be presumed for all purposes that a person entered in the register under this section is eligible for registration while the registration lasts (irrespective of whether and why the person is later removed from the register).
This section deals with voluntary registration; for the registration of local authorities, see section 114.
The regulator may charge—
a fee for dealing with an application for initial registration, and
an annual fee for continued registration.
Except in the case of a local authority, the regulator may make ... continued registration conditional upon payment of the fee.
The regulator may make dealing with an application for initial registration conditional upon the payment of the fee.
The regulator shall—
prescribe the amount of a fee, and
make provision about the periods during which and in respect of which annual fees are payable.
The regulator may set different fees, and make different provision, for different cases or circumstances.
Fees must be set in accordance with principles which the regulator prepares and publishes and which are designed to ensure that so far as is reasonably practicable—
fee income matches the costs incurred in the performance of the regulator's functions,
... and
actual or potential registered providers can see the relationship between the amount of a fee and the costs incurred, or likely to be incurred, in the performance of the regulator’s functions.
The principles—
shall provide for section 95(3) to be disregarded for the purpose of subsection (5)(a), and
may provide for specified expenditure or potential expenditure under section 95 or otherwise to be disregarded for the purpose of subsection (5)(a).
The amount of a fee payable under this section may be calculated by reference to costs incurred, or likely to be incurred, by the regulator in the performance of any of its functions, including costs unconnected with the fee-payer and costs unconnected with registration or regulation under this Part.
Principles do not have effect until approved by the Secretary of State.
In preparing (or revising) the principles the regulator shall consult persons appearing to the regulator to represent the interests of fee-payers.
The regulator’s accounts shall show—
fees received, and
fees outstanding.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The regulator may remove from the register a private registered provider which the regulator thinks—
is no longer eligible for registration,
has ceased to carry out activities, or
has failed to meet a standard under section 193, 194 or 194C,
has ceased to exist.
Before acting under subsection (1)(a), (aa) or (b) the regulator must—
give the private registered provider a notice—
warning the provider that the regulator is considering action under the provision concerned, and
specifying a period (which must be at least 14 days beginning with the day the provider receives the notice) within which the provider may make representations, and
consider any representations made during that period.
The regulator must notify a private registered provider of a decision to remove it from the register under subsection (1)(a), (aa) or (b).
The regulator shall remove a local authority from the register if the regulator becomes aware that the authority—
is no longer a provider of social housing, or
no longer intends to become a provider of social housing (in the case of an authority which intended to become one but did not in fact do so).
A private registered provider may ask the regulator to remove it from the register.
The regulator may comply with a request—
on the grounds that the registered provider no longer is or intends to be a provider of social housing in England,
on the grounds that the registered provider is subject to regulation by another authority whose control is likely to be sufficient, or
on the grounds that the registered provider meets any relevant criteria for de-registration set by the regulator.
Before deciding whether or not to comply, the regulator must consult such local authorities in whose area the registered provider acts as it thinks appropriate.
The regulator shall not comply with a request by a non-profit registered provider if it thinks that removal is sought with a view to enabling the registered provider to distribute assets to members.
In deciding whether or not to comply, the regulator must (in particular) have regard to—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any conditions imposed in connection with financial assistance given to the registered provider under any enactment.
Having decided whether or not to remove the registered provider the regulator must notify—
the provider, and
any authority consulted.
The regulator shall publish criteria set for the purposes of subsection (2)(c).
As soon as is reasonably practicable after registering or de-registering a body the regulator shall notify—
in the case of a registered charity, the Charity Commission,
in the case of a registered society, the Financial Conduct Authority, ...
in the case of a registered company (whether or not also a registered charity) or a limited liability partnership, the registrar of companies for England and Wales , and
in the case of a local authority, the Secretary of State.
Except in the case of a local authority, a notice of registration shall specify whether the person registered is designated as a non-profit or profit-making organisation.
If the designation changes, the regulator shall notify any person notified of the registration.
A person to whom notice is given under this section must keep a record of it.
A body may appeal to the High Court against a decision of the regulator—
to refuse to register it,
to de-register it under section 118(1), ...
to refuse to de-register it,
to designate it as a non-profit organisation or as a profit-making organisation (as the case may be), or
to change its registered designation.
The regulator shall not de-register a body during the appeal period.
An appeal under this section must be brought within the period of 28 days beginning with the day on which the body is notified of the decision it is appealing.
The Secretary of State may by order provide for the First-tier Tribunal to have jurisdiction under this section instead of the High Court.
The “appeal period” means—
where an appeal is brought, the period beginning with the day on which notice of the decision appealed against is given and ending with the day on which the appeal is finally determined or withdrawn, and
otherwise, the period during which an appeal could be brought.
Subsections (1A) to (2A) do not apply to a decision of the regulator to de-register a body under section 118(1)(c).
This section restricts the making of gifts, and the payment of dividends and bonuses, by a non-profit registered provider to—
a member or former member of the registered provider,
a member of the family of a member or former member,
a company which has as a director a person within paragraph (a) or (b).
A gift may be made, and a dividend or bonus may be paid, only if it falls within one of the following permitted classes.
Class 1 is payments which—
are in accordance with the constitution of the registered provider, and
are due as interest on capital lent to the provider or subscribed in its shares.
Class 2 is payments which—
are paid by a fully mutual housing association (within the meaning of section 1(2) of the Housing Associations Act 1985 (c. 69)),
are paid to former members of the association, and
are due under—
tenancy agreements with the association, or
agreements under which the former members became members of the association.
Class 3 is payments which—
are in accordance with the constitution of the registered provider making the payment (“the payer”), and
are made to a registered provider which is a subsidiary or associate of the payer.
If a registered provider contravenes this section—
it may recover the wrongful gift or payment as a debt from the recipient, and
the regulator may require it to take action to recover the gift or payment.
Class 4 is payments which—
are in accordance with the constitution of the registered provider,
are paid for the benefit of tenants of the provider, and
are in any particular case paid to assist the tenant to obtain other accommodation by acquiring a freehold, or long-leasehold, interest in a dwelling.
For the purposes of subsection (5A)—
The Secretary of State may by order amend this section for the purpose of—
adding to the permitted classes, or
modifying or removing a permitted class added by order under this subsection.
Before making an order under subsection (7), the Secretary of State must consult—
the Charity Commission,
the regulator, and
one or more bodies appearing to the Secretary of State to represent the interests of registered providers.
Chapter 5 makes provision about disposal of property by private registered providers.
In section 51 of, and Schedule 2 to, the Housing Act 1996 (c. 52) (schemes for investigation of complaints by housing ombudsmen) for “Relevant Authority”, wherever appearing, substitute “ Regulator of Social Housing ”.
In section 51 of that Act—
for subsection (2)(a) substitute—,
in subsection (2)(d) after “registered with” insert “ the Regulator of Social Housing or ”, and
at the end add—
In paragraph 6(2) of Schedule 2 to that Act (grants) for “Housing Corporation”, in both places, substitute “ Regulator of Social Housing ”.
In paragraph 11(4) of Schedule 2 to that Act, omit—
“or the Housing Corporation”, and
“or, as the case may be, the Housing Corporation”.
At the end of Schedule 2 to that Act add—
A registered provider may give the regulator an undertaking in respect of any matter concerning social housing.
The regulator may prescribe a procedure to be followed in giving an undertaking.
In exercising a power under Chapter 6 or 7 the regulator must have regard to any undertaking offered or given.
The regulator may found a decision about whether to exercise a power under Chapter 6 or 7 wholly or partly on the extent to which an undertaking has been honoured.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The regulator may give directions to private registered providers about the preparation of their accounts.
A direction may be given to a profit-making registered provider only in so far as its accounts relate to social housing activities.
The power must be exercised with a view to ensuring that accounts—
are prepared in proper form, and
present a true and fair view of—
the state of affairs of each registered provider in relation to its social housing activities, and
the disposition of funds and assets which are, or have been, in its hands in connection with those activities.
A direction may require a registered charity to use a specified method for distinguishing in its accounts between—
matters relating to its social housing activities, and
other matters.
A direction—
may make provision that applies generally or only to specified cases, circumstances or registered providers, and
may make different provision for different cases, circumstances or registered providers.
A direction that relates to more than one registered provider may be given only after consulting one or more bodies appearing to the regulator to represent the interests of private registered providers.
The regulator shall make arrangements for bringing a direction to the attention of every registered provider to which it applies.
Each private registered provider shall send a copy of its accounts to the regulator within the period of 6 months beginning with the end of the period to which the accounts relate.
The accounts must be accompanied by—
an auditor's report, or
in the case of accounts that by virtue of an enactment are not subject to audit, any report that is required to be prepared in respect of the accounts by virtue of an enactment.
The report must specify whether the accounts comply with any relevant directions under section 127.
Each local authority which is a registered provider shall send copies of the following documents to the regulator so far as they relate to the provision of social housing—
any report under paragraph 1 of Schedule 7 to the Local Audit and Accountability Act 2014 (public interest reports) in relation to its accounts;
its audited accounts, accompanied by any report made under that section at the conclusion of the audit.
The local authority shall send the copies to the regulator as soon as the authority receives them.
This section applies in relation to a registered provider which—
is a registered company other than a charity or is a limited liability partnership, and
is exempt from the audit requirements of the Companies Act 2006 (c. 46) by virtue of section 477 of that Act (small companies' exemption).
The directors of the company or members of the limited liability partnership shall cause a report to be prepared in accordance with section 130 and made to the registered provider’s members in respect of the registered provider’s individual accounts for any year in which the registered provider takes advantage of its exemption from audit.
“Individual accounts” means accounts prepared in accordance with section 396 of the Companies Act 2006.
The report required by section 129 must be prepared by a person (“the reporting accountant”) who is eligible under section 131.
The report must state whether the individual accounts are in accordance with the registered provider’s accounting records kept under section 386 of the Companies Act 2006.
On the basis of the information contained in the accounting records the report must also state whether—
the accounts comply with Part 15 of the Companies Act 2006;
the registered provider is entitled to exemption from audit under section 477 of that Act (small companies' exemption) for the year in question.
The report must give the name of the reporting accountant and be signed and dated.
The report must be signed—
where the reporting accountant is an individual, by that individual, and
where the reporting accountant is a firm, for and on behalf of the firm by an individual authorised to do so.
In this section and sections 131 and 132—
A person is eligible for appointment by a registered provider as a reporting accountant under section 130 if—
either of the following conditions is satisfied, and
the person would not be prohibited from acting as auditor of the registered provider by virtue of section 1214 of the Companies Act 2006 (c. 46).
Condition 1 is satisfied if the person is a member of a body listed in subsection (4) and under its rules—
the person is entitled to engage in public practice, and
is not ineligible for appointment as a reporting accountant.
Condition 2 is satisfied if the person—
is subject to the rules of a body listed in subsection (4) in seeking appointment or acting as a statutory auditor under Part 42 of the Companies Act 2006, and
under those rules, is eligible for appointment as a statutory auditor under that Part.
The bodies mentioned in subsections (2) and (3) are—
the Institute of Chartered Accountants in England and Wales,
the Institute of Chartered Accountants of Scotland,
the Institute of Chartered Accountants in Ireland,
the Association of Chartered Certified Accountants,
the Association of Authorised Public Accountants,
the Association of Accounting Technicians,
the Association of International Accountants,
the Chartered Institute of Management Accountants, and
the Institute of Chartered Secretaries and Administrators.
The Secretary of State may by order amend the list of bodies in subsection (4).
References in this section to the rules of a body are to rules (whether or not laid down by the body itself) which the body has power to enforce and which are relevant for the purposes of Part 42 of the Companies Act 2006 (statutory auditors) or this section; and this includes rules relating to the admission and expulsion of members of the body so far as relevant for the purposes of that Part or this section.
An individual or a firm may be appointed as a reporting accountant; and section 1216 of the Companies Act 2006 applies to the appointment of a partnership constituted under the law of—
England and Wales,
Northern Ireland, or
any other country or territory in which a partnership is not a legal person.
The provisions of the Companies Act 2006 listed in subsection (2) apply to the reporting accountant and a reporting accountant's report as they apply to an auditor of the registered provider and an auditor's report on the registered provider’s accounts (with any necessary modifications).
The provisions are—
sections 423 to 425 (duty to circulate copies of annual accounts),
sections 431 and 432 (right of member or debenture holder to demand copies of accounts),
sections 434 to 436 (requirements in connection with publication of accounts),
sections 441 to 444A (duty to file accounts with registrar of companies),
section 454 and regulations made under that section (revised accounts and reports),
sections 499 to 502 (auditor's right to information), and
sections 505 and 506 (name of auditor to be stated in published copies of report).
In sections 505 and 506 as they apply by virtue of this section in a case where the reporting accountant is a firm, any reference to the senior statutory auditor shall be read as a reference to the person who signed the report on behalf of the firm.
This section applies where, in accordance with section 129, a registered provider appoints a reporting accountant to prepare a report in respect of its accounts for any year.
The regulator may require the registered provider to—
cause a qualified auditor to audit its accounts and balance sheet for that year, and
send a copy of the report to the regulator by a specified date.
A requirement may not be imposed before the end of the financial year to which it relates.
“Qualified auditor”, in relation to a registered provider, means a person who—
is eligible for appointment as a statutory auditor of the registered provider under Part 42 of the Companies Act 2006 (c. 46) (statutory auditors), and
is not prohibited from acting as statutory auditor of the registered provider by virtue of section 1214 of that Act (independence requirement).
This section applies to a registered provider which is a registered society.
Section 85 of the Co-operative and Community Benefit Societies Act 2014 (“ the 2014 Act ”) (duty to obtain accountant's report) applies to the society as if subsection (1)(b) were omitted (accountant's report required only where turnover exceeds specified sum).
The regulator may require the society to—
appoint a qualified auditor to audit the society's accounts and balance sheet for any year of account in respect of which section 83 of the 2014 Act (duty to appoint auditors) did not apply because of a resolution under section 84 of that Act (power to disapply auditing requirements),
send a copy of the auditor's report to the regulator by a specified date.
A requirement under subsection (3) may be imposed only during the year of account following the year to which the accounts relate.
Qualified auditor” and “year of account” have the same meaning as in Part 7 of the 2014 Act (for “year of account” see sections 77 and 78 of that Act).
“designated” in relation to a scheme, means specified in, or determined in accordance with, the scheme,
Subject as follows, a member of the HCA holds and vacates office in accordance with the member's terms of appointment. A member may resign by serving notice on the Secretary of State. A person ceases to have the function of chairing the HCA if the person— A person who— is eligible for reappointment. The Secretary of State may remove a member who—
In section 172(8) of the Local Government and Housing Act 1989 (transfers of new town housing stock) in the definition of “new town corporation” omit “the Commission for the New Towns or”.
In section 3 of the Planning (Hazardous Substances) Act 1990 (hazardous substances authorities: special cases) for subsection (5A) substitute—
In section 191 (interpretation: general), in the definition of “new town corporation”, for paragraph (a) (but not the “and” following it) substitute—.
Section 43A of the Finance Act 1996 (landfill tax in relation to contaminated land) is amended as follows. In subsection (5) omit paragraph (e). In subsection (6) omit the definition of “English Partnerships”.
The Greater London Authority Act 1999 is amended as follows.
Section 119 of the Immigration and Asylum Act 1999 (persons subject to immigration control to be disregarded in determining another person’s eligibility for accommodation or assistance) is amended as follows. In subsection (1)(b) for “another person” substitute “a person falling within subsection (1A)”. After subsection (1) insert—
Section 333A (the London housing strategy) is amended as follows. In subsection (3)— In subsection (4)— In subsection (8)(a) for “Housing Corporation” substitute “Homes and Communities Agency”. In subsection (10)—
In section 333D (duty to have regard to the London housing strategy)—
in the heading for “Housing Corporation” substitute “Homes and Communities Agency”, and
in subsection (1) for the words from “under” to “Corporation” substitute “relating to Greater London and conferred by or under Part 1 of the Housing and Regeneration Act 2008 (other than any function conferred by virtue of section 13 or 14 of that Act), the Homes and Communities Agency”.
Section 408 (transfers of property, rights or liabilities) is amended as follows. In subsection (3) omit paragraphs (h) and (i). Omit subsection (6).
In section 409 (transfer schemes) omit subsection (5).
This section applies to a ... registered provider which is a registered charity.
The charity shall—
keep proper accounting records of its transactions and its assets and liabilities in relation to its housing activities, and
maintain a satisfactory system of control of those records, its cash holdings and its receipts and remittances in relation to those activities.
For each period of account the charity shall prepare—
a revenue account giving a true and fair view of the charity's income and expenditure during the period, so far as relating to its housing activities, and
a balance sheet giving a true and fair view of the state of affairs of the charity as at the end of the period.
The revenue account and balance sheet must be signed by at least two directors or trustees.
“Period of account” means—
a period of 12 months, or
such other period not less than 6 months nor more than 18 as the charity may, with the consent of the regulator, determine.
This section does not affect any obligation under Part 8 of the Charities Act 2011.
This section applies in relation to the accounts of a charity under section 135(3).
If Condition 1 or 2 is met, the charity shall cause a qualified person to audit the accounts and report on them in accordance with section 137.
If neither Condition is met, the charity shall cause a qualified person (“the reporting accountant”) to report on the accounts in accordance with section 138.
Condition 1 is met if the accounts relate to a period during which the charity's gross income arising in connection with its housing activities was greater than the sum specified in section 144(1)(a) of the Charities Act 2011.
Condition 2 is met if—
the accounts relate to a period during which the charity's gross income arising in connection with its housing activities was greater than the accounts threshold as defined by section 144(1) of the Charities Act 2011, and
at the end of the period the aggregate value of its assets (before deduction of liabilities) in respect of its housing activities was greater than the sum specified in section 144(1)(b).
“Gross income” has the same meaning as in section 144 of the Charities Act 2011.
“Qualified person” means a person professionally qualified as an accountant.
An auditor appointed for the purposes of section 136(2) or 139(2) in respect of a charity's accounts shall make a report to the charity in accordance with this section.
The report must state—
whether the revenue account gives a true and fair view of the charity's income and expenditure, so far as relating to its housing activities, and
whether the balance sheet gives a true and fair view of the state of affairs of the charity as at the end of the period to which the accounts relate.
The report must give the name of the auditor and be signed.
The auditor shall, in preparing the report, carry out such investigations as are necessary to form an opinion as to—
whether the charity has complied with section 135(2) during the period to which the accounts relate, and
whether the accounts are in accordance with accounting records kept under section 135(2)(a).
If the auditor thinks that the charity has not complied section 135(2) or that the accounts are not in accordance with its accounting records, that must be stated in the report.
If the auditor fails to obtain all the information and explanations which the auditor thinks necessary for the purposes of the audit, that must be stated in the report.
A reporting accountant appointed for the purposes of section 136(3) in respect of a charity's accounts shall make a report to the charity in accordance with this section.
The report must state whether the accounts are in accordance with accounting records kept under section 135(2)(a).
On the basis of the information in the accounting records the report must also state whether—
the accounts comply with the requirements of the Charities Act 2011;
section 136(3) applied in respect of the accounts.
The report must give the name of the reporting accountant and be signed.
If the reporting accountant fails to obtain all the information and explanations which the reporting accountant thinks necessary for the purposes of preparing the report, that must be stated in the report.
This section applies where, in accordance with section 136(3), a charity appoints a reporting accountant to prepare a report in respect of any accounts.
The regulator may require the charity to—
cause a qualified person to audit the accounts and prepare a report on them in accordance with section 137, and
send a copy of the report to the regulator by a specified date.
A requirement under subsection (2) may be imposed only during the period of account following the period to which the accounts relate.
In this section—
This section applies to a person who is appointed by a charity for the purposes of section 136(2) or (3) or 139(2).
The charity must grant the person access to its documents, if or in so far as they relate to its housing activities.
An officer of the charity must provide such information or explanations as the person thinks necessary.
A private registered provider commits an offence if it fails, without reasonable excuse, to comply with—
a direction under section 127,
a provision listed in subsection (2), or
a requirement imposed under a provision listed in subsection (3).
The provisions referred to in subsection (1)(b) are—
section 128;
section 129;
section 135;
section 136.
The provisions referred to in subsection (1)(c) are—
section 133;
section 134;
section 139.
If a private registered provider fails to comply with a direction, provision or requirement mentioned in subsection (1) every officer of the private registered provider is guilty of an offence.
It is a defence for an officer to show that the officer did everything that could reasonably have been expected to ensure compliance by the private registered provider.
A person guilty of an offence under this section is liable on summary conviction to a fine ....
Proceedings for an offence may be brought only by or with the consent of—
the regulator, or
the Director of Public Prosecutions.
If a private registered provider fails to comply with a direction, provision or requirement mentioned in section 141(1), the High Court may on the application of the regulator make an order for the purpose of remedying the failure.
An order may include provision about costs.
This section applies to information that a person has received while acting—
as auditor of a private registered provider, or
as a reporting accountant in relation to a private registered provider.
The person may disclose the information to the regulator for a purpose connected with the regulator's functions—
despite any duty of confidentiality, and
whether or not the regulator requests the information.
The reference to disclosing information includes expressing an opinion on it.
“Reporting accountant” means a person who is appointed to prepare a report which, by virtue of any enactment, has to be prepared in respect of accounts that are not subject to audit.
A registered provider must designate an individual to carry out the functions in section 126B.
The individual designated under subsection (1) is referred to in this Part as the “health and safety lead” for the registered provider.
The health and safety lead must be—
in the case of a private registered provider—
if the provider has at least 15 employees, an employee of the provider;
otherwise, an employee or officer of the provider;
in the case of a local authority which operates executive arrangements and has a leader and cabinet executive (England)—
the executive leader,
another member of the executive, or
an employee of the authority;
in the case of a local authority which operates executive arrangements and has a mayor and cabinet executive—
a member of the executive other than the elected mayor, or
an employee of the authority;
in the case of the Common Council of the City of London, an employee of the Common Council;
in the case of any other local authority—
the chairman or vice-chairman of the authority (if holding a paid office), or
an employee of the authority.
In this section and section 126B, the following terms have the same meanings as in Part 1A of the Local Government Act 2000 (and see the provisions of that Act mentioned)—
For the purposes of subsection (3)(e)(i)—
the references to the chairman and vice-chairman of an authority are to those persons elected under section 3 or 5 of the Local Government Act 1972 (or in relation to a London borough council are to be read in accordance with section 270(4) of that Act);
a chairman or vice-chairman holds a “paid office” if the council pays the person an allowance.
The Secretary of State may by regulations amend this section to alter who may be the health and safety lead for a registered provider.
The functions of the health and safety lead for a registered provider are to—
monitor the provider’s compliance with health and safety requirements;
assess risks of failure to comply with health and safety requirements;
notify the responsible body of the provider of—
risks assessed under paragraph (b) of material failures by the provider to comply with health and safety requirements;
material failures by the provider to comply with health and safety requirements;
provide advice to the responsible body as to how the provider should address risks and failures notified to the responsible body under paragraph (c) for the purpose of ensuring that the provider complies with health and safety requirements.
In this Part, “health and safety requirement”, in relation to a registered provider, means a statutory requirement, so far as it—
relates to the health or safety of tenants of social housing, and
applies to the provider by virtue of being the provider of that social housing (including where it is expressed as applying to a landlord or employer or in some other way).
In this section, “statutory requirement” means a requirement imposed by or by virtue of legislation and includes—
an obligation under a covenant implied by or under legislation (such as a covenant under section 9A of the Landlord and Tenant Act 1985 (fitness for human habitation of dwellings in England));
a requirement imposed—
by a notice given under legislation, or
by or as a result of other action (such as enforcement action mentioned in section 5(2) or 7(2) of the Housing Act 2004 (housing conditions: category 1 and 2 hazards)) taken under legislation.
In subsection (3), “legislation” means any provision of or made under—
an Act of Parliament, or
a Measure or Act of Senedd Cymru.
For the purposes of this section, the “responsible body” of a registered provider— (See section 126A(4) for the meanings of terms used in paragraph (a).)
in the case of a local authority which operates executive arrangements, is the executive;
in the case of any other local authority, is the councillors;
in the case of a private registered provider, has the meaning given by the following table— Private registered provider Meaning of “responsible body” Registered charity which is not a registered company Its charity trustees within the meaning given by section 177 of the Charities Act 2011 Registered society Its committee within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014 Registered company Its directors within the meaning given by section 250 of the Companies Act 2006 Limited liability partnership Its members
A registered provider must—
ensure that the health and safety lead— to perform the role of health and safety lead effectively;
has sufficient authority (including, in particular, authority to obtain information) within the provider’s organisation, and
can devote sufficient time to the functions of the health and safety lead,
provide the health and safety lead with the resources needed to carry out those functions.
A registered provider must, in accordance with requirements published by the regulator—
notify the regulator of the name and contact details of the health and safety lead, and
publish that information.
Nothing in sections 126A to 126C affects—
the responsibility of a registered provider for compliance with health and safety requirements, or
the liability of the registered provider or of any director, member or other officer or person for a failure to comply with health and safety requirements.
The health and safety lead is not, by virtue of those sections— (but this does not affect any responsibility or liability which the individual designated under section 126A has otherwise than as health and safety lead).
responsible for the registered provider’s compliance with health and safety requirements, or
liable for a failure by the registered provider to comply with health and safety requirements,
A registered provider may nominate an individual to carry out the functions of the health and safety lead if the health and safety lead is unable to act due to absence or illness.
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This group of sections does not apply to local authorities.
A moratorium on the disposal of land by a private registered provider begins when any of the events mentioned in subsection (2) occur in relation to the provider.
The events are—
a petition is presented under section 124 of the Insolvency Act 1986, by a person other than the Secretary of State, for the winding up of the provider;
an application is made by the provider under section 105(3) of the Housing and Planning Act 2016 for permission to pass a resolution for voluntary winding up;
an application is made in accordance with paragraph 12 of Schedule B1 to the Insolvency Act 1986, by a person other than the Secretary of State, for an administration order in respect of the provider;
a notice of the appointment of an administrator of the provider under paragraph 14 or 22 of Schedule B1 to the Insolvency Act 1986 is filed with the court under paragraph 18 or 29 of that Schedule;
notice of intention to enforce a security over property of the provider is given under section 108(2)(a) of the Housing and Planning Act 2016 or the requirement to give such notice is waived under section 108(2)(b) of that Act.
If the notice is not given the step is not invalidated (but the end of the moratorium depends on the notice being given — see section 146(2)).
The regulator shall give the HCA a copy of any notice received under this section. Step Person Any step, of a kind prescribed for the purposes of this section by the Secretary of State by order, to enforce a security over land held by a registered provider The person taking the step The presenting of a petition for winding up a registered provider which is— a registered company, or an industrial and provident society But not the presenting of a petition by the directors or other governing body of the registered provider or by the regulator under section 166 The petitioner The passing of a resolution for the winding up of a registered provider which is— a registered company, or an industrial and provident society The registered provider A decision by the directors or other governing body of a registered provider to present a petition for winding up where the registered provider is— a registered company, or an industrial and provident society The directors or governing body The making of an administration order in accordance with paragraph 13 of Schedule B1 to the Insolvency Act 1986 in respect of a registered provider which is a registered company The person who applied for the order The appointment of an administrator under paragraph 14 or 22 of that Schedule in respect of a registered provider which is a registered company The person making the appointment
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The moratorium mentioned in section 145 ends when one of the following occurs—
the expiry of the relevant period,
the making of a housing administration order under Chapter 5 of Part 4 of the Housing and Planning Act 2016 in relation to the registered provider, or
the cancellation of the moratorium (see subsection (5)).
During a moratorium the regulator may extend it (or further extend it) for a specified period if—
the regulator has made reasonable enquiries with a view to locating secured creditors of the registered provider, and
where the regulator located one or more such creditors, each of them has consented to the extension.
The “relevant period” is—
the period of 28 days beginning with the relevant day, plus
any period by which that period is extended under subsection (3).
The “relevant day” is—
in the case of an event mentioned in section 145(2)(a), the day on which notice under section 104(2)(a) of the Housing and Planning Act 2016 is given or on which the requirement to give such notice is waived under section 104(2)(b) of that Act;
in the case of an event mentioned in section 145(2)(b), the day on which notice under section 105(4)(a) of the Housing and Planning Act 2016 is given or on which the requirement to give such notice is waived under section 105(4)(b) of that Act;
in the case of an event mentioned in section 145(2)(c), the day on which notice under section 106(3)(a)(i) of the Housing and Planning Act 2016 is given or on which the requirement to give such notice is waived under section 106(3)(a)(ii) of that Act;
in the case of an event mentioned in section 145(2)(d), the day on which notice under section 107(4)(a)(i) of the Housing and Planning Act 2016 is given or on which the requirement to give such notice is waived under section 107(4)(a)(ii) of that Act;
in the case of an event mentioned in section 145(2)(e), the day of that event.
If the regulator extends a moratorium it shall notify—
the registered provider, and
any liquidator, administrator, administrative receiver or receiver appointed in respect of the registered provider or its land, ...
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During a moratorium the regulator may cancel it ....
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When a moratorium ends the regulator shall give notice, and (except in the case of cancellation) an explanation of section 147, to—
the registered provider, and
such of its secured creditors as the regulator is able to locate after making reasonable enquiries.
If the regulator extends a moratorium in respect of a private registered provider who owns land in Greater London, the regulator shall also notify the Greater London Authority.
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If an event mentioned in section 145(2) occurs during a moratorium, that does not—
start a new moratorium, or
alter the existing moratorium's duration.
The regulator shall also notify the HCA as follows—
if it extends a moratorium, and
when a moratorium ends.
When a moratorium in respect of a private registered provider who owns land in Greater London ends, the regulator shall also give notice to the Greater London Authority.
This section applies if—
a moratorium in respect of a private registered provider ends otherwise than by cancellation, and
a further event mentioned in section 145(2) occurs in relation to the provider within the period of 3 years beginning with the end of the moratorium.
The further event mentioned in section 145(2 does not automatically trigger a further moratorium.
But the regulator may impose a further moratorium for a specified period if—
the regulator has made reasonable enquiries with a view to locating secured creditors of the registered provider, and
where the regulator located one or more such creditors, each of them has consented to the further moratorium.
If the regulator imposes a new moratorium it shall notify—
the HCA,
the registered provider,and
any liquidator, administrator, administrative receiver or receiver appointed in respect of the registered provider or any of its land, ...
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This group of sections applies to a further moratorium as to a first moratorium (except for section 146(2)).
If the regulator imposes a new moratorium in respect of a private registered provider who owns land in Greater London, the regulator shall also notify the Greater London Authority.
During a moratorium neither the HCA , nor the Greater London Authority, may—
... give the registered provider a direction under section 32(4), or
... take steps to enforce such a direction against the registered provider.
During a moratorium a disposal of the registered provider's land requires the regulator's prior consent.
Section 149 sets out exceptions to subsection (2).
Consent—
may be given before the moratorium begins, and
may be subject to conditions.
This section does not prevent a liquidator from disclaiming land as onerous property during a moratorium.
In this section “land” includes a present or future interest in rent or other receipts arising from land.
The regulator's consent is not required under section 148 for the following exceptions.
Exception 1 is a letting under—
an assured tenancy, or
an assured agricultural occupancy.
Exception 2 is a letting under what would be an assured tenancy or an assured agricultural occupancy but for any of paragraphs 4 to 8, 12(1)(h) and 12ZA to 12B of Schedule 1 to the Housing Act 1988 (c. 50) (tenancies which cannot be assured tenancies).
Exception 3 is a letting under a secure tenancy.
Exception 4 is a letting under what would be a secure tenancy but for any of paragraphs 2 to 12 of Schedule 1 to the Housing Act 1985 (c. 68) (tenancies which are not secure tenancies).
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section 81 or 133 of the Housing Act 1988 (c. 50), or
section 173 of the Local Government and Housing Act 1989 (c. 42).
Exception 5 is a disposal under Part V of the Housing Act 1985 (right to buy).
Exception 6 is a disposal under the right conferred by—
section 180, ...
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Exception 7 is a letting under an occupation contract (within the meaning of section 7 of the Renting Homes (Wales) Act 2016 (anaw 1)) in respect of a dwelling in Wales.
A purported disposal by a registered provider is void if—
it requires the regulator's consent under section 148, and
the regulator has not given consent.
But subsection (1) does not apply to a disposal by a non-profit registered provider to one or more individuals (“the buyer”) if—
the disposal is of a single dwelling, and
the registered provider reasonably believes at the time of the disposal that the buyer intends to use the property as the buyer's principal residence.
During a moratorium the regulator may appoint an interim manager of the registered provider.
An appointment may relate to the registered provider's affairs generally or to affairs specified in the appointment.
Appointment shall be on terms and conditions (including as to remuneration) specified in, or determined in accordance with, the appointment.
An appointment under this section shall come to an end with the earliest of the following—
the end of the moratorium,
when the regulator notifies the interim manager that there are proposals under section 152 which are agreed proposals, or
a date specified in the appointment.
An interim manager shall have—
any power specified in the appointment, and
any other power in relation to the registered provider's affairs required by the manager for the purposes specified in the appointment (including the power to enter into agreements and take other action on behalf of the registered provider).
But an interim manager may not—
dispose of land, or
grant security over land.
During a moratorium the regulator may make proposals about the future ownership and management of the registered provider's land, with a view to ensuring that the property will be properly managed by a registered provider.
In making proposals the regulator shall—
have regard to the interests of the registered provider's creditors as a whole, and
so far as is reasonably practicable avoid worsening the position of unsecured creditors.
Proposals may provide for the appointment of a manager in accordance with section 155 to implement all or part of the proposals.
Proposals may not include anything which would result in—
a preferential debt being paid otherwise than in priority to a non-preferential debt, ...
a preferential creditor (PC1) being paid a smaller proportion of an ordinary preferential debt than another preferential creditor (PC2) (unless PC1 consents) ...
an ordinary preferential debt being paid otherwise than in priority to a secondary preferential debt,
a preferential creditor (PC1) being paid a smaller proportion of a secondary preferential debt than another preferential creditor (PC2) (unless PC2 consents) or
if the registered provider is a relevant financial institution—
an ordinary non-preferential debt being paid otherwise than in priority to a secondary non-preferential debt,
a secondary non-preferential debt being paid otherwise than in priority to a tertiary non-preferential debt, or
a secondary non-preferential creditor (Creditor 1) being paid a smaller proportion of a secondary non-preferential debt than another secondary non-preferential creditor (Creditor 2) (unless Creditor 1 consents).
Proposals relating to a registered provider which is a charity (C1)—
may not require it to act outside the terms of its trusts, and
may provide for the disposal of accommodation only to another charity whose objects the regulator thinks are similar to those of C1.
Before making proposals the regulator shall consult—
the registered provider,
its tenants (so far as is reasonably practicable) or its contract-holders (so far as is reasonably practicable),
if the registered provider is a registered society, the Financial Conduct Authority, and
if the regulator is able to locate any secured creditors of the registered provider after making reasonable enquiries, those creditors,
if the registered provider is a registered charity, the Charity Commission.
Where the regulator locates one or more secured creditors of the registered provider for the purposes of subsection (1), the regulator must, before making proposals, send a copy of draft proposals to—
the registered provider ...,
the secured creditors located for the purposes of subsection (1), and
any liquidator, administrator, administrative receiver or receiver appointed in respect of the registered provider or any of its land.
If no secured creditors are located for the purposes of subsection (1), the proposals made by the regulator following the consultation required by that subsection are agreed proposals for the purposes of this group of sections.
If the regulator sends draft proposals under subsection (2), the regulator must also make arrangements for bringing those proposals to the attention of—
the registered provider's members,
its tenants or contract-holders and
its unsecured creditors.
If each secured creditor to whom draft proposals were required to be sent agrees to them by notice to the regulator, the draft proposals become agreed proposals for the purposes of this group of sections.
Draft proposals may be agreed with modifications if—
each secured creditor to whom the draft proposals were required to be sent consents by notice to the regulator, and
the regulator consents.
The regulator shall send a copy of agreed proposals to—
the registered provider ...,
any secured creditors to whom draft proposals were sent,
any liquidator, administrator, administrative receiver or receiver appointed in respect of the registered provider or any of its land,
if the registered provider is a registered society, the Financial Conduct Authority, and
if the registered provider is a registered charity, the Charity Commission.
The regulator shall also make arrangements for bringing agreed proposals to the attention of—
the registered provider's members,
its tenants or contract-holders and
its unsecured creditors.
The regulator may make proposals amending agreed proposals; and this section and section 152 apply to such proposals.
The following are obliged to implement agreed proposals—
the regulator,
the registered provider,
its creditors, and
any liquidator, administrator, administrative receiver or receiver appointed in respect of the registered provider or any of its land.
The following shall co-operate with implementation of agreed proposals—
in the case of a charitable trust, its trustees,
in the case of a registered society, its committee members, and
in the case of a charitable incorporated organisation, its charity trustees (as defined by section 177 of the Charities Act 2011),
in the case of a limited liability partnership, its members,
in the case of a registered company, its directors.
Subsection (2) does not require or permit a breach of a fiduciary or other duty.
This section applies where agreed proposals provide for the appointment of a manager.
The proposals must provide for the manager to be paid reasonable remuneration and expenses.
The regulator shall appoint a manager.
The regulator may give the manager directions (general or specific).
The manager may apply to the High Court for directions (and directions of the regulator are subject to directions of the High Court).
If the registered provider is a charity, the regulator must notify the Charity Commission that a manager has been appointed.
The regulator may appoint a new manager in place of a person who ceases to be manager (in accordance with terms of appointment specified in the proposals or determined by the regulator).
A manager—
may do anything necessary for the purpose of the appointment,
acts as the registered provider's agent (and is not personally liable on a contract), and
has ostensible authority to act for the registered provider (so that a person dealing with the manager in good faith and for value need not inquire into the manager's powers).
In particular, the terms of a manager's appointment may confer power—
to sell or otherwise dispose of land by public auction or private contract;
to raise or borrow money;
to grant security over land;
to grant or accept surrender of a lease;
to take a lease;
to take possession of property;
to appoint a solicitor, accountant or other professional to assist the manager;
to appoint agents and staff (and to dismiss them);
to make payments;
to bring or defend legal proceedings;
to refer a question to arbitration;
to make any arrangement or compromise;
to carry on the business of the registered provider;
to carry out works and do other things in connection with the management or transfer of land;
to take out insurance;
to use the registered body's seal;
to execute in the name and on behalf of the registered provider any deed, receipt or other document;
to do anything incidental to a power in paragraphs (a) to (q).
A manager shall so far as is reasonably practicable consult and inform the registered provider's tenants about an exercise of powers likely to affect them.
This section applies to a manager appointed to implement proposals relating to a registered society.
The appointment may confer on the manager power to make and execute on behalf of the society—
an instrument providing for the amalgamation of the society with another registered society, or
an instrument transferring its engagements.
An instrument providing for the amalgamation of a society (“S1”) with another has the same effect as a resolution by S1 under section 109 of the Co-operative and Community Benefit Societies Act 2014 (amalgamation of societies by special resolution).
An instrument transferring engagements has the same effect as a transfer of engagements under section 110 or 112 of the Co-operative and Community Benefit Societies Act 2014 (transfer by special resolution to another society or company).
A copy of the instrument shall be sent to and registered by the Financial Conduct Authority.
An instrument does not take effect until the copy is registered.
The copy must be sent for registration during the period of 14 days beginning with the date of execution; but a copy registered after that period is valid.
The regulator may give financial or other assistance to the registered provider for the purpose of preserving its position pending the regulator deciding whether to exercise the power under section 152 to make proposals and (if proposals are made) the proposals becoming agreed proposals.
The regulator may give financial or other assistance to the registered provider, or a manager appointed under section 155, to facilitate the implementation of agreed proposals.
In particular, the regulator may—
lend staff;
arrange payment of the manager's remuneration and expenses.
The regulator may do the following only with the Secretary of State's consent—
make grants,
make loans,
indemnify a manager,
make payments in connection with secured loans, and
guarantee payments in connection with secured loans.
A private registered provider may apply to the High Court where the registered provider thinks that action taken by a manager is not in accordance with the agreed proposals.
A creditor of a private registered provider may apply to the High Court where the creditor thinks that action taken by a manager is not in accordance with the agreed proposals.
The High Court may—
confirm, annul or modify an act of the manager;
give the manager directions;
make any other order.
If a person bound by agreed proposals (P1) thinks that action by another person (P2) breaches section 154, P1 may apply to the High Court.
The High Court may—
confirm, annul or modify the action;
grant relief by way of injunction, damages or otherwise.
This section applies to a ... registered provider which is a registered company or a limited liability partnership.
The registered provider must notify the regulator of any voluntary arrangement under Part 1 of the Insolvency Act 1986.
The registered provider must notify the regulator of any order under section 899 of the Companies Act 2006 (court sanction for compromise or arrangement).
is effective only if the regulator has first consented, and
does not take effect until a copy of the consent is delivered to the registrar of companies.
An order under section 899 of Companies Act 2006 does not take effect until the registered provider has confirmed to the registrar of companies that the regulator has been notified.
The registered provider must notify the regulator of any order under section 900 of the Companies Act 2006 (powers of court to facilitate reconstruction or amalgamation).
The requirement in section 900(6) of the Companies Act 2006 (sending copy of order to registrar) is satisfied only if the copy is accompanied by confirmation that the regulator has been notified.
The registered provider must notify the regulator of any order under section 901F of the Companies Act 2006 (court sanction for compromise or arrangement).
An order under section 901F of the Companies Act 2006 does not take effect until the registered provider has confirmed to the registrar of companies that the regulator has been notified.
The registered provider must notify the regulator of any order under section 901J of the Companies Act 2006 (powers of court to facilitate reconstruction or amalgamation).
The requirement in section 901J(6) of the Companies Act 2006 (sending copy of order to registrar) is satisfied only if the copy is accompanied by confirmation that the regulator has been notified.
This group of sections does not apply to local authorities.
This section applies to a ... registered provider which is a registered company.
The registered provider must notify the regulator of any resolution under section 115 of the Co-operative and Community Benefit Societies Act 2014 for converting the registered provider into a registered society.
the regulator has consented to the resolution, and
a copy of the consent accompanies the resolution as sent to the registrar.
The registrar of companies may register a resolution under that section only if the registered provider has confirmed to the registrar that the regulator has been notified.
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This section applies to a non-profit registered provider which is a registered company.
A special resolution for the voluntary winding-up of the company under the Insolvency Act 1986 (c. 45) is effective only if the regulator has first consented.
The requirement under section 30 of the Companies Act 2006 (c. 46) (sending copy of resolution to registrar) is satisfied only if the copy is accompanied by a copy of the regulator’s consent.
This section applies to a ... registered provider which is a registered society.
The registered provider must notify the regulator of any resolution passed by the society for the purposes of the restructuring provisions listed in subsection (4).
the regulator has consented to the resolution, and
a copy of the consent accompanies the resolution as sent to the Authority.
The Financial Conduct Authority may register the resolution only if the registered provider has confirmed to the Financial Conduct Authority that the regulator has been notified.
section 50 (amalgamation of societies),
section 51 (transfer of engagements between societies), and
section 52 of that Act (conversion into or amalgamation with registered company).
The following provisions of the Co-operative and Community Benefit Societies Act 2014 are the restructuring provisions—
section 109 (amalgamation of societies);
section 110 (transfer of engagements between societies);
section 112 (conversion of society into a company etc).
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This section applies to a registered provider which is a registered company.
The registered provider must notify the regulator if a registered society which is not a registered provider passes a resolution under section 112(1)(c) of the Co-operative and Community Benefit Societies Act 2014 transferring its engagements to the registered provider.
The Financial Conduct Authority may register the resolution only if the registered society which passed it has confirmed to the Financial Conduct Authority that the regulator has been notified.
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This section applies to a non-profit registered provider which is an industrial and provident society.
A resolution for the voluntary winding-up of the society under the Insolvency Act 1986 is effective only if the regulator has first consented.
The requirement in section 30 of the Companies Act 2006 (c. 46) (as applied by section 55 of the Industrial and Provident Societies Act 1965 and section 84(3) of the Insolvency Act 1986) (sending copy of resolution to FSA) is satisfied only if the copy is accompanied by a copy of the regulator’s consent.
This section applies to a ... registered provider which is—
a registered society, and
to be dissolved by instrument of dissolution in accordance with section 119 of the Co-operative and Community Benefit Societies Act 2014.
The registered provider must notify the regulator.
the regulator has consented to the dissolution, and
a copy of the consent accompanies the instrument as sent to the Authority.
The Financial Conduct Authority may register the instrument under section 121 of that Act, or cause notice of the dissolution to be advertised under section 122 of that Act, only if the registered provider has confirmed to the Financial Conduct Authority that the regulator has been notified.
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This section applies to a non-profit registered provider which is—
a registered company, or
an industrial and provident society.
The regulator may present a petition for the registered provider to be wound up under the Insolvency Act 1986 (c. 45) on any of the following grounds.
Ground 1 is that the registered provider is failing properly to carry out its objects.
Ground 2 is that the registered provider is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986.
Ground 3 is that the regulator has directed the registered provider under section 253 to transfer all its land to another person.
This section applies where —
a registered provider notifies the regulator of a resolution passed by the provider for the purposes of section 109 of the Co-operative and Community Benefit Societies Act 2014 (amalgamation of societies);
a registered provider notifies the regulator of a resolution passed by the provider for the purposes of section 112(1)(b) of that Act (amalgamation of society and company);
a registered provider notifies the regulator of a resolution passed by the provider for the purposes of section 110 of that Act (transfer of engagements between societies) and the society to which engagements are transferred is not a registered provider;
a registered provider notifies the regulator of a resolution passed by the provider for the purposes of section 112(1)(c) of that Act (transfer of engagements between society and company) and the company to which engagements are transferred is not a registered provider.
When the resolution mentioned in subsection (1) (“the relevant resolution”) takes effect, the regulator must decide whether the successor body is eligible for registration under section 112.
“The successor body” means—
if the relevant resolution is a resolution described in paragraph (a) or (b) of subsection (1), the body created by virtue of that resolution or by virtue of that resolution and other resolutions described in that paragraph, and
if the relevant resolution is a resolution described in paragraph (c) or (d) of subsection (1), the body to which engagements are transferred by virtue of the resolution.
If the successor body is eligible for registration, the regulator must register it and notify it that it has done so.
If the successor body is not eligible for registration, the regulator must notify it of that fact.
Pending registration, or notification that it is not eligible for registration, the successor body is to be treated as if it were registered and designated as a non-profit organisation.
This section applies to a registered provider which is a registered society.
The registered provider must notify the regulator if a registered society which is not a registered provider passes a resolution under section 110(1) of the Co-operative and Community Benefit Societies Act 2014 transferring its engagements to the registered provider.
The Financial Conduct Authority may register the resolution only if the registered society which passed it has confirmed to the Financial Conduct Authority that the regulator has been notified.
This section applies—
where a non-profit registered provider which is a registered society is dissolved in accordance with section 119 or 123 of the Co-operative and Community Benefit Societies Act 2014, and
where a non-profit registered provider which is a registered company is wound up under the Insolvency Act 1986.
Any surplus property that is available after satisfying the registered provider's liabilities shall be transferred—
to the regulator, or
if the regulator directs, to a specified non-profit registered provider.
If land belonging to the registered provider needs to be sold to satisfy its liabilities, the regulator may discharge those liabilities so as to ensure that the land is instead transferred in accordance with subsection (2).
Where the registered provider dissolved or wound up is a charity, a registered provider may be specified under subsection (2)(b) only if it is a charity whose objects the regulator thinks are similar to those of the original charity.
This section has effect despite anything in—
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the Insolvency Act 1986,
the Companies Act 2006 (c. 46),
the constitution of a registered provider.
the Co-operative and Community Benefit Societies Act 2014, or
This section applies to property transferred to the regulator in accordance with section 167(2)(a).
The regulator may dispose of the property only to a non-profit registered provider.
Where the registered provider wound up or dissolved was a charity, the regulator may dispose of the property only to a registered provider—
which is a charity, and
whose objects the regulator thinks are similar to those of the original charity.
If the property includes land subject to a mortgage or charge, the regulator may dispose of the land—
subject to that mortgage or charge, or
subject to a new mortgage or charge in favour of the regulator.
The Secretary of State may by regulations provide for sections 167 and 168 to apply in relation to a registered provider which is a charity but not a registered company—
in specified circumstances, and
with specified modifications.
This group of sections does not apply to local authorities.
A ... registered provider that is a registered society must notify the regulator of any change to the society's rules , name or registered office.
The trustees of a registered charity that is a registered provider must notify the regulator of any change to—
the trusts of the charity;
the purposes of the charity (if not falling within paragraph (a));
the name of the charity entered in the register of charities;
any number allocated to the charity by the Charity Commission which appears in the register of charities;
any contact address for the charity which appears in the register of charities.
But the duty to notify the regulator of changes to the matters mentioned in paragraphs (a) to (c) does not apply to the trustees of a registered charity that is a registered company.
In this section—
A ... registered provider that is a registered company must notify the regulator of—
any amendment of the company's articles of association,
any change to its name or registered office.
A registered provider that is a limited liability partnership must notify the regulator of any change to its name or registered office.
This group of sections does not apply to local authorities.
A registered provider must notify the regulator if—
the board members of the registered provider change (whether as a result of an appointment or removal of a board member or for any other reason), and
following that change, any of the circumstances described in subsection (2) arise.
The circumstances are that—
the number of board members of the provider has increased by more than 50% since the beginning of the relevant period;
the number of board members of the provider has decreased by more than 50% since the beginning of the relevant period;
more than 50% of the board members of the provider are persons who were not board members of the provider at the beginning of the relevant period.
For the purposes of this section, the “board members” of a registered provider are—
in the case of a registered charity which is not a registered company, its charity trustees within the meaning given by section 177 of the Charities Act 2011;
in the case of a registered society, the members of its committee within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014;
in the case of a registered company, its directors within the meaning given by section 250 of the Companies Act 2006;
in the case of a limited liability partnership, its members.
For the purposes of this section, “the relevant period” is—
the period of 12 months ending with the day on which the change mentioned in subsection (1)(a) takes effect (“the 12 month period”), or
if the registered provider was not a registered provider throughout the 12 month period, the period—
beginning with the day (or, if more than one, the latest day) in the 12 month period on which it became a registered provider, and
ending with the day on which the change mentioned in subsection (1)(a) takes effect.
A registered provider must notify the regulator each time—
it becomes a subsidiary of a person, or
it ceases to be a subsidiary of a person.
The regulator may give directions about—
the period within which notifications under sections 160 to 165 or 169A to 169CD must be given by ... registered providers;
the content of those notifications.
The regulator may give directions dispensing with notification requirements imposed by sections 160 to 165 or 169A to 169CD.
A direction under this section may be—
general, or
specific (whether as to particular registered providers, particular kinds of notification requirement or in any other way).
A direction dispensing with a notification requirement may include conditions.
The regulator must make arrangements for bringing a direction under this section to the attention of every registered provider to which it applies.
This Chapter makes provision about the disposal of property by private registered providers.
A private registered provider may dispose of land.
But a non-profit registered provider may dispose of the landlord's interest under a secure tenancy only to another non-profit registered provider or to a local authority which is a registered provider.
Subsection (1) is subject to the following provisions of this Chapter ....
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Disposal of a dwelling by a registered provider requires the regulator’s consent if the dwelling is social housing.
The regulator shall not consent to a disposal by a non-profit registered provider which it thinks is being made with a view to enabling the provider to distribute assets to members.
Consent is not required under this section if the disposal falls within an exception listed in section 173.
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This section lists exceptions to the requirement of consent in section 172.
Exception 1 is that consent is not required for disposal by a registered provider by way of—
an assured tenancy,
an assured agricultural occupancy,
an arrangement that would be an assured tenancy or an assured agricultural occupancy but for any of paragraphs 4 to 8, 12(1)(h) and 12ZA to 12B of Schedule 1 to the Housing Act 1988 (c. 50) (exclusions),
a secure tenancy, or
an arrangement that would be a secure tenancy but for any of paragraphs 2 to 12 of Schedule 1 to the Housing Act 1985 (c. 68) (exclusions).
Exception 2 is that consent is not required for a disposal for which consent is required under—
section 81 or 133 of the Housing Act 1988, or
section 173 of the Local Government and Housing Act 1989 (c. 42).
Exception 3 is that consent is not required for a disposal under Part V of the Housing Act 1985 (right to buy).
Exception 4 is that consent is not required for a disposal in pursuance of a tenant’s right to acquire under—
section 180, or
section 16 of the Housing Act 1996 (c. 52) (tenant’s right to acquire social housing in Wales).
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Consent may be—
general, or
specific (whether as to particular registered providers, as to particular property, as to particular forms of disposal or in any other way).
Consent may be retrospective.
Consent may be expressed by reference to a policy for disposals submitted by a registered provider.
Consent may be conditional.
Before giving consent the regulator must consult—
the HCA,
one or more bodies appearing to it to represent the interests of registered providers, and
one or more bodies appearing to it to represent the interests of tenants.
Subsection (5) does not apply to specific consent relating only to one or more particular registered providers or properties.
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A purported disposal by a registered provider is void if—
it requires the regulator’s consent, and
the regulator has not given consent.
But subsection (1) does not apply to a disposal by a non-profit registered provider to one or more individuals (“the buyer”) if—
the disposal is of a single dwelling, and
the registered provider reasonably believes at the time of the disposal that the buyer intends to use the property as the buyer’s principal residence.
If a private registered provider disposes of a dwelling that is social housing it must notify the regulator.
If a non-profit registered provider disposes of land other than a dwelling it must notify the regulator.
Subsection (1) continues to apply to any land of a private registered provider even if it has ceased to be a dwelling.
The regulator may give directions about—
the period within which notifications under subsection (1) or (2) must be given;
the content of those notifications.
The regulator may give directions dispensing with the notification requirement in subsection (1) or (2).
A direction under this section may be—
general, or
specific (whether as to particular registered providers, as to particular property, as to particular forms of disposal or in any other way).
A direction dispensing with a notification requirement—
may be expressed by reference to a policy for disposals submitted by a registered provider;
may include conditions.
The regulator must make arrangements for bringing a direction under this section to the attention of every registered provider to which it applies.
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The accounts of a registered provider must show its net disposal proceeds, as a separate “disposal proceeds fund”.
The following are net disposal proceeds—
net proceeds of sale to a tenant in pursuance of the right to acquire conferred by section 180,
net proceeds of sale to a tenant in pursuance of the right to acquire conferred by section 16 of the Housing Act 1996 (c. 52),
net proceeds of sale of property in respect of which a grant was made under section 21 of that Act,
net proceeds of sale of property in respect of which a grant was made under section 19 of this Act in respect of discounts given by a registered provider on disposals of dwellings to tenants,
grant received under section 20 or 21 of the 1996 Act,
grant received under section 19 of this Act in respect of discounts given by a registered provider on disposals of dwellings to tenants,
repayments of discount in respect of which grant was received under section 20 or 21 of the 1996 Act,
repayments of discount in respect of which grant was received under section 19 of this Act in respect of discounts given by a registered provider on disposals of dwellings to tenants,
other proceeds of sale specified by the regulator, and
other grants specified by the regulator.
The regulator shall determine amounts to be deducted in determining net proceeds of sale.
The method of constituting the disposal proceeds fund and showing it in the accounts shall be in accordance with a direction of the regulator.
Subsections (5) to (7) of section 127 apply to a direction under this section as to a direction under that section.
Sections 141 and 142 apply in relation to a direction under this section as in relation to a direction under section 127.
Interest shall be added to the fund in accordance with a determination made by the regulator.
Where this section applies in relation to the proceeds of sale arising on a disposal, section 32 above, section 27 of the Housing Act 1996 (c. 52) and section 52 of the Housing Act 1988 (c. 50) do not apply.
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Sums in a registered provider’s disposal proceeds fund may be used or allocated only in accordance with a direction by the regulator.
The regulator may give a direction only with the Secretary of State’s approval.
If at the end of a period specified by the regulator the disposal proceeds fund includes sums which have not been allocated in accordance with subsection (1), the regulator may require the registered provider to pay the sums to the HCA.
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The following provisions of the Housing Act 1996 apply in relation to disposals of social housing by registered providers, with the modifications set out below (and any other necessary modifications).
The provisions are—
sections 11 to 12 (repayment of discount on disposal),
sections 12A and 12B (landlord’s right of first refusal),
section 13 (disposal of property in National Park), and
sections 14 and 15 (supplemental).
In those provisions—
references to a registered social landlord shall be treated as references to a registered provider,
references to consent given by the Welsh Ministers under section 9 of the 1996 Act shall be treated as references to consent given by the regulator under section 172 of this Act,
references to the Welsh Ministers in connection with a power to make orders or regulations shall be treated as references to the Secretary of State,
in section 12(5)(b) of the 1996 Act the reference to the Welsh Ministers shall be treated as a reference to the HCA, and
references to a resolution of the National Assembly for Wales shall be treated as references to a resolution of either House of Parliament.
This section does not affect the continued application of the provisions listed in subsection (2) in relation to disposals made before this section comes into force.
The tenant of a dwelling in England has a right to acquire the dwelling if—
the landlord is a private registered provider or a registered social landlord,
the tenancy is within subsection (2),
the provision of the dwelling was publicly funded,
the dwelling has remained in the social rented sector ever since that provision, and
the tenant satisfies any qualifying conditions applicable under Part V of the Housing Act 1985 (c. 68) (as it applies by virtue of section 184).
A tenancy is within this subsection if it is—
an assured tenancy, other than ... a long tenancy, or
a secure tenancy.
The reference in subsection (1)(a) to a private registered provider includes—
a person who provided the dwelling in fulfilment of a condition imposed by the HCA when giving assistance to the person;
a person who provided the dwelling wholly or partly by means of a grant under section 27A of the Housing Act 1996 (c. 52).
The Secretary of State may by regulations provide that an assured shorthold tenancy of a description specified in the regulations is not a tenancy within subsection (2).
The provision of a dwelling was publicly funded if any of the following conditions is satisfied.
Condition 1 is that—
the dwelling was provided by a person in fulfilment of a condition imposed by the HCA when giving assistance to the person, and
before giving the assistance the HCA notified the person that if it did so the provision of the dwelling would be regarded as publicly funded.
Condition 3 is that the dwelling was provided wholly or partly by using sums in the disposal proceeds fund of—
a private registered provider, or
a registered social landlord.
Condition 2 is that—
the dwelling was provided wholly or partly by a person using an amount for purposes for which the amount was required to be used by an HCA direction under section 32(4), and
before giving the direction the HCA notified the person that any dwelling so provided would be regarded as publicly funded.
Condition 4 is that —
the dwelling was acquired by a private registered provider, or a registered social landlord, on a disposal by a public sector landlord,
the disposal was made on or after 1st April 1997, and
at the time of the disposal the dwelling was capable of being let as a separate dwelling.
Condition 4 is not satisfied if the dwelling was acquired in pursuance of a contract made, or option created, before 1st April 1997.
In relation to a private registered provider, the reference in subsection (3) to its disposal proceeds fund is to its disposal proceeds fund before the abolition of that fund by Part 3 of Schedule 4 to the Housing and Planning Act 2016.
Condition 5 is that—
the dwelling was provided wholly or partly by means of a grant under section 18 or 27A of the Housing Act 1996 (c. 52), and
when the grant was made the recipient was notified by the Welsh Ministers that the dwelling was to be regarded as funded by means of such a grant.
This section applies for the purposes of determining whether a dwelling has remained in the social rented sector.
A dwelling shall be treated as having remained in the social rented sector for any period during which—
the freeholder was a person within subsection (3), and
each leaseholder was either a person within that subsection or an individual holding otherwise than under a long tenancy.
A person is within this subsection if the person is—
a private registered provider,
a registered social landlord, or
a public sector landlord.
A dwelling provided wholly or partly by means of a grant under section 27A of the Housing Act 1996 shall also be treated as having remained in the social rented sector for any period during which it was used exclusively for permitted purposes by—
the recipient of the grant, or
any person treated as the recipient by virtue of section 27B of that Act.
“Permitted purposes” are purposes for which the grant was made and any other purposes agreed by the Housing Corporation or the HCA.
Where a lease of a dwelling has been granted to a former freeholder in pursuance of paragraph 3 of Schedule 9 to the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) (mandatory leaseback to former freeholder on collective enfranchisement) the reference in subsection (1)(a) above to the freeholder shall be construed as a reference to the leaseholder under that lease.
The definitions in this section apply to sections 180 to 182.
The HCA gives “assistance” to a person if it— and for this purpose “infrastructure” has the same meaning as in Part 1.
transfers housing or other land to the person,
provides infrastructure to the person, or
gives financial assistance to the person,
References to a “registered social landlord” are to a body which, at the time to which the reference relates, was a registered social landlord within the meaning of Part 1 of the Housing Act 1996 (c. 52) as it then had effect.
“Leaseholder” does not include a mortgagee.
“Long tenancy” has the same meaning as in Part V of the Housing Act 1985 (c. 68).
A person provides a dwelling if the person—
acquires, constructs, converts, improves or repairs housing or other land for use as a dwelling, or
ensures such acquisition, construction, conversion, improvement or repair by another.
“Public sector landlord” means anyone falling within section 80(1) of the Housing Act 1985.
The Secretary of State may by order—
specify the amount or rate of discount to be given on the exercise of the right conferred by section 180, and
designate rural areas in relation to dwellings in which the right conferred by that section does not arise.
The provisions of Part 5 of the Housing Act 1985 apply in relation to the right to acquire under section 180—
subject to any order under subsection (1) above, and
subject to such other exceptions, adaptations and other modifications as may be specified by regulations made by the Secretary of State.
the reference to registered social landlords shall be treated as a reference to registered providers, and
the reference to a resolution of the National Assembly for Wales shall be treated as a reference to a resolution of either House of Parliament.
The regulations may provide— Nothing in this subsection affects the generality of the power conferred by subsection (2).
that the powers of the Secretary of State under sections 164 to 170 of that Act (powers to intervene, give directions or assist) do not apply,
that paragraphs 1 and 3 (exceptions for charities and certain housing associations), and paragraph 11 (right of appeal to Secretary of State), of Schedule 5 to that Act do not apply,
that the provisions of Part 5 of that Act relating to the right to acquire on rent to mortgage terms do not apply,
that the provisions of that Part relating to restrictions on disposals in National Parks etc. do not apply, and
that the provisions of that Part relating to the preserved right to buy do not apply.
The specified exceptions, adaptations and other modifications shall take the form of textual amendments of the provisions of Part 5 of that Act as they apply in relation to the right to buy under that Part; and any consolidating regulations shall set out the provisions of Part 5 as they so apply.
Before making an order which would have the effect that an area ceased to be designated under subsection (1)(b), the Secretary of State shall consult—
the local housing authority or authorities in whose district the area or any part of it is situated or, if the order is general in its effect, local housing authorities in general, and
such bodies appearing to the Secretary of State to be representative of private registered providers as the Secretary of State considers appropriate.
Regulations made under this section are consolidating regulations if they are made for the purposes of consolidating other regulations that are being revoked in the instrument containing the consolidating regulations.
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In section 16 of the Housing Act 1996 (right to acquire)—
for subsection (1) substitute—,
in subsection (2)(c) after “registered social landlord” insert “or a registered provider of social housing”, and
in subsection (3)(a) and (b)(ii) after “registered social landlord” insert “, a registered provider of social housing”.
In section 16A(1) (extension of section 16 to dwellings funded by grants under section 27A) after the first “dwelling” insert “in Wales”.
In section 20 (purchase grant where right to acquire exercised)—
in subsection (1) after “landlords” insert “and registered providers of social housing”, and
in subsection (4) after “landlord” insert “or registered provider of social housing”.
In section 21 (purchase grant in respect of other disposals)—
in subsection (1)—
after “landlords” insert “and registered providers of social housing”, and
after “dwellings” insert “in Wales”,
in subsection (2)—
after “section 16” insert “or by section 180 of the Housing and Regeneration Act 2008”, and
for “landlord's” substitute “landlord or provider (as the case may be)”, and
in subsection (4) after “landlord” insert “or registered provider of social housing”.
Where a person ceases to be a private registered provider, sections 171 and 176 (apart from section 176(2)) continue to apply in respect of any property owned by the person at any time when it was registered.
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Where the regulator’s consent is required for the disposal of a dwelling by a registered provider, sections 172 to 175 continue to apply in relation to a disposal of the land by the registered provider even if the land has ceased to be a dwelling.
Sections 172 to 175 also apply in relation to a disposal of land by a registered provider which would fall within Exception 2 or 3 of section 173 but for a change of use of the land by the registered provider.
Section 39 of the Settled Land Act 1925 (c. 18) (disposal by trustees: best price etc.) shall not apply to the disposal of land by a private registered provider.
Nothing in this Chapter authorises a charity to effect a disposal which it would not otherwise have power to effect.
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section 171D of the Housing Act 1985 (c. 68) (consent to certain disposals of housing subject to the preserved right to buy),
sections 81 and 133 of the Housing Act 1988 (c. 50) (consent to certain disposals of housing obtained from housing action trusts or local authorities), and
section 173 of the Local Government and Housing Act 1989 (c. 42) (consent to certain disposals of housing obtained from new town corporations).
In section 171D of the Housing Act 1985 (consent to certain disposals of housing obtained subject to the preserved right to buy)—
in subsection (2) (consent) for “Secretary of State” substitute “ appropriate authority ”, and
after that subsection insert—
In section 81 of the Housing Act 1988 (consent to certain disposals of housing obtained from housing action trusts)—
in subsection (3) (consent) for “Secretary of State” substitute “ appropriate authority ”,
after that subsection insert—,
in subsection (5) (consultation of tenants) for “Secretary of State” substitute “ appropriate authority ”,
in subsection (5)(a) for “himself” substitute “ itself ”, and
omit subsection (6) (consultation of Housing Corporation).
In section 133 of that Act (consent to certain disposals of housing obtained from local authorities)—
in subsection (1) (consent) for “Secretary of State” substitute “ appropriate authority ”,
after that subsection insert—,
after subsection (1A) insert—,
in subsection (3)(c) (modification of certain provisions applied for the purposes of section 133) after “this section,” insert “ any reference to the appropriate national body shall be construed as a reference to the appropriate authority and ”,
in subsection (5) (consultation of tenants) for “Secretary of State” substitute “ appropriate authority ”,
in subsection (5)(a) for “himself” substitute “ itself ”, and
omit subsection (6) (consultation of Housing Corporation).
In section 173 of the Local Government and Housing Act 1989 (c. 42) (consent to certain disposals of housing obtained from new town corporations)—
in subsection (1)(a) (consent) for “Secretary of State” substitute “ appropriate authority ”,
after subsection (1) insert—,
in subsection (5) (consultation of tenants) for “Secretary of State” substitute “ appropriate authority ”,
in subsection (5)(a) for “himself” substitute “ itself ”, and
omit subsection (6) (consultation of Housing Corporation).
This Chapter—
allows the regulator to set standards for the provision of social housing (sections 193 to 198),
gives the regulator powers to monitor compliance (sections 199 to to 210A),
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requires the regulator to give guidance ... about the use of its powers under this Chapter and Chapter 7 (sections 215 and 216), ...
allows the regulator to arrange for the accreditation of managers of social housing (section 217) , and
makes provision about terms to be implied into management services agreements (section 217A).
The regulator may set standards for registered providers as to the nature, extent , safety, energy efficiency and quality of accommodation, facilities or services provided by them in connection with social housing.
Standards under subsection (1) may, in particular, require registered providers to comply with specified rules about—
criteria for allocating accommodation,
terms of tenancies,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
maintenance,
procedures for addressing complaints by tenants against landlords,
methods for consulting tenants and providing them with information in connection with such consultation,
methods of enabling tenants to influence or control the management of their accommodation and environment,
policies and procedures required by section 218A of the Housing Act 1996 (c. 52) in connection with anti-social behaviour,
methods of assisting tenants to exchange tenancies,
landlords' contribution to the environmental, social and economic well-being of the areas in which their property is situated, and
estate management.
policies and procedures in connection with behaviour which amounts to domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act),
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The regulator may set standards for private registered providers in matters relating to ... their financial and other affairs.
In respect of profit-making registered providers, standards may be made in relation to the management of their affairs only so far as relating to the provision of social housing.
Standards under subsection (1) may, in particular, require private registered providers to comply with specified rules about—
the management of their financial and other affairs, and
their efficiency in carrying on their financial and other affairs.
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The regulator may set standards for registered providers requiring them to comply with specified rules about their levels of rent (and the rules may, in particular, include provision for minimum or maximum levels of rent or levels of increase or decrease of rent).
The regulator may issue a code of practice which—
relates to a matter addressed by a standard ..., and
amplifies the standard.
In considering whether standards ... have been met the regulator may have regard to a code of practice.
The regulator may revise or withdraw a code of practice.
The regulator shall make arrangements for bringing a code of practice to the attention of registered providers.
The regulator may set standards for registered providers in matters relating to the competence and conduct of individuals involved in the provision of services in connection with the management of social housing (“relevant individuals”).
Standards under subsection (1) may, in particular, require registered providers to comply with specified rules about—
the knowledge, skills and experience to be required of relevant individuals, and
the conduct to be expected of relevant individuals in their dealings with tenants.
Standards under subsection (1) may require registered providers to secure that their senior housing executives and senior housing managers—
have a specified qualification in housing management or type of qualification in housing management, or
are working towards such a qualification or type of qualification.
Standards under subsection (1) may require registered providers to take steps to secure that relevant managers of their services providers—
have a specified qualification in housing management or type of qualification in housing management, or
are working towards such a qualification or type of qualification.
Each of the following is a “relevant manager” of a services provider—
if the services provider is a relevant individual, that individual;
a senior housing executive of the services provider;
a senior housing manager of the services provider.
A qualification or type of qualification specified for a senior housing executive may only be—
a foundation degree, or
a qualification or type of qualification regulated by the Office of Qualifications and Examinations Regulation which is of a level not exceeding level 5.
A qualification or type of qualification specified for a senior housing manager, or for an individual described in subsection (5)(a), may only be a qualification or type of qualification regulated by the Office of Qualifications and Examinations Regulation which is of a level not exceeding level 4.
The references in subsections (6) and (7) to the level of a qualification are to the level assigned to a qualification by virtue of general conditions set and published by the Office of Qualifications and Examinations Regulation under section 134 of the Apprenticeships, Skills, Children and Learning Act 2009.
Except as provided by subsections (3) to (8), standards under subsection (1) may not require registered providers to comply with rules about the qualifications to be required of relevant individuals.
See also section 217A (which makes provision implying terms relating to qualifications into management services agreements).
This section makes provision about the meaning of terms for the purposes of section 194A.
“Services provider”, in relation to a registered provider, means a person who, in accordance with an agreement with the registered provider or another person, provides services in connection with the management of social housing provided by the registered provider or arranges for the provision of such services.
For the purposes of subsection (2), an agreement does not include a contract of employment or a contract of apprenticeship.
“Senior housing executive” of a registered provider means a relevant individual who—
is an employee or officer of the registered provider,
has responsibility (solely or jointly) for the day to day management of the provision of services in connection with the management of social housing provided by the registered provider, and
is part of the registered provider’s senior management.
“Senior housing executive” of a services provider in relation to a registered provider means a relevant individual who—
is—
an employee of the services provider,
an officer of the services provider, or
if the services provider is a partnership, a partner in the partnership,
has responsibility (solely or jointly) for the day to day management of the provision of services in connection with the management of social housing provided by the registered provider, and
is part of the services provider’s senior management.
For the purposes of subsections (4) and (5), an individual is part of a registered provider’s or services provider’s senior management if the individual plays a significant role in—
the making of decisions about how the whole or a substantial part of the activities of the provider which relate to social housing are to be managed or organised, or
the management or organisation of the whole or a substantial part of such activities.
“Senior housing manager” of a registered provider means a relevant individual who—
is an employee of the registered provider, and
is a senior housing and property manager for the registered provider.
“Senior housing manager” of a services provider in relation to a registered provider means a relevant individual who—
is an employee of the services provider,
is a senior housing and property manager for the services provider, and
is involved in the provision of services in connection with the management of social housing provided by the registered provider.
For the purposes of subsections (7) and (8), whether an individual is a senior housing and property manager is to be determined by reference to the description of the occupation of senior housing and property management published by the Secretary of State under section ZA10(5) of the Apprenticeships, Skills, Children and Learning Act 2009.
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The following Table gives the meaning of “officer” in relation to services providers for the purposes of this section— Services provider Meaning of “officer” Registered charity which is not a registered company Trustee, secretary or treasurer Registered society “Officer” within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014 (including a person co-opted to serve on the society’s committee) Registered company “Officer” within the meaning given by section 1173 of the Companies Act 2006 Limited liability partnership A member of the limited liability partnership.
Before setting standards, or issuing, revising or withdrawing a code of practice, the regulator shall consult the following or ensure that they have been consulted—
one or more bodies appearing to it to represent the interests of registered providers, one or more bodies appearing to it to represent the interests of secured creditors of registered providers,
one or moreother bodies appearing to it to represent the interests of tenants of social housing,
any body for the time being nominated under section 278A,
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one or more bodies appearing to it to represent the interests of local housing authorities,
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the Secretary of State.
the Greater London Authority,
any housing ombudsman,
Before setting a standard which would apply to charities, or issuing, revising or withdrawing a code of practice which applies or would apply to charities, the regulator must consult the Charity Commission.
Before setting standards, or issuing, revising or withdrawing a code of practice, the regulator must also consult the HCA.
Before setting a standard under section 194A which imposes a requirement described in subsection (4) of that section, the regulator must consult, or ensure that there has been consultation with, each body (if any) which is nominated by the Secretary of State for the purposes of this subsection.
The Secretary of State may nominate a body for the purposes of subsection (3) only if the body appears to the Secretary of State to represent the interests of services providers in relation to registered providers (as defined in section 194B(2)).
The Secretary of State must notify the regulator of any nomination (or withdrawal of any nomination) made for the purposes of subsection (3).
The Secretary of State may direct the regulator—
to set a standard under section 193 or 194,
about the content of standards under section 193 or 194, or
to have regard to specified objectives when setting standards under section 193 or 194.
The Secretary of State may give a direction under subsection (1)(a) or (b) only if it relates, in the Secretary of State's opinion, to—
quality , safety or energy efficiency of accommodation,
rent, ...
tenure,
involvement by tenants in the management by registered providers of accommodation , or
methods of assisting tenants to exchange tenancies.
In deciding whether to give a direction the Secretary of State shall, in particular, have regard to the regulator's fundamental objectives.
The Secretary of State may direct the regulator—
to set a standard under section 194A,
to set a standard under section 194C which relates, in the Secretary of State’s opinion, to the matters in section 194C(2)(a),
about the content of standards described in paragraph (a) or (b), or
to have regard to specified objectives when setting those standards.
Before giving a direction the Secretary of State must consult—
the HCA,
the regulator,
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the Greater London Authority,
any housing ombudsman,
one or more bodies appearing to the Secretary of State to represent the interests of local housing authorities,
one or moreother bodies appearing to the Secretary of State to represent the interests of tenants of social housing, and
one or more bodies appearing to the Secretary of State to represent the interests of registered providers.
any body for the time being nominated under section 278A,
Before giving a direction about a standard which would apply to charities the Secretary of State must consult the Charity Commission.
A direction may disapply the requirement to consult under section 196 in relation to specified matters.
The regulator shall comply with any direction.
Before giving a direction to set a standard under section 194A which imposes a requirement described in subsection (4) of that section, the Secretary of State must consult one or more bodies appearing to the Secretary of State to represent the interests of services providers in relation to registered providers (as defined in section 194B(2)).
The Secretary of State shall publish—
each proposed direction that is the subject of a consultation,
each response to a consultation, and
each direction.
The regulator may set standards for registered providers in matters relating to the provision of information to their tenants of social housing and to the regulator, including standards requiring information to be published.
Standards under subsection (1) may, in particular, require registered providers to comply with specified rules about—
the provision of information to their tenants of social housing concerning the accommodation, facilities or services provided in connection with social housing, including information concerning—
their tenants’ rights in connection with those things, and
how to make complaints against registered providers,
monitoring their compliance with standards under this section and sections 193, 194 and 194A and informing the regulator if they have failed, or there is a risk they will fail, to meet any of those standards, and
the publication of information about—
the remuneration of their executives, and
their income, management costs and other expenditure.
For the purposes of subsection (2)(c), an “executive”, in relation to a registered provider, means an individual who is both—
an officer or employee of the registered provider, and
responsible for the management of the provider.
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The regulator shall make arrangements for bringing standards to the attention of registered providers.
The regulator may revise or withdraw standards; and section 196 applies to revising or withdrawing standards as to setting standards.
Standards may be expressed by reference to documents prepared by others.
Standards—
may make provision generally or only in relation to specified cases, circumstances or areas, and
may make different provision for different cases, circumstances or areas.
In setting standards the regulator must have regard to the desirability of registered providers being free to choose how to provide services and conduct business.
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This section applies where the regulator suspects that a registered provider may be failing to maintain premises in accordance with standards under section 193.
The regulator may arrange for a survey of the condition of the premises by an authorised person.
In this section and in sections 199A to 200, “authorised person” means a member of the regulator's staff, or another person, authorised in writing by the regulator for the purposes of the section concerned.
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After carrying out a survey an authorised person must produce a written report.
The regulator must give the registered provider a copy of the report.
Arrangements for a person other than a member of the regulator’s staff to carry out a survey may include provision about payments.
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The regulator may require the registered provider to pay some or all of the costs of the survey and report.
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A registered provider, or an officer of a registered provider, commits an offence if the provider or officer obstructs an authorised person—
in exercising a power under section 199A, or
in exercising a power under section 199, where the authorised person has entered the premises to carry out the survey under the power in section 199A.
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
A person commits an offence if the person obstructs an authorised person—
in exercising a power conferred by a warrant under section 199B, or
in exercising a power under section 199, where the authorised person has entered the premises to carry out a survey under a warrant under section 199B.
Proceedings for an offence under this section may be brought only by or with the consent of—
the regulator, or
the Director of Public Prosecutions.
An authorised person may enter premises at any reasonable time, or times, to carry out a survey under section 199.
The power in subsection (1) may only be exercised if an authorised person has given at least 48 hours’ notice of the first exercise of the power—
to the registered provider, and
if the premises are occupied, to the occupier (or any one of the occupiers).
The requirement to give notice may be waived—
in the case of notice required by subsection (2)(a), by the registered provider, and
in the case of notice required by subsection (2)(b), by the occupier (or any one of the occupiers) of the premises.
Notice under subsection (2) may state that, if entry to the premises were to be refused, an authorised person would propose to apply for a warrant under section 199B.
Notice required by subsection (2)(b) may be given by fixing it to some conspicuous part of the premises.
An authorised person who under this section has entered, or who is seeking to enter, premises in order to carry out a survey must produce a copy of the authorisation mentioned in section 199(3) on request by an occupier.
An authorised person entering premises to carry out a survey may— as the authorised person thinks necessary for the purposes of carrying out the survey.
be accompanied by such other persons, and
take onto the premises such equipment or materials,
Equipment or materials taken onto premises by virtue of subsection (7) may be left in a place on the premises until the survey has been carried out provided that—
leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or
leaving the equipment or the materials on the premises is necessary for the purposes of carrying out the survey and it is not possible to leave it or them in a place that does not significantly impair the ability of an occupier to use the premises.
Where the premises include common parts of a building, references in subsection (8) to the ability of an occupier to use the premises include the ability of an occupier of a dwelling that has use of the common parts to use those parts or the dwelling.
In this section, “common parts”, in relation to a building, includes the structure and exterior of that building and any common facilities provided (whether or not in the building) for persons who occupy the building.
This section applies where a justice of the peace is satisfied, on sworn information in writing by an authorised person, that entry to premises specified in the information is reasonably required to carry out a survey under section 199.
The justice may issue a warrant authorising the authorised person who is named in it to enter the premises to carry out the survey where the justice is satisfied that—
entry to the premises has been sought under section 199A but has been refused,
the premises are unoccupied or that the occupier is temporarily absent, or
there are reasonable grounds to believe that the authorised person will not be able to obtain entry to the premises without a warrant.
A warrant under this section authorises the authorised person to enter the premises at any reasonable time, or times, using reasonable force if necessary.
A warrant under this section authorises an authorised person entering premises to take onto the premises such equipment or materials as the authorised person thinks necessary for the purposes of carrying out the survey.
Equipment or materials taken onto premises by virtue of subsection (4) may be left in a place on the premises until the survey has been carried out provided that—
leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or
leaving the equipment or the materials on the premises is necessary for the purposes of carrying out the survey and it is not possible to leave it or them in a place that does not significantly impair the ability of an occupier to use the premises.
Where the premises include common parts of a building (as defined in section 199A), references in subsection (5) to the ability of an occupier to use the premises include the ability of an occupier of a dwelling that has use of the common parts to use those parts or the dwelling.
A warrant under this section may authorise persons (“accompanying persons”) to accompany the authorised person.
Accompanying persons—
have the same powers as the authorised person in respect of execution of the warrant, but
must exercise those powers only in the company, and under the supervision, of the authorised person.
An authorised person who has entered, or who is seeking to enter, premises under a warrant under this section must produce on request by any person—
a copy of the warrant;
a copy of the authorisation mentioned in section 199(3).
A warrant under this section continues in force until the survey is carried out.
If the premises are unoccupied or the occupier is temporarily absent, the authorised person who has entered the premises under a warrant under this section must leave the premises as effectively secured against trespassers as the authorised person found them.
The regulator may arrange for a person to inspect—
a registered provider's performance of its functions in relation to the provision of social housing, or
the financial or other affairs of a registered provider.
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shall invite the Audit Commission to carry out the inspection, and
may arrange for another person to carry out the inspection only if the Audit Commission declines.
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The regulator may direct a person carrying out an inspection to discontinue it.
An inspection may be general or specific.
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Arrangements for a person other than a member of the regulator's staff to carry out an inspection may include provision about payments.
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must give the registered provider a copy of the report, and
may publish the report and related information.
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the regulator,
one or more bodies appearing to the Secretary of State to represent the interests of registered providers,
the Audit Commission, and
such other persons as the Secretary of State thinks appropriate.
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the Secretary of State,
one or more bodies appearing to the regulator to represent the interests of registered providers, and
the Audit Commission.
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An inspector may by notice require a person to provide specified documents or information.
The power under subsection (1) may be exercised only in relation to documents and information of a kind in respect of which the regulator can impose a requirement under section 107.
Sections 107(2A) to (4) and (5) to (7) and 108 apply for the purposes of subsection (1) (with any necessary modifications).
An inspector may at any reasonable time—
enter premises occupied by the registered provider which is being inspected, and
inspect, copy or take away documents found there.
The reference to documents found on premises includes—
documents stored on computers or electronic storage devices on the premises, and
documents stored elsewhere which can be accessed by computers on the premises.
The power to inspect documents includes the power to inspect any computer or electronic storage device on which they have been created or stored.
An inspector may require any person on the premises to provide such facilities or assistance as the inspector reasonably requests.
For the purposes of subsections (5) and (6) an inspector may require any person having charge of a computer to provide such assistance as the inspector reasonably requests.
It is an offence for a person without reasonable excuse to obstruct an inspector exercising the powers conferred by subsections (4) to (8).
A person guilty of an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Proceedings for an offence may be brought only by or with the consent of—
the regulator, or
the Director of Public Prosecutions.
In this section “ inspector ” means a person authorised in writing by the regulator to exercise the powers under this section and section 203A for the purposes of an inspection under section 201.
a person authorised in writing by the Audit Commission to exercise the powers under this section for the purpose of an inspection carried out by the Audit Commission under section 201, or
a person authorised in writing by the regulator to exercise the powers under this section for the purpose of any other inspection under that section.
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The regulator may require a registered provider—
to prepare an annual report assessing the provider’s performance by reference to standards under section 193 or 194, and
to send the report to the regulator within a specified period.
A requirement may specify matters to be covered by a report.
Failure to comply with a requirement without reasonable excuse is an offence.
A person guilty of an offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Proceedings for an offence may be brought only by or with the consent of—
the regulator, or
the Director of Public Prosecutions.
The regulator must make a plan as regards—
the descriptions of registered provider that should be subject to regular inspection under section 201,
the intervals at which regular inspections should be carried out under that section, and
the circumstances in which registered providers should be subject to inspections under that section other than regular inspections.
The plan may make different provision for different cases, circumstances or areas.
The regulator must take appropriate steps to implement the plan.
The regulator must—
keep the plan under review,
when appropriate, revise or replace the plan, and
publish the plan and any revised or replacement plan.
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The regulator shall publish, at least once a year, information about the performance of registered providers.
In particular, the regulator shall include information likely to be useful to—
tenants,
potential tenants, and
local authorities.
The regulator may hold an inquiry into the affairs of a registered provider if the regulator suspects that—
the affairs of the registered provider may have been mismanaged,
the registered provider has failed to meet a standard under section 193, 194 or 194C, or
there is a risk that, if no action is taken by the regulator or the registered provider, the registered provider will fail to meet a standard under section 193, 194 or 194C.
The regulator shall appoint one or more individuals to conduct the inquiry.
An individual is eligible for appointment only if the individual is independent of the regulator.
Individuals are independent of the regulator if they and the members of their family—
are not members or employees of the regulator, and
have not been members or employees of the regulator within the previous five years.
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The individual or individuals conducting an inquiry (“the inquirer”) shall determine its procedure.
The inquirer may consider the affairs of the following categories of registered provider only so far as relating to social housing—
profit-making organisations;
local authorities.
The inquirer may consider affairs of a body which at the material time was a subsidiary or associate of the registered provider.
The inquirer may make interim reports.
The inquirer shall make a final report on matters specified by the regulator.
The regulator may arrange for the publication of all or part of an interim or final report.
A local authority may contribute to the regulator's expenses in connection with an inquiry.
After an inspection of a registered provider is carried out by an inspector under section 201, the inspector must produce—
a written summary of the inspector’s findings, and
a written report about any matters specified by the regulator.
The summary and any report must be in the form specified by the regulator.
The regulator may specify matters, or the form of a summary or report, for the purposes of inspections generally or for the purposes of a particular inspection or description of inspection.
The regulator must give the registered provider a copy of the summary of the inspector’s findings.
The regulator must also give the registered provider—
a copy of the inspector’s report, or
a notice confirming that no matters were specified for the purposes of subsection (1)(b).
The regulator may publish—
all or part of the summary of the inspector’s findings,
(where relevant) all or part of the inspector’s report, and
related information.
The inquirer may by notice require a person to provide specified documents or information.
The notice may, in particular, require evidence to be given on oath (and the inquirer may administer oaths for that purpose).
The power under subsection (1) may be exercised only in relation to documents and information of a kind in respect of which the regulator can impose a requirement under section 107.
Sections 107(2A) to (4) and (5) to (7) and 108 apply for the purposes of this section (with any necessary modifications).
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An inquiry in relation to a registered charity may only relate to its activities relating to housing.
If an inquiry is held in relation to a registered charity the regulator shall notify the Charity Commission.
Where an inquiry in respect of a private registered provider is being held, or has been held, under section 206, the regulator may require the registered provider to allow its accounts and balance sheet to be audited by a qualified auditor appointed by the regulator.
“Qualified auditor” means a person eligible for appointment as auditor of the registered provider's ordinary accounts.
On completion of the audit, the auditor shall report to the regulator about such matters and in such form as the regulator determines.
The revenue accounts of a registered charity may be audited under this section only insofar as they relate to its housing activities.
The registered provider shall pay the costs of the audit (including the auditor's remuneration).
Where an inquiry in respect of a local authority is being held, or has been held, under section 206, the regulator may require the local authority to allow its accounts, so far as they relate to the provision of social housing, to be audited by a local auditor appointed by the regulator.
The regulator may not appoint a local auditor to audit the accounts of a local authority if that person—
is the person (or one of the persons) appointed under or by virtue of the Local Audit and Accountability Act 2014 to audit the authority's accounts, or
was the person (or one of the persons) who carried out the most recent completed audit of the authority's accounts under or by virtue of that Act.
Sections 20(1), (2), (5) and (6), 22 and 23 of the Local Audit and Accountability Act 2014 (local auditors' general duties and right to documents etc) apply in relation to an audit under this section as they apply in relation to an audit of the local authority under or by virtue of that Act.
On completion of the audit under this section, the local auditor must report to the regulator about such matters and in such form as the regulator determines.
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The local authority shall pay the costs of the audit (including the local auditor's remuneration).
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The regulator may give directions to registered providers requiring them to collect, process and publish information about their performance in relation to matters covered by standards under sections 193, 194, 194A and 194C.
Directions under subsection (1) may, in particular, specify or describe—
the information that must be collected,
the period the information must cover,
the method of collecting, processing and presenting information,
the form in which information must be presented, and
what information must be published and when and the manner of publication.
A direction—
may make provision that applies generally or only to specified cases, circumstances or registered providers, and
may make different provision for different cases, circumstances or registered providers.
The regulator must make arrangements for bringing a direction to the attention of every registered provider to which it applies.
The regulator may request that a registered provider send to the regulator—
any information collected by the registered provider pursuant to directions under subsection (1);
an analysis of that information;
an explanation of how the information was collected, processed or published.
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This section applies to an industrial and provident society.
An amendment of the society’s rules requires consent if it—
alters the society’s objects,
makes provision about the distribution of assets to members, or
enables the society to become, or cease to be, a subsidiary or associate of another body.
An amendment of the rules which requires consent is effective only if the regulator has first consented.
The regulator may not consent to an amendment which it thinks would turn the society into a profit-making organisation.
The society must notify the regulator of an amendment of the rules which does not require consent.
In relation to an amendment which requires consent the requirement in section 10(1) of the Industrial and Provident Societies Act 1965 (c. 12) (sending copies of amendment of rules to FSA) is satisfied only if the copies are accompanied by a copy of the regulator’s consent.
The preceding provisions of this section shall be treated as if they formed part of that Act as well as of this Act.
The Secretary of State may by order amend the list in subsection (2).
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This section applies to a registered charity which is not a registered company.
An amendment of the charity’s objects is effective only if the Charity Commission has first consented.
Before giving consent the Charity Commission must consult the regulator.
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This section applies to a registered company.
An amendment of the company’s articles of association requires consent if it—
alters the company’s objects,
makes provision about the distribution of assets to members, or
enables the company to become, or cease to be, a subsidiary or associate of another body.
An amendment of the articles of association which requires consent is effective only if the regulator has first consented.
The regulator may not consent to an amendment which it thinks would turn the company into a profit-making organisation.
The company must notify the regulator—
of an amendment of the articles of association which does not require consent, or
of a change to its name or registered office.
In relation to an amendment which requires consent the requirement in section 30 of the Companies Act 2006 (c. 46) (sending copy of resolution to registrar) is satisfied only if the copy is accompanied by a copy of the regulator’s consent.
The Secretary of State may by order amend the list in subsection (2).
The regulator shall publish—
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guidance about how it uses and intends to use powers under this Chapter and Chapter 7.
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the procedure to be followed in making a complaint,
the criteria used by the regulator in deciding whether to investigate a complaint, and
periods within which the regulator aims to inform complainants of the result of complaints.
In determining whether the regulator has complied with subsection (1) in relation to its power to arrange for inspections under section 201(1), a plan published under section 201A may be taken into account.
The regulator shall have regard to guidance under this section.
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Before giving guidance under section 215 the regulator must consult—
one or more bodies appearing to it to represent the interests of registered providers,
the Secretary of State,
one or moreother bodies appearing to it to represent the interests of tenants of social housing,
one or more bodies appearing to it to represent the interests of local housing authorities,
any body for the time being nominated under section 278A,
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the Greater London Authority,
the HCA.
The regulator may operate a scheme for the purpose of accrediting persons who provide services in connection with the management of social housing.
The regulator may approve a scheme operated by someone else for that purpose.
Approval may be withdrawn.
A scheme may include provision about—
eligibility for accreditation;
standards to be met by accredited persons (which may operate by reference to standards under section 193 or 194A);
monitoring compliance;
complaints against accredited persons;
renewal, suspension and withdrawal of accreditation.
Accreditation, or continued accreditation, may be conditional on the payment of fees.
Standards under section 193 or 194A may refer to accreditation under this section.
Each management services agreement in relation to social housing of a registered provider, whenever entered into, is to be treated as including the terms set out in subsection (4).
In this section, a “management services agreement”, in relation to social housing of a registered provider, means an agreement under which one person (a “services provider”) agrees with another person (the “services recipient”) to provide services in connection with the management of social housing provided by the registered provider or to arrange for the provision of such services.
For the purposes of subsection (2)—
an agreement does not include a contract of employment or a contract of apprenticeship, and
the services recipient may be the registered provider or another person.
The terms are that—
the services provider must secure that its relevant managers who are involved in the provision of services in connection with the management of social housing to which the agreement relates meet the qualification standard at all times;
in the event that the services provider does not comply with the term set out in paragraph (a), the services provider will take such action to rectify the non-compliance as is reasonably required by the services recipient;
the services provider must comply with any reasonable request for information demonstrating whether or not the services provider is complying with the term in paragraph (a) that is made by the registered provider who provides the social housing to which the agreement relates or (if different) the services recipient.
A relevant manager of a services provider under a management services agreement “meets the qualification standard” if— or if there is no standard in force under section 194A which imposes a requirement described in paragraph (a).
a standard is in force under section 194A which requires the registered provider who provides the social housing to which the agreement relates to take steps to secure that the manager has, or is working towards, a qualification or type of qualification in housing management, and
the manager has or (as the case may be) is working towards such a qualification,
A term of a management services agreement is not binding on the services recipient to the extent it would—
exclude or restrict the liability of the services provider for breach of a term implied by this section, or
prevent an obligation under a term implied by this section arising or limiting its extent.
In this section “relevant manager”, in relation to a services provider, has the same meaning as it has for the purposes of section 194A (see section 194A(5)).
This section applies where the regulator is deciding—
whether to exercise a power under this Chapter,
which power under this Chapter to exercise, or
how to exercise a power under this Chapter.
The regulator shall consider—
the desirability of registered providers being free to choose how to provide services and conduct business;
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the speed with which the failure or other problem needs to be addressed;
whether the failure or other problem is serious or trivial.
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This group of sections allows the regulator to require a registered provider to take specified action to resolve a specified failure or other problem.
The regulator may give an enforcement notice to a registered provider if the regulator is satisfied that—
any of the following cases applies, and
giving an enforcement notice is appropriate (whether it is likely to be sufficient in itself or a prelude to further action).
Case 1 is where the registered provider has failed to meet a standard ... under section 193, 194 or 194C.
Case 2 is where the affairs of the registered provider have been mismanaged.
Case 3 is where the registered provider has failed to comply with an earlier enforcement notice.
Case 4 is where the registered provider has failed to publish information in accordance with a requirement under section 228(3) or 240(3).
Case 5 is where the interests of tenants of the registered provider require protection.
Case 6 is where the registered provider is a private registered provider and its assets require protection.
Case 7 is where the registered provider has given an undertaking under section 125 and failed to comply with it.
Case 8 is where the registered provider has failed to pay an annual fee under section 117(1)(b).
Case 9 is where an offence under this Part has been committed by the registered provider.
Case 10 is where the registered provider has failed to comply with an order made by a housing ombudsman.
Where the regulator is satisfied that an offence under this Part has been committed in respect of a registered provider but by another person (such as a member, employee or agent of the registered provider)—
Case 9 applies,
the regulator may give an enforcement notice to the other person, and
this Chapter applies with the substitution of references to that other person for references to the registered provider.
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Case 12 is where—
the registered provider—
does not have a health and safety lead designated under section 126A, or
has failed to meet a requirement under section 126C, or
the functions of the health and safety lead are not being carried out.
Case 13 is where the registered provider has failed to comply with directions or a request under section 198C.
Case 14 is where the registered provider has failed to comply with a performance improvement plan notice.
Case 15 is where the registered provider has a performance improvement plan which has been approved by the regulator and has failed to implement it in full.
An enforcement notice must—
specify the grounds on which it is given,
specify the action the regulator wants the registered provider to take in response to the notice,
specify when the action is to be taken (which may be immediately on receipt of the notice), and
explain the effect of sections 223 to 225.
The action specified in an enforcement notice may include publishing the notice in a specified manner.
If the regulator gives an enforcement notice it must send a copy—
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to the HCA,
in the case of an enforcement notice given to a registered provider who owns land in Greater London, the Greater London Authority, and
in the case of an enforcement notice given to a local authority, to the Secretary of State.
A registered provider who is given an enforcement notice may appeal to the High Court.
An appeal under this section must be brought within the period of 28 days beginning with the day on which the registered provider is given the enforcement notice.
The regulator may withdraw an enforcement notice by notice to the registered provider.
If a registered provider does not comply with an enforcement notice the regulator shall consider exercising another power under Chapter 6 or this Chapter.
In the case of an enforcement notice given to a person other than the registered provider by virtue of section 220(12), the regulator may only—
exercise the power to issue a penalty notice to the person in accordance with sections 226 to 235, or
take steps to have the person prosecuted for the offence by reference to which the enforcement notice was given.
A person to whom an enforcement notice is given on the ground in Case 9 of section 220 may not be prosecuted for the offence by reference to which the enforcement notice was given unless the person fails to comply with the enforcement notice.
The regulator may give a registered provider a notice (a “performance improvement plan notice”) if the regulator is satisfied that—
the registered provider has failed to meet a standard under section 193, 194, 194A or 194C,
there is a risk that, if no action is taken by the regulator or the registered provider, the registered provider will fail to meet a standard under section 193, 194, 194A or 194C,
the registered provider has failed to comply with directions or a request under section 198C,
the interests of the tenants of social housing of the registered provider require protection, or
the registered provider has given an undertaking under section 125 and failed to comply with it.
A performance improvement plan notice must—
specify on which of the grounds mentioned in subsection (1) it is given,
identify the issues which led the regulator to be satisfied of those grounds,
require the registered provider to prepare and submit to the regulator a plan (a “performance improvement plan”) setting out the action the provider will take to address the issues identified,
specify the date by which the performance improvement plan must be submitted to the regulator,
require the registered provider to publish a performance improvement plan if it is approved by the regulator and specify the manner of such publication, and
explain the effect of subsections (3) and (4) and sections 218B to 218D.
The regulator may withdraw a performance improvement plan notice by notice to the registered provider.
If a registered provider fails to comply with a performance improvement plan notice the regulator must consider exercising another power under this Chapter or Chapter 6.
The regulator must—
approve a performance improvement plan submitted in accordance with section 218A(2)(c) and (d), or
reject it, giving reasons for doing so.
A registered provider must implement in full a performance improvement plan that has been approved by the regulator.
If a performance improvement plan is rejected, the registered provider will be taken to have failed to comply with the performance improvement plan notice.
If a tenant of social housing of a registered provider makes a written request to the provider for a copy of the provider’s performance improvement plan which has been approved by the regulator, the registered provider must provide the tenant with a copy as soon as reasonably practicable.
The regulator may, by notice to a registered provider, cancel a performance improvement plan which it has approved.
Notice under subsection (1) must specify the date (the “cancellation date”) on which the cancellation takes effect (which may be a date before the notice is given).
If a performance improvement plan is cancelled in accordance with subsection (1) the duties mentioned in subsection (4) cease to apply (or are treated as having ceased to apply) from the cancellation date. But this does not affect any action taken (or being taken) by the regulator in relation to a breach of such a duty before the cancellation date.
The duties are—
the duty to publish a performance improvement plan which has been approved (see section 218A(2)(e));
the duty in section 218B(2) (duty to implement a plan);
the duty in section 218B(4) (duty to provide copy of plan).
A registered provider may appeal to the High Court against a decision of the regulator to give the provider a performance improvement plan notice.
An appeal under this section must be brought within the period of 28 days beginning with the day on which the registered provider is given the notice.
The requirement to prepare and submit a performance improvement plan is suspended during the appeal period.
The “appeal period” means—
where an appeal is brought, the period beginning with the day on which the performance improvement plan notice is given and ending with the day on which the appeal is finally determined or withdrawn, and
otherwise, the period during which an appeal could be brought.
But where a performance improvement plan has been approved under section 218B an appeal under this section does not suspend—
the duty to publish a performance improvement plan which has been approved (see section 218A(2)(e));
the duty in section 218B(2) (duty to implement a plan);
the duty in section 218B(4) (duty to provide copy of plan).
This group of sections allows the regulator to penalise failures on the part of ... registered providers by the imposition of fines.
The regulator may require a ... registered provider to pay a penalty if the regulator is satisfied that—
any of the following cases applies, and
the imposition of a penalty is appropriate (whether or not as part of a response including other action).
Case 1 is where the registered provider has failed to meet a standard under section 193, 194 or 194C.
Case 2 is where the affairs of the registered provider have been mismanaged.
Case 3 is where the registered provider has failed to comply with an enforcement notice.
Case 4 is where the registered provider has given an undertaking under section 125 and failed to comply with it.
Case 5 is where the registered provider has failed to pay an annual fee under section 117(1)(b).
Case 6 is where an offence under this Part has been committed by the registered provider.
Where the regulator is satisfied that an offence under this Part has been committed in respect of a registered provider but by another person (such as a member, employee or agent of the registered provider)—
Case 6 applies,
the regulator may require the other person to pay a penalty, and
this Chapter applies with the substitution of references to that other person for references to the registered provider.
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Case 8 is where—
the registered provider—
does not have a health and safety lead designated under section 126A, or
has failed to meet a requirement under section 126C, or
the functions of the health and safety lead are not being carried out.
In order to rely on Case 6 the regulator must be satisfied beyond reasonable doubt that it applies.
Case 9 is where the registered provider has failed to comply with directions or a request under section 198C.
Case 10 is where the registered provider has failed to comply with a performance improvement plan notice.
Case 11 is where the registered provider has failed to comply with the duty in section 218B(4) (duty to provide copy of performance improvement plan).
A penalty is imposed by the regulator giving notice (a “penalty notice”) to the registered provider.
The notice must specify—
the grounds on which the penalty is imposed,
the amount of the penalty,
how the penalty must be paid,
a period within which it must be paid, and
any interest or additional penalty which, by virtue of section 234(2), is payable in the event of late payment.
The notice may require the registered provider to publish information about the penalty in a specified manner.
The notice must explain the effect of sections 234(1), (3) and (6) and 235.
The Secretary of State—
shall make regulations about the period under subsection (2)(d),
may make other regulations about the form and content of a penalty notice, and
may make regulations about the manner in which a penalty notice is given.
The amount of a penalty imposed on the ground specified in Case 6 of section 227 may not exceed the maximum amount (if any) of fine that a magistrates' court could impose for the relevant offence.
The amount of a penalty that may be imposed on the ground specified in any other Case of that section is unlimited.
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Before giving a penalty notice to a registered provider the regulator must give the provider a notice (a “pre-penalty warning”)—
specifying grounds on which the regulator thinks a penalty could be imposed,
warning the provider that the regulator is considering imposing a penalty,
including any indication that the regulator is able to give of the likely amount of any penalty, and
explaining the effect of sections 231, 234(1), (3) and (6) and 235.
If the regulator gives a pre-penalty warning it must send a copy to—
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any other persons it thinks appropriate.
the HCA,
the Greater London Authority (if the pre-penalty warning is given to a registered provider who owns land in Greater London), and
For the purposes of subsection (2)(b) the regulator shall consider, in particular, any person who provided information as a result of which the pre-penalty warning is given.
A pre-penalty warning must—
refer to section 125 (voluntary undertaking), and
indicate whether or to what extent the regulator would accept a voluntary undertaking instead of, or in mitigation of, a penalty.
A pre-penalty warning may be combined with notice under one or more of sections 242, 248, 250 and 252.
A pre-penalty warning must specify a period during which the registered provider may make representations to the regulator.
The period must—
be a period of at least 28 days, and
begin with the date on which the registered provider receives the pre-penalty warning.
Representations may concern—
whether a penalty should be imposed;
the amount of any penalty that may be imposed.
After the end of the period specified under subsection (1) the regulator shall—
consider any representations made, and
decide whether to impose a penalty.
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If the regulator imposes a penalty on a registered provider it must send a copy of the penalty notice to the HCA.
This section applies where the regulator receives money by way of penalty.
The regulator may deduct a sum which represents—
the direct costs to the regulator of imposing and enforcing the penalty, and
a reasonable share of expenditure by the regulator which is indirectly referable to the imposition and enforcement of the penalty.
Any excess shall be paid to the HCA, to be used for purposes which appear to it to amount to investment in social housing.
A penalty shall be treated as a debt owed to the regulator.
The Treasury may make regulations authorising the regulator—
to charge interest on penalty not paid during the period specified under section 228(2)(d);
to impose one or more additional penalties where a penalty is not paid during that period.
Interest and additional penalty shall be treated as penalty (and may have the effect of increasing the penalty above a limit set by section 229).
Regulations under subsection (2)(a) may provide for an interest rate to be—
set by a specified person, or
determined in accordance with the regulations.
A penalty notice may include provision allowing a discount if the penalty is paid on or before a date specified in the notice (falling within the period specified under section 228(2)(d)).
A person to whom a penalty notice is given on the ground in Case 6 of section 227 may not be prosecuted for the offence by reference to which the penalty notice was given.
If the regulator imposes a penalty on a registered provider who owns land in Greater London, it must send a copy of the penalty notice to the Greater London Authority.
the imposition of the penalty,
A registered provider who is given a penalty notice may appeal to the High Court against—
An appeal under this section must be brought within the period of 28 days beginning with the day on which the registered provider is given the penalty notice.
its amount, or
both.
The requirement to pay the penalty is suspended during the appeal period.
Regulations under section 234(2) may not authorise the regulator to—
charge interest in respect of the appeal period, or
impose additional penalties during that period.
The “appeal period” means—
where an appeal is brought, the period beginning with the day on which the penalty notice is given and ending with the day on which the appeal is finally determined or withdrawn, and
otherwise, the period during which an appeal could be brought.
This group of sections allows the regulator to award compensation to a victim of a failure on the part of a private registered provider.
The regulator may require a private registered provider to pay compensation if the regulator is satisfied that—
any of the following cases applies, and
the award of compensation is appropriate (whether or not as part of a response including other action).
Case 1 is where the registered provider has failed to meet a standard under section 193, 194 or 194C.
Case 2 is where the registered provider has given an undertaking under section 125 and failed to comply with it.
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Case 4 is where the registered provider has failed to comply with a performance improvement plan notice.
Case 5 is where the registered provider has failed to comply with the duty in section 218B(4) (duty to provide copy of performance improvement plan).
Compensation in respect of a failure may be awarded to one or more persons who have suffered as a result of the failure.
But an award may be made only to—
a specified tenant of social housing provided by the registered provider,
each member of a specified class of tenants of social housing provided by the registered provider, or
each member of the class of tenants of social housing provided by the registered provider.
The regulator may not award compensation to a person in respect of a matter if a housing ombudsman has awarded compensation to the person in respect of the matter.
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Compensation is awarded by the regulator giving notice (a “compensation notice”) to—
the registered provider, and
the person to be compensated.
The notice must specify—
the grounds on which the compensation is awarded,
the amount of the compensation,
the person to be compensated,
any interest or additional compensation which, by virtue of section 244(2), is payable in the event of late payment, and
a period within which it must be paid.
The notice may require the registered provider to publish information about the compensation award in a specified manner.
The notice must explain the effect of sections 244(1) and (3) and 245.
The Secretary of State—
shall make regulations about the period under subsection (2)(e),
may make other regulations about the form and content of a compensation notice, and
may make regulations about the manner in which a compensation notice is given.
This section applies when the regulator is considering—
whether to award compensation, or
the amount of compensation to award.
The regulator must take account of any information available to it about the financial situation of the registered provider.
The regulator must consider the likely impact of the compensation on the registered provider's ability to provide services.
In particular, the regulator must aim to avoid—
jeopardising the financial viability of the registered provider,
preventing the registered provider from honouring financial commitments, or
preventing the registered provider from taking action to remedy the matters on the grounds of which the compensation might be awarded.
Before giving a compensation notice to a private registered provider the regulator must give the provider a notice (a “pre-compensation warning”)—
specifying grounds on which the regulator thinks compensation could be awarded,
warning the provider that the regulator is considering awarding compensation to a specified person,
including any indication that the regulator is able to give of the likely amount of any compensation, and
explaining the effect of sections 243, 244(1) and (3) and 245.
Before giving a pre-compensation warning the regulator must consult the housing ombudsman for the scheme of which the registered provider is a member.
If the regulator gives a pre-compensation warning it must send a copy to—
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any other persons it thinks appropriate.
the HCA,
the Greater London Authority (if the pre-compensation warning is given to a registered provider who owns land in Greater London), and
For the purposes of subsection (3)(b) the regulator shall consider, in particular, any person who provided information as a result of which the pre-compensation warning is given.
A pre-compensation warning must—
refer to section 125 (voluntary undertaking), and
indicate whether or to what extent the regulator would accept a voluntary undertaking instead of, or in mitigation of, awarding compensation.
A pre-compensation warning may be combined with notice under one or more of sections 230, 248, 250 and 252.
A pre-compensation warning must specify a period during which the registered provider may make representations to the regulator.
The period must—
be a period of at least 28 days, and
begin with the date on which the registered provider receives the pre-compensation warning.
Representations may address—
whether compensation should be awarded;
the amount of any compensation that may be awarded.
After the end of the period specified under subsection (1) the regulator shall—
consider any representations made, and
decide whether to award compensation.
Compensation shall be treated as a debt owed to the person to whom it is awarded.
The Treasury may make regulations authorising the regulator—
to award interest on compensation not paid during the period specified under section 240(2)(e);
to award additional compensation where compensation is not paid during that period.
Interest and additional compensation shall be treated as compensation.
Regulations under subsection (2)(a) may provide for an interest rate to be—
set by a specified person, or
determined in accordance with the regulations.
the award of compensation,
A private registered provider who is given a compensation notice may appeal to the High Court against—
An appeal under this section must be brought within the period of 28 days beginning with the day on which the registered provider is given the compensation notice.
its amount, or
both.
The requirement to pay the compensation is suspended during the appeal period.
Regulations under section 244(2) may not authorise the regulator to—
award interest in respect of the appeal period, or
award additional compensation during that period.
The “appeal period” means—
where an appeal is brought, the period beginning with the day on which the compensation notice is given and ending with the day on which the appeal is finally determined or withdrawn, and
otherwise, the period during which an appeal could be brought.
This group of sections gives the regulator power to authorise persons to enter premises to take specified action to remedy specified failures on the part of registered providers.
If the conditions in subsections (2) to (4) are met, the regulator may arrange for an authorised person to take emergency remedial action in respect of premises.
Condition 1 is that a survey of the condition of the premises has been carried out under section 199.
Condition 2 is that the regulator is satisfied that—
the registered provider has failed to maintain the premises in accordance with standards under section 193, and
that failure has caused an imminent risk of serious harm to the health or safety of the occupiers of those or other premises.
Condition 3 is that the registered provider has failed to comply with an enforcement notice requiring it to take action to address the failure mentioned in subsection (3)(a).
In this section and in sections 225C to 225G, “emergency remedial action”, in relation to premises, is carrying out such works to the premises as the authorised person considers immediately necessary to remove the imminent risk of serious harm mentioned in subsection (3)(b).
In this section and in sections 225C to 225G, “authorised person” means a member of the regulator’s staff, or another person, authorised in writing by the regulator for the purposes of the section concerned.
Arrangements for a person other than a member of the regulator’s staff to take emergency remedial action may include provision about payments.
An authorised person may enter premises at any reasonable time, or times, to take emergency remedial action.
The power in subsection (1) may only be exercised if an authorised person has given a pre-entry notice to—
if the premises are occupied, the occupier (or any one of the occupiers),
if the premises include common parts of a building and there are occupied dwellings in the building that have use of those common parts, the occupier (or any one of the occupiers) of each of those dwellings,
the registered provider whose failure to maintain the premises has caused the imminent risk of serious harm, and
each person registered in the register kept under section 1 of the Land Registration Act 2002 as the proprietor of a registered estate (within the meaning of that Act) in the premises.
A pre-entry notice required by subsection (2) need only be given once in respect of emergency remedial action in relation to premises, even if an authorised person enters the premises on more than one occasion in order to take the emergency remedial action.
A “pre-entry notice” is a notice which—
identifies the premises to be entered;
identifies the failure to maintain the premises which has caused the imminent risk of serious harm;
states that a person authorised by the regulator intends to enter the premises;
specifies the date (or the first date) that the authorised person proposes to enter the premises to take emergency remedial action;
specifies the power under this section as the power under which the authorised person intends to enter the premises;
explains the effect of section 225H.
A pre-entry notice may state that, if entry to the premises were to be refused, an authorised person would propose to apply for a warrant under section 225E.
An authorised person may not enter premises in reliance on a pre-entry notice— except where the relevant person in respect of the notice consents.
before the date (or the first date) specified in the notice, or
within 24 hours of giving the notice,
In subsection (6), “the relevant person” in respect of the pre-entry notice means—
in the case of a pre-entry notice required by subsection (2)(a) or (b), the occupier (or any one of the occupiers) of the premises or dwelling;
in the case of a pre-entry notice required by subsection (2)(c) or (d), the person (or each person) to whom a pre-entry notice is required to be given.
In this section, “common parts”, in relation to a building, includes the structure and exterior of that building and any common facilities provided (whether or not in the building) for persons who occupy the building.
A pre-entry notice required by section 225C(2)(a) or (b) may be given by fixing it to some conspicuous part of the premises.
A pre-entry notice required by section 225C(2)(d) may be given by sending it to an address supplied for the purpose of service of notice under the Land Registration Act 2002 (see paragraph 5 of Schedule 10 to that Act).
An authorised person who under section 225C has entered, or who is seeking to enter, premises to take emergency remedial action must produce a copy of the authorisation mentioned in 225B(6) on request by an occupier.
An authorised person entering premises to take emergency remedial action may— as the authorised person thinks necessary for the purposes of taking the emergency remedial action.
be accompanied by such other persons, and
take onto the premises such equipment or materials,
Equipment or materials taken onto premises by virtue of subsection (4)(b) may be left in a place on the premises until the emergency remedial action has been taken provided that—
leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or
leaving the equipment or the materials on the premises is necessary for the purposes of taking the emergency remedial action and it is not possible to leave it or them in a place that does not significantly impair the ability of an occupier to use the premises.
Where the premises include common parts of a building (as defined in section 225C), references in subsection (5) to the ability of an occupier to use the premises include the ability of an occupier of a dwelling that has use of the common parts to use those parts or the dwelling.
This section applies where a justice of the peace is satisfied, on sworn information in writing by an authorised person, that entry to premises specified in the information is reasonably required to take emergency remedial action under section 225B.
The justice may issue a warrant authorising the authorised person who is named in it to enter the premises to take emergency remedial action where the justice is satisfied that—
entry to the premises has been sought under section 225C but has been refused,
the premises are unoccupied or that the occupier is temporarily absent, or
there are reasonable grounds to believe that the authorised person will not be able to obtain entry to the premises without a warrant.
A warrant under this section authorises the authorised person to enter the premises at any reasonable time, or times, using reasonable force if necessary.
A warrant under this section authorises an authorised person entering premises to take onto the premises such equipment or materials as the authorised person thinks necessary for the purposes of taking the emergency remedial action.
Equipment or materials taken onto premises by virtue of subsection (4) may be left in a place on the premises until the emergency remedial action has been taken provided that—
leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or
leaving the equipment or the materials on the premises is necessary for the purposes of taking the emergency remedial action and it is not possible to leave it or them in a place that does not significantly impair the ability of an occupier to use the premises.
Where the premises include common parts of a building (as defined in section 225C), references in subsection (5) to the ability of an occupier to use the premises include the ability of an occupier of a dwelling that has use of the common parts to use those parts or the dwelling.
A warrant under this section may authorise persons (“accompanying persons”) to accompany the authorised person.
Accompanying persons—
have the same powers as the authorised person in respect of execution of the warrant, but
must exercise those powers only in the company, and under the supervision, of the authorised person.
An authorised person who has entered, or who is seeking to enter, premises under a warrant under this section must produce on request by any person—
a copy of the warrant;
a copy of the authorisation mentioned in 225B(6).
A warrant under this section continues in force until the emergency remedial action has been taken.
If the premises are unoccupied or the occupier is temporarily absent, the authorised person who has entered the premises under a warrant under this section must leave the premises as effectively secured against trespassers as the authorised person found them.
A registered provider, or an officer of a registered provider, commits an offence if the provider or officer obstructs an authorised person—
in exercising a power under section 225C or 225D, or
in exercising a power under section 225B, where the authorised person has entered the premises to take emergency remedial action under the power in section 225C.
A person commits an offence if the person obstructs an authorised person—
in exercising a power conferred by a warrant under section 225E, or
in exercising a power under section 225B, where the authorised person has entered the premises to take emergency remedial action under a warrant under section 225E.
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Proceedings for an offence under this section may be brought only by or with the consent of—
the regulator, or
the Director of Public Prosecutions.
Where the regulator makes arrangements under section 225B, the regulator may by notice require the registered provider concerned to pay to the regulator—
such relevant expenses as are specified in the notice;
interest on those expenses (see subsection (4)).
“Relevant expenses” are—
expenses reasonably incurred by the regulator—
in deciding whether to make arrangements under section 225B;
in making those arrangements;
in the authorised person taking emergency remedial action;
any costs reasonably incurred by the regulator related to the action in paragraph (a)(iii).
Sums mentioned in subsection (1)(a) are payable at the end of the period of 28 days beginning with the day on which the notice is given.
Interest may be charged on any sums not paid by the end of the period mentioned in subsection (3) at such reasonable rate as the regulator may determine.
A registered provider may appeal to the High Court against—
a decision of the regulator to make arrangements under section 225B(1);
a decision of the regulator to give a notice under section 225G(1).
An appeal under subsection (1)(a) must be brought within the period of 28 days beginning—
with the day on which the registered provider is given the pre-entry notice under section 225C(2), or
with the day on which the premises were first entered under a warrant obtained under section 225E on the grounds in subsection (2)(b) or (c) of that section.
An appeal under subsection (1)(b) must be brought within the period of 28 days beginning with the day on which the registered provider is given the notice under section 225G(1).
No question may be raised on an appeal under subsection (1)(b) which might have been raised on an appeal under subsection (1)(a).
Where an appeal under subsection (1)(b) is brought—
the requirement to pay the sums described in section 225G(1)(a) is suspended during the period beginning with the day on which the notice under section 225G(1) is given and ending with the day on which the appeal is finally determined or withdrawn, and
no interest is payable by virtue of section 225G(1)(b) in respect of that period.
This group of sections gives the regulator various powers in relation to the management and constitution of registered providers.
This section applies if the regulator is satisfied that—
a registered provider has failed to meet a standard ... under section 193, 194 or 194C,
the affairs of a registered provider have been mismanaged in relation to social housing , or
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a registered provider—
does not have a health and safety lead designated under section 126A, or
has failed to meet a requirement under section 126C(1),
the functions of the health and safety lead are not being carried out,
a registered provider has failed to comply with a performance improvement plan notice.
The regulator may by notice require the registered provider to implement a process specified by the regulator for the purpose of—
inviting persons to apply to undertake management functions of the registered provider, and
selecting from the applications and making an appointment.
A requirement may relate to—
the registered provider's affairs generally in so far as they relate to social housing, or
specified affairs relating to social housing.
A requirement must include—
provision about the constitution of a selection panel (which must include provision for ensuring representation of tenants' interests),
provision for ensuring best procurement practice (and consistent with any applicable procurement law), and
provision about the terms and conditions on which the manager is to be appointed (including provision about—
setting, monitoring and enforcing performance standards, and
resources).
Before acting under section 247(2) the regulator must give the registered provider a notice—
specifying grounds on which action might be taken under that section,
warning the provider that the regulator is considering action under that section, and
explaining the effect of this section.
The notice must specify a period during which the registered provider may make representations to the regulator.
The period must—
be a period of at least 28 days, and
begin with the date on which the registered provider receives the notice.
The regulator must send a copy of a notice under subsection (1) to—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Secretary of State (if the notice is given to a local authority), and
the HCA,
the Greater London Authority (if the notice is given to a registered provider who owns land in Greater London),
any other persons the regulator thinks appropriate.
A notice under subsection (1) must—
refer to section 125 (voluntary undertaking), and
indicate whether or to what extent the regulator would accept a voluntary undertaking instead of, or in mitigation of, action under section 247(2).
Notice under subsection (1) may be combined with notice under one or more of sections 230, 242, 250 and 252.
In imposing a requirement the regulator must have regard to views of—
relevant tenants,
the registered provider,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the HCA,
the Secretary of State (if the registered provider is a local authority), and
the Greater London Authority (if the notice is given to a registered provider who owns land in Greater London),
if the regulator thinks it appropriate, any relevant local housing authority.
If the regulator imposes a requirement it must send a copy—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the HCA,
in the case of a requirement imposed on a registered provider who owns land in Greater London, to the Greater London Authority, and
in the case of a requirement imposed on a local authority, to the Secretary of State.
A registered provider may appeal to the High Court against a requirement under section 247(2).
An appeal under this section must be brought within the period of 28 days beginning with the day on which the regulator notifies the registered provider of the imposition of a requirement on the provider under section 247(2).
This section applies if as a result of an inquiry under section 206 or an audit under section 210 or 210A the regulator is satisfied that—
the affairs of a registered provider have been mismanaged in relation to social housing, ...
a transfer of certain of a registered provider's management functions would be likely to improve the management of some or all of its social housing , or
the registered provider has failed to meet a standard under section 193, 194 or 194C.
The regulator may by notice require the registered provider to transfer management functions to a specified person.
A requirement to transfer management functions may be imposed only with the Secretary of State's consent (both as to the transfer and the terms).
A requirement may relate to—
the registered provider's affairs generally in so far as they relate to social housing, or
specified affairs relating to social housing.
Transfer shall be on terms and conditions (including as to remuneration) specified in, or determined in accordance with, the requirement.
A transferee manager shall have—
any power specified in the requirement, and
any other power in relation to the registered provider's affairs required by the manager for the purposes specified in the requirement (including the power to enter into agreements and take other action on behalf of the registered provider).
Before acting under section 249(2) the regulator must give the registered provider a notice—
specifying grounds on which action might be taken under that section,
warning the provider that the regulator is considering action under that section, and
explaining the effect of this section.
The notice must specify a period during which the registered provider may make representations to the regulator.
The period must—
be a period of at least 28 days, and
begin with the date on which the registered provider receives the notice.
The regulator must send a copy of a notice under subsection (1) to—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in the case of a notice given to a local authority, the Secretary of State, and
the HCA,
in the case of a notice given to a registered provider who owns land in Greater London, the Greater London Authority,
any other persons the regulator thinks appropriate (having regard, in particular, to any person who provided information as a result of which the notice is given).
A notice under subsection (1) must—
refer to section 125, and
indicate whether or to what extent the regulator would accept a voluntary undertaking under that section instead of, or in mitigation of, action under section 249(2).
Notice under subsection (1) may be combined with notice under one or more of sections 230, 242, 248 and 252.
In imposing a requirement the regulator must have regard to views of—
relevant tenants,
the registered provider,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the HCA,
if the requirement would be imposed on a local authority, the Secretary of State, and
if the requirement would be imposed on a registered provider who owns land in Greater London, the Greater London Authority,
if the regulator thinks it appropriate, any relevant local housing authority.
If the regulator imposes a requirement it must send a copy—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the HCA,
in the case of a requirement imposed on a registered provider who owns land in Greater London, to the Greater London Authority, and
in the case of a requirement imposed on a local authority, to the Secretary of State.
A registered provider may appeal to the High Court against a requirement under section 249(2).
An appeal under this section must be brought within the period of 28 days beginning with the day on which the regulator notifies the registered provider of the imposition of a requirement on the provider under section 249(2).
This section applies if the regulator is satisfied that—
a private registered provider has failed to meet a standard under section 193, 194 or 194C,
the affairs of a private registered provider have been mismanaged in relation to social housing.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The regulator may by notice to the registered provider —
appoint ... a manager of the registered provider, or
require the registered provider to appoint ... a manager.
An appointment or requirement may relate to a manager—
of the registered provider's affairs generally in so far as they relate to social housing, or
of specified affairs relating to social housing.
Appointment shall be on terms and conditions (including as to remuneration) specified in, or determined in accordance with, the appointment or requirement.
A manager shall have—
any power specified in the appointment or requirement, and
any other power in relation to the registered provider's affairs required by the manager for the purposes specified in the appointment or requirement (including the power to enter into agreements and take other action on behalf of the registered provider).
This section makes further provision about the application of sections 247 and 249 in a case where the registered provider is a local authority.
The regulator may act under those sections even if the local authority already has a management agreement in place.
But while a section 247 or 249 arrangement is in force, the local authority may not give effect to a management agreement as respects functions of the authority which are the subject of the arrangement.
Any duty the local authority may have to consult with respect to the exercise of its management functions (for example, a duty arising by virtue of section 27BA of the Housing Act 1985) does not apply so far as it is acting pursuant to a requirement imposed on it under section 247 or 249.
A section 247 or 249 arrangement—
is not to be considered a management agreement, but
subsections (13) and (15) of section 27 of the Housing Act 1985 apply to it as they apply to a management agreement.
In this section—
Before acting under section 251(2) the regulator must give the registered provider a notice—
specifying grounds on which action might be taken under that section,
warning the provider that the regulator is considering action under that section, and
explaining the effect of this section.
The registered provider may make representations to the regulator about the notice within the period of 5 days beginning with the day on which the provider receives the notice.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
be a period of at least 28 days, and
begin with the date on which the registered provider receives the notice.
Unless the registered provider consents, the regulator may not take action under section 251(2) before the expiry of the period within which the provider may make representations.
The regulator must send a copy of a notice under subsection (1) to—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any other persons it thinks appropriate (having regard, in particular, to any person who provided information as a result of which the notice is given).
the HCA,
the Greater London Authority (if the notice is given to a registered provider who owns land in Greater London), and
A notice under subsection (1) must—
refer to section 125 (voluntary undertaking), and
indicate whether or to what extent the regulator would accept a voluntary undertaking instead of, or in mitigation of, action under section 251(2).
Notice under subsection (1) may be combined with notice under one or more of sections 230, 242, 248 and 250.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The regulator may require a manager to report to the regulator on the affairs specified in the appointment or requirement under section 251(3).
The regulator must notify the HCA of an appointment or requirement under section 251(2).
A private registered provider may appeal to the High Court against an appointment or requirement under section 251(2).
The regulator must notify the Greater London Authority of an appointment or requirement under section 251(2) in respect of a registered provider who owns land in Greater London.
An appeal under this section must be brought within the period of 28 days beginning with the day on which—
the regulator notifies the registered provider of an appointment made under section 251(2)(a) (in the case of an appeal against an appointment), or
the regulator notifies the registered provider of the imposition of a requirement on the provider under section 251(2)(b) (in the case of an appeal against a requirement).
This section applies if as a result of an inquiry under section 206 or an audit under section 210 the regulator is satisfied that—
the affairs of a private registered provider have been mismanaged in relation to social housing, ...
a transfer of land by a private registered provider would be likely to improve the management of the land , or
the registered provider has failed to meet a standard under section 193, 194 or 194C.
The regulator may require the registered provider to transfer specified land—
to the regulator, or
to another specified private registered provider.
A requirement may be imposed on a profit-making registered provider only in relation to its social housing and associated land.
For the purposes of subsection (3) land is associated with social housing if the regulator thinks that it is used in connection with the social housing or its management.
A requirement may not be imposed on a non-profit registered provider requiring it to transfer land to a profit-making registered provider.
A requirement may not be imposed on a registered charity.
A requirement may be imposed on a charity which is not registered (C1), but only for transfer to another charity (C2) whose objects the regulator thinks are similar to those of C1.
A transfer under section 253 shall be on terms specified in, or determined in accordance with, the requirement.
The price shall be not less than an amount certified by the district valuer as the amount the property would fetch if sold by a willing seller to another registered provider.
The terms shall include provision as to the payment of any debts or liabilities in respect of the land (whether or not secured on it).
A requirement to transfer land may be imposed only with the Secretary of State's consent (both as to the transfer and the terms).
Where land is transferred to the regulator under section 253(2)(a)—
the regulator may dispose of it only to a registered provider, and
if it is transferred by a non-profit registered provider, the regulator may dispose of it only to a non-profit registered provider.
This section applies to a registered provider which is a local authority.
The power in subsection (3) is exercisable if the regulator is satisfied—
that it is necessary to exercise it for the proper management of the authority’s affairs so far as they relate to the provision of social housing (its “social housing affairs”), ...
that it is desirable to exercise it in the interests of securing better services for the authority’s tenants,
that the authority—
does not have a health and safety lead designated under section 126A, or
has failed to meet a requirement under section 126C(1),
that the functions of the health and safety lead are not being carried out,
that the authority has failed to meet a standard under section 193, 194 or 194C , or
that the authority has failed to comply with a performance improvement plan notice.
The regulator may—
appoint one or more advisers to assist the authority in relation to its social housing affairs (or a particular aspect of those affairs), or
require the authority to appoint one or more advisers for that purpose.
Appointment shall be on terms and conditions (including as to remuneration) specified in, or determined in accordance with, the appointment or requirement.
A requirement under subsection (3)(b) may specify a process which the authority is required to implement for selecting and appointing advisers.
The authority must cooperate with any advisers appointed by virtue of this section.
This section applies if as a result of an inquiry under section 206 or an audit under section 210 the regulator is satisfied that—
the affairs of a non-profit registered provider which is a registered society have been mismanaged in relation to social housing, ...
the management of social housing owned by a non-profit registered provider which is a registered society would be improved if the provider were amalgamated with another registered society , or
the registered provider has failed to meet a standard under section 193, 194 or 194C.
The regulator may make and execute on behalf of the society an instrument providing for the amalgamation of the society with another registered society.
The regulator may act under subsection (2) only with the Secretary of State's consent.
An instrument providing for the amalgamation of a society (“S1”) with another has the same effect as a resolution by S1 under section 109 of the Co-operative and Community Benefit Societies Act 2014 (amalgamation of societies by special resolution).
A copy of an instrument shall be sent to and registered by the Financial Conduct Authority.
An instrument does not take effect until the copy is registered.
The copy must be sent for registration during the period of 14 days beginning with the date of execution; but a copy registered after that period is valid.
Any body created by virtue of an amalgamation—
must be registered by the regulator and designated as a non-profit organisation, and
pending registration shall be treated as registered and designated as a non-profit organisation.
The regulator may make an order under this section if—
an inquiry under section 206 is in progress in respect of a private registered provider, and
either of the following cases applies.
Case 1 applies if the regulator is satisfied—
that the affairs of the registered provider have been mismanaged, and
that the interests of tenants of the registered provider, or its assets, require protection.
Case 2 applies if as a result of an inquirer's interim report under section 207 the regulator is satisfied that—
the affairs of the registered provider have been mismanaged, or
the registered provider has failed to meet a standard under section 194.
The regulator may order a bank or other person who holds money or securities on behalf of the registered provider not to part with the money or securities without the regulator's consent.
The regulator may make an order restricting—
the transactions that may be entered into by the registered provider, or
the nature and amounts of payments that may be made by it.
An order under subsection (5) may in particular provide that transactions may not be entered into or payments made without the regulator's consent.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If the registered provider is a registered charity, the regulator must notify the Charity Commission if it makes an order under this section.
An order ceases to have effect at the end of the period of 6 months beginning with the day on which the inquirer's final report under section 207 is made.
But the regulator—
may revoke the order before that time;
may by order extend it for a specified period of up to 6 months.
This section applies if as a result of an inquiry under section 206 or an audit under section 210 the regulator is satisfied that—
the affairs of a private registered provider have been mismanaged, or
a private registered provider has failed to meet a standard under section 194.
The regulator may order a bank or other person who holds money or securities on behalf of the registered provider not to part with the money or securities without the regulator's consent.
The regulator may make an order restricting—
the transactions that may be entered into by the registered provider, or
the nature and amounts of payments that may be made by it.
An order under subsection (3) may in particular provide that transactions may not be entered into or payments made without the regulator's consent.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If the registered provider is a registered charity, the regulator must notify the Charity Commission if it makes an order under this section.
An order under this section has effect until revoked by the regulator.
Before making an order under section 256 or 257 the regulator must take all reasonable steps to give notice to—
the registered provider, and
in the case of an order under section 256(4) or 257(2), the person to whom the order is directed.
Contravention of an order under section 256(4) or 257(2) is an offence.
A person guilty of an offence is liable on summary conviction to a fine ....
Proceedings for an offence may be brought only by or with the consent of—
the regulator, or
the Director of Public Prosecutions.
The regulator may make an order under this section if—
an inquiry under section 206 is in progress in respect of a private registered provider, and
any of the following cases applies.
Case 1 applies if the regulator is satisfied—
that the affairs of the registered provider have been mismanaged, and
that the interests of tenants of the registered provider, or its assets, require protection.
Case 2 applies if as a result of an inquirer's interim report under section 207 the regulator is satisfied that—
the affairs of the registered provider have been mismanaged, or
the registered provider has failed to meet a standard under section 193, 194 or 194C.
The regulator may by order—
where Case 1 or Case 2 applies, suspend any officer, employee or agent of the registered provider who it thinks has contributed to the mismanagement or failure, or
where Case 3 applies, suspend the officer, employee or agent who it thinks is obstructing, or failing to co-operate with, the inquiry.
Case 3 applies if the regulator is satisfied that an officer, employee or agent of the registered provider is obstructing, or failing to co-operate with, the inquiry.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
An order ceases to have effect at the end of the period of 6 months beginning with the day on which the inquirer's final report under section 207 is made.
But the regulator may revoke an order before the end of that period.
The regulator shall notify the Charity Commission if it suspends an officer, employee or agent of a registered charity.
If the regulator makes an order, the regulator must—
take all reasonable steps to notify the person suspended, and
notify the registered provider.
This section applies if as a result of an inquiry under section 206 or an audit under section 210 the regulator is satisfied that—
the affairs of a private registered provider have been mismanaged, or
a private registered provider has failed to meet a standard under section 193, 194 or 194C.
The regulator may by order remove any officer, employee or agent of the registered provider who—
it thinks has contributed to the mismanagement or failure, or
it thinks obstructed, or failed to co-operate with, the inquiry under section 206.
Pending a decision whether to remove an officer, employee or agent, the regulator may by order suspend the person for a specified period of up to 6 months.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Before making an order the regulator must take all reasonable steps to give at least 14 days' notice to—
the person, and
the registered provider.
The regulator shall notify the Charity Commission if it removes or suspends an officer, employee or agent of a registered charity.
If the regulator makes an order, the regulator must—
take all reasonable steps to notify the person removed or suspended, and
notify the registered provider.
This section applies where the regulator suspends an officer, employee or agent of a registered provider under section 259 or 260.
The regulator may give directions to the registered provider about—
the performance of the suspended person's functions, and
any other matter arising from the suspension.
The regulator may appoint a person to perform the suspended person's functions.
A person is disqualified from acting as an officer of a registered provider if the person has been removed under—
section 260, or
paragraph 24(2)(a) of Schedule 1 to the Housing Act 1996 (c. 52), section 30(1)(a) of the Housing Associations Act 1985 (c. 69) or section 20(1)(a) of the Housing Act 1974 (c. 44) (other similar provisions).
The regulator may waive a disqualification either generally or in relation to a particular registered provider or class of registered providers.
A waiver may be granted only on an application by the disqualified person.
The regulator shall notify a person whose disqualification is waived.
If a disqualified person acts as an officer of a registered provider, the person's acts are not invalid by reason only of the disqualification.
The regulator shall maintain a register of persons disqualified under section 262.
The register must show details of any waivers.
The regulator shall make the register available for inspection by the public.
It is an offence for a person to act as an officer of a registered provider in respect of which the person is disqualified under section 262.
A person guilty of an offence is liable—
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine ... or both;
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.
Proceedings for an offence may be brought only by or with the consent of—
the regulator, or
the Director of Public Prosecutions.
In relation to an offence committed before 2 May 2022 the reference in subsection (2)(a) to the general limit in a magistrates’ court shall have effect as if it were a reference to 6 months.
This section applies where the regulator is satisfied that a person—
has acted as an officer of a registered provider in respect of which the person is disqualified under section 262, and
in doing so, has received payments or other benefits from the registered provider.
The regulator may require the person to repay the sum or, as the case may be, a specified amount representing the whole or part of the value of the benefit.
If a person fails to comply with a requirement the registered provider may recover the sum or specified amount as a debt.
The regulator may by order remove an officer of a private registered provider if a Case listed in this section applies to the officer.
Case 1 applies to a person who has been made bankrupt.
Case 2 applies to a person who has made an arrangement with creditors.
Case 3 applies to a person who is subject to a disqualification order or a disqualification undertaking under the Company Directors Disqualification Act 1986 (c. 46) or equivalent legislation in Northern Ireland.
Case 4 applies to a person who is subject to an order under section 429(2) of the Insolvency Act 1986 (c. 45) (disabilities on revocation of county court administration order).
Case 5 applies to a person who is disqualified under section 178 of the Charities Act 2011 from being a charity trustee.
Case 6 applies to a person who is incapable of acting by reason of mental disorder.
Case 7 applies to a person who is impeding the proper management of the registered provider by reason of absence or failure to act.
Case 8 applies to a person who is obstructing the regulator, or failing to co-operate with the regulator, in the performance of the regulator’s functions under this Part.
Before making an order under section 266 in respect of an officer the regulator must take all reasonable steps to give at least 14 days' notice to—
the officer, and
the registered provider.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If the regulator makes an order, the regulator must—
take all reasonable steps to notify the person removed, and
notify the registered provider.
The regulator must notify the Charity Commission if it makes an order removing an officer of a registered charity.
A person removed or suspended under section 259, 260 or 266 may appeal to the High Court.
An appeal under this section must be brought within the period of 28 days beginning with the day on which the registered provider concerned is notified of the removal or suspension.
The regulator may by order appoint a person as an officer of a private registered provider—
to replace an officer removed by order under section 266,
where there are no officers, ...
if the regulator is satisfied an additional officer is necessary to ensure that the registered provider's affairs are managed in accordance with legal requirements (imposed by or under an Act or otherwise).
in the case of a registered provider which is a registered charity, registered society or registered company, if none of the officers is a board member,
if the regulator is satisfied that the registered provider has failed to meet a standard under section 193, 194 or 194C, or
The regulator may appoint more than a minority of the officers of a registered provider only if—
the provider has fewer officers than required by its constitution, or
its constitution does not specify a minimum number of officers.
In subsection (1)(ba), “board member” means—
in the case of a registered charity which is not a registered company, a charity trustee within the meaning given by section 177 of the Charities Act 2011;
in the case of a registered society, a member of its committee within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014;
in the case of a registered company, a director within the meaning given by section 250 of the Companies Act 2006.
Subsection (1) overrides any restriction on eligibility or numbers of officers imposed by the body's constitution.
An order appointing an officer shall specify the period for which, and the terms on which, the office is to be held; but—
... the regulator may by order renew the appointment (on any number of occasions), and
the officer may resign or retire in accordance with the registered provider's constitution.
An officer appointed by order has the same rights, powers and obligations as an officer appointed under the registered provider's constitution.
The regulator may exercise the power in subsection (1) in respect of a registered charity only if—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the regulator notified the Charity Commission of its intention to do so .
The regulator may give a censure notice to a local authority if—
an inquiry under section 206 is in progress in respect of the authority, and
either of the following cases applies.
Case 1 applies if the regulator is satisfied—
that the affairs of the authority have been mismanaged, and
that the interests of tenants of the authority, or its assets, require protection.
Case 2 applies if as a result of an inquirer’s interim report under section 207 the regulator is satisfied that—
the affairs of the authority have been mismanaged, or
the authority has failed to meet a standard under section 193, 194 or 194C.
The regulator may also give a censure notice to a local authority if, as a result of an inquiry under section 206, the regulator is satisfied that—
the affairs of the authority have been mismanaged, or
the authority has failed to meet a standard under section 193, 194 or 194C.
A censure notice is a notice identifying an employee or agent of the authority who the regulator thinks has contributed to the failure or mismanagement.
The notice must include the regulator’s reasons.
The regulator shall send a copy of the notice to the employee or agent concerned.
No more than one employee or agent may be identified in a censure notice (but this does not prevent several notices being given in respect of the same failure or mismanagement).
Members of local authorities may not be identified in censure notices.
A local authority to whom a censure notice is given under section 269A must respond to the regulator in writing within 28 days of receipt of the notice.
The response must—
explain what action (if any) the authority has taken or proposes to take in relation to the employee or agent,
explain why the authority does not think the employee or agent has contributed to the failure or mismanagement, or
explain why the authority does not think its affairs have been mismanaged or it has failed to meet the standard (as the case may be).
The Table gives the meaning of “officer” in relation to registered providers. private registered provider Meaning of “officer” Registered charity which is not a registered company Trustee, secretary or treasurer Registered society “Officer” within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014 (including a person co-opted to serve on the society's committee) Registered company “Officer” within the meaning given by section 1173 of the Companies Act 2006 Limited liability partnership A member of the limited liability partnership
A person (“A”) is a subsidiary of another person (“B”) if—
A is a subsidiary undertaking in relation to B for the purposes of the Companies Acts (see section 1162 of, and Schedule 7 to, the Companies Act 2006), or
A would be a subsidiary undertaking in relation to B for those purposes if “undertaking” were defined for those purposes to mean any person.
Condition 1 is that the person—
is a member of the company, and
has power, independent of any other person, to appoint or remove all or a majority of the board of directors.
Condition 2 is that the person holds more than half in nominal value of the company’s equity share capital.
Condition 3 is that the company is a subsidiary, within the meaning of the Companies Act 2006 (c. 46) or the Friendly and Industrial and Provident Societies Act 1968 (c. 55), of a company which is a subsidiary of the person by virtue of Condition 1 or 2.
In relation to a company which is an industrial and provident society a reference to the board of directors is a reference to the committee of management.
“Associate” of a provider means—
a body of which the provider is a subsidiary, and
any other subsidiary of that body.
For the purposes of this Part one person is a member of the family of another if—
they are, or live together as if they were, spouses or civil partners, or
one is the parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece of the other.
For those purposes—
a relationship by marriage or civil partnership shall be treated as a relationship by blood (and, in particular, P's stepchild shall be treated as P's child), and
a relationship by half-blood shall be treated as a relationship by whole blood.
In this Part a reference to disposing of property is a reference to—
selling it,
leasing it,
mortgaging it,
making it subject to a charge, and
disposing of it, or of any interest in it, in any other way.
Granting an option to require a disposal shall be treated as making a disposal.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of this Part a registered charity has received public assistance if at least one of the following conditions is satisfied.
Condition 1 is that the charity has received financial assistance from the HCA under section 19.
Condition 2 is that the charity has received financial assistance under section 24 of the Local Government Act 1988 (c. 9) (assistance for privately let housing accommodation).
Condition 3 is that the charity has had housing transferred to it pursuant to—
a large scale disposal, within the meaning of section 34 of the Housing Act 1985 (c. 68), for which consent was required under section 32 or 43 of that Act, or
a qualifying disposal that was made under section 135 of the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28).
Condition 4 is that the charity has received a grant or loan under—
section 18 of the Housing Act 1996 (c. 52) (social housing grants),
section 22 of that Act (assistance from local authorities),
section 58 of the Housing Associations Act 1985 (c. 69) (grants or loans by local authorities),
section 50 of the Housing Act 1988 (c. 50), section 41 of the Housing Associations Act 1985 or any enactment replaced by that section (housing association grant),
section 51 of the Housing Act 1988 (c. 50) or section 54 or 55 of the Housing Associations Act 1985 (c. 69) (revenue deficit grant or hostel deficit grant),
section 79 of the Housing Associations Act 1985 (loans by Housing Corporation),
section 31 of the Housing Act 1974 (c. 44) (management grants), or
any enactment mentioned in paragraph 2 or 3 of Schedule 1 to the Housing Associations Act 1985 (pre-1974 grants and certain loans).
In this Part, except where the context requires otherwise—
The Table lists expressions defined in this Part. Expression Section . . . . . . Appointed member Section 80B Associate Section 271 Assured agricultural occupancy Section 275 Assured tenancy Section 275 Censure notice Section 269A The chair Section80B Charity Commission Section 275 Committee (registered society) Section 275 Compensation notice Section 240 Consent Section 275 Constitution Section 275 Contract-holder Section 275 Conveyance Section 275 Disposal Section 273 District valuer Section 275 Dwelling Section 275 Emergency remedial action section 225B Enforcement notice Sections 219 to 225 English body section 79 Equity percentage arrangements Section 70(5) . . . . . . Family Section 272 Financial year Section 104 Financial Year Section 100E Fundamental objectives Section 92K The HCA Section 275 health and safety lead section 126A(2) health and safety requirement section 126B(2) Housing ombudsman section 275 . . . . . . . . . . . . Local authority Section 275 Local housing authority Section 275 Low cost home ownership accommodation Section 70 Low cost rental accommodation Section 69 Maintenance Section 275 Mismanagement Section 275 Non-profit organisation Section 115 Non-registrable charity Section 275 Notice Section 275 Occupation contract Section 275 Officer Section 270 Ordinary non-preferential debt Section 275 Ordinary preferential debt Section 275 Penalty notice Section 228 Performance improvement plan Section 218A Performance improvement plan notice Section 218A Pre-compensation warning Section 242 Pre-penalty warning Section 230 Preferential creditor Section 275 Preferential debt Section 275 Price Section 275 Private registered provider (of social housing) Section 80 Profit-making organisation Section 115 Provider (of social housing) Section 80 . . . . . . Registered charity Section 275 Registered company Section 275 Registered provider (of social housing) Section 80 Registered society Section 275 The regulator Section80A The Regulator of Social Housing Section80A Relevant financial institution Section 275 Rent Section 275 Representations Section 275 Secondary non-preferential debt Section 275 Secondary preferential debt Section 275 Secure tenancy Section 275 Secured creditor Section 275 Shared ownership arrangements Section 70(4) Shared ownership trust Section 70(6) Social housing Section 68 Subsidiary Section 271 Tenant Section 275 Tertiary non-preferential debt Section 275 . . . . . .
Schedule 9 (which contains amendments of enactments) has effect.
The powers in Chapters 6 and 7 are exercisable in relation to premises which are on land in which there is a Crown interest or a Duchy interest.
A “Crown interest” means—
an interest belonging to His Majesty in right of the Crown, or
an interest belonging to a government department or held in trust for His Majesty for the purposes of a government department.
A “Duchy interest” means an interest belonging to His Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall.
This section applies to a duty or power to process information where the duty or power is imposed or conferred by or by virtue of any provision of this Part.
A duty or power to which this section applies does not operate to require or authorise the processing of information which would contravene the data protection legislation (but the duty or power is to be taken into account in determining whether the processing would contravene that legislation).
In this section “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
The regulator shall include in the register under section 111 on its establishment anyone—
who was registered under section 1 of the Housing Act 1996 (c. 52) (register of social landlords) immediately before section 61 came into force, and
in relation to whom the Relevant Authority was the Housing Corporation (in accordance with section 56 of that Act).
A person registered under this section shall be designated as a non-profit organisation.
The Secretary of State may for the purposes of the following provisions of this Part nominate a body appearing to the Secretary of State to represent the interests of tenants of social housing in England—
section 112(4);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 196(1);
section 197(4);
section 216.
The Secretary of State must notify the regulator of any nomination (or withdrawal of any nomination) under this section.
A person who is selling a residential property as a new property must supply the purchaser with—
a sustainability certificate, or
a written statement to the effect that there is no sustainability certificate for the property.
If the seller is to supply a sustainability certificate, the seller must supply it before the sale is agreed if it is reasonably practicable to do so.
If it is not reasonably practicable to do so, the seller must—
supply an interim certificate before the sale is agreed, and
supply the sustainability certificate at such time, or within such period, as may be prescribed.
If the seller is to supply a statement, the seller must supply it before the sale is agreed.
The appropriate national authority may by regulations require sellers to supply certificates or statements to purchasers earlier than required by subsection (2), (3)(a) or (4).
The appropriate national authority may by regulations provide for exceptions from any duty imposed by virtue of subsections (1) to (5) in such cases and circumstances, and to such extent, as may be specified in the regulations.
Regulations under subsection (6) may impose alternative duties in relation to the supply of certificates or statements.
The seller is not required to comply with a requirement imposed by virtue of this section if the seller has a reasonable excuse for not complying with the requirement.
The seller may not charge for supplying a certificate or statement by virtue of this section.
The power conferred by subsection (3)(b) may, in particular, be exercised so as to prescribe a time, or a period which ends, after the completion of the sale.
In this Chapter—
For the purposes of this Chapter the sustainability of a residential property relates to the extent to which— meet any sustainability standards.
the materials used in the property,
other aspects of the design and construction of the property, and
any services, fittings and equipment provided in, or in connection with, the property,
Sustainability standards are standards prescribed by the appropriate national authority for any of the following purposes—
ensuring the health, safety, welfare and convenience of persons in or about the property and of others who may be affected by the property or matters connected with it,
furthering the efficient management of the property and of its construction,
furthering energy efficiency,
furthering the efficient use of water and minimising flood risk,
furthering efficient waste management,
furthering the protection or enhancement of the environment, and
furthering the prevention or detection of crime.
The appropriate national authority may by regulations amend subsection (2) so as to add, remove or alter purposes for the time being contained there.
The references in this section to the construction of the property include references to any related demolition and any off-site activities relating to the construction or demolition.
The assessment of the sustainability of a residential property is to be carried out for the purposes of this Chapter by an authorised assessor.
The appropriate national authority may by regulations make provision about authorised assessors.
The regulations must specify the persons or descriptions of persons who are to be authorised assessors.
Subsections (5) to (9) apply if regulations under subsection (2) provide for authorised assessors to be persons accredited under an approved accreditation scheme.
The regulations may make provision about accreditation schemes.
The regulations may, in particular, provide for—
the approval by the appropriate national authority of one or more accreditation schemes (whether established by the appropriate national authority or another person),
the withdrawal by the appropriate national authority of any such approval,
the charging of fees under accreditation schemes.
Any regulations of the kind mentioned in subsection (6)(a) must require the appropriate national authority to be satisfied, before approving an accreditation scheme, that the scheme contains appropriate provision—
for ensuring that members of the scheme are fit and proper persons who are qualified (by their education, training and experience) to carry out assessments,
for ensuring that a code of conduct for members of the scheme is maintained and published,
for ensuring that members of the scheme have in force suitable indemnity insurance,
for facilitating the resolution of complaints against members of the scheme,
for requiring certificates or other documents given by members of the scheme to be entered on a register under section 282,
for the keeping of a public register of the members of the scheme, and
for such other purposes as may be specified in the regulations.
Subsection (7) does not limit the matters which the regulations may require the appropriate national authority to be satisfied about before approving an accreditation scheme.
Regulations under subsection (5) may, in particular, require or authorise an approved accreditation scheme to contain provision about any matter relating to sustainability certificates or other documents with which the scheme is concerned (including the terms on which members of the scheme may undertake to produce such documents).
The appropriate national authority may by regulations make provision about a register of sustainability certificates.
The regulations may, in particular, make provision of the kind mentioned in subsections (3) to (7).
The regulations may provide for a register to be kept—
by (or on behalf of) the appropriate national authority, or
by such other person as the regulations may specify or describe.
The regulations may require a person wishing to enter a document onto a register to pay such fee as may be prescribed.
No person may disclose— except in accordance with any provision of the regulations which authorises or requires such a disclosure to be made.
a register or any document (or part of a document) contained in it, or
any information contained in, or derived from, a register,
The regulations may make provision as to circumstances in which, or purposes for which, a person or a person of a prescribed description—
may (on payment of such fee, if any, as may be prescribed)—
inspect a register or any document (or part of a document) contained in it,
take or be given copies of a register or any document (or part of a document) contained in it, or
be given information contained in, or derived from, a register, or
may disclose anything obtained by virtue of provision made under paragraph (a).
The purposes which may be so prescribed may be public purposes or purposes of private undertakings or other persons.
A person who contravenes subsection (5) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
The appropriate national authority may by regulations provide for interim certificates or other documents to be included on a register.
In such a case, subsections (1) to (8) apply in relation to the interim certificates or other documents concerned as they apply in relation to sustainability certificates.
Every local weights and measures authority is an enforcement authority for the purposes of this Chapter.
It is the duty of each enforcement authority to enforce in its area the duties imposed by virtue of section 279.
Subsection (2) applies if an authorised officer of an enforcement authority believes that a person is, or has been, subject to a duty imposed by virtue of section 279 to supply a certificate or statement in relation to a particular property.
The officer may require the person to produce for inspection a copy of the certificate or statement.
The power conferred by subsection (2) includes power—
to require the production of a legible hard copy of any certificate or statement which is held in electronic form, and
to take copies of any hard copy produced for inspection.
A requirement under this section may not be imposed more than 6 months after the last day for supplying the certificate or statement concerned in pursuance of the duty imposed by virtue of section 279.
A person is not required to comply with a requirement under this section if the person has a reasonable excuse for not complying with the requirement.
Subject to this, a person subject to such a requirement must comply with it within the period of 7 days beginning with the day after that on which it is imposed.
An authorised officer of an enforcement authority may give a penalty charge notice to a person if the officer believes that the person has committed a breach of—
any duty imposed by virtue of section 279, or
any duty under section 284.
A penalty charge notice may not be given after the end of the period of 6 months beginning with the day (or, in the case of a continuing breach, the last day) on which the breach of duty was committed.
Schedule 10 (which makes further provision about penalty charge notices) has effect.
A person who, without reasonable excuse, obstructs an officer of an enforcement authority who is acting in pursuance of duties imposed by virtue of this Chapter is guilty of an offence.
A person who, not being an authorised officer of an enforcement authority, purports to act as such in pursuance of section 284 or 285 is guilty of an offence.
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
The appropriate national authority may make grants towards expenditure incurred by any person in connection with the development of proposals for, or the operation of—
a register under section 282, or
accreditation schemes or any other provision which may be made by regulations under this Chapter.
A grant under this section may be made on conditions, which may include (among other things)—
conditions as to the purposes for which the grant or any part of it may be used, and
conditions requiring the repayment (with or without interest) of the grant or any part of it in such circumstances as may be specified in the conditions.
The appropriate national authority may by regulations suspend (or later revive) the operation of any duty imposed by virtue of section 279.
Such regulations may provide for the suspension of a duty to take effect only for a period specified in the regulations.
A duty which is (or is to any extent) revived after being suspended may be suspended again.
The appropriate national authority may by regulations make provision about the disclosure of—
sustainability certificates, interim certificates or statements of the kind mentioned in section 279(1)(b),
copies of any such documents,
any information contained in, or derived from, any such documents or copies, or
any information collected by an authorised assessor for the purposes of preparing a sustainability certificate or an interim certificate.
A person who, without reasonable excuse, discloses anything whose disclosure is prohibited by regulations under subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
The appropriate national authority may by regulations make such provision as the authority considers appropriate—
for the general purposes, or any particular purpose, of this Chapter,
in consequence of any provision made by virtue of this Chapter or for giving full effect to it.
Such regulations may, in particular, provide for—
the form and content of sustainability certificates and interim certificates,
the form and content of written statements of the kind mentioned in section 279(1)(b),
ways in which sustainability standards may be met,
the issue of guidance for the purposes of this Chapter,
the relationship between any provision made by virtue of this Chapter and any provision ... in relation to energy performance certificates.
Regulations made by virtue of subsection (2)(a) or (b) may, in particular, provide for the form or content of the documents concerned to be such as may be approved by the appropriate national authority.
In subsection (2)(e) “energy performance certificate” has the same meaning as in the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 (S.I. 2007/991) (see regulation 2(1)) or any corresponding subsequent regulations.
The appropriate national authority may by regulations provide for this Chapter to apply, with or without prescribed modifications, to— as it applies to residential properties.
buildings which are not residential properties, or
prescribed descriptions of buildings falling within paragraph (a),
The appropriate national authority may by regulations provide for this Chapter to apply, with or without prescribed modifications, to— as it applies to new residential properties.
newly converted residential properties,
newly converted buildings which are not residential properties, or
prescribed descriptions of residential properties falling within paragraph (a) or buildings falling within paragraph (b),
For the purposes of this Chapter a residential property or other building is newly converted if—
it has been converted but has never been used for its intended purpose,
it is being converted, or
its conversion is being designed.
The appropriate national authority may by regulations provide for circumstances in which a residential property or other building is to be treated as having been converted.
The references in subsections (1)(a) and (b), (2)(b) and (c) and (3) and (4) to buildings include references to—
ancillary land, and
buildings and ancillary land which are being designed or constructed or are to be constructed.
The appropriate national authority may by regulations amend the definition of “purchaser” in section 292(1).
Regulations under subsection (6)—
must ensure that the descriptions of persons falling within the definition on the passing of this Act continue to fall within the definition (but this is without prejudice to the power to amend the text of the definition), and
may, in particular, ensure that descriptions of persons who are taking steps with a view to deciding whether to purchase residential properties are included within the definition.
In this Chapter—
Any reference in subsection (1) or (5) to the disposal of a relevant interest includes a reference to the creation of such an interest.
For the purposes of this Chapter a person who is selling a residential property is to be treated as selling it as a new property if, at the time in question—
the property is being designed,
the property is being constructed, or
the construction of the property has been finished but the property has never been occupied as a dwelling.
For the purposes of this Chapter, the construction of a residential property is to be treated as finished if the property—
is wind and weather proof,
is safe and sanitary for any occupiers or visitors,
has facilities for the supply of space heating, hot and cold water and electricity,
has washing and drainage facilities, and
meets any other prescribed requirements.
For the purposes of this Chapter a sale is agreed—
in the case of a legally binding agreement to dispose by way of sale, when the agreement is entered into, and
in the absence of such an agreement, when the disposal is made.
Any requirement imposed by virtue of section 279 to supply a certificate or statement—
may be met by supplying a copy of the certificate or statement, and
may be met by supplying the certificate or statement (or copy) in electronic form if the intended recipient consents to receiving it in that form.
For the purposes of this Chapter a certificate, statement or copy supplied in electronic form is only to be treated as being received if the recipient is readily able (using equipment available to the recipient)—
to view the document in a form that is legible, and
to produce hard copies of it in a legible form.
The sale or purchase of a residential property is not invalid merely because of a failure to comply with any requirement imposed by virtue of this Chapter.
In this Chapter, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column. Expression Provision Agreed (in relation to a sale) Section 292(5) Ancillary land Section 292(1) Appropriate national authority Section 292(1) Building Section 292(1) Enforcement authority Section 283(1) Finished (in relation to construction of residential property) Section 292(4) Interim certificate Section 279(11) Modifications Section 292(1) Newly converted Section 291(3) Prescribed Section 292(1) Purchase Section 292(1) Purchaser Section 292(1) Relevant interest Section 292(1) Residential property Section 292(1) Sell Section 292(1) Sell as new property Section 292(3) Supply (in relation to certificates or statements) Section 292(6) and (7) Sustainability Section 280 Sustainability certificate Section 279(11)
Schedule 3A to the Housing Act 1985 (c. 68) (consultation before disposal to private sector landlord) is amended as follows.
After paragraph 3(3) insert—
In paragraph 5(1)—
for “it appears to him” substitute “ the result of a ballot arranged under paragraph 3(4) shows ”, and
after “relates” insert “ who voted in the ballot ”.
After paragraph 5 insert—
Subsections (2) to (4) do not apply to consultations begun before the coming into force of those subsections.
For the purposes of subsection (5) a consultation has begun when a notice has been served under paragraph 3(2) of Schedule 3A to the Act of 1985.
Section 27AB of the Housing Act 1985 (c. 68) (management agreements with tenant management organisations) is amended as follows.
In subsection (2), after paragraph (b), insert—.
In subsection (4)—
in paragraph (a) after “authority” insert “ or the person making the regulations ”,
after paragraph (b), insert—, and
in paragraph (c) after “guidance” insert “ or directions ”.
After section 34 of the Housing Act 1985 (c. 68) (consents in relation to disposals of land held for housing purposes) insert—
In Schedule 1 to the Housing Act 1985 (c. 68) (tenancies which are not secure tenancies) after paragraph 4 insert—
In Part 1 of Schedule 1 to the Housing Act 1988 (c. 50) (tenancies which cannot be assured tenancies) after paragraph 12 insert—
This section does not apply to any tenancy granted before the coming into force of this section.
A local housing authority must not serve a notice to quit on the tenant of a family intervention tenancy unless—
the authority has served a notice under subsection (2) on the tenant, and
either—
the tenant has not requested a review of the kind mentioned in subsection (2)(e) within the period of 14 days beginning with the service of the notice,
any such request has been withdrawn, or
the authority has served a notice on the tenant under subsection (4)(b).
A notice under this subsection is a notice in writing stating—
that the authority has decided to serve a notice to quit on the tenant,
the effect of serving a notice to quit,
the reasons for the authority's decision,
when the authority is intending to serve the notice to quit, and
that the tenant has the right to request, within the period of 14 days beginning with the service of the notice under this subsection, a review of the authority's decision.
Subsection (4) applies if the tenant requests a review of the kind mentioned in subsection (2)(e) within the period of 14 days beginning with the service of the notice under subsection (2) and the request is not withdrawn.
The local housing authority must—
review its decision to serve a notice to quit on the tenant, and
serve a notice on the tenant informing the tenant of the decision of the authority on the review and the reasons for it.
The appropriate national authority may by regulations make provision about the procedure to be followed in connection with such a review.
Regulations under subsection (5) may, in particular—
specify the description of person who is to make the decision on a review,
specify the circumstances in which the tenant is entitled to an oral hearing on a review,
specify whether, and by whom, the tenant is entitled to be represented at such a hearing.
A notice under subsection (2), and a notice to quit, served by a local housing authority in respect of a family intervention tenancy must contain advice to the tenant as to how the tenant may be able to obtain assistance in relation to the notice.
The appropriate national authority may by regulations make provision about the type of advice to be provided in such notices.
In this section— and other expressions used in this section and in paragraph 4ZA of that Schedule have the same meaning as in that paragraph.
This section does not apply to any tenancy granted before the coming into force of this section.
Schedule 11 (which makes provision about possession orders and their effect on secure tenancies, assured tenancies, introductory tenancies and demoted tenancies including provision about the status of existing occupiers) has effect.
In section 1(1) of the Leasehold Reform Act 1967 (c. 88) (right to enfranchisement or extension of long leaseholds)—
in paragraph (a) omit “at a low rent”,
before “and” at the end of paragraph (a) insert—, and
in paragraph (b) after “he has” insert— .
In that Act—
in section 1(1A) (excluded tenancies)—
for “subsection (1)(a) and (b)” substitute “ subsection (1) ”, and
omit “at a low rent”, and
omit—
section 1A(2) (certain deemed low rent tenancies),
section 1AA (additional right to enfranchisement where tenancy not low rent tenancy), and
section 4A (alternative rent limits for purposes of section 1A(2)).
Certain leases for the elderly
For the italic heading before paragraph 3 of that Schedule to that Act substitute— “ Certain housing association and other leases ”.
After paragraph 4 of Schedule 4A to the Leasehold Reform Act 1967 (c. 88) (exclusion from enfranchisement for certain shared ownership leases for the elderly) insert—
In paragraph 5 of that Schedule to that Act (power to prescribe matters by regulations)—
in sub-paragraph (1) for “Secretary of State” substitute “ appropriate national authority ”, and
in sub-paragraph (2)—
in paragraph (b) for “Secretary of State” substitute “ appropriate national authority ”,
after “which” insert “ , in the case of regulations made by the Secretary of State, ” and
after “Parliament” insert “ and, in the case of regulations made by the Welsh Ministers, shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales ”.
After paragraph 6 of that Schedule to that Act (interpretation) insert—
Schedule 12 (which relates to the provision of information about service charges and to service charge funds) has effect.
For section 121(1) of the Housing Act 1985 (c. 68) (circumstances in which the right to buy cannot be exercised) substitute—
Subsection (1) does not apply where the tenant has served a notice under section 122 of that Act (tenant's notice claiming to exercise right to buy) before the coming into force of subsection (1) above and the notice is not withdrawn.
Schedule 13 (which makes provision about demolition notices) has effect.
The Housing Act 1985 is amended as follows.
After section 128 (determination of value by district valuer) insert—
In section 125D(2) (period for serving tenant's notice of intention), in paragraph (b), for the words from “, the service” to the end substitute “ (or where the landlord exercises his right to have the value of the dwelling-house re-determined by the district valuer), the relevant event ”.
After section 125D(2) (period for serving tenant's notice of intention) insert—
In section 128(2) (power of tenant to require determination or re-determination of value) omit “, or as the case may be re-determined,”.
In section 128(5) (notice of determination or re-determination) for the words from “stating” to the end substitutestating—
After section 128(5) (notice of determination or redetermination) insert—
In section 136(2) (period for serving notice of intention where there is a change of secure tenant), in paragraph (b), for the words from “, the service” to the end substitute “ (or where the right to have the value of the dwelling-house re-determined by the district valuer is or has been exercised by the landlord), the relevant event ”.
After section 136(2) (period for serving notice of intention where there is a change of secure tenant) insert—
In section 140(4) (circumstances in which landlord's first notice to complete may not be served), after paragraph (a), insert—.
In section 181(1) (jurisdiction of county court) after “128” insert “ , 128B ”.
This section does not apply to any determination or re-determination under section 128 of the Housing Act 1985 (c. 68) which was required before the coming into force of this section.
In section 156 of the Housing Act 1985 (liability to repay is a charge on the premises)—
in subsection (4) for “and any body specified, or of a class or description specified, in an order made by the Secretary of State” substitute— “ an authorised mortgage lender. ”, and
omit subsections (5) and (6).
“authorised mortgage lender” means—
In section 622(2) of that Act (interpretation of “authorised deposit taker” and “authorised insurer”) for “and “authorised insurer”” substitute “ “ , “authorised insurer”and “authorised mortgage lender” ”.
In section 36(4) of that Act (priority of charges: approved lending institutions) for the words from “and any body” to the end substitute— “ an authorised mortgage lender. ”
In section 151B(5) of that Act (priority of charges: approved lending institutions) for the words from “and any body” to the end substitute— “ an authorised mortgage lender. ”
In paragraph 2(5) of Schedule 11 to the Housing Act 1988 (c. 50) (priority of charges: approved lending institutions) for paragraph (e) substitute—
In section 12(5) of the Housing Act 1996 (c. 52) (priority of charges: approved lending institutions) for paragraph (c) substitute—
In section 450C(4) of the Housing Act 1985 (c. 68) (loans in respect of service charges on former right to buy flats and other housing authority flats)—
in paragraph (a) for “as regards the rate of interest payable on” substitute “ in a case where a rate of interest is payable on some or all of ”, and
after paragraph (a) insert—.
The powers conferred by section 450C(3) of that Act include, in relation to loans made before the coming into force of subsection (1) above, the power to prescribe terms, or (as the case may be) make provision, of the kind envisaged by subsection (1)(b) above.
But any such terms or provision are not to apply to any particular loan made before the coming into force of subsection (1) above unless the landlord and tenant agree that they are to apply in that case.
After section 450C of the Housing Act 1985 (c. 68) (loans in respect of service charges) insert—
In paragraph 11(5B) of Schedule 5 to the Housing Act 1985 (c. 68) (exceptions to the right to buy for certain accommodation for the elderly: appeals etc. to the High Court possible by virtue of disapplication of section 231(4) of the Housing Act 2004 (c. 34)) for “Section 231” substitute “ Section 231(1), (2), (3) and (5) ”.
Subsection (1) does not apply to—
appeals begun, or cases stated and signed, before the coming into force of that subsection, or
rights of appeal, or rights to have a case stated and signed, which have accrued before that time.
In paragraph 5 of Schedule 5A to the Housing Act 1985 (service of initial demolition notices) for “Schedule 13” substitute “ Schedule 5 ”.
Schedule 14 (which makes provision about the requirements for consent for disposals of dwelling-houses by local authorities) has effect.
In section 94(1) of the Housing Act 1996 (c. 52) (financial assistance for provision of general legal advice about residential tenancies and advice about estate management schemes in connection with enfranchisement)—
after “person of” insert “ information, training or ”,
after “about” insert “ , or a dispute resolution service in connection with ”,
at the end of paragraph (a), after “tenancies,”, insert—, and
in paragraph (b), at the beginning, insert “ any matter relating to ”.
In the heading of section 94 of that Act (and the italic cross-heading before it) for “legal advice” substitute “ advice etc. ”.
After section 80A of the Local Government and Housing Act 1989 (c. 42) (housing finance: Housing Revenue Account subsidy) insert—
In section 88(1)(aa)(ii) of that Act (construction of Part 6: meaning of “appropriate person”) for “National Assembly for Wales” substitute “ Welsh Ministers ”.
In Part 3 of Schedule 4 to that Act (the keeping of the Housing Revenue Account: special cases) in paragraph 2—
at the beginning insert “(1)”, and
at the end insert—
Schedule 15 (which amends Parts 6 and 7 of the Housing Act 1996 (c. 52) in relation to certain ineligible persons from abroad and which makes related provision, including provision for Scotland and Northern Ireland) has effect.
In section 199 of the Housing Act 1996 (local connection test for homelessness and housing allocation purposes: different treatment of armed forces) omit—
subsection (2),
in subsection (3), paragraph (a) and the “or” following it,
subsection (4), and
in subsection (5), the word “other”.
In section 622(1) of the Housing Act 1985 (c. 68) (minor definitions: general)—
in the definition of “authorised deposit taker”, in paragraph (b), for “12(1)” substitute “ 12 ”, and
in the definition of “authorised insurer”, in paragraph (b), for “12(1)” substitute “ 12 ”.
Section 35A of the Building Act 1984 (c. 55) (time limit for prosecution for contravention of certain building regulations) is amended as follows.
In the heading omit “certain”.
In subsection (1) for “a relevant offence” substitute “ an offence under section 35 above ”.
Omit subsections (2), (3) and (6).
Subsections (1) to (4) above do not apply to offences committed before the coming into force of this section.
In section 5(1) of the Mobile Homes Act 1983 (c. 34) (interpretation), in the definition of “protected site”, omit the words from “does not include” to “that,”.
In section 62(1) of the Commonhold and Leasehold Reform Act 2002 (c. 15) (financial assistance for general advice about an aspect of the law of commonhold land so far as relating to residential matters)—
after “person of” insert “ information, training or ”,
for “about an” substituteabout, or a dispute resolution service in connection with— , and
after “matters” insert, or .
In the heading of section 62 of that Act after “advice” insert “ etc. ”.
The power of the Secretary of State, the Treasury or the Welsh Ministers to make orders or regulations under this Act—
is exercisable by statutory instrument,
may be exercised so as to make provision generally or subject to exceptions or only in relation to specified cases or circumstances or descriptions of case,
may be exercised so as to make different provision for different cases or descriptions of case, different circumstances, different purposes or different areas, and
includes power to make supplementary, incidental, consequential, transitional, transitory or saving provision.
Subsection (1) does not apply to orders under—
paragraph 3 of Schedule 3, or
Schedule 4.
An instrument containing— may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
an order under section 13, 114 , 122 or 229,
an order of the Secretary of State under section 321,
an order of the Secretary of State under paragraph 19(4), 21(2) or (4) or 24 of Schedule 11,
regulations under section 70 , 72 or 126A, or
regulations of the Secretary of State under section 280(3) or 291,
Subsection (3) does not apply to an instrument containing an order under section 321 if the order does not amend or repeal a provision of a public general Act.
If a draft of an instrument containing an order under section 13 would, apart from this subsection, be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument.
An instrument containing an order under section 23 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the House of Commons.
An instrument containing— is subject to annulment in pursuance of a resolution of either House of Parliament.
an order under section 36 or Part 2 (excluding sections 114 and 122),
an order of the Secretary of State under section 321 to which subsection (3) above does not apply,
an order or regulations of the Secretary of State under section 184,
an order of the Secretary of State under paragraph 16(7), 18(4), 22(2) or 23(2) of Schedule 11,
regulations under Part 2 (excluding sections 70 and 72),
regulations of the Secretary of State under Chapter 1 of Part 3 (including Schedule 10 but excluding sections 280(3) and 291),
regulations under section 53A(2)
regulations of the Secretary of State under section 298, or
regulations under Part 3 of Schedule 3,
An instrument containing— may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
an order of the Welsh Ministers under section 321,
an order of the Welsh Ministers under paragraph 19(4), 21(2) or (4) or 24 of Schedule 11, or
regulations of the Welsh Ministers under section 280(3) or 291,
An instrument containing regulations under section 53B is subject to annulment in pursuance of a resolution of the House of Commons.
Subsection (8) does not apply to an instrument containing an order under section 321 if the order does not amend or repeal a provision of a public general Act.
An instrument containing— is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
an order of the Welsh Ministers under section 321 to which subsection (8) above does not apply,
an order of the Welsh Ministers under paragraph 16(7), 18(4), 22(2) or 23(2) of Schedule 11,
regulations of the Welsh Ministers under Chapter 1 of Part 3 (including Schedule 10 but excluding section 280(3) or 291), or
regulations of the Welsh Ministers under section 298,
Schedule 16 (which contains repeals and revocations including repeals of spent enactments) has effect.
The Secretary of State may by order make such supplementary, incidental or consequential provision as the Secretary of State considers appropriate for the general purposes, or any particular purpose, of this Act or in consequence of any provision made by or under this Act or for giving full effect to this Act or any such provision.
The power conferred by subsection (2) may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an enactment (including this Act and any Act passed in the same Session as this Act).
The power conferred by subsections (2) and (3) is also exercisable by the Welsh Ministers so far as it is exercisable in relation to matters with respect to which functions are exercisable by the Welsh Ministers.
The Secretary of State may by order make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act other than a Welsh provision.
The Welsh Ministers may by order make such transitional, transitory or saving provision as the Welsh Ministers consider appropriate in connection with the coming into force of any Welsh provision.
In this section “Welsh provision” means any provision of this Act so far as it is to be brought into force by an order of the Welsh Ministers.
There is to be paid out of money provided by Parliament—
any expenditure incurred by a Minister of the Crown by virtue of this Act, and
any increase attributable to this Act in the sums payable by virtue of any other Act out of money so provided.
There is to be paid into the Consolidated Fund any sums received by a Minister of the Crown by virtue of this Act (apart from any sums required to be paid into the National Loans Fund).
Subject as follows, Parts 1 to 3 (including Schedules 1 to 15) and Schedule 16 extend to England and Wales only.
Any amendment, repeal or revocation made by this Act, other than one falling within subsection (3), has the same extent as the provision to which it relates.
The following fall within this subsection—
the repeal in section 5 of the Mobile Homes Act 1983 (c. 34),
the repeals of sections 50 and 51 of the Housing Act 1988 (c. 50), and
the amendments of sections 52 to 54 and 59 of that Act.
Subject as follows, this Act comes into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes or different areas.
The following provisions— come into force at the end of the period of 2 months beginning with the day on which this Act is passed.
sections 294, 304 to 307, 310, 312, 313 and 319 and Schedule 13, and
section 321(1), and Schedule 16, so far as relating to the repeals in sections 125D(2), 128(2) and 136(2) of, and paragraph 13(5) of Schedule 5 to, the Housing Act 1985 (c. 68),
Subsection (4) applies to the following provisions—
Chapter 1 of Part 3 (including Schedule 10),
sections 295 to 298, 300 to 303, 308, 309, 315 and 318 and Schedule 12, and
section 321(1), and Schedule 16, so far as relating to repeals and revocations which are connected to the provisions mentioned in paragraph (b) above.
The provisions to which this subsection applies come into force—
in relation to England, on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes or different areas, and
in relation to Wales, on such day as the Welsh Ministers may by order appoint; and different days may be appointed for different purposes or different areas.
The Secretary of State must consult the Welsh Ministers before making an order under subsection (1) in relation to section 50(2) and Schedule 5 or section 299 and Schedule 11.
Subsection (1) does not apply to sections 320, 321(2) to (4), 322, 323 and 324, this section and section 326.
This Act may be cited as the Housing and Regeneration Act 2008.