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Part IU.K. [F1Social Rented Sector [F2regulated by the Welsh Ministers]]

Textual Amendments

F1Pt. I title substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(1), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F2Words in Pt. I title substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 2; S.I. 2011/2475, arts. 1(2), 2(u)

Modifications etc. (not altering text)

C1Part I (ss. 1-64) amended (1.10.1996) by S.I. 1996/2325, art.3

C2Pt. 1: The system of "registered social landlords" under this Part is replaced (8.9.2008 for specified purposes and 1.12.2008, 16.2.2009, 1.4.2009, 7.9.2009 and 1.4.2010 for further purposes) by Housing and Regeneration Act 2008 (c. 17), Pt. 2. This Part continues to apply in relation to Wales with certain provisions applied in relation to England and certain provisions preserved although they apply to England only, see s. 60 of the affecting Act; S.I. 2008/2358, art. 3; S.I. 2008/3068, art. 3 (with arts. 6-13); S.I. 2009/363, art. 2; S.I. 2009/803, art. 7; S.I. 2009/2096, art. 2(1); S.I. 2010/862, art. 2 (with Sch.)

Chapter VU.K. Miscellaneous and general provisions

Housing [F3ombudsman] E+W

Textual Amendments

51 Schemes for investigation of complaints.E+W

(1)The provisions of Schedule 2 have effect for the purpose of enabling tenants and other individuals to have complaints against social landlords investigated by a housing ombudsman in accordance with a scheme approved by the Secretary of State.

(2)For the purposes of that Schedule a “social landlord” means—

[F4(za)a local authority in England which is a registered provider of social housing,]

[F5(a)a [F6private registered provider] of social housing,]

(b)a transferee of housing pursuant to [F7—

(i)a large scale disposal, within the meaning of section 34 of the Housing Act 1985, for which consent was required under section 32 or 43 of that Act; or

(ii)a qualifying disposal that was made] under section 135 of the M1Leasehold Reform, Housing and Urban Development Act 1993;

(c)a body which has acquired dwellings under Part IV of the M2Housing Act 1988 (change of landlord: secure tenants); or

(d)any other body which was at any time registered with [F8the Regulator of Social Housing or] the [F9Housing Corporation, or with Housing for Wales,] and which owns or manages publicly-funded dwellings.

(3)In subsection (2)(d) a “publicly-funded dwelling” means a dwelling which was—

(a)provided by means of a grant under—

(b)acquired on a disposal by a public sector landlord.

[F14(3A)In subsection (3) “provides social housing” has the same meaning as in Part 1 of the Housing and Regeneration Act 2008.]

(4)The Secretary of State may by order add to or amend the descriptions of landlords who are to be treated as social landlords for the purposes of Schedule 2.

(5)Before making any such order the Secretary of State shall consult such persons as he considers appropriate.

(6)Any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F15(7)This section shall not apply in relation to social landlords in Wales (within the meaning given by [F16section 78 of the Public Services Ombudsman (Wales) Act 2019]).]

[F17(7)Section 52 shall apply to an order under subsection (4) (with any necessary modifications).]

Textual Amendments

F4S. 51(2)(za) inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 181(3), 240(2) (with s. 181(11)); S.I. 2013/722, art. 2(c)

F8Words in s. 51(2)(d) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 124(2)(b), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F9Words in s. 51(2)(d) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 90(b) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F12Words in s. 51(3)(a) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 34(2)(b); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F13Word in s. 51(3)(a) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 31; S.I. 2012/628, art. 6(j) (with arts. 9, 11, 14, 15, 17)

Modifications etc. (not altering text)

Commencement Information

I1S. 51 wholly in force 1.4.1997; s. 51 not in force at Royal Assent see s. 232(3); s.51 in force for certain purposes at 1.8.1996 by S.I. 1996/2048, art. 2; s. 51(1) in force so far as not already in force and 51(2)-(6) in force at 1.4.1997 by S.I. 1997/618, art. 2 (subject to the limitation in (2) of that art.)

Marginal Citations

[F1851ZAPower of housing ombudsman to issue guidance to scheme membersE+W

(1)This section applies where a scheme is approved by the Secretary of State under Schedule 2.

(2)The housing ombudsman may issue to the members of the scheme guidance as to good practice in the carrying on of housing activities covered by the scheme.

(3)Before issuing, revising or replacing guidance under this section, the housing ombudsman must consult—

(a)the Regulator of Social Housing,

(b)members of the scheme, and

(c)individuals who may make complaints under the scheme.

(4)If the housing ombudsman issues, revises or replaces guidance under this section, the housing ombudsman must publish the guidance, the revised guidance or (as the case may be) the replacement guidance.

(5)Subsection (7) applies if—

(a)an individual makes a complaint against a member of the scheme,

(b)the complaint is made under the scheme or the conditions in subsection (6) are met in relation to the complaint, and

(c)it appears to the housing ombudsman that the complaint relates to a matter to which guidance issued by the ombudsman under this section relates.

(6)The conditions referred to in subsection (5)(b) are that—

(a)the complaint is made to the member of the scheme,

(b)the complaint is one that the individual could subsequently make under the scheme, and

(c)the individual has notified the ombudsman about the complaint.

(7)The housing ombudsman may order the member of the scheme to—

(a)assess whether the member’s policies and practices in relation to the matter mentioned in subsection (5)(c) are consistent with the guidance issued by the ombudsman under this section in relation to that matter, and

(b)within a period specified in the order, submit to the ombudsman a written statement of the results of the assessment.

(8)If a member of the scheme fails to comply with an order under subsection (7) within the period specified in the order, the housing ombudsman may order the member to publish in such manner as the ombudsman sees fit a statement that the member has failed to comply with the order.

(9)If a member of the scheme fails to comply with an order under subsection (8), the housing ombudsman may—

(a)take such steps as the ombudsman considers appropriate to publish what the member ought to have published, and

(b)recover from the member the costs of doing so.

(10)In this section, “the housing ombudsman” means the housing ombudsman appointed in accordance with the scheme.]

Textual Amendments

F1951A Social Housing Ombudsman for WalesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1951BInvestigation of complaintsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1951CMeaning of “social landlord in Wales”E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Orders and determinationsE+W

52 General provisions as to orders.E+W

(1)The following provisions apply to any power of the [F20Welsh Ministers] under [F21section 2, [F227J,] 17, [F23 27A,] 39, [F24 50J,] 51 or 55 or Schedule 2] to make an order.

(2)An order may make different provision for different cases or descriptions of case.

This includes power to make different provision for different bodies or descriptions of body, different provision for different housing activities and different provision for different areas.

(3)An order may contain such supplementary, incidental, consequential or transitional provisions and savings as the [F20Welsh Ministers] [F25consider] appropriate.

Textual Amendments

F20Words in s. 52(1)(3) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.); S.I. 2010/862, art. 2 (with Sch.)

F21Words in s. 52(1) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 91 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F23Word in s. 52(1) inserted (6.4.2006 for E.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 41; S.I. 2006/1060, art. 2(1)(d) (with Sch.)

F25Word in s. 52(1)(3) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(e), 325(1); S.I. 2010/862, art. 2 (with Sch.); S.I. 2010/862, art. 2 (with Sch.)

53 General provisions as to determinations.E+W

(1)The following provisions apply to determinations of F26... the [F27Welsh Ministers] this Part.

(2)A determination may make different provision for different cases or descriptions of case.

This includes power to make—

(a)different provision for different registered social landlords or descriptions of registered social landlord, and

(b)different provision for different housing activities and different provision for different areas;

and for the purposes of paragraph (b) descriptions may be framed by reference to any matters whatever, including in particular, in the case of housing activities, the manner in which they are financed.

(3)In this Part a general determination means a determination which does not relate solely to a particular case.

(4)Before making a general determination, F28... the [F29Welsh Ministers] shall consult such bodies appearing to them to be representative of registered social landlords as they consider appropriate.

(5)After making a general determination, F30... the [F29Welsh Ministers] shall publish the determination in such manner as they consider appropriate for bringing the determination to the notice of the landlords concerned.

Textual Amendments

F27Words in s. 53(1) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F29Words in s. 53(4)(5) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.); S.I. 2010/862, art. 2 (with Sch.)

Modifications etc. (not altering text)

F3154 Determinations of the [Housing Corporation] requiring approval.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

Minor and consequential amendmentsU.K.

55 Minor and consequential amendments: Part I.U.K.

(1)The enactments mentioned in Schedule 3 have effect with the minor amendments specified there.

(2)The [F32Welsh Ministers] may by order make such amendments or repeals of any enactment as appear to [F33them] necessary or expedient in consequence of the provisions of this Part.

(3)Any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of [F34the National Assembly for Wales] .

Textual Amendments

F32Words in s. 55(2) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F33Word in s. 55(2) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(d), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F34Words in s. 55(3) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 63, 325(1); S.I. 2010/862, art. 2 (with Sch.)

Commencement Information

I2S. 55 wholly in force 1.4.1997; s. 55 not in force at Royal Assent see s. 232(3); s. 55(1) in force for certain purposes and s. 55(2)(3) wholly in force at 1.8.1996 by S.I. 1996/2048, artS. 2, 4; s. 55(1) in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 3 (subject to the transitional provisions and savings in Sch. para. 1) and in force at 1.4.1997 to the extent it is not already in force by S.I. 1997/618, art. 2 (subject to the limitation in (2) of that art.)

InterpretationE+W

F3656 Meaning of “[F35the Welsh Ministers]”.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F35Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

Modifications etc. (not altering text)

57 Definitions relating to [F37registered societies].E+W

(1)In this Part, in relation to [F38a registered society]—

(2)Any reference in this Part to a member of the committee of [F38a registered society] includes a co-opted member.

Textual Amendments

F37Words in s. 57 heading substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 60 (with Sch. 5)

F38Words in Act substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 56 (with Sch. 5)

F39Definition of “appropriate registrar” in s. 57(1) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 356(1)

58 Definitions relating to charities.E+W

[F40(1)In this Part—

(a)“trusts”, in relation to a charity, has the same meaning as in the Charities Act 2011 and “trustee” means a charitable trustee within the meaning of that Act, and

(b)“registered charity” means a charity which is registered in accordance with section 30 of that Act.]

[F41(1A)For the purposes of this Part a registered charity has received public assistance if at least one of the following conditions is satisfied—

(a)the charity has received financial assistance under section 24 of the Local Government Act 1988 (assistance for privately let housing accommodation);

(b)the charity has received financial assistance under section 19 of the Housing and Regeneration Act 2008 (financial assistance);

(c)the charity has had housing transferred to it pursuant to—

(i)a large scale disposal, within the meaning of section 34 of the Housing Act 1985, for which consent was required under section 32 or 43 of that Act, or

(ii)a qualifying disposal that was made under section 135 of the Leasehold Reform, Housing and Urban Development Act 1993;

(d)the charity has received a grant or loan under—

(i)section 18 (social housing grants),

(ii)section 22 (assistance from local authorities),

(iii)section 58 of the Housing Associations Act 1985 (grants or loans by local authorities),

(iv)section 50 of the Housing Act 1980, section 41 of the Housing Associations Act 1985 or any enactment replaced by that section (housing association grant),

(v)section 51 of the Housing Act 1988 or sections 54 or 55 of the Housing Associations Act 1985 (revenue deficit grant or hostel deficit grant),

(vi)section 79 of the Housing Associations Act 1985 (loans by Housing Corporation),

(vii)section 31 of the Housing Act 1974 (management grants), or

(viii)any enactment mentioned in paragraph 2 or 3 of Schedule 1 to the Housing Associations Act 1985 (pre-1974 grants and certain loans).]

(2)References in this Part to [F42a company] do not include a company which is a registered charity, except where otherwise provided.

Textual Amendments

F40Words in s. 58(1)(a) substituted (14.3.2012 immediately before the Charities Act 2011 (c. 25) comes into force) by The Charities (Pre-consolidation Amendments) Order 2011 (S.I. 2011/1396), art. 1, Sch. para. 45; s. 58(1) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 71 (with s. 20(2), Sch. 8)

59 Meaning of “officer” of registered social landlord.E+W

(1)References in this Part to an officer of a registered social landlord are—

(a)in the case of a registered charity which is not [F43a company] , to any trustee, secretary or treasurer of the charity;

(b)in the case of [F38a registered society], to any officer of the society as defined in [F44section 149 of the Co-operative and Community Benefit Societies Act 2014]; and

(c)in the case of [F45a company (including a company that is a registered charity)] , to any director or other officer of the company within the meaning of [F46the Companies Acts (see sections 250 and 1173(1) of the Companies Act 2006)] .

(2)Any such reference includes, in the case of [F38a registered society], a co-opted member of the committee of the society.

Textual Amendments

F38Words in Act substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 56 (with Sch. 5)

60 Meaning of “subsidiary”.E+W

(1)In this Part “subsidiary”, in relation to a registered social landlord, means a company with respect to which one of the following conditions is fulfilled—

(a)the landlord is a member of the company and controls the composition of the board of directors;

(b)the landlord holds more than half in nominal value of the company’s equity share capital; or

(c)the company is a subsidiary, within the meaning of [F47the Companies Acts (see section 1159 of the Companies Act 2006)] or [F48Part 7 of the Co-operative and Community Benefit Societies Act 2014], of another company which, by virtue of paragraph (a) or paragraph (b), is itself a subsidiary of the landlord.

(2)For the purposes of subsection (1)(a), the composition of a company’s board of directors shall be deemed to be controlled by a registered social landlord if, but only if, the landlord, by the exercise of some power exercisable by him without the consent or concurrence of any other person, can appoint or remove the holders of all or a majority of the directorships.

(3)In relation to a company which is [F38a registered society]—

(a)any reference in this section to the board of directors is a reference to the committee of management of the society; and

(b)the reference in subsection (2) to the holders of all or a majority of the directorships is a reference—

(i)to all or a majority of the members of the committee, or

(ii)if the landlord is himself a member of the committee, such number as together with him would constitute a majority.

(4)In the case of a registered social landlord which is a body of trustees, references in this section to the landlord are to the trustees acting as such.

Textual Amendments

F38Words in Act substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 56 (with Sch. 5)

61 Meaning of “associate”.E+W

(1)In this Part “associate”, in relation to a registered social landlord, means—

(a)any body of which the landlord is a subsidiary, and

(b)any other subsidiary of such a body.

(2)In this section “subsidiary” has the same meaning as in [F49the Companies Acts (see section 1159 of the Companies Act 2006)] or [F50Part 7 of the Co-operative and Community Benefit Societies Act 2014] or, in the case of a body which is itself a registered social landlord, has the meaning given by section 60.

Textual Amendments

62 Members of a person’s family: Part I.E+W

(1)A person is a member of another’s family within the meaning of this Part if—

(a)he is the spouse [F51 or civil partner] of that person, or he and that person live together [F52as if they were a married couple or] [F53civil partners], or

(b)he is that person’s parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece.

(2)For the purpose of subsection (1)(b)—

(a)a relationship by marriage [F54 or civil partnership] shall be treated as a relationship by blood,

(b)a relationship of the half-blood shall be treated as a relationship of the whole blood, and

(c)the stepchild of a person shall be treated as his child.

Textual Amendments

63 Minor definitions: Part I.E+W

(1)In this Part—

(2)References in this Part to the provision of a dwelling or house include the provision of a dwelling or house—

(a)by erecting the dwelling or house, or converting a building into dwellings or a house, or

(b)by altering, enlarging, repairing or improving an existing dwelling or house;

and references to a dwelling or house provided by means of a grant or other financial assistance are to its being so provided directly or indirectly.]

Textual Amendments

F55Words in s. 63(1) inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 87, 90(2); S.I. 2011/2475, arts. 1(2), 2(s)

Marginal Citations

64 Index of defined expressions: Part I.E+W

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section)—

[F59action section 63]
appointed person (in relation to inquiry into affairs of registered social landlord)paragraph 20 of Schedule 1
F60. . .F60. . .
associate (in relation to a registered social landlord)section 61(1)
assured tenancysection 230
assured agricultural occupancysection 230
assured shorthold tenancysection 230
F61. . .F61. . .
committee member (in relation to [F38a registered society] )section 57(2)
[F62company section 63 (and see section 58(2))]
F63. . .F63. . .
co-operative housing associationsection 63
co-opted member (of committee of [F64registered society])section 57(1)
F65. . .F65. . .
disposal proceeds fundsection 24
dwellingsection 63
enactmentsection 230
fully mutual housing associationsection 63
hostelsection 63
housesection 63
housing accommodationsection 63
housing activitiessection 63
housing associationsection 230
F66. . .section 2(1)(b)
informationsection 63
leasesection 229
local authoritysection 63
[F59local housing authority section 230]
long tenancysection 63
member of familysection 62
[F59misconduct section 63]
modificationssection 63
noticesection 63
officer of registered social landlordsection 59
provision (in relation to dwelling or house)section 63(2)
public sector landlordsection 63
[F59received public assistance section 58(1A)]
register, registered and registration (in relation to social landlords)section 1
registered charitysection 58(1)(b)
[F67registered society section 1A.]
registrar of companiessection 63
F68. . .F68. . .
relevant disposal which is not an exempted disposal (in sections 11 to 14)section 15
[F59representations section 63]
secure tenancysection 230
social housing grantsection 18(1)
statutory tenancysection 63
subsidiary (in relation to a registered social landlord)section 60(1)
trustee and trusts (in relation to a charity)section 58(1)(a)

Textual Amendments

F38Words in Act substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 56 (with Sch. 5)

F60S. 64: Entry relating to “appropriate registrar” in the Table repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 356(2)

F61Words in s. 64 omitted (14.3.2012 immediately before the Charities Act 2011 (c. 25) comes into force) by virtue of The Charities (Pre-consolidation Amendments) Order 2011 (S.I. 2011/1396), art. 1, Sch. para. 45