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).
(1)This Part replaces the system of “registered social landlords” under Part 1 of the Housing Act 1996 (c. 52).
(2)That Part will continue to apply in relation to Wales (see section 61).
(3)Certain provisions of that Part—
(a)are applied in relation to England by this Part (see section 179), or
(b)are preserved although they apply to England only (see section 124).
(4)The Table describes the content of this Part.
| Chapter | Sections | Topic | Contents |
|---|---|---|---|
| 1 | 59 to 80 | Introduction | (a) Preliminary (b) Social housing (c) Other key concepts |
| 2 | 81 to 109 | The Social Housing Regulator | (a) Constitution (b) Proceedings (c) Powers (d) Money (e) Relationship with other bodies (f) Information |
| 3 | 110 to 121 | Registration | (a) Introduction (b) Eligibility (c) Procedure |
| 4 | 122 to 169 | Registered providers | (a) General provisions (b) Accounts (c) Insolvency etc. (d) Restructuring and dissolution |
| 5 | 170 to 191 | Disposal of property | (a) Introductory (b) Regulator’s consent (c) Proceeds (d) Tenants' rights and duties (e) Miscellaneous (f) Right to acquire (g) Consents under other legislation |
| 6 | 192 to 217 | Regulatory powers | (a) Standards (b) Monitoring (c) Management and constitution (d) Guidance (e) Managers of social housing |
| 7 | 218 to 269 | Enforcement powers | (a) General (b) Enforcement notice (c) Penalty (d) Compensation (e) Management (f) Restrictions on dealings (g) Suspension and removal of officers |
| 8 | 270 to 278 | General | (a) Interpretation (b) Miscellaneous |
(1)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”).
(2)Before section 1 (register of social landlords) insert—
This Chapter provides for the registration of social landlords in Wales.”
(3)In section 1—
(a)for “The Relevant Authority” substitute “The Welsh Ministers”, and
(b)omit subsections (1A) and (1B).
(4)After section 1 insert—
In this Chapter “Welsh body” means a body which is—
(a)a registered charity whose address, for the purposes of registration by the Charity Commission for England and Wales, is in Wales,
(b)an industrial and provident society whose registered office for the purposes of the Industrial and Provident Societies Act 1965 is in Wales, or
(c)a company within the meaning of the Companies Act 2006 which has its registered office for the purposes of that Act in Wales.”
(5)In section 2 (eligibility for registration)—
(a)in subsection (1), for “A body” substitute “A Welsh body”,
(b)in subsection (2) after “that the body is” insert “principally concerned with Welsh housing, is”,
(c)after subsection (2) insert—
“(2A)A body is principally concerned with Welsh housing if the Welsh Ministers think—
(a)that it owns housing only or mainly in Wales, or
(b)that its activities are principally undertaken in respect of Wales;
and once a body has been registered in reliance on paragraph (a) or (b) it does not cease to be eligible for registration by virtue only of ceasing to satisfy that paragraph.”,
(d)in subsection (7) for “Secretary of State” (in each place) substitute “Welsh Ministers”, and
(e)in subsection (8) for “either House of Parliament” substitute “the National Assembly for Wales”.
(6)In section 3 (registration)—
(a)in subsection (1) for “any body” substitute “any Welsh body”, and
(b)in subsection (4) for “A body” substitute “A Welsh body”.
(7)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” |
(8)Omit section 56 (meaning of “the Relevant Authority”).
(9)Sections 62 and 63 make other consequential amendments.
In the following provisions of the Housing Act 1996 (c. 52)—
(a)for “Secretary of State” substitute “Welsh Ministers”,
(b)for “Secretary of State makes” substitute “Welsh Ministers make”,
(c)for “he” substitute “they”,
(d)for “him” substitute “them” (except in section 12A(4)), and
(e)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 17(1), (2)(b), (5)(b) and (6) | Right to acquire: orders and regulations |
| 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 industrial and provident 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 17(7) | Right to acquire: orders and regulations |
| 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 |
(1)The Secretary of State shall by order make provision for the dissolution of the Housing Corporation.
(2)The Secretary of State may by order make consequential amendment of enactments referring to the Housing Corporation.
(3)Omit section 33A of the Housing Associations Act 1985 (c. 69) (provision of services between the Corporations).
(1)The Secretary of State may make one or more schemes for the transfer of the Housing Corporation’s property, rights or liabilities to—
(a)the regulator,
(b)the HCA, or
(c)the Secretary of State.
(2)On the transfer date, the designated property, rights or liabilities are transferred and vest in accordance with the scheme.
(3)Schedule 6 applies to a scheme under this section.
(4)In this section—
“designated”, in relation to a scheme, means specified in or determined in accordance with the scheme;
“the transfer date” means the date specified by a scheme as the date on which the scheme is to have effect.
(5)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—
(a)the regulator, or
(b)the HCA.
(1)The Secretary of State may by order transfer functions of the Housing Corporation to—
(a)the regulator,
(b)the HCA, or
(c)the regulator and the HCA jointly or concurrently.
(2)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.
(3)“English registered social landlord” means a body—
(a)which is registered as a social landlord under Part 1 of the Housing Act 1996, and
(b)which does not fall within paragraphs (a) to (c) of section 56(2) of that Act (Welsh bodies).
(4)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).
(5)Provision made under this section, including provision made by virtue of section 320(1)(d), may modify an enactment.
(6)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.