Housing and Regeneration Act 2008

Proceedings

86 Fundamental objectives

(1) The regulator shall perform its functions with a view to achieving the following objectives so far as possible.

(2) Objective 1 is to encourage and support a supply of well-managed social housing, of appropriate quality, sufficient to meet reasonable demands.

(3) Objective 2 is to ensure that actual or potential tenants of social housing have an appropriate degree of—

(a) choice, and

(b) protection.

(4) Objective 3 is to ensure that tenants of social housing have the opportunity to be involved in its management.

(5) Objective 4 is to ensure that registered providers of social housing perform their functions efficiently, effectively and economically.

(6) Objective 5 is to ensure that registered providers of social housing are financially viable and properly managed.

(7) 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.

(8) Objective 7 is to encourage investment in social housing (including by promoting the availability of financial services to registered providers of social housing).

(9) Objective 8 is to avoid the imposition of an unreasonable burden (directly or indirectly) on public funds.

(10) Objective 9 is to guard against the misuse of public funds.

(11) Objective 10 is to regulate in a manner which—

(a) minimises interference, and

(b) is proportionate, consistent, transparent and accountable.

(12) 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).

(13) The order in which the objectives are listed in this section is not significant; the regulator shall balance them as it thinks appropriate.

(14) The objectives are referred to in this Part as the regulator’s fundamental objectives.

87 Procedure

(1) The regulator may determine its own procedure (which may include provision about a quorum).

(2) The regulator shall make such arrangements as it thinks appropriate for publishing its procedure.

88 Conflict of interest

(1) The regulator’s procedural arrangements under section 87 must include arrangements for dealing with any conflict of interest of—

(a) members,

(b) employees, or

(c) members of committees and sub-committees.

(2) The arrangements must oblige a person—

(a) to declare any financial or other personal interest relevant to the exercise of a function, and

(b) 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.

89 Committees

(1) The regulator may establish committees and sub-committees.

(2) A committee or sub-committee may include non-members (provided that it includes at least one member).

90 Delegation

The regulator may authorise any of the following to exercise a function—

(a) a committee,

(b) a sub-committee,

(c) a member, and

(d) an employee.

91 Seal

(1) 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.

(2) A document purporting to be duly executed under the seal—

(a) shall be received in evidence, and

(b) shall be treated as so executed unless the contrary is shown.

92 Annual report

(1) As soon as is reasonably practicable after the end of each financial year the regulator shall—

(a) prepare a report on the performance of its functions during the year, and

(b) send a copy to the Secretary of State.

(2) The report must, in particular—

(a) include a statement of the regulator’s accounts,

(b) specify any direction given to the regulator by the Secretary of State in that year under section 197, and

(c) 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.

(3) The Secretary of State shall lay a copy before Parliament.