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Part 2E+WRegulation of Social Housing

Modifications etc. (not altering text)

Chapter 3E+WRegistration

EligibilityE+W

112[F1Eligibility for voluntary registration]E+W

[F2(1)A body is eligible for registration if—

(a)it is an English body, and

(b)it satisfies the following conditions.]

(2)Condition 1 is that the body—

(a)is a provider of social housing in England, or

(b)intends to become a provider of social housing in England.

(3)Condition 2 is that the body satisfies any relevant criteria set by the regulator F3...—

(a)[F4as to] its financial situation,

(b)[F5as to] its constitution, F6...

(c)[F7as to] other arrangements for its management [F8, and

(d)to secure that the body would meet, on registration, standards set by the regulator under sections 193, 194, 194A and 194C.]

(4)Before setting criteria the regulator must consult—

F9(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10(za)the HCA,]

[F11(aa)the Greater London Authority,]

(b)one or more bodies appearing to it to represent the interests of [F12private registered providers],

[F13(ba)any body for the time being nominated under section 278A,]

and

(c)one or more [F14other] bodies appearing to it to represent the interests of tenants.

F15(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I1S. 112(1)(2) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

I2S. 112(3)(4) in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1) (with art. 3(3)(4))

I3S. 112(3)(4) in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

F17113[F16Section 112: exceptions]E+W

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

Textual Amendments

114Registration of local authoritiesE+W

F18(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The Secretary of State may by order require [F19or permit] the regulator to register—

(a)a specified local authority, or

(b)a specified class of local authority.

(3)Registration under subsection (2)—

(a)takes effect in accordance with any provision of the order about timing or other procedural or incidental matters, [F20and]

(b)does not require an application for registration, F21...

F22(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)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—

(a)provide for a provision of this Part or any other enactment not to apply in relation to registered local authorities;

(b)provide for a provision of this Part or any other enactment to apply with specified modifications in relation to registered local authorities;

(c)amend a provision of this Part or any other enactment.

(5)In this section—

F23(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)“registered local authorities” means authorities or persons who are registered, registrable or to be registered as a result of an order under subsection F24... (2) above.

(6)Before making an order under this section the Secretary of State shall consult—

(a)any authority or person likely to be affected by it, and

(b)such other persons as the Secretary of State thinks fit.

Textual Amendments

Commencement Information

I4S. 114 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I5S. 114 in force at 7.9.2009 for E. in so far as not already in force by S.I. 2009/2096, art. 2(1)

[F25114ALocal authorities: duty to notifyE+W

(1)A local authority F26... which is not subject to compulsory registration must notify the regulator as soon as it becomes subject to compulsory registration.

(2)For these purposes, an authority is subject to compulsory registration if—

(a)it is a provider of social housing, or

(b)it intends to become a provider of social housing.]

Textual Amendments

115Profit-making and non-profit organisationsE+W

(1)Each entry in the register shall designate the body registered as either—

(a)a non-profit organisation, or

(b)a profit-making organisation.

(2)A body is a non-profit organisation if it is a registered or non-registrable charity.

(3)A body is also a non-profit organisation if it satisfies the following conditions.

(4)Condition 1 is that the body—

(a)does not trade for profit, or

(b)is prohibited by its constitution from issuing capital with interest or dividend at a rate exceeding that prescribed under section 1(1)(b) of the Housing Associations Act 1985 (c. 69).

(5)Condition 2 is that a purpose of the body is the provision or management of housing.

(6)Condition 3 is that any other purposes of the body are connected with or incidental to the provision of housing.

(7)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.

(8)A body which is not a non-profit organisation under subsection (2) or (3) is a profit-making organisation.

(9)If the regulator thinks that what was a profit-making organisation has become a non-profit organisation [F27or vice versa], the regulator must change the registered designation accordingly [F28and notify the body it has done so.]

[F29(10)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).]

Textual Amendments

Commencement Information

I6S. 115 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)