The Social Housing (Regulation) Act 2023 (Consequential and Miscellaneous Amendments) Regulations 2024

Regulation 2(a)

SCHEDULE 1 Consequential amendments

PART 1 Housing and Regeneration Act 2008

1.—(1) The Housing and Regeneration Act 2008 is amended as follows.

(2) In section 59 (purpose), after “section 79)” insert “and local authorities (as defined in section 275)”.

(3) In section 100G (direction to the HCA)(1), for subsection (2)(b) (but not the “or” following it), substitute—

“(b) an event mentioned in section 145(2) has occurred in relation to the registered provider,”.

(4) In section 147 (further moratorium)(2)—

(a) in subsection (1)(b), for “notice mentioned in section 145 is given” substitute “event mentioned in section 145(2) occurs”;

(b) in subsection (2), for “notice” substitute “event mentioned in section 145(2)”.

(5) In section 220 (grounds for giving notice)(3), in subsection (9), for the words from “pay” to the end substitute “pay an annual fee under section 117(1)(b).”.

(6) In section 225 (sanction), in subsection (2)(a), for “the next group of sections,” substitute “sections 226 to 235,”.

(7) In section 237 (grounds for award), in subsection (1)(a), for “either” substitute “any”.

(8) In the italic cross-heading before section 256(4), omit “non-profit”.

(9) In section 276 (index of defined terms)—

(a) after the entry for “Dwelling” insert—

“Emergency remedial action

section 225B”;

(b) after the entry for “Enforcement notice” insert—

“English body

section 79”;

(c) after the entry for “The HCA” insert—

“Housing ombudsman

section 275”.

PART 2 Other Acts

Greater London Authority Act 1999

2.  For section 333ZG of the Greater London Authority Act 1999 (relationship with the Regulator of Social Housing: directions)(5), for subsection (2)(b) (but not the “or” following it), substitute—

“(b) an event mentioned in section 145(2) of that Act has occurred in relation to the registered provider of social housing,”.

Charities Act 2011

3.  In Schedule 3 to the Charities Act 2011 (exempt charities)(6), in paragraph 26, for “non-profit” substitute “private”.

Housing and Planning Act 2016

4.—(1) The Housing and Planning Act 2016 is amended as follows.

(2) In section 95 (housing administration orders), omit subsection (3).

(3) In section 99(4) (definition of “administrative receiver”)—

(a) for the words from “means” to “within” substitute “has”;

(b) omit the “or” following paragraph (a);

(c) omit paragraph (b).

(4) In section 100 (powers of court), omit subsection (8).

(5) In section 116 (interpretation of Chapter), omit the definitions of—

(a) “foreign company”, and

(b) “UK affairs, business and property”.

(6) In Schedule 5 (conduct of housing administration: companies), omit Part 2 (further modification of Schedule B1 to Insolvency Act 1986: foreign companies).

PART 3 Statutory Instruments

Social Housing Rents (Exceptions and Miscellaneous Provisions) Regulations 2016

5.  In regulation 2 (interpretation) of the Social Housing Rents (Exceptions and Miscellaneous Provisions) Regulations 2016(7), for the definition of “community land trust” substitute—

““community land trust” has the same meaning as in section 2(7A) of the Leasehold Reform (Ground Rent) Act 2022(8);”.

(1)

Section 100G was inserted by S.I. 2018/1040.

(2)

Section 147(1)(b) and (2) were amended by paragraph 5 of Schedule 6 to the Housing and Planning Act 2016 (c. 22).

(3)

Subsection (9) was substituted by S.I. 2010/844.

(4)

The cross-heading was amended by S.I. 2010/844.

(5)

1999 c. 29; section 333ZG was inserted by section 187(3) of the Localism Act 2011 (c. 20).

(6)

2011 c. 25.

(7)

S.I. 2016/390.

(8)

2022 c. 1; section 2(7A) was inserted by the Social Housing (Regulation) Act 2023.