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.)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Words 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.)
F4S. 56 repealed (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(8), 325(1), Sch. 16; S.I. 2010/862, arts. 2, 3 (with Sch.)
Modifications etc. (not altering text)
C3S. 56 modified (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 5 (with art. 6, Sch. para. 5(9))
(1)In this Part, in relation to an industrial and provident society—
F5. . .
“committee” means the committee of management or other directing body of the society; and
“co-opted member”, in relation to the committee, includes any person co-opted to serve on the committee, whether he is a member of the society or not.
(2)Any reference in this Part to a member of the committee of an industrial and provident society includes a co-opted member.
Textual Amendments
F5Definition of “appropriate registrar” in s. 57(1) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 356(1)
[F6(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.]
[F7(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 [F8a company] do not include a company which is a registered charity, except where otherwise provided.
Textual Amendments
F6Words 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)
F7S. 58(1A) inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 86, 90(2); S.I. 2011/2475, arts. 1(2), 2(s)
F8Words in s. 58(2) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(2)(c) (with art. 10)
(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 [F9a company] , to any trustee, secretary or treasurer of the charity;
(b)in the case of an industrial and provident society, to any officer of the society as defined in section 74 of the M1Industrial and Provident Societies Act 1965; and
(c)in the case of [F10a company (including a company that is a registered charity)] , to any director or other officer of the company within the meaning of [F11the Companies Acts (see sections 250 and 1173(1) of the Companies Act 2006)] .
(2)Any such reference includes, in the case of an industrial and provident society, a co-opted member of the committee of the society.
Textual Amendments
F9Words in s. 59(1)(a) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(2)(d) (with art. 10)
F10Words in s. 59(1)(c) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(6)(a) (with art. 10)
F11Words in s. 59(1)(c) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(6)(b) (with art. 10)
Marginal Citations
(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 [F12the Companies Acts (see section 1159 of the Companies Act 2006)] or the M2Friendly and Industrial and Provident Societies Act 1968, 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 an industrial and provident 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
F12Words in s. 60(1)(c) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(7) (with art. 10)
Marginal Citations
(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 [F13the Companies Acts (see section 1159 of the Companies Act 2006)] or the M3Friendly and Industrial and Provident Societies Act 1968 or, in the case of a body which is itself a registered social landlord, has the meaning given by section 60.
Textual Amendments
F13Words in s. 61(2) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(7) (with art. 10)
Marginal Citations
(1)A person is a member of another’s family within the meaning of this Part if—
(a)he is the spouse [F14 or civil partner ] of that person, or he and that person live together as husband and wife [F15or as if they were civil 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 [F16 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
F14Words in s. 62(1)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 51(2)(a); S.I. 2005/3175, art. 2(1), Sch. 1
F15Words in s. 62(1)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 51(2)(b); S.I. 2005/3175, art. 2(1), Sch. 1
F16Words in s. 62(2)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 51(3); S.I. 2005/3175, art. 2(1), Sch. 1
(1)In this Part—
[F17“action” includes inaction, proposed action and decision;]
[F18“company” means a company registered under the Companies Act 2006;]
“dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;
“fully mutual”, in relation to a housing association, and “co-operative housing association” have the same meaning as in the M4Housing Associations Act 1985 (see section 1(2) of that Act);
“hostel” means a building in which is provided for persons generally or for a class or classes of persons—
residential accommodation otherwise than in separate and self-contained premises, and
either board or facilities for the preparation of food adequate to the needs of those persons, or both;
“house” includes—
any part of a building occupied or intended to be occupied as a separate dwelling, and
any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;
“housing accommodation” includes flats, lodging-houses and hostels;
“housing activities” means, in relation to a registered social landlord, all its activities in pursuance of the purposes, objects and powers mentioned in or specified under section 2;
“information” includes accounts, estimates and returns;
“local authority” has the same meaning as in the M5Housing Associations Act 1985;
“long tenancy” has the same meaning as in Part V of the M6Housing Act 1985;
[F17“misconduct” includes any failure to comply with the requirements of this Part of this Act;]
“modifications” includes additions, alterations and omissions and cognate expressions shall be construed accordingly;
“notice” means notice in writing;
“public sector landlord” means any of the authorities or bodies within section 80(1) of the Housing Act 1985 (the landlord condition for secure tenancies);
“registrar of companies” has the same meaning as in [F19the Companies Acts (see section 1060 of the Companies Act 2006)] ;
[F17“representations” means representations in writing;]
“statutory tenancy” has the same meaning as in the Housing Act 1985.
(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
F17Words 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)
F18Words in s. 63(1) inserted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(8)(a) (with art. 10)
F19Words in s. 63(1) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(8)(b) (with art. 10)
Marginal Citations
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)—
| [F20action | section 63] |
| appointed person (in relation to inquiry into affairs of registered social landlord) | paragraph 20 of Schedule 1 |
| F21. . . | F21. . . |
| associate (in relation to a registered social landlord) | section 61(1) |
| assured tenancy | section 230 |
| assured agricultural occupancy | section 230 |
| assured shorthold tenancy | section 230 |
| F22. . . | F22. . . |
| committee member (in relation to an industrial and provident society) | section 57(2) |
| [F23company | section 63 (and see section 58(2))] |
| F24. . . | F24. . . |
| co-operative housing association | section 63 |
| co-opted member (of committee of industrial and provident society) | section 57(1) |
| F25. . . | F25. . . |
| disposal proceeds fund | section 24 |
| dwelling | section 63 |
| enactment | section 230 |
| fully mutual housing association | section 63 |
| hostel | section 63 |
| house | section 63 |
| housing accommodation | section 63 |
| housing activities | section 63 |
| housing association | section 230 |
| industrial and provident society | section 2(1)(b) |
| information | section 63 |
| lease | section 229 |
| local authority | section 63 |
| [F20local housing authority | section 230] |
| long tenancy | section 63 |
| member of family | section 62 |
| [F20misconduct | section 63] |
| modifications | section 63 |
| notice | section 63 |
| officer of registered social landlord | section 59 |
| provision (in relation to dwelling or house) | section 63(2) |
| public sector landlord | section 63 |
| [F20received public assistance | section 58(1A)] |
| register, registered and registration (in relation to social landlords) | section 1 |
| registered charity | section 58(1)(b) |
| registrar of companies | section 63 |
| F26. . . | F26. . . |
| relevant disposal which is not an exempted disposal (in sections 11 to 14) | section 15 |
| [F20representations | section 63] |
| secure tenancy | section 230 |
| social housing grant | section 18(1) |
| statutory tenancy | section 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
F20Words in s. 64 inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 12; S.I. 2011/2475, arts. 1(2), 2(v)
F21S. 64: Entry relating to “appropriate registrar” in the Table repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 356(2)
F22Words 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
F23Words in s. 64 inserted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(9)(a) (with art. 10)
F24S. 64 entry omitted (1.10.2009) by virtue of The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(9)(b) (with art. 10)
F25Entry in s. 64 repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 95(a), Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5.
F26S. 64: entry repealed (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 95, Sch. 4 (with art. 6, Sch. 3)