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Housing and Regeneration Act 2008

Section 112 - Eligibility for registration

232.Subsection (1)of section 112 indicates that an English body is eligible for registration if it satisfies the conditions of this section, and does not fall within the exceptions specified in section 113. “English body” is defined in section 79.

233.This section removes the restrictions that applied under section 2 of the 1996 Act on the constitutional form and objectives of RSLs in England, but which continue to apply in respect of Welsh bodies.

234.Registration is not compulsory for persons that provide social housing as defined by section 68. However, grant funding might, for example, be conditional on being registered.

235.Subsection (2) requires that a body must be a provider of social housing in England, or intend to become one as a condition of registration.

236.Subsection (3) requires that the body must satisfy any relevant criteria that have been set by the regulator in respect of:

  • its financial situation

  • its constitution, and

  • other arrangements for its management.

237.Subsection (4) requires that before the regulator sets any criteria for eligibility for registration, the regulator must consult:

  • the HCA

  • one or more bodies representative of the interests of registered providers, and

  • one or more bodies representative of the interests of tenants.

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