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Housing and Regeneration Act 2008

Procedure
Section 116 - Entry

253.Subsection (1) of this section provides that the regulator shall register any person who is eligible for registration as defined in section 112 and who applies to the regulator to be registered.

254.Subsection (2) gives the regulator the power to specify how an application should be made, including the form it should take, what information it should contain, and how it should be submitted. The regulator can also specify what will happen if an applicant for registration fails to comply with the regulator’s requirements under this subsection.

255.Subsection (3) specifies that this section is subject to section 117 (fees).

256.Subsection (4) provides that once a body has been registered, it will remain registered unless and until it is removed under the provisions of section 118 or 119.

257.Subsection (5) specifies that a person entered in the register is to be presumed for all purposes to be eligible for registration while they remain on the register, regardless of whether or not they are later removed from the register, and the reason for that removal.

Section 117 - Fees

258.The regulator may make the initial registration under section 116 conditional on payment of a fee, and may make continued registration conditional upon payment of an annual fee.

259.Subsection (3) gives the regulator the power to set the amount of the fee to be charged under this section, and to make provisions for the arrangements for annual fees, both when they are paid, and in respect of which period.

260.Subsection (4) gives the regulator the power to set fees on a differential basis according to different cases or circumstances. For example, the regulator may, if it chooses, set a variable fee scale according to the number of homes owned, or relate it to the amount of income a provider receives in an annual period.

261.Subsection (5) provides that fees will be set in accordance with principles which aim to ensure that so far as is reasonably practicable:

a)

aggregate fee income the regulator receives matches the amount of expenditure it incurs in performing its functions,

b)

each fee is reasonable and proportionate to the costs to which it relates, and

c)

actual or potential registered providers can see the relationship between the amount of a fee and the costs to which it relates.

262.Subsection (6) specifies that the principles under subsection (5) for setting fees:

a)

shall provide for section 95(3) (the regulator’s power to give financial assistance to a registered provider by lending money or giving a guarantee or indemnity with the consent of the Secretary of State) to be disregarded for the purpose of subsection (5)(a),

b)

may provide for specified or potential expenditure under the remainder of section 95 (financial assistance) to be disregarded.

263.Subsection (7)specifies that the principles do not have effect until they are approved by the Secretary of State.

264.Subsection (8) requires that in preparing or revising principles, the regulator shall consult persons appearing to it to represent the interest of fee payers.

265.Subsection (9) specifies that the regulator’s accounts shall show both fees received and fees outstanding.

Section 118 - De-registration: compulsory

266.Subsection (1) gives the regulator the power to remove a body from the register, if it thinks that the body-

  • is no longer eligible (as provided for in sections 112 and 113)

  • has ceased to carry out activities, or

  • has ceased to exist.

267.Subsection (2) requires the regulator in the cases of subsection (1)(a) or (b) to take all reasonable steps to give the body it proposes to de-register 14 days’ notice of its action, and to consider any representations that the body may make during that period.

268.Subsection (3) requires the regulator to take all reasonable steps to inform a body that it has been deregistered on the grounds that it is no longer eligible for registration or has ceased to carry out activities. This will ensure that the body knows it no longer has to comply with regulation, though will still be required by section 172 to seek disposal consent (see section 186).

Section 119 - De-registration:  voluntary

269.Subsection (1) allows registered providers to ask the regulator to remove them from the register.

270.Subsection (2) gives the regulator the power to comply with a request under subsection (1) where one or more of the specified conditions applies as follows:

  • the registered provider no longer is, or does not intend to continue to be, a provider of social housing in England

  • the registered provider is subject to regulation by another authority whose control the regulator believes to be sufficient, or

  • in accordance with such other criteria as the regulator has published in respect of de-registration, in accordance with subsection (7).

271.Subsection (3) requires the regulator to consult relevant local authorities (as defined in the Housing Associations Act 1985) in whose area the registered provider carries out its activities as it considers appropriate, before deciding whether or not to comply with a request under subsection (1).

272.Subsection (4) provides that the regulator may not consent to a de-registration application from a non-profit registered provider if it considers it is sought with a view to enabling the body to distribute assets to its members.

273.Subsection (5) requires the regulator, when considering whether to grant a request to de-register by a registered provider (profit-making or non-profit), to have particular regard to any conditions the regulator has placed on disposals of land (for example relating to the use of disposal proceeds) and any conditions of grant.

274.Subsection (6) provides that the regulator must notify the registered provider, and any local authority consulted, of its decision.

275.Subsection (7) provides that the regulator must publish criteria on the additional grounds that a registered provider may de-register.

Section 120 - Notice

276.This section requires the regulator to take certain actions as soon as reasonably possible after it has registered or deregistered a body. These actions are to notify other registrars who have related duties or powers depending on the constitutional form of the body that the regulator has registered or de-registered. Therefore, the regulator notifies:

  • the Charity Commission, if the registered provider is a registered charity,

  • the Financial Services Authority, if the registered provider is an industrial and provident society,

  • the registrar of companies for England and Wales, if the registered provider is a registered company.

277.Subsection (2) provides that in notifying these bodies, the regulator will advise whether the body has been registered with a profit-making or non-profit designation under section 115(1).

278.Subsection (3) provides that if the regulator changes the designation under section 115(9), the regulator will also advise the relevant bodies.

279.Subsection (4) provides that a person to whom notice is given by the regulator under this section must keep a record of that notice.

Section 121 - Appeal

280.Subsection (1) gives a body the right of appeal to the High Court against a decision of the regulator:

  • to refuse to register that body

  • to deregister that body

  • to refuse to deregister that body.

281.Subsection (2) prohibits the regulator from de-registering a body while an appeal to the High Court is pending.

282.Subsection (3) permits the Secretary of State to provide by order for any appeals to be heard by the First-tier tribunal instead of the High Court. This covers appeals against a decision by the regulator to refuse to register a body, to de-register a body, or to refuse to de-register a body.

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