Procedure
116Entry
(1)The regulator shall register anyone who—
(a)is eligible for registration, and
(b)applies to be registered.
(2)The regulator may make provision about—
(a)the form of an application;
(b)the information to be contained in it or provided with it;
(c)the manner in which an application is to submitted;
(d)the consequences of failure to comply with provision under paragraphs (a) to (c).
(3)This section is subject to section 117 (fees).
(4)Once entered a body remains registered unless and until removed under section 118 or 119.
(5)It shall be presumed for all purposes that a person entered in the register is eligible for registration while the registration lasts (irrespective of whether and why the person is later removed from the register).
117Fees
(1)The regulator may make initial registration conditional upon payment of a fee.
(2)The regulator may make continued registration conditional upon payment of an annual fee.
(3)The regulator shall—
(a)prescribe the amount of a fee, and
(b)make provision about the periods during which and in respect of which annual fees are payable.
(4)The regulator may set different fees, and make different provision, for different cases or circumstances.
(5)Fees must be set in accordance with principles which the regulator prepares and publishes and which are designed to ensure that so far as is reasonably practicable—
(a)fee income matches expenditure on the performance of 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.
(6)The principles—
(a)shall provide for section 95(3) to be disregarded for the purpose of subsection (5)(a), and
(b)may provide for specified expenditure or potential expenditure under section 95 or otherwise to be disregarded for the purpose of subsection (5)(a).
(7)Principles do not have effect until approved by the Secretary of State.
(8)In preparing (or revising) the principles the regulator shall consult persons appearing to the regulator to represent the interests of fee-payers.
(9)The regulator’s accounts shall show—
(a)fees received, and
(b)fees outstanding.
118De-registration: compulsory
(1)The regulator may remove from the register a body which the regulator thinks—
(a)is no longer eligible for registration,
(b)has ceased to carry out activities, or
(c)has ceased to exist.
(2)Before removing a body under subsection (1)(a) or (b) the regulator must—
(a)take all reasonable steps to give the body at least 14 days' notice, and
(b)consider any representations it makes in that period.
(3)After removing a body under subsection (1)(a) or (b) the regulator must take all reasonable steps to notify the body.
119De-registration: voluntary
(1)A registered provider may ask the regulator to remove it from the register.
(2)The regulator may comply with a request—
(a)on the grounds that the registered provider no longer is or intends to be a provider of social housing in England,
(b)on the grounds that the registered provider is subject to regulation by another authority whose control is likely to be sufficient, or
(c)on the grounds that the registered provider meets any relevant criteria for de-registration set by the regulator.
(3)Before deciding whether or not to comply, the regulator must consult such local authorities in whose area the registered provider acts as it thinks appropriate.
(4)The regulator shall not comply with a request by a non-profit registered provider if it thinks that removal is sought with a view to enabling the registered provider to distribute assets to members.
(5)In deciding whether or not to comply, the regulator must (in particular) have regard to—
(a)any conditions imposed in connection with disposal consents given to the registered provider under Chapter 5, and
(b)any conditions imposed in connection with financial assistance given to the registered provider under any enactment.
(6)Having decided whether or not to remove the registered provider the regulator must notify—
(a)the provider, and
(b)any authority consulted.
(7)The regulator shall publish criteria set for the purposes of subsection (2)(c).
120Notice
(1)As soon as is reasonably practicable after registering or de-registering a body the regulator shall notify—
(a)in the case of a registered charity, the Charity Commission,
(b)in the case of an industrial and provident society, the Financial Services Authority, and
(c)in the case of a registered company (whether or not also a registered charity), the registrar of companies for England and Wales.
(2)A notice of registration shall specify whether the person registered is designated as a non-profit or profit-making organisation.
(3)If the designation changes, the regulator shall notify any person notified of the registration.
(4)A person to whom notice is given under this section must keep a record of it.
121Appeal
(1)A body may appeal to the High Court against a decision of the regulator—
(a)to refuse to register it,
(b)to de-register it, or
(c)to refuse to de-register it.
(2)The regulator shall not de-register a body while an appeal is pending.
(3)The Secretary of State may by order provide for the First-tier Tribunal to have jurisdiction under this section instead of the High Court.