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Housing and Planning Act 2016

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Housing and Planning Act 2016, SCHEDULE 4 is up to date with all changes known to be in force on or before 26 September 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Section 92

SCHEDULE 4E+WReducing social housing regulation

This schedule has no associated Explanatory Notes

PART 1 E+WRemoval of disposal consent requirements

Housing Act 1985 (c. 68)E+W

1(1)Section 171D of the Housing Act 1985 (consent to certain disposals of housing obtained subject to the preserved right to buy) is amended as follows.E+W

(2)After subsection (2) insert—

(2ZA)Subsection (2) does not apply to a disposal of land by a private registered provider of social housing.

(3)In subsection (2A)—

(a)omit paragraph (a);

(b)in paragraph (b), for “any other” substitute “ a ”.

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Commencement Information

I1Sch. 4 para. 1 in force at 6.4.2017 by S.I. 2017/75, reg. 4

Housing Act 1988 (c. 50)E+W

2The Housing Act 1988 is amended as follows.E+W

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Commencement Information

I2Sch. 4 para. 2 in force at 6.4.2017 by S.I. 2017/75, reg. 4

3(1)Section 81 (consent to certain disposals of housing obtained from housing action trusts) is amended as follows.E+W

(2)In subsection (1), for “section 79(2)(za) or (a)” substitute “ section 79(2)(a) ”.

(3)In subsection (3A)—

(a)omit paragraph (a);

(b)in paragraph (b), for “any other” substitute “ a ”.

(4)In subsection (7), omit “section 148 or 172 of the Housing and Regeneration Act 2008,”.

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Commencement Information

I3Sch. 4 para. 3 in force at 6.4.2017 by S.I. 2017/75, reg. 4

4(1)Section 133 (consent to certain disposals of housing obtained from local authorities) is amended as follows.E+W

(2)In subsection (1ZA)—

(a)omit paragraph (a);

(b)in paragraph (b), for “any other” substitute “ a ”.

(3)For subsection (1B) substitute—

(1B)This section does not apply if the original disposal was made to a private registered provider of social housing.

(4)In subsection (7), omit “section 148 or 172 of the Housing and Regeneration Act 2008,”.

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Commencement Information

I4Sch. 4 para. 4 in force at 6.4.2017 by S.I. 2017/75, reg. 4

Local Government and Housing Act 1989 (c. 42)E+W

5(1)Section 173 of the Local Government and Housing Act 1989 (consent to certain disposals of housing obtained from new town corporations) is amended as follows.E+W

(2)After subsection (1) insert—

(1ZA)Subsection (1) does not apply to a disposal of land by a private registered provider of social housing.

(3)In subsection (1A)—

(a)omit paragraph (a);

(b)in paragraph (b), for “any other” substitute “ a ”.

(4)In subsection (7), omit “section 148 or 172 of the Housing and Regeneration Act 2008,”.

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Commencement Information

I5Sch. 4 para. 5 in force at 6.4.2017 by S.I. 2017/75, reg. 4

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)E+W

6In Schedule 10 to the Leasehold Reform, Housing and Urban Development Act 1993 (acquisition of Interests from Local Authorities etc), in paragraph 1(2)(b), for “sections 148 and 172” substitute “ section 148 ”.E+W

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Commencement Information

I6Sch. 4 para. 6 in force at 6.4.2017 by S.I. 2017/75, reg. 4

Housing and Regeneration Act 2008E+W

7The Housing and Regeneration Act 2008 is amended as follows.E+W

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Commencement Information

I7Sch. 4 para. 7 in force at 6.4.2017 by S.I. 2017/75, reg. 4

8In section 60 (structural overview), in subsection (4), in the final column of the entry relating to Chapter 5 of Part 2 of the Act—E+W

(a)for paragraph (b) (Regulator's consent) substitute—

(b)Notification of regulator;

(b)omit paragraphs (c), (d) and (g).

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Commencement Information

I8Sch. 4 para. 8 in force at 6.4.2017 by S.I. 2017/75, reg. 4

9After section 74 insert—E+W

74ALeaving the social housing stock: transfer by private providers

(1)A dwelling ceases to be social housing if a private registered provider of social housing owns the freehold or a leasehold interest and transfers it to a person who is not a registered provider of social housing.

(2)Subsection (1) does not apply if and for so long as the private registered provider has a right to have the interest transferred back to it.

(3)Subsection (1) does not apply where low cost home ownership accommodation is transferred to—

(a)the “buyer” under equity percentage arrangements (see section 70(5)), or

(b)the trustees under a shared ownership trust (see section 70(6)).

(4)See section 73 for circumstances when low cost home ownership accommodation ceases to be social housing.

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Commencement Information

I9Sch. 4 para. 9 in force at 6.4.2017 by S.I. 2017/75, reg. 4

10(1)Section 75 (leaving the social housing stock) is amended as follows.E+W

(2)Omit subsection (1).

(3)In subsections (2) and (3), for “Subsections 1 and (1A) do” substitute “ Subsection (1A) does ”.

(4)In the heading, after “stock:” insert “ local authority ”.

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Commencement Information

I10Sch. 4 para. 10 in force at 6.4.2017 by S.I. 2017/75, reg. 4

11In section 119 (de-registration: voluntary), in subsection (5), omit paragraph (a) and the “and” at the end of that paragraph.E+W

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Commencement Information

I11Sch. 4 para. 11 in force at 6.4.2017 by S.I. 2017/75, reg. 4

12In section 149 (moratorium: exempted disposals)—E+W

(a)omit subsection (6);

(b)in subsection (7), for “6” substitute “ 5 ”;

(c)in subsection (8), for “7” substitute “ 6 ”.

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Commencement Information

I12Sch. 4 para. 12 in force at 6.4.2017 by S.I. 2017/75, reg. 4

13In section 171 (power to dispose), in subsection (3), omit “(which include provisions requiring the regulator's consent for certain disposals)”.E+W

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Commencement Information

I13Sch. 4 para. 13 in force at 6.4.2017 by S.I. 2017/75, reg. 4

14For the italic heading above section 172 substitute— “ Notification of regulator ”.E+W

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Commencement Information

I14Sch. 4 para. 14 in force at 6.4.2017 by S.I. 2017/75, reg. 4

15Omit sections 172 to 175 (disposal consents).E+W

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Commencement Information

I15Sch. 4 para. 15 in force at 6.4.2017 by S.I. 2017/75, reg. 4 (with reg. 6)

16For section 176 substitute—E+W

176Notification of disposal

(1)If a private registered provider disposes of a dwelling that is social housing it must notify the regulator.

(2)If a non-profit registered provider disposes of land other than a dwelling it must notify the regulator.

(3)Subsection (1) continues to apply to any land of a private registered provider even if it has ceased to be a dwelling.

(4)The regulator may give directions about—

(a)the period within which notifications under subsection (1) or (2) must be given;

(b)the content of those notifications.

(5)The regulator may give directions dispensing with the notification requirement in subsection (1) or (2).

(6)A direction under this section may be—

(a)general, or

(b)specific (whether as to particular registered providers, as to particular property, as to particular forms of disposal or in any other way).

(7)A direction dispensing with a notification requirement—

(a)may be expressed by reference to a policy for disposals submitted by a registered provider;

(b)may include conditions.

(8)The regulator must make arrangements for bringing a direction under this section to the attention of every registered provider to which it applies.

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Commencement Information

I16Sch. 4 para. 16 in force at 6.4.2017 by S.I. 2017/75, reg. 4

17Omit section 179 and the italic heading before it (application of provisions of the Housing Act 1996 that have a connection with disposal consents.)E+W

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Commencement Information

I17Sch. 4 para. 17 in force at 6.4.2017 by S.I. 2017/75, reg. 4

18In section 186 (former registered providers), for “to 175” substitute “ and 176 (apart from section 176(2)) ”.E+W

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Commencement Information

I18Sch. 4 para. 18 in force at 6.4.2017 by S.I. 2017/75, reg. 4

19Omit section 187 (change of use, etc).E+W

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Commencement Information

I19Sch. 4 para. 19 in force at 6.4.2017 by S.I. 2017/75, reg. 4

20Omit section 190 (consent to disposals under other legislation).E+W

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Commencement Information

I20Sch. 4 para. 20 in force at 6.4.2017 by S.I. 2017/75, reg. 4

21In section 278A (power to nominate for consultation purposes), for paragraph (b) substitute—E+W

(b)section 176;.

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Commencement Information

I21Sch. 4 para. 21 in force at 6.4.2017 by S.I. 2017/75, reg. 4

PART 2 E+WRestructuring and dissolution: removal of consent requirements etc

22The Housing and Regeneration Act 2008 is amended as follows.E+W

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Commencement Information

I22Sch. 4 para. 22 in force at 6.4.2017 by S.I. 2017/75, reg. 4

23In section 115 (profit-making and non-profit organisations), in subsection (9), after “non-profit organisation” insert “ or vice versa ”.E+W

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Commencement Information

I23Sch. 4 para. 23 in force at 6.4.2017 by S.I. 2017/75, reg. 4

24For section 160 substitute—E+W

160Company: arrangements and reconstructions

(1)This section applies to a non-profit registered provider which is a registered company.

(2)The registered provider must notify the regulator of any voluntary arrangement under Part 1 of the Insolvency Act 1986.

(3)The registered provider must notify the regulator of any order under section 899 of the Companies Act 2006 (court sanction for compromise or arrangement).

(4)An order under section 899 of Companies Act 2006 does not take effect until the registered provider has confirmed to the registrar of companies that the regulator has been notified.

(5)The registered provider must notify the regulator of any order under section 900 of the Companies Act 2006 (powers of court to facilitate reconstruction or amalgamation).

(6)The requirement in section 900(6) of the Companies Act 2006 (sending copy of order to registrar) is satisfied only if the copy is accompanied by confirmation that the regulator has been notified.

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Commencement Information

I24Sch. 4 para. 24 in force at 6.4.2017 by S.I. 2017/75, reg. 4

25For section 161 substitute—E+W

161Company: conversion into registered society

(1)This section applies to a non-profit registered provider which is a registered company.

(2)The registered provider must notify the regulator of any resolution under section 115 of the Co-operative and Community Benefit Societies Act 2014 for converting the registered provider into a registered society.

(3)The registrar of companies may register a resolution under that section only if the registered provider has confirmed to the registrar that the regulator has been notified.

(4)The regulator must decide whether the new body is eligible for registration under section 112.

(5)If the new body is eligible for registration, the regulator must register it and designate it as a non-profit organisation.

(6)If the new body is not eligible for registration, the regulator must notify it of that fact.

(7)Pending registration, or notification that it is not eligible for registration, the new body is to be treated as if it were registered and designated as a non-profit organisation.

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Commencement Information

I25Sch. 4 para. 25 in force at 6.4.2017 by S.I. 2017/75, reg. 4

26For section 163 substitute—E+W

163Registered society: restructuring

(1)This section applies to a non-profit registered provider which is a registered society.

(2)The registered provider must notify the regulator of any resolution passed by the society for the purposes of the restructuring provisions listed in subsection (4).

(3)The Financial Conduct Authority may register the resolution only if the registered provider has confirmed to the Financial Conduct Authority that the regulator has been notified.

(4)The following provisions of the Co-operative and Community Benefit Societies Act 2014 are the restructuring provisions—

(a)section 109 (amalgamation of societies);

(b)section 110 (transfer of engagements between societies);

(c)section 112 (conversion of society into a company etc).

(5)The regulator must decide whether the body created or to whom engagements are transferred (“the new body”) is eligible for registration under section 112.

(6)If the new body is eligible for registration, the regulator must register it and designate it as a non-profit organisation.

(7)If the new body is not eligible for registration, the regulator must notify it of that fact.

(8)Pending registration, or notification that it is not eligible for registration, the new body is to be treated as if it were registered and designated as a non-profit organisation.

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Commencement Information

I26Sch. 4 para. 26 in force at 6.4.2017 by S.I. 2017/75, reg. 4

27In section 165 (registered society: dissolution), for subsection (2) substitute—E+W

(2)The registered provider must notify the regulator.

(3)The Financial Conduct Authority may register the instrument under section 121 of that Act, or cause notice of the dissolution to be advertised under section 122 of that Act, only if the registered provider has confirmed to the Financial Conduct Authority that the regulator has been notified.

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Commencement Information

I27Sch. 4 para. 27 in force at 6.4.2017 by S.I. 2017/75, reg. 4

28Omit section 166 (winding up petition by regulator).E+W

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Commencement Information

I28Sch. 4 para. 28 in force at 6.4.2017 by S.I. 2017/75, reg. 4

29After section 169 insert—E+W

Notification of constitutional changesE+W

169ARegistered societies: change of rules

A non-profit registered provider that is a registered society must notify the regulator of any change to the society's rules.

169BCharity: change of objects

The trustees of a registered charity that is a non-profit registered provider must notify the regulator of any amendment to the charity's objects.

169CCompanies: change of articles etc

A non-profit registered provider that is a registered company must notify the regulator of—

(a)any amendment of the company's articles of association,

(b)any change to its name or registered office.”

Directions about notificationsE+W

169DDirections about notifications

(1)The regulator may give directions about—

(a)the period within which notifications under sections 160 to 165 or 169A to 169C must be given by private registered providers;

(b)the content of those notifications.

(2)The regulator may give directions dispensing with notification requirements imposed by sections 160 to 165 or 169A to 169C.

(3)A direction under this section may be—

(a)general, or

(b)specific (whether as to particular registered providers, particular kinds of notification requirement or in any other way).

(4)A direction dispensing with a notification requirement may include conditions.

(5)The regulator must make arrangements for bringing a direction under this section to the attention of every registered provider to which it applies.

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Commencement Information

I29Sch. 4 para. 29 in force at 6.4.2017 by S.I. 2017/75, reg. 4

30In section 192 (overview), omit paragraph (c).E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I30Sch. 4 para. 30 in force at 6.4.2017 by S.I. 2017/75, reg. 4

31Omit sections 211 to 214 and the italic heading before section 211 (constitutional changes to non-profit providers).E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I31Sch. 4 para. 31 in force at 6.4.2017 by S.I. 2017/75, reg. 4

PART 3 E+WAbolition of disposal proceeds fund

32The Housing and Regeneration Act 2008 is amended as follows.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I32Sch. 4 para. 32 in force at 6.4.2017 by S.I. 2017/75, reg. 4

33Omit—E+W

(a)sections 177 and 178;

(b)the italic heading before section 177.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I33Sch. 4 para. 33 in force at 6.4.2017 by S.I. 2017/75, reg. 4 (with reg. 7)

34(1)Section 181 (meaning of “publicly funded” for purposes of provisions about right to acquire) is amended as follows.E+W

(2)After subsection (2) insert—

(2A)Condition 2 is that—

(a)the dwelling was provided wholly or partly by a person using an amount for purposes for which the amount was required to be used by an HCA direction under section 32(4), and

(b)before giving the direction the HCA notified the person that any dwelling so provided would be regarded as publicly funded.

(3)In subsection (3), for “2” substitute “ 3 ”.

(4)After subsection (3) insert—

(3A)In relation to a private registered provider, the reference in subsection (3) to its disposal proceeds fund is to its disposal proceeds fund before the abolition of that fund by Part 3 of Schedule 4 to the Housing and Planning Act 2016.

(5)In subsections (4) and (5), for “3” substitute “ 4 ”.

(6)In subsection (6), for “4” substitute “ 5 ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I34Sch. 4 para. 34 in force at 6.4.2017 by S.I. 2017/75, reg. 4

35Regulations under section 213 in connection with the coming into force of paragraph 33 may, in particular, include provision to preserve the effect of sections 177 and 178 of the Housing and Regeneration Act 2008 for a period in relation to sums in a private registered provider's disposal proceeds fund immediately before that paragraph comes into force (including later interest added under section 177(7) of that Act).E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I35Sch. 4 para. 35 in force at 6.4.2017 by S.I. 2017/75, reg. 4

PART 4 E+WEnforcement Powers

36The Housing and Regeneration Act 2008 is amended as follows.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I36Sch. 4 para. 36 in force at 6.4.2017 by S.I. 2017/75, reg. 4

37In section 269 (appointment of new officers of non-profit registered providers) in subsection (1)(c), for “proper management of the body's affairs” substitute “ to ensure that the registered provider's affairs are managed in accordance with legal requirements (imposed by or under an Act or otherwise) ”.E+W

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I37Sch. 4 para. 37 in force at 6.4.2017 by S.I. 2017/75, reg. 4

38In section 275 (interpretation), for the definition of “mismanagement” substitute—E+W

mismanagement”, in relation to the affairs of a registered provider, means managed in breach of any legal requirements (imposed by or under an Act or otherwise);.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I38Sch. 4 para. 38 in force at 6.4.2017 by S.I. 2017/75, reg. 4

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