Social Housing (Regulation) Act 2023
2023 Chapter 36
An Act to make provision about the regulation of social housing; about the terms of approved schemes for the investigation of housing complaints; about the powers and duties of a housing ombudsman appointed under an approved scheme; about hazards affecting social housing; and for connected purposes.
Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
The Regulator of Social Housing
I1I1581Fundamental objectives
In section 92K of the Housing and Regeneration Act 2008 (fundamental objectives), in subsection (3)—
a
in paragraph (a), after “well-managed” insert “, safe, energy efficient”
;
b
in paragraph (c), omit the final “and”;
c
after paragraph (c) insert—
ca
to ensure that registered providers act in a transparent manner in relation to their tenants of social housing, and
I2I1592Advisory panel
After section 96 of the Housing and Regeneration Act 2008 insert—
96AAdvisory panel
1
The regulator must establish a panel of persons called “the Advisory Panel”.
2
The Panel may provide information and advice to the regulator about, or on matters connected with, the regulator’s functions (whether or not it is requested to do so by the regulator).
3
The reference in subsection (2) to matters connected with the regulator’s functions includes anything which could have a significant impact on registered providers or the provision of social housing.
4
The regulator must appoint the following persons to the Panel—
a
persons appearing to the regulator to represent the interests of—
i
registered providers;
ii
secured creditors of registered providers;
iii
tenants of social housing;
iv
local housing authorities,
b
the Greater London Authority,
c
the HCA, and
d
the Secretary of State.
5
The regulator may appoint such other persons to the Panel as it thinks fit to appoint.
6
The regulator may make payments to persons who are members of the Panel in respect of any expenses they incur in connection with their appointment to the Panel.
7
The regulator must make arrangements requiring any person who is a member of the Panel to declare any financial or other personal interest relevant to the regulator’s functions.
I33Collection of information
I2361
The Housing and Regeneration Act 2008 is amended as follows.
2
In section 107 (collection)—
a
for subsection (1) substitute—
1
The regulator, or a person authorised under subsection (4A), may for a purpose connected with the regulator’s functions require a person to provide documents or information which the regulator or person authorised (as the case may be) has reason to believe is or may be in the person’s possession.
b
omit subsection (2);
c
before subsection (3), insert—
2A
A requirement under subsection (1) may also require the person to provide an explanation of any document or information required under that subsection.
d
in subsection (3)—
i
in the opening words, after “requirement” insert “under subsection (1)”
;
ii
in paragraph (a), for “document or information” substitute “document, information or an explanation”
;
e
in subsection (4), for “documents or information” substitute “documents, information or explanations”
;
f
after subsection (4) insert—
4A
The regulator may in writing authorise a person to exercise any of its powers under this section.
4B
An authorisation—
a
must specify the extent to which the person is authorised to exercise the powers, and
b
may provide that the person is to be authorised for a particular period.
g
in subsection (5), after “requirement” insert “under subsection (1)”
;
h
in subsection (6), for “to which a requirement relates” substitute “required under subsection (1)”
;
i
after subsection (6) insert—
6A
Knowingly or recklessly providing the regulator, or a person authorised under subsection (4A), with a document, information or an explanation which is false or misleading in purported compliance with a requirement under subsection (1) is an offence.
j
in subsection (7), after “requirement” insert “under subsection (1)”
.
I2373
In section 108 (section 107: supplemental)—
a
in subsection (1), after “requirement” insert “under section 107(1)”
;
b
for subsection (2) substitute—
2
A requirement under section 107(1) does not require a banker to breach a duty of confidentiality owed to a person who is not—
a
a registered provider,
b
a subsidiary of a registered provider,
c
an associate of a registered provider, or
d
a person who is certified in writing by the regulator as being—
i
a person who has applied to be entered in the register of providers of social housing, or
ii
a local authority which the regulator thinks may be, or may become, a provider of social housing.
I238c
in subsection (3), omit the words from “not” to the end;
d
in subsection (4)—
i
in the words before paragraph (a), after “107(6)” insert “or (6A)”
;
I238ii
in paragraph (a) omit the words from “not” to the end;
e
in subsection (5), for “or (6)” substitute “, (6) or (6A)”
.
I44Power to charge fees
1
2
In subsection (1)(a), after “fee” insert “for dealing with an application”
.
3
After subsection (1) insert—
1A
The regulator may make dealing with an application for initial registration conditional upon the payment of the fee.
4
In subsection (2) omit “initial or”.
5
After subsection (4) insert—
4A
The amount of a fee payable under this section may be calculated by reference to costs incurred, or likely to be incurred, by the regulator in the performance of any of its functions, including costs unconnected with the fee-payer and costs unconnected with registration or regulation under this Part.
6
In subsection (5)—
a
in paragraph (a), for “expenditure on” substitute “the costs incurred in”
;
b
omit paragraph (b) (but not the “and” following it);
c
in paragraph (c), for “to which it relates” substitute “incurred, or likely to be incurred, in the performance of the regulator’s functions”
.
7
In section 202 of the Housing and Regeneration Act 2008 (inspections: supplemental) omit subsections (4) to (7).
I5I1605Relationship between regulator and housing ombudsman
1
The Housing and Regeneration Act 2008 is amended as set out in subsections (2) to (5).
2
After section 100G insert—
Relationship with housing ombudsman
100HRelationship with housing ombudsman
1
The regulator and a housing ombudsman must each take such steps as it considers appropriate to co-operate in the exercise of their respective functions.
2
The regulator and a housing ombudsman must prepare and maintain a memorandum describing how they intend to comply with subsection (1).
3
The regulator and a housing ombudsman must ensure that the memorandum between them as currently in force is published in the way appearing to them to be best calculated to bring it to the attention of the public.
3
In section 196 (consultation), in subsection (1), after paragraph (ea) insert—
eb
any housing ombudsman,
4
In section 197 (direction by Secretary of State), in subsection (4), after paragraph (aa) insert—
ab
any housing ombudsman,
5
In section 275 (general interpretation), after the entry relating to the HCA insert—
“housing ombudsman” means a housing ombudsman appointed in accordance with a scheme approved under Schedule 2 to the Housing Act 1996,
6
In Schedule 2 to the Housing Act 1996 (social rented sector: housing complaints), in paragraph 3 (approval of scheme etc), in sub-paragraph (1), for the words from “shall be made” to the end substitute—
a
may only be made after the applicant has consulted the Regulator of Social Housing,
b
shall be made in such manner as the Secretary of State may determine, and
c
shall be accompanied by such information as the Secretary of State may require.
Registration of providers of social housing
I6I1616Meaning of “English body”
In section 79 of the Housing and Regeneration Act 2008 (English bodies), in subsection (1)—
a
after paragraph (c) insert
and
f
a limited liability partnership which has its registered office in England.
b
omit paragraphs (d) and (e).
I7I1627Registration criteria
In section 112 of the Housing and Regeneration Act 2008 (eligibility for voluntary registration), in subsection (3)—
a
in the opening words omit “as to”;
b
in paragraph (a), at the beginning insert “as to”
;
c
in paragraph (b)—
i
at the beginning insert “as to”
;
ii
omit “and”;
I88Designation
Section 115 of the Housing and Regeneration Act 2008 (profit-making and non-profit organisations) is amended as follows—
a
omit subsection (2);
b
for subsection (3) substitute—
3
A body is a non-profit organisation if—
a
it is a registered or non-registrable charity and satisfies Conditions 1 and 2, or
b
otherwise, it satisfies Conditions 1 to 3.
c
in subsection (4)—
i
in paragraph (a), omit “or”;
ii
omit paragraph (b);
d
after subsection (6) insert—
6A
The fact that a body is prohibited by its constitution from trading for profit does not, of itself, mean that it is a body which does not trade for profit for the purposes of subsection (4)(a).
e
in subsection (8) omit “(2) or”.
I9I1639De-registration
In section 118 of the Housing and Regeneration Act 2008 (compulsory de-registration), in subsection (1), after paragraph (a) insert—
aa
has failed to meet a standard under section 193, 194 or 194C,
Duties of registered providers
I1010Appointment of health and safety lead by registered provider
1
The Housing and Regeneration Act 2008 is amended as follows.
2
Before section 127 (and the heading immediately before it) insert—
Health and safety lead for registered provider
126ADesignation of health and safety lead
1
A registered provider must designate an individual to carry out the functions in section 126B.
2
The individual designated under subsection (1) is referred to in this Part as the “health and safety lead” for the registered provider.
3
The health and safety lead must be—
a
in the case of a private registered provider—
i
if the provider has at least 15 employees, an employee of the provider;
ii
otherwise, an employee or officer of the provider;
b
in the case of a local authority which operates executive arrangements and has a leader and cabinet executive (England)—
i
the executive leader,
ii
another member of the executive, or
iii
an employee of the authority;
c
in the case of a local authority which operates executive arrangements and has a mayor and cabinet executive—
i
a member of the executive other than the elected mayor, or
ii
an employee of the authority;
d
in the case of the Common Council of the City of London, an employee of the Common Council;
e
in the case of any other local authority—
i
the chairman or vice-chairman of the authority (if holding a paid office), or
ii
an employee of the authority.
4
In this section and section 126B, the following terms have the same meanings as in Part 1A of the Local Government Act 2000 (and see the provisions of that Act mentioned)—
“elected mayor” (section 9H(1));
“executive” (section 9C);
“executive arrangements” (section 9B(4));
“executive leader” (section 9C(3)(a));
“leader and cabinet executive (England)” (section 9C(3));
“mayor and cabinet executive” (section 9C(2)).
5
a
the references to the chairman and vice-chairman of an authority are to those persons elected under section 3 or 5 of the Local Government Act 1972 (or in relation to a London borough council are to be read in accordance with section 270(4) of that Act);
b
a chairman or vice-chairman holds a “paid office” if the council pays the person an allowance.
6
The Secretary of State may by regulations amend this section to alter who may be the health and safety lead for a registered provider.
126BFunctions of the health and safety lead
1
The functions of the health and safety lead for a registered provider are to—
a
monitor the provider’s compliance with health and safety requirements;
b
assess risks of failure to comply with health and safety requirements;
c
notify the responsible body of the provider of—
i
risks assessed under paragraph (b) of material failures by the provider to comply with health and safety requirements;
ii
material failures by the provider to comply with health and safety requirements;
d
provide advice to the responsible body as to how the provider should address risks and failures notified to the responsible body under paragraph (c) for the purpose of ensuring that the provider complies with health and safety requirements.
2
In this Part, “health and safety requirement”, in relation to a registered provider, means a statutory requirement, so far as it—
a
relates to the health or safety of tenants of social housing, and
b
applies to the provider by virtue of being the provider of that social housing (including where it is expressed as applying to a landlord or employer or in some other way).
3
In this section, “statutory requirement” means a requirement imposed by or by virtue of legislation and includes—
a
an obligation under a covenant implied by or under legislation (such as a covenant under section 9A of the Landlord and Tenant Act 1985 (fitness for human habitation of dwellings in England));
b
a requirement imposed—
i
by a notice given under legislation, or
ii
by or as a result of other action (such as enforcement action mentioned in section 5(2) or 7(2) of the Housing Act 2004 (housing conditions: category 1 and 2 hazards)) taken under legislation.
4
In subsection (3), “legislation” means any provision of or made under—
a
an Act of Parliament, or
b
a Measure or Act of Senedd Cymru.
5
For the purposes of this section, the “responsible body” of a registered provider—
a
in the case of a local authority which operates executive arrangements, is the executive;
b
in the case of any other local authority, is the councillors;
c
in the case of a private registered provider, has the meaning given by the following table—
Private registered provider
Meaning of “responsible body”
Registered charity which is not a registered company
Its charity trustees within the meaning given by section 177 of the Charities Act 2011
Registered society
Its committee within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014
Registered company
Its directors within the meaning given by section 250 of the Companies Act 2006
Limited liability partnership
Its members
126CDuties of registered provider in relation to health and safety lead
1
A registered provider must—
a
ensure that the health and safety lead—
i
has sufficient authority (including, in particular, authority to obtain information) within the provider’s organisation, and
ii
can devote sufficient time to the functions of the health and safety lead,
to perform the role of health and safety lead effectively;
b
provide the health and safety lead with the resources needed to carry out those functions.
2
A registered provider must, in accordance with requirements published by the regulator—
a
notify the regulator of the name and contact details of the health and safety lead, and
b
publish that information.
126DHealth and safety lead: general
1
a
the responsibility of a registered provider for compliance with health and safety requirements, or
b
the liability of the registered provider or of any director, member or other officer or person for a failure to comply with health and safety requirements.
2
The health and safety lead is not, by virtue of those sections—
a
responsible for the registered provider’s compliance with health and safety requirements, or
b
liable for a failure by the registered provider to comply with health and safety requirements,
(but this does not affect any responsibility or liability which the individual designated under section 126A has otherwise than as health and safety lead).
3
A registered provider may nominate an individual to carry out the functions of the health and safety lead if the health and safety lead is unable to act due to absence or illness.
3
In section 220 (grounds for giving enforcement notice), at the appropriate place insert—
4
In section 227 (grounds for imposition of penalty), at the appropriate place insert—
5
6
In section 251(1) (appointment of manager of private registered provider), before paragraph (b) insert—
7
In section 252A(2) (appointment of advisers to local authorities)—
a
in paragraph (a), omit the final “or”;
8
In section 320 (orders and regulations), in subsection (3)(d), for “or 72” substitute “, 72 or 126A”
.
I1111Electrical safety standards
1
Section 122 of the Housing and Planning Act 2016 (electrical safety standards for properties let by private landlords) is amended as follows.
2
In the heading, for “properties let by private landlords” substitute “residential properties let by landlords”
.
3
In subsection (1)—
a
omit “private”;
b
after “England” insert “to whom this section applies”
.
4
After subsection (1) insert—
1A
This section applies to a landlord who is—
a
a private landlord, or
b
a registered provider of social housing.
Registered providers: insolvency, restructuring etc
I1212Moratorium on disposal of land
1
The Housing and Regeneration Act 2008 is amended as follows.
2
For section 145 substitute—
145Moratorium
1
A moratorium on the disposal of land by a private registered provider begins when any of the events mentioned in subsection (2) occur in relation to the provider.
2
The events are—
a
a petition is presented under section 124 of the Insolvency Act 1986, by a person other than the Secretary of State, for the winding up of the provider;
b
an application is made by the provider under section 105(3) of the Housing and Planning Act 2016 for permission to pass a resolution for voluntary winding up;
c
an application is made in accordance with paragraph 12 of Schedule B1 to the Insolvency Act 1986, by a person other than the Secretary of State, for an administration order in respect of the provider;
d
a notice of the appointment of an administrator of the provider under paragraph 14 or 22 of Schedule B1 to the Insolvency Act 1986 is filed with the court under paragraph 18 or 29 of that Schedule;
e
notice of intention to enforce a security over property of the provider is given under section 108(2)(a) of the Housing and Planning Act 2016 or the requirement to give such notice is waived under section 108(2)(b) of that Act.
3
In section 146 (duration of moratorium)—
a
in the heading, for “Duration” substitute “Ending”
;
b
omit subsection (1);
c
in subsection (2), in the words before paragraph (a), after “moratorium” insert “mentioned in section 145”
;
d
in subsection (2A), in paragraph (a), for “day on which the notice mentioned in section 145 is given” substitute “relevant day”
;
e
after subsection (2A) insert—
2B
The “relevant day” is—
a
b
c
d
f
in subsection (3), for the words from “period,” to the end substitute
period if—
a
the regulator has made reasonable enquiries with a view to locating secured creditors of the registered provider, and
b
where the regulator located one or more such creditors, each of them has consented to the extension.
g
in subsection (5), omit the words from “if” to the end;
h
in subsection (9), for “a notice mentioned in section 145 is given” substitute “an event mentioned in section 145(2) occurs”
.
4
In section 147 (further moratorium), in subsection (3), for the words from “period,” to the end substitute
period if—
a
the regulator has made reasonable enquiries with a view to locating secured creditors of the registered provider, and
b
where the regulator located one or more such creditors, each of them has consented to the further moratorium.
5
In section 151 (appointment of interim manager during moratorium), in subsection (4), for paragraph (b) (but not the “or” following it) substitute—
b
when the regulator notifies the interim manager that there are proposals under section 152 which are agreed proposals,
6
In section 153 (procedure for proposals made during moratorium)—
a
in subsection (1), after paragraph (b) insert—
ba
if the regulator is able to locate any secured creditors of the registered provider after making reasonable enquiries, those creditors,
b
after subsection (1) insert—
1A
If no secured creditors are located for the purposes of subsection (1), the proposals made by the regulator following the consultation required by that subsection are agreed proposals for the purposes of this group of sections.
c
in subsection (2)—
i
for the words before paragraph (a) substitute “Where the regulator locates one or more secured creditors of the registered provider for the purposes of subsection (1), the regulator must, before making proposals, send a copy of draft proposals to—”
;
ii
for paragraph (b) (but not the “and” following it) substitute—
b
the secured creditors located for the purposes of subsection (1),
d
in subsection (3), in the words before paragraph (a), for the words from “The regulator” to “bringing” substitute “If the regulator sends draft proposals under subsection (2), the regulator must also make arrangements for bringing those”
;
e
for subsection (4) substitute—
4
If each secured creditor to whom draft proposals were required to be sent agrees to them by notice to the regulator, the draft proposals become agreed proposals for the purposes of this group of sections.
f
in subsection (5)—
i
in the words before paragraph (a) for “Proposals” substitute “Draft proposals”
;
ii
in paragraph (a), for “proposals were sent” substitute “draft proposals were required to be sent”
;
g
in subsection (6)(b)—
i
for “its” substitute “any”
;
ii
for “the original” substitute “draft”
;
h
for subsection (8) substitute—
8
The regulator may make proposals amending agreed proposals; and this section and section 152 apply to such proposals.
7
In section 158 (assistance by regulator in connection with proposals), in subsection (1), for “the agreement of proposals” substitute “the regulator deciding whether to exercise the power under section 152 to make proposals and (if proposals are made) the proposals becoming agreed proposals”
.
I13I16413Limited liability partnerships
Schedule 1 amends Part 2 of the Housing and Regeneration Act 2008 and Chapter 5 of Part 4 of the Housing and Planning Act 2016 to make provision about limited liability partnerships.
I1414Insolvency of registered providers
Schedule 2 contains amendments to provisions of the Housing and Planning Act 2016 about procedures to be followed on the insolvency of a registered provider.
I1515Notification requirements: expansion to profit-making organisations
In the Housing and Regeneration Act 2008, in the following provisions omit “non-profit”—
a
section 160(1) (arrangements and reconstructions);
b
section 161(1) (conversion of registered company to registered society);
c
section 163(1) (restructuring of registered society);
d
section 165(1) (dissolution of registered society);
e
section 169A (change of rules of registered society);
f
section 169C (change of articles of registered company).
I1616Conversion of company into registered society: continuation of registration
In section 161 of the Housing and Regeneration Act 2008 (company: conversion into registered society) omit subsections (4) to (7).
I1717Restructuring of registered societies
1
The Housing and Regeneration Act 2008 is amended as follows.
2
In section 163 (registered society: restructuring) omit subsections (5) to (8).
3
After section 163 insert—
163ARestructuring of registered societies: registration of successor bodies
1
This section applies where —
a
a registered provider notifies the regulator of a resolution passed by the provider for the purposes of section 109 of the Co-operative and Community Benefit Societies Act 2014 (amalgamation of societies);
b
a registered provider notifies the regulator of a resolution passed by the provider for the purposes of section 112(1)(b) of that Act (amalgamation of society and company);
c
a registered provider notifies the regulator of a resolution passed by the provider for the purposes of section 110 of that Act (transfer of engagements between societies) and the society to which engagements are transferred is not a registered provider;
d
a registered provider notifies the regulator of a resolution passed by the provider for the purposes of section 112(1)(c) of that Act (transfer of engagements between society and company) and the company to which engagements are transferred is not a registered provider.
2
When the resolution mentioned in subsection (1) (“the relevant resolution”) takes effect, the regulator must decide whether the successor body is eligible for registration under section 112.
3
“The successor body” means—
a
4
If the successor body is eligible for registration, the regulator must register it and notify it that it has done so.
5
If the successor body is not eligible for registration, the regulator must notify it of that fact.
6
Pending registration, or notification that it is not eligible for registration, the successor body is to be treated as if it were registered and designated as a non-profit organisation.
I1818Receipt of transfers of engagements from a registered society
1
The Housing and Regeneration Act 2008 is amended as follows.
2
After section 161 insert—
161ACompany: receipt of transfer of engagements from registered society
1
This section applies to a registered provider which is a registered company.
2
The registered provider must notify the regulator if a registered society which is not a registered provider passes a resolution under section 112(1)(c) of the Co-operative and Community Benefit Societies Act 2014 transferring its engagements to the registered provider.
3
The Financial Conduct Authority may register the resolution only if the registered society which passed it has confirmed to the Financial Conduct Authority that the regulator has been notified.
3
After section 163A (inserted by section 17) insert—
163BRegistered society: receipt of transfer of engagements from another registered society
1
This section applies to a registered provider which is a registered society.
2
The registered provider must notify the regulator if a registered society which is not a registered provider passes a resolution under section 110(1) of the Co-operative and Community Benefit Societies Act 2014 transferring its engagements to the registered provider.
3
The Financial Conduct Authority may register the resolution only if the registered society which passed it has confirmed to the Financial Conduct Authority that the regulator has been notified.
I1919Notification of constitutional changes
1
The Housing and Regeneration Act 2008 is amended as follows.
2
In section 169A (registered societies: change of rules)—
a
in the heading, after “rules” insert “etc”
;
b
after “society’s rules” insert “, name or registered office”
.
3
For section 169B substitute—
169BCharity: change to trusts etc
1
The trustees of a registered charity that is a registered provider must notify the regulator of any change to—
a
the trusts of the charity;
b
the purposes of the charity (if not falling within paragraph (a));
c
the name of the charity entered in the register of charities;
d
any number allocated to the charity by the Charity Commission which appears in the register of charities;
e
any contact address for the charity which appears in the register of charities.
2
3
In this section—
“the register of charities” means the register of charities kept under section 29 of the Charities Act 2011;
“trusts”, in relation to a charity, has the same meaning as in the Charities Act 2011 (see section 353 of that Act).
4
After section 169C insert—
169CALimited liability partnership: change of name etc
A registered provider that is a limited liability partnership must notify the regulator of any change to its name or registered office.
I2020Notification of change of control
1
The Housing and Regeneration Act 2008 is amended as follows.
2
Before section 169D (and the heading immediately before it) insert—
Notification of change of control
169CBApplication of rules about notification of change of control
This group of sections does not apply to local authorities.
169CCChange in board members
1
A registered provider must notify the regulator if—
a
the board members of the registered provider change (whether as a result of an appointment or removal of a board member or for any other reason), and
b
following that change, any of the circumstances described in subsection (2) arise.
2
The circumstances are that—
a
the number of board members of the provider has increased by more than 50% since the beginning of the relevant period;
b
the number of board members of the provider has decreased by more than 50% since the beginning of the relevant period;
c
more than 50% of the board members of the provider are persons who were not board members of the provider at the beginning of the relevant period.
3
For the purposes of this section, the “board members” of a registered provider are—
a
in the case of a registered charity which is not a registered company, its charity trustees within the meaning given by section 177 of the Charities Act 2011;
b
in the case of a registered society, the members of its committee within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014;
c
in the case of a registered company, its directors within the meaning given by section 250 of the Companies Act 2006;
d
in the case of a limited liability partnership, its members.
4
For the purposes of this section, “the relevant period” is—
a
b
if the registered provider was not a registered provider throughout the 12 month period, the period—
i
beginning with the day (or, if more than one, the latest day) in the 12 month period on which it became a registered provider, and
169CDChange in subsidiary status
A registered provider must notify the regulator each time—
a
it becomes a subsidiary of a person, or
b
it ceases to be a subsidiary of a person.
Standards
I21I16521Standards relating to competence and conduct
1
After section 194 of the Housing and Regeneration Act 2008 insert—
194AStandards relating to competence and conduct
1
The regulator may set standards for registered providers in matters relating to the competence and conduct of individuals involved in the provision of services in connection with the management of social housing (“relevant individuals”).
2
Standards under subsection (1) may, in particular, require registered providers to comply with specified rules about—
a
the knowledge, skills and experience to be required of relevant individuals, and
b
the conduct to be expected of relevant individuals in their dealings with tenants.
3
Standards under subsection (1) may require registered providers to secure that their senior housing executives and senior housing managers—
a
have a specified qualification in housing management or type of qualification in housing management, or
b
are working towards such a qualification or type of qualification.
4
Standards under subsection (1) may require registered providers to take steps to secure that relevant managers of their services providers—
a
have a specified qualification in housing management or type of qualification in housing management, or
b
are working towards such a qualification or type of qualification.
5
Each of the following is a “relevant manager” of a services provider—
a
if the services provider is a relevant individual, that individual;
b
a senior housing executive of the services provider;
c
a senior housing manager of the services provider.
6
A qualification or type of qualification specified for a senior housing executive may only be—
a
a foundation degree, or
b
a qualification or type of qualification regulated by the Office of Qualifications and Examinations Regulation which is of a level not exceeding level 5.
7
8
The references in subsections (6) and (7) to the level of a qualification are to the level assigned to a qualification by virtue of general conditions set and published by the Office of Qualifications and Examinations Regulation under section 134 of the Apprenticeships, Skills, Children and Learning Act 2009.
9
10
See also section 217A (which makes provision implying terms relating to qualifications into management services agreements).
194BMeaning of “services provider”, “senior housing executive” and “senior housing manager”
1
This section makes provision about the meaning of terms for the purposes of section 194A.
2
“Services provider”, in relation to a registered provider, means a person who, in accordance with an agreement with the registered provider or another person, provides services in connection with the management of social housing provided by the registered provider or arranges for the provision of such services.
3
For the purposes of subsection (2), an agreement does not include a contract of employment or a contract of apprenticeship.
4
“Senior housing executive” of a registered provider means a relevant individual who—
a
is an employee or officer of the registered provider,
b
has responsibility (solely or jointly) for the day to day management of the provision of services in connection with the management of social housing provided by the registered provider, and
c
is part of the registered provider’s senior management.
5
“Senior housing executive” of a services provider in relation to a registered provider means a relevant individual who—
a
is—
i
an employee of the services provider,
ii
an officer of the services provider, or
iii
if the services provider is a partnership, a partner in the partnership,
b
has responsibility (solely or jointly) for the day to day management of the provision of services in connection with the management of social housing provided by the registered provider, and
c
is part of the services provider’s senior management.
6
For the purposes of subsections (4) and (5), an individual is part of a registered provider’s or services provider’s senior management if the individual plays a significant role in—
a
the making of decisions about how the whole or a substantial part of the activities of the provider which relate to social housing are to be managed or organised, or
b
the management or organisation of the whole or a substantial part of such activities.
7
“Senior housing manager” of a registered provider means a relevant individual who—
a
is an employee of the registered provider, and
b
is a senior housing and property manager for the registered provider.
8
“Senior housing manager” of a services provider in relation to a registered provider means a relevant individual who—
a
is an employee of the services provider,
b
is a senior housing and property manager for the services provider, and
c
is involved in the provision of services in connection with the management of social housing provided by the registered provider.
9
For the purposes of subsections (7) and (8), whether an individual is a senior housing and property manager is to be determined by reference to the description of the occupation of senior housing and property management published by the Institute for Apprenticeships and Technical Education under section ZA10(5) of the Apprenticeships, Skills, Children and Learning Act 2009.
10
In this section—
“employee” includes a person employed under a contract of apprenticeship;
“relevant individual” has the same meaning as in section 194A.
11
The following Table gives the meaning of “officer” in relation to services providers for the purposes of this section—
Services provider
Meaning of “officer”
Registered charity which is not a registered company
Trustee, secretary or treasurer
Registered society
“Officer” within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014 (including a person co-opted to serve on the society’s committee)
Registered company
“Officer” within the meaning given by section 1173 of the Companies Act 2006
Limited liability partnership
A member of the limited liability partnership.
2
In section 196 of that Act (consultation), after subsection (2) insert—
3
Before setting a standard under section 194A which imposes a requirement described in subsection (4) of that section, the regulator must consult, or ensure that there has been consultation with, each body (if any) which is nominated by the Secretary of State for the purposes of this subsection.
4
5
The Secretary of State must notify the regulator of any nomination (or withdrawal of any nomination) made for the purposes of subsection (3).
3
In section 197 of that Act (direction by Secretary of State), after subsection (5) insert—
5A
Before giving a direction to set a standard under section 194A which imposes a requirement described in subsection (4) of that section, the Secretary of State must consult one or more bodies appearing to the Secretary of State to represent the interests of services providers in relation to registered providers (as defined in section 194B(2)).
4
After section 217 of that Act insert—
217AImplied terms of management services agreements relating to qualifications
1
Each management services agreement in relation to social housing of a registered provider, whenever entered into, is to be treated as including the terms set out in subsection (4).
2
In this section, a “management services agreement”, in relation to social housing of a registered provider, means an agreement under which one person (a “services provider”) agrees with another person (the “services recipient”) to provide services in connection with the management of social housing provided by the registered provider or to arrange for the provision of such services.
3
For the purposes of subsection (2)—
a
an agreement does not include a contract of employment or a contract of apprenticeship, and
b
the services recipient may be the registered provider or another person.
4
The terms are that—
a
the services provider must secure that its relevant managers who are involved in the provision of services in connection with the management of social housing to which the agreement relates meet the qualification standard at all times;
b
in the event that the services provider does not comply with the term set out in paragraph (a), the services provider will take such action to rectify the non-compliance as is reasonably required by the services recipient;
c
the services provider must comply with any reasonable request for information demonstrating whether or not the services provider is complying with the term in paragraph (a) that is made by the registered provider who provides the social housing to which the agreement relates or (if different) the services recipient.
5
A relevant manager of a services provider under a management services agreement “meets the qualification standard” if—
a
a standard is in force under section 194A which requires the registered provider who provides the social housing to which the agreement relates to take steps to secure that the manager has, or is working towards, a qualification or type of qualification in housing management, and
b
the manager has or (as the case may be) is working towards such a qualification,
or if there is no standard in force under section 194A which imposes a requirement described in paragraph (a).
6
A term of a management services agreement is not binding on the services recipient to the extent it would—
a
exclude or restrict the liability of the services provider for breach of a term implied by this section, or
b
prevent an obligation under a term implied by this section arising or limiting its extent.
7
In this section “relevant manager”, in relation to a services provider, has the same meaning as it has for the purposes of section 194A (see section 194A(5)).
5
In consequence of the amendment made by subsection (4), in section 192 of that Act—
a
in paragraph (d), omit the final “and”;
b
at the end of paragraph (e) insert
, and
f
makes provision about terms to be implied into management services agreements (section 217A).
I22I16622Standards relating to information and transparency
1
The Housing and Regeneration Act 2008 is amended as follows.
2
After section 194B (inserted by section 21) insert—
194CStandards relating to information and transparency
1
The regulator may set standards for registered providers in matters relating to the provision of information to their tenants of social housing and to the regulator, including standards requiring information to be published.
2
Standards under subsection (1) may, in particular, require registered providers to comply with specified rules about—
a
the provision of information to their tenants of social housing concerning the accommodation, facilities or services provided in connection with social housing, including information concerning—
i
their tenants’ rights in connection with those things, and
ii
how to make complaints against registered providers,
b
monitoring their compliance with standards under this section and sections 193, 194 and 194A and informing the regulator if they have failed, or there is a risk they will fail, to meet any of those standards, and
c
the publication of information about—
i
the remuneration of their executives, and
ii
their income, management costs and other expenditure.
3
For the purposes of subsection (2)(c), an “executive”, in relation to a registered provider, means an individual who is both—
a
an officer or employee of the registered provider, and
b
responsible for the management of the provider.
3
In section 220 (grounds for giving enforcement notice), in subsection (2), for “193 or 194” substitute “193, 194 or 194C”
.
4
In section 227 (grounds for imposition of penalty), in subsection (2), for “193 or 194” substitute “193, 194 or 194C”
.
5
In section 237 (grounds for award of compensation), in subsection (2), for “193 or 194” substitute “193, 194 or 194C”
.
6
In section 247 (management tender), in subsection (1)(a), for “193 or 194” substitute “193, 194 or 194C”
.
7
In section 251 (appointment of manager), in subsection (1)(a), for “193 or 194” substitute “193, 194 or 194C”
.
I23I16723Code of practice: standards relating to consumer matters
In section 195 of the Housing and Regeneration Act 2008 (code of practice)—
a
in subsection (1)(a), omit “under section 194”;
b
in subsection (2), omit “under that section”.
I24I16824Direction by Secretary of State
In section 197 of the Housing and Regeneration Act 2008 (direction by Secretary of State), after subsection (2) insert—
2A
The Secretary of State may direct the regulator—
a
to set a standard under section 194A,
b
d
to have regard to specified objectives when setting those standards.
I16925Secretary of State’s duty to give direction about providing information to tenants
1
The Secretary of State must give a direction to the Regulator of Social Housing under section 197(2A) of the Housing and Regeneration Act 2008 about setting a standard under section 194C of that Act (standards relating to information and transparency) for the purpose of securing that registered providers of social housing are required to provide their tenants of low cost rental accommodation with information about—
a
their tenants’ rights in connection with the low cost rental accommodation and with facilities or services provided in connection with that accommodation, and
b
how their tenants can make a complaint against them.
2
The Secretary of State must give the direction before the end of the period of six months beginning with the day on which this Act is passed.
3
In this section—
“low cost rental accommodation” means accommodation which—
- a
is low cost rental accommodation (as defined in section 69 of the Housing and Regeneration Act 2008) provided by a registered provider of social housing, and
- b
is not low cost home ownership accommodation (as defined in section 70 of that Act);
- a
“tenant”, in relation to low cost rental accommodation, includes other occupiers.
I2526Failure to meet standards: exercise of intervention powers
Omit sections 198A and 198B of the Housing and Regeneration Act 2008.
I26I17027Performance monitoring
1
The Housing and Regeneration Act 2008 is amended as follows.
2
Before section 199 (and the heading immediately before it) insert—
Performance information
198CDirections about performance information
1
2
Directions under subsection (1) may, in particular, specify or describe—
a
the information that must be collected,
b
the period the information must cover,
c
the method of collecting, processing and presenting information,
d
the form in which information must be presented, and
e
what information must be published and when and the manner of publication.
3
A direction—
a
may make provision that applies generally or only to specified cases, circumstances or registered providers, and
b
may make different provision for different cases, circumstances or registered providers.
4
The regulator must make arrangements for bringing a direction to the attention of every registered provider to which it applies.
5
The regulator may request that a registered provider send to the regulator—
a
any information collected by the registered provider pursuant to directions under subsection (1);
b
an analysis of that information;
c
an explanation of how the information was collected, processed or published.
3
In section 220 (grounds for giving enforcement notice), at the appropriate place insert—
11C
Case 13 is where the registered provider has failed to comply with directions or a request under section 198C.
4
In section 227 (grounds for imposition of penalty), at the appropriate place insert—
7C
Case 9 is where the registered provider has failed to comply with directions or a request under section 198C.
Monitoring and enforcement
I2728Surveys
1
The Housing and Regeneration Act 2008 is amended as follows.
2
In section 199 (survey)—
a
in subsection (3)—
i
for “subsection (2)” substitute “this section and in sections 199A to 200,”
, and
ii
for “of this section” substitute “of the section concerned”
;
b
omit subsections (4) to (6);
c
after subsection (8) insert—
9
Arrangements for a person other than a member of the regulator’s staff to carry out a survey may include provision about payments.
3
After section 199 insert—
199ASurvey: power to enter without warrant
1
An authorised person may enter premises at any reasonable time, or times, to carry out a survey under section 199.
2
The power in subsection (1) may only be exercised if an authorised person has given at least 48 hours’ notice of the first exercise of the power—
a
to the registered provider, and
b
if the premises are occupied, to the occupier (or any one of the occupiers).
3
The requirement to give notice may be waived—
a
in the case of notice required by subsection (2)(a), by the registered provider, and
b
in the case of notice required by subsection (2)(b), by the occupier (or any one of the occupiers) of the premises.
4
Notice under subsection (2) may state that, if entry to the premises were to be refused, an authorised person would propose to apply for a warrant under section 199B.
5
Notice required by subsection (2)(b) may be given by fixing it to some conspicuous part of the premises.
6
An authorised person who under this section has entered, or who is seeking to enter, premises in order to carry out a survey must produce a copy of the authorisation mentioned in section 199(3) on request by an occupier.
7
An authorised person entering premises to carry out a survey may—
a
be accompanied by such other persons, and
b
take onto the premises such equipment or materials,
as the authorised person thinks necessary for the purposes of carrying out the survey.
8
Equipment or materials taken onto premises by virtue of subsection (7) may be left in a place on the premises until the survey has been carried out provided that—
a
leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or
b
leaving the equipment or the materials on the premises is necessary for the purposes of carrying out the survey and it is not possible to leave it or them in a place that does not significantly impair the ability of an occupier to use the premises.
9
Where the premises include common parts of a building, references in subsection (8) to the ability of an occupier to use the premises include the ability of an occupier of a dwelling that has use of the common parts to use those parts or the dwelling.
10
In this section, “common parts”, in relation to a building, includes the structure and exterior of that building and any common facilities provided (whether or not in the building) for persons who occupy the building.
199BSurvey: power to enter with warrant
1
This section applies where a justice of the peace is satisfied, on sworn information in writing by an authorised person, that entry to premises specified in the information is reasonably required to carry out a survey under section 199.
2
The justice may issue a warrant authorising the authorised person who is named in it to enter the premises to carry out the survey where the justice is satisfied that—
a
entry to the premises has been sought under section 199A but has been refused,
b
the premises are unoccupied or that the occupier is temporarily absent, or
c
there are reasonable grounds to believe that the authorised person will not be able to obtain entry to the premises without a warrant.
3
A warrant under this section authorises the authorised person to enter the premises at any reasonable time, or times, using reasonable force if necessary.
4
A warrant under this section authorises an authorised person entering premises to take onto the premises such equipment or materials as the authorised person thinks necessary for the purposes of carrying out the survey.
5
Equipment or materials taken onto premises by virtue of subsection (4) may be left in a place on the premises until the survey has been carried out provided that—
a
leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or
b
leaving the equipment or the materials on the premises is necessary for the purposes of carrying out the survey and it is not possible to leave it or them in a place that does not significantly impair the ability of an occupier to use the premises.
6
7
A warrant under this section may authorise persons (“accompanying persons”) to accompany the authorised person.
8
Accompanying persons—
a
have the same powers as the authorised person in respect of execution of the warrant, but
b
must exercise those powers only in the company, and under the supervision, of the authorised person.
9
An authorised person who has entered, or who is seeking to enter, premises under a warrant under this section must produce on request by any person—
a
a copy of the warrant;
b
a copy of the authorisation mentioned in section 199(3).
10
A warrant under this section continues in force until the survey is carried out.
11
If the premises are unoccupied or the occupier is temporarily absent, the authorised person who has entered the premises under a warrant under this section must leave the premises as effectively secured against trespassers as the authorised person found them.
4
In section 200 (survey: supplemental)—
a
omit subsection (1);
b
omit subsection (3);
c
for subsection (4) substitute—
4
A registered provider, or an officer of a registered provider, commits an offence if the provider or officer obstructs an authorised person—
a
in exercising a power under section 199A, or
b
in exercising a power under section 199, where the authorised person has entered the premises to carry out the survey under the power in section 199A.
d
after subsection (4) insert—
I2829Inspection plan
1
The Housing and Regeneration Act 2008 is amended as follows.
2
After section 201 (inspections) insert—
201AInspection plan
1
The regulator must make a plan as regards—
a
the descriptions of registered provider that should be subject to regular inspection under section 201,
b
the intervals at which regular inspections should be carried out under that section, and
c
the circumstances in which registered providers should be subject to inspections under that section other than regular inspections.
2
The plan may make different provision for different cases, circumstances or areas.
3
The regulator must take appropriate steps to implement the plan.
4
The regulator must—
a
keep the plan under review,
b
when appropriate, revise or replace the plan, and
c
publish the plan and any revised or replacement plan.
3
In section 215 (use of intervention powers), after subsection (1) insert—
1A
In determining whether the regulator has complied with subsection (1) in relation to its power to arrange for inspections under section 201(1), a plan published under section 201A may be taken into account.
I2930Action after inspection
1
The Housing and Regeneration Act 2008 is amended as follows.
2
In section 202 (inspections: supplemental), omit subsections (1) to (3).
3
In section 203(12) (definition of “inspector”), after “this section” insert “and section 203A”
.
4
After section 203 insert—
203AAction after inspection
1
After an inspection of a registered provider is carried out by an inspector under section 201, the inspector must produce—
a
a written summary of the inspector’s findings, and
b
a written report about any matters specified by the regulator.
2
The summary and any report must be in the form specified by the regulator.
3
The regulator may specify matters, or the form of a summary or report, for the purposes of inspections generally or for the purposes of a particular inspection or description of inspection.
4
The regulator must give the registered provider a copy of the summary of the inspector’s findings.
5
The regulator must also give the registered provider—
a
a copy of the inspector’s report, or
b
a notice confirming that no matters were specified for the purposes of subsection (1)(b).
6
The regulator may publish—
a
all or part of the summary of the inspector’s findings,
b
(where relevant) all or part of the inspector’s report, and
c
related information.
I3031Performance improvement plans
1
The Housing and Regeneration Act 2008 is amended as follows.
2
After section 218 insert—
Performance improvement plans
218APerformance improvement plan notice
1
The regulator may give a registered provider a notice (a “performance improvement plan notice”) if the regulator is satisfied that—
b
c
the registered provider has failed to comply with directions or a request under section 198C,
d
the interests of the tenants of social housing of the registered provider require protection, or
e
the registered provider has given an undertaking under section 125 and failed to comply with it.
2
A performance improvement plan notice must—
a
specify on which of the grounds mentioned in subsection (1) it is given,
b
identify the issues which led the regulator to be satisfied of those grounds,
c
require the registered provider to prepare and submit to the regulator a plan (a “performance improvement plan”) setting out the action the provider will take to address the issues identified,
d
specify the date by which the performance improvement plan must be submitted to the regulator,
e
require the registered provider to publish a performance improvement plan if it is approved by the regulator and specify the manner of such publication, and
3
The regulator may withdraw a performance improvement plan notice by notice to the registered provider.
4
If a registered provider fails to comply with a performance improvement plan notice the regulator must consider exercising another power under this Chapter or Chapter 6.
218BPerformance improvement plans
1
The regulator must—
b
reject it, giving reasons for doing so.
2
A registered provider must implement in full a performance improvement plan that has been approved by the regulator.
3
If a performance improvement plan is rejected, the registered provider will be taken to have failed to comply with the performance improvement plan notice.
4
If a tenant of social housing of a registered provider makes a written request to the provider for a copy of the provider’s performance improvement plan which has been approved by the regulator, the registered provider must provide the tenant with a copy as soon as reasonably practicable.
218CCancellation of performance improvement plan
1
The regulator may, by notice to a registered provider, cancel a performance improvement plan which it has approved.
2
Notice under subsection (1) must specify the date (the “cancellation date”) on which the cancellation takes effect (which may be a date before the notice is given).
3
If a performance improvement plan is cancelled in accordance with subsection (1) the duties mentioned in subsection (4) cease to apply (or are treated as having ceased to apply) from the cancellation date.
But this does not affect any action taken (or being taken) by the regulator in relation to a breach of such a duty before the cancellation date.
4
The duties are—
a
218DAppeals
1
A registered provider may appeal to the High Court against a decision of the regulator to give the provider a performance improvement plan notice.
2
An appeal under this section must be brought within the period of 28 days beginning with the day on which the registered provider is given the notice.
3
The requirement to prepare and submit a performance improvement plan is suspended during the appeal period.
4
The “appeal period” means—
a
where an appeal is brought, the period beginning with the day on which the performance improvement plan notice is given and ending with the day on which the appeal is finally determined or withdrawn, and
b
otherwise, the period during which an appeal could be brought.
5
But where a performance improvement plan has been approved under section 218B an appeal under this section does not suspend—
a
3
In section 220 (grounds for giving enforcement notice), before subsection (12) (but after the subsection (11C) inserted by section 27) insert—
11D
Case 14 is where the registered provider has failed to comply with a performance improvement plan notice.
11E
Case 15 is where the registered provider has a performance improvement plan which has been approved by the regulator and has failed to implement it in full.
4
In section 227 (grounds for imposition of a penalty), before subsection (8) (but after the subsection (7C) inserted by section 27) insert—
5
In section 237 (grounds for award of compensation) at the end insert—
6
In section 247 (management tender), in subsection (1), after paragraph (b) insert
, or
c
a registered provider has failed to comply with a performance improvement plan notice.
7
In section 251 (appointment of manager), in subsection (1), after paragraph (b) insert
, or
c
a registered provider has failed to comply with a performance improvement plan notice.
8
I3132Emergency remedial action
After section 225 of the Housing and Regeneration Act 2008 insert—
Emergency remedial action
225AOverview
This group of sections gives the regulator power to authorise persons to enter premises to take specified action to remedy specified failures on the part of registered providers.
225BPower to take emergency remedial action
1
2
Condition 1 is that a survey of the condition of the premises has been carried out under section 199.
3
Condition 2 is that the regulator is satisfied that—
a
the registered provider has failed to maintain the premises in accordance with standards under section 193, and
b
that failure has caused an imminent risk of serious harm to the health or safety of the occupiers of those or other premises.
4
5
6
7
Arrangements for a person other than a member of the regulator’s staff to take emergency remedial action may include provision about payments.
225CEmergency remedial action: power to enter without warrant
1
An authorised person may enter premises at any reasonable time, or times, to take emergency remedial action.
2
The power in subsection (1) may only be exercised if an authorised person has given a pre-entry notice to—
a
if the premises are occupied, the occupier (or any one of the occupiers),
b
if the premises include common parts of a building and there are occupied dwellings in the building that have use of those common parts, the occupier (or any one of the occupiers) of each of those dwellings,
c
the registered provider whose failure to maintain the premises has caused the imminent risk of serious harm, and
d
each person registered in the register kept under section 1 of the Land Registration Act 2002 as the proprietor of a registered estate (within the meaning of that Act) in the premises.
3
A pre-entry notice required by subsection (2) need only be given once in respect of emergency remedial action in relation to premises, even if an authorised person enters the premises on more than one occasion in order to take the emergency remedial action.
4
A “pre-entry notice” is a notice which—
a
identifies the premises to be entered;
b
identifies the failure to maintain the premises which has caused the imminent risk of serious harm;
c
states that a person authorised by the regulator intends to enter the premises;
d
specifies the date (or the first date) that the authorised person proposes to enter the premises to take emergency remedial action;
e
specifies the power under this section as the power under which the authorised person intends to enter the premises;
f
explains the effect of section 225H.
5
A pre-entry notice may state that, if entry to the premises were to be refused, an authorised person would propose to apply for a warrant under section 225E.
6
An authorised person may not enter premises in reliance on a pre-entry notice—
a
before the date (or the first date) specified in the notice, or
b
within 24 hours of giving the notice,
except where the relevant person in respect of the notice consents.
7
In subsection (6), “the relevant person” in respect of the pre-entry notice means—
a
in the case of a pre-entry notice required by subsection (2)(a) or (b), the occupier (or any one of the occupiers) of the premises or dwelling;
b
in the case of a pre-entry notice required by subsection (2)(c) or (d), the person (or each person) to whom a pre-entry notice is required to be given.
8
In this section, “common parts”, in relation to a building, includes the structure and exterior of that building and any common facilities provided (whether or not in the building) for persons who occupy the building.
225DPower under section 225C: supplementary
1
2
3
4
An authorised person entering premises to take emergency remedial action may—
a
be accompanied by such other persons, and
b
take onto the premises such equipment or materials,
as the authorised person thinks necessary for the purposes of taking the emergency remedial action.
5
Equipment or materials taken onto premises by virtue of subsection (4)(b) may be left in a place on the premises until the emergency remedial action has been taken provided that—
a
leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or
b
leaving the equipment or the materials on the premises is necessary for the purposes of taking the emergency remedial action and it is not possible to leave it or them in a place that does not significantly impair the ability of an occupier to use the premises.
6
225EEmergency remedial action: power to enter with warrant
1
This section applies where a justice of the peace is satisfied, on sworn information in writing by an authorised person, that entry to premises specified in the information is reasonably required to take emergency remedial action under section 225B.
2
The justice may issue a warrant authorising the authorised person who is named in it to enter the premises to take emergency remedial action where the justice is satisfied that—
a
entry to the premises has been sought under section 225C but has been refused,
b
the premises are unoccupied or that the occupier is temporarily absent, or
c
there are reasonable grounds to believe that the authorised person will not be able to obtain entry to the premises without a warrant.
3
A warrant under this section authorises the authorised person to enter the premises at any reasonable time, or times, using reasonable force if necessary.
4
A warrant under this section authorises an authorised person entering premises to take onto the premises such equipment or materials as the authorised person thinks necessary for the purposes of taking the emergency remedial action.
5
Equipment or materials taken onto premises by virtue of subsection (4) may be left in a place on the premises until the emergency remedial action has been taken provided that—
a
leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or
b
leaving the equipment or the materials on the premises is necessary for the purposes of taking the emergency remedial action and it is not possible to leave it or them in a place that does not significantly impair the ability of an occupier to use the premises.
6
7
A warrant under this section may authorise persons (“accompanying persons”) to accompany the authorised person.
8
Accompanying persons—
a
have the same powers as the authorised person in respect of execution of the warrant, but
b
must exercise those powers only in the company, and under the supervision, of the authorised person.
9
An authorised person who has entered, or who is seeking to enter, premises under a warrant under this section must produce on request by any person—
a
a copy of the warrant;
10
A warrant under this section continues in force until the emergency remedial action has been taken.
11
If the premises are unoccupied or the occupier is temporarily absent, the authorised person who has entered the premises under a warrant under this section must leave the premises as effectively secured against trespassers as the authorised person found them.
225FOffences
1
A registered provider, or an officer of a registered provider, commits an offence if the provider or officer obstructs an authorised person—
2
A person commits an offence if the person obstructs an authorised person—
a
in exercising a power conferred by a warrant under section 225E, or
3
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
4
Proceedings for an offence under this section may be brought only by or with the consent of—
a
the regulator, or
b
the Director of Public Prosecutions.
225GReclaiming expenses
1
Where the regulator makes arrangements under section 225B, the regulator may by notice require the registered provider concerned to pay to the regulator—
a
such relevant expenses as are specified in the notice;
b
interest on those expenses (see subsection (4)).
2
“Relevant expenses” are—
a
expenses reasonably incurred by the regulator—
i
in deciding whether to make arrangements under section 225B;
ii
in making those arrangements;
iii
in the authorised person taking emergency remedial action;
3
4
Interest may be charged on any sums not paid by the end of the period mentioned in subsection (3) at such reasonable rate as the regulator may determine.
225HAppeals
1
A registered provider may appeal to the High Court against—
2
a
3
4
5
a
I32I17133Extension of powers to charities who have not received public assistance
In the Housing and Regeneration Act 2008 omit—
a
section 209(1) (inquiries);
b
section 256(7) (orders restricting dealings during inquiry);
c
section 257(5) (orders restricting dealings following inquiry);
d
section 259(5) (orders suspending officers etc during inquiry);
e
section 260(4) (orders removing or suspending officers etc following inquiry);
f
section 267(2) (orders removing officers);
g
section 269(6)(a), including the final “and” (orders appointing new officers).
I33I17234Notification of Charity Commission of exercise of enforcement powers
1
The Housing and Regeneration Act 2008 is amended as follows.
2
In section 256 (restrictions on dealings during inquiry), after subsection (6) insert—
6A
If the registered provider is a registered charity, the regulator must notify the Charity Commission if it makes an order under this section.
3
In section 257 (restrictions on dealings following inquiry), after subsection (4) insert—
4A
If the registered provider is a registered charity, the regulator must notify the Charity Commission if it makes an order under this section.
4
5
In section 269 (appointment of new officers), in subsection (6)(b), for “consulted the Charity Commission” substitute “notified the Charity Commission of its intention to do so”
.
I34I17335Exercise of powers: land with a Crown or Duchy interest
Before section 277 of the Housing and Regeneration Act 2008 (but after the heading before that section) insert—
276AExercise of powers: land with a Crown or Duchy interest
1
The powers in Chapters 6 and 7 are exercisable in relation to premises which are on land in which there is a Crown interest or a Duchy interest.
2
A “Crown interest” means—
a
an interest belonging to His Majesty in right of the Crown, or
b
an interest belonging to a government department or held in trust for His Majesty for the purposes of a government department.
3
A “Duchy interest” means an interest belonging to His Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall.
I35I17436Regulatory and enforcement powers: further amendments
Schedule 3 makes further amendments to the regulatory and enforcement powers of the Regulator of Social Housing.
Social housing
I36I17537Leaving the social housing stock: end of lease
1
In section 74 of the Housing and Regeneration Act 2008 (leaving the social housing stock: ending of lease)—
a
in the heading, for “expired” substitute “ending of”
;
b
in subsection (1)(b), for “expires” substitute “determines (whether by effluxion of time or in any other way)”
;
c
for subsection (2) substitute—
2
But subsection (1) does not apply if, immediately before the leasehold interest determines, the lessor was—
a
an associate or subsidiary of the provider, or
b
a registered provider.
2
The amendments in subsection (1) apply in relation to leases granted on or after 10 June 2022.
Meaning of “subsidiary”
I3738Meaning of “subsidiary”
1
In section 271 of the Housing and Regeneration Act 2008 (meaning of subsidiary and associate), for subsections (1) to (5) substitute—
1
A person (“A”) is a subsidiary of another person (“B”) if—
a
A is a subsidiary undertaking in relation to B for the purposes of the Companies Acts (see section 1162 of, and Schedule 7 to, the Companies Act 2006), or
b
A would be a subsidiary undertaking in relation to B for those purposes if “undertaking” were defined for those purposes to mean any person.
2
For the purposes of section 74 of the Housing and Regeneration Act 2008, the amendment in subsection (1) applies in relation to leases granted on or after 10 June 2022.
Appeals
I38I17639Appeals
Schedule 4 makes provision about appeals under the Housing and Regeneration Act 2008.
Housing ombudsman
I17740Housing ombudsman scheme
1
Schedule 2 to the Housing Act 1996 (social rented sector: housing complaints) is amended as follows.
2
In paragraph 2, in sub-paragraph (1), after item 11 insert—
11A
A power of the housing ombudsman to issue a code of practice about the procedures members of the scheme should have in place for considering complaints against them.
11B
A duty of the housing ombudsman to consult—
a
the Regulator of Social Housing,
b
members of the scheme, and
c
individuals who may make complaints under the scheme,
before issuing, revising or replacing any such code.
11C
A duty of the housing ombudsman to monitor compliance with a code of practice described in item 11A that it has issued.
3
In paragraph 2, in sub-paragraph (1), in item 15, for “expenses of the scheme” substitute “costs of the person administering the scheme and the scheme’s housing ombudsman”
.
4
In paragraph 7, after sub-paragraph (2) insert—
2A
Sub-paragraph (2B) applies where during an investigation of a complaint against a member of the scheme, a housing ombudsman identifies that the member’s policies or practices in relation to a matter may give rise to further complaints about that matter.
2B
The housing ombudsman may, in the ombudsman’s determination of the complaint, order the member to review their policy or practice on that matter.
5
In paragraph 11—
a
after sub-paragraph (1) insert—
1ZA
The amount of a subscription payable by a member may be calculated by reference to costs incurred, or likely to be incurred, by the person administering the scheme and the scheme’s housing ombudsman in carrying out any of their functions, including costs unconnected with the member and costs unconnected with the operation of the scheme.
b
in sub-paragraph (1B), for “expenses”, in both places, substitute “costs”
;
c
in sub-paragraph (1C)—
i
for “expenses”, in the first place it occurs, substitute “costs”
;
ii
for “expenses of the scheme” substitute “costs”
.
I17841Power of housing ombudsman to issue guidance to scheme members
1
The Housing Act 1996 is amended as follows.
2
In the italic heading before section 51, for “complaints” substitute “ombudsman”
.
3
After section 51 insert—
51ZAPower of housing ombudsman to issue guidance to scheme members
1
This section applies where a scheme is approved by the Secretary of State under Schedule 2.
2
The housing ombudsman may issue to the members of the scheme guidance as to good practice in the carrying on of housing activities covered by the scheme.
3
Before issuing, revising or replacing guidance under this section, the housing ombudsman must consult—
a
the Regulator of Social Housing,
b
members of the scheme, and
c
individuals who may make complaints under the scheme.
4
If the housing ombudsman issues, revises or replaces guidance under this section, the housing ombudsman must publish the guidance, the revised guidance or (as the case may be) the replacement guidance.
5
Subsection (7) applies if—
a
an individual makes a complaint against a member of the scheme,
b
the complaint is made under the scheme or the conditions in subsection (6) are met in relation to the complaint, and
c
it appears to the housing ombudsman that the complaint relates to a matter to which guidance issued by the ombudsman under this section relates.
6
The conditions referred to in subsection (5)(b) are that—
a
the complaint is made to the member of the scheme,
b
the complaint is one that the individual could subsequently make under the scheme, and
c
the individual has notified the ombudsman about the complaint.
7
The housing ombudsman may order the member of the scheme to—
a
assess whether the member’s policies and practices in relation to the matter mentioned in subsection (5)(c) are consistent with the guidance issued by the ombudsman under this section in relation to that matter, and
b
within a period specified in the order, submit to the ombudsman a written statement of the results of the assessment.
8
If a member of the scheme fails to comply with an order under subsection (7) within the period specified in the order, the housing ombudsman may order the member to publish in such manner as the ombudsman sees fit a statement that the member has failed to comply with the order.
9
If a member of the scheme fails to comply with an order under subsection (8), the housing ombudsman may—
a
take such steps as the ombudsman considers appropriate to publish what the member ought to have published, and
b
recover from the member the costs of doing so.
10
In this section, “the housing ombudsman” means the housing ombudsman appointed in accordance with the scheme.
Social housing leases: remedying hazards
I39I17942Social housing leases: remedying hazards
After section 10 of the Landlord and Tenant Act 1985 insert—
Implied term as to remedying of hazards
10ARemedying of hazards occurring in dwellings let on relevant social housing leases
1
This section applies to a lease of a dwelling if—
a
the dwelling is in England,
b
the lease is a relevant social housing lease, and
c
section 9A—
i
applies to the lease (see section 9B), or
ii
would apply to the lease if the provision in section 9B(3) did not exist.
2
There is implied in the lease a covenant by the lessor that the lessor will comply with all prescribed requirements that are applicable to that lease.
3
The Secretary of State must make regulations which require the lessor under a lease to which this section applies to take action, in relation to prescribed hazards which affect or may affect the leased dwelling, within the period or periods specified in the regulations.
4
Regulations under subsection (3) are enforceable against lessors only through actions for breach of the covenant that is implied by subsection (2).
5
In any proceedings for a breach of the covenant that is implied by subsection (2), it is a defence for the lessor to prove that the lessor used all reasonable endeavours to avoid that breach.
6
For the purposes of this section a lease is a “relevant social housing lease” at any time when—
a
the lessor under the lease is a registered provider of social housing, and
b
the dwelling leased under the lease—
i
is social housing, but
ii
is not low cost home ownership accommodation.
7
In this section and section 10B—
“lease”, “lessor” and “lessee” have the same meanings as in section 9A (see section 9A(9));
“low cost home ownership accommodation” has the meaning given in section 70 of the Housing and Regeneration Act 2008;
“prescribed hazard” has the same meaning as in section 10 (see section 10(2) and (3));
“prescribed requirement” means a requirement prescribed in regulations under subsection (3);
“social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008 (see sections 68 and 72 of that Act).
10BRegulations section 10A: supplementary provision
1
Regulations under section 10A(3) may apply to—
a
leases granted before the day when section 42 of the Social Housing (Regulation) Act 2023 came into force;
b
prescribed hazards which began before that day;
c
only some descriptions of prescribed hazards.
2
Regulations under section 10A(3) may—
a
specify a period that is not of a specific duration (for example a reasonable or appropriate period, including a period decided by the lessor or another person);
b
specify two (or more) periods in relation to particular action.
3
Regulations under section 10A(3) may (in particular)—
a
require the lessor to take particular action, or action that is intended to produce a particular outcome, in relation to a prescribed hazard;
b
require the lessor to take action in relation to a prescribed hazard that is not of itself intended to remedy the hazard, for example by requiring the lessor—
i
to investigate whether or how a prescribed hazard is affecting the leased dwelling, or
ii
to secure that the lessee and any other members of the lessee’s household are provided with alternative accommodation at no cost to them;
c
require the lessor to take action in relation to a prescribed hazard only—
i
in particular circumstances, or
ii
if particular conditions are met;
d
provide that the lessor is not required to take action in relation to a prescribed hazard—
i
in particular circumstances, or
ii
if particular conditions are met.
4
The Secretary of State may by regulations—
a
provide for section 10A not to apply to particular descriptions of leases;
b
make provision, in relation to the covenant that is implied by section 10A(2), which corresponds to any provision made by section 9A(4) to (8).
5
A power to make regulations under section 10A or this section includes power to make—
a
incidental, transitional or saving provision;
b
different provision for different purposes.
6
The power to make transitional or saving provision may (in particular) be used to make provision about situations where the covenant in section 10A(2)—
a
begins to be implied in a lease after its grant because it becomes a relevant social housing lease;
b
ceases to be implied in a lease because it ceases to be a relevant social housing lease (including provision to save the lessor’s liability for any breach of the covenant occurring before it ceases to be implied).
7
Regulations under section 10A or this section are to be made by statutory instrument.
8
A statutory instrument containing regulations under section 10A or this section may not be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.
General
I40I18043Minor and consequential amendments
Schedule 5 contains minor and consequential amendments.
I4144Power to make consequential provision
1
The Secretary of State may by regulations make provision that is consequential on this Act.
2
Regulations under this section may amend, repeal or revoke provision made by or under an Act passed—
a
before this Act, or
b
later in the same session of Parliament as this Act.
3
Regulations under this section—
a
are to be made by statutory instrument;
b
may include different provision for different purposes.
4
A statutory instrument containing (whether alone or with other provision) regulations under this section that amend or repeal provision made by an Act may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
5
Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
I4245Extent
1
2
3
An amendment or repeal has the same extent as the provision amended or repealed.
I4346Commencement
1
The following come into force on the day this Act is passed—
a
section 11;
c
this section;
d
section 47.
2
3
The other provisions of this Act come into force on such day or days as the Secretary of State may by regulations appoint.
4
The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.
5
The power to make regulations under subsection (4) includes power to make different provision for different purposes.
6
Regulations under this section are to be made by statutory instrument.
I4447Short title
This Act may be cited as the Social Housing (Regulation) Act 2023.
Schedules
Schedule 1Limited liability partnerships
Part 1Amendments of the Housing and Planning Act 2016
I45I1811Introductory
Extension of housing administration regime
I462
In section 95 (housing administration orders), in subsection (1), after paragraph (a)(i) insert—
ia
a limited liability partnership,
I473
In section 100 (powers of court: meaning of “relevant officer”), in subsection (7), after paragraph (a) insert—
aa
in relation to a limited liability partnership, means a member of the partnership,
I48I1824Restrictions on insolvency procedures
In section 102 (power to make regulations applying etc insolvency legislation), in subsections (2) and (3), after “relation to” insert “a limited liability partnership,”
.
I495
In section 104 (winding-up orders), after subsection (1)(a) insert—
aa
a limited liability partnership,
I506
In section 105 (voluntary winding up), in subsection (1), after paragraph (a), insert—
aa
a limited liability partnership,
I517
In section 106 (ordinary administration orders)—
a
in subsection (1), in paragraph (a), omit the final “or”;
b
after that paragraph insert—
aa
a limited liability partnership, or
I528
In section 107 (administrator appointments by creditors)—
a
in subsection (1), in paragraph (a), omit the final “or”;
b
after that paragraph insert—
aa
a limited liability partnership, or
I539Interpretation
In section 116 (interpretation of Chapter 5 of Part 2)—
a
in subsection (1), in the definition of “the court”, after “company”, in each place it occurs, insert “, limited liability partnership”
;
b
in subsection (7), after paragraph (a) insert—
aa
in relation to a limited liability partnership, are to that provision as it applies to limited liability partnerships otherwise than by virtue of regulations under section 102 (if at all),
Part 2Amendments of the Housing and Regeneration Act 2008
I54I18310Introductory
I5511Notice of registration or de-registration
In section 120 (notice), in subsection (1)(c), after “charity)” insert “or a limited liability partnership”
.
Accounts
I5612
1
Section 129 (companies exempt from audit) is amended as follows.
2
In the heading, after “companies” insert “or limited liability partnerships”
.
3
In subsection (1)(a), after “charity” insert “or is a limited liability partnership”
.
4
In subsection (2)—
a
after “directors of the company” insert “or members of the limited liability partnership”
;
b
for “company’s”, in both places, substitute “registered provider’s”
;
c
for “which the company” substitute “which the registered provider”
.
5
In subsection (3), for “has the same meaning as in” substitute “means accounts prepared in accordance with”
.
I5713
1
Section 130 (exempt companies: accountant’s report) is amended as follows.
2
In the heading, after “companies” insert “or limited liability partnerships”
.
3
In subsection (2), for “company’s” substitute “registered provider’s”
.
4
In subsection (3)(b), for “company” substitute “registered provider”
.
5
For subsection (6) substitute—
6
In this section and sections 131 and 132—
“firm” means any entity, whether or not a legal person, that is not an individual and includes a body corporate, a corporation sole and a partnership or other unincorporated association;
“body corporate” includes a body incorporated outside the United Kingdom.
I5814
In section 131 (exempt companies: reporting accountant)—
a
in the heading, after “companies” insert “or limited liability partnerships”
;
b
in subsection (1), for “company”, in both places, substitute “registered provider”
.
I5915
1
Section 132 (application of Companies Act) is amended as follows.
2
In subsection (1)—
a
for “company” substitute “registered provider”
;
b
for “company’s” substitute “registered provider’s”
.
3
In subsection (2)(e)—
a
for “454(4)(b)” substitute “454”
;
b
for the words from “provision” to the end substitute “section (revised accounts and reports),”
.
I6016
In section 133 (exempt companies: extraordinary audit)—
a
in the heading, after “companies” insert “or limited liability partnerships”
;
b
in subsections (1), (2) and (4), for “company”, in each place, substitute “registered provider”
.
I61I24417
In section 141 (offences), in subsection (6), omit the words from “not” to the end.
I6218Moratorium on disposal of land
In section 154 (implementation of regulator’s proposals), in subsection (2), after paragraph (aa) insert—
ab
in the case of a limited liability partnership, its members,
I6319Arrangements and reconstructions
In section 160 (arrangements and reconstructions)—
a
in the heading, after “company” insert “and limited liability partnership”
;
b
in subsection (1), after “company” insert “or a limited liability partnership”
.
I6420Meaning of “officer”
In section 270 (meaning of “officer” of a private registered provider), in the Table, after the entry relating to “Registered company” insert—
Limited liability partnership
A member of the limited liability partnership
Schedule 2Amendments to restrictions on insolvency procedures
I651
The Housing and Planning Act 2016 is amended as follows.
I662
In section 104 (winding-up orders), after subsection (2) insert—
2A
A notice under subsection (2) must—
a
be given in writing,
b
be signed by, or on behalf of, the petitioner,
c
specify the date the petition was presented, and
d
contain a copy of the petition.
2B
2C
The Regulator of Social Housing may, by notice in writing to the petitioner, treat the purported notice as notice given under subsection (2)(a) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).
I673
In section 105 (voluntary winding up), after subsection (4) insert—
4A
A notice under subsection (4) must—
a
be given in writing,
b
be signed by, or on behalf of, the registered provider,
c
specify the date the application was made, and
d
contain a copy of the application.
4B
4C
The Regulator of Social Housing may, by notice in writing to the registered provider, treat the purported notice as notice given under subsection (4)(a) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).
I684
In section 106 (ordinary administration orders), after subsection (3) insert—
3A
A notice under subsection (3) must—
a
be given in writing,
b
be signed by, or on behalf of, the person who made the ordinary administration application,
c
specify the date the application was made, and
d
contain a copy of the application.
3B
3C
The Regulator of Social Housing may, by notice in writing to the person who made the ordinary administration application, treat the purported notice as notice given under subsection (3)(a)(i) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).
I695
In section 107 (appointment of administrator)—
a
in the heading, after “creditors” insert “etc”
;
b
in subsection (4)(a)(i) omit the words from “, accompanied” to “1986”;
c
after subsection (4) insert—
4A
A notice under subsection (4) must—
a
be given in writing,
b
be signed by, or on behalf of, the person making the appointment,
c
specify the date the appointment was made, and
d
contain copies of every document in relation to the appointment that is filed or lodged with the court in accordance with paragraph 18 or 29 of Schedule B1 to the Insolvency Act 1986.
4B
4C
The Regulator of Social Housing may, by notice in writing to the person making the appointment, treat the purported notice as notice given under subsection (4)(a)(i) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).
d
in subsection (5) omit “(and a copy of the accompanying documents)”.
I706
In section 108 (enforcement of security)—
a
in subsection (1), omit the words from “that” to the end;
b
after subsection (2) insert—
2A
A notice under subsection (2) must—
a
be given in writing, and
b
be signed by, or on behalf of, the person intending to enforce the security.
2B
2C
The Regulator of Social Housing may, by notice in writing to the person intending to enforce the security, treat the purported notice as notice given under subsection (2)(a) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).
c
omit subsection (3);
d
before subsection (4) insert—
3A
In the case of a registered provider that is a charity registered under the Charities Act 2011 which is not a body corporate, the reference to the property of the registered provider is to the property held on the trusts of the charity (and for this purpose “trusts” has the same meaning as in the Charities Act 2011, see section 353 of that Act).
Schedule 3Regulatory and enforcement powers
I71I1841
The Housing and Regeneration Act 2008 is amended as follows.
I722
In section 201 (inspections) omit subsections (2) and (2A).
I733
In section 206 (inquiry)—
a
for subsection (1) substitute—
1
The regulator may hold an inquiry into the affairs of a registered provider if the regulator suspects that—
a
the affairs of the registered provider may have been mismanaged,
b
the registered provider has failed to meet a standard under section 193, 194 or 194C, or
c
there is a risk that, if no action is taken by the regulator or the registered provider, the registered provider will fail to meet a standard under section 193, 194 or 194C.
b
in subsection (4)(a), for “, employees or consultants” substitute “or employees”
;
c
omit subsection (5).
I744
In section 226 (overview of provisions on penalties) omit “private”.
I755
In section 227 (grounds for imposition of penalty), in subsection (1), omit “private”.
I766
In section 229 (amount of penalty)—
a
in subsection (2), after “penalty” insert “that may be”
;
b
in that subsection, for “may not exceed £5,000” substitute “is unlimited”
;
c
omit subsection (3).
I777
In section 249 (management transfer), in subsection (1)—
a
in paragraph (a), omit “or”;
b
at the end of paragraph (b) insert
, or
c
the registered provider has failed to meet a standard under section 193, 194 or 194C.
I788
In section 251 (appointment of manager of a private registered provider), in subsection (2), in both places, omit “an individual as”.
I799
In section 252 (supplementary provisions about appointment of manager)—
a
for subsection (2) substitute—
2
The registered provider may make representations to the regulator about the notice within the period of 5 days beginning with the day on which the provider receives the notice.
b
after subsection (2) insert—
2A
Unless the registered provider consents, the regulator may not take action under section 251(2) before the expiry of the period within which the provider may make representations.
c
omit subsection (3).
I8010
In section 252A (appointment of advisers to local authorities), in subsection (2)—
a
in the words before paragraph (a), for “thinks” substitute “is satisfied”
;
I8111
In section 253 (transfer of land by private registered provider), in subsection (1)—
a
in paragraph (a), omit “or”;
b
at the end of paragraph (b) insert
, or
c
the registered provider has failed to meet a standard under section 193, 194 or 194C.
I8212
In section 255 (amalgamation), in subsection (1)—
a
in paragraph (a), omit “or”;
b
at the end of paragraph (b) insert
, or
c
the registered provider has failed to meet a standard under section 193, 194 or 194C.
I8313
In section 256 (restrictions on dealings during inquiry)—
a
in subsection (1)(a), for “non-profit” substitute “private”
;
b
in subsection (3), for the words from “that” to the end substitute
that—
a
the affairs of the registered provider have been mismanaged, or
b
the registered provider has failed to meet a standard under section 194.
I8414
In section 257 (restrictions on dealings following inquiry), in subsection (1), for the words from “that” to the end substitute “that—
a
the affairs of a private registered provider have been mismanaged, or
b
a private registered provider has failed to meet a standard under section 194.”
I8515
In section 259 (suspension of officer etc during inquiry)—
a
in subsection (1)(a), for “non-profit” substitute “private”
;
b
in subsection (1)(b), for “either” substitute “any”
;
c
in subsection (3), for the words from “that” to the end substitute
that—
a
the affairs of the registered provider have been mismanaged, or
b
the registered provider has failed to meet a standard under section 193, 194 or 194C.
d
after subsection (3) insert—
3A
Case 3 applies if the regulator is satisfied that an officer, employee or agent of the registered provider is obstructing, or failing to co-operate with, the inquiry.
e
for subsection (4) substitute—
4
The regulator may by order—
a
where Case 1 or Case 2 applies, suspend any officer, employee or agent of the registered provider who it thinks has contributed to the mismanagement or failure, or
b
where Case 3 applies, suspend the officer, employee or agent who it thinks is obstructing, or failing to co-operate with, the inquiry.
I8616
In section 260 (removal or suspension of officer etc following inquiry)—
a
in subsection (1), for the words from “that” to the end substitute
that—
a
the affairs of a private registered provider have been mismanaged, or
b
a private registered provider has failed to meet a standard under section 193, 194 or 194C.
b
in subsection (2), for the words from “who” to the end substitute
who—
a
it thinks has contributed to the mismanagement or failure, or
b
it thinks obstructed, or failed to co-operate with, the inquiry under section 206.
I8717
In section 266 (removal of officers)—
a
in subsection (1), for “non-profit” substitute “private”
;
b
after subsection (8) insert—
9
Case 8 applies to a person who is obstructing the regulator, or failing to co-operate with the regulator, in the performance of the regulator’s functions under this Part.
I8818
In section 269 (appointment of new officers)—
a
in subsection (1), for “non-profit” substitute “private”
;
b
in subsection (1)(b), omit “or”;
c
after subsection (1)(b) insert—
ba
in the case of a registered provider which is a registered charity, registered society or registered company, if none of the officers is a board member,
bb
if the regulator is satisfied that the registered provider has failed to meet a standard under section 193, 194 or 194C, or
d
after subsection (1) insert—
1A
In subsection (1)(ba), “board member” means—
a
in the case of a registered charity which is not a registered company, a charity trustee within the meaning given by section 177 of the Charities Act 2011;
b
in the case of a registered society, a member of its committee within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014;
c
in the case of a registered company, a director within the meaning given by section 250 of the Companies Act 2006.
I239e
in subsection (4)(a)—
i
leave out “on expiry”;
ii
after “appointment” insert “(on any number of occasions)”
.
I8919
In section 269A (local authorities: censure during or following inquiry)—
a
in subsection (3), for the words from “that” to the end substitute
that—
a
the affairs of the authority have been mismanaged, or
b
the authority has failed to meet a standard under section 193, 194 or 194C.
b
in subsection (4), for the words from “that” to the end substitute
that—
a
the affairs of the authority have been mismanaged, or
b
the authority has failed to meet a standard under section 193, 194 or 194C.
I9020
In section 269B (response to censure notice), in subsection (2)(c), after “mismanaged” insert “or it has failed to meet the standard (as the case may be).”
Schedule 4Appeals
I91I1851
The Housing and Regeneration Act 2008 is amended as follows.
I92I1862
In section 115 (profit-making and non-profit organisations), in subsection (9), at the end insert “and notify the body it has done so.”
I93I1873
In section 116 (voluntary registration), after subsection (2) insert—
2A
The regulator must notify a body of the outcome of its application.
I94I1884
1
Section 118 (compulsory de-registration) is amended as follows.
2
For subsection (2) substitute—
2
Before acting under subsection (1)(a), (aa) or (b) the regulator must—
a
give the private registered provider a notice—
i
warning the provider that the regulator is considering action under the provision concerned, and
ii
specifying a period (which must be at least 14 days beginning with the day the provider receives the notice) within which the provider may make representations, and
b
consider any representations made during that period.
3
For subsection (3) substitute—
3
The regulator must notify a private registered provider of a decision to remove it from the register under subsection (1)(a), (aa) or (b).
I95I1895
1
Section 121 (registration decisions: appeals) is amended as follows.
2
In subsection (1)—
a
in paragraph (b), after “it” insert “under section 118(1)”
;
b
in that paragraph, omit “or”;
c
at the end of paragraph (c) insert—
d
to designate it as a non-profit organisation or as a profit-making organisation (as the case may be), or
e
to change its registered designation.
3
After subsection (1) insert—
1A
An appeal under this section must be brought within the period of 28 days beginning with the day on which the body is notified of the decision it is appealing.
4
In subsection (2), for “while an appeal is pending” substitute “during the appeal period”
.
5
After subsection (2) insert—
2A
The “appeal period” means—
a
where an appeal is brought, the period beginning with the day on which notice of the decision appealed against is given and ending with the day on which the appeal is finally determined or withdrawn, and
b
otherwise, the period during which an appeal could be brought.
2B
I96I1906
In section 223 (enforcement notice: appeal)—
a
the existing text becomes subsection (1);
b
after that subsection insert—
2
An appeal under this section must be brought within the period of 28 days beginning with the day on which the registered provider is given the enforcement notice.
I97I1917
In section 235 (penalty notice: appeals)—
a
the existing text becomes subsection (1);
b
after that subsection insert—
2
An appeal under this section must be brought within the period of 28 days beginning with the day on which the registered provider is given the penalty notice.
3
The requirement to pay the penalty is suspended during the appeal period.
4
Regulations under section 234(2) may not authorise the regulator to—
a
charge interest in respect of the appeal period, or
b
impose additional penalties during that period.
5
The “appeal period” means—
a
where an appeal is brought, the period beginning with the day on which the penalty notice is given and ending with the day on which the appeal is finally determined or withdrawn, and
b
otherwise, the period during which an appeal could be brought.
I98I1928
In section 245 (compensation notice: appeals)—
a
the existing text becomes subsection (1);
b
after that subsection insert—
2
An appeal under this section must be brought within the period of 28 days beginning with the day on which the registered provider is given the compensation notice.
3
The requirement to pay the compensation is suspended during the appeal period.
4
Regulations under section 244(2) may not authorise the regulator to—
a
award interest in respect of the appeal period, or
b
award additional compensation during that period.
5
The “appeal period” means—
a
where an appeal is brought, the period beginning with the day on which the compensation notice is given and ending with the day on which the appeal is finally determined or withdrawn, and
b
otherwise, the period during which an appeal could be brought.
I99I1939
In section 247 (management tender), in subsection (2), after “may” insert “by notice”
.
I100I19410
In section 248 (management tender: procedure and appeals), after subsection (9) insert—
10
An appeal under this section must be brought within the period of 28 days beginning with the day on which the regulator notifies the registered provider of the imposition of a requirement on the provider under section 247(2).
I101I19511
In section 249 (management transfer), in subsection (2), after “may” insert “by notice”
.
I102I19612
In section 250 (management transfer: procedure and appeals), after subsection (9) insert—
10
An appeal under this section must be brought within the period of 28 days beginning with the day on which the regulator notifies the registered provider of the imposition of a requirement on the provider under section 249(2).
I103I19713
In section 251 (appointment of manager), in subsection (2), after “may” insert “by notice to the registered provider”
.
I104I19814
In section 252 (appointment of manager: procedure and appeals), after subsection (9) insert—
10
An appeal under this section must be brought within the period of 28 days beginning with the day on which—
a
the regulator notifies the registered provider of an appointment made under section 251(2)(a) (in the case of an appeal against an appointment), or
b
the regulator notifies the registered provider of the imposition of a requirement on the provider under section 251(2)(b) (in the case of an appeal against a requirement).
I105I19915
In section 259 (suspension of officer etc during inquiry), after subsection (7) insert—
7A
If the regulator makes an order, the regulator must—
a
take all reasonable steps to notify the person suspended, and
b
notify the registered provider.
I106I20016
In section 260 (removal or suspension of officer etc following inquiry), after subsection (5) insert—
5A
If the regulator makes an order, the regulator must—
a
take all reasonable steps to notify the person removed or suspended, and
b
notify the registered provider.
I107I20117
In section 267 (removal of officers: supplemental), after subsection (1) insert—
1A
If the regulator makes an order, the regulator must—
a
take all reasonable steps to notify the person removed, and
b
notify the registered provider.
I108I20218
In section 268 (removal or suspension of officer etc: appeals)—
a
the existing text becomes subsection (1);
b
after that subsection insert—
2
An appeal under this section must be brought within the period of 28 days beginning with the day on which the registered provider concerned is notified of the removal or suspension.
Schedule 5Minor and consequential amendments
Part 1Housing and Regeneration Act 2008
I109I2031
I110I2042
In section 60 (structural overview) omit subsection (4).
I111I2053
In section 74A (leaving the social housing stock: private providers), in subsection (1), in both places, omit “of social housing”.
I112I2064
In section 79 (English bodies), omit subsections (2) to (5).
I113I2075
In section 92K (fundamental objectives), in subsections (2)(a) and (3)(d), omit “of social housing”.
I114I2086
In section 96 (evidence), in paragraph (d), for “an ombudsman appointed by virtue of section 124” substitute “a housing ombudsman”
.
I115I2097
In section 112 (eligibility for voluntary registration)—
a
for subsection (1) substitute—
1
A body is eligible for registration if—
a
it is an English body, and
b
it satisfies the following conditions.
b
omit subsection (5).
I116I2108
Omit section 113.
I117I2119
In section 114 (registration of local authorities)—
a
omit subsection (1);
b
in subsection (2), after “require” insert “or permit”
;
c
in subsection (3)—
i
at the end of paragraph (a) insert “and”
;
ii
in paragraph (b), omit “and”;
iii
omit paragraph (c);
d
in subsection (5)—
i
omit paragraph (a);
ii
in paragraph (b), omit “(1) or”.
I118I21210
In section 114A (local authorities: duty to notify), in subsection (1) omit “in England”.
I119I21311
In section 122 (payments to members etc), in subsection (6), for “registered company or registered society” substitute “registered provider”
.
I120I21412
In section 135 (charity accounts), in subsection (1), omit “non-profit”.
I12113
In section 153 (moratorium: process for proposals)—
a
in subsection (2)(a) omit “and its officers”;
b
in subsection (6)(a) omit “and its officers”.
I12214
Before section 169A (but after the heading before that section) insert—
169ZAApplication of rules about notification of constitutional changes
This group of sections does not apply to local authorities.
I12315
In section 169D (directions about notifications)—
a
for “169C”, in both places, substitute “169CD”
;
b
in subsection (1)(a), omit “private”.
I12416
In section 192 (overview of Chapter 6)—
a
in paragraph (a), for “to 198B” substitute “to 198”
;
I240b
in paragraph (b), for “to 210” substitute “to 210A”
;
I240c
in paragraph (d) omit “about the submission of information and opinions relating to registered providers and”.
I125I21517
In section 193 (standards relating to consumer matters)—
a
in subsection (1), after “extent” insert “, safety, energy efficiency”
;
b
in subsection (2)(f), for “and informing tenants” substitute “tenants and providing them with information in connection with such consultation”
;
c
in subsection (2), after paragraph (h) insert—
ha
policies and procedures in connection with behaviour which amounts to domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act),
d
omit subsection (3).
I126I21618
In section 194 (standards relating to economic matters), omit subsection (3).
I127I21719
In section 197 (direction by Secretary of State), in subsection (2)(a), after “quality” insert “, safety or energy efficiency”
.
I128I21820
In section 198 (supplemental provisions about standards), after subsection (5) insert—
6
In setting standards the regulator must have regard to the desirability of registered providers being free to choose how to provide services and conduct business.
I12921
In section 203(3) (inspector’s powers), for “107(3) to (7)” substitute “107(2A) to (4) and (5) to (7)”
.
I13022
In section 208(4) (inquirer’s powers), for “107(3) to (7)” substitute “107(2A) to (4) and (5) to (7)”
.
I13123
In section 215 (guidance about use of intervention powers) omit—
I241a
subsection (1)(a) (including the final “and”);
I241b
subsection (2);
c
subsection (2A).
I132I21924
In section 216 (consultation), in paragraph (b), at the end insert “of social housing”
.
I133I22025
In section 217 (accreditation)—
a
in subsection (4)(b), after “193” insert “or 194A”
;
b
in subsection (6), after “193” insert “or 194A”
.
I13426
In section 218 (exercise of enforcement powers)—
a
in subsection (1), for “Subsection (2)” substitute “This section”
;
b
in subsection (2), after paragraph (d) insert—
e
whether the failure or other problem is serious or trivial.
c
omit subsections (3) and (4).
I135I22127
In section 220 (grounds for giving enforcement notice)—
a
in subsection (2) omit “applicable to it”;
b
in subsection (11), for “an ombudsman appointed by virtue of section 124” substitute “a housing ombudsman”
;
c
omit subsection (11A).
I136I22228
In section 227 (grounds for imposition of a penalty), omit subsection (7A).
I137I22329
In section 237 (grounds for award of compensation), omit subsection (4).
I138I22430
In section 239 (housing ombudsman compensation), in subsection (1), for “an ombudsman appointed by virtue of section 124” substitute “a housing ombudsman”
.
I139I22531
In section 242 (warning before giving compensation notice), in subsection (2), for “person appointed by virtue of section 124 as the ombudsman” substitute “housing ombudsman”
.
I140I22632
In section 247 (grounds for requiring management tender), in subsection (1)—
a
in paragraph (a), omit “applicable to it”;
b
omit paragraph (aa) (including the final “or”).
I141I22733
In section 251 (grounds for appointing manager), in subsection (1), omit paragraph (aa) (including the final “or”).
I14234
In section 256 (restrictions on dealings during an inquiry), in subsection (2), for “has reasonable grounds for believing” substitute “is satisfied”
.
I143I22835
In section 258 (restrictions on dealings: supplemental), in subsection (3), omit the words from “not” to the end.
I14436
In the heading immediately before section 259, omit “non-profit”.
I14537
In section 259 (suspension during inquiry), in subsection (2), for “has reasonable grounds for believing” substitute “is satisfied”
.
I146I22938
In section 264 (offence of acting as an officer while disqualified), in subsection (2)(a), omit “not exceeding the statutory maximum”.
I14739
In section 269 (appointment of new officers), in subsection (1)(c), for “thinks” substitute “is satisfied”
.
I14840
In section 269A (local authorities: censure during or following inquiry), in subsection (2), for “has reasonable grounds for believing” substitute “is satisfied”
.
I149I23041
Omit section 274 (definition of charities that have “received public assistance”).
I150I23142
In section 275 (general), for the definition of “local authority” substitute—
“local authority” means—
- a
the council of a county in England,
- b
a district council,
- c
a London borough council,
- d
the Common Council of the City of London, or
- e
the Council of the Isles of Scilly;
I15143
In section 276 (index of defined terms)—
a
b
I242c
omit the entry relating to “received public assistance (charities)”.
I152I23244
After section 276A (inserted by section 35) insert—
276BData protection
1
This section applies to a duty or power to process information where the duty or power is imposed or conferred by or by virtue of any provision of this Part.
2
A duty or power to which this section applies does not operate to require or authorise the processing of information which would contravene the data protection legislation (but the duty or power is to be taken into account in determining whether the processing would contravene that legislation).
3
In this section “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
I153I23345
In section 278A (power to nominate bodies for consultation purposes), in subsection (1), omit paragraph (b).
I15446
In section 320 (orders and regulations), in subsection (7)(a), for “, 122 and 229” substitute “and 122”
.
Part 2Other Acts
I15547
In Schedule 17 to the Localism Act 2011 (regulation of social housing) omit—
I243a
paragraph 6;
b
paragraph 15(4);
c
paragraph 17.
I156I23448
Omit section 30 of the Welfare Reform and Work Act 2016.
I157I23549
1
Section 2 of the Leasehold Reform (Ground Rent) Act 2022 (excepted leases) is amended as follows.
2
In subsection (7)(a) omit “within the meaning of section 79 of the Housing and Regeneration Act 2008”.
3
After subsection (7) insert—
7A
A “community land trust” means a body corporate which satisfies the conditions in subsection (7B); and in those conditions “local community” means the individuals who live or work, or want to live or work, in a particular area.
7B
The conditions are—
a
that the body is established for the express purpose of furthering the social, economic and environmental interests of a local community by acquiring and managing land and other assets in order—
i
to provide a benefit to the local community, and
ii
to ensure that the assets are not sold or developed except in a manner which the trust’s members think benefits the local community, and
b
that the body is established under arrangements which are expressly designed to ensure that—
i
any profits from its activities will be used to benefit the local community (otherwise than by being paid directly to members);
ii
individuals who live or work in the particular area have the opportunity to become members of the trust (whether or not others can also become members), and
iii
the members of the trust control it.