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Part 2E+WRegulation of Social Housing

Modifications etc. (not altering text)

Chapter 3E+WRegistration

EligibilityE+W

112[F1Eligibility for voluntary registration]E+W

(1)An English body is eligible for registration if—

(a)it satisfies the following conditions, and

(b)it does not fall within the exceptions in section 113.

(2)Condition 1 is that the body—

(a)is a provider of social housing in England, or

(b)intends to become a provider of social housing in England.

(3)Condition 2 is that the body satisfies any relevant criteria set by the regulator as to—

(a)its financial situation,

(b)its constitution, and

(c)other arrangements for its management.

(4)Before setting criteria the regulator must consult—

F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3(aa)the Greater London Authority,]

(b)one or more bodies appearing to it to represent the interests of [F4private registered providers],

[F5(ba)any body for the time being nominated under section 278A,]

and

(c)one or more [F6other] bodies appearing to it to represent the interests of tenants.

[F7(5)Section 114 deals with bodies falling within the exceptions in section 113.]

Textual Amendments

Commencement Information

I1S. 112(1)(2) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

I2S. 112(3)(4) in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1) (with art. 3(3)(4))

I3S. 112(3)(4) in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

113[F8Section 112: exceptions]E+W

(1)This section sets out the exceptions to section 112(1).

(2)Exception 1 is a local housing authority.

(3)Exception 2 is a county council.

F9(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I4S. 113(1)-(4) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

114Registration of local authoritiesE+W

(1)The Secretary of State may by order—

(a)repeal section 113, or

(b)amend it so as to permit the registration of specified classes of local authority.

(2)The Secretary of State may by order require the regulator to register—

(a)a specified local authority, or

(b)a specified class of local authority.

(3)Registration under subsection (2)—

(a)takes effect in accordance with any provision of the order about timing or other procedural or incidental matters,

(b)does not require an application for registration, and

(c)may apply to a local authority whether or not it is eligible for registration by virtue of subsection (1).

(4)If the Secretary of State thinks it necessary or desirable in connection with the registration of local authorities, the Secretary of State may by order—

(a)provide for a provision of this Part or any other enactment not to apply in relation to registered local authorities;

(b)provide for a provision of this Part or any other enactment to apply with specified modifications in relation to registered local authorities;

(c)amend a provision of this Part or any other enactment.

(5)In this section—

(a)“local authority” means an authority or person to whom section 113 applies or has applied, and

(b)“registered local authorities” means authorities or persons who are registered, registrable or to be registered as a result of an order under subsection (1) or (2) above.

(6)Before making an order under this section the Secretary of State shall consult—

(a)any authority or person likely to be affected by it, and

(b)such other persons as the Secretary of State thinks fit.

Commencement Information

I5S. 114 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I6S. 114 in force at 7.9.2009 for E. in so far as not already in force by S.I. 2009/2096, art. 2(1)

[F12114ALocal authorities: duty to notifyE+W

(1)A local authority in England which is not subject to compulsory registration must notify the regulator as soon as it becomes subject to compulsory registration.

(2)For these purposes, an authority is subject to compulsory registration if—

(a)it is a provider of social housing, or

(b)it intends to become a provider of social housing.]

Textual Amendments

115Profit-making and non-profit organisationsE+W

(1)Each entry in the register shall designate the body registered as either—

(a)a non-profit organisation, or

(b)a profit-making organisation.

(2)A body is a non-profit organisation if it is a registered or non-registrable charity.

(3)A body is also a non-profit organisation if it satisfies the following conditions.

(4)Condition 1 is that the body—

(a)does not trade for profit, or

(b)is prohibited by its constitution from issuing capital with interest or dividend at a rate exceeding that prescribed under section 1(1)(b) of the Housing Associations Act 1985 (c. 69).

(5)Condition 2 is that a purpose of the body is the provision or management of housing.

(6)Condition 3 is that any other purposes of the body are connected with or incidental to the provision of housing.

(7)The Secretary of State may make regulations providing that a specified purpose is to be, or not to be, treated as connected with or incidental to the provision of housing.

(8)A body which is not a non-profit organisation under subsection (2) or (3) is a profit-making organisation.

(9)If the regulator thinks that what was a profit-making organisation has become a non-profit organisation, the regulator must change the registered designation accordingly.

[F13(10)Subsection (1) does not apply to the entry of a local authority in the register (and, accordingly, references to “profit-making” and “non-profit” in connection with a registered provider do not refer to a local authority).]

Textual Amendments

Commencement Information

I7S. 115 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)