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Part IU.K. Social Rented Sector

Modifications etc. (not altering text)

C1Part I (ss. 1-64) amended (1.10.1996) by S.I. 1996/2325, art.3

C2Pt. 1: The system of "registered social landlords" under this Part is replaced (8.9.2008 for specified purposes and 1.12.2008, 16.2.2009, 1.4.2009, 7.9.2009 and 1.4.2010 for further purposes) by Housing and Regeneration Act 2008 (c. 17), Pt. 2. This Part continues to apply in relation to Wales with certain provisions applied in relation to England and certain provisions preserved although they apply to England only, see s. 60 of the affecting Act; S.I. 2008/2358, art. 3; S.I. 2008/3068, art. 3 (with arts. 6-13); S.I. 2009/363, art. 2; S.I. 2009/803, art. 7; S.I. 2009/2096, art. 2(1); S.I. 2010/862, art. 2 (with Sch.)

Chapter VU.K. Miscellaneous and general provisions

Housing complaintsE+W

51 Schemes for investigation of complaints.E+W

(1)The provisions of Schedule 2 have effect for the purpose of enabling tenants and other individuals to have complaints against social landlords investigated by a housing ombudsman in accordance with a scheme approved by the Secretary of State.

(2)For the purposes of that Schedule a “social landlord” means—

(a)a registered social landlord [F1or a body which was at any time a registered social landlord];

(b)a transferee of housing pursuant to [F2

(i)a large scale disposal, within the meaning of section 34 of the Housing Act 1985, for which consent was required under section 32 or 43 of that Act; or

(ii)a qualifying disposal that was made] under section 135 of the M1Leasehold Reform, Housing and Urban Development Act 1993;

(c)a body which has acquired dwellings under Part IV of the M2Housing Act 1988 (change of landlord: secure tenants); or

(d)any other body which was at any time registered with the [F3Housing Corporation, or with Housing for Wales,] and which owns or manages publicly-funded dwellings.

(3)In subsection (2)(d) a “publicly-funded dwelling” means a dwelling which was—

(a)provided by means of a grant under—

(b)acquired on a disposal by a public sector landlord.

(4)The Secretary of State may by order add to or amend the descriptions of landlords who are to be treated as social landlords for the purposes of Schedule 2.

(5)Before making any such order the Secretary of State shall consult such persons as he considers appropriate.

(6)Any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F4(7)This section shall not apply in relation to social landlords in Wales (within the meaning given by [F5 section 41 of the Public Services Ombudsman (Wales) Act 2005 ] ).]

Textual Amendments

F1Words in s. 51(2)(a) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 90(a) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F3Words in s. 51(2)(d) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 90(b) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Modifications etc. (not altering text)

Commencement Information

I1S. 51 wholly in force 1.4.1997; s. 51 not in force at Royal Assent see s. 232(3); s.51 in force for certain purposes at 1.8.1996 by S.I. 1996/2048, art. 2; s. 51(1) in force so far as not already in force and 51(2)-(6) in force at 1.4.1997 by S.I. 1997/618, art. 2 (subject to the limitation in (2) of that art.)

Marginal Citations

F7F8[F651A Social Housing Ombudsman for WalesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6Ss. 51A-51C inserted (18.11.2004 for specified purposes) by Housing Act 2004 (c. 34), ss. 228, 270(2)(b)

F8Ss. 51A-51C inserted (18.11.2004 for specified purposes, 14.7.2005 in so far as not already in force) by Housing Act 2004 (c. 34), ss. 228(2), 270(2)(b); S.I. 2005/1814, arts. 1(2), 2(c)

F7F851BInvestigation of complaintsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6Ss. 51A-51C inserted (18.11.2004 for specified purposes) by Housing Act 2004 (c. 34), ss. 228, 270(2)(b)

F8Ss. 51A-51C inserted (18.11.2004 for specified purposes, 14.7.2005 in so far as not already in force) by Housing Act 2004 (c. 34), ss. 228(2), 270(2)(b); S.I. 2005/1814, arts. 1(2), 2(c)

F7F851C]Meaning of “social landlord in Wales”E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6Ss. 51A-51C inserted (18.11.2004 for specified purposes) by Housing Act 2004 (c. 34), ss. 228, 270(2)(b)

F8Ss. 51A-51C inserted (18.11.2004 for specified purposes, 14.7.2005 in so far as not already in force) by Housing Act 2004 (c. 34), ss. 228(2), 270(2)(b); S.I. 2005/1814, arts. 1(2), 2(c)

Orders and determinationsE+W

52 General provisions as to orders.E+W

(1)The following provisions apply to any power of the Secretary of State under [F9section 2, 17, [F10 27A, ] 39, 51 or 55 or Schedule 2] to make an order.

(2)An order may make different provision for different cases or descriptions of case.

This includes power to make different provision for different bodies or descriptions of body, different provision for different housing activities and different provision for different areas.

(3)An order may contain such supplementary, incidental, consequential or transitional provisions and savings as the Secretary of State considers appropriate.

Textual Amendments

F9Words in s. 52(1) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para.91 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F10Word in s. 52(1) inserted (6.4.2006 for E.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 41; S.I. 2006/1060, art. 2(1)(d) (with Sch.)

53 General provisions as to determinations.E+W

(1)The following provisions apply to determinations of the [F11Housing Corporation] or the Secretary of State under this Part.

(2)A determination may make different provision for different cases or descriptions of case.

This includes power to make—

(a)different provision for different registered social landlords or descriptions of registered social landlord, and

(b)different provision for different housing activities and different provision for different areas;

and for the purposes of paragraph (b) descriptions may be framed by reference to any matters whatever, including in particular, in the case of housing activities, the manner in which they are financed.

(3)In this Part a general determination means a determination which does not relate solely to a particular case.

(4)Before making a general determination, the [F11Housing Corporation] or the Secretary of State shall consult such bodies appearing to them to be representative of registered social landlords as they consider appropriate.

(5)After making a general determination, the [F11Housing Corporation] or the Secretary of State shall publish the determination in such manner as they consider appropriate for bringing the determination to the notice of the landlords concerned.

54 Determinations of the [Housing Corporation] requiring approval.E+W

The [F12Housing Corporation shall not make—

(a)a general determination under paragraph 16 of Schedule 1 (accounting and audit requirements for registered social landlords) or section 18 (social housing grant), or

(b)any determination under section 27 (recovery, &c. of social housing grants),[F13or

(c)any determination under section 27B (transfer of property funded by grants under section 27A),]

except with the approval of the Secretary of State.]

Minor and consequential amendmentsU.K.

55 Minor and consequential amendments: Part I.U.K.

(1)The enactments mentioned in Schedule 3 have effect with the minor amendments specified there.

(2)The Secretary of State may by order make such amendments or repeals of any enactment as appear to him necessary or expedient in consequence of the provisions of this Part.

(3)Any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Commencement Information

I2S. 55 wholly in force 1.4.1997; s. 55 not in force at Royal Assent see s. 232(3); s. 55(1) in force for certain purposes and s. 55(2)(3) wholly in force at 1.8.1996 by S.I. 1996/2048, artS. 2, 4; s. 55(1) in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 3 (subject to the transitional provisions and savings in Sch. para. 1) and in force at 1.4.1997 to the extent it is not already in force by S.I. 1997/618, art. 2 (subject to the limitation in (2) of that art.)

InterpretationE+W

56 Meaning of “the [F14Relevant Authority]”.E+W

(1)In this Part “the [F14Relevant Authority]” means the Housing Corporation or [F15the Secretary of State], as follows.

(2)In relation to a registered social landlord, or a body applying for such registration, which is—

(a)a registered charity which has its address for the purposes of registration by the [F16Charity Commission] in Wales,

(b)an industrial and provident society which has its registered office for the purposes of the M5Industrial and Provident Societies Act 1965 in Wales, or

(c)a company registered under [F17the Companies Act 2006] which has its registered office for the purposes of that Act in Wales,

the [F14Relevant Authority]” means [F15the Secretary of State].

(3)In relation to any other registered social landlord or body applying for such registration, “the [F14Relevant Authority]” means the Housing Corporation.

(4)Nothing in this Part shall be construed as requiring the Housing Corporation and [F15the Secretary of State] to establish the same criteria for registration as a social landlord, or otherwise to act on the same principles in respect of any matter in relation to which they have functions under this Part.

Textual Amendments

F14Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F15Words in s. 56(1)(2)(4) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para.94 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F16Words in s. 56(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 190; S.I. 2007/309, art. 2, Sch.

Modifications etc. (not altering text)

Marginal Citations

57 Definitions relating to industrial and provident societies.E+W

(1)In this Part, in relation to an industrial and provident society—

(2)Any reference in this Part to a member of the committee of an industrial and provident society includes a co-opted member.

Textual Amendments

F18Definition of “appropriate registrar” in s. 57(1) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 356(1)

58 Definitions relating to charities.E+W

(1)In this Part—

(a)“charity” and “trusts”, in relation to a charity, have the same meaning as in the M6Charities Act 1993, and “trustee” means a charitable trustee within the meaning of that Act; and

(b)registered charity” means a charity which is registered [F19in accordance with section 3A] of that Act F20....

(2)References in this Part to [F21a company] do not include a company which is a registered charity, except where otherwise provided.

Textual Amendments

F19Words in s. 58(1)(b) substituted (31.1.2009) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 191(a); S.I. 2008/3267, art. 2, Sch. (with arts. 3-27) (as amended: (29.9.2009) by S.I. 2009/2648, art. 3; (26.7.2010) by S.I. 2010/1942, art. 2; and (1.8.2011) by S.I. 2011/1725, arts. 1(2), 3, Sch. para. 6)

F20Words in s. 58(1)(b) repealed (31.1.2009) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 191(b), Sch. 9; S.I. 2008/3267, art. 2, Sch. (with arts. 3-27) (as amended: (29.9.2009) by S.I. 2009/2648, art. 3; (26.7.2010) by S.I. 2010/1942, art. 2; and (1.8.2011) by S.I. 2011/1725, arts. 1(2), 3, Sch. para. 6)

Marginal Citations

59 Meaning of “officer” of registered social landlord.E+W

(1)References in this Part to an officer of a registered social landlord are—

(a)in the case of a registered charity which is not [F22a company] , to any trustee, secretary or treasurer of the charity;

(b)in the case of an industrial and provident society, to any officer of the society as defined in section 74 of the M7Industrial and Provident Societies Act 1965; and

(c)in the case of [F23a company (including a company that is a registered charity)] , to any director or other officer of the company within the meaning of [F24the Companies Acts (see sections 250 and 1173(1) of the Companies Act 2006)] .

(2)Any such reference includes, in the case of an industrial and provident society, a co-opted member of the committee of the society.

60 Meaning of “subsidiary”.E+W

(1)In this Part “subsidiary”, in relation to a registered social landlord, means a company with respect to which one of the following conditions is fulfilled—

(a)the landlord is a member of the company and controls the composition of the board of directors;

(b)the landlord holds more than half in nominal value of the company’s equity share capital; or

(c)the company is a subsidiary, within the meaning of [F25the Companies Acts (see section 1159 of the Companies Act 2006)] or the M8Friendly and Industrial and Provident Societies Act 1968, of another company which, by virtue of paragraph (a) or paragraph (b), is itself a subsidiary of the landlord.

(2)For the purposes of subsection (1)(a), the composition of a company’s board of directors shall be deemed to be controlled by a registered social landlord if, but only if, the landlord, by the exercise of some power exercisable by him without the consent or concurrence of any other person, can appoint or remove the holders of all or a majority of the directorships.

(3)In relation to a company which is an industrial and provident society—

(a)any reference in this section to the board of directors is a reference to the committee of management of the society; and

(b)the reference in subsection (2) to the holders of all or a majority of the directorships is a reference—

(i)to all or a majority of the members of the committee, or

(ii)if the landlord is himself a member of the committee, such number as together with him would constitute a majority.

(4)In the case of a registered social landlord which is a body of trustees, references in this section to the landlord are to the trustees acting as such.

61 Meaning of “associate”.E+W

(1)In this Part “associate”, in relation to a registered social landlord, means—

(a)any body of which the landlord is a subsidiary, and

(b)any other subsidiary of such a body.

(2)In this section “subsidiary” has the same meaning as in [F26the Companies Acts (see section 1159 of the Companies Act 2006)] or the M9Friendly and Industrial and Provident Societies Act 1968 or, in the case of a body which is itself a registered social landlord, has the meaning given by section 60.

62 Members of a person’s family: Part I.E+W

(1)A person is a member of another’s family within the meaning of this Part if—

(a)he is the spouse [F27 or civil partner ] of that person, or he and that person live together as husband and wife [F28or as if they were civil partners], or

(b)he is that person’s parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece.

(2)For the purpose of subsection (1)(b)—

(a)a relationship by marriage [F29 or civil partnership ] shall be treated as a relationship by blood,

(b)a relationship of the half-blood shall be treated as a relationship of the whole blood, and

(c)the stepchild of a person shall be treated as his child.

63 Minor definitions: Part I.E+W

(1)In this Part—

(2)References in this Part to the provision of a dwelling or house include the provision of a dwelling or house—

(a)by erecting the dwelling or house, or converting a building into dwellings or a house, or

(b)by altering, enlarging, repairing or improving an existing dwelling or house;

and references to a dwelling or house provided by means of a grant or other financial assistance are to its being so provided directly or indirectly.

64 Index of defined expressions: Part I.E+W

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section)—

appointed person (in relation to inquiry into affairs of registered social landlord)paragraph 20 of Schedule 1
F32. . .F32. . .
associate (in relation to a registered social landlord)section 61(1)
assured tenancysection 230
assured agricultural occupancysection 230
assured shorthold tenancysection 230
charitysection 58(1)(a)
committee member (in relation to an industrial and provident society)section 57(2)
[F33company section 63 (and see section 58(2))]
F34. . .F34. . .
co-operative housing associationsection 63
co-opted member (of committee of industrial and provident society)section 57(1)
F35. . .F35. . .
disposal proceeds fundsection 24
dwellingsection 63
enactmentsection 230
fully mutual housing associationsection 63
hostelsection 63
housesection 63
housing accommodationsection 63
housing activitiessection 63
housing associationsection 230
industrial and provident societysection 2(1)(b)
informationsection 63
leasesection 229
local authoritysection 63
long tenancysection 63
member of familysection 62
modificationssection 63
noticesection 63
officer of registered social landlordsection 59
provision (in relation to dwelling or house)section 63(2)
public sector landlordsection 63
register, registered and registration (in relation to social landlords)section 1
registered charitysection 58(1)(b)
registrar of companiessection 63
[F36the Relevant Authority][section 56]
relevant disposal which is not an exempted disposal (in sections 11 to 14)section 15
secure tenancysection 230
social housing grantsection 18(1)
statutory tenancysection 63
subsidiary (in relation to a registered social landlord)section 60(1)
trustee and trusts (in relation to a charity)section 58(1)(a)