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.)
(1)In this Part “the [F1Relevant Authority]” means the Housing Corporation or [F2the 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 [F3Charity Commission] in Wales,
(b)an industrial and provident society which has its registered office for the purposes of the M1Industrial and Provident Societies Act 1965 in Wales, or
(c)a company registered under [F4the Companies Act 2006] which has its registered office for the purposes of that Act in Wales,
(3)In relation to any other registered social landlord or body applying for such registration, “the [F1Relevant Authority]” means the Housing Corporation.
(4)Nothing in this Part shall be construed as requiring the Housing Corporation and [F2the 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
F1Words 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.
F2Words 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.
F3Words 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.
F4Words in s. 56(2)(c) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(5) (with art. 10)
Modifications etc. (not altering text)
C3S. 56 modified (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 5 (with art. 6, Sch. para. 5(9))
Marginal Citations
(1)In this Part, in relation to an industrial and provident society—
F5. . .
“committee” means the committee of management or other directing body of the society; and
“co-opted member”, in relation to the committee, includes any person co-opted to serve on the committee, whether he is a member of the society or not.
(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
F5Definition of “appropriate registrar” in s. 57(1) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 356(1)
(1)In this Part—
(a)“charity” and “trusts”, in relation to a charity, have the same meaning as in the M2Charities Act 1993, and “trustee” means a charitable trustee within the meaning of that Act; and
(b)“registered charity” means a charity which is registered [F6in accordance with section 3A] of that Act F7....
(2)References in this Part to [F8a company] do not include a company which is a registered charity, except where otherwise provided.
Textual Amendments
F6Words 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)
F7Words 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)
F8Words in s. 58(2) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(2)(c) (with art. 10)
Marginal Citations
(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 [F9a 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 M3Industrial and Provident Societies Act 1965; and
(c)in the case of [F10a company (including a company that is a registered charity)] , to any director or other officer of the company within the meaning of [F11the 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.
Textual Amendments
F9Words in s. 59(1)(a) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(2)(d) (with art. 10)
F10Words in s. 59(1)(c) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(6)(a) (with art. 10)
F11Words in s. 59(1)(c) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(6)(b) (with art. 10)
Marginal Citations
(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 [F12the Companies Acts (see section 1159 of the Companies Act 2006)] or the M4Friendly 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.
Textual Amendments
F12Words in s. 60(1)(c) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(7) (with art. 10)
Marginal Citations
(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 [F13the Companies Acts (see section 1159 of the Companies Act 2006)] or the M5Friendly 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.
Textual Amendments
F13Words in s. 61(2) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(7) (with art. 10)
Marginal Citations
(1)A person is a member of another’s family within the meaning of this Part if—
(a)he is the spouse [F14 or civil partner ] of that person, or he and that person live together as husband and wife [F15or 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 [F16 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.
Textual Amendments
F14Words in s. 62(1)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 51(2)(a); S.I. 2005/3175, art. 2(1), Sch. 1
F15Words in s. 62(1)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 51(2)(b); S.I. 2005/3175, art. 2(1), Sch. 1
F16Words in s. 62(2)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 51(3); S.I. 2005/3175, art. 2(1), Sch. 1
(1)In this Part—
[F17“company” means a company registered under the Companies Act 2006;]
“dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;
“fully mutual”, in relation to a housing association, and “co-operative housing association” have the same meaning as in the M6Housing Associations Act 1985 (see section 1(2) of that Act);
“hostel” means a building in which is provided for persons generally or for a class or classes of persons—
residential accommodation otherwise than in separate and self-contained premises, and
either board or facilities for the preparation of food adequate to the needs of those persons, or both;
“house” includes—
any part of a building occupied or intended to be occupied as a separate dwelling, and
any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;
“housing accommodation” includes flats, lodging-houses and hostels;
“housing activities” means, in relation to a registered social landlord, all its activities in pursuance of the purposes, objects and powers mentioned in or specified under section 2;
“information” includes accounts, estimates and returns;
“local authority” has the same meaning as in the M7Housing Associations Act 1985;
“long tenancy” has the same meaning as in Part V of the M8Housing Act 1985;
“modifications” includes additions, alterations and omissions and cognate expressions shall be construed accordingly;
“notice” means notice in writing;
“public sector landlord” means any of the authorities or bodies within section 80(1) of the Housing Act 1985 (the landlord condition for secure tenancies);
“registrar of companies” has the same meaning as in [F18the Companies Acts (see section 1060 of the Companies Act 2006)] ;
“statutory tenancy” has the same meaning as in the Housing Act 1985.
(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.
Textual Amendments
F17Words in s. 63(1) inserted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(8)(a) (with art. 10)
F18Words in s. 63(1) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(8)(b) (with art. 10)
Marginal Citations
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 |
| F19. . . | F19. . . |
| associate (in relation to a registered social landlord) | section 61(1) |
| assured tenancy | section 230 |
| assured agricultural occupancy | section 230 |
| assured shorthold tenancy | section 230 |
| charity | section 58(1)(a) |
| committee member (in relation to an industrial and provident society) | section 57(2) |
| [F20company | section 63 (and see section 58(2))] |
| F21. . . | F21. . . |
| co-operative housing association | section 63 |
| co-opted member (of committee of industrial and provident society) | section 57(1) |
| F22. . . | F22. . . |
| disposal proceeds fund | section 24 |
| dwelling | section 63 |
| enactment | section 230 |
| fully mutual housing association | section 63 |
| hostel | section 63 |
| house | section 63 |
| housing accommodation | section 63 |
| housing activities | section 63 |
| housing association | section 230 |
| industrial and provident society | section 2(1)(b) |
| information | section 63 |
| lease | section 229 |
| local authority | section 63 |
| long tenancy | section 63 |
| member of family | section 62 |
| modifications | section 63 |
| notice | section 63 |
| officer of registered social landlord | section 59 |
| provision (in relation to dwelling or house) | section 63(2) |
| public sector landlord | section 63 |
| register, registered and registration (in relation to social landlords) | section 1 |
| registered charity | section 58(1)(b) |
| registrar of companies | section 63 |
| [F23the Relevant Authority] | [section 56] |
| relevant disposal which is not an exempted disposal (in sections 11 to 14) | section 15 |
| secure tenancy | section 230 |
| social housing grant | section 18(1) |
| statutory tenancy | section 63 |
| subsidiary (in relation to a registered social landlord) | section 60(1) |
| trustee and trusts (in relation to a charity) | section 58(1)(a) |
Textual Amendments
F19S. 64: Entry relating to “appropriate registrar” in the Table repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 356(2)
F20Words in s. 64 inserted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(9)(a) (with art. 10)
F21S. 64 entry omitted (1.10.2009) by virtue of The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 161(9)(b) (with art. 10)
F22Entry in s. 64 repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 95(a), Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5.
F23Entry in s. 64 inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 95(b) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5.