11(1)Members of an approved scheme shall pay a subscription, calculated as set out in the scheme, to the person administering the scheme.E+W
[F1(1A)If a change in the method of calculation under sub-paragraph (1) would result in a member's subscription being more than it would otherwise be, the change may be made only if the Secretary of State approves it.
(1B)An approved scheme's total defrayable expenses for a period may be more than the scheme's total defrayable expenses for the immediately-preceding corresponding period only if the Secretary of State approves the increase.
(1C)In sub-paragraph (1B) “defrayable expenses”, in relation to a scheme, means expenses of the scheme that are to be defrayed by subscriptions from members of the scheme.]
(2)If a social landlord fails to comply with his duty under paragraph 1, the Secretary of State may determine—
(a)which approved scheme or schemes he should have joined, and
(b)what sums by way of subscription he should have paid,
and may require him to pay those amounts to the person administering the scheme or schemes.
(3)The person administering an approved scheme may recover sums payable under sub-paragraph (1) or (2) as if they were debts due to him.
(4)The Secretary of State F2... may pay grant and provide other financial assistance to—
(a)a body corporate administering an approved scheme, or
(b)in a case where paragraph 10(2) applies, to the housing ombudsman under an approved scheme,
for such purposes and upon such terms as the Secretary of State F3... thinks fit.
Textual Amendments
F1Sch. 2 para. 11(1A)-(1C) inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 181(4)(c), 240(2) (with s. 181(11)); S.I. 2013/722, art. 2(c)
F2Words in Sch. 2 para. 11(4) repealed (20.5.2009 for specified purposes, 7.9.2009 for E. for specified purposes, 1.4.2010 in so far as not already in force) by Housing and Regeneration Act 2008 (c. 17), ss. 124(4)(a), 325(1), Sch. 16; S.I. 2009/1261, art. 4; S.I. 2009/2096, art. 2(2)(c) (with art. 3(1)(2)); S.I. 2010/862, arts. 2, 3 (with Sch.)
F3Words in Sch. 2 para. 11(4) repealed (20.5.2009 for specified purposes, 7.9.2009 for E. for specified purposes, 1.4.2010 in so far as not already in force) by Housing and Regeneration Act 2008 (c. 17), ss. 124(4)(b), 325(1), Sch. 16; S.I. 2009/1261, art. 4; S.I. 2009/2096, art. 2(2)(c) (with art. 3(1)(2)); S.I. 2010/862, arts. 2, 3 (with Sch.)
Modifications etc. (not altering text)
C1Sch. 2 para. 11(4) 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)
Commencement Information
I1Sch. 2 para. 11 wholly in force 1.4.1997; Sch. 2 para. 11 not in force at Royal Assent see s. 232(1)-(3); Sch. 2 para. 11(1)(3)(4) in force at 1.8.1996 by S.I. 1996/2048, art. 2 (subject to the limitation in (2) of that art.); Sch. 2 para. 11 in force at 1.4.1997 so far as not already in force by S.I. 1997/618, art. 2 (subject to the limitation in (2) of that art.)