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Housing and Regeneration Act 2008

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Part 1 E+WThe Homes and Communities Agency

Chapter 1E+WGeneral

Modifications etc. (not altering text)

C2Pt. 1 Chs. 1, 2 applied (with modifications) (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 21(5), Sch. 4

1Establishment and constitutionE+W

(1)There shall be a body corporate known as the Homes and Communities Agency (“the HCA”).

(2)Schedule 1 (which makes further provision about the HCA) has effect.

Commencement Information

I1S. 1 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

2ObjectsE+W

(1)The objects of the HCA are—

(a)to improve the supply and quality of housing in England,

(b)to secure the regeneration or development of land or infrastructure in England,

(c)to support in other ways the creation, regeneration or development of communities in England or their continued well-being, and

(d)to contribute to the achievement of sustainable development and good design in England,

with a view to meeting the needs of people living in England.

F1(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In subsection (1)—

  • [F2 “ England ” does not include Greater London;]

  • “ good design ” includes design which has due regard to the needs of elderly persons and disabled persons,

  • “ needs ” includes future needs,

and the reference to improving the supply of housing includes a reference to improving the supply of particular kinds of housing.

(3)In this Part—

  • “ building ” means a building or other structure (including a house-boat or caravan),

  • “ caravan ” has the meaning given by section 29(1) of the Caravan Sites and Control of Development Act 1960 (c. 2),

  • “ housing ” means a building, or part of a building, occupied or intended to be occupied as a dwelling or as more than one dwelling; and includes a hostel which provides temporary residential accommodation,

  • “ infrastructure ” includes—

    (a)

    water, electricity, gas, [F3electronic communications], sewerage or other services,

    (b)

    roads or other transport facilities,

    (c)

    retail or other business facilities,

    (d)

    health, educational, employment or training facilities,

    (e)

    social, religious or recreational facilities,

    (f)

    cremation or burial facilities, and

    (g)

    community facilities not falling within paragraphs (a) to (f),

  • “ land ” includes housing or other buildings (and see also the definition in Schedule 1 to the Interpretation Act 1978 (c. 30)),

and references to housing include (where the context permits) any yard, garden, outhouses and appurtenances belonging to, or usually enjoyed with, the building or part of building concerned.

(4)See also sections 19(5) (financial assistance), 44 (local government involvement) and 52 (role of the HCA in relation to certain former functions of the Commission for the New Towns).

Textual Amendments

F2Words in s. 2(2) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 189(2), 240(2); S.I. 2012/628, art. 6(f) (with arts. 9 11 14 15 17)

Commencement Information

I2 S. 2 in force at 8.9.2008 by S.I. 2008/2358 , art. 2(1)

3Principal powersE+W

The HCA may do anything it considers appropriate for the purposes of its objects or for purposes incidental to those purposes.

Commencement Information

I3S. 3 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

4Powers: generalE+W

(1)This Part contains various specific powers of the HCA.

(2)The specific powers of the HCA (whether contained in this Part or elsewhere) are to be exercised for the purposes of its objects or for purposes incidental to those purposes.

(3)Each power may be exercised separately or together with, or as part of, another power.

(4)Each power does not limit the scope of another power.

(5)Each power does not limit the scope of the powers conferred by section 3.

(6)But—

(a)subsections (2) and (3) do not apply to the HCA in its capacity as a local planning authority by virtue of sections 13 and 14 or in its exercise of other functions by virtue of those sections,

(aa)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(b)the powers conferred by section 3 must not be used to override a restriction imposed on the exercise of a specific power.

Textual Amendments

Commencement Information

I4S. 4 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 2(1)

I5S. 4 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 2(1)(a) (with arts. 6-13)

I6S. 4 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

Chapter 2E+WLand and infrastructure

Modifications etc. (not altering text)

GeneralE+W

5Powers to provide housing or other landE+W

(1)The HCA may provide housing or other land.

(2)The HCA may facilitate the provision of housing or other land.

(3)In this section “provide” includes provide by way of acquisition, construction, conversion, improvement or repair (and “provision” is to be read in the same way).

Modifications etc. (not altering text)

C15S. 5 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(a) (with art. 18(3)(b))

C21S. 5: functions made exercisable concurrently (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 7

C22S. 5: functions made exercisable concurrently (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 7

Commencement Information

I7S. 5 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(b) (with arts. 6-13)

6Powers for regeneration, development or effective use of landE+W

(1)The HCA may regenerate or develop land.

(2)The HCA may bring about the more effective use of land.

(3)The HCA may facilitate—

(a)the regeneration or development of land, or

(b)the more effective use of land.

Modifications etc. (not altering text)

C25S. 6 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(b) (with art. 18(3)(b))

C31S. 6: functions made exercisable concurrently (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 7

C32S. 6: functions made exercisable concurrently (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 7

Commencement Information

I8S. 6 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(b) (with arts. 6-13)

7Powers in relation to infrastructureE+W

(1)The HCA may provide infrastructure.

(2)The HCA may facilitate the provision of infrastructure.

(3)In this section “provide” includes provide by way of acquisition, construction, conversion, improvement or repair (and “provision” is to be read in the same way).

Modifications etc. (not altering text)

C35S. 7 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(c) (with art. 18(3)(b))

C41S. 7: functions made exercisable concurrently (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 7

C42S. 7: functions made exercisable concurrently (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 7

Commencement Information

I9S. 7 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(b) (with arts. 6-13)

Powers to deal with land etc.E+W

8Powers to deal with land etc.E+W

The HCA may carry out, or facilitate the carrying out of, any of the following activities in relation to land—

(a)acquiring, holding, improving, managing, reclaiming, repairing or disposing of housing,

(b)acquiring, holding, improving, managing, reclaiming, repairing or disposing of other land, plant, machinery, equipment or other property, and

(c)carrying out building and other operations (including converting or demolishing buildings).

Modifications etc. (not altering text)

C45S. 8 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(d) (with art. 18(3)(b))

C51S. 8: functions made exercisable concurrently (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 7

C52S. 8: functions made exercisable concurrently (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 7

Commencement Information

I10S. 8 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(c) (with arts. 6-13)

9Acquisition of landE+W

(1)The HCA may acquire land by agreement.

(2)The HCA may acquire land compulsorily if the Secretary of State authorises it to do so.

(3)The power of acquiring land compulsorily under subsection (2) includes power to acquire new rights over land.

(4)Subsection (5) applies where—

(a)land or new rights over land are being acquired compulsorily under subsection (2), and

(b)the land which is being acquired, or over which new rights are being acquired, forms part of a common, open space or allotment.

(5)The power under subsection (2) to acquire land compulsorily includes the power to acquire land compulsorily for giving in exchange for the land or (as the case may be) new rights mentioned in subsection (4)(a).

(6)Schedule 2 (which makes further provision in relation to the acquisition of land by the HCA) has effect.

(7)In this Part—

  • “allotment” means a fuel or field garden allotment,

  • “common” has the meaning given by section 19(4) of the Acquisition of Land Act 1981 (c. 67),

  • “open space” means any land which is—

    (a)

    laid out as a public garden,

    (b)

    used for the purposes of public recreation, or

    (c)

    a disused burial ground.

Modifications etc. (not altering text)

C55S. 9 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(e) (with art. 18(3)(b))

C61S. 9: functions made exercisable concurrently (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 7 (with Sch. 1 para. 4(14))

C62S. 9: functions made exercisable concurrently (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 7 (with reg. 9)

Commencement Information

I11S. 9 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(d) (with arts. 6-13)

10Restrictions on disposal of landE+W

(1)The HCA may not dispose of land for less than the best consideration which can reasonably be obtained unless the Secretary of State consents.

(2)Subsection (1) does not apply to a disposal by way of a short tenancy if the disposal consists of—

(a)the grant of a term of not more than 7 years, or

(b)the assignment of a term which, at the date of assignment, has not more than 7 years to run.

(3)The HCA may not dispose of land which has been compulsorily acquired by it under this Part unless the Secretary of State consents.

(4)Subject as above, the HCA may dispose of land held by it in any way it considers appropriate.

Modifications etc. (not altering text)

C66S. 10 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(f) (with art. 18(3)(b))

C72S. 10: functions made exercisable concurrently (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 7

C73S. 10: functions made exercisable concurrently (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 7

Commencement Information

I12S. 10 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(e) (with arts. 6-13)

Powers in relation to acquired landE+W

11Main powers in relation to acquired landE+W

Schedule 3 (which makes provision about powers in relation to [F5land acquired by the HCA]) has effect.

Textual Amendments

F5Words in s. 11 substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 32(2), 57(5)(e) (with s. 32(11)(12))

Modifications etc. (not altering text)

C76S. 11 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(g) (with art. 18(3)(b))

C82S. 11: functions made exercisable concurrently (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 7

C83S. 11: functions made exercisable concurrently (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 7

Commencement Information

I13S. 11 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)

12Powers in relation to, and for, statutory undertakersE+W

Schedule 4 (which provides for powers in relation to, and for, statutory undertakers) has effect.

Modifications etc. (not altering text)

C86S. 12 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(h) (with art. 18(3)(b))

C92S. 12: functions made exercisable concurrently (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 7

C93S. 12: functions made exercisable concurrently (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 7

Commencement Information

I14S. 12 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

PlanningE+W

13Power of Secretary of State to make designation ordersE+W

(1)The Secretary of State may by order designate an area in England [F6outside Greater London] if the Secretary of State considers that—

(a)the area is suitable for development, and

(b)it is appropriate for the HCA to be the local planning authority for the whole or any part of the area—

(i)for particular permitted purposes, and

(ii)in relation to particular kinds of development.

(2)In deciding whether it is appropriate for the HCA to be the local planning authority as mentioned in subsection (1)(b), the Secretary of State must, in particular, be satisfied that making the designation order is likely to improve the effectiveness with which the functions of the local planning authority for the area or part are discharged.

(3)The Secretary of State must, before making a designation order—

(a)publish—

(i)a draft of the order, and

(ii)the Secretary of State's reasons for making the order, and

(b)consult the persons mentioned in subsection (4).

(4)The persons are—

(a)every local authority any part of whose area is intended to be included in the proposed designated area,

(b)any person, other than a local authority, who is the local planning authority for the proposed designated area or any part of it,

(c)such persons which appear to the Secretary of State to represent the interests of local authorities as the Secretary of State considers appropriate, and

(d)persons who reside or carry on business in the proposed designated area.

(5)In this Part—

  • “designated area” means an area designated by a designation order,

  • “designation order” means an order under this section,

  • “local planning authority”, in relation to a designation order or proposed designation order, means—

    (a)

    so far as the order relates to permitted purposes under Part 2 [F7or 3] of the Planning and Compulsory Purchase Act 2004 (c. 5), the local planning authority within the meaning of that Part of that Act, and

    (b)

    in any other case, the local planning authority within the meaning of Part 1 of the Town and Country Planning Act 1990 (c. 8),

  • “permitted purposes” means any purposes of—

    (a)

    the Town and Country Planning Act 1990 (other than section 137A, Parts 9 and 13, and sections 325A, 329A and 330A, of that Act),

    (b)

    the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) (other than section 32A, Chapter 5 of Part 1, and sections 82A to 82F and 88C, of that Act), and

    (c)

    Part 2 [F8or 3] of the Planning and Compulsory Purchase Act 2004 [F9, and

    (d)

    Part 8 of the Planning Act 2008,]

and references to a designated area, in the case of an area whose boundaries have been amended by an order made under this section by virtue of section 14 of the Interpretation Act 1978 (c. 30), are to be read as references to the designated area as so amended.

(6)In this section “local authority” means a county council in England [F10or], a district council F11....

Textual Amendments

F6Words in s. 13(1) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 189(4), 240(2); S.I. 2012/628, art. 6(f) (with arts. 9 11 14 15 17)

F7Words in s. 13(5) inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes and 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 31(a); S.I. 2012/628, art. 8(a) (with arts. 9 12 13 16 18-20 (as amended (3.8.2012) by S.I. 2012/2029, art. 4)); S.I. 2012/2029, arts. 2, 3(a); S.I. 2013/797, arts. 1(2), 2

F8Words in s. 13(5) inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes and 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 31(b); S.I. 2012/628, art. 8(a) (with arts. 9 12 13 16 18-20 (as amended (3.8.2012) by S.I. 2012/2029, art. 4)); S.I. 2012/2029, arts. 2, 3(a); S.I. 2013/797, arts. 1(2), 2

F9Words in s. 13(5) inserted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 65 (with s. 226); S.I. 2010/101, art. 2 (with art. 6)

F10Word in s. 13(6) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 189(5)(a), 240(2); S.I. 2012/628, art. 6(f) (with arts. 9 11 14 15 17)

Commencement Information

I15S. 13 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(h) (with arts. 6-13)

14Contents of designation ordersE+W

(1)A designation order may contain provisions of the following kind.

(2)The order may provide for the HCA to be the local planning authority for the whole or any part of the designated area—

(a)for specified permitted purposes, and

(b)in relation to specified kinds of development.

(3)The order may provide that where the HCA is the local planning authority for the whole or any part of the designated area it is to have—

(a)in relation to the whole or any part of the designated area, and

(b)subject to any specified modifications,

specified relevant functions conferred by or under specified planning-related provisions.

(4)An order which makes provision of the kind mentioned in subsection (2) may make provision about the application of enactments relating to local planning authorities to the HCA in its capacity as the local planning authority by virtue of the order.

(5)An order which makes provision of the kind mentioned in subsection (3)—

(a)may provide for the HCA to have the functions concerned instead of, or concurrently with, other persons who have them,

(b)may make provision about the application to the HCA of enactments relating to the functions concerned.

(6)Provision made by virtue of subsection (4) or (5), or section 320(1)(d) in its application to an order of a kind falling within this section, may, in particular, provide that any enactment—

(a)is to apply to the HCA without modification,

(b)is to apply to it subject to specified modifications.

(7)In this section—

  • “planning-related provisions” means—

    (a)

    Chapter 1 of Part 6 (other than section 137A), and sections 188 and 330, of the Town and Country Planning Act 1990 (c. 8),

    (b)

    sections 32 and 33 to 37, 54 and 55 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9), and

    (c)

    the Planning (Hazardous Substances) Act 1990 (c. 10) (other than sections 30A to 31A and 36C of that Act),

  • “relevant functions” means functions of—

    (a)

    a district council, F12... or any other body which is a local authority within the meaning of the Town and Country Planning Act 1990,

    (b)

    a district planning authority (within the meaning of that Act), or

    (c)

    a hazardous substances authority (within the meaning of the Planning (Hazardous Substances) Act 1990),

  • “specified”, in relation to a designation order, means specified or described in the order.

Textual Amendments

Commencement Information

I16S. 14 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(h) (with arts. 6-13)

15HCA as local planning authority: local involvementE+W

(1)Subsections (2) to (6) apply where a designation order provides for the HCA to be the local planning authority for the whole or any part of the designated area.

(2)The HCA must prepare and publish a statement of local involvement.

(3)The statement of local involvement is a statement of the HCA's policy as to the extent to which it intends to involve persons mentioned in subsection (4) in relation to the exercise by the HCA of functions conferred on it by virtue of the designation order.

(4)The persons are—

(a)every local authority for the designated area or any part of the area in relation to which a function is to be exercised, and

(b)persons appearing to the HCA to have special knowledge or experience of matters relevant to functions to be exercised in relation to the area or part.

(5)The HCA must—

(a)keep the statement under review, and

(b)publish any revision of it.

(6)In deciding its policy about the extent of involvement of persons mentioned in subsection (4), the HCA must, in particular, have regard to—

(a)the benefits that it might receive from their knowledge and experience, and

(b)the nature of the functions concerned.

(7)Subsection (8) applies where—

(a)the HCA establishes a committee for the purpose of exercising functions conferred on the HCA by virtue of a designation order,

(b)such a committee establishes a sub-committee for such a purpose, or

(c)a new or replacement member is to be appointed to such a committee or sub-committee.

(8)The HCA must—

(a)inform every local authority for the designated area or any part of the area in relation to which the functions are to be, or are being, exercised of—

(i)the establishment of the committee or sub-committee concerned, or

(ii)(as the case may be) the proposed appointment, and

(b)invite the authority to suggest one or more candidates for membership of the committee or (as the case may be) sub-committee.

(9)In this section “local authority” has the same meaning as in section 13.

Commencement Information

I17S. 15 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(h) (with arts. 6-13)

F1316Regional planningE+W

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

Textual Amendments

Other powers etc. in relation to landE+W

F1417Power to enter and survey landE+W

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

Textual Amendments

F1418Section 17: supplementaryE+W

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

Textual Amendments

Chapter 3E+WFinancial provision

Powers to give financial assistanceE+W

19Financial assistanceE+W

(1)The HCA may, with the consent of the Secretary of State, give financial assistance to any person.

[F15(1A)But the HCA must not give financial assistance in contravention of a direction given by the Regulator of Social Housing under section 100G.]

(2)Financial assistance under this section may be given in any form.

(3)Financial assistance under this section may, in particular, be given by way of—

(a)grants,

(b)loans,

(c)guarantee or indemnity,

(d)investment, or

(e)incurring expenditure for the benefit of the person assisted.

(4)Financial assistance under this section may be given on such terms and conditions as the HCA considers appropriate (including provision for repayment, with or without interest).

(5)The objects of the HCA are not to be read as preventing the HCA from exercising functions in relation to financial assistance (whether under this section or otherwise) which—

(a)are transferred to the HCA from the Housing Corporation by virtue of this Act, or

(b)would supersede functions of the Housing Corporation,

in ways corresponding to those in which the Housing Corporation could have exercised its functions.

(6)See also sections 31 to 35 (further provision about certain types of financial assistance: social housing).

Textual Amendments

Modifications etc. (not altering text)

C95S. 19: functions made exercisable concurrently (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 7

Commencement Information

I18S. 19(1)-(4) in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 2(1)(j) (with arts. 6-13)

I19S. 19(1)-(4) (6) in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

I20S. 19(5) in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(j) (with arts. 6-13)

I21S. 19(6) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

Borrowing powers of the HCAE+W

20Powers to borrowE+W

(1)The HCA may, for the purpose of what it considers to be the short-term management of its finances, borrow from any person by way of overdraft or otherwise.

(2)Subject to this, the HCA may only borrow from the Secretary of State or the European Investment Bank.

(3)The HCA may not borrow in currencies other than sterling.

Commencement Information

I22S. 20 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(k) (with arts. 6-13)

21Loans by the Secretary of StateE+W

(1)The Secretary of State may lend to the HCA any sums it has power to borrow from the Secretary of State under section 20.

(2)Loans under subsection (1) may be made on such terms and conditions as the Secretary of State considers appropriate (including provision for repayment with or without interest).

Commencement Information

I23S. 21 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(k) (with arts. 6-13)

22Guarantees by the Secretary of StateE+W

(1)The Secretary of State may guarantee—

(a)the repayment of the principal of any sums which the HCA borrows from a person other than the Secretary of State, and

(b)the payment of interest on such sums.

(2)Such a guarantee is to be in such manner, and on such terms and conditions, as the Secretary of State considers appropriate.

(3)The Secretary of State must lay a statement of any such guarantee before Parliament immediately after giving the guarantee.

(4)The Secretary of State must lay before Parliament a statement relating to any sum issued for fulfilling such a guarantee.

(5)A statement under subsection (4) must be laid as soon as possible after the end of each financial year—

(a)beginning with that in which the sum is issued, and

(b)ending with that in which all liability in respect of the principal of the sum guaranteed, and of interest on it, is finally discharged.

(6)In respect of any sums issued in fulfilment of a guarantee given under this section, the HCA must make payments to the Secretary of State—

(a)of such amounts as the Secretary of State may direct in or towards repayment of those sums, and

(b)of interest on what is outstanding in respect of those sums, at such rates as the Secretary of State may direct.

(7)Payments under subsection (6) must be made at such times, and in such manner, as the Secretary of State may direct.

Commencement Information

I24S. 22 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(k) (with arts. 6-13)

23Financial limitsE+W

(1)The current borrowings of the HCA must not exceed £2,300 million.

(2)The Secretary of State may by order amend subsection (1) so as to specify a greater amount than that for the time being specified there.

(3)But an order under subsection (2) may not specify an amount of more than £3,000 million.

(4)In this section “current borrowings of the HCA” means—

(a)the aggregate amount at any time of—

(i)sums borrowed by the HCA under section 20, and

(ii)sums borrowed by subsidiaries of the HCA (other than from the HCA), less

(b)repayments made, or treated as made, in respect of those sums.

(5)In this Part “subsidiary” has the meaning given by section 1159 of the Companies Act 2006 (c. 46).

Commencement Information

I25S. 23 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(k) (with arts. 6-13)

OtherE+W

24Power to charge for certain activitiesE+W

(1)The HCA may impose charges for, or in connection with, anything done by it by virtue of section 38, 39 or 45.

(2)Any such charges must be of such amounts as the HCA considers to be reasonable.

Commencement Information

I26S. 24 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(l) (with arts. 6-13)

25Directions as to surplus fundsE+W

(1)Subsection (2) applies if the Secretary of State considers that the HCA or any subsidiary of the HCA has a surplus, whether on capital or on revenue account, after making allowance by way of transfer to reserve or otherwise for its future requirements.

(2)The Secretary of State may give a direction to the HCA to pay to the Secretary of State such sum not exceeding the amount of the surplus as may be specified in the direction.

(3)The Secretary of State must consult the HCA before coming to a decision of the kind mentioned in subsection (1) or giving a direction as mentioned in subsection (2).

(4)The Secretary of State may decide to treat the whole or part of any payment under subsection (2) as made—

(a)by way of repayment of such part of the principal of loans under section 21(1), and

(b)in respect of the repayments due at such times,

as the Secretary of State may decide.

Commencement Information

I27S. 25 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(m) (with arts. 6-13)

26Duty to act as agent in respect of regeneration and developmentE+W

(1)The Secretary of State may appoint the HCA to act as the agent of the Secretary of State in connection with such financial assistance functions as the Secretary of State may specify.

(2)In subsection (1) “financial assistance functions” means, so far as exercisable in relation to England [F16outside Greater London], functions under sections 126 to 128 of the Housing Grants, Construction and Regeneration Act 1996 (c. 53) (financial assistance for regeneration and development).

(3)An appointment under this section is to be on such terms as the Secretary of State may specify.

(4)The HCA must, if appointed, act as agent in accordance with the terms of its appointment.

Textual Amendments

F16Words in s. 26(2) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 189(7), 240(2); S.I. 2012/628, art. 6(f) (with arts. 9 11 14 15 17)

Commencement Information

I28S. 26 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(n) (with arts. 6-13)

27Duty to act as agent in respect of derelict land etc.E+W

(1)The Secretary of State may appoint the HCA to act as the agent of the Secretary of State in connection with such derelict land functions as the Secretary of State may specify.

(2)In subsection (1) “derelict land functions” means functions under—

(a)section 1 of the Derelict Land Act 1982 (c. 42) (grants for reclaiming or improving land or bringing land into use), or

(b)any enactment superseded by that section,

but excluding the powers to make orders under section 1(5) and (7) of that Act.

(3)An appointment under this section is to be on such terms as the Secretary of State may specify.

(4)The HCA must, if appointed, act as agent in accordance with the terms of its appointment.

Commencement Information

I29S. 27 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(n) (with arts. 6-13)

Chapter 4E+WOther functions of the HCA

GeneralE+W

28BusinessE+W

(1)The HCA may carry on any business.

(2)In subsection (1) “business” includes undertaking.

Commencement Information

I30S. 28 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(o) (with arts. 6-13)

29Powers to form companies etc.E+W

The HCA may, with the consent of the Secretary of State, form, or acquire interests in, bodies corporate.

Commencement Information

I31S. 29 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(o) (with arts. 6-13)

30Community servicesE+W

The HCA may provide such services for communities as it considers appropriate or facilitate the provision of such services.

Commencement Information

I32S. 30 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(o) (with arts. 6-13)

Social housingE+W

31Duties in relation to social housingE+W

(1)Subsection (2) applies if the HCA acquires, constructs or converts any housing or other land for use as low cost rental accommodation.

(2)The HCA must ensure that a [F17registered provider of social housing] is the landlord of the accommodation when it is made available for rent.

(3)Subsection (4) applies if the HCA disposes of any housing or other land to a person on condition that the person provides low cost rental accommodation (whether in the same or different housing or other land).

(4)The HCA must impose a further condition that a [F18registered provider of social housing] is the landlord of the accommodation when it is made available for rent.

(5)Subsection (6) applies if the HCA provides infrastructure to a person on condition that the person provides low cost rental accommodation.

(6)The HCA must impose a further condition ensuring that a [F19registered provider of social housing] is the landlord of the accommodation when it is made available for rent.

(7)Subsection (8) applies if the HCA is proposing to give financial assistance on condition that the recipient provides low cost rental accommodation.

(8)The HCA must impose a further condition ensuring that a [F20registered provider of social housing] is the landlord of the accommodation when it is made available for rent.

[F21(8A)Subsection (8B) applies if the HCA is proposing to give financial assistance on condition that the recipient provides low cost home ownership accommodation.]

[F21(8B)The HCA must consult the Regulator of Social Housing about the proposals.]

F22(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)For the purposes of this section, a person provides low cost rental accommodation F23... if (and only if) the person acquires, constructs or converts any housing or other land for use as low cost rental accommodation F24... or ensures such acquisition, construction or conversion by another.

[F25(11A)For the purposes of this section, a person provides low cost home ownership accommodation if (and only if) the person acquires, constructs or converts any housing or other land for use as low cost home ownership accommodation or ensures such acquisition, construction or conversion by another.]

(12)In this section—

  • [F26“low cost home ownership accommodation” has the meaning given by section 70, and]

  • F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    “low cost rental accommodation” has the meaning given by section 69,

Textual Amendments

Modifications etc. (not altering text)

C97Ss. 31-36 applied (with modifications) by 1999 c. 29, s. 333ZE(1)(2) (as inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/628, art. 6(e) (with arts. 9 11 14 15 17))

Commencement Information

I33S. 31 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

32Recovery etc. of social housing assistanceE+W

(1)The HCA may, in such events as it may determine, exercise the powers conferred by subsections (2) to (4) in relation to a person who has received social housing assistance.

(2)The HCA may reduce any grant payable by it or restrict any other social housing assistance due from it.

(3)The HCA may suspend or cancel any instalment of any grant payable by it or any aspect of any other social housing assistance due from it.

(4)The HCA may direct the recipient of any social housing assistance given by way of grant to—

(a)apply or appropriate for such purposes of the recipient as the HCA may specify, or

(b)pay to the HCA,

such amount as the HCA may specify.

(5)The HCA may not specify an amount which exceeds the recoverable amount.

(6)The recoverable amount is—

(a)the total amount of grant received by the person to whom the direction is given, less

(b)the total of any amounts applied, appropriated or paid in accordance with any previous directions given in respect of that grant under subsection (4),

and for the purposes of paragraph (b) any amounts provided for by virtue of section 33(1) are to be ignored.

(7)Subsection (5) is without prejudice to the power of the HCA under section 33(1).

(8)In exercising its powers under subsections (2) to (4) the HCA must act in accordance with such principles as it has determined.

(9)A person who has received social housing assistance must notify the HCA if an event of a kind determined by the HCA under subsection (1) occurs after the assistance has been given.

(10)Such a person must, if required by notice of the HCA, supply the HCA with such particulars of, and information relating to, the event as are specified in the notice.

[F29(10A)The HCA must notify the Regulator of Social Housing at least 14 days before exercising, in relation to a registered provider of social housing, any of the powers conferred by subsections (2) to (4).]

F30(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12)Events determined by the HCA under subsection (1), and principles determined by the HCA under subsection (8), must be determined on or before the time the HCA gives the social housing assistance concerned unless they are determined subsequently with the agreement of the recipient of the assistance.

(13)In this Part—

  • “social housing” has the same meaning as in Part 2,

  • “social housing assistance” means financial assistance given under section 19 on condition that the recipient provides social housing (whether by itself or as part of a wider project);

and, for the purposes of this Part, a person provides social housing if (and only if) the person acquires, constructs, converts, improves or repairs any housing or other land for use as social housing or ensures such acquisition, construction, conversion, improvement or repair by another.

Textual Amendments

Modifications etc. (not altering text)

C97Ss. 31-36 applied (with modifications) by 1999 c. 29, s. 333ZE(1)(2) (as inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/628, art. 6(e) (with arts. 9 11 14 15 17))

Commencement Information

I34S. 32 in force at 1.4.2009 for specified purposes by S.I. 2009/803, art. 2(1)(a)

I35S. 32 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

33Section 32: interest and successors in titleE+W

(1)A direction by the HCA under section 32(4) may require the application, appropriation or payment, in addition to the specified amount, of one or more of the following—

(a)interest on the specified amount,

(b)an amount calculated by reference to any increase in the market value of any housing or other land acquired, constructed, converted, improved or repaired as a result of the grant, and

(c)interest on the amount falling within paragraph (b).

(2)Any direction falling within subsection (1)(a) or (c) must specify—

(a)the applicable rate or rates of interest (whether fixed or variable),

(b)the date from which interest is payable, and

(c)any provision for suspended or reduced interest which is applicable.

(3)The date specified under subsection (2)(b) must not be earlier than the date of the event giving rise to the power to give a direction.

(4)In subsection (2)(c)—

(a)provision for suspended interest means provision to the effect that if the principal amount is applied, appropriated or paid before a date specified in the direction, no interest will be payable for any period after the date of the direction, and

(b)provision for reduced interest means provision to the effect that if the principal amount is so applied, appropriated or paid, any interest payable will be payable at a rate or rates lower than the rate or rates which would otherwise be applicable.

(5)Any direction falling within subsection (1)(b) must specify—

(a)the housing or other land concerned, and

(b)the method of calculating the amount concerned.

(6)Subsection (7) applies if—

(a)social housing assistance has been given to a person, and

(b)at any time the social housing provided as a result of the assistance becomes vested in, or is leased for a term of years to, or reverts to, another person [F31(“the successor”)].

[F32(6A)But subsection (7) does not apply if—

(a)the successor is a person other than a registered provider of social housing, and

(b)at any time since the social housing assistance was given—

(i)a person has enforced a security over the social housing, or

(ii)the social housing has been disposed of by a body while it is being wound up or is in administration (which, for this purpose, includes housing administration under Chapter 5 of Part 4 of the Housing and Planning Act 2016).]

(7)Section 32 and this section (including this subsection) have effect in relation to periods after that time as if the assistance, or such element of it as may be determined by the HCA to be appropriate, had been given to [F33the successor].

(8)The matters specified in a direction under subsection (2)(a) to (c) or (5), and the element mentioned in subsection (7), are to be—

(a)such as the HCA, acting in accordance with such principles as it may determine, may specify as being appropriate, or

(b)such as the HCA may determine to be appropriate in the particular case.

(9)Principles determined by the HCA under subsection (8)(a), and determinations by the HCA under subsection (8)(b), must be determined on or before the time the HCA gives the social housing assistance concerned unless they are determined subsequently with the agreement of the recipient of the assistance.

Textual Amendments

F31Words in s. 33(6)(b) inserted (3.2.2017) by Housing and Planning Act 2016 (c. 22), ss. 94(2), 216(3); S.I. 2017/75, reg. 3(b)

F33Words in s. 33(7) substituted (3.2.2017) by Housing and Planning Act 2016 (c. 22), ss. 94(4), 216(3); S.I. 2017/75, reg. 3(b)

Modifications etc. (not altering text)

C97Ss. 31-36 applied (with modifications) by 1999 c. 29, s. 333ZE(1)(2) (as inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/628, art. 6(e) (with arts. 9 11 14 15 17))

Commencement Information

I36S. 33 in force at 1.4.2009 for specified purposes by S.I. 2009/803, art. 2(1)(b)

I37S. 33 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

34Determinations under sections 32 and 33E+W

(1)The HCA must not make a general determination under section 32 or 33 without the consent of the Secretary of State.

F34(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F35(2A)Before making such a determination, the HCA must consult—

(a)the Regulator of Social Housing, and

(b)such other persons as it considers appropriate.]

(3)Subsection (4) applies if a general determination under section 32 or 33 about relevant events relates to social housing assistance given to a registered provider of social housing.

(4)The HCA must, in particular, consult such bodies appearing to it to represent the interests of registered providers of social housing as it considers appropriate.

(5)The HCA must publish a general determination made under section 32 or 33 in such manner as it considers appropriate for bringing the determination to the attention of those affected by it.

(6)A general determination of the HCA under section 32 or 33 may make different provision for different cases or descriptions of case (including different provision for different areas).

(7)For the purposes of subsection (6) descriptions may be framed by reference to any matters whatever.

(8)A determination of the HCA under section 32 or 33 may be varied or revoked by it (subject to any provision as to the time by which such a determination must be made).

(9)In this section—

  • “general determination” means a determination which does not relate solely to a particular case,

  • “relevant event” means an event of a kind determined by the HCA under section 32(1).

Textual Amendments

Modifications etc. (not altering text)

C97Ss. 31-36 applied (with modifications) by 1999 c. 29, s. 333ZE(1)(2) (as inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/628, art. 6(e) (with arts. 9 11 14 15 17))

Commencement Information

I38S. 34 in force at 1.4.2009 by S.I. 2009/803, art. 2(1)(c) (with art. 2(2)(3))

35Duty to give financial assistance in respect of certain disposalsE+W

[F36(1)The HCA must exercise its powers under section 19 to give financial assistance by way of grant to a relevant provider of social housing in respect of any discount given by the provider by virtue of a person exercising the right to acquire conferred by section 180.]

F37(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The amount of the grant given by virtue of subsection [F38(1)] to a relevant provider of social housing for any year is to be the aggregate value of the discounts given by that provider in that year.

(4)The amount of the grant given by virtue of subsection (1)(b) to a relevant provider of social housing must not exceed the amount of the discount to which the tenant would have been entitled in respect of the other dwelling.

(5)The HCA must specify—

(a)the procedure to be followed in relation to applications for a grant by virtue of this section,

F39(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the manner in which, and time or times at which, a grant by virtue of this section is to be paid,

(d)any other terms or conditions on which such a grant is given.

(6)In this section—

  • “dwelling” has the same meaning as in Part 2,

  • “[F40private registered provider] of social housing” includes a person falling within section 180(3),

  • “registered social landlord” has the same meaning as in Part 1 of the Housing Act 1996,

  • “relevant provider of social housing” means—

    (a)

    a [F41private registered provider] of social housing, or

    (b)

    a registered social landlord,

  • “tenant” has the same meaning as in Part 2.

Textual Amendments

F37S. 35(2) omitted (26.5.2016) by virtue of Housing and Planning Act 2016 (c. 22), ss. 67(3), 216(3); S.I. 2016/609, reg. 2

F38Word in s. 35(3) substituted (26.5.2016) by Housing and Planning Act 2016 (c. 22), s. 67(4); S.I. 2016/609, reg. 2

F39S. 35(5)(b) omitted (26.5.2016) by virtue of Housing and Planning Act 2016 (c. 22), ss. 67(5), 216(3); S.I. 2016/609, reg. 2

Modifications etc. (not altering text)

C97Ss. 31-36 applied (with modifications) by 1999 c. 29, s. 333ZE(1)(2) (as inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/628, art. 6(e) (with arts. 9 11 14 15 17))

Commencement Information

I39S. 35 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

36Information in relation to social housingE+W

(1)The Secretary of State may by order provide for the HCA to supply such information about—

(a)which accommodation provided directly or indirectly by it is to be social housing,

(b)the type of social housing to be so provided, and

(c)the consequences of it being social housing,

as may be specified or described in the order.

(2)An order under this section may, in particular, provide for—

(a)the person or persons to whom the information is to be provided,

(b)the time at which, or period or frequency within which, the information is to be provided,

(c)the form and manner in which the information is to be provided.

Modifications etc. (not altering text)

C97Ss. 31-36 applied (with modifications) by 1999 c. 29, s. 333ZE(1)(2) (as inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/628, art. 6(e) (with arts. 9 11 14 15 17))

Commencement Information

I40S. 36 in force at 1.4.2009 by S.I. 2009/803, art. 2(1)(d)

[F4236A.Co-operation with the Regulator of Social HousingE+W

(1)The HCA must co-operate with the Regulator of Social Housing.

(2)In particular, the HCA must consult the Regulator of Social Housing on matters likely to interest the Regulator.

(3)The HCA may provide services and other assistance in connection with the operation of the Regulator of Social Housing.

(4)The services or assistance which may be provided pursuant to subsection (3) include, but are not limited to—

(a)the provision of accommodation or other facilities;

(b)technical resources; and

(c)the provision of staff.]

Textual Amendments

F4337Duty to co-operate with Regulator of Social HousingE+W

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

Textual Amendments

Information, education and guidance etc.E+W

38Information servicesE+W

(1)The HCA may—

(a)publish ideas or information, or

(b)disseminate or promote ideas or information in other ways.

(2)The HCA may undertake research or experimentation.

(3)The HCA may provide other information services.

(4)The HCA may facilitate—

(a)the publication or other dissemination or promotion of ideas or information,

(b)research or experimentation, or

(c)the provision of other information services.

Commencement Information

I41S. 38 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(p) (with arts. 6-13)

39Advice, education and trainingE+W

(1)The HCA may provide—

(a)advice, education or training, or

(b)other advisory, education or training services.

(2)The HCA may facilitate the provision of—

(a)advice, education or training, or

(b)other advisory, education or training services.

Commencement Information

I42S. 39 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(p) (with arts. 6-13)

40GuidanceE+W

(1)The HCA may give guidance to such persons as it considers appropriate about any matters relating to its objects.

(2)Before giving guidance under this section, the HCA must consult such persons as it considers appropriate.

(3)As soon as reasonably practicable after giving guidance under this section, the HCA must take such steps as the HCA considers appropriate to bring it to the attention of those affected by it.

(4)The HCA may revoke guidance given under this section.

(5)The HCA—

(a)must, before revoking guidance under this section, consult such persons as it considers appropriate, and

(b)must, as soon as reasonably practicable after the revocation, take such steps as it considers appropriate to bring the revocation to the attention of those affected by it.

(6)References in this section to giving guidance include references to giving guidance by varying existing guidance.

Commencement Information

I43S. 40 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(p) (with arts. 6-13)

Functions in relation to companies and other personsE+W

41Control of subsidiariesE+W

(1)The HCA must ensure that no subsidiary of the HCA engages, without the consent of the Secretary of State, in an activity which the HCA would not be required or permitted to carry on.

(2)The HCA must ensure that no subsidiary of the HCA—

(a)borrows from a person other than the HCA, or

(b)raises money by the issue of shares or stock to a person other than the HCA,

without the consent of the Secretary of State.

Commencement Information

I44S. 41 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(q) (with arts. 6-13)

42Agency arrangements with UDCsE+W

(1)The HCA may, with the consent of the Secretary of State, appoint an urban development corporation to act as its agent.

(2)The appointment—

(a)may be in connection with any of the functions of the HCA other than its functions in connection with Chapter 3 F44..., and

(b)is to be on such terms as may be agreed.

F45(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The appointment must specify the functions in connection with which it is made.

(4)An urban development corporation must act as agent in accordance with the terms of its appointment.

(5)An urban development corporation may arrange for any of its property or staff to be made available to the HCA if—

(a)the purpose is to assist the HCA to exercise any of its functions, and

(b)the HCA asks the urban development corporation to make the property or staff available.

(6)The property or staff are to be made available for such period, and on such other terms, as the urban development corporation considers appropriate.

(7)In this Part “urban development corporation” means a corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980 (c. 65).

Textual Amendments

Commencement Information

I45S. 42 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(r) (with arts. 6-13)

43Acting with, or for, other persons: generalE+W

(1)The HCA may act with other persons (whether in partnership or otherwise).

(2)The HCA may act as agent for other persons.

Commencement Information

I46S. 43 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(s) (with arts. 6-13)

44Local government involvementE+W

(1)The HCA must from time to time consult such representatives of local government as the HCA considers appropriate about how the HCA pursues its objects.

(2)The HCA must from time to time publish a statement about how it proposes to comply with subsection (1).

(3)Before publishing a statement the HCA must consult such persons as it considers appropriate.

Commencement Information

I47S. 44 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

OtherE+W

45Support servicesE+W

(1)The HCA may provide services in support of a project.

(2)The HCA may, in particular—

(a)second staff to the project,

(b)provide consultants or other manpower resources to the project on a temporary basis, or

(c)lend or otherwise provide technical, property or other resources to the project.

(3)The HCA may facilitate the provision of services in support of a project.

Commencement Information

I48S. 45 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(t) (with arts. 6-13)

Chapter 5E+WSupplementary

Certain supervisory powers of the Secretary of StateE+W

46Guidance by the Secretary of StateE+W

(1)The Secretary of State may give guidance to the HCA as to the exercise of any of its functions.

(2)Before giving guidance under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(3)The Secretary of State must publish any guidance given under this section as soon as reasonably practicable after giving it.

(4)The Secretary of State may revoke guidance given under this section.

(5)The Secretary of State must—

(a)consult, before revoking guidance under this section, such persons as the Secretary of State considers appropriate, and

(b)publish the fact that the guidance has been revoked as soon as reasonably practicable after the revocation.

(6)The HCA must, in exercising its functions, have regard to any guidance for the time being in force under this section.

(7)References in this section to giving guidance include references to giving guidance by varying existing guidance.

F46(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I49S. 46 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

47Directions by the Secretary of StateE+W

(1)The Secretary of State may give the HCA general or specific directions as to the exercise of any of its functions.

(2)The Secretary of State must publish any directions given by the Secretary of State under this Part as soon as reasonably practicable after giving them.

(3)The Secretary of State—

(a)may revoke any directions given by the Secretary of State under this Part, and

(b)must publish the fact that the directions have been revoked as soon as reasonably practicable after the revocation.

(4)The HCA must comply with any directions of the Secretary of State in force under this Part.

(5)Subsections (2) and (3)(b) do not apply to directions given under section 22 or paragraph 7 of Schedule 1; and this section does not apply to directions given under Schedule 4.

(6)References in this Part to the Secretary of State giving directions include references to the Secretary of State giving directions by varying existing directions.

F47(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I50S. 47 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

48Consents of the Secretary of StateE+W

(1)Any consent of the Secretary of State required under this Part may be given—

(a)unconditionally or subject to conditions, and

(b)generally or specifically.

(2)The Secretary of State may vary or revoke any such consent except in the case of anything already done, or agreed to be done, on the authority of it.

(3)A variation or revocation under subsection (2) does not have effect until the Secretary of State has served notice of it on the HCA or (as the case may be) the other person to whom the consent is given.

Commencement Information

I51S. 48 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(u) (with arts. 6-13)

Abolition of existing bodiesE+W

49Abolition of Urban Regeneration AgencyE+W

The Urban Regeneration Agency shall cease to exist on such day as the Secretary of State may by order appoint.

Modifications etc. (not altering text)

C98S. 49: 1.4.2009 appointed by S.I. 2009/801, art. 2

Commencement Information

I52S. 49 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

50Abolition of the Commission for the New TownsE+W

(1)The Commission for the New Towns shall cease to exist on such day as the Secretary of State may by order appoint.

(2)Schedule 5 (which transfers Welsh functions of the Commission to the Welsh Ministers and makes other amendments of the New Towns Act 1981 (c. 64)) has effect.

Modifications etc. (not altering text)

C99S. 50(1): 1.4.2009 appointed by S.I. 2009/801, art. 2

Commencement Information

I53S. 50(1) in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

I54S. 50(2) in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 2(1)(v) (with arts. 6-13)

I55S. 50(2) in force at 1.4.2009 for specified purposes by S.I. 2009/803, art. 3(1)

51Property etc. transfers to the HCA and the Welsh MinistersE+W

(1)The Secretary of State may make one or more schemes for—

(a)the transfer to the HCA of designated property, rights or liabilities of—

(i)the Urban Regeneration Agency,

(ii)the Commission for the New Towns,

F48(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., or

(iv)a Minister of the Crown, or

(b)the transfer to the Welsh Ministers of designated property, rights or liabilities of—

(i)the Urban Regeneration Agency, or

(ii)the Commission for the New Towns.

(2)On the transfer date, the designated property, rights or liabilities are transferred and vest in accordance with the scheme.

(3)Schedule 6 (which makes further provision about the making of schemes) has effect.

[F49(3A)A scheme under this section may not make provision in relation to land which is held by the Secretary of State and was acquired, or is treated as having been acquired, under section 39 of the Forestry Act 1967 (power to acquire land which is suitable for afforestation or purposes connected with forestry).]

(4)In this section and in Schedule 6—

  • “designated” in relation to a scheme, means specified in, or determined in accordance with, the scheme,

  • “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26),

  • “the transfer date” means a date specified by a scheme as the date on which the scheme is to have effect.

(5)Schedule 7 makes provision about the tax implications of schemes under this section (and schemes under section 65).

Textual Amendments

F48S. 51(1)(a)(iii) (but not the final "or") repealed (1.7.2012 at 0.02 a.m.) by Public Bodies Act 2011 (c. 24), s. 38(3), Sch. 6 (with Note 1); S.I. 2012/1662, art. 2(2)(b)

F49S. 51(3A) inserted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 31(3), 57(5)(e)

Commencement Information

I56S. 51 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

52Role of the HCA in relation to former CNT functionsE+W

(1)The HCA must, so far as practicable, exercise its powers in relation to—

(a)any property, rights or liabilities of the Commission for the New Towns transferred to it by virtue of section 51 and Schedule 6,

(b)any property, rights or liabilities of a new town development corporation transferred to it by virtue of section 41 of, and Schedule 10 to, the New Towns Act 1981 (c. 64),

(c)any undertaking, or part of an undertaking, of an urban development corporation transferred to it by virtue of an agreement under section 165 of the Local Government, Planning and Land Act 1980 (c. 65), or

(d)any property, rights or liabilities of an urban development corporation transferred to it by virtue of an order under section 165B of that Act,

for the purposes of the objects mentioned in section 2(1) or for purposes incidental to those purposes.

(2)But subsection (1) does not apply if the HCA does not consider it appropriate to exercise its powers in this way having regard, in particular, to the purposes for which the transferred property was held by the Commission for the New Towns, the new town development corporation or (as the case may be) the urban development corporation.

(3)In such a case, the HCA must exercise its powers in relation to the transferred property in such a way as it considers appropriate having regard, in particular, to—

(a)the objects mentioned in section 2(1), and

(b)the purposes for which the transferred property was held by the body concerned,

and the references in this Part to the objects of the HCA are to be read accordingly.

(4)In this section—

  • “new town development corporation” means a development corporation established under section 3 of the New Towns Act 1981 (c. 64),

  • “transferred property” means any property, rights or liabilities, or any undertaking or part of an undertaking, falling within paragraphs (a) to (d) of subsection (1) above.

Commencement Information

I57S. 52 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

53Interim arrangementsE+W

(1)The Secretary of State may by notice require the Urban Regeneration Agency or the Commission for the New Towns to provide staff, premises, facilities or other assistance on a temporary basis to—

(a)the HCA, or

(b)the Welsh Ministers.

F50(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)This section is without prejudice to the power of the Secretary of State under section 322(1).

Textual Amendments

Commencement Information

I58S. 53 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

OtherE+W

[F5153A Other property etc transfers to the HCAE+W

(1)The Secretary of State may at any time make one or more schemes for the transfer to the HCA of designated property, rights or liabilities of a specified public body.

(2)In subsection (1) “specified public body” means a public body which is for the time being specified, or of a description specified, by regulations made by the Secretary of State.

(3)On the date specified by a scheme as the date on which the scheme is to have effect, the designated property, rights or liabilities are transferred and vest in accordance with the scheme.

(4)Schedule 6 applies to a scheme under this section.

(5)The Secretary of State may not make a scheme under this section unless the specified public body to which the scheme relates has consented to its provisions.

(6)A scheme under this section may not make provision in relation to land which is held by the Secretary of State and was acquired, or is treated as having been acquired, under section 39 of the Forestry Act 1967 (power to acquire land which is suitable for afforestation or purposes connected with forestry).

(7)In this section—

  • “designated”, in relation to a scheme, means specified in or determined in accordance with the scheme;

  • “public body” means a person or body with functions of a public nature.

(8)This section and section 53B bind the Crown, but do not have effect in relation to property, rights or liabilities belonging to—

(a)Her Majesty in right of the Crown,

(b)Her Majesty in right of Her private estates,

(c)Her Majesty in right of the Duchy of Lancaster, or

(d)the Duchy of Cornwall.

(9)The reference in subsection (8) to Her Majesty's private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862.

Textual Amendments

F51Ss. 53A, 53B inserted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 31(2), 57(5)(e)

53BTax consequences of transfers under section 53AE+W

(1)The Treasury may by regulations make provision for varying the way in which a relevant tax has effect from time to time in relation to—

(a)any property, rights or liabilities transferred in accordance with a transfer scheme under section 53A, or

(b)anything done for the purposes of, or in relation to, or in consequence of, the transfer of any property, rights or liabilities in accordance with such a transfer scheme.

(2)The provision that may be made under subsection (1)(a) includes, in particular, provision for—

(a)a tax provision not to apply, or to apply with modifications, in relation to any property, rights or liabilities transferred;

(b)any property, rights or liabilities transferred to be treated in a specified way for the purposes of a tax provision;

(c)the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to any property, rights or liabilities transferred.

(3)The provision that may be made under subsection (1)(b) includes, in particular, provision for—

(a)a tax provision not to apply, or to apply with modifications, in relation to anything done for the purposes of, or in relation to, or in consequence of, the transfer;

(b)anything done for the purposes of, or in relation to, or in consequence of, the transfer to have or not to have a specified consequence or be treated in a specified way;

(c)the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything done for the purposes of, or in relation to, or in consequence of, the transfer.

(4)In this section—

  • “relevant tax” means income tax, corporation tax, capital gains tax, stamp duty, stamp duty land tax or stamp duty reserve tax;

  • “tax provision” means a provision of an enactment about a relevant tax.

(5)References in this section to the transfer of property, rights or liabilities in accordance with a transfer scheme under section 53A include references to—

(a)the creation of interests, rights or liabilities under the scheme, and

(b)the modification of interests, rights or liabilities under the scheme,

(and “transferred”, in relation to property, rights or liabilities, is to be read accordingly).]

Textual Amendments

F51Ss. 53A, 53B inserted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 31(2), 57(5)(e)

54Validity of transactionsE+W

(1)A transaction between a person and the HCA is not invalid merely because of a failure by the HCA to exercise its powers for the purposes mentioned in sections 3 and 4(2).

(2)A transaction between a person and the HCA is not invalid merely because it was carried out in contravention of a direction under section 47.

(3)A transaction between a person and a subsidiary of the HCA is not invalid merely because of a failure by the HCA to comply with section 41(1) or (2).

(4)A person entering into a transaction with the HCA or a subsidiary of the HCA need not be concerned as to whether—

(a)there has been a failure of the kind mentioned in subsection (1) or (3), or

(b)a direction of the kind mentioned in subsection (2) has been given or complied with.

(5)A disposal of land by the HCA is not invalid merely because any consent required by section 10(1) or (3) has not been given.

(6)A person dealing with—

(a)the HCA, or

(b)a person claiming under the HCA,

in relation to any land need not be concerned as to whether any consent required by section 10(1) or (3) has been given.

Commencement Information

I59S. 54 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

55NoticesE+W

(1)Any notice required or authorised under this Part to be served on any person may be served by—

(a)delivering it to the person,

(b)leaving it at the person's proper address, or

(c)sending it by post to the person at that address.

(2)Any such notice may—

(a)in the case of a body corporate, be served in accordance with subsection (1) on an officer of the body, and

(b)in the case of a partnership, be served in accordance with subsection (1) on a partner or a person having the control or management of the partnership business.

(3)For the purposes of this section and section 7 of the Interpretation Act 1978 (c. 30) (service of documents by post) in its application to this section, the proper address of any person on whom a notice is to be served is the person's last known address except as follows.

(4)For the purposes of this section and section 7 of the Act of 1978 in its application to this section, the proper address is—

(a)in the case of service on a body corporate or an officer of the body, the address of the registered or principal office of the body, and

(b)in the case of service on a partnership, a partner or a person having the control or management of the partnership business, the address of the principal office of the partnership.

(5)For the purposes of subsection (4) the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

(6)Subsection (7) applies if a person to be served under this Part with a notice has specified an address within the United Kingdom other than the person's proper address (as decided under subsections (3) and (4)) as the one at which the person, or someone on the person's behalf, will accept documents of the same description as the notice.

(7)The specified address is also to be treated for the purposes of this section and section 7 of the Act of 1978 in its application to this section as the person's proper address.

(8)Subsection (9) applies if the name or address of any owner, lessee or occupier of land on whom a notice is to be served under this Part cannot, after reasonable inquiry, be ascertained.

(9)The notice may be served by—

(a)leaving it in the hands of a person who is, or appears to be, resident or employed on the land, or

(b)leaving it conspicuously affixed to a building or object on the land.

(10)Any notice required or authorised under this Part to be served on any person may be served on the person by transmitting the text of the notice to the person by means of an electronic communications network or by other means but while in electronic form provided the text is received by the person in legible form and is capable of being used for subsequent reference.

(11)In this section—

  • “body corporate” includes a limited liability partnership,

  • “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate,

  • “officer of a body corporate” means any director, manager, secretary or other similar officer of the body corporate,

  • “partnership” does not include a limited liability partnership,

and references to serving include references to similar expressions (such as giving or sending).

Commencement Information

I60S. 55 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

56Consequential amendments: Part 1E+W

Schedule 8 (which contains amendments of enactments) has effect.

Commencement Information

I61S. 56 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 2(1)

I62S. 56 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 2(1)(w) (with arts. 6-13)

I63S. 56 in force at 1.4.2009 for specified purposes by S.I. 2009/803, art. 3(2)

I64S. 56 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

57Interpretation: Part 1E+W

(1)In this Part—

  • F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “develop” (and development), in relation to land or infrastructure, includes redevelop (and redevelopment),

  • “electronic communications apparatus” has the same meaning as in the electronic communications code,

  • “the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the Communications Act 2003 (c. 21),

  • “electronic communications code network” means—

    (a)

    so much of an electronic communications network or conduit system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the Act of 2003 (application of the electronic communications code), and

    (b)

    an electronic communications network which the Secretary of State is providing or proposing to provide,

  • “electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the Act of 2003,

  • “electronic communications network” has the same meaning as in the Act of 2003,

  • “enactment” includes subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)),

  • “financial year” means—

    (a)

    the period beginning with the day on which the HCA is established and ending with the next 31 March, and

    (b)

    each subsequent period of 12 months ending with 31 March,

  • “improve”, in relation to housing and other land, includes refurbish, equip and fit out,

  • [F53“infrastructure system” has the meaning given by paragraph 7(1) of Schedule 3A to the Communications Act 2003 (the electronic communications code), and a reference to providing such a system is to be read in accordance with paragraph 7(2) of the code (reference to provision includes establishing or maintaining),]

  • “modifications” includes omissions,

  • “notice” means notice in writing,

  • “operator”, in relation to an electronic communications code network means—

    (a)

    the electronic communications code operator providing that network, or

    (b)

    the Secretary of State, so far as the Secretary of State is providing or proposing to provide that network,

  • “provide” and related expressions, in relation to an electronic communications network, are to be read in accordance with section 32(4) of the Communications Act 2003 (c. 21).

(2)References in this Part to powers of the HCA do not include references to powers contained in duties imposed on the HCA.

Textual Amendments

F52Words in s. 57(1) omitted (28.12.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 52; S.I. 2017/1286, reg. 2(d)

Commencement Information

I65S. 57 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 2(1)

I66S. 57 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 2(1)(x) (with arts. 6-13)

I67S. 57 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

58Index of defined expressions: Part 1E+W

In this Part, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column.

ExpressionProvision
AllotmentSection 9(7)
BuildingSection 2(3)
CaravanSection 2(3)
CommonSection 9(7)
F54. . .F54. . .
Designated areaSection 13(5)
Designation orderSection 13(5)
Develop (and development)Section 57(1)
Electronic communications apparatusSection 57(1)
Electronic communications codeSection 57(1)
Electronic communications code networkSection 57(1)
Electronic communications code operatorSection 57(1)
Electronic communications networkSection 57(1)
EnactmentSection 57(1)
Financial yearSection 57(1)
Giving directionsSection 47(6)
The HCASection 1(1)
HousingSection 2(3)
ImproveSection 57(1)
InfrastructureSection 2(3)
[F55Infrastructure system (and providing such a system) Section 57(1)]
LandSection 2(3) (and Schedule 1 to the Interpretation Act 1978 (c. 30))
Local planning authority (in relation to designation orders or proposed designation orders)Section 13(5)
ModificationsSection 57(1)
NoticeSection 57(1)
Objects of the HCASections 2, 19(5) and 52(3)
Open spaceSection 9(7)
Operator (in relation to electronic communications code network)Section 57(1)
Permitted purposesSection 13(5)
Powers of the HCASection 57(2)
Provide (in relation to an electronic communications network)Section 57(1)
Registered provider of social housingSection 80(2)(a)
F56. . .F56. . .
Social housing (and its provision)Section 32(13)
Social housing assistanceSection 32(13)
SubsidiarySection 23(5)
Urban development corporationSection 42(7)

Textual Amendments

F54Words in s. 58 omitted (28.12.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 53; S.I. 2017/1286, reg. 2(d)

Commencement Information

I68S. 58 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 2(1)

I69S. 58 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 2(1)(x) (with arts. 6-13)

I70S. 58 in force at 1.4.2009 for specified purposes by S.I. 2009/803, art. 2(1)(e)

I71S. 58 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

Part 2E+WRegulation of Social Housing

Modifications etc. (not altering text)

Chapter 1E+WIntroduction

PreliminaryE+W

59PurposeE+W

The purpose of this Part is to regulate the provision of social housing (as defined in sections 68 to 77) by English bodies (as defined in section 79) [F57and local authorities (as defined in section 275)].

Textual Amendments

Commencement Information

I72S. 59 in force at 8.9.2008 by S.I. 2008/2358, art. 3(1)

60Structural overviewE+W

(1)This Part replaces the system of “registered social landlords” under Part 1 of the Housing Act 1996 (c. 52).

(2)That Part will continue to apply in relation to Wales (see section 61).

(3)Certain provisions of that Part—

F58(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)are preserved although they apply to England only (see section 124).

F59(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I73S. 60 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

61Restriction of “registered social landlord” system to WalesE+W

(1)Part 1 of the Housing Act 1996 (c. 52) (social rented sector) is amended as follows (and the title of Part 1 becomes “Social Rented Sector in Wales”).

(2)Before section 1 (register of social landlords) insert—

“A1Introduction

This Chapter provides for the registration of social landlords in Wales.”

(3)In section 1—

(a)for “The Relevant Authority” substitute “ The Welsh Ministers ”, and

(b)omit subsections (1A) and (1B).

(4)After section 1 insert—

“1AWelsh bodies

In this Chapter “Welsh body” means a body which is—

(a)a registered charity whose address, for the purposes of registration by the Charity Commission for England and Wales, is in Wales,

(b)[F60a registered society] whose registered office for the purposes of the Industrial and Provident Societies Act 1965 is in Wales, or

(c)a company within the meaning of the Companies Act 2006 which has its registered office for the purposes of that Act in Wales.”

(5)In section 2 (eligibility for registration)—

(a)in subsection (1), for “A body” substitute “ A Welsh body ”,

(b)in subsection (2) after “that the body is” insert “ principally concerned with Welsh housing, is ”,

(c)after subsection (2) insert—

“(2A)A body is principally concerned with Welsh housing if the Welsh Ministers think—

(a)that it owns housing only or mainly in Wales, or

(b)that its activities are principally undertaken in respect of Wales;

and once a body has been registered in reliance on paragraph (a) or (b) it does not cease to be eligible for registration by virtue only of ceasing to satisfy that paragraph.”,

(d)in subsection (7) for “Secretary of State” (in each place) substitute “ Welsh Ministers ”, and

(e)in subsection (8) for “either House of Parliament” substitute “ the National Assembly for Wales ”.

(6)In section 3 (registration)—

(a)in subsection (1) for “any body” substitute “ any Welsh body ”, and

(b)in subsection (4) for “A body” substitute “ A Welsh body ”.

(7)The table sets out substitutions which have effect throughout the Part (except section 51 and Schedule 2); and where necessary in consequence of those substitutions, for words in the singular substitute appropriate corresponding words in the plural.

ExpressionSubstitution
“the Relevant Authority”“the Welsh Ministers”
“the Authority”“the Welsh Ministers”
“the Relevant Authority's”“the Welsh Ministers”

(8)Omit section 56 (meaning of “the Relevant Authority”).

(9)Sections 62 and 63 make other consequential amendments.

Textual Amendments

Commencement Information

I74S. 61 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

62References to Welsh MinistersE+W

In the following provisions of the Housing Act 1996 (c. 52)—

(a)for “Secretary of State” substitute “ Welsh Ministers ”,

(b)for “Secretary of State makes” substitute “ Welsh Ministers make ”,

(c)for “he” substitute “ they ”,

(d)for “him” substitute “ them ” (except in section 12A(4)), and

(e)for “considers” substitute “ consider ”.

ProvisionTopic
Section 9(1A)(b)Consent for disposal of land
Section 12A(4)Right of first refusal: regulations
Section 15A(5)Deferred resale agreements: order
F61. . .F61. . .
Section 18(5)(b)Social housing grants: appointment of agent
Section 23(6)Loans: approved schemes
Section 27A(3)Grants to other bodies: further provision
Section 29(1), (2) and (3)Commutation of special residual subsidy
Section 30(5)(b)Collection of information: notice
Section 39(3)Insolvency etc: order defining terms
Section 46(7)(b)Appointment of manager: order
Section 52(1) and (3)Orders: general
Section 53(1), (4) and (5)Determinations: general
Section 55(2)Consequential: order
Paragraph 9(3A)(b) of Schedule 1Change of rules of [F62registered society]: consent
Paragraph 11(3A)(b) of Schedule 1Change of articles of company: consent
Paragraph 15A(1) of Schedule 1Transfer of assets of charity on dissolution: order

Textual Amendments

F62Words in Act substituted (1.8.2014 immediately after s. 1 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010 comes into force) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 123 (with Sch. 5)

Commencement Information

I75S. 62 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

63References to National Assembly for WalesE+W

In the following provisions of the Housing Act 1996 (c. 52) for “either House of Parliament” substitute “ the National Assembly for Wales ”.

ProvisionTopic
Section 12A(8)(b)Right of first refusal: regulations
Section 15A(6)(b)Deferred resale agreements: order
F63. . .F63. . .
Section 27A(10)Grants to other bodies: order
Section 39(3)Insolvency: order
Section 55(3)Consequential: order
Paragraph 15A(4) of Schedule 1Transfer of assets of charity on dissolution: order

Textual Amendments

Commencement Information

I76S. 63 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

64Dissolution of Housing CorporationE+W

(1)The Secretary of State shall by order make provision for the dissolution of the Housing Corporation.

(2)The Secretary of State may by order make consequential amendment of enactments referring to the Housing Corporation.

(3)Omit section 33A of the Housing Associations Act 1985 (c. 69) (provision of services between the Corporations).

Commencement Information

I77S. 64(1)(2) in force at 16.2.2009 by S.I. 2009/363, art. 2

I78S. 64(3) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

65Transfer schemesE+W

(1)The Secretary of State may make one or more schemes for the transfer of the Housing Corporation's property, rights or liabilities to—

(a)the regulator,

(b)the HCA, or

(c)the Secretary of State.

(2)On the transfer date, the designated property, rights or liabilities are transferred and vest in accordance with the scheme.

(3)Schedule 6 applies to a scheme under this section.

(4)In this section—

  • “designated”, in relation to a scheme, means specified in or determined in accordance with the scheme;

  • “the transfer date” means the date specified by a scheme as the date on which the scheme is to have effect.

(5)Schedule 7 makes provision about the tax implications of schemes under this section (and schemes under section 51).

Commencement Information

I79S. 65 in force at 8.9.2008 by S.I. 2008/2358, art. 3(1)

66Interim arrangementsE+W

The Secretary of State may by notice require the Housing Corporation to provide staff, premises, facilities or other assistance to—

(a)the regulator, or

(b)the HCA.

Commencement Information

I80S. 66 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, art. 3(1)

67Transitional arrangementsE+W

(1)The Secretary of State may by order transfer functions of the Housing Corporation to—

(a)the regulator,

(b)the HCA, or

(c)the regulator and the HCA jointly or concurrently.

(2)An order under subsection (1) may make provision in relation to English registered social landlords which is similar to any provision made by this Part in relation to registered providers.

(3)“English registered social landlord” means a body—

(a)which is registered as a social landlord under Part 1 of the Housing Act 1996, and

(b)which does not fall within paragraphs (a) to (c) of section 56(2) of that Act (Welsh bodies).

(4)The Secretary of State may by order make further provision in respect of a function transferred under this section (which may, in particular, include provision for the function to cease to be exercisable).

(5)Provision made under this section, including provision made by virtue of section 320(1)(d), may modify an enactment.

(6)Provision under section 322(1) in connection with the coming into force of a provision of this Act may, in particular, include transitional provision having regard to the effect of provision made under this section.

Commencement Information

I81S. 67 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, art. 3(1)

I82S. 67 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

Social housingE+W

68Basic principleE+W

(1)In this Part “social housing” means—

(a)low cost rental accommodation (defined by section 69), and

(b)low cost home ownership accommodation (defined by section 70).

(2)Accommodation which becomes “social housing” by satisfying subsection (1)(a) or (b) remains “social housing” for the purposes of this Part unless and until an event specified in sections 73 to 76 occurs.

(3)Section 77 makes transitional provision as a result of which certain accommodation is to be treated as “social housing” whether or not it satisfies subsection (1)(a) or (b).

Commencement Information

I83S. 68 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I84S. 68 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

69Low cost rentalE+W

Accommodation is low cost rental accommodation if—

(a)it is made available for rent,

(b)the rent is below the market rate, and

(c)the accommodation is made available in accordance with rules designed to ensure that it is made available to people whose needs are not adequately served by the commercial housing market.

Commencement Information

I85S. 69 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I86S. 69 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

70Low cost home ownershipE+W

(1)Accommodation is low cost home ownership accommodation if the following conditions are satisfied.

(2)Condition 1 is that the accommodation is occupied, or made available for occupation, in accordance with—

(a)shared ownership arrangements,

(b)equity percentage arrangements, or

(c)shared ownership trusts.

(3)Condition 2 is that the accommodation is made available in accordance with rules designed to ensure that it is made available to people whose needs are not adequately served by the commercial housing market.

(4)“Shared ownership arrangements” means arrangements under a lease which—

(a)is granted on payment of a premium calculated by reference to a percentage of either the value of the accommodation or the cost of providing it, and

(b)provides that the tenant (or the tenant's personal representatives) will or may be entitled to a sum calculated by reference to the value of the accommodation.

(5)“Equity percentage arrangements” means arrangements under which—

(a)the owner of a freehold or leasehold interest in residential property (“the seller”) conveys it to an individual (“the buyer”),

(b)the buyer, in consideration for the conveyance—

(i)pays the seller a sum (the “initial payment”) expressed to represent a percentage of the value of the interest at the time of the conveyance, and

(ii)agrees to pay the seller other sums calculated by reference to a percentage of the value of the interest at the time when each sum is to be paid, and

(c)the liability to make any payment required by the arrangements (apart from the initial payment) is secured by a mortgage.

(6)Shared ownership trusts has the same meaning as in Schedule 9 to the Finance Act 2003 (c. 14) (stamp duty land tax).

(7)The Secretary of State may make regulations amending—

(a)the definition of “low cost home ownership accommodation”;

(b)the definition of any of the sub-categories specified in that definition.

Commencement Information

I87S. 70 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I88S. 70 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

71Shared ownership low cost rentalE+W

Accommodation which is both low cost rental accommodation and low cost home ownership accommodation is to be treated as the latter and not as the former.

Commencement Information

I89S. 71 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I90S. 71 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

72RegulationsE+W

(1)The Secretary of State may make regulations providing that specified property, or a specified class of property, is or is not to be treated as social housing for the purposes of this Part.

(2)The regulations may provide for property to be social housing despite not satisfying section 68(1)(a) or (b) where the Secretary of State thinks the property is of a kind, or is provided in circumstances, that serve the needs of a group whose needs are not adequately served by the commercial housing market.

(3)The regulations—

(a)may override section 68(2),

(b)are subject to sections 68(3) and 77, and

(c)are subject to sections 69 and 70 (but may clarify doubt about the application of those sections).

(4)The regulations—

(a)may make provision by reference to the opinion of the regulator or another specified person, and

(b)may make provision by reference to designation, agreement or other action by the regulator or another specified person.

Commencement Information

I91S. 72 in force at 8.9.2008 by S.I. 2008/2358, art. 3(1)

73Leaving the social housing stock: saleE+W

(1)A dwelling ceases to be social housing if it is sold to the tenant.

(2)Low cost rental accommodation is “sold to the tenant” when the tenant exercises a statutory or contractual right and as a result becomes the owner of—

(a)the freehold interest in the property, or

(b)the leasehold interest previously owned by the person providing the social housing.

(3)Low cost home ownership accommodation of the shared ownership kind is “sold to the tenant” when the tenant exercises a statutory or contractual right and as a result becomes the owner of—

(a)the freehold interest in the property, or

(b)the leasehold interest previously owned by the person providing the social housing.

(4)Low cost home ownership accommodation of the equity percentage kind is “sold to the tenant” when the “buyer” (see section 70(5)(a)) exercises a statutory or contractual right as a result of which the equity percentage arrangements (see section 70(5)) come to an end.

(5)Low cost home ownership accommodation of the shared ownership trust kind comes to an end when the “purchaser” (see paragraph 7(4)(a) of Schedule 9 to the Finance Act 2003 (c. 14)) exercises a statutory or contractual right as a result of which the trust comes to an end.

Commencement Information

I92S. 73 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I93S. 73 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

74Leaving the social housing stock: [F64ending of] leaseE+W

(1)A dwelling ceases to be social housing if—

(a)the provider holds a leasehold interest in the dwelling, and

(b)the leasehold interest [F65determines (whether by effluxion of time or in any other way)].

[F66(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.]

Textual Amendments

Commencement Information

I94S. 74 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I95S. 74 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

[F6774ALeaving the social housing stock: transfer by private providersE+W

(1)A dwelling ceases to be social housing if a private registered provider F68... owns the freehold or a leasehold interest and transfers it to a person who is not a registered provider F68....

(2)Subsection (1) does not apply if and for so long as the private registered provider has a right to have the interest transferred back to it.

(3)Subsection (1) does not apply where low cost home ownership accommodation is transferred to—

(a)the “buyer” under equity percentage arrangements (see section 70(5)), or

(b)the trustees under a shared ownership trust (see section 70(6)).

(4)See section 73 for circumstances when low cost home ownership accommodation ceases to be social housing.]

Textual Amendments

75Leaving the social housing stock: [F69local authority] disposal with consentE+W

F70(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F71(1A)A dwelling ceases to be social housing if it is—

(a)disposed of with the Secretary of State’s consent in accordance with section 32 or 43 of the Housing Act 1985 (disposals by local authorities),

(b)appropriated with the Secretary of State’s consent in accordance with section 19(2) of that Act (appropriation by local authorities for some other purpose), or

(c)disposed of by a local authority with the Secretary of State’s consent in accordance with any other enactment.]

(2)[F72Subsection (1A) does] not apply to a disposal in pursuance of shared ownership arrangements or equity percentage arrangements.

(3)[F72Subsection (1A) does] not apply if the consent is conditional upon the dwelling continuing to be low cost rental accommodation or low cost home ownership accommodation.

(4)A condition of that kind shall include provision for determining when the dwelling ceases to be social housing.

Textual Amendments

Commencement Information

I96S. 75 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I97S. 75 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

76Leaving the social housing stock: regulator's directionE+W

(1)The regulator may direct that a specified dwelling is to cease to be social housing.

(2)The regulator may make a direction only on the application of the provider.

[F73(3)A direction may not be made if the provider is a local authority.]

Textual Amendments

Commencement Information

I98S. 76 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I99S. 76 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

77Housing stock under Housing Act 1996E+W

(1)This section applies to property owned by a registered social landlord within the meaning of Part 1 of the Housing Act 1996 (c. 52) before the coming into force of section 61 of this Act.

(2)Property to which this section applies is social housing—

(a)whether or not it satisfies section 68(1)(a) or (b), and

(b)unless and until an event specified in sections 73 to 76 occurs.

(3)But property to which any of the exceptions below applies when section 61 comes into force is social housing only if the purchase, construction or renovation of the property was funded by means of a grant under—

(a)section 19 (financial assistance by the HCA),

(b)section 18 of the Housing Act 1996 (social housing grant), or

(c)section 50 of the Housing Act 1988, section 41 of the Housing Associations Act 1985 (c. 69) or section 29 or 29A of the Housing Act 1974 (c. 44) (housing association grant).

(4)Exception 1 is accommodation let on the open market.

(5)Exception 2 is accommodation made available only to students in full-time education or training.

(6)Exception 3 is a care home (within the meaning of the Care Standards Act 2000 (c. 14)) in which nursing is provided.

(7)Exception 4 is accommodation provided in response to a request by the Secretary of State under section 100 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum seekers).

(8)Exception 5 is property of a kind specified by regulations made by the Secretary of State.

Commencement Information

I100S. 77 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I101S. 77 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

Other key conceptsE+W

F7478Regulator of Social HousingE+W

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

Textual Amendments

79English bodiesE+W

(1)In this Part “English body” means—

(a)a registered charity whose address for the purposes of registration by the Charity Commission is in England,

(b)[F60a registered society] whose registered office for the purposes of [F75the Co-operative and Community Benefit Societies Act 2014] is in England,

(c)a registered company which has its registered office in England,

F76(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F77(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [F78and

(f)a limited liability partnership which has its registered office in England.]

F79(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F79(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F79(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F79(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I102S. 79 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I103S. 79 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

80Provider of social housingE+W

(1)In this Chapter a reference to the provider of social housing is to be construed as follows.

Type of social housingProvider
Low cost rental accommodationThe landlord
Low cost home ownership accommodation: shared ownershipThe landlord
Low cost home ownership accommodation: equity percentage“The seller” within the meaning of section 70(5)(a)
Low cost home ownership accommodation: shared ownership trustThe “social landlord” within the meaning of paragraph 7(3) of Schedule 9 to the Finance Act 2003

(2)Chapter 3 provides for the establishment of a register of providers of social housing: persons listed in the register—

(a)may be referred to in an enactment or other instrument as “registered providers of social housing”, and

(b)are referred to in this Part as “registered providers”.

[F80(3)Persons listed in the register who are not local authorities—

(a)may be referred to in an enactment or other instrument as “private registered providers of social housing”, and

(b)are referred to in this Part as “private registered providers”.]

Textual Amendments

Commencement Information

I104S. 80 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I105S. 80 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

Chapter 2E+WThe Social Housing Regulator

[F81The RegulatorE+W

Textual Amendments

80A.EstablishmentE+W

(1)The Regulator of Social Housing is established as a body corporate.

(2)The Regulator of Social Housing is referred to in this Part as “the regulator”.

(3)The regulator (and any member of the regulator)—

(a)is not the servant or agent of the Crown, and

(b)does not share any immunity or privilege of the Crown.

(4)No property of the regulator is to be regarded as property of, or held on behalf of, the Crown.

80B.MembershipE+W

(1)The regulator is to consist of—

(a)a person appointed by the Secretary of State as chair (“the chair”),

(b)at least 6 and no more than 10 other members, appointed by the Secretary of State, and

(c)the chief executive appointed under section 80D(1).

(2)The Secretary of State must consult the chair before appointing a member under subsection (1)(b).

(3)In appointing a person to be an appointed member the Secretary of State must—

(a)have regard to the desirability of appointing a person who has experience of, and has shown some capacity in, matters relevant to the exercise of the functions of the regulator, and

(b)be satisfied that the person has no financial or other interest likely to affect prejudicially the exercise of the person’s functions as a member.

(4)The Secretary of State may require any person who the Secretary of State proposes to appoint as an appointed member to provide any information the Secretary of State considers necessary for the purposes of subsection (3)(b).

(5)In this Part “appointed member” means—

(a)the chair, or

(b)a member appointed under subsection (1)(b).

80C.Terms of appointment of membersE+W

(1)An appointed member holds and vacates office in accordance with the appointed member’s terms of appointment (subject to this section).

(2)An appointed member may resign by notice to the Secretary of State.

(3)The Secretary of State may dismiss an appointed member who—

(a)has been absent from meetings of the regulator for a period of more than 6 months without its permission,

(b)has become bankrupt or has made an arrangement with the member’s creditors,

(c)the Secretary of State thinks has failed to comply with the member’s terms of appointment,

(d)the Secretary of State thinks has failed to comply with the member’s obligations under section 92P (members’ interests),

(e)the Secretary of State thinks is otherwise unable, unfit or unsuitable to perform the functions of the member.

80D.StaffE+W

(1)The chair and other appointed members of the regulator must appoint a chief executive.

(2)But a person may be appointed as chief executive under subsection (1) only if approved by the Secretary of State.

(3)The regulator may appoint other staff.

(4)The regulator may pay to its staff such remuneration and allowances as it may decide.

(5)The regulator may—

(a)pay such pensions, allowances or gratuities to or in respect of any, or any former, member of staff, or

(b)pay such sums towards the provision for the payment of pensions, allowances or gratuities to or in respect of any, or any former, member of staff,

as it may decide.]

ConstitutionE+W

F8281EstablishmentE+W

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

Textual Amendments

F8382MembershipE+W

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

Textual Amendments

F8483TenureE+W

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

Textual Amendments

F8584Chief executiveE+W

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

Textual Amendments

F8685Other staffE+W

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

Textual Amendments

ProceedingsE+W

F8786Fundamental objectivesE+W

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

Textual Amendments

F8887ProcedureE+W

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

Textual Amendments

F8988Conflict of interestE+W

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

Textual Amendments

F9089CommitteesE+W

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

Textual Amendments

F9190DelegationE+W

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

Textual Amendments

F9291SealE+W

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

Textual Amendments

F9392Annual reportE+W

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

Textual Amendments

F94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F9492ARegulation functions of the HCAE+W

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

F94 92B The Regulation CommitteeE+W

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

F94 92C Membership of the Regulation CommitteeE+W

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

F94 92D Terms of appointment of membersE+W

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

F9492E Remuneration etc of members E+W

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

F9492F Sub-committees of the Regulation CommitteeE+W

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

F9492G Procedure of the Committee and its sub-committeesE+W

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

F9492H Members' interestsE+W

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

F9492I Exercise of functionsE+W

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

F9492J Recommendations to HCAE+W

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

[F95Fundamental objectivesE+W

Textual Amendments

F95Ss. 92A-92K and cross-heading inserted (15.1.2012 for the insertion of ss. 92B(1), 92C, 92D, 92E, 92F, 92G, 92H, 92I, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 26 (with Sch. 16 para. 69); S.I. 2012/57, art. 4(1)(t)(ii) (with arts. 6 7 9-11); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

92K Fundamental objectivesE+W

(1)The regulator must perform its functions with a view to achieving (so far as is possible)—

(a)the economic regulation objective, and

(b)the consumer regulation objective.

(2)The economic regulation objective is—

(a)to ensure that registered providers F96... are financially viable and properly managed, and perform their functions efficiently and economically,

(b)to support the provision of social housing sufficient to meet reasonable demands (including by encouraging and promoting private investment in social housing),

(c)to ensure that value for money is obtained from public investment in social housing,

(d)to ensure that an unreasonable burden is not imposed (directly or indirectly) on public funds, and

(e)to guard against the misuse of public funds.

(3)The consumer regulation objective is—

(a)to support the provision of social housing that is well-managed [F97, safe, energy efficient] and of appropriate quality,

(b)to ensure that actual or potential tenants of social housing have an appropriate degree of choice and protection,

(c)to ensure that tenants of social housing have the opportunity to be involved in its management and to hold their landlords to account, F98...

[F99(ca)to ensure that registered providers act in a transparent manner in relation to their tenants of social housing, and]

(d)to encourage registered providers F100... to contribute to the environmental, social and economic well-being of the areas in which the housing is situated.

(4)The objectives are referred to in this Part as the regulator's fundamental objectives.

(5)The regulator must exercise its functions in a way that—

(a)minimises interference, and

(b)(so far as is possible) is proportionate, consistent, transparent and accountable.]

Textual Amendments

[F101Procedure etc.E+W

Textual Amendments

92L.CommitteesE+W

(1)The regulator may establish committees and sub-committees.

(2)A committee or sub-committee may include non-members (provided that it includes at least one member).

(3)The regulator may, with the consent of the Secretary of State, pay such remuneration and allowances as it thinks fit to any person who—

(a)is a member of a committee or sub-committee, but

(b)is not a member of the regulator.

92M.ProcedureE+W

(1)Subject to the provisions of this Part, the regulator may determine its own procedure and the procedure of any committee or sub-committee.

(2)The regulator must make such arrangements as it thinks appropriate for publishing its procedure.

(3)The validity of any proceedings is not affected by—

(a)any vacancy of the chair, chief executive or any other member,

(b)any defect in the appointment of the chair, chief executive or any other member, or

(c)any contravention of section 92P (members’ interests).

(4)In this section “procedure” includes quorum.

92N.Conflict of interestE+W

(1)The regulator’s procedure under section 92M must include arrangements for dealing with any conflict of interest of—

(a)members,

(b)members of staff, or

(c)members of committees or sub-committees.

(2)The procedure must oblige a person—

(a)to declare any financial or other personal interest relevant to the exercise of a function of the regulator, and

(b)to withdraw from the performance of that function unless the regulator directs otherwise, being satisfied that the interest will not influence performance of the function.

92O.DelegationE+W

(1)The regulator may delegate any of its functions to—

(a)a committee,

(b)a sub-committee,

(c)a member, or

(d)a member of staff.

(2)A committee may further delegate to a sub-committee, a member of the regulator, or a member of staff.

92P.Members’ interestsE+W

(1)A member of the regulator who is directly or indirectly interested in any matter arising at a meeting of the regulator must disclose the nature of that interest to the meeting.

(2)A member of a committee or sub-committee of the regulator who is directly or indirectly interested in any matter arising at a meeting of the committee or sub-committee must disclosure the nature of that interest to the meeting.

(3)Where a member has disclosed an interest within subsection (1) or (2)—

(a)that member must not take part in any deliberation or decision about the matter if it is a contract or agreement of any description, but

(b)may otherwise take part in any deliberation or decision about the matter unless at least one-third of the other members at the meeting decide that the interests disclosed might prejudicially affect the member’s consideration of the matter.

(4)The regulator must prepare and keep up to date a register of members’ interests of the interests disclosed under subsection (1) or (2).

(5)The register required by subsection (4) must include the interests of—

(a)the members of the regulator, and

(b)all members of committees or sub-committees whether or not falling within paragraph (a).

92Q.SealE+W

(1)The application of the regulator’s seal must be authenticated by a member of the regulator or by some other person authorised (generally or specially) by the regulator for that purpose.

(2)A document purporting to be duly executed under the seal—

(a)is to be received in evidence, and

(b)is to be treated as so executed unless the contrary is shown.]

PowersE+W

93GeneralE+W

(1)The regulator may do anything it thinks necessary or expedient for the purpose of or in connection with the performance of a function [F102of the regulator].

(2)In particular, the regulator may do anything it thinks appropriate for advancing its fundamental objectives.

Textual Amendments

F102Words in s. 93(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 27; S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

Commencement Information

I106S. 93 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I107S. 93 in force at 1.4.2009 by S.I. 2009/803, art. 7(a)

94StudiesE+W

(1)The regulator may carry out or commission studies designed to improve the economy, effectiveness and efficiency of registered providers.

(2)The regulator may publish a report on a study.

F103(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I108S. 94 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

95Financial assistanceE+W

(1)The regulator may, where it thinks it advances a fundamental objective, give financial assistance to a person in connection with—

(a)undertaking research,

(b)preparing guidance,

(c)developing and publicising best practice, or

(d)facilitating the management of social housing by tenants.

(2)Financial assistance under subsection (1) may be given—

(a)by way of grant,

(b)by way of loan,

(c)by defraying expenditure on behalf of a person, or

(d)in any other way except purchasing loan or share capital of a body corporate or giving a guarantee or indemnity.

(3)The regulator may, where it thinks it advances a fundamental objective, give financial assistance to [F104a private registered provider] by—

(a)lending money to or in respect of the registered provider, or

(b)giving a guarantee or indemnity in respect of the registered provider.

(4)Financial assistance may be given under subsection (3) only with the consent of the Secretary of State (given with the approval of the Treasury).

(5)Financial assistance under subsection (1) or (3) may be given on conditions (which may include provision for repayment, with or without interest).

Textual Amendments

Commencement Information

I109S. 95(1)(2)(5) in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I110S. 95(1)(2)(5) in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

I111S. 95(3)(4) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

96EvidenceE+W

In considering whether to exercise a power under this Part the regulator may have regard to information or opinions from any source including, in particular, from—

(a)tenants,

(b)bodies representing tenants,

(c)local housing authorities, or

(d)[F105the Commission for Local Administration in England or] [F106a housing ombudsman].

Textual Amendments

Commencement Information

I112S. 96 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I113S. 96 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

[F10796AAdvisory panelE+W

(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.]

Textual Amendments

97Information, advice etc.E+W

(1)The regulator may for the purpose of advancing its fundamental objectives—

(a)publish ideas or information;

(b)undertake research in relation to social housing;

(c)provide guidance, advice, education or training.

(2)The regulator may for that purpose—

(a)arrange for another person to do anything within subsection (1)(a) to (c);

(b)act jointly with, cooperate with or assist another person doing anything within subsection (1)(a) to (c).

(3)The persons to whom advice may be given under subsection (1) include—

(a)unregistered housing associations (as defined by section 2B of the Housing Associations Act 1985 (c. 69)), and

(b)persons who may be forming a housing association (within the meaning of section 1(1) of that Act).

Commencement Information

I114S. 97 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I115S. 97 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

98Tenant involvementE+W

(1)The regulator shall—

(a)promote awareness of the regulator's functions among tenants of social housing,

(b)where the regulator thinks it appropriate, consult them about the exercise of its functions (for example, by holding meetings), and

(c)where the regulator thinks it appropriate, involve them in the exercise of its functions (for example, by appointing them to committees or sub-committees).

(2)The regulator shall from time to time publish a statement about how it proposes to comply with subsection (1).

(3)Before publishing a statement the regulator must consult such persons as it thinks appropriate.

Commencement Information

I116S. 98 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I117S. 98 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

MoneyE+W

F10899RemunerationE+W

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

Textual Amendments

[F10999A.RemunerationE+W

(1)The regulator may pay to or in respect of appointed members—

(a)remuneration, and

(b)travelling and other allowances.

(2)The Secretary of State must determine rates and eligibility criteria for payments under subsection (1).

(3)If the Secretary of State considers that there are special circumstances that justify the payment of compensation to a person on ceasing to be an appointed member, the regulator may pay such compensation as is determined by the Secretary of State.]

Textual Amendments

100ChargingE+W

[F110(1)]The regulator may charge for giving advice, conducting research or providing other services.

F111(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F110Words in s. 100 numbered as s. 100(1) (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 29(a); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

Commencement Information

I118S. 100 in force at 8.9.2008 by S.I. 2008/2358, art. 3(1)

[F112100A.Assistance by Secretary of StateE+W

(1)The Secretary of State may make payments to the regulator by way of grant or loan.

(2)A grant or loan may be subject to conditions (which may include provision for repayment, with or without interest).]

Textual Amendments

[F112100B.BorrowingE+W

(1)The regulator may borrow—

(a)by way of overdraft or otherwise, for the purpose of what it considers to be short-term management of its finances, or

(b)from the Secretary of State.

(2)The regulator may not borrow otherwise.]

Textual Amendments

[F112100C.AccountsE+W

(1)The regulator must keep proper accounts (and proper records of its accounts).

(2)As soon as is reasonably practicable after the end of each financial year the regulator must prepare a statement of accounts in respect of that financial year.

(3)The statement must be in such form as the Secretary of State may direct.

(4)The regulator must, within such period as the Secretary of State may direct, send a copy of the statement to—

(a)the Secretary of State, and

(b)the Comptroller and Auditor General.

(5)The Comptroller and Auditor General must—

(a)examine, certify and report on the statement, and

(b)send a copy of the certified statement and the report to the Secretary of State as soon as possible.

(6)The Secretary of State must lay before Parliament a copy of each statement and report received under subsection (5).]

Textual Amendments

[F112100D.Regulator’s annual reportE+W

(1)The regulator must, as soon as is reasonably practicable after the end of each financial year, prepare an annual report in relation to how it has exercised its functions during that financial year.

(2)The regulator must, within such period as the Secretary of State may direct, send a copy of the annual report to the Secretary of State.

(3)The Secretary of State must lay a copy of each annual report before Parliament.]

Textual Amendments

[F112100E.Financial yearE+W

(1)The regulator’s financial year is each period of 12 months beginning with 1st April.

(2)But the first financial year is the period—

(a)beginning with the day on which section 80A comes into force, and

(b)ending with the next 31st March.]

Textual Amendments

[F112Relationship with the HCAE+W

100FCooperation with the HCAE+W

(1)The regulator must, in the exercise of its functions, cooperate with the HCA.

(2)The regulator must, in particular, consult the HCA on matters related to the HCA’s social housing functions.

100GDirection to the HCAE+W

(1)The regulator may direct the HCA not to give financial assistance to a specified registered provider—

(a)under section 19, and

(b)in connection with social housing.

(2)A direction may be given if—

(a)the regulator has decided to hold an inquiry into the affairs of the registered provider under section 206 (and the inquiry is not concluded),

[F113(b)an event mentioned in section 145(2) has occurred in relation to the registered provider,] or

(c)the regulator has appointed an officer of the registered provider under section 269 (and the person appointed has not vacated office).

(3)A direction may prohibit the HCA from giving assistance of a specified kind (whether or not in pursuance of a decision already taken and communicated to the registered provider).

(4)A direction may not prohibit grants to a registered provider in respect of discounts given by the provider on disposals of dwellings to tenants.

(5)A direction has effect until withdrawn.]

Textual Amendments

[F114Relationship with housing ombudsmanE+W

Textual Amendments

100HRelationship with housing ombudsmanE+W

(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.]

F115101Assistance by Secretary of StateE+W

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

Textual Amendments

F116102BorrowingE+W

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

Textual Amendments

F117103AccountsE+W

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

Textual Amendments

F118104Financial yearE+W

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

Textual Amendments

Relationship with other bodiesE+W

F119105Cooperation with the HCAE+W

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

Textual Amendments

F120106Direction to the HCAE+W

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

Textual Amendments

F121106ACooperation with the Audit CommissionE+W

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

Textual Amendments

InformationE+W

107CollectionE+W

[F122(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.]

F123(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F124(2A)A requirement under subsection (1) may also require the person to provide an explanation of any document or information required under that subsection.]

(3)A requirement [F125under subsection (1)] may specify—

(a)the form and manner in which a [F126document, information or an explanation] is to be provided (which may include the provision of a legible copy of information stored electronically);

(b)when and where it is to be provided.

(4)The regulator may copy or record [F127documents, information or explanations] provided.

[F128(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.]

(5)Failure to comply with a requirement [F129under subsection (1)] without reasonable excuse is an offence.

(6)Intentionally altering, suppressing or destroying a document or information [F130required under subsection (1)] is an offence.

[F131(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.]

(7)If a person fails to comply with a requirement [F132under subsection (1)] the High Court may, on an application by the regulator, make an order for the purpose of remedying the failure.

Textual Amendments

Commencement Information

I119S. 107 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

108Section 107: supplementalE+W

(1)A requirement [F133under section 107(1)] does not require a person to disclose anything which the person would be entitled to refuse to disclose on grounds of legal professional privilege in proceedings in the High Court.

[F134(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.]

(3)A person guilty of an offence under section 107(5) is liable on summary conviction to a fine F135....

(4)A person guilty of an offence under section 107(6) [F136or (6A)] is liable—

(a)on summary conviction, to a fine F137...;

(b)on conviction on indictment, to—

(i)imprisonment for a term not exceeding two years,

(ii)a fine, or

(iii)both.

(5)Proceedings for an offence under section 107(5) [F138, (6) or (6A)] may be brought only by or with the consent of—

(a)the regulator, or

(b)the Director of Public Prosecutions.

(6)An order under section 107(7) may include provision about costs.

Textual Amendments

Commencement Information

I120S. 108 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

109DisclosureE+W

(1)A public authority may disclose information to the regulator if the authority thinks that the disclosure is necessary for a purpose connected with the regulator's functions.

(2)The regulator may disclose information to a public authority if the regulator thinks that the disclosure is necessary—

(a)for a purpose connected with the regulator's functions, or

(b)for a purpose connected with the authority's functions.

(3)The regulator may disclose information to a person acting on its behalf for a purpose connected with the regulator's functions.

(4)A disclosure may be subject to restrictions on further disclosure.

(5)The power to disclose information under this section is subject to any express restriction on disclosure imposed by another enactment (ignoring any restriction which allows disclosure if authorised by an enactment).

(6)Disclosure in contravention of a restriction under subsection (4) is an offence.

(7)A person guilty of an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(8)“Public authority” means a person having functions of a public nature (whether or not in the United Kingdom).

Commencement Information

I121S. 109 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

Chapter 3E+WRegistration

IntroductionE+W

110OverviewE+W

This Chapter provides for the establishment of a register of providers of social housing.

Commencement Information

I122S. 110 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

111The registerE+W

(1)The regulator shall maintain a register of providers of social housing.

(2)The regulator shall make the register available for inspection by the public.

Commencement Information

I123S. 111 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

EligibilityE+W

112[F139Eligibility for voluntary registration]E+W

[F140(1)A body is eligible for registration if—

(a)it is an English body, and

(b)it satisfies the following conditions.]

(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 F141...—

(a)[F142as to] its financial situation,

(b)[F143as to] its constitution, F144...

(c)[F145as to] other arrangements for its management [F146, and

(d)to secure that the body would meet, on registration, standards set by the regulator under sections 193, 194, 194A and 194C.]

(4)Before setting criteria the regulator must consult—

F147(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F148(za)the HCA,]

[F149(aa)the Greater London Authority,]

(b)one or more bodies appearing to it to represent the interests of [F150private registered providers],

[F151(ba)any body for the time being nominated under section 278A,]

and

(c)one or more [F152other] bodies appearing to it to represent the interests of tenants.

F153(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I124S. 112(1)(2) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

I125S. 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))

I126S. 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.)

F155113[F154Section 112: exceptions]E+W

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

Textual Amendments

114Registration of local authoritiesE+W

F156(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The Secretary of State may by order require [F157or permit] 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, [F158and]

(b)does not require an application for registration, F159...

F160(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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—

F161(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)“registered local authorities” means authorities or persons who are registered, registrable or to be registered as a result of an order under subsection F162... (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.

Textual Amendments

Commencement Information

I127S. 114 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I128S. 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)

[F163114ALocal authorities: duty to notifyE+W

(1)A local authority F164... 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.

F165(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F166(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.]

(4)Condition 1 is that the body—

(a)does not trade for profit, F167...

F168(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

[F169(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).]

(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 F170... (3) is a profit-making organisation.

(9)If the regulator thinks that what was a profit-making organisation has become a non-profit organisation [F171or vice versa], the regulator must change the registered designation accordingly [F172and notify the body it has done so.]

[F173(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

I129S. 115 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

ProcedureE+W

116[F174Entry in the register: voluntary registration]E+W

(1)The regulator shall register anyone who—

(a)is eligible for registration [F175under section 112(1)], and

(b)applies to be registered.

(2)The regulator may make provision about—

(a)the form of an application;

(b)the information to be contained in it or provided with it;

(c)the manner in which an application is to submitted;

(d)the consequences of failure to comply with provision under paragraphs (a) to (c).

[F176(2A)The regulator must notify a body of the outcome of its application.]

(3)This section is subject to section 117 (fees).

(4)Once entered [F177in the register under this section] a body remains registered unless and until removed under section 118 or 119.

(5)It shall be presumed for all purposes that a person entered in the register [F178under this section] is eligible for registration while the registration lasts (irrespective of whether and why the person is later removed from the register).

[F179(6)This section deals with voluntary registration; for the registration of [F180local authorities], see section 114.]

Textual Amendments

Commencement Information

I130S. 116(1) s. 116(3)-(5) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

I131S. 116(2) in force at 8.9.2008 by S.I. 2008/2358, art. 3(1)

117 FeesE+W

[F181(1)The regulator may charge—

(a)a fee [F182for dealing with an application] for initial registration, and

(b)an annual fee for continued registration.

[F183(1A)The regulator may make dealing with an application for initial registration conditional upon the payment of the fee.]

(2)Except in the case of a local authority, the regulator may make F184... continued registration conditional upon payment of the fee.]

(3)The regulator shall—

(a)prescribe the amount of a fee, and

(b)make provision about the periods during which and in respect of which annual fees are payable.

(4)The regulator may set different fees, and make different provision, for different cases or circumstances.

[F185(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.]

(5)Fees must be set in accordance with principles which the regulator prepares and publishes and which are designed to ensure that so far as is reasonably practicable—

(a)fee income matches [F186the costs incurred in] the performance of [F187the regulator's] functions,

(b)F188... and

(c)actual or potential registered providers can see the relationship between the amount of a fee and the costs [F189incurred, or likely to be incurred, in the performance of the regulator’s functions].

(6)The principles—

(a)shall provide for section 95(3) to be disregarded for the purpose of subsection (5)(a), and

(b)may provide for specified expenditure or potential expenditure under section 95 or otherwise to be disregarded for the purpose of subsection (5)(a).

(7)Principles do not have effect until approved by the Secretary of State.

(8)In preparing (or revising) the principles the regulator shall consult persons appearing to the regulator to represent the interests of fee-payers.

(9)The [F190regulator’s] accounts shall show—

(a)fees received, and

(b)fees outstanding.

F191(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F187Words in s. 117(5)(a) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 37(2); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

Commencement Information

I132S. 117 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I133S. 117 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

118De-registration: compulsoryE+W

(1)The regulator may remove from the register a [F192private registered provider] which the regulator thinks—

(a)is no longer eligible for registration,

[F193(aa)has failed to meet a standard under section 193, 194 or 194C,]

(b)has ceased to carry out activities, or

(c)has ceased to exist.

[F194(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.]

[F195(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).]

[F196(4)The regulator shall remove a local authority from the register if the regulator becomes aware that the authority—

(a)is no longer a provider of social housing, or

(b)no longer intends to become a provider of social housing (in the case of an authority which intended to become one but did not in fact do so).]

Textual Amendments

Commencement Information

I134S. 118 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

119De-registration: voluntaryE+W

(1)A [F197private registered provider] may ask the regulator to remove it from the register.

(2)The regulator may comply with a request—

(a)on the grounds that the registered provider no longer is or intends to be a provider of social housing in England,

(b)on the grounds that the registered provider is subject to regulation by another authority whose control is likely to be sufficient, or

(c)on the grounds that the registered provider meets any relevant criteria for de-registration set by the regulator.

(3)Before deciding whether or not to comply, the regulator must consult such local authorities in whose area the registered provider acts as it thinks appropriate.

(4)The regulator shall not comply with a request by a non-profit registered provider if it thinks that removal is sought with a view to enabling the registered provider to distribute assets to members.

(5)In deciding whether or not to comply, the regulator must (in particular) have regard to—

F198(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)any conditions imposed in connection with financial assistance given to the registered provider under any enactment.

(6)Having decided whether or not to remove the registered provider the regulator must notify—

(a)the provider, and

(b)any authority consulted.

(7)The regulator shall publish criteria set for the purposes of subsection (2)(c).

Textual Amendments

Commencement Information

I135S. 119(1) s. 119(3)-(6) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

I136S. 119(2)(7) in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I137S. 119(2)(7) in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

120NoticeE+W

(1)As soon as is reasonably practicable after registering or de-registering a body the regulator shall notify—

(a)in the case of a registered charity, the Charity Commission,

(b)in the case of [F60a registered society], the [F199Financial Conduct Authority], F200...

(c)in the case of a registered company (whether or not also a registered charity) [F201or a limited liability partnership], the registrar of companies for England and Wales [F202, and

(d)in the case of a local authority, the Secretary of State.]

(2)[F203Except in the case of a local authority,] a notice of registration shall specify whether the person registered is designated as a non-profit or profit-making organisation.

(3)If the designation changes, the regulator shall notify any person notified of the registration.

(4)A person to whom notice is given under this section must keep a record of it.

Textual Amendments

Commencement Information

I138S. 120 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

121AppealE+W

(1)A body may appeal to the High Court against a decision of the regulator—

(a)to refuse to register it,

(b)to de-register it [F204under section 118(1)], F205...

(c)to refuse to de-register it,

[F206(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.]

[F207(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.]

(2)The regulator shall not de-register a body [F208during the appeal period].

[F209(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)Subsections (1A) to (2A) do not apply to a decision of the regulator to de-register a body under section 118(1)(c).]

(3)The Secretary of State may by order provide for the First-tier Tribunal to have jurisdiction under this section instead of the High Court.

Textual Amendments

Commencement Information

I139S. 121 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

Chapter 4E+WRegistered providers

General provisionsE+W

122Payments to members etc.E+W

(1)This section restricts the making of gifts, and the payment of dividends and bonuses, by a non-profit registered provider to—

(a)a member or former member of the registered provider,

(b)a member of the family of a member or former member,

(c)a company which has as a director a person within paragraph (a) or (b).

(2)A gift may be made, and a dividend or bonus may be paid, only if it falls within one of the following permitted classes.

(3)Class 1 is payments which—

(a)are in accordance with the constitution of the registered provider, and

(b)are due as interest on capital lent to the provider or subscribed in its shares.

(4)Class 2 is payments which—

(a)are paid by a fully mutual housing association (within the meaning of section 1(2) of the Housing Associations Act 1985 (c. 69)),

(b)are paid to former members of the association, and

(c)are due under—

(i)tenancy agreements with the association, or

(ii)agreements under which the former members became members of the association.

(5)Class 3 is payments which—

(a)are in accordance with the constitution of the registered provider making the payment (“the payer”), and

(b)are made to a registered provider which is a subsidiary or associate of the payer.

[F210(5A)Class 4 is payments which—

(a)are in accordance with the constitution of the registered provider,

(b)are paid for the benefit of tenants of the provider, and

(c)are in any particular case paid to assist the tenant to obtain other accommodation by acquiring a freehold, or long-leasehold, interest in a dwelling.

(5B)For the purposes of subsection (5A)—

  • “ long-leasehold interest ”, in relation to a dwelling, means the lessee's interest under a lease of the dwelling granted, for a premium, for a term certain exceeding 21 years;

  • “ acquiring ”, in relation to a long-leasehold interest in a dwelling, includes acquiring by grant and acquiring by assignment. ]

(6)If a [F211registered provider] contravenes this section—

(a)it may recover the wrongful gift or payment as a debt from the recipient, and

(b)the regulator may require it to take action to recover the gift or payment.

[F212(7)The Secretary of State may by order amend this section for the purpose of—

(a)adding to the permitted classes, or

(b)modifying or removing a permitted class added by order under this subsection.

(8)