Part 2Regulation of Social Housing
Chapter 3Registration
Eligibility
112Eligibility for registration
1
An English body is eligible for registration if—
a
it satisfies the following conditions, and
b
it does not fall within the exceptions in section 113.
2
Condition 1 is that the body—
a
is a provider of social housing in England, or
b
intends to become a provider of social housing in England.
3I1
Condition 2 is that the body satisfies any relevant criteria set by the regulator as to—
a
its financial situation,
b
its constitution, and
c
other arrangements for its management.
4I1
Before setting criteria the regulator must consult—
a
the HCA,
b
one or more bodies appearing to it to represent the interests of registered providers,
F1ba
any body for the time being nominated under section 278A,
and
c
one or more F2otherbodies appearing to it to represent the interests of tenants.
113Local authority non-registrable bodies
1
This section sets out the exceptions to section 112(1).
2
Exception 1 is a local housing authority.
3
Exception 2 is a county council.
4
Exception 3 is a person controlled by an authority within Exception 1 or 2.
5I2
The Secretary of State may make regulations defining when a person is controlled by an authority for the purpose of Exception 3.
6I2
The definition may be expressed by reference to a definition for the time being given in a document identified by regulations under section 21(2)(b) of the Local Government Act 2003 (c. 26) (accounting practices for local authorities).
I3I4114Registration of local authorities
1
The Secretary of State may by order—
a
repeal section 113, or
b
amend it so as to permit the registration of specified classes of local authority.
2
The Secretary of State may by order require the regulator to register—
a
a specified local authority, or
b
a specified class of local authority.
3
Registration under subsection (2)—
a
takes effect in accordance with any provision of the order about timing or other procedural or incidental matters,
b
does not require an application for registration, and
c
may apply to a local authority whether or not it is eligible for registration by virtue of subsection (1).
4
If the Secretary of State thinks it necessary or desirable in connection with the registration of local authorities, the Secretary of State may by order—
a
provide for a provision of this Part or any other enactment not to apply in relation to registered local authorities;
b
provide for a provision of this Part or any other enactment to apply with specified modifications in relation to registered local authorities;
c
amend a provision of this Part or any other enactment.
5
In this section—
a
“local authority” means an authority or person to whom section 113 applies or has applied, and
b
“registered local authorities” means authorities or persons who are registered, registrable or to be registered as a result of an order under subsection (1) or (2) above.
6
Before making an order under this section the Secretary of State shall consult—
a
any authority or person likely to be affected by it, and
b
such other persons as the Secretary of State thinks fit.
115Profit-making and non-profit organisations
1
Each entry in the register shall designate the body registered as either—
a
a non-profit organisation, or
b
a profit-making organisation.
2
A body is a non-profit organisation if it is a registered or non-registrable charity.
3
A body is also a non-profit organisation if it satisfies the following conditions.
4
Condition 1 is that the body—
a
does not trade for profit, or
b
is prohibited by its constitution from issuing capital with interest or dividend at a rate exceeding that prescribed under section 1(1)(b) of the Housing Associations Act 1985 (c. 69).
5
Condition 2 is that a purpose of the body is the provision or management of housing.
6
Condition 3 is that any other purposes of the body are connected with or incidental to the provision of housing.
7
The Secretary of State may make regulations providing that a specified purpose is to be, or not to be, treated as connected with or incidental to the provision of housing.
8
A body which is not a non-profit organisation under subsection (2) or (3) is a profit-making organisation.
9
If the regulator thinks that what was a profit-making organisation has become a non-profit organisation, the regulator must change the registered designation accordingly.