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Housing and Regeneration Act 2008, Cross Heading: Eligibility is up to date with all changes known to be in force on or before 21 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F2(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 F3...—
(a)[F4as to] its financial situation,
(b)[F5as to] its constitution, F6...
(c)[F7as to] other arrangements for its management [F8, 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—
F9(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F10(za)the HCA,]
[F11(aa)the Greater London Authority,]
(b)one or more bodies appearing to it to represent the interests of [F12private registered providers],
[F13(ba)any body for the time being nominated under section 278A,]
and
(c)one or more [F14other] bodies appearing to it to represent the interests of tenants.
F15(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Heading of s. 112 substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 11(4)
F2S. 112(1) substituted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 7(a); S.I. 2023/1001, reg. 2(y)(ii)
F3Words in s. 112(3) omitted (20.9.2023) by virtue of Social Housing (Regulation) Act 2023 (c. 36), ss. 7(a), 46(3); S.I. 2023/1001, reg. 2(f)
F4Words in s. 112(3)(a) inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), ss. 7(b), 46(3); S.I. 2023/1001, reg. 2(f)
F5Words in s. 112(3)(b) inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), ss. 7(c)(i), 46(3); S.I. 2023/1001, reg. 2(f)
F6Word in s. 112(3)(b) omitted (20.9.2023) by virtue of Social Housing (Regulation) Act 2023 (c. 36), ss. 7(c)(ii), 46(3); S.I. 2023/1001, reg. 2(f)
F7Words in s. 112(3)(c) inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), ss. 7(d)(i), 46(3); S.I. 2023/1001, reg. 2(f)
F8S. 112(3)(d) and word inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), ss. 7(d)(ii), 46(3); S.I. 2023/1001, reg. 2(f)
F9S. 112(4)(a) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 36, Sch. 25 Pt. 26; S.I. 2012/628, art. 6(i)(j) (with arts. 9 11 14 15 17)
F10S. 112(4)(za) inserted (1.10.2018) by The Legislative Reform (Regulator of Social Housing) (England) Order 2018 (S.I. 2018/1040), art. 1(2), Sch. para. 21 (with Pt. 4)
F11S. 112(4)(aa) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 48; S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)
F12Words in s. 112(4)(b) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 11(2)
F13S. 112(4)(ba) inserted (12.11.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 26(3)(a), 148(1)(c)
F14Word in s. 112(4)(c) inserted (12.11.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 26(3)(b), 148(1)(c)
F15S. 112(5) omitted (20.9.2023) by virtue of Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 7(b); S.I. 2023/1001, reg. 2(y)(ii)
Commencement Information
I1S. 112(1)(2) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
I2S. 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))
I3S. 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.)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F16S. 113 heading substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 12
F17S. 113 omitted (20.9.2023) by virtue of Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 8; S.I. 2023/1001, reg. 2(y)(ii)
F18(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The Secretary of State may by order require [F19or 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, [F20and]
(b)does not require an application for registration, F21...
F22(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—
F23(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 F24... (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
F18S. 114(1) omitted (20.9.2023) by virtue of Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 9(a); S.I. 2023/1001, reg. 2(y)(ii)
F19Words in s. 114(2) inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 9(b); S.I. 2023/1001, reg. 2(y)(ii)
F20Word in s. 114(3)(a) inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 9(c)(i); S.I. 2023/1001, reg. 2(y)(ii)
F21Word in s. 114(3)(b) omitted (20.9.2023) by virtue of Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 9(c)(ii); S.I. 2023/1001, reg. 2(y)(ii)
F22S. 114(3)(c) omitted (20.9.2023) by virtue of Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 9(c)(iii); S.I. 2023/1001, reg. 2(y)(ii)
F23S. 114(5)(a) omitted (20.9.2023) by virtue of Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 9(d)(i); S.I. 2023/1001, reg. 2(y)(ii)
F24Words in s. 114(5)(b) omitted (20.9.2023) by virtue of Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 9(d)(ii); S.I. 2023/1001, reg. 2(y)(ii)
Commencement Information
I4S. 114 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)
I5S. 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)
(1)A local authority F26... 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
F25S. 114A inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 13
F26Words in s. 114A(1) omitted (20.9.2023) by virtue of Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 10; S.I. 2023/1001, reg. 2(y)(ii)
(1)Each entry in the register shall designate the body registered as either—
(a)a non-profit organisation, or
(b)a profit-making organisation.
F27(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F28(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, F29...
F30(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.
[F31(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 F32... (3) is a profit-making organisation.
(9)If the regulator thinks that what was a profit-making organisation has become a non-profit organisation [F33or vice versa], the regulator must change the registered designation accordingly [F34and notify the body it has done so.]
[F35(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
F27S. 115(2) omitted (1.4.2024) by virtue of Social Housing (Regulation) Act 2023 (c. 36), ss. 8(a), 46(3); S.I. 2024/437, reg. 2(c)
F28S. 115(3) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), ss. 8(b), 46(3); S.I. 2024/437, reg. 2(c)
F29Word in s. 115(4)(a) omitted (1.4.2024) by virtue of Social Housing (Regulation) Act 2023 (c. 36), ss. 8(c)(i), 46(3); S.I. 2024/437, reg. 2(c)
F30S. 115(4)(b) omitted (1.4.2024) by virtue of Social Housing (Regulation) Act 2023 (c. 36), ss. 8(c)(ii), 46(3); S.I. 2024/437, reg. 2(c)
F31S. 115(6A) inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), ss. 8(d), 46(3); S.I. 2024/437, reg. 2(c)
F32Words in s. 115(8) omitted (1.4.2024) by virtue of Social Housing (Regulation) Act 2023 (c. 36), ss. 8(e), 46(3); S.I. 2024/437, reg. 2(c)
F33Words in s. 115(9) inserted (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 23; S.I. 2017/75, reg. 4
F34Words in s. 115(9) inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 4 para. 2; S.I. 2023/1001, reg. 2(x)
F35S. 115(10) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 14
Commencement Information
I6S. 115 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
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