Part 2Regulation of Social Housing
Chapter 3Registration
Procedure
116Entry
1
The regulator shall register anyone who—
a
is eligible for registration, 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).
3
This section is subject to section 117 (fees).
4
Once entered 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 is eligible for registration while the registration lasts (irrespective of whether and why the person is later removed from the register).
117Fees
1
The regulator may make initial registration conditional upon payment of a fee.
2
The regulator may make continued registration conditional upon payment of an annual 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.
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 expenditure on the performance of functions,
b
each fee is reasonable and proportionate to the costs to which it relates, and
c
actual or potential registered providers can see the relationship between the amount of a fee and the costs to which it relates.
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 regulator’s accounts shall show—
a
fees received, and
b
fees outstanding.
118De-registration: compulsory
1
The regulator may remove from the register a body which the regulator thinks—
a
is no longer eligible for registration,
b
has ceased to carry out activities, or
c
has ceased to exist.
2
Before removing a body under subsection (1)(a) or (b) the regulator must—
a
take all reasonable steps to give the body at least 14 days' notice, and
b
consider any representations it makes in that period.
3
After removing a body under subsection (1)(a) or (b) the regulator must take all reasonable steps to notify the body.
119De-registration: voluntary
1
A 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—
a
any conditions imposed in connection with disposal consents given to the registered provider under Chapter 5, and
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).
120Notice
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 an industrial and provident society, the Financial Services Authority, and
c
in the case of a registered company (whether or not also a registered charity), the registrar of companies for England and Wales.
2
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.
121Appeal
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, or
c
to refuse to de-register it.
2
The regulator shall not de-register a body while an appeal is pending.
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.