PART 4Social housing in England

CHAPTER 4Reducing regulation of social housing etc

I392Reducing social housing regulation

Schedule 4 contains amendments to reduce the regulation of social housing.

I193Reducing local authority influence over private registered providers

1

The Secretary of State may by regulations make provision for the purpose of limiting or removing the ability of local authorities to exert influence over private registered providers through—

a

appointing or removing officers of private registered providers;

b

exercising or controlling voting rights.

2

The regulations may in particular—

a

limit the number of officers that a local authority may appoint;

b

prohibit a local authority from appointing officers;

c

confer power on a private registered provider to remove officers appointed by a local authority;

d

prohibit a local authority from doing things that would result in it obtaining voting rights in a private registered provider;

e

require a local authority to take steps to reduce or get rid of any voting rights that it has in a private registered provider.

3

Regulations under this section may override or modify any contractual or other rights (whenever created) or anything in a private registered provider's constitution.

4

Regulations under this section may—

a

confer a power to amend the constitution of a private registered provider in consequence of provision made by the regulations;

b

make provision about the procedure for exercising that power.

5

In this section—

  • “appointing”, in relation to an officer, includes nominating or otherwise influencing the selection of the officer;

  • “constitution” includes rules;

  • “local authority” has the meaning given by section 106 of the Housing Associations Act 1985;

  • “officer”, in relation to a private registered provider, has the meaning given by section 270 of the Housing and Regeneration Act 2008;

  • “private registered provider” means a private registered provider of social housing.

I294Recovery of social housing assistance: successors in title

1

Section 33 of the Housing and Regeneration Act 2008 (recovery of social housing assistance: interest and successors in title) is amended as follows.

2

In subsection (6)(b), after “another person” insert “ (“the successor”) ”.

3

After subsection (6) insert—

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).”

4

In subsection (7) for “that other person” substitute “ the successor ”.