PART 4

Social housing in England
CHAPTER 4

Reducing regulation of social housing etc

Reducing local authority influence over private registered providers
93
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.
S. 93 in force at 3.2.2017 by S.I. 2017/75, reg. 3(a)