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1.—(1) These Regulations may be cited as the Regulation of Social Housing (Influence of Local Authorities) (England) Regulations 2017 and come into force on the day after the day on which they are made.
(2) These Regulations apply in relation to England only.
(3) These Regulations do not apply to a private registered provider(1) which is—
(a)a wholly-controlled subsidiary of a local authority; and
(b)a non-profit organisation within the meaning of section 115 of the Housing and Regeneration Act 2008(2).
(4) For the purposes of paragraph (3)(a) a private registered provider is to be treated as wholly-controlled by a local authority if it has no members apart from—
(a)the local authority;
(b)a subsidiary of that authority; or
(c)a person acting on behalf of the authority or a subsidiary of the authority.
(5) A person is to be treated as a “subsidiary” of another person for the purposes of paragraph (3) or (4) if any of the conditions in section 271 of the Housing and Regeneration Act 2008 is satisfied.
(6) These Regulations apply notwithstanding any inconsistent provision either in a contractual arrangement to which the private registered provider is a party or in the private registered provider’s constitution.
“Private registered provider” means a private registered provider of social housing as set out in Part 2 of the Housing and Regeneration Act 2008 (c. 17); see section 93(5) of the Housing and Planning Act 2016.
2008 c. 17. Section 115 has been subject to amendments but none is relevant.
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