The Charitable Incorporated Organisations (Notification Requirements: Social Housing) Regulations 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision related to certain constitutional and other business changes of private registered providers of social housing (“PRPs”) that are charitable incorporated organisations (“CIOs”) or involve CIOs. They require PRPs to notify the Regulator of Social Housing (“the Regulator”) of such changes. They also impose requirements on PRPs that are CIOs (“relevant CIOs”) and others to notify the Charity Commission for England and Wales (“the Commission”) that the RSH has been so notified, and make related provision.

Regulation 2 applies the Regulator’s powers in section 169D of the Housing and Regeneration Act 2008 (c. 17) to notifications under these Regulations. This enables the Regulator to, for example, give directions about the period within such notifications must be given and the content of those notifications.

Regulation 3 applies the Commission’s powers in regulation 7 of the Charitable Incorporated Organisations (General) Regulations 2012 (S.I. 2012/3012) to requirements to supply the Commission with information under these Regulations. This means that the Commission may impose requirements relating to the form, authentication and manner of sending the information concerned to the Commission. It also requires the information to be supplied to an address specified for the purpose by the Commission and makes provision relating to the sending of information in electronic form.

Regulation 4 imposes requirements relating to the conversion of a PRP that is a charitable company or community interest company into a CIO. It requires such a PRP to notify the Regulator if it passes a relevant resolution to convert into a CIO. Such a PRP must supply a statement confirming that the Regulator has been so notified when it applies to the Commission to be converted into a CIO and for the CIO’s registration as a charity. The Commission must refuse such an application unless it is supplied with that statement.

Regulation 5 imposes requirements relating to the amalgamation of two or more CIOs when at least one of the CIOs that proposes to amalgamate is a PRP. It requires a relevant CIO to notify the Regulator if it passes a relevant resolution to amalgamate. It also requires the CIOs that propose to amalgamate to supply a statement confirming that the Regulator has been so notified when they apply to the Commission for amalgamation. The Commission must refuse such an application unless it is supplied with that statement.

Regulation 6 imposes requirements relating to the transfer of the undertaking of a relevant CIO to another CIO. Where a relevant CIO passes a relevant resolution to transfer its undertaking, it must notify the Regulator of this and supply to the Commission a statement confirming that the Regulator has been so notified. The Commission must refuse to confirm the relevant CIO’s resolution unless it is supplied with that statement.

Regulation 7 imposes requirements relating to the transfer of the undertaking of a CIO that is not a PRP to a CIO that is. The PRP must notify the Regulator that another CIO has passed a relevant resolution to transfer its undertaking to it. The transferor must supply to the Commission a statement confirming that the Regulator has been so notified. The Commission must refuse to confirm the transferor’s resolution unless it is supplied with that statement.

Regulation 8 requires a relevant CIO that enters into a voluntary arrangement under Part 1 of the Insolvency Act 1986 (c. 45) to notify the Regulator.

Regulation 9 makes provision for the registration of successor bodies by the Regulator in cases where CIOs (at least one of which is a PRP) propose to amalgamate or a relevant CIO transfers its undertaking to a CIO that is not a PRP.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.