Social Housing (Regulation) Act 2023

Schedules

Section 13

Schedule 1 E+W Limited liability partnerships

Part 1 E+W Amendments of the Housing and Planning Act 2016

Introductory E+W

1 The Housing and Planning Act 2016 is amended as set out in paragraphs 2 to 9.

Commencement Information

I1 Sch. 1 para. 1 not in force at Royal Assent, see s. 46(3)

I2 Sch. 1 para. 1 in force at 20.9.2023 for specified purposes by S.I. 2023/1001, reg. 2(i)(v)

Prospective

Extension of housing administration regime E+W

2 In section 95 (housing administration orders), in subsection (1), after paragraph (a)(i) insert—

“(ia) a limited liability partnership,”.

Commencement Information

I3 Sch. 1 para. 2 not in force at Royal Assent, see s. 46(3)

3 In section 100 (powers of court: meaning of “relevant officer”), in subsection (7), after paragraph (a) insert—

“(aa) in relation to a limited liability partnership, means a member of the partnership,”.

Commencement Information

I4 Sch. 1 para. 3 not in force at Royal Assent, see s. 46(3)

Restrictions on insolvency procedures E+W

4 In section 102 (power to make regulations applying etc insolvency legislation), in subsections (2) and (3), after “relation to” insert “a limited liability partnership,”.

Commencement Information

I5 Sch. 1 para. 4 not in force at Royal Assent, see s. 46(3)

I6 Sch. 1 para. 4 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(ii)(v)

Prospective

5 E+W In section 104 (winding-up orders), after subsection (1)(a) insert—

“(aa) a limited liability partnership,”.

Commencement Information

I7 Sch. 1 para. 5 not in force at Royal Assent, see s. 46(3)

Prospective

6 E+W In section 105 (voluntary winding up), in subsection (1), after paragraph (a), insert—

“(aa) a limited liability partnership,”.

Commencement Information

I8 Sch. 1 para. 6 not in force at Royal Assent, see s. 46(3)

Prospective

7 E+W In section 106 (ordinary administration orders)—

(a) in subsection (1), in paragraph (a), omit the final “or”;

(b) after that paragraph insert—

“(aa) a limited liability partnership, or”.

Commencement Information

I9 Sch. 1 para. 7 not in force at Royal Assent, see s. 46(3)

Prospective

8 E+W In section 107 (administrator appointments by creditors)—

(a) in subsection (1), in paragraph (a), omit the final “or”;

(b) after that paragraph insert—

“(aa) a limited liability partnership, or”.

Commencement Information

I10 Sch. 1 para. 8 not in force at Royal Assent, see s. 46(3)

Prospective

Interpretation E+W

9 In section 116 (interpretation of Chapter 5 of Part 2)—

(a) in subsection (1), in the definition of “the court”, after “company”, in each place it occurs, insert “, limited liability partnership”;

(b) in subsection (7), after paragraph (a) insert—

“(aa) in relation to a limited liability partnership, are to that provision as it applies to limited liability partnerships otherwise than by virtue of regulations under section 102 (if at all),”.

Commencement Information

I11 Sch. 1 para. 9 not in force at Royal Assent, see s. 46(3)

Part 2 E+W Amendments of the Housing and Regeneration Act 2008

Introductory E+W

10 The Housing and Regeneration Act 2008 is amended as set out in paragraphs 11 to 20.

Commencement Information

I12 Sch. 1 para. 10 not in force at Royal Assent, see s. 46(3)

I13 Sch. 1 para. 10 in force at 20.9.2023 for specified purposes by S.I. 2023/1001, reg. 2(iii)(v)

Prospective

Notice of registration or de-registration E+W

11 In section 120 (notice), in subsection (1)(c), after “charity)” insert “or a limited liability partnership”.

Commencement Information

I14 Sch. 1 para. 11 not in force at Royal Assent, see s. 46(3)

Prospective

Accounts E+W

12 (1) Section 129 (companies exempt from audit) is amended as follows.

(2) In the heading, after “companies” insert “or limited liability partnerships”.

(3) In subsection (1)(a), after “charity” insert “or is a limited liability partnership”.

(4) In subsection (2)—

(a) after “directors of the company” insert “or members of the limited liability partnership”;

(b) for “company’s”, in both places, substitute “registered provider’s”;

(c) for “which the company” substitute “which the registered provider”.

(5) In subsection (3), for “has the same meaning as in” substitute “means accounts prepared in accordance with”.

Commencement Information

I15 Sch. 1 para. 12 not in force at Royal Assent, see s. 46(3)

13 (1) Section 130 (exempt companies: accountant’s report) is amended as follows.

(2) In the heading, after “companies” insert “or limited liability partnerships”.

(3) In subsection (2), for “company’s” substitute “registered provider’s”.

(4) In subsection (3)(b), for “company” substitute “registered provider”.

(5) For subsection (6) substitute—

“(6) In this section and sections 131 and 132—

• “firm” means any entity, whether or not a legal person, that is not an individual and includes a body corporate, a corporation sole and a partnership or other unincorporated association;

• “body corporate” includes a body incorporated outside the United Kingdom.”

Commencement Information

I16 Sch. 1 para. 13 not in force at Royal Assent, see s. 46(3)

14 In section 131 (exempt companies: reporting accountant)—

(a) in the heading, after “companies” insert “or limited liability partnerships”;

(b) in subsection (1), for “company”, in both places, substitute “registered provider”.

Commencement Information

I17 Sch. 1 para. 14 not in force at Royal Assent, see s. 46(3)

15 (1) Section 132 (application of Companies Act) is amended as follows.

(2) In subsection (1)—

(a) for “company” substitute “registered provider”;

(b) for “company’s” substitute “registered provider’s”.

(3) In subsection (2)(e)—

(a) for “454(4)(b)” substitute “454”;

(b) for the words from “provision” to the end substitute “section (revised accounts and reports),”.

Commencement Information

I18 Sch. 1 para. 15 not in force at Royal Assent, see s. 46(3)

16 In section 133 (exempt companies: extraordinary audit)—

(a) in the heading, after “companies” insert “or limited liability partnerships”;

(b) in subsections (1), (2) and (4), for “company”, in each place, substitute “registered provider”.

Commencement Information

I19 Sch. 1 para. 16 not in force at Royal Assent, see s. 46(3)

17 E+W In section 141 (offences), in subsection (6), omit the words from “not” to the end.

Commencement Information

I20 Sch. 1 para. 17 not in force at Royal Assent, see s. 46(3)

I21 Sch. 1 para. 17 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(iv)(v)

Prospective

Moratorium on disposal of land E+W

18 In section 154 (implementation of regulator’s proposals), in subsection (2), after paragraph (aa) insert—

“(ab) in the case of a limited liability partnership, its members,”.

Commencement Information

I22 Sch. 1 para. 18 not in force at Royal Assent, see s. 46(3)

Prospective

Arrangements and reconstructions E+W

19 In section 160 (arrangements and reconstructions)—

(a) in the heading, after “company” insert “and limited liability partnership”;

(b) in subsection (1), after “company” insert “or a limited liability partnership”.

Commencement Information

I23 Sch. 1 para. 19 not in force at Royal Assent, see s. 46(3)

Prospective

Meaning of “officer” E+W

20 In section 270 (meaning of “officer” of a private registered provider), in the Table, after the entry relating to “Registered company” insert—

“Limited liability partnership

A member of the limited liability partnership”.

Commencement Information

I24 Sch. 1 para. 20 not in force at Royal Assent, see s. 46(3)

Prospective

Section 14

Schedule 2 E+W Amendments to restrictions on insolvency procedures

1 E+W The Housing and Planning Act 2016 is amended as follows.

Commencement Information

I25 Sch. 2 para. 1 not in force at Royal Assent, see s. 46(3)

2 E+W In section 104 (winding-up orders), after subsection (2) insert—

“(2A) A notice under subsection (2) must—

(a) be given in writing,

(b) be signed by, or on behalf of, the petitioner,

(c) specify the date the petition was presented, and

(d) contain a copy of the petition.

(2B) Subsection (2C) applies if a person gives a notice purporting to be a notice under subsection (2) but which does not meet the requirements of any (or all) of paragraphs (b), (c) or (d) of subsection (2A).

(2C) The Regulator of Social Housing may, by notice in writing to the petitioner, treat the purported notice as notice given under subsection (2)(a) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).”

Commencement Information

I26 Sch. 2 para. 2 not in force at Royal Assent, see s. 46(3)

3 E+W In section 105 (voluntary winding up), after subsection (4) insert—

“(4A) A notice under subsection (4) must—

(a) be given in writing,

(b) be signed by, or on behalf of, the registered provider,

(c) specify the date the application was made, and

(d) contain a copy of the application.

(4B) Subsection (4C) applies if a person gives a notice purporting to be a notice under subsection (4) but which does not meet the requirements of any (or all) of paragraphs (b), (c) or (d) of subsection (4A).

(4C) The Regulator of Social Housing may, by notice in writing to the registered provider, treat the purported notice as notice given under subsection (4)(a) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).”

Commencement Information

I27 Sch. 2 para. 3 not in force at Royal Assent, see s. 46(3)

4 E+W In section 106 (ordinary administration orders), after subsection (3) insert—

“(3A) A notice under subsection (3) must—

(a) be given in writing,

(b) be signed by, or on behalf of, the person who made the ordinary administration application,

(c) specify the date the application was made, and

(d) contain a copy of the application.

(3B) Subsection (3C) applies if a person gives a notice purporting to be a notice under subsection (3) but which does not meet the requirements of any (or all) of paragraphs (b), (c) or (d) of subsection (3A).

(3C) The Regulator of Social Housing may, by notice in writing to the person who made the ordinary administration application, treat the purported notice as notice given under subsection (3)(a)(i) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).”

Commencement Information

I28 Sch. 2 para. 4 not in force at Royal Assent, see s. 46(3)

5 E+W In section 107 (appointment of administrator)—

(a) in the heading, after “creditors” insert “etc”;

(b) in subsection (4)(a)(i) omit the words from “, accompanied” to “1986”;

(c) after subsection (4) insert—

“(4A) A notice under subsection (4) must—

(a) be given in writing,

(b) be signed by, or on behalf of, the person making the appointment,

(c) specify the date the appointment was made, and

(d) contain copies of every document in relation to the appointment that is filed or lodged with the court in accordance with paragraph 18 or 29 of Schedule B1 to the Insolvency Act 1986.

(4B) Subsection (4C) applies if a person gives a notice purporting to be a notice under subsection (4) but which does not meet the requirements of any (or all) of paragraphs (b), (c) or (d) of subsection (4A).

(4C) The Regulator of Social Housing may, by notice in writing to the person making the appointment, treat the purported notice as notice given under subsection (4)(a)(i) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).”;

(d) in subsection (5) omit “(and a copy of the accompanying documents)”.

Commencement Information

I29 Sch. 2 para. 5 not in force at Royal Assent, see s. 46(3)

6 E+W In section 108 (enforcement of security)—

(a) in subsection (1), omit the words from “that” to the end;

(b) after subsection (2) insert—

“(2A) A notice under subsection (2) must—

(a) be given in writing, and

(b) be signed by, or on behalf of, the person intending to enforce the security.

(2B) Subsection (2C) applies if a person gives a notice purporting to be a notice under subsection (2) but which does not meet the requirement of paragraph (b) of subsection (2A).

(2C) The Regulator of Social Housing may, by notice in writing to the person intending to enforce the security, treat the purported notice as notice given under subsection (2)(a) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).”;

(c) omit subsection (3);

(d) before subsection (4) insert—

“(3A) In the case of a registered provider that is a charity registered under the Charities Act 2011 which is not a body corporate, the reference to the property of the registered provider is to the property held on the trusts of the charity (and for this purpose “trusts” has the same meaning as in the Charities Act 2011, see section 353 of that Act).”

Commencement Information

I30 Sch. 2 para. 6 not in force at Royal Assent, see s. 46(3)

Section 36

Schedule 3 E+W Regulatory and enforcement powers

1 E+W The Housing and Regeneration Act 2008 is amended as follows.

Commencement Information

I31 Sch. 3 para. 1 not in force at Royal Assent, see s. 46(3)

I32 Sch. 3 para. 1 in force at 20.9.2023 for specified purposes by S.I. 2023/1001, reg. 2(w)(i)

Prospective

2 E+W In section 201 (inspections) omit subsections (2) and (2A).

Commencement Information

I33 Sch. 3 para. 2 not in force at Royal Assent, see s. 46(3)

Prospective

3 E+W In section 206 (inquiry)—

(a) for subsection (1) substitute—

“(1) The regulator may hold an inquiry into the affairs of a registered provider if the regulator suspects that—

(a) the affairs of the registered provider may have been mismanaged,

(b) the registered provider has failed to meet a standard under section 193, 194 or 194C, or

(c) there is a risk that, if no action is taken by the regulator or the registered provider, the registered provider will fail to meet a standard under section 193, 194 or 194C.”;

(b) in subsection (4)(a), for “, employees or consultants” substitute “or employees”;

(c) omit subsection (5).

Commencement Information

I34 Sch. 3 para. 3 not in force at Royal Assent, see s. 46(3)

Prospective

4 E+W In section 226 (overview of provisions on penalties) omit “private”.

Commencement Information

I35 Sch. 3 para. 4 not in force at Royal Assent, see s. 46(3)

Prospective

5 E+W In section 227 (grounds for imposition of penalty), in subsection (1), omit “private”.

Commencement Information

I36 Sch. 3 para. 5 not in force at Royal Assent, see s. 46(3)

Prospective

6 E+W In section 229 (amount of penalty)—

(a) in subsection (2), after “penalty” insert “that may be”;

(b) in that subsection, for “may not exceed £5,000” substitute “is unlimited”;

(c) omit subsection (3).

Commencement Information

I37 Sch. 3 para. 6 not in force at Royal Assent, see s. 46(3)

Prospective

7 E+W In section 249 (management transfer), in subsection (1)—

(a) in paragraph (a), omit “or”;

(b) at the end of paragraph (b) insert “, or

(c) the registered provider has failed to meet a standard under section 193, 194 or 194C.”

Commencement Information

I38 Sch. 3 para. 7 not in force at Royal Assent, see s. 46(3)

Prospective

8 E+W In section 251 (appointment of manager of a private registered provider), in subsection (2), in both places, omit “an individual as”.

Commencement Information

I39 Sch. 3 para. 8 not in force at Royal Assent, see s. 46(3)

Prospective

9 E+W In section 252 (supplementary provisions about appointment of manager)—

(a) for subsection (2) substitute—

“(2) The registered provider may make representations to the regulator about the notice within the period of 5 days beginning with the day on which the provider receives the notice.”;

(b) after subsection (2) insert—

“(2A) Unless the registered provider consents, the regulator may not take action under section 251(2) before the expiry of the period within which the provider may make representations.”;

(c) omit subsection (3).

Commencement Information

I40 Sch. 3 para. 9 not in force at Royal Assent, see s. 46(3)

Prospective

10 E+W In section 252A (appointment of advisers to local authorities), in subsection (2)—

(a) in the words before paragraph (a), for “thinks” substitute “is satisfied”;

(b) at the end of paragraph (d) (inserted by section 10) insert—

“(e) that the authority has failed to meet a standard under section 193, 194 or 194C,”.

Commencement Information

I41 Sch. 3 para. 10 not in force at Royal Assent, see s. 46(3)

Prospective

11 E+W In section 253 (transfer of land by private registered provider), in subsection (1)—

(a) in paragraph (a), omit “or”;

(b) at the end of paragraph (b) insert “, or

(c) the registered provider has failed to meet a standard under section 193, 194 or 194C.”

Commencement Information

I42 Sch. 3 para. 11 not in force at Royal Assent, see s. 46(3)

Prospective

12 E+W In section 255 (amalgamation), in subsection (1)—

(a) in paragraph (a), omit “or”;

(b) at the end of paragraph (b) insert “, or

(c) the registered provider has failed to meet a standard under section 193, 194 or 194C.”

Commencement Information

I43 Sch. 3 para. 12 not in force at Royal Assent, see s. 46(3)

Prospective

13 E+W In section 256 (restrictions on dealings during inquiry)—

(a) in subsection (1)(a), for “non-profit” substitute “private”;

(b) in subsection (3), for the words from “that” to the end substitute “that—

(a) the affairs of the registered provider have been mismanaged, or

(b) the registered provider has failed to meet a standard under section 194.”

Commencement Information

I44 Sch. 3 para. 13 not in force at Royal Assent, see s. 46(3)

Prospective

14 E+W In section 257 (restrictions on dealings following inquiry), in subsection (1), for the words from “that” to the end substitute “that—

(a) the affairs of a private registered provider have been mismanaged, or

(b) a private registered provider has failed to meet a standard under section 194.”

Commencement Information

I45 Sch. 3 para. 14 not in force at Royal Assent, see s. 46(3)

Prospective

15 E+W In section 259 (suspension of officer etc during inquiry)—

(a) in subsection (1)(a), for “non-profit” substitute “private”;

(b) in subsection (1)(b), for “either” substitute “any”;

(c) in subsection (3), for the words from “that” to the end substitute “that—

(a) the affairs of the registered provider have been mismanaged, or

(b) the registered provider has failed to meet a standard under section 193, 194 or 194C.”;

(d) after subsection (3) insert—

“(3A) Case 3 applies if the regulator is satisfied that an officer, employee or agent of the registered provider is obstructing, or failing to co-operate with, the inquiry.”;

(e) for subsection (4) substitute—

“(4) The regulator may by order—

(a) where Case 1 or Case 2 applies, suspend any officer, employee or agent of the registered provider who it thinks has contributed to the mismanagement or failure, or

(b) where Case 3 applies, suspend the officer, employee or agent who it thinks is obstructing, or failing to co-operate with, the inquiry.”

Commencement Information

I46 Sch. 3 para. 15 not in force at Royal Assent, see s. 46(3)

Prospective

16 E+W In section 260 (removal or suspension of officer etc following inquiry)—

(a) in subsection (1), for the words from “that” to the end substitute “that—

(a) the affairs of a private registered provider have been mismanaged, or

(b) a private registered provider has failed to meet a standard under section 193, 194 or 194C.”;

(b) in subsection (2), for the words from “who” to the end substitute “who—

(a) it thinks has contributed to the mismanagement or failure, or

(b) it thinks obstructed, or failed to co-operate with, the inquiry under section 206.”

Commencement Information

I47 Sch. 3 para. 16 not in force at Royal Assent, see s. 46(3)

Prospective

17 E+W In section 266 (removal of officers)—

(a) in subsection (1), for “non-profit” substitute “private”;

(b) after subsection (8) insert—

“(9) Case 8 applies to a person who is obstructing the regulator, or failing to co-operate with the regulator, in the performance of the regulator’s functions under this Part.”

Commencement Information

I48 Sch. 3 para. 17 not in force at Royal Assent, see s. 46(3)

18 E+W In section 269 (appointment of new officers)—

(a) in subsection (1), for “non-profit” substitute “private”;

(b) in subsection (1)(b), omit “or”;

(c) after subsection (1)(b) insert—

“(ba) in the case of a registered provider which is a registered charity, registered society or registered company, if none of the officers is a board member,

(bb) if the regulator is satisfied that the registered provider has failed to meet a standard under section 193, 194 or 194C, or”;

(d) after subsection (1) insert—

“(1A) In subsection (1)(ba), “board member” means—

(a) in the case of a registered charity which is not a registered company, a charity trustee within the meaning given by section 177 of the Charities Act 2011;

(b) in the case of a registered society, a member of its committee within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014;

(c) in the case of a registered company, a director within the meaning given by section 250 of the Companies Act 2006.”;

(e) in subsection (4)(a)—

(i) leave out “on expiry”;

(ii) after “appointment” insert “(on any number of occasions)”.

Commencement Information

I49 Sch. 3 para. 18 not in force at Royal Assent, see s. 46(3)

I50 Sch. 3 para. 18(e) in force at 20.9.2023 by S.I. 2023/1001, reg. 2(w)(ii)

Prospective

19 E+W In section 269A (local authorities: censure during or following inquiry)—

(a) in subsection (3), for the words from “that” to the end substitute “that—

(a) the affairs of the authority have been mismanaged, or

(b) the authority has failed to meet a standard under section 193, 194 or 194C.”;

(b) in subsection (4), for the words from “that” to the end substitute “that—

(a) the affairs of the authority have been mismanaged, or

(b) the authority has failed to meet a standard under section 193, 194 or 194C.”

Commencement Information

I51 Sch. 3 para. 19 not in force at Royal Assent, see s. 46(3)

Prospective

20 E+W In section 269B (response to censure notice), in subsection (2)(c), after “mismanaged” insert “or it has failed to meet the standard (as the case may be).”

Commencement Information

I52 Sch. 3 para. 20 not in force at Royal Assent, see s. 46(3)

Section 39

Schedule 4 E+W Appeals

1 E+W The Housing and Regeneration Act 2008 is amended as follows.

Commencement Information

I53 Sch. 4 para. 1 not in force at Royal Assent, see s. 46(3)

I54 Sch. 4 para. 1 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)

2 E+W In section 115 (profit-making and non-profit organisations), in subsection (9), at the end insert “and notify the body it has done so.”

Commencement Information

I55 Sch. 4 para. 2 not in force at Royal Assent, see s. 46(3)

I56 Sch. 4 para. 2 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)

3 E+W In section 116 (voluntary registration), after subsection (2) insert—

“(2A) The regulator must notify a body of the outcome of its application.”

Commencement Information

I57 Sch. 4 para. 3 not in force at Royal Assent, see s. 46(3)

I58 Sch. 4 para. 3 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)

4 (1) Section 118 (compulsory de-registration) is amended as follows. E+W

(2) For subsection (2) substitute—

“(2) Before acting under subsection (1)(a), (aa) or (b) the regulator must—

(a) give the private registered provider a notice—

(i) warning the provider that the regulator is considering action under the provision concerned, and

(ii) specifying a period (which must be at least 14 days beginning with the day the provider receives the notice) within which the provider may make representations, and

(b) consider any representations made during that period.”

(3) For subsection (3) substitute—

“(3) The regulator must notify a private registered provider of a decision to remove it from the register under subsection (1)(a), (aa) or (b).”

Commencement Information

I59 Sch. 4 para. 4 not in force at Royal Assent, see s. 46(3)

I60 Sch. 4 para. 4 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)

5 (1) Section 121 (registration decisions: appeals) is amended as follows. E+W

(2) In subsection (1)—

(a) in paragraph (b), after “it” insert “under section 118(1)”;

(b) in that paragraph, omit “or”;

(c) at the end of paragraph (c) insert—

“(d) to designate it as a non-profit organisation or as a profit-making organisation (as the case may be), or

(e) to change its registered designation.”

(3) After subsection (1) insert—

“(1A) An appeal under this section must be brought within the period of 28 days beginning with the day on which the body is notified of the decision it is appealing.”

(4) In subsection (2), for “while an appeal is pending” substitute “during the appeal period”.

(5) After subsection (2) insert—

“(2A) The “appeal period” means—

(a) where an appeal is brought, the period beginning with the day on which notice of the decision appealed against is given and ending with the day on which the appeal is finally determined or withdrawn, and

(b) otherwise, the period during which an appeal could be brought.

(2B) Subsections (1A) to (2A) do not apply to a decision of the regulator to de-register a body under section 118(1)(c).”

Commencement Information

I61 Sch. 4 para. 5 not in force at Royal Assent, see s. 46(3)

I62 Sch. 4 para. 5 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)

6 E+W In section 223 (enforcement notice: appeal)—

(a) the existing text becomes subsection (1);

(b) after that subsection insert—

“(2) An appeal under this section must be brought within the period of 28 days beginning with the day on which the registered provider is given the enforcement notice.”

Commencement Information

I63 Sch. 4 para. 6 not in force at Royal Assent, see s. 46(3)

I64 Sch. 4 para. 6 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)

7 E+W In section 235 (penalty notice: appeals)—

(a) the existing text becomes subsection (1);

(b) after that subsection insert—

“(2) An appeal under this section must be brought within the period of 28 days beginning with the day on which the registered provider is given the penalty notice.

(3) The requirement to pay the penalty is suspended during the appeal period.

(4) Regulations under section 234(2) may not authorise the regulator to—

(a) charge interest in respect of the appeal period, or

(b) impose additional penalties during that period.

(5) The “appeal period” means—

(a) where an appeal is brought, the period beginning with the day on which the penalty notice is given and ending with the day on which the appeal is finally determined or withdrawn, and

(b) otherwise, the period during which an appeal could be brought.”

Commencement Information

I65 Sch. 4 para. 7 not in force at Royal Assent, see s. 46(3)

I66 Sch. 4 para. 7 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)

8 E+W In section 245 (compensation notice: appeals)—

(a) the existing text becomes subsection (1);

(b) after that subsection insert—

“(2) An appeal under this section must be brought within the period of 28 days beginning with the day on which the registered provider is given the compensation notice.

(3) The requirement to pay the compensation is suspended during the appeal period.

(4) Regulations under section 244(2) may not authorise the regulator to—

(a) award interest in respect of the appeal period, or

(b) award additional compensation during that period.

(5) The “appeal period” means—

(a) where an appeal is brought, the period beginning with the day on which the compensation notice is given and ending with the day on which the appeal is finally determined or withdrawn, and

(b) otherwise, the period during which an appeal could be brought.”

Commencement Information

I67 Sch. 4 para. 8 not in force at Royal Assent, see s. 46(3)

I68 Sch. 4 para. 8 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)

9 E+W In section 247 (management tender), in subsection (2), after “may” insert “by notice”.

Commencement Information

I69 Sch. 4 para. 9 not in force at Royal Assent, see s. 46(3)

I70 Sch. 4 para. 9 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)

10 E+W In section 248 (management tender: procedure and appeals), after subsection (9) insert—

“(10) An appeal under this section must be brought within the period of 28 days beginning with the day on which the regulator notifies the registered provider of the imposition of a requirement on the provider under section 247(2).”

Commencement Information

I71 Sch. 4 para. 10 not in force at Royal Assent, see s. 46(3)

I72 Sch. 4 para. 10 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)

11 E+W In section 249 (management transfer), in subsection (2), after “may” insert “by notice”.

Commencement Information

I73 Sch. 4 para. 11 not in force at Royal Assent, see s. 46(3)

I74 Sch. 4 para. 11 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)

12 E+W In section 250 (management transfer: procedure and appeals), after subsection (9) insert—

“(10) An appeal under this section must be brought within the period of 28 days beginning with the day on which the regulator notifies the registered provider of the imposition of a requirement on the provider under section 249(2).”

Commencement Information

I75 Sch. 4 para. 12 not in force at Royal Assent, see s. 46(3)

I76 Sch. 4 para. 12 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)

13 E+W In section 251 (appointment of manager), in subsection (2), after “may” insert “by notice to the registered provider”.

Commencement Information

I77 Sch. 4 para. 13 not in force at Royal Assent, see s. 46(3)

I78 Sch. 4 para. 13 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)

14 E+W In section 252 (appointment of manager: procedure and appeals), after subsection (9) insert—

“(10) An appeal under this section must be brought within the period of 28 days beginning with the day on which—

(a) the regulator notifies the registered provider of an appointment made under section 251(2)(a) (in the case of an appeal against an appointment), or

(b) the regulator notifies the registered provider of the imposition of a requirement on the provider under section 251(2)(b) (in the case of an appeal against a requirement).”

Commencement Information

I79 Sch. 4 para. 14 not in force at Royal Assent, see s. 46(3)

I80 Sch. 4 para. 14 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)

15 E+W In section 259 (suspension of officer etc during inquiry), after subsection (7) insert—

“(7A) If the regulator makes an order, the regulator must—

(a) take all reasonable steps to notify the person suspended, and

(b) notify the registered provider.”

Commencement Information

I81 Sch. 4 para. 15 not in force at Royal Assent, see s. 46(3)

I82 Sch. 4 para. 15 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)

16 E+W In section 260 (removal or suspension of officer etc following inquiry), after subsection (5) insert—

“(5A) If the regulator makes an order, the regulator must—

(a) take all reasonable steps to notify the person removed or suspended, and

(b) notify the registered provider.”

Commencement Information

I83 Sch. 4 para. 16 not in force at Royal Assent, see s. 46(3)

I84 Sch. 4 para. 16 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)

17 E+W In section 267 (removal of officers: supplemental), after subsection (1) insert—

“(1A) If the regulator makes an order, the regulator must—

(a) take all reasonable steps to notify the person removed, and

(b) notify the registered provider.”

Commencement Information

I85 Sch. 4 para. 17 not in force at Royal Assent, see s. 46(3)

I86 Sch. 4 para. 17 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)

18 E+W In section 268 (removal or suspension of officer etc: appeals)—

(a) the existing text becomes subsection (1);

(b) after that subsection insert—

“(2) An appeal under this section must be brought within the period of 28 days beginning with the day on which the registered provider concerned is notified of the removal or suspension.”

Commencement Information

I87 Sch. 4 para. 18 not in force at Royal Assent, see s. 46(3)

I88 Sch. 4 para. 18 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)

Section 43

Schedule 5 E+W Minor and consequential amendments

Part 1 E+W Housing and Regeneration Act 2008

1 E+W The Housing and Regeneration Act 2008 is amended as set out in paragraphs 2 to 46.

Commencement Information

I89 Sch. 5 para. 1 not in force at Royal Assent, see s. 46(3)

I90 Sch. 5 para. 1 in force at 20.9.2023 for specified purposes by S.I. 2023/1001, reg. 2(y)(i)

2 E+W In section 60 (structural overview) omit subsection (4).

Commencement Information

I91 Sch. 5 para. 2 not in force at Royal Assent, see s. 46(3)

I92 Sch. 5 para. 2 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(ii)

3 E+W In section 74A (leaving the social housing stock: private providers), in subsection (1), in both places, omit “of social housing”.

Commencement Information

I93 Sch. 5 para. 3 not in force at Royal Assent, see s. 46(3)

I94 Sch. 5 para. 3 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(ii)

4 E+W In section 79 (English bodies), omit subsections (2) to (5).

Commencement Information

I95 Sch. 5 para. 4 not in force at Royal Assent, see s. 46(3)

I96 Sch. 5 para. 4 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(ii)

5 E+W In section 92K (fundamental objectives), in subsections (2)(a) and (3)(d), omit “of social housing”.

Commencement Information

I97 Sch. 5 para. 5 not in force at Royal Assent, see s. 46(3)

I98 Sch. 5 para. 5 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(ii)

6 E+W In section 96 (evidence), in paragraph (d), for “an ombudsman appointed by virtue of section 124” substitute “a housing ombudsman”.

Commencement Information

I99 Sch. 5 para. 6 not in force at Royal Assent, see s. 46(3)

I100 Sch. 5 para. 6 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(ii)

7 E+W In section 112 (eligibility for voluntary registration)—

(a) for subsection (1) substitute—

“(1) A body is eligible for registration if—

(a) it is an English body, and

(b) it satisfies the following conditions.”;

(b) omit subsection (5).

Commencement Information

I101 Sch. 5 para. 7 not in force at Royal Assent, see s. 46(3)

I102 Sch. 5 para. 7 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(ii)

8 E+W Omit section 113.

Commencement Information

I103 Sch. 5 para. 8 not in force at Royal Assent, see s. 46(3)

I104 Sch. 5 para. 8 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(ii)

9 E+W In section 114 (registration of local authorities)—

(a) omit subsection (1);

(b) in subsection (2), after “require” insert “or permit”;

(c) in subsection (3)—

(i) at the end of paragraph (a) insert “and”;

(ii) in paragraph (b), omit “and”;

(iii) omit paragraph (c);

(d) in subsection (5)—

(i) omit paragraph (a);

(ii) in paragraph (b), omit “(1) or”.

Commencement Information

I105 Sch. 5 para. 9 not in force at Royal Assent, see s. 46(3)

I106 Sch. 5 para. 9 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(ii)

10 E+W In section 114A (local authorities: duty to notify), in subsection (1) omit “in England”.

Commencement Information

I107 Sch. 5 para. 10 not in force at Royal Assent, see s. 46(3)

I108 Sch. 5 para. 10 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(ii)

11 E+W In section 122 (payments to members etc), in subsection (6), for “registered company or registered society” substitute “registered provider”.

Commencement Information

I109 Sch. 5 para. 11 not in force at Royal Assent, see s. 46(3)

I110 Sch. 5 para. 11 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(ii)

12 E+W In section 135 (charity accounts), in subsection (1), omit “non-profit”.

Commencement Information

I111 Sch. 5 para. 12 not in force at Royal Assent, see s. 46(3)

I112 Sch. 5 para. 12 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(ii)

Prospective

13 E+W In section 153 (moratorium: process for proposals)—

(a) in subsection (2)(a) omit “and its officers”;

(b) in subsection (6)(a) omit “and its officers”.

Commencement Information

I113 Sch. 5 para. 13 not in force at Royal Assent, see s. 46(3)

Prospective

14 E+W Before section 169A (but after the heading before that section) insert—

“169ZA Application of rules about notification of constitutional changes

This group of sections does not apply to local authorities.”

Commencement Information

I114 Sch. 5 para. 14 not in force at Royal Assent, see s. 46(3)

Prospective

15 E+W In section 169D (directions about notifications)—

(a) for “169C”, in both places, substitute “169CD”;

(b) in subsection (1)(a), omit “private”.

Commencement Information

I115 Sch. 5 para. 15 not in force at Royal Assent, see s. 46(3)

16 E+W In section 192 (overview of Chapter 6)—

(a) in paragraph (a), for “to 198B” substitute “to 198”;

(b) in paragraph (b), for “to 210” substitute “to 210A”;

(c) in paragraph (d) omit “about the submission of information and opinions relating to registered providers and”.

Commencement Information

I116 Sch. 5 para. 16 not in force at Royal Assent, see s. 46(3)

I117 Sch. 5 para. 16(b)(c) in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(iii)

17 E+W In section 193 (standards relating to consumer matters)—

(a) in subsection (1), after “extent” insert “, safety, energy efficiency”;

(b) in subsection (2)(f), for “and informing tenants” substitute “tenants and providing them with information in connection with such consultation”;

(c) in subsection (2), after paragraph (h) insert—

“(ha) policies and procedures in connection with behaviour which amounts to domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act),”;

(d) omit subsection (3).

Commencement Information

I118 Sch. 5 para. 17 not in force at Royal Assent, see s. 46(3)

I119 Sch. 5 para. 17 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(iv)

18 E+W In section 194 (standards relating to economic matters), omit subsection (3).

Commencement Information

I120 Sch. 5 para. 18 not in force at Royal Assent, see s. 46(3)

I121 Sch. 5 para. 18 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(iv)

19 E+W In section 197 (direction by Secretary of State), in subsection (2)(a), after “quality” insert “, safety or energy efficiency”.

Commencement Information

I122 Sch. 5 para. 19 not in force at Royal Assent, see s. 46(3)

I123 Sch. 5 para. 19 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(iv)

20 E+W In section 198 (supplemental provisions about standards), after subsection (5) insert—

“(6) In setting standards the regulator must have regard to the desirability of registered providers being free to choose how to provide services and conduct business.”

Commencement Information

I124 Sch. 5 para. 20 not in force at Royal Assent, see s. 46(3)

I125 Sch. 5 para. 20 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(iv)

Prospective

21 E+W In section 203(3) (inspector’s powers), for “107(3) to (7)” substitute “107(2A) to (4) and (5) to (7)”.

Commencement Information

I126 Sch. 5 para. 21 not in force at Royal Assent, see s. 46(3)

Prospective

22 E+W In section 208(4) (inquirer’s powers), for “107(3) to (7)” substitute “107(2A) to (4) and (5) to (7)”.

Commencement Information

I127 Sch. 5 para. 22 not in force at Royal Assent, see s. 46(3)

23 E+W In section 215 (guidance about use of intervention powers) omit—

(a) subsection (1)(a) (including the final “and”);

(b) subsection (2);

(c) subsection (2A).

Commencement Information

I128 Sch. 5 para. 23 not in force at Royal Assent, see s. 46(3)

I129 Sch. 5 para. 23(a)(b) in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(v)

24 E+W In section 216 (consultation), in paragraph (b), at the end insert “of social housing”.

Commencement Information

I130 Sch. 5 para. 24 not in force at Royal Assent, see s. 46(3)

I131 Sch. 5 para. 24 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(vi)

25 E+W In section 217 (accreditation)—

(a) in subsection (4)(b), after “193” insert “or 194A”;

(b) in subsection (6), after “193” insert “or 194A”.

Commencement Information

I132 Sch. 5 para. 25 not in force at Royal Assent, see s. 46(3)

I133 Sch. 5 para. 25 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(vii)

Prospective

26 E+W In section 218 (exercise of enforcement powers)—

(a) in subsection (1), for “Subsection (2)” substitute “This section”;

(b) in subsection (2), after paragraph (d) insert—

“(e) whether the failure or other problem is serious or trivial.”;

(c) omit subsections (3) and (4).

Commencement Information

I134 Sch. 5 para. 26 not in force at Royal Assent, see s. 46(3)

27 E+W In section 220 (grounds for giving enforcement notice)—

(a) in subsection (2) omit “applicable to it”;

(b) in subsection (11), for “an ombudsman appointed by virtue of section 124” substitute “a housing ombudsman”;

(c) omit subsection (11A).

Commencement Information

I135 Sch. 5 para. 27 not in force at Royal Assent, see s. 46(3)

I136 Sch. 5 para. 27 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(viii) (with reg. 3)

28 E+W In section 227 (grounds for imposition of a penalty), omit subsection (7A).

Commencement Information

I137 Sch. 5 para. 28 not in force at Royal Assent, see s. 46(3)

I138 Sch. 5 para. 28 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(viii) (with reg. 3)

29 E+W In section 237 (grounds for award of compensation), omit subsection (4).

Commencement Information

I139 Sch. 5 para. 29 not in force at Royal Assent, see s. 46(3)

I140 Sch. 5 para. 29 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(viii) (with reg. 3)

30 E+W In section 239 (housing ombudsman compensation), in subsection (1), for “an ombudsman appointed by virtue of section 124” substitute “a housing ombudsman”.

Commencement Information

I141 Sch. 5 para. 30 not in force at Royal Assent, see s. 46(3)

I142 Sch. 5 para. 30 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(viii)

31 E+W In section 242 (warning before giving compensation notice), in subsection (2), for “person appointed by virtue of section 124 as the ombudsman” substitute “housing ombudsman”.

Commencement Information

I143 Sch. 5 para. 31 not in force at Royal Assent, see s. 46(3)

I144 Sch. 5 para. 31 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(viii)

32 E+W In section 247 (grounds for requiring management tender), in subsection (1)—

(a) in paragraph (a), omit “applicable to it”;

(b) omit paragraph (aa) (including the final “or”).

Commencement Information

I145 Sch. 5 para. 32 not in force at Royal Assent, see s. 46(3)

I146 Sch. 5 para. 32 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(viii) (with reg. 3)

33 E+W In section 251 (grounds for appointing manager), in subsection (1), omit paragraph (aa) (including the final “or”).

Commencement Information

I147 Sch. 5 para. 33 not in force at Royal Assent, see s. 46(3)

I148 Sch. 5 para. 33 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(viii) (with reg. 3)

Prospective

34 E+W In section 256 (restrictions on dealings during an inquiry), in subsection (2), for “has reasonable grounds for believing” substitute “is satisfied”.

Commencement Information

I149 Sch. 5 para. 34 not in force at Royal Assent, see s. 46(3)

35 E+W In section 258 (restrictions on dealings: supplemental), in subsection (3), omit the words from “not” to the end.

Commencement Information

I150 Sch. 5 para. 35 not in force at Royal Assent, see s. 46(3)

I151 Sch. 5 para. 35 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(ix)

Prospective

36 E+W In the heading immediately before section 259, omit “non-profit”.

Commencement Information

I152 Sch. 5 para. 36 not in force at Royal Assent, see s. 46(3)

Prospective

37 E+W In section 259 (suspension during inquiry), in subsection (2), for “has reasonable grounds for believing” substitute “is satisfied”.

Commencement Information

I153 Sch. 5 para. 37 not in force at Royal Assent, see s. 46(3)

38 E+W In section 264 (offence of acting as an officer while disqualified), in subsection (2)(a), omit “not exceeding the statutory maximum”.

Commencement Information

I154 Sch. 5 para. 38 not in force at Royal Assent, see s. 46(3)

I155 Sch. 5 para. 38 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(x)

Prospective

39 E+W In section 269 (appointment of new officers), in subsection (1)(c), for “thinks” substitute “is satisfied”.

Commencement Information

I156 Sch. 5 para. 39 not in force at Royal Assent, see s. 46(3)

Prospective

40 E+W In section 269A (local authorities: censure during or following inquiry), in subsection (2), for “has reasonable grounds for believing” substitute “is satisfied”.

Commencement Information

I157 Sch. 5 para. 40 not in force at Royal Assent, see s. 46(3)

41 E+W Omit section 274 (definition of charities that have “received public assistance”).

Commencement Information

I158 Sch. 5 para. 41 not in force at Royal Assent, see s. 46(3)

I159 Sch. 5 para. 41 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(xi)

42 E+W In section 275 (general), for the definition of “local authority” substitute—

• ““local authority” means—

  (a)

  the council of a county in England,

  (b)

  a district council,

  (c)

  a London borough council,

  (d)

  the Common Council of the City of London, or

  (e)

  the Council of the Isles of Scilly;”.

Commencement Information

I160 Sch. 5 para. 42 not in force at Royal Assent, see s. 46(3)

I161 Sch. 5 para. 42 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(xii)

43 E+W In section 276 (index of defined terms)—

(a) after the entry for “The HCA” insert—

“health and safety lead	section 126A(2)
health and safety requirement	section 126B(2)”;

(b) after the entry relating to “penalty notice” insert—

“Performance improvement plan	Section 218A
Performance improvement plan notice	Section 218A”;

(c) omit the entry relating to “received public assistance (charities)”.

Commencement Information

I162 Sch. 5 para. 43 not in force at Royal Assent, see s. 46(3)

I163 Sch. 5 para. 43(c) in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(xiii)

44 E+W After section 276A (inserted by section 35) insert—

“276B Data protection

(1) This section applies to a duty or power to process information where the duty or power is imposed or conferred by or by virtue of any provision of this Part.

(2) A duty or power to which this section applies does not operate to require or authorise the processing of information which would contravene the data protection legislation (but the duty or power is to be taken into account in determining whether the processing would contravene that legislation).

(3) In this section “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).”

Commencement Information

I164 Sch. 5 para. 44 not in force at Royal Assent, see s. 46(3)

I165 Sch. 5 para. 44 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(xiv)

45 E+W In section 278A (power to nominate bodies for consultation purposes), in subsection (1), omit paragraph (b).

Commencement Information

I166 Sch. 5 para. 45 not in force at Royal Assent, see s. 46(3)

I167 Sch. 5 para. 45 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(xv)

Prospective

46 E+W In section 320 (orders and regulations), in subsection (7)(a), for “, 122 and 229” substitute “and 122”.

Commencement Information

I168 Sch. 5 para. 46 not in force at Royal Assent, see s. 46(3)

Part 2 E+W Other Acts

47 E+W In Schedule 17 to the Localism Act 2011 (regulation of social housing) omit—

(a) paragraph 6;

(b) paragraph 15(4);

(c) paragraph 17.

Commencement Information

I169 Sch. 5 para. 47 not in force at Royal Assent, see s. 46(3)

I170 Sch. 5 para. 47(a) in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(xvi)

48 E+W Omit section 30 of the Welfare Reform and Work Act 2016.

Commencement Information

I171 Sch. 5 para. 48 not in force at Royal Assent, see s. 46(3)

I172 Sch. 5 para. 48 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(xvii)

49 (1) Section 2 of the Leasehold Reform (Ground Rent) Act 2022 (excepted leases) is amended as follows. E+W

(2) In subsection (7)(a) omit “within the meaning of section 79 of the Housing and Regeneration Act 2008”.

(3) After subsection (7) insert—

“(7A) A “community land trust” means a body corporate which satisfies the conditions in subsection (7B); and in those conditions “local community” means the individuals who live or work, or want to live or work, in a particular area.

(7B) The conditions are—

(a) that the body is established for the express purpose of furthering the social, economic and environmental interests of a local community by acquiring and managing land and other assets in order—

(i) to provide a benefit to the local community, and

(ii) to ensure that the assets are not sold or developed except in a manner which the trust’s members think benefits the local community, and

(b) that the body is established under arrangements which are expressly designed to ensure that—

(i) any profits from its activities will be used to benefit the local community (otherwise than by being paid directly to members);

(ii) individuals who live or work in the particular area have the opportunity to become members of the trust (whether or not others can also become members), and

(iii) the members of the trust control it.”

Commencement Information

I173 Sch. 5 para. 49 not in force at Royal Assent, see s. 46(3)

I174 Sch. 5 para. 49 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(xviii)