Social Housing (Regulation) Act 2023

2023 Chapter 36

An Act to make provision about the regulation of social housing; about the terms of approved schemes for the investigation of housing complaints; about the powers and duties of a housing ombudsman appointed under an approved scheme; about hazards affecting social housing; and for connected purposes.

Enacted [20th July 2023]

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Duties of registered providers¶

^I1010 Appointment of health and safety lead by registered provider¶

^I2451 The Housing and Regeneration Act 2008 is amended as follows.

^I2452 Before section 127 (and the heading immediately before it) insert—

Health and safety lead for registered provider

126A Designation of health and safety lead

1 A registered provider must designate an individual to carry out the functions in section 126B.

2 The individual designated under subsection (1) is referred to in this Part as the “health and safety lead” for the registered provider.

3 The health and safety lead must be—

a in the case of a private registered provider—

i if the provider has at least 15 employees, an employee of the provider;

ii otherwise, an employee or officer of the provider;

b in the case of a local authority which operates executive arrangements and has a leader and cabinet executive (England)—

i the executive leader,

ii another member of the executive, or

iii an employee of the authority;

c in the case of a local authority which operates executive arrangements and has a mayor and cabinet executive—

i a member of the executive other than the elected mayor, or

ii an employee of the authority;

d in the case of the Common Council of the City of London, an employee of the Common Council;

e in the case of any other local authority—

i the chairman or vice-chairman of the authority (if holding a paid office), or

ii an employee of the authority.

4 In this section and section 126B, the following terms have the same meanings as in Part 1A of the Local Government Act 2000 (and see the provisions of that Act mentioned)—

“elected mayor” (section 9H(1));
“executive” (section 9C);
“executive arrangements” (section 9B(4));
“executive leader” (section 9C(3)(a));
“leader and cabinet executive (England)” (section 9C(3));
“mayor and cabinet executive” (section 9C(2)).

5 For the purposes of subsection (3)(e)(i)—

a the references to the chairman and vice-chairman of an authority are to those persons elected under section 3 or 5 of the Local Government Act 1972 (or in relation to a London borough council are to be read in accordance with section 270(4) of that Act);

b a chairman or vice-chairman holds a “paid office” if the council pays the person an allowance.

6 The Secretary of State may by regulations amend this section to alter who may be the health and safety lead for a registered provider.

126B Functions of the health and safety lead

1 The functions of the health and safety lead for a registered provider are to—

a monitor the provider’s compliance with health and safety requirements;

b assess risks of failure to comply with health and safety requirements;

c notify the responsible body of the provider of—

i risks assessed under paragraph (b) of material failures by the provider to comply with health and safety requirements;

ii material failures by the provider to comply with health and safety requirements;

d provide advice to the responsible body as to how the provider should address risks and failures notified to the responsible body under paragraph (c) for the purpose of ensuring that the provider complies with health and safety requirements.

2 In this Part, “health and safety requirement”, in relation to a registered provider, means a statutory requirement, so far as it—

a relates to the health or safety of tenants of social housing, and

b applies to the provider by virtue of being the provider of that social housing (including where it is expressed as applying to a landlord or employer or in some other way).

3 In this section, “statutory requirement” means a requirement imposed by or by virtue of legislation and includes—

a an obligation under a covenant implied by or under legislation (such as a covenant under section 9A of the Landlord and Tenant Act 1985 (fitness for human habitation of dwellings in England));

b a requirement imposed—

i by a notice given under legislation, or

ii by or as a result of other action (such as enforcement action mentioned in section 5(2) or 7(2) of the Housing Act 2004 (housing conditions: category 1 and 2 hazards)) taken under legislation.

4 In subsection (3), “legislation” means any provision of or made under—

a an Act of Parliament, or

b a Measure or Act of Senedd Cymru.

5 For the purposes of this section, the “responsible body” of a registered provider—

a in the case of a local authority which operates executive arrangements, is the executive;

b in the case of any other local authority, is the councillors;

c in the case of a private registered provider, has the meaning given by the following table—

Private registered provider	Meaning of “responsible body”
Registered charity which is not a registered company	Its charity trustees within the meaning given by section 177 of the Charities Act 2011
Registered society	Its committee within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014
Registered company	Its directors within the meaning given by section 250 of the Companies Act 2006
Limited liability partnership	Its members

(See section 126A(4) for the meanings of terms used in paragraph (a).)

126C Duties of registered provider in relation to health and safety lead

1 A registered provider must—

a ensure that the health and safety lead—

i has sufficient authority (including, in particular, authority to obtain information) within the provider’s organisation, and

ii can devote sufficient time to the functions of the health and safety lead,

to perform the role of health and safety lead effectively;

b provide the health and safety lead with the resources needed to carry out those functions.

2 A registered provider must, in accordance with requirements published by the regulator—

a notify the regulator of the name and contact details of the health and safety lead, and

b publish that information.

126D Health and safety lead: general

1 Nothing in sections 126A to 126C affects—

a the responsibility of a registered provider for compliance with health and safety requirements, or

b the liability of the registered provider or of any director, member or other officer or person for a failure to comply with health and safety requirements.

2 The health and safety lead is not, by virtue of those sections—

a responsible for the registered provider’s compliance with health and safety requirements, or

b liable for a failure by the registered provider to comply with health and safety requirements,

(but this does not affect any responsibility or liability which the individual designated under section 126A has otherwise than as health and safety lead).

3 A registered provider may nominate an individual to carry out the functions of the health and safety lead if the health and safety lead is unable to act due to absence or illness.

^I2453 In section 220 (grounds for giving enforcement notice), at the appropriate place insert—

11B Case 12 is where—

a the registered provider—

i does not have a health and safety lead designated under section 126A, or

ii has failed to meet a requirement under section 126C, or

b the functions of the health and safety lead are not being carried out.

^I2454 In section 227 (grounds for imposition of penalty), at the appropriate place insert—

7B Case 8 is where—

a the registered provider—

i does not have a health and safety lead designated under section 126A, or

ii has failed to meet a requirement under section 126C, or

b the functions of the health and safety lead are not being carried out.

^I2455 In section 247(1) (management tender), before paragraph (b) insert—

6 In section 251(1) (appointment of manager of private registered provider), before paragraph (b) insert—

^I2457 In section 252A(2) (appointment of advisers to local authorities)—

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

b after paragraph (b) insert—

^I2458 In section 320 (orders and regulations), in subsection (3)(d), for “or 72” substitute “, 72 or 126A”.

^I1111 Electrical safety standards¶

1 Section 122 of the Housing and Planning Act 2016 (electrical safety standards for properties let by private landlords) is amended as follows.

2 In the heading, for “properties let by private landlords” substitute “residential properties let by landlords”.

3 In subsection (1)—

a omit “private”;

b after “England” insert “to whom this section applies”.

4 After subsection (1) insert—

Registered providers: insolvency, restructuring etc¶

^I12^I25012 Moratorium on disposal of land¶

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

2 For section 145 substitute—

145 Moratorium

1 A moratorium on the disposal of land by a private registered provider begins when any of the events mentioned in subsection (2) occur in relation to the provider.

2 The events are—

a a petition is presented under section 124 of the Insolvency Act 1986, by a person other than the Secretary of State, for the winding up of the provider;

b an application is made by the provider under section 105(3) of the Housing and Planning Act 2016 for permission to pass a resolution for voluntary winding up;

c an application is made in accordance with paragraph 12 of Schedule B1 to the Insolvency Act 1986, by a person other than the Secretary of State, for an administration order in respect of the provider;

d a notice of the appointment of an administrator of the provider under paragraph 14 or 22 of Schedule B1 to the Insolvency Act 1986 is filed with the court under paragraph 18 or 29 of that Schedule;

e notice of intention to enforce a security over property of the provider is given under section 108(2)(a) of the Housing and Planning Act 2016 or the requirement to give such notice is waived under section 108(2)(b) of that Act.

3 In section 146 (duration of moratorium)—

a in the heading, for “Duration” substitute “Ending”;

b omit subsection (1);

c in subsection (2), in the words before paragraph (a), after “moratorium” insert “mentioned in section 145”;

d in subsection (2A), in paragraph (a), for “day on which the notice mentioned in section 145 is given” substitute “relevant day”;

e after subsection (2A) insert—

2B The “relevant day” is—

a in the case of an event mentioned in section 145(2)(a), the day on which notice under section 104(2)(a) of the Housing and Planning Act 2016 is given or on which the requirement to give such notice is waived under section 104(2)(b) of that Act;

b in the case of an event mentioned in section 145(2)(b), the day on which notice under section 105(4)(a) of the Housing and Planning Act 2016 is given or on which the requirement to give such notice is waived under section 105(4)(b) of that Act;

c in the case of an event mentioned in section 145(2)(c), the day on which notice under section 106(3)(a)(i) of the Housing and Planning Act 2016 is given or on which the requirement to give such notice is waived under section 106(3)(a)(ii) of that Act;

d in the case of an event mentioned in section 145(2)(d), the day on which notice under section 107(4)(a)(i) of the Housing and Planning Act 2016 is given or on which the requirement to give such notice is waived under section 107(4)(a)(ii) of that Act;

e in the case of an event mentioned in section 145(2)(e), the day of that event.

;

f in subsection (3), for the words from “period,” to the end substitute

;

g in subsection (5), omit the words from “if” to the end;

h in subsection (9), for “a notice mentioned in section 145 is given” substitute “an event mentioned in section 145(2) occurs”.

4 In section 147 (further moratorium), in subsection (3), for the words from “period,” to the end substitute

5 In section 151 (appointment of interim manager during moratorium), in subsection (4), for paragraph (b) (but not the “or” following it) substitute—

6 In section 153 (procedure for proposals made during moratorium)—

a in subsection (1), after paragraph (b) insert—

;

b after subsection (1) insert—

;

c in subsection (2)—

i for the words before paragraph (a) substitute “Where the regulator locates one or more secured creditors of the registered provider for the purposes of subsection (1), the regulator must, before making proposals, send a copy of draft proposals to—”;

ii for paragraph (b) (but not the “and” following it) substitute—

;

d in subsection (3), in the words before paragraph (a), for the words from “The regulator” to “bringing” substitute “If the regulator sends draft proposals under subsection (2), the regulator must also make arrangements for bringing those”;

e for subsection (4) substitute—

;

f in subsection (5)—

i in the words before paragraph (a) for “Proposals” substitute “Draft proposals”;

ii in paragraph (a), for “proposals were sent” substitute “draft proposals were required to be sent”;

g in subsection (6)(b)—

i for “its” substitute “any”;

ii for “the original” substitute “draft”;

h for subsection (8) substitute—

7 In section 158 (assistance by regulator in connection with proposals), in subsection (1), for “the agreement of proposals” substitute “the regulator deciding whether to exercise the power under section 152 to make proposals and (if proposals are made) the proposals becoming agreed proposals”.

^I13^I164^I25113 Limited liability partnerships¶

Schedule 1 amends Part 2 of the Housing and Regeneration Act 2008 and Chapter 5 of Part 4 of the Housing and Planning Act 2016 to make provision about limited liability partnerships.

^I14^I25214 Insolvency of registered providers¶

Schedule 2 contains amendments to provisions of the Housing and Planning Act 2016 about procedures to be followed on the insolvency of a registered provider.

^I15^I25315 Notification requirements: expansion to profit-making organisations¶

In the Housing and Regeneration Act 2008, in the following provisions omit “non-profit”—

a section 160(1) (arrangements and reconstructions);

b section 161(1) (conversion of registered company to registered society);

c section 163(1) (restructuring of registered society);

d section 165(1) (dissolution of registered society);

e section 169A (change of rules of registered society);

f section 169C (change of articles of registered company).

^I16^I25416 Conversion of company into registered society: continuation of registration¶

In section 161 of the Housing and Regeneration Act 2008 (company: conversion into registered society) omit subsections (4) to (7).

^I17^I25517 Restructuring of registered societies¶

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

2 In section 163 (registered society: restructuring) omit subsections (5) to (8).

3 After section 163 insert—

163A Restructuring of registered societies: registration of successor bodies

1 This section applies where —

a a registered provider notifies the regulator of a resolution passed by the provider for the purposes of section 109 of the Co-operative and Community Benefit Societies Act 2014 (amalgamation of societies);

b a registered provider notifies the regulator of a resolution passed by the provider for the purposes of section 112(1)(b) of that Act (amalgamation of society and company);

c a registered provider notifies the regulator of a resolution passed by the provider for the purposes of section 110 of that Act (transfer of engagements between societies) and the society to which engagements are transferred is not a registered provider;

d a registered provider notifies the regulator of a resolution passed by the provider for the purposes of section 112(1)(c) of that Act (transfer of engagements between society and company) and the company to which engagements are transferred is not a registered provider.

2 When the resolution mentioned in subsection (1) (“the relevant resolution”) takes effect, the regulator must decide whether the successor body is eligible for registration under section 112.

3 “The successor body” means—

a if the relevant resolution is a resolution described in paragraph (a) or (b) of subsection (1), the body created by virtue of that resolution or by virtue of that resolution and other resolutions described in that paragraph, and

b if the relevant resolution is a resolution described in paragraph (c) or (d) of subsection (1), the body to which engagements are transferred by virtue of the resolution.

4 If the successor body is eligible for registration, the regulator must register it and notify it that it has done so.

5 If the successor body is not eligible for registration, the regulator must notify it of that fact.

6 Pending registration, or notification that it is not eligible for registration, the successor body is to be treated as if it were registered and designated as a non-profit organisation.

^I18^I25618 Receipt of transfers of engagements from a registered society¶

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

2 After section 161 insert—

161A Company: receipt of transfer of engagements from registered society

1 This section applies to a registered provider which is a registered company.

2 The registered provider must notify the regulator if a registered society which is not a registered provider passes a resolution under section 112(1)(c) of the Co-operative and Community Benefit Societies Act 2014 transferring its engagements to the registered provider.

3 The Financial Conduct Authority may register the resolution only if the registered society which passed it has confirmed to the Financial Conduct Authority that the regulator has been notified.

3 After section 163A (inserted by section 17) insert—

163B Registered society: receipt of transfer of engagements from another registered society

1 This section applies to a registered provider which is a registered society.

2 The registered provider must notify the regulator if a registered society which is not a registered provider passes a resolution under section 110(1) of the Co-operative and Community Benefit Societies Act 2014 transferring its engagements to the registered provider.

3 The Financial Conduct Authority may register the resolution only if the registered society which passed it has confirmed to the Financial Conduct Authority that the regulator has been notified.

^I19^I25719 Notification of constitutional changes¶

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

2 In section 169A (registered societies: change of rules)—

a in the heading, after “rules” insert “etc”;

b after “society’s rules” insert “, name or registered office”.

3 For section 169B substitute—

169B Charity: change to trusts etc

1 The trustees of a registered charity that is a registered provider must notify the regulator of any change to—

a the trusts of the charity;

b the purposes of the charity (if not falling within paragraph (a));

c the name of the charity entered in the register of charities;

d any number allocated to the charity by the Charity Commission which appears in the register of charities;

e any contact address for the charity which appears in the register of charities.

2 But the duty to notify the regulator of changes to the matters mentioned in paragraphs (a) to (c) does not apply to the trustees of a registered charity that is a registered company.

3 In this section—

“the register of charities” means the register of charities kept under section 29 of the Charities Act 2011;
“trusts”, in relation to a charity, has the same meaning as in the Charities Act 2011 (see section 353 of that Act).

4 After section 169C insert—

^I20^I25820 Notification of change of control¶

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

2 Before section 169D (and the heading immediately before it) insert—

Notification of change of control

169CB Application of rules about notification of change of control

This group of sections does not apply to local authorities.

169CC Change in board members

1 A registered provider must notify the regulator if—

a the board members of the registered provider change (whether as a result of an appointment or removal of a board member or for any other reason), and

b following that change, any of the circumstances described in subsection (2) arise.

2 The circumstances are that—

a the number of board members of the provider has increased by more than 50% since the beginning of the relevant period;

b the number of board members of the provider has decreased by more than 50% since the beginning of the relevant period;

c more than 50% of the board members of the provider are persons who were not board members of the provider at the beginning of the relevant period.

3 For the purposes of this section, the “board members” of a registered provider are—

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

b in the case of a registered society, the members 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, its directors within the meaning given by section 250 of the Companies Act 2006;

d in the case of a limited liability partnership, its members.

4 For the purposes of this section, “the relevant period” is—

a the period of 12 months ending with the day on which the change mentioned in subsection (1)(a) takes effect (“the 12 month period”), or

b if the registered provider was not a registered provider throughout the 12 month period, the period—

i beginning with the day (or, if more than one, the latest day) in the 12 month period on which it became a registered provider, and

ii ending with the day on which the change mentioned in subsection (1)(a) takes effect.

169CD Change in subsidiary status

A registered provider must notify the regulator each time—

a it becomes a subsidiary of a person, or

b it ceases to be a subsidiary of a person.

Standards¶

^I21^I16521 Standards relating to competence and conduct¶

1 After section 194 of the Housing and Regeneration Act 2008 insert—

194A Standards relating to competence and conduct

1 The regulator may set standards for registered providers in matters relating to the competence and conduct of individuals involved in the provision of services in connection with the management of social housing (“relevant individuals”).

2 Standards under subsection (1) may, in particular, require registered providers to comply with specified rules about—

a the knowledge, skills and experience to be required of relevant individuals, and

b the conduct to be expected of relevant individuals in their dealings with tenants.

3 Standards under subsection (1) may require registered providers to secure that their senior housing executives and senior housing managers—

a have a specified qualification in housing management or type of qualification in housing management, or

b are working towards such a qualification or type of qualification.

4 Standards under subsection (1) may require registered providers to take steps to secure that relevant managers of their services providers—

a have a specified qualification in housing management or type of qualification in housing management, or

b are working towards such a qualification or type of qualification.

5 Each of the following is a “relevant manager” of a services provider—

a if the services provider is a relevant individual, that individual;

b a senior housing executive of the services provider;

c a senior housing manager of the services provider.

6 A qualification or type of qualification specified for a senior housing executive may only be—

a a foundation degree, or

b a qualification or type of qualification regulated by the Office of Qualifications and Examinations Regulation which is of a level not exceeding level 5.

7 A qualification or type of qualification specified for a senior housing manager, or for an individual described in subsection (5)(a), may only be a qualification or type of qualification regulated by the Office of Qualifications and Examinations Regulation which is of a level not exceeding level 4.

8 The references in subsections (6) and (7) to the level of a qualification are to the level assigned to a qualification by virtue of general conditions set and published by the Office of Qualifications and Examinations Regulation under section 134 of the Apprenticeships, Skills, Children and Learning Act 2009.

9 Except as provided by subsections (3) to (8), standards under subsection (1) may not require registered providers to comply with rules about the qualifications to be required of relevant individuals.

10 See also section 217A (which makes provision implying terms relating to qualifications into management services agreements).

194B Meaning of “services provider”, “senior housing executive” and “senior housing manager”

1 This section makes provision about the meaning of terms for the purposes of section 194A.

2 “Services provider”, in relation to a registered provider, means a person who, in accordance with an agreement with the registered provider or another person, provides services in connection with the management of social housing provided by the registered provider or arranges for the provision of such services.

3 For the purposes of subsection (2), an agreement does not include a contract of employment or a contract of apprenticeship.

4 “Senior housing executive” of a registered provider means a relevant individual who—

a is an employee or officer of the registered provider,

b has responsibility (solely or jointly) for the day to day management of the provision of services in connection with the management of social housing provided by the registered provider, and

c is part of the registered provider’s senior management.

5 “Senior housing executive” of a services provider in relation to a registered provider means a relevant individual who—

a is—

i an employee of the services provider,

ii an officer of the services provider, or

iii if the services provider is a partnership, a partner in the partnership,

b has responsibility (solely or jointly) for the day to day management of the provision of services in connection with the management of social housing provided by the registered provider, and

c is part of the services provider’s senior management.

6 For the purposes of subsections (4) and (5), an individual is part of a registered provider’s or services provider’s senior management if the individual plays a significant role in—

a the making of decisions about how the whole or a substantial part of the activities of the provider which relate to social housing are to be managed or organised, or

b the management or organisation of the whole or a substantial part of such activities.

7 “Senior housing manager” of a registered provider means a relevant individual who—

a is an employee of the registered provider, and

b is a senior housing and property manager for the registered provider.

8 “Senior housing manager” of a services provider in relation to a registered provider means a relevant individual who—

a is an employee of the services provider,

b is a senior housing and property manager for the services provider, and

c is involved in the provision of services in connection with the management of social housing provided by the registered provider.

9 For the purposes of subsections (7) and (8), whether an individual is a senior housing and property manager is to be determined by reference to the description of the occupation of senior housing and property management published by the Institute for Apprenticeships and Technical Education under section ZA10(5) of the Apprenticeships, Skills, Children and Learning Act 2009.

10 In this section—

“employee” includes a person employed under a contract of apprenticeship;
“relevant individual” has the same meaning as in section 194A.

11 The following Table gives the meaning of “officer” in relation to services providers for the purposes of this section—

Services provider	Meaning of “officer”
Registered charity which is not a registered company	Trustee, secretary or treasurer
Registered society	“Officer” within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014 (including a person co-opted to serve on the society’s committee)
Registered company	“Officer” within the meaning given by section 1173 of the Companies Act 2006
Limited liability partnership	A member of the limited liability partnership.

2 In section 196 of that Act (consultation), after subsection (2) insert—

3 Before setting a standard under section 194A which imposes a requirement described in subsection (4) of that section, the regulator must consult, or ensure that there has been consultation with, each body (if any) which is nominated by the Secretary of State for the purposes of this subsection.

4 The Secretary of State may nominate a body for the purposes of subsection (3) only if the body appears to the Secretary of State to represent the interests of services providers in relation to registered providers (as defined in section 194B(2)).

5 The Secretary of State must notify the regulator of any nomination (or withdrawal of any nomination) made for the purposes of subsection (3).

3 In section 197 of that Act (direction by Secretary of State), after subsection (5) insert—

4 After section 217 of that Act insert—

217A Implied terms of management services agreements relating to qualifications

1 Each management services agreement in relation to social housing of a registered provider, whenever entered into, is to be treated as including the terms set out in subsection (4).

2 In this section, a “management services agreement”, in relation to social housing of a registered provider, means an agreement under which one person (a “services provider”) agrees with another person (the “services recipient”) to provide services in connection with the management of social housing provided by the registered provider or to arrange for the provision of such services.

3 For the purposes of subsection (2)—

a an agreement does not include a contract of employment or a contract of apprenticeship, and

b the services recipient may be the registered provider or another person.

4 The terms are that—

a the services provider must secure that its relevant managers who are involved in the provision of services in connection with the management of social housing to which the agreement relates meet the qualification standard at all times;

b in the event that the services provider does not comply with the term set out in paragraph (a), the services provider will take such action to rectify the non-compliance as is reasonably required by the services recipient;

c the services provider must comply with any reasonable request for information demonstrating whether or not the services provider is complying with the term in paragraph (a) that is made by the registered provider who provides the social housing to which the agreement relates or (if different) the services recipient.

5 A relevant manager of a services provider under a management services agreement “meets the qualification standard” if—

a a standard is in force under section 194A which requires the registered provider who provides the social housing to which the agreement relates to take steps to secure that the manager has, or is working towards, a qualification or type of qualification in housing management, and

b the manager has or (as the case may be) is working towards such a qualification,

or if there is no standard in force under section 194A which imposes a requirement described in paragraph (a).

6 A term of a management services agreement is not binding on the services recipient to the extent it would—

a exclude or restrict the liability of the services provider for breach of a term implied by this section, or

b prevent an obligation under a term implied by this section arising or limiting its extent.

7 In this section “relevant manager”, in relation to a services provider, has the same meaning as it has for the purposes of section 194A (see section 194A(5)).

5 In consequence of the amendment made by subsection (4), in section 192 of that Act—

a in paragraph (d), omit the final “and”;

b at the end of paragraph (e) insert

^I22^I16622 Standards relating to information and transparency¶

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

2 After section 194B (inserted by section 21) insert—

194C Standards relating to information and transparency

1 The regulator may set standards for registered providers in matters relating to the provision of information to their tenants of social housing and to the regulator, including standards requiring information to be published.

2 Standards under subsection (1) may, in particular, require registered providers to comply with specified rules about—

a the provision of information to their tenants of social housing concerning the accommodation, facilities or services provided in connection with social housing, including information concerning—

i their tenants’ rights in connection with those things, and

ii how to make complaints against registered providers,

b monitoring their compliance with standards under this section and sections 193, 194 and 194A and informing the regulator if they have failed, or there is a risk they will fail, to meet any of those standards, and

c the publication of information about—

i the remuneration of their executives, and

ii their income, management costs and other expenditure.

3 For the purposes of subsection (2)(c), an “executive”, in relation to a registered provider, means an individual who is both—

a an officer or employee of the registered provider, and

b responsible for the management of the provider.

3 In section 220 (grounds for giving enforcement notice), in subsection (2), for “193 or 194” substitute “193, 194 or 194C”.

4 In section 227 (grounds for imposition of penalty), in subsection (2), for “193 or 194” substitute “193, 194 or 194C”.

5 In section 237 (grounds for award of compensation), in subsection (2), for “193 or 194” substitute “193, 194 or 194C”.

6 In section 247 (management tender), in subsection (1)(a), for “193 or 194” substitute “193, 194 or 194C”.

7 In section 251 (appointment of manager), in subsection (1)(a), for “193 or 194” substitute “193, 194 or 194C”.

^I23^I16723 Code of practice: standards relating to consumer matters¶

In section 195 of the Housing and Regeneration Act 2008 (code of practice)—

a in subsection (1)(a), omit “under section 194”;

b in subsection (2), omit “under that section”.

^I24^I16824 Direction by Secretary of State¶

In section 197 of the Housing and Regeneration Act 2008 (direction by Secretary of State), after subsection (2) insert—

2A The Secretary of State may direct the regulator—

a to set a standard under section 194A,

b to set a standard under section 194C which relates, in the Secretary of State’s opinion, to the matters in section 194C(2)(a),

c about the content of standards described in paragraph (a) or (b), or

d to have regard to specified objectives when setting those standards.

^I16925 Secretary of State’s duty to give direction about providing information to tenants¶

1 The Secretary of State must give a direction to the Regulator of Social Housing under section 197(2A) of the Housing and Regeneration Act 2008 about setting a standard under section 194C of that Act (standards relating to information and transparency) for the purpose of securing that registered providers of social housing are required to provide their tenants of low cost rental accommodation with information about—

a their tenants’ rights in connection with the low cost rental accommodation and with facilities or services provided in connection with that accommodation, and

b how their tenants can make a complaint against them.

2 The Secretary of State must give the direction before the end of the period of six months beginning with the day on which this Act is passed.

3 In this section—

“low cost rental accommodation” means accommodation which—
1. is low cost rental accommodation (as defined in section 69 of the Housing and Regeneration Act 2008) provided by a registered provider of social housing, and
2. is not low cost home ownership accommodation (as defined in section 70 of that Act);
“tenant”, in relation to low cost rental accommodation, includes other occupiers.

^I25^I25926 Failure to meet standards: exercise of intervention powers¶

Omit sections 198A and 198B of the Housing and Regeneration Act 2008.

^I26^I17027 Performance monitoring¶

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

2 Before section 199 (and the heading immediately before it) insert—

Performance information

198C Directions about performance information

1 The regulator may give directions to registered providers requiring them to collect, process and publish information about their performance in relation to matters covered by standards under sections 193, 194, 194A and 194C.

2 Directions under subsection (1) may, in particular, specify or describe—

a the information that must be collected,

b the period the information must cover,

c the method of collecting, processing and presenting information,

d the form in which information must be presented, and

e what information must be published and when and the manner of publication.

3 A direction—

a may make provision that applies generally or only to specified cases, circumstances or registered providers, and

b may make different provision for different cases, circumstances or registered providers.

4 The regulator must make arrangements for bringing a direction to the attention of every registered provider to which it applies.

5 The regulator may request that a registered provider send to the regulator—

a any information collected by the registered provider pursuant to directions under subsection (1);

b an analysis of that information;

c an explanation of how the information was collected, processed or published.

3 In section 220 (grounds for giving enforcement notice), at the appropriate place insert—

4 In section 227 (grounds for imposition of penalty), at the appropriate place insert—

Monitoring and enforcement¶

^I27^I26028 Surveys¶

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

2 In section 199 (survey)—

a in subsection (3)—

i for “subsection (2)” substitute “this section and in sections 199A to 200,”, and

ii for “of this section” substitute “of the section concerned”;

b omit subsections (4) to (6);

c after subsection (8) insert—

3 After section 199 insert—

199A Survey: power to enter without warrant

1 An authorised person may enter premises at any reasonable time, or times, to carry out a survey under section 199.

2 The power in subsection (1) may only be exercised if an authorised person has given at least 48 hours’ notice of the first exercise of the power—

a to the registered provider, and

b if the premises are occupied, to the occupier (or any one of the occupiers).

3 The requirement to give notice may be waived—

a in the case of notice required by subsection (2)(a), by the registered provider, and

b in the case of notice required by subsection (2)(b), by the occupier (or any one of the occupiers) of the premises.

4 Notice under subsection (2) may state that, if entry to the premises were to be refused, an authorised person would propose to apply for a warrant under section 199B.

5 Notice required by subsection (2)(b) may be given by fixing it to some conspicuous part of the premises.

6 An authorised person who under this section has entered, or who is seeking to enter, premises in order to carry out a survey must produce a copy of the authorisation mentioned in section 199(3) on request by an occupier.

7 An authorised person entering premises to carry out a survey may—

a be accompanied by such other persons, and

b take onto the premises such equipment or materials,

as the authorised person thinks necessary for the purposes of carrying out the survey.

8 Equipment or materials taken onto premises by virtue of subsection (7) may be left in a place on the premises until the survey has been carried out provided that—

a leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or

b leaving the equipment or the materials on the premises is necessary for the purposes of carrying out the survey and it is not possible to leave it or them in a place that does not significantly impair the ability of an occupier to use the premises.

9 Where the premises include common parts of a building, references in subsection (8) to the ability of an occupier to use the premises include the ability of an occupier of a dwelling that has use of the common parts to use those parts or the dwelling.

10 In this section, “common parts”, in relation to a building, includes the structure and exterior of that building and any common facilities provided (whether or not in the building) for persons who occupy the building.

199B Survey: power to enter with warrant

1 This section applies where a justice of the peace is satisfied, on sworn information in writing by an authorised person, that entry to premises specified in the information is reasonably required to carry out a survey under section 199.

2 The justice may issue a warrant authorising the authorised person who is named in it to enter the premises to carry out the survey where the justice is satisfied that—

a entry to the premises has been sought under section 199A but has been refused,

b the premises are unoccupied or that the occupier is temporarily absent, or

c there are reasonable grounds to believe that the authorised person will not be able to obtain entry to the premises without a warrant.

3 A warrant under this section authorises the authorised person to enter the premises at any reasonable time, or times, using reasonable force if necessary.

4 A warrant under this section authorises an authorised person entering premises to take onto the premises such equipment or materials as the authorised person thinks necessary for the purposes of carrying out the survey.

5 Equipment or materials taken onto premises by virtue of subsection (4) may be left in a place on the premises until the survey has been carried out provided that—

a leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or

6 Where the premises include common parts of a building (as defined in section 199A), references in subsection (5) to the ability of an occupier to use the premises include the ability of an occupier of a dwelling that has use of the common parts to use those parts or the dwelling.

7 A warrant under this section may authorise persons (“accompanying persons”) to accompany the authorised person.

8 Accompanying persons—

a have the same powers as the authorised person in respect of execution of the warrant, but

b must exercise those powers only in the company, and under the supervision, of the authorised person.

9 An authorised person who has entered, or who is seeking to enter, premises under a warrant under this section must produce on request by any person—

a a copy of the warrant;

b a copy of the authorisation mentioned in section 199(3).

10 A warrant under this section continues in force until the survey is carried out.

11 If the premises are unoccupied or the occupier is temporarily absent, the authorised person who has entered the premises under a warrant under this section must leave the premises as effectively secured against trespassers as the authorised person found them.

4 In section 200 (survey: supplemental)—

a omit subsection (1);

b omit subsection (3);

c for subsection (4) substitute—

;

d after subsection (4) insert—

^I28^I26129 Inspection plan¶

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

2 After section 201 (inspections) insert—

201A Inspection plan

1 The regulator must make a plan as regards—

a the descriptions of registered provider that should be subject to regular inspection under section 201,

b the intervals at which regular inspections should be carried out under that section, and

c the circumstances in which registered providers should be subject to inspections under that section other than regular inspections.

2 The plan may make different provision for different cases, circumstances or areas.

3 The regulator must take appropriate steps to implement the plan.

4 The regulator must—

a keep the plan under review,

b when appropriate, revise or replace the plan, and

c publish the plan and any revised or replacement plan.

3 In section 215 (use of intervention powers), after subsection (1) insert—

^I29^I26230 Action after inspection¶

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

2 In section 202 (inspections: supplemental), omit subsections (1) to (3).

3 In section 203(12) (definition of “inspector”), after “this section” insert “and section 203A”.

4 After section 203 insert—

203A Action after inspection

1 After an inspection of a registered provider is carried out by an inspector under section 201, the inspector must produce—

a a written summary of the inspector’s findings, and

b a written report about any matters specified by the regulator.

2 The summary and any report must be in the form specified by the regulator.

3 The regulator may specify matters, or the form of a summary or report, for the purposes of inspections generally or for the purposes of a particular inspection or description of inspection.

4 The regulator must give the registered provider a copy of the summary of the inspector’s findings.

5 The regulator must also give the registered provider—

a a copy of the inspector’s report, or

b a notice confirming that no matters were specified for the purposes of subsection (1)(b).

6 The regulator may publish—

a all or part of the summary of the inspector’s findings,

b (where relevant) all or part of the inspector’s report, and

c related information.

^I3031 Performance improvement plans¶

^I2461 The Housing and Regeneration Act 2008 is amended as follows.

^I2462 After section 218 insert—

Performance improvement plans

218A Performance improvement plan notice

1 The regulator may give a registered provider a notice (a “performance improvement plan notice”) if the regulator is satisfied that—

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

b 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, 194A or 194C,

c the registered provider has failed to comply with directions or a request under section 198C,

d the interests of the tenants of social housing of the registered provider require protection, or

e the registered provider has given an undertaking under section 125 and failed to comply with it.

2 A performance improvement plan notice must—

a specify on which of the grounds mentioned in subsection (1) it is given,

b identify the issues which led the regulator to be satisfied of those grounds,

c require the registered provider to prepare and submit to the regulator a plan (a “performance improvement plan”) setting out the action the provider will take to address the issues identified,

d specify the date by which the performance improvement plan must be submitted to the regulator,

e require the registered provider to publish a performance improvement plan if it is approved by the regulator and specify the manner of such publication, and

f explain the effect of subsections (3) and (4) and sections 218B to 218D.

3 The regulator may withdraw a performance improvement plan notice by notice to the registered provider.

4 If a registered provider fails to comply with a performance improvement plan notice the regulator must consider exercising another power under this Chapter or Chapter 6.

218B Performance improvement plans

1 The regulator must—

a approve a performance improvement plan submitted in accordance with section 218A(2)(c) and (d), or

b reject it, giving reasons for doing so.

2 A registered provider must implement in full a performance improvement plan that has been approved by the regulator.

3 If a performance improvement plan is rejected, the registered provider will be taken to have failed to comply with the performance improvement plan notice.

4 If a tenant of social housing of a registered provider makes a written request to the provider for a copy of the provider’s performance improvement plan which has been approved by the regulator, the registered provider must provide the tenant with a copy as soon as reasonably practicable.

218C Cancellation of performance improvement plan

1 The regulator may, by notice to a registered provider, cancel a performance improvement plan which it has approved.

2 Notice under subsection (1) must specify the date (the “cancellation date”) on which the cancellation takes effect (which may be a date before the notice is given).

3 If a performance improvement plan is cancelled in accordance with subsection (1) the duties mentioned in subsection (4) cease to apply (or are treated as having ceased to apply) from the cancellation date. But this does not affect any action taken (or being taken) by the regulator in relation to a breach of such a duty before the cancellation date.

4 The duties are—

a the duty to publish a performance improvement plan which has been approved (see section 218A(2)(e));

b the duty in section 218B(2) (duty to implement a plan);

c the duty in section 218B(4) (duty to provide copy of plan).

218D Appeals

1 A registered provider may appeal to the High Court against a decision of the regulator to give the provider a performance improvement plan notice.

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 notice.

3 The requirement to prepare and submit a performance improvement plan is suspended during the appeal period.

4 The “appeal period” means—

a where an appeal is brought, the period beginning with the day on which the performance improvement plan 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.

5 But where a performance improvement plan has been approved under section 218B an appeal under this section does not suspend—

a the duty to publish a performance improvement plan which has been approved (see section 218A(2)(e));

b the duty in section 218B(2) (duty to implement a plan);

c the duty in section 218B(4) (duty to provide copy of plan).

^I2463 In section 220 (grounds for giving enforcement notice), before subsection (12) (but after the subsection (11C) inserted by section 27) insert—

^I2464 In section 227 (grounds for imposition of a penalty), before subsection (8) (but after the subsection (7C) inserted by section 27) insert—

^I2465 In section 237 (grounds for award of compensation) at the end insert—

^I2466 In section 247 (management tender), in subsection (1), after paragraph (b) insert

7 In section 251 (appointment of manager), in subsection (1), after paragraph (b) insert

^I2468 In section 252A (appointment of advisers to local authority), in subsection (2), at the end of paragraph (e) (inserted by paragraph 10 of Schedule 3) insert

^I31^I26332 Emergency remedial action¶

After section 225 of the Housing and Regeneration Act 2008 insert—

Emergency remedial action

225A Overview

This group of sections gives the regulator power to authorise persons to enter premises to take specified action to remedy specified failures on the part of registered providers.

225B Power to take emergency remedial action

1 If the conditions in subsections (2) to (4) are met, the regulator may arrange for an authorised person to take emergency remedial action in respect of premises.

2 Condition 1 is that a survey of the condition of the premises has been carried out under section 199.

3 Condition 2 is that the regulator is satisfied that—

a the registered provider has failed to maintain the premises in accordance with standards under section 193, and

b that failure has caused an imminent risk of serious harm to the health or safety of the occupiers of those or other premises.

4 Condition 3 is that the registered provider has failed to comply with an enforcement notice requiring it to take action to address the failure mentioned in subsection (3)(a).

5 In this section and in sections 225C to 225G, “emergency remedial action”, in relation to premises, is carrying out such works to the premises as the authorised person considers immediately necessary to remove the imminent risk of serious harm mentioned in subsection (3)(b).

6 In this section and in sections 225C to 225G, “authorised person” means a member of the regulator’s staff, or another person, authorised in writing by the regulator for the purposes of the section concerned.

7 Arrangements for a person other than a member of the regulator’s staff to take emergency remedial action may include provision about payments.

225C Emergency remedial action: power to enter without warrant

1 An authorised person may enter premises at any reasonable time, or times, to take emergency remedial action.

2 The power in subsection (1) may only be exercised if an authorised person has given a pre-entry notice to—

a if the premises are occupied, the occupier (or any one of the occupiers),

b if the premises include common parts of a building and there are occupied dwellings in the building that have use of those common parts, the occupier (or any one of the occupiers) of each of those dwellings,

c the registered provider whose failure to maintain the premises has caused the imminent risk of serious harm, and

d each person registered in the register kept under section 1 of the Land Registration Act 2002 as the proprietor of a registered estate (within the meaning of that Act) in the premises.

3 A pre-entry notice required by subsection (2) need only be given once in respect of emergency remedial action in relation to premises, even if an authorised person enters the premises on more than one occasion in order to take the emergency remedial action.

4 A “pre-entry notice” is a notice which—

a identifies the premises to be entered;

b identifies the failure to maintain the premises which has caused the imminent risk of serious harm;

c states that a person authorised by the regulator intends to enter the premises;

d specifies the date (or the first date) that the authorised person proposes to enter the premises to take emergency remedial action;

e specifies the power under this section as the power under which the authorised person intends to enter the premises;

f explains the effect of section 225H.

5 A pre-entry notice may state that, if entry to the premises were to be refused, an authorised person would propose to apply for a warrant under section 225E.

6 An authorised person may not enter premises in reliance on a pre-entry notice—

a before the date (or the first date) specified in the notice, or

b within 24 hours of giving the notice,

except where the relevant person in respect of the notice consents.

7 In subsection (6), “the relevant person” in respect of the pre-entry notice means—

a in the case of a pre-entry notice required by subsection (2)(a) or (b), the occupier (or any one of the occupiers) of the premises or dwelling;

b in the case of a pre-entry notice required by subsection (2)(c) or (d), the person (or each person) to whom a pre-entry notice is required to be given.

8 In this section, “common parts”, in relation to a building, includes the structure and exterior of that building and any common facilities provided (whether or not in the building) for persons who occupy the building.

225D Power under section 225C: supplementary

1 A pre-entry notice required by section 225C(2)(a) or (b) may be given by fixing it to some conspicuous part of the premises.

2 A pre-entry notice required by section 225C(2)(d) may be given by sending it to an address supplied for the purpose of service of notice under the Land Registration Act 2002 (see paragraph 5 of Schedule 10 to that Act).

3 An authorised person who under section 225C has entered, or who is seeking to enter, premises to take emergency remedial action must produce a copy of the authorisation mentioned in 225B(6) on request by an occupier.

4 An authorised person entering premises to take emergency remedial action may—

a be accompanied by such other persons, and

b take onto the premises such equipment or materials,

as the authorised person thinks necessary for the purposes of taking the emergency remedial action.

5 Equipment or materials taken onto premises by virtue of subsection (4)(b) may be left in a place on the premises until the emergency remedial action has been taken provided that—

a leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or

b leaving the equipment or the materials on the premises is necessary for the purposes of taking the emergency remedial action and it is not possible to leave it or them in a place that does not significantly impair the ability of an occupier to use the premises.

6 Where the premises include common parts of a building (as defined in section 225C), references in subsection (5) to the ability of an occupier to use the premises include the ability of an occupier of a dwelling that has use of the common parts to use those parts or the dwelling.

225E Emergency remedial action: power to enter with warrant

2 The justice may issue a warrant authorising the authorised person who is named in it to enter the premises to take emergency remedial action where the justice is satisfied that—

a entry to the premises has been sought under section 225C but has been refused,

b the premises are unoccupied or that the occupier is temporarily absent, or

c there are reasonable grounds to believe that the authorised person will not be able to obtain entry to the premises without a warrant.

3 A warrant under this section authorises the authorised person to enter the premises at any reasonable time, or times, using reasonable force if necessary.

5 Equipment or materials taken onto premises by virtue of subsection (4) may be left in a place on the premises until the emergency remedial action has been taken provided that—

a leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or

7 A warrant under this section may authorise persons (“accompanying persons”) to accompany the authorised person.

8 Accompanying persons—

a have the same powers as the authorised person in respect of execution of the warrant, but

b must exercise those powers only in the company, and under the supervision, of the authorised person.

9 An authorised person who has entered, or who is seeking to enter, premises under a warrant under this section must produce on request by any person—

a a copy of the warrant;

b a copy of the authorisation mentioned in 225B(6).

10 A warrant under this section continues in force until the emergency remedial action has been taken.

225F Offences

1 A registered provider, or an officer of a registered provider, commits an offence if the provider or officer obstructs an authorised person—

a in exercising a power under section 225C or 225D, or

b in exercising a power under section 225B, where the authorised person has entered the premises to take emergency remedial action under the power in section 225C.

2 A person commits an offence if the person obstructs an authorised person—

a in exercising a power conferred by a warrant under section 225E, or

b in exercising a power under section 225B, where the authorised person has entered the premises to take emergency remedial action under a warrant under section 225E.

3 A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

4 Proceedings for an offence under this section may be brought only by or with the consent of—

a the regulator, or

b the Director of Public Prosecutions.

225G Reclaiming expenses

1 Where the regulator makes arrangements under section 225B, the regulator may by notice require the registered provider concerned to pay to the regulator—

a such relevant expenses as are specified in the notice;

b interest on those expenses (see subsection (4)).

2 “Relevant expenses” are—

a expenses reasonably incurred by the regulator—

i in deciding whether to make arrangements under section 225B;

ii in making those arrangements;

iii in the authorised person taking emergency remedial action;

b any costs reasonably incurred by the regulator related to the action in paragraph (a)(iii).

3 Sums mentioned in subsection (1)(a) are payable at the end of the period of 28 days beginning with the day on which the notice is given.

4 Interest may be charged on any sums not paid by the end of the period mentioned in subsection (3) at such reasonable rate as the regulator may determine.

225H Appeals

1 A registered provider may appeal to the High Court against—

a a decision of the regulator to make arrangements under section 225B(1);

b a decision of the regulator to give a notice under section 225G(1).

2 An appeal under subsection (1)(a) must be brought within the period of 28 days beginning—

a with the day on which the registered provider is given the pre-entry notice under section 225C(2), or

b with the day on which the premises were first entered under a warrant obtained under section 225E on the grounds in subsection (2)(b) or (c) of that section.

3 An appeal under subsection (1)(b) must be brought within the period of 28 days beginning with the day on which the registered provider is given the notice under section 225G(1).

4 No question may be raised on an appeal under subsection (1)(b) which might have been raised on an appeal under subsection (1)(a).

5 Where an appeal under subsection (1)(b) is brought—

a the requirement to pay the sums described in section 225G(1)(a) is suspended during the period beginning with the day on which the notice under section 225G(1) is given and ending with the day on which the appeal is finally determined or withdrawn, and

b no interest is payable by virtue of section 225G(1)(b) in respect of that period.

^I32^I17133 Extension of powers to charities who have not received public assistance¶

In the Housing and Regeneration Act 2008 omit—

a section 209(1) (inquiries);

b section 256(7) (orders restricting dealings during inquiry);

c section 257(5) (orders restricting dealings following inquiry);

d section 259(5) (orders suspending officers etc during inquiry);

e section 260(4) (orders removing or suspending officers etc following inquiry);

f section 267(2) (orders removing officers);

g section 269(6)(a), including the final “and” (orders appointing new officers).

^I33^I17234 Notification of Charity Commission of exercise of enforcement powers¶

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

2 In section 256 (restrictions on dealings during inquiry), after subsection (6) insert—

3 In section 257 (restrictions on dealings following inquiry), after subsection (4) insert—

4 In section 267 (supplemental provision about removal of officers), after subsection (1A) (inserted by paragraph 17 of Schedule 4) insert—

5 In section 269 (appointment of new officers), in subsection (6)(b), for “consulted the Charity Commission” substitute “notified the Charity Commission of its intention to do so”.

^I34^I17335 Exercise of powers: land with a Crown or Duchy interest¶

Before section 277 of the Housing and Regeneration Act 2008 (but after the heading before that section) insert—

276A Exercise of powers: land with a Crown or Duchy interest

1 The powers in Chapters 6 and 7 are exercisable in relation to premises which are on land in which there is a Crown interest or a Duchy interest.

2 A “Crown interest” means—

a an interest belonging to His Majesty in right of the Crown, or

b an interest belonging to a government department or held in trust for His Majesty for the purposes of a government department.

3 A “Duchy interest” means an interest belonging to His Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall.

^I35^I174^I26436 Regulatory and enforcement powers: further amendments¶

Schedule 3 makes further amendments to the regulatory and enforcement powers of the Regulator of Social Housing.

Meaning of “subsidiary”¶

^I37^I26538 Meaning of “subsidiary”¶

1 In section 271 of the Housing and Regeneration Act 2008 (meaning of subsidiary and associate), for subsections (1) to (5) substitute—

2 For the purposes of section 74 of the Housing and Regeneration Act 2008, the amendment in subsection (1) applies in relation to leases granted on or after 10 June 2022.

Appeals¶

^I38^I17639 Appeals¶

Schedule 4 makes provision about appeals under the Housing and Regeneration Act 2008.

Housing ombudsman¶

^I17740 Housing ombudsman scheme¶

1 Schedule 2 to the Housing Act 1996 (social rented sector: housing complaints) is amended as follows.

2 In paragraph 2, in sub-paragraph (1), after item 11 insert—

11A A power of the housing ombudsman to issue a code of practice about the procedures members of the scheme should have in place for considering complaints against them.

11B A duty of the housing ombudsman to consult—

a the Regulator of Social Housing,

b members of the scheme, and

c individuals who may make complaints under the scheme,

before issuing, revising or replacing any such code.

11C A duty of the housing ombudsman to monitor compliance with a code of practice described in item 11A that it has issued.

3 In paragraph 2, in sub-paragraph (1), in item 15, for “expenses of the scheme” substitute “costs of the person administering the scheme and the scheme’s housing ombudsman”.

4 In paragraph 7, after sub-paragraph (2) insert—

5 In paragraph 11—

a after sub-paragraph (1) insert—

;

b in sub-paragraph (1B), for “expenses”, in both places, substitute “costs”;

c in sub-paragraph (1C)—

i for “expenses”, in the first place it occurs, substitute “costs”;

ii for “expenses of the scheme” substitute “costs”.

^I17841 Power of housing ombudsman to issue guidance to scheme members¶

1 The Housing Act 1996 is amended as follows.

2 In the italic heading before section 51, for “complaints” substitute “ombudsman”.

3 After section 51 insert—

51ZA Power of housing ombudsman to issue guidance to scheme members

1 This section applies where a scheme is approved by the Secretary of State under Schedule 2.

2 The housing ombudsman may issue to the members of the scheme guidance as to good practice in the carrying on of housing activities covered by the scheme.

3 Before issuing, revising or replacing guidance under this section, the housing ombudsman must consult—

a the Regulator of Social Housing,

b members of the scheme, and

c individuals who may make complaints under the scheme.

4 If the housing ombudsman issues, revises or replaces guidance under this section, the housing ombudsman must publish the guidance, the revised guidance or (as the case may be) the replacement guidance.

5 Subsection (7) applies if—

a an individual makes a complaint against a member of the scheme,

b the complaint is made under the scheme or the conditions in subsection (6) are met in relation to the complaint, and

c it appears to the housing ombudsman that the complaint relates to a matter to which guidance issued by the ombudsman under this section relates.

6 The conditions referred to in subsection (5)(b) are that—

a the complaint is made to the member of the scheme,

b the complaint is one that the individual could subsequently make under the scheme, and

c the individual has notified the ombudsman about the complaint.

7 The housing ombudsman may order the member of the scheme to—

a assess whether the member’s policies and practices in relation to the matter mentioned in subsection (5)(c) are consistent with the guidance issued by the ombudsman under this section in relation to that matter, and

b within a period specified in the order, submit to the ombudsman a written statement of the results of the assessment.

8 If a member of the scheme fails to comply with an order under subsection (7) within the period specified in the order, the housing ombudsman may order the member to publish in such manner as the ombudsman sees fit a statement that the member has failed to comply with the order.

9 If a member of the scheme fails to comply with an order under subsection (8), the housing ombudsman may—

a take such steps as the ombudsman considers appropriate to publish what the member ought to have published, and

b recover from the member the costs of doing so.

10 In this section, “the housing ombudsman” means the housing ombudsman appointed in accordance with the scheme.

General¶

^I40^I180^I26643 Minor and consequential amendments¶

Schedule 5 contains minor and consequential amendments.

^I4144 Power to make consequential provision¶

1 The Secretary of State may by regulations make provision that is consequential on this Act.

2 Regulations under this section may amend, repeal or revoke provision made by or under an Act passed—

a before this Act, or

b later in the same session of Parliament as this Act.

3 Regulations under this section—

a are to be made by statutory instrument;

b may include different provision for different purposes.

4 A statutory instrument containing (whether alone or with other provision) regulations under this section that amend or repeal provision made by an Act may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

5 Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

^I4245 Extent¶

1 This Act extends to England and Wales only, subject to subsections (2) and (3).

2 Section 44, this section and sections 46 and 47 extend to England and Wales, Scotland and Northern Ireland.

3 An amendment or repeal has the same extent as the provision amended or repealed.

^I4346 Commencement¶

1 The following come into force on the day this Act is passed—

a section 11;

b sections 44 and 45;

c this section;

d section 47.

2 Sections 25, 40 and 41 come into force at the end of the period of two months beginning with the day on which this Act is passed.

3 The other provisions of this Act come into force on such day or days as the Secretary of State may by regulations appoint.

4 The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.

5 The power to make regulations under subsection (4) includes power to make different provision for different purposes.

6 Regulations under this section are to be made by statutory instrument.

^I4447 Short title¶

This Act may be cited as the Social Housing (Regulation) Act 2023.

Schedules

Schedule 1 ¶

Limited liability partnerships

Section 13

Part 1 Amendments of the Housing and Planning Act 2016¶

^I45^I181^I2671 Introductory¶

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

Extension of housing administration regime¶

^I462In section 95 (housing administration orders), in subsection (1), after paragraph (a)(i) insert—

^I473In section 100 (powers of court: meaning of “relevant officer”), in subsection (7), after paragraph (a) insert—

^I48^I1824 Restrictions on insolvency procedures¶

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

^I49^I2685In section 104 (winding-up orders), after subsection (1)(a) insert—

^I50^I2696In section 105 (voluntary winding up), in subsection (1), after paragraph (a), insert—

^I51^I2707In section 106 (ordinary administration orders)—

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

b after that paragraph insert—

^I52^I2718In section 107 (administrator appointments by creditors)—

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

b after that paragraph insert—

^I53^I2729 Interpretation¶

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—

Part 2 Amendments of the Housing and Regeneration Act 2008¶

^I54^I183^I27310 Introductory¶

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

^I55^I27411 Notice of registration or de-registration¶

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

Accounts¶

^I56^I27512

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”.

^I57^I27613

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—

^I58^I27714In 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”.

^I59^I27815

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),”.

^I60^I27916In 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”.

^I61^I24417In section 141 (offences), in subsection (6), omit the words from “not” to the end.

^I62^I28018 Moratorium on disposal of land¶

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

^I63^I28119 Arrangements and reconstructions¶

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”.

^I64^I28220 Meaning of “officer”¶

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

Schedule 2 ¶

Amendments to restrictions on insolvency procedures

Section 14

^I65^I2831 The Housing and Planning Act 2016 is amended as follows.

^I66^I2842 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).

^I67^I2853 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).

^I68^I2864 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).

^I69^I2875 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.

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)”.

^I70^I2886 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—

Schedule 3 ¶

Regulatory and enforcement powers

Section 36

^I71^I184^I2891 The Housing and Regeneration Act 2008 is amended as follows.

^I72^I2902 In section 201 (inspections) omit subsections (2) and (2A).

^I73^I2913 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).

^I74^I2924 In section 226 (overview of provisions on penalties) omit “private”.

^I75^I2935 In section 227 (grounds for imposition of penalty), in subsection (1), omit “private”.

^I76^I2946 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).

^I77^I2957 In section 249 (management transfer), in subsection (1)—

a in paragraph (a), omit “or”;

b at the end of paragraph (b) insert

^I78^I2968 In section 251 (appointment of manager of a private registered provider), in subsection (2), in both places, omit “an individual as”.

^I79^I2979 In section 252 (supplementary provisions about appointment of manager)—

a for subsection (2) substitute—

;

b after subsection (2) insert—

;

c omit subsection (3).

^I80^I29810 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—

^I81^I29911 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

^I82^I30012 In section 255 (amalgamation), in subsection (1)—

a in paragraph (a), omit “or”;

b at the end of paragraph (b) insert

^I83^I30113 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

^I84^I30214 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.”

^I85^I30315 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

;

d after subsection (3) insert—

;

e for subsection (4) substitute—

^I86^I30416 In section 260 (removal or suspension of officer etc following inquiry)—

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

;

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

^I87^I30517 In section 266 (removal of officers)—

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

b after subsection (8) insert—

^I8818 In section 269 (appointment of new officers)—

^I247a in subsection (1), for “non-profit” substitute “private”;

^I247b in subsection (1)(b), omit “or”;

^I247c after subsection (1)(b) insert—

;

^I247d 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.

;

^I239e in subsection (4)(a)—

i leave out “on expiry”;

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

^I89^I30619 In section 269A (local authorities: censure during or following inquiry)—

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

;

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

^I90^I30720 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).”

Schedule 4 ¶

Appeals

Section 39

^I91^I1851 The Housing and Regeneration Act 2008 is amended as follows.

^I92^I1862 In section 115 (profit-making and non-profit organisations), in subsection (9), at the end insert “and notify the body it has done so.”

^I93^I1873 In section 116 (voluntary registration), after subsection (2) insert—

^I94^I1884

1 Section 118 (compulsory de-registration) is amended as follows.

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—

^I95^I1895

1 Section 121 (registration decisions: appeals) is amended as follows.

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—

3 After subsection (1) insert—

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).

^I96^I1906 In section 223 (enforcement notice: appeal)—

a the existing text becomes subsection (1);

b after that subsection insert—

^I97^I1917 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.

^I98^I1928 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.

^I99^I1939 In section 247 (management tender), in subsection (2), after “may” insert “by notice”.

^I100^I19410 In section 248 (management tender: procedure and appeals), after subsection (9) insert—

^I101^I19511 In section 249 (management transfer), in subsection (2), after “may” insert “by notice”.

^I102^I19612 In section 250 (management transfer: procedure and appeals), after subsection (9) insert—

^I103^I19713 In section 251 (appointment of manager), in subsection (2), after “may” insert “by notice to the registered provider”.

^I104^I19814 In section 252 (appointment of manager: procedure and appeals), after subsection (9) insert—

^I105^I19915 In section 259 (suspension of officer etc during inquiry), after subsection (7) insert—

^I106^I20016 In section 260 (removal or suspension of officer etc following inquiry), after subsection (5) insert—

^I107^I20117 In section 267 (removal of officers: supplemental), after subsection (1) insert—

^I108^I20218 In section 268 (removal or suspension of officer etc: appeals)—

a the existing text becomes subsection (1);

b after that subsection insert—

Schedule 5 ¶

Minor and consequential amendments

Section 43

Part 1 Housing and Regeneration Act 2008¶

^I109^I203^I3081 The Housing and Regeneration Act 2008 is amended as set out in paragraphs 2 to 46.

^I110^I2042 In section 60 (structural overview) omit subsection (4).

^I111^I2053 In section 74A (leaving the social housing stock: private providers), in subsection (1), in both places, omit “of social housing”.

^I112^I2064 In section 79 (English bodies), omit subsections (2) to (5).

^I113^I2075 In section 92K (fundamental objectives), in subsections (2)(a) and (3)(d), omit “of social housing”.

^I114^I2086 In section 96 (evidence), in paragraph (d), for “an ombudsman appointed by virtue of section 124” substitute “a housing ombudsman”.

^I115^I2097 In section 112 (eligibility for voluntary registration)—

a for subsection (1) substitute—

;

b omit subsection (5).

^I116^I2108 Omit section 113.

^I117^I2119 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”.

^I118^I21210 In section 114A (local authorities: duty to notify), in subsection (1) omit “in England”.

^I119^I21311 In section 122 (payments to members etc), in subsection (6), for “registered company or registered society” substitute “registered provider”.

^I120^I21412 In section 135 (charity accounts), in subsection (1), omit “non-profit”.

^I121^I30913 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”.

^I122^I31014 Before section 169A (but after the heading before that section) insert—

^I123^I31115 In section 169D (directions about notifications)—

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

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

^I12416 In section 192 (overview of Chapter 6)—

^I323a in paragraph (a), for “to 198B” substitute “to 198”;

^I240b in paragraph (b), for “to 210” substitute “to 210A”;

^I240c in paragraph (d) omit “about the submission of information and opinions relating to registered providers and”.

^I125^I21517 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—

;

d omit subsection (3).

^I126^I21618 In section 194 (standards relating to economic matters), omit subsection (3).

^I127^I21719 In section 197 (direction by Secretary of State), in subsection (2)(a), after “quality” insert “, safety or energy efficiency”.

^I128^I21820 In section 198 (supplemental provisions about standards), after subsection (5) insert—

^I129^I31221 In section 203(3) (inspector’s powers), for “107(3) to (7)” substitute “107(2A) to (4) and (5) to (7)”.

^I130^I31322 In section 208(4) (inquirer’s powers), for “107(3) to (7)” substitute “107(2A) to (4) and (5) to (7)”.

^I13123 In section 215 (guidance about use of intervention powers) omit—

^I241a subsection (1)(a) (including the final “and”);

^I241b subsection (2);

^I324c subsection (2A).

^I132^I21924 In section 216 (consultation), in paragraph (b), at the end insert “of social housing”.

^I133^I22025 In section 217 (accreditation)—

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

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

^I134^I31426 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—

;

c omit subsections (3) and (4).

^I135^I22127 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).

^I136^I22228 In section 227 (grounds for imposition of a penalty), omit subsection (7A).

^I137^I22329 In section 237 (grounds for award of compensation), omit subsection (4).

^I138^I22430 In section 239 (housing ombudsman compensation), in subsection (1), for “an ombudsman appointed by virtue of section 124” substitute “a housing ombudsman”.

^I139^I22531 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”.

^I140^I22632 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”).

^I141^I22733 In section 251 (grounds for appointing manager), in subsection (1), omit paragraph (aa) (including the final “or”).

^I142^I31534 In section 256 (restrictions on dealings during an inquiry), in subsection (2), for “has reasonable grounds for believing” substitute “is satisfied”.

^I143^I22835 In section 258 (restrictions on dealings: supplemental), in subsection (3), omit the words from “not” to the end.

^I144^I31636 In the heading immediately before section 259, omit “non-profit”.

^I145^I31737 In section 259 (suspension during inquiry), in subsection (2), for “has reasonable grounds for believing” substitute “is satisfied”.

^I146^I22938 In section 264 (offence of acting as an officer while disqualified), in subsection (2)(a), omit “not exceeding the statutory maximum”.

^I147^I31839 In section 269 (appointment of new officers), in subsection (1)(c), for “thinks” substitute “is satisfied”.

^I148^I31940 In section 269A (local authorities: censure during or following inquiry), in subsection (2), for “has reasonable grounds for believing” substitute “is satisfied”.

^I149^I23041 Omit section 274 (definition of charities that have “received public assistance”).

^I150^I23142 In section 275 (general), for the definition of “local authority” substitute—

“local authority” means—
1. the council of a county in England,
2. a district council,
3. a London borough council,
4. the Common Council of the City of London, or
5. the Council of the Isles of Scilly;

^I15143 In section 276 (index of defined terms)—

^I325a after the entry for “The HCA” insert—

;

^I325b after the entry relating to “penalty notice” insert—

;

^I242c omit the entry relating to “received public assistance (charities)”.

^I152^I23244 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).

^I153^I23345 In section 278A (power to nominate bodies for consultation purposes), in subsection (1), omit paragraph (b).

^I154^I32046 In section 320 (orders and regulations), in subsection (7)(a), for “, 122 and 229” substitute “and 122”.

Part 2 Other Acts¶

^I15547 In Schedule 17 to the Localism Act 2011 (regulation of social housing) omit—

^I243a paragraph 6;

^I326b paragraph 15(4);

^I326c paragraph 17.

^I156^I23448 Omit section 30 of the Welfare Reform and Work Act 2016.

^I157^I23549

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

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.

Footnotes

I1
S. 1 not in force at Royal Assent, see s. 46(3)
I2
S. 2 not in force at Royal Assent, see s. 46(3)
I3
S. 3 not in force at Royal Assent, see s. 46(3)
I4
S. 4 not in force at Royal Assent, see s. 46(3)
I5
S. 5 not in force at Royal Assent, see s. 46(3)
I6
S. 6 not in force at Royal Assent, see s. 46(3)
I7
S. 7 not in force at Royal Assent, see s. 46(3)
I8
S. 8 not in force at Royal Assent, see s. 46(3)
I9
S. 9 not in force at Royal Assent, see s. 46(3)
I10
S. 10 not in force at Royal Assent, see s. 46(3)
I11
S. 11 in force at Royal Assent, see s. 46(1)(a)
I12
S. 12 not in force at Royal Assent, see s. 46(3)
I13
S. 13 not in force at Royal Assent, see s. 46(3)
I14
S. 14 not in force at Royal Assent, see s. 46(3)
I15
S. 15 not in force at Royal Assent, see s. 46(3)
I16
S. 16 not in force at Royal Assent, see s. 46(3)
I17
S. 17 not in force at Royal Assent, see s. 46(3)
I18
S. 18 not in force at Royal Assent, see s. 46(3)
I19
S. 19 not in force at Royal Assent, see s. 46(3)
I20
S. 20 not in force at Royal Assent, see s. 46(3)
I21
S. 21 not in force at Royal Assent, see s. 46(3)
I22
S. 22 not in force at Royal Assent, see s. 46(3)
I23
S. 23 not in force at Royal Assent, see s. 46(3)
I24
S. 24 not in force at Royal Assent, see s. 46(3)
I25
S. 26 not in force at Royal Assent, see s. 46(3)
I26
S. 27 not in force at Royal Assent, see s. 46(3)
I27
S. 28 not in force at Royal Assent, see s. 46(3)
I28
S. 29 not in force at Royal Assent, see s. 46(3)
I29
S. 30 not in force at Royal Assent, see s. 46(3)
I30
S. 31 not in force at Royal Assent, see s. 46(3)
I31
S. 32 not in force at Royal Assent, see s. 46(3)
I32
S. 33 not in force at Royal Assent, see s. 46(3)
I33
S. 34 not in force at Royal Assent, see s. 46(3)
I34
S. 35 not in force at Royal Assent, see s. 46(3)
I35
S. 36 not in force at Royal Assent, see s. 46(3)
I36
S. 37 not in force at Royal Assent, see s. 46(3)
I37
S. 38 not in force at Royal Assent, see s. 46(3)
I38
S. 39 not in force at Royal Assent, see s. 46(3)
I39
S. 42 not in force at Royal Assent, see s. 46(3)
I40
S. 43 not in force at Royal Assent, see s. 46(3)
I41
S. 44 in force at Royal Assent, see s. 46(1)(b)
I42
S. 45 in force at Royal Assent, see s. 46(1)(b)
I43
S. 46 in force at Royal Assent, see s. 46(1)(c)
I44
S. 47 in force at Royal Assent, see s. 46(1)(d)
I45
Sch. 1 para. 1 not in force at Royal Assent, see s. 46(3)
I46
Sch. 1 para. 2 not in force at Royal Assent, see s. 46(3)
I47
Sch. 1 para. 3 not in force at Royal Assent, see s. 46(3)
I48
Sch. 1 para. 4 not in force at Royal Assent, see s. 46(3)
I49
Sch. 1 para. 5 not in force at Royal Assent, see s. 46(3)
I50
Sch. 1 para. 6 not in force at Royal Assent, see s. 46(3)
I51
Sch. 1 para. 7 not in force at Royal Assent, see s. 46(3)
I52
Sch. 1 para. 8 not in force at Royal Assent, see s. 46(3)
I53
Sch. 1 para. 9 not in force at Royal Assent, see s. 46(3)
I54
Sch. 1 para. 10 not in force at Royal Assent, see s. 46(3)
I55
Sch. 1 para. 11 not in force at Royal Assent, see s. 46(3)
I56
Sch. 1 para. 12 not in force at Royal Assent, see s. 46(3)
I57
Sch. 1 para. 13 not in force at Royal Assent, see s. 46(3)
I58
Sch. 1 para. 14 not in force at Royal Assent, see s. 46(3)
I59
Sch. 1 para. 15 not in force at Royal Assent, see s. 46(3)
I60
Sch. 1 para. 16 not in force at Royal Assent, see s. 46(3)
I61
Sch. 1 para. 17 not in force at Royal Assent, see s. 46(3)
I62
Sch. 1 para. 18 not in force at Royal Assent, see s. 46(3)
I63
Sch. 1 para. 19 not in force at Royal Assent, see s. 46(3)
I64
Sch. 1 para. 20 not in force at Royal Assent, see s. 46(3)
I65
Sch. 2 para. 1 not in force at Royal Assent, see s. 46(3)
I66
Sch. 2 para. 2 not in force at Royal Assent, see s. 46(3)
I67
Sch. 2 para. 3 not in force at Royal Assent, see s. 46(3)
I68
Sch. 2 para. 4 not in force at Royal Assent, see s. 46(3)
I69
Sch. 2 para. 5 not in force at Royal Assent, see s. 46(3)
I70
Sch. 2 para. 6 not in force at Royal Assent, see s. 46(3)
I71
Sch. 3 para. 1 not in force at Royal Assent, see s. 46(3)
I72
Sch. 3 para. 2 not in force at Royal Assent, see s. 46(3)
I73
Sch. 3 para. 3 not in force at Royal Assent, see s. 46(3)
I74
Sch. 3 para. 4 not in force at Royal Assent, see s. 46(3)
I75
Sch. 3 para. 5 not in force at Royal Assent, see s. 46(3)
I76
Sch. 3 para. 6 not in force at Royal Assent, see s. 46(3)
I77
Sch. 3 para. 7 not in force at Royal Assent, see s. 46(3)
I78
Sch. 3 para. 8 not in force at Royal Assent, see s. 46(3)
I79
Sch. 3 para. 9 not in force at Royal Assent, see s. 46(3)
I80
Sch. 3 para. 10 not in force at Royal Assent, see s. 46(3)
I81
Sch. 3 para. 11 not in force at Royal Assent, see s. 46(3)
I82
Sch. 3 para. 12 not in force at Royal Assent, see s. 46(3)
I83
Sch. 3 para. 13 not in force at Royal Assent, see s. 46(3)
I84
Sch. 3 para. 14 not in force at Royal Assent, see s. 46(3)
I85
Sch. 3 para. 15 not in force at Royal Assent, see s. 46(3)
I86
Sch. 3 para. 16 not in force at Royal Assent, see s. 46(3)
I87
Sch. 3 para. 17 not in force at Royal Assent, see s. 46(3)
I88
Sch. 3 para. 18 not in force at Royal Assent, see s. 46(3)
I89
Sch. 3 para. 19 not in force at Royal Assent, see s. 46(3)
I90
Sch. 3 para. 20 not in force at Royal Assent, see s. 46(3)
I91
Sch. 4 para. 1 not in force at Royal Assent, see s. 46(3)
I92
Sch. 4 para. 2 not in force at Royal Assent, see s. 46(3)
I93
Sch. 4 para. 3 not in force at Royal Assent, see s. 46(3)
I94
Sch. 4 para. 4 not in force at Royal Assent, see s. 46(3)
I95
Sch. 4 para. 5 not in force at Royal Assent, see s. 46(3)
I96
Sch. 4 para. 6 not in force at Royal Assent, see s. 46(3)
I97
Sch. 4 para. 7 not in force at Royal Assent, see s. 46(3)
I98
Sch. 4 para. 8 not in force at Royal Assent, see s. 46(3)
I99
Sch. 4 para. 9 not in force at Royal Assent, see s. 46(3)
I100
Sch. 4 para. 10 not in force at Royal Assent, see s. 46(3)
I101
Sch. 4 para. 11 not in force at Royal Assent, see s. 46(3)
I102
Sch. 4 para. 12 not in force at Royal Assent, see s. 46(3)
I103
Sch. 4 para. 13 not in force at Royal Assent, see s. 46(3)
I104
Sch. 4 para. 14 not in force at Royal Assent, see s. 46(3)
I105
Sch. 4 para. 15 not in force at Royal Assent, see s. 46(3)
I106
Sch. 4 para. 16 not in force at Royal Assent, see s. 46(3)
I107
Sch. 4 para. 17 not in force at Royal Assent, see s. 46(3)
I108
Sch. 4 para. 18 not in force at Royal Assent, see s. 46(3)
I109
Sch. 5 para. 1 not in force at Royal Assent, see s. 46(3)
I110
Sch. 5 para. 2 not in force at Royal Assent, see s. 46(3)
I111
Sch. 5 para. 3 not in force at Royal Assent, see s. 46(3)
I112
Sch. 5 para. 4 not in force at Royal Assent, see s. 46(3)
I113
Sch. 5 para. 5 not in force at Royal Assent, see s. 46(3)
I114
Sch. 5 para. 6 not in force at Royal Assent, see s. 46(3)
I115
Sch. 5 para. 7 not in force at Royal Assent, see s. 46(3)
I116
Sch. 5 para. 8 not in force at Royal Assent, see s. 46(3)
I117
Sch. 5 para. 9 not in force at Royal Assent, see s. 46(3)
I118
Sch. 5 para. 10 not in force at Royal Assent, see s. 46(3)
I119
Sch. 5 para. 11 not in force at Royal Assent, see s. 46(3)
I120
Sch. 5 para. 12 not in force at Royal Assent, see s. 46(3)
I121
Sch. 5 para. 13 not in force at Royal Assent, see s. 46(3)
I122
Sch. 5 para. 14 not in force at Royal Assent, see s. 46(3)
I123
Sch. 5 para. 15 not in force at Royal Assent, see s. 46(3)
I124
Sch. 5 para. 16 not in force at Royal Assent, see s. 46(3)
I125
Sch. 5 para. 17 not in force at Royal Assent, see s. 46(3)
I126
Sch. 5 para. 18 not in force at Royal Assent, see s. 46(3)
I127
Sch. 5 para. 19 not in force at Royal Assent, see s. 46(3)
I128
Sch. 5 para. 20 not in force at Royal Assent, see s. 46(3)
I129
Sch. 5 para. 21 not in force at Royal Assent, see s. 46(3)
I130
Sch. 5 para. 22 not in force at Royal Assent, see s. 46(3)
I131
Sch. 5 para. 23 not in force at Royal Assent, see s. 46(3)
I132
Sch. 5 para. 24 not in force at Royal Assent, see s. 46(3)
I133
Sch. 5 para. 25 not in force at Royal Assent, see s. 46(3)
I134
Sch. 5 para. 26 not in force at Royal Assent, see s. 46(3)
I135
Sch. 5 para. 27 not in force at Royal Assent, see s. 46(3)
I136
Sch. 5 para. 28 not in force at Royal Assent, see s. 46(3)
I137
Sch. 5 para. 29 not in force at Royal Assent, see s. 46(3)
I138
Sch. 5 para. 30 not in force at Royal Assent, see s. 46(3)
I139
Sch. 5 para. 31 not in force at Royal Assent, see s. 46(3)
I140
Sch. 5 para. 32 not in force at Royal Assent, see s. 46(3)
I141
Sch. 5 para. 33 not in force at Royal Assent, see s. 46(3)
I142
Sch. 5 para. 34 not in force at Royal Assent, see s. 46(3)
I143
Sch. 5 para. 35 not in force at Royal Assent, see s. 46(3)
I144
Sch. 5 para. 36 not in force at Royal Assent, see s. 46(3)
I145
Sch. 5 para. 37 not in force at Royal Assent, see s. 46(3)
I146
Sch. 5 para. 38 not in force at Royal Assent, see s. 46(3)
I147
Sch. 5 para. 39 not in force at Royal Assent, see s. 46(3)
I148
Sch. 5 para. 40 not in force at Royal Assent, see s. 46(3)
I149
Sch. 5 para. 41 not in force at Royal Assent, see s. 46(3)
I150
Sch. 5 para. 42 not in force at Royal Assent, see s. 46(3)
I151
Sch. 5 para. 43 not in force at Royal Assent, see s. 46(3)
I152
Sch. 5 para. 44 not in force at Royal Assent, see s. 46(3)
I153
Sch. 5 para. 45 not in force at Royal Assent, see s. 46(3)
I154
Sch. 5 para. 46 not in force at Royal Assent, see s. 46(3)
I155
Sch. 5 para. 47 not in force at Royal Assent, see s. 46(3)
I156
Sch. 5 para. 48 not in force at Royal Assent, see s. 46(3)
I157
Sch. 5 para. 49 not in force at Royal Assent, see s. 46(3)
I158
S. 1 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(a)
I159
S. 2 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(b)
I160
S. 5 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(d)
I161
S. 6 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(e)
I162
S. 7 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(f)
I163
S. 9 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(g)
I164
S. 13 in force at 20.9.2023 for specified purposes by S.I. 2023/1001, reg. 2(h)
I165
S. 21 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(i)
I166
S. 22 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(j)
I167
S. 23 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(k)
I168
S. 24 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(l)
I169
S. 25 in force at 20.9.2023, see s. 46(2)
I170
S. 27 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(m)
I171
S. 33 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(n)
I172
S. 34 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(o)
I173
S. 35 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(p)
I174
S. 36 in force at 20.9.2023 for specified purposes by S.I. 2023/1001, reg. 2(q)
I175
S. 37 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(r)
I176
S. 39 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(s)
I177
S. 40 in force at 20.9.2023, see s. 46(2)
I178
S. 41 in force at 20.9.2023, see s. 46(2)
I179
S. 42 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(t)
I180
S. 43 in force at 20.9.2023 for specified purposes by S.I. 2023/1001, reg. 2(u)
I181
Sch. 1 para. 1 in force at 20.9.2023 for specified purposes by S.I. 2023/1001, reg. 2(i)(v)
I182
Sch. 1 para. 4 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(ii)(v)
I183
Sch. 1 para. 10 in force at 20.9.2023 for specified purposes by S.I. 2023/1001, reg. 2(iii)(v)
I184
Sch. 3 para. 1 in force at 20.9.2023 for specified purposes by S.I. 2023/1001, reg. 2(w)(i)
I185
Sch. 4 para. 1 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)
I186
Sch. 4 para. 2 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)
I187
Sch. 4 para. 3 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)
I188
Sch. 4 para. 4 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)
I189
Sch. 4 para. 5 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)
I190
Sch. 4 para. 6 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)
I191
Sch. 4 para. 7 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)
I192
Sch. 4 para. 8 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)
I193
Sch. 4 para. 9 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)
I194
Sch. 4 para. 10 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)
I195
Sch. 4 para. 11 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)
I196
Sch. 4 para. 12 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)
I197
Sch. 4 para. 13 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)
I198
Sch. 4 para. 14 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)
I199
Sch. 4 para. 15 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)
I200
Sch. 4 para. 16 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)
I201
Sch. 4 para. 17 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)
I202
Sch. 4 para. 18 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(x)
I203
Sch. 5 para. 1 in force at 20.9.2023 for specified purposes by S.I. 2023/1001, reg. 2(y)(i)
I204
Sch. 5 para. 2 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(ii)
I205
Sch. 5 para. 3 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(ii)
I206
Sch. 5 para. 4 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(ii)
I207
Sch. 5 para. 5 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(ii)
I208
Sch. 5 para. 6 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(ii)
I209
Sch. 5 para. 7 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(ii)
I210
Sch. 5 para. 8 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(ii)
I211
Sch. 5 para. 9 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(ii)
I212
Sch. 5 para. 10 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(ii)
I213
Sch. 5 para. 11 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(ii)
I214
Sch. 5 para. 12 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(ii)
I215
Sch. 5 para. 17 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(iv)
I216
Sch. 5 para. 18 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(iv)
I217
Sch. 5 para. 19 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(iv)
I218
Sch. 5 para. 20 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(iv)
I219
Sch. 5 para. 24 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(vi)
I220
Sch. 5 para. 25 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(vii)
I221
Sch. 5 para. 27 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(viii) (with reg. 3)
I222
Sch. 5 para. 28 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(viii) (with reg. 3)
I223
Sch. 5 para. 29 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(viii) (with reg. 3)
I224
Sch. 5 para. 30 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(viii)
I225
Sch. 5 para. 31 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(viii)
I226
Sch. 5 para. 32 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(viii) (with reg. 3)
I227
Sch. 5 para. 33 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(viii) (with reg. 3)
I228
Sch. 5 para. 35 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(ix)
I229
Sch. 5 para. 38 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(x)
I230
Sch. 5 para. 41 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(xi)
I231
Sch. 5 para. 42 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(xii)
I232
Sch. 5 para. 44 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(xiv)
I233
Sch. 5 para. 45 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(xv)
I234
Sch. 5 para. 48 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(xvii)
I235
Sch. 5 para. 49 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(xviii)
I236
S. 3(1) in force at 20.9.2023 for specified purposes by S.I. 2023/1001, reg. 2(c)(i)
I237
S. 3(3) in force at 20.9.2023 for specified purposes by S.I. 2023/1001, reg. 2(c)(ii)(aa)
I238
S. 3(3)(c)(d)(ii) in force at 20.9.2023 by S.I. 2023/1001, reg. 2(c)(ii)(bb)
I239
Sch. 3 para. 18(e) in force at 20.9.2023 by S.I. 2023/1001, reg. 2(w)(ii)
I240
Sch. 5 para. 16(b)(c) in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(iii)
I241
Sch. 5 para. 23(a)(b) in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(v)
I242
Sch. 5 para. 43(c) in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(xiii)
I243
Sch. 5 para. 47(a) in force at 20.9.2023 by S.I. 2023/1001, reg. 2(y)(xvi)
I244
Sch. 1 para. 17 in force at 20.9.2023 by S.I. 2023/1001, reg. 2(iv)(v)
I245
S. 10(1)-(5)(7)(8) in force at 1.4.2024 by S.I. 2024/437, reg. 2(d)
I246
S. 31(1)-(6)(8) in force at 1.4.2024 by S.I. 2024/437, reg. 2(r)
I247
Sch. 3 paras. 18(a)-(d) in force at 1.4.2024 by S.I. 2024/437, reg. 2(y)
I248
S. 4 in force at 1.4.2024 by S.I. 2024/437, reg. 2(b) (with reg. 3)
I249
S. 8 in force at 1.4.2024 by S.I. 2024/437, reg. 2(c)
I250
S. 12 in force at 1.4.2024 by S.I. 2024/437, reg. 2(e) (with reg. 4)
I251
S. 13 in force at 1.4.2024 for specified purposes by S.I. 2024/437, reg. 2(f)
I252
S. 14 in force at 1.4.2024 by S.I. 2024/437, reg. 2(g)
I253
S. 15 in force at 1.4.2024 by S.I. 2024/437, reg. 2(h)
I254
S. 16 in force at 1.4.2024 by S.I. 2024/437, reg. 2(i)
I255
S. 17 in force at 1.4.2024 by S.I. 2024/437, reg. 2(j)
I256
S. 18 in force at 1.4.2024 by S.I. 2024/437, reg. 2(k)
I257
S. 19 in force at 1.4.2024 by S.I. 2024/437, reg. 2(l)
I258
S. 20 in force at 1.4.2024 by S.I. 2024/437, reg. 2(m)
I259
S. 26 in force at 1.4.2024 by S.I. 2024/437, reg. 2(n)
I260
S. 28 in force at 1.4.2024 by S.I. 2024/437, reg. 2(o)
I261
S. 29 in force at 1.4.2024 by S.I. 2024/437, reg. 2(p)
I262
S. 30 in force at 1.4.2024 by S.I. 2024/437, reg. 2(q)
I263
S. 32 in force at 1.4.2024 by S.I. 2024/437, reg. 2(s)
I264
S. 36 in force at 1.4.2024 in so far as not already in force by S.I. 2024/437, reg. 2(t)
I265
S. 38 in force at 1.4.2024 by S.I. 2024/437, reg. 2(u)
I266
S. 43 in force at 1.4.2024 in so far as not already in force by S.I. 2024/437, reg. 2(v)
I267
Sch. 1 para. 1 in force at 1.4.2024 for specified purposes by S.I. 2024/437, reg. 2(w)(i)
I268
Sch. 1 para. 5 in force at 1.4.2024 by S.I. 2024/437, reg. 2(w)(ii)
I269
Sch. 1 para. 6 in force at 1.4.2024 by S.I. 2024/437, reg. 2(w)(ii)
I270
Sch. 1 para. 7 in force at 1.4.2024 by S.I. 2024/437, reg. 2(w)(ii)
I271
Sch. 1 para. 8 in force at 1.4.2024 by S.I. 2024/437, reg. 2(w)(ii)
I272
Sch. 1 para. 9 in force at 1.4.2024 by S.I. 2024/437, reg. 2(w)(ii)
I273
Sch. 1 para. 10 in force at 1.4.2024 in so far as not already in force by S.I. 2024/437, reg. 2(w)(iii)
I274
Sch. 1 para. 11 in force at 1.4.2024 by S.I. 2024/437, reg. 2(w)(iii)
I275
Sch. 1 para. 12 in force at 1.4.2024 by S.I. 2024/437, reg. 2(w)(iii)
I276
Sch. 1 para. 13 in force at 1.4.2024 by S.I. 2024/437, reg. 2(w)(iii)
I277
Sch. 1 para. 14 in force at 1.4.2024 by S.I. 2024/437, reg. 2(w)(iii)
I278
Sch. 1 para. 15 in force at 1.4.2024 by S.I. 2024/437, reg. 2(w)(iii)
I279
Sch. 1 para. 16 in force at 1.4.2024 by S.I. 2024/437, reg. 2(w)(iii)
I280
Sch. 1 para. 18 in force at 1.4.2024 by S.I. 2024/437, reg. 2(w)(iii)
I281
Sch. 1 para. 19 in force at 1.4.2024 by S.I. 2024/437, reg. 2(w)(iii)
I282
Sch. 1 para. 20 in force at 1.4.2024 by S.I. 2024/437, reg. 2(w)(iii)
I283
Sch. 2 para. 1 in force at 1.4.2024 by S.I. 2024/437, reg. 2(x)
I284
Sch. 2 para. 2 in force at 1.4.2024 by S.I. 2024/437, reg. 2(x)
I285
Sch. 2 para. 3 in force at 1.4.2024 by S.I. 2024/437, reg. 2(x)
I286
Sch. 2 para. 4 in force at 1.4.2024 by S.I. 2024/437, reg. 2(x)
I287
Sch. 2 para. 5 in force at 1.4.2024 by S.I. 2024/437, reg. 2(x)
I288
Sch. 2 para. 6 in force at 1.4.2024 by S.I. 2024/437, reg. 2(x)
I289
Sch. 3 para. 1 in force at 1.4.2024 in so far as not already in force by S.I. 2024/437, reg. 2(y)
I290
Sch. 3 para. 2 in force at 1.4.2024 by S.I. 2024/437, reg. 2(y)
I291
Sch. 3 para. 3 in force at 1.4.2024 by S.I. 2024/437, reg. 2(y)
I292
Sch. 3 para. 4 in force at 1.4.2024 by S.I. 2024/437, reg. 2(y)
I293
Sch. 3 para. 5 in force at 1.4.2024 by S.I. 2024/437, reg. 2(y)
I294
Sch. 3 para. 6 in force at 1.4.2024 by S.I. 2024/437, reg. 2(y)
I295
Sch. 3 para. 7 in force at 1.4.2024 by S.I. 2024/437, reg. 2(y)
I296
Sch. 3 para. 8 in force at 1.4.2024 by S.I. 2024/437, reg. 2(y)
I297
Sch. 3 para. 9 in force at 1.4.2024 by S.I. 2024/437, reg. 2(y) (with reg. 5(1))
I298
Sch. 3 para. 10 in force at 1.4.2024 by S.I. 2024/437, reg. 2(y) (with reg. 5(2))
I299
Sch. 3 para. 11 in force at 1.4.2024 by S.I. 2024/437, reg. 2(y)
I300
Sch. 3 para. 12 in force at 1.4.2024 by S.I. 2024/437, reg. 2(y)
I301
Sch. 3 para. 13 in force at 1.4.2024 by S.I. 2024/437, reg. 2(y)
I302
Sch. 3 para. 14 in force at 1.4.2024 by S.I. 2024/437, reg. 2(y)
I303
Sch. 3 para. 15 in force at 1.4.2024 by S.I. 2024/437, reg. 2(y)
I304
Sch. 3 para. 16 in force at 1.4.2024 by S.I. 2024/437, reg. 2(y)
I305
Sch. 3 para. 17 in force at 1.4.2024 by S.I. 2024/437, reg. 2(y)
I306
Sch. 3 para. 19 in force at 1.4.2024 by S.I. 2024/437, reg. 2(y)
I307
Sch. 3 para. 20 in force at 1.4.2024 by S.I. 2024/437, reg. 2(y)
I308
Sch. 5 para. 1 in force at 1.4.2024 in so far as not already in force by S.I. 2024/437, reg. 2(z)
I309
Sch. 5 para. 13 in force at 1.4.2024 by S.I. 2024/437, reg. 2(z)
I310
Sch. 5 para. 14 in force at 1.4.2024 by S.I. 2024/437, reg. 2(z)
I311
Sch. 5 para. 15 in force at 1.4.2024 by S.I. 2024/437, reg. 2(z)
I312
Sch. 5 para. 21 in force at 1.4.2024 by S.I. 2024/437, reg. 2(z)
I313
Sch. 5 para. 22 in force at 1.4.2024 by S.I. 2024/437, reg. 2(z)
I314
Sch. 5 para. 26 in force at 1.4.2024 by S.I. 2024/437, reg. 2(z) (with reg. 5(3))
I315
Sch. 5 para. 34 in force at 1.4.2024 by S.I. 2024/437, reg. 2(z) (with reg. 5(4))
I316
Sch. 5 para. 36 in force at 1.4.2024 by S.I. 2024/437, reg. 2(z)
I317
Sch. 5 para. 37 in force at 1.4.2024 by S.I. 2024/437, reg. 2(z) (with reg. 5(5))
I318
Sch. 5 para. 39 in force at 1.4.2024 by S.I. 2024/437, reg. 2(z) (with reg. 5(6))
I319
Sch. 5 para. 40 in force at 1.4.2024 by S.I. 2024/437, reg. 2(z) (with reg. 5(7))
I320
Sch. 5 para. 46 in force at 1.4.2024 by S.I. 2024/437, reg. 2(z)
I321
S. 3(1)(3) in force at 1.4.2024 in so far as not already in force by S.I. 2024/437, reg. 2(a)
I322
S. 3(2) in force at 1.4.2024 by S.I. 2024/437, reg. 2(a)
I323
Sch. 5 para. 16(a) in force at 1.4.2024 by S.I. 2024/437, reg. 2(z)
I324
Sch. 5 para. 23(c) in force at 1.4.2024 by S.I. 2024/437, reg. 2(z)
I325
Sch. 5 para. 43(a)(b) in force at 1.4.2024 by S.I. 2024/437, reg. 2(z)
I326
Sch. 5 para. 47(b)(c) in force at 1.4.2024 by S.I. 2024/437, reg. 2(z) (with reg. 5(3))

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

Performance improvement plan	Section 218A
Performance improvement plan notice	Section 218A

Social Housing (Regulation) Act 2023

The Regulator of Social Housing¶

I1I1581 Fundamental objectives¶

I2I1592 Advisory panel¶

I33 Collection of information¶

I4I2484 Power to charge fees¶

I5I1605 Relationship between regulator and housing ombudsman¶

Registration of providers of social housing¶

I6I1616 Meaning of “English body”¶

I7I1627 Registration criteria¶

I8I2498 Designation¶

I9I1639 De-registration¶

Duties of registered providers¶

I1010 Appointment of health and safety lead by registered provider¶

I1111 Electrical safety standards¶

Registered providers: insolvency, restructuring etc¶

I12I25012 Moratorium on disposal of land¶

I13I164I25113 Limited liability partnerships¶

I14I25214 Insolvency of registered providers¶

I15I25315 Notification requirements: expansion to profit-making organisations¶

I16I25416 Conversion of company into registered society: continuation of registration¶

I17I25517 Restructuring of registered societies¶

I18I25618 Receipt of transfers of engagements from a registered society¶

I19I25719 Notification of constitutional changes¶

I20I25820 Notification of change of control¶

Standards¶

I21I16521 Standards relating to competence and conduct¶

I22I16622 Standards relating to information and transparency¶

I23I16723 Code of practice: standards relating to consumer matters¶

I24I16824 Direction by Secretary of State¶

I16925 Secretary of State’s duty to give direction about providing information to tenants¶

I25I25926 Failure to meet standards: exercise of intervention powers¶

I26I17027 Performance monitoring¶

Monitoring and enforcement¶

I27I26028 Surveys¶

I28I26129 Inspection plan¶

I29I26230 Action after inspection¶

I3031 Performance improvement plans¶

I31I26332 Emergency remedial action¶

I32I17133 Extension of powers to charities who have not received public assistance¶

I33I17234 Notification of Charity Commission of exercise of enforcement powers¶

I34I17335 Exercise of powers: land with a Crown or Duchy interest¶

I35I174I26436 Regulatory and enforcement powers: further amendments¶

Social housing¶

I36I17537 Leaving the social housing stock: end of lease¶

Meaning of “subsidiary”¶

I37I26538 Meaning of “subsidiary”¶

Appeals¶

I38I17639 Appeals¶

Housing ombudsman¶

I17740 Housing ombudsman scheme¶

I17841 Power of housing ombudsman to issue guidance to scheme members¶

Social housing leases: remedying hazards¶

I39I17942 Social housing leases: remedying hazards¶

General¶

I40I180I26643 Minor and consequential amendments¶

I4144 Power to make consequential provision¶

I4245 Extent¶

I4346 Commencement¶

I4447 Short title¶

Schedules

Schedule 1 ¶

Limited liability partnerships

Part 1 Amendments of the Housing and Planning Act 2016¶

I45I181I2671 Introductory¶

Extension of housing administration regime¶

I48I1824 Restrictions on insolvency procedures¶

I53I2729 Interpretation¶

Part 2 Amendments of the Housing and Regeneration Act 2008¶

I54I183I27310 Introductory¶

I55I27411 Notice of registration or de-registration¶

Accounts¶

I62I28018 Moratorium on disposal of land¶

I63I28119 Arrangements and reconstructions¶

I64I28220 Meaning of “officer”¶

Schedule 2 ¶

Amendments to restrictions on insolvency procedures

Schedule 3 ¶

Regulatory and enforcement powers

Schedule 4 ¶

^I1^I1581 Fundamental objectives¶

^I2^I1592 Advisory panel¶

^I33 Collection of information¶

^I4^I2484 Power to charge fees¶

^I5^I1605 Relationship between regulator and housing ombudsman¶

^I6^I1616 Meaning of “English body”¶

^I7^I1627 Registration criteria¶

^I8^I2498 Designation¶

^I9^I1639 De-registration¶

^I1010 Appointment of health and safety lead by registered provider¶

^I1111 Electrical safety standards¶

^I12^I25012 Moratorium on disposal of land¶

^I13^I164^I25113 Limited liability partnerships¶

^I14^I25214 Insolvency of registered providers¶

^I15^I25315 Notification requirements: expansion to profit-making organisations¶

^I16^I25416 Conversion of company into registered society: continuation of registration¶

^I17^I25517 Restructuring of registered societies¶

^I18^I25618 Receipt of transfers of engagements from a registered society¶

^I19^I25719 Notification of constitutional changes¶

^I20^I25820 Notification of change of control¶

^I21^I16521 Standards relating to competence and conduct¶

^I22^I16622 Standards relating to information and transparency¶

^I23^I16723 Code of practice: standards relating to consumer matters¶

^I24^I16824 Direction by Secretary of State¶

^I16925 Secretary of State’s duty to give direction about providing information to tenants¶

^I25^I25926 Failure to meet standards: exercise of intervention powers¶

^I26^I17027 Performance monitoring¶

^I27^I26028 Surveys¶

^I28^I26129 Inspection plan¶

^I29^I26230 Action after inspection¶

^I3031 Performance improvement plans¶

^I31^I26332 Emergency remedial action¶

^I32^I17133 Extension of powers to charities who have not received public assistance¶

^I33^I17234 Notification of Charity Commission of exercise of enforcement powers¶

^I34^I17335 Exercise of powers: land with a Crown or Duchy interest¶

^I35^I174^I26436 Regulatory and enforcement powers: further amendments¶

^I36^I17537 Leaving the social housing stock: end of lease¶

^I37^I26538 Meaning of “subsidiary”¶

^I38^I17639 Appeals¶

^I17740 Housing ombudsman scheme¶

^I17841 Power of housing ombudsman to issue guidance to scheme members¶

^I39^I17942 Social housing leases: remedying hazards¶

^I40^I180^I26643 Minor and consequential amendments¶

^I4144 Power to make consequential provision¶

^I4245 Extent¶

^I4346 Commencement¶

^I4447 Short title¶

^I45^I181^I2671 Introductory¶

^I48^I1824 Restrictions on insolvency procedures¶

^I53^I2729 Interpretation¶

^I54^I183^I27310 Introductory¶

^I55^I27411 Notice of registration or de-registration¶

^I62^I28018 Moratorium on disposal of land¶

^I63^I28119 Arrangements and reconstructions¶

^I64^I28220 Meaning of “officer”¶