Housing and Regeneration Act 2008

Procedure E+W

116 [F1 Entry in the register: voluntary registration] E+W

(1) The regulator shall register anyone who—

(a) is eligible for registration [F2 under section 112(1)], and

(b) applies to be registered.

(2) The regulator may make provision about—

(a) the form of an application;

(b) the information to be contained in it or provided with it;

(c) the manner in which an application is to submitted;

(d) the consequences of failure to comply with provision under paragraphs (a) to (c).

[F3 (2A) The regulator must notify a body of the outcome of its application.]

(3) This section is subject to section 117 (fees).

(4) Once entered [F4 in the register under this section] a body remains registered unless and until removed under section 118 or 119.

(5) It shall be presumed for all purposes that a person entered in the register [F5 under this section] is eligible for registration while the registration lasts (irrespective of whether and why the person is later removed from the register).

[F6 (6) This section deals with voluntary registration; for the registration of [F7 local authorities], see section 114.]

Textual Amendments

F1 Heading of s. 116 substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 15(6)

F2 Words in s. 116(1)(a) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 15(2)

F3 S. 116(2A) inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 4 para. 3; S.I. 2023/1001, reg. 2(x)

F4 Words in s. 116(4) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 15(3)

F5 Words in s. 116(5) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 15(4)

F6 S. 116(6) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 15(5)

F7 Words in s. 116(6) substituted (21.3.2024) by The Social Housing (Regulation) Act 2023 (Consequential and Miscellaneous Amendments) Regulations 2024 (S.I. 2024/399), reg. 1(2), Sch. 2 para. 1(3)

Commencement Information

I1 S. 116(1) s. 116(3)-(5) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

I2 S. 116(2) in force at 8.9.2008 by S.I. 2008/2358, art. 3(1)

117 Fees E+W

[F8 (1) The regulator may charge—

(a) a fee for initial registration, and

(b) an annual fee for continued registration.

(2) Except in the case of a local authority, the regulator may make initial or continued registration conditional upon payment of the fee.]

(3) The regulator shall—

(a) prescribe the amount of a fee, and

(b) make provision about the periods during which and in respect of which annual fees are payable.

(4) The regulator may set different fees, and make different provision, for different cases or circumstances.

(5) Fees must be set in accordance with principles which the regulator prepares and publishes and which are designed to ensure that so far as is reasonably practicable—

(a) fee income matches expenditure on the performance of [F9 the regulator's] functions,

(b) each fee is reasonable and proportionate to the costs to which it relates, and

(c) actual or potential registered providers can see the relationship between the amount of a fee and the costs to which it relates.

(6) The principles—

(a) shall provide for section 95(3) to be disregarded for the purpose of subsection (5)(a), and

(b) may provide for specified expenditure or potential expenditure under section 95 or otherwise to be disregarded for the purpose of subsection (5)(a).

(7) Principles do not have effect until approved by the Secretary of State.

(8) In preparing (or revising) the principles the regulator shall consult persons appearing to the regulator to represent the interests of fee-payers.

(9) The [F10 regulator’s] accounts shall show—

(a) fees received, and

(b) fees outstanding.

F11 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 S. 117(1)(2) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 16

F9 Words in s. 117(5)(a) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 37(2); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F10 Word in s. 117(9) substituted (1.10.2018) by The Legislative Reform (Regulator of Social Housing) (England) Order 2018 (S.I. 2018/1040), art. 1(2), Sch. para. 22(a) (with Pt. 4)

F11 S. 117(10) omitted (1.10.2018) by virtue of The Legislative Reform (Regulator of Social Housing) (England) Order 2018 (S.I. 2018/1040), art. 1(2), Sch. para. 22(b) (with Pt. 4)

Commencement Information

I3 S. 117 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I4 S. 117 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

118 De-registration: compulsory E+W

(1) The regulator may remove from the register a [F12 private registered provider] which the regulator thinks—

(a) is no longer eligible for registration,

[F13 (aa) has failed to meet a standard under section 193, 194 or 194C,]

(b) has ceased to carry out activities, or

(c) has ceased to exist.

[F14 (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.]

[F15 (3) The regulator must notify a private registered provider of a decision to remove it from the register under subsection (1)(a), (aa) or (b).]

[F16 (4) The regulator shall remove a local authority from the register if the regulator becomes aware that the authority—

(a) is no longer a provider of social housing, or

(b) no longer intends to become a provider of social housing (in the case of an authority which intended to become one but did not in fact do so).]

Textual Amendments

F12 Words in s. 118(1) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 17(2)

F13 S. 118(1)(aa) inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), ss. 9, 46(3); S.I. 2023/1001, reg. 2(g)

F14 S. 118(2) substituted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 4 para. 4(2); S.I. 2023/1001, reg. 2(x)

F15 S. 118(3) substituted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 4 para. 4(3); S.I. 2023/1001, reg. 2(x)

F16 S. 118(4) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 17(3)

Commencement Information

I5 S. 118 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

119 De-registration: voluntary E+W

(1) A [F17 private registered provider] may ask the regulator to remove it from the register.

(2) The regulator may comply with a request—

(a) on the grounds that the registered provider no longer is or intends to be a provider of social housing in England,

(b) on the grounds that the registered provider is subject to regulation by another authority whose control is likely to be sufficient, or

(c) on the grounds that the registered provider meets any relevant criteria for de-registration set by the regulator.

(3) Before deciding whether or not to comply, the regulator must consult such local authorities in whose area the registered provider acts as it thinks appropriate.

(4) The regulator shall not comply with a request by a non-profit registered provider if it thinks that removal is sought with a view to enabling the registered provider to distribute assets to members.

(5) In deciding whether or not to comply, the regulator must (in particular) have regard to—

F18 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) any conditions imposed in connection with financial assistance given to the registered provider under any enactment.

(6) Having decided whether or not to remove the registered provider the regulator must notify—

(a) the provider, and

(b) any authority consulted.

(7) The regulator shall publish criteria set for the purposes of subsection (2)(c).

Textual Amendments

F17 Words in s. 119(1) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 18

F18 S. 119(5)(a) omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 11; S.I. 2017/75, reg. 4

Commencement Information

I6 S. 119(1) s. 119(3)-(6) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

I7 S. 119(2)(7) in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I8 S. 119(2)(7) in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

120 Notice E+W

(1) As soon as is reasonably practicable after registering or de-registering a body the regulator shall notify—

(a) in the case of a registered charity, the Charity Commission,

(b) in the case of [F19 a registered society], the [F20 Financial Conduct Authority], F21 ...

(c) in the case of a registered company (whether or not also a registered charity), the registrar of companies for England and Wales [F22 , and

(d) in the case of a local authority, the Secretary of State.]

(2) [F23 Except in the case of a local authority,] a notice of registration shall specify whether the person registered is designated as a non-profit or profit-making organisation.

(3) If the designation changes, the regulator shall notify any person notified of the registration.

(4) A person to whom notice is given under this section must keep a record of it.

Textual Amendments

F19 Words in Act substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 122 (with Sch. 5)

F20 Words in s. 120(1)(b) substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 11 para. 8(2)(3)(a) (with Sch. 12)

F21 Word in s. 120(1)(b) omitted (1.4.2010) by virtue of The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 19(2)(a)

F22 S. 120(1)(d) and word inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 19(2)(b)

F23 Words in s. 120(2) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 19(3)

Commencement Information

I9 S. 120 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

121 Appeal E+W

(1) A body may appeal to the High Court against a decision of the regulator—

(a) to refuse to register it,

(b) to de-register it [F24 under section 118(1)], F25 ...

(c) to refuse to de-register it,

[F26 (d) to designate it as a non-profit organisation or as a profit-making organisation (as the case may be), or

(e) to change its registered designation.]

[F27 (1A) An appeal under this section must be brought within the period of 28 days beginning with the day on which the body is notified of the decision it is appealing.]

(2) The regulator shall not de-register a body [F28 during the appeal period].

[F29 (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).]

(3) The Secretary of State may by order provide for the First-tier Tribunal to have jurisdiction under this section instead of the High Court.

Textual Amendments

F24 Words in s. 121(1)(b) inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 4 para. 5(2)(a); S.I. 2023/1001, reg. 2(x)

F25 Word in s. 121(1)(b) omitted (20.9.2023) by virtue of Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 4 para. 5(2)(b); S.I. 2023/1001, reg. 2(x)

F26 S. 121(1)(d)(e) inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 4 para. 5(2)(c); S.I. 2023/1001, reg. 2(x)

F27 S. 121(1A) inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 4 para. 5(3); S.I. 2023/1001, reg. 2(x)

F28 Words in s. 121(2) substituted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 4 para. 5(4); S.I. 2023/1001, reg. 2(x)

F29 S. 121(2A)(2B) inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 4 para. 5(5); S.I. 2023/1001, reg. 2(x)

Commencement Information

I10 S. 121 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)