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Part IU.K. [F1Social Rented Sector [F2regulated by the Welsh Ministers]]

Textual Amendments

F1Pt. I title substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(1), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F2Words in Pt. I title substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 2; S.I. 2011/2475, arts. 1(2), 2(u)

Modifications etc. (not altering text)

C1Part I (ss. 1-64) amended (1.10.1996) by S.I. 1996/2325, art.3

C2Pt. 1: The system of "registered social landlords" under this Part is replaced (8.9.2008 for specified purposes and 1.12.2008, 16.2.2009, 1.4.2009, 7.9.2009 and 1.4.2010 for further purposes) by Housing and Regeneration Act 2008 (c. 17), Pt. 2. This Part continues to apply in relation to Wales with certain provisions applied in relation to England and certain provisions preserved although they apply to England only, see s. 60 of the affecting Act; S.I. 2008/2358, art. 3; S.I. 2008/3068, art. 3 (with arts. 6-13); S.I. 2009/363, art. 2; S.I. 2009/803, art. 7; S.I. 2009/2096, art. 2(1); S.I. 2010/862, art. 2 (with Sch.)

Chapter VU.K. Miscellaneous and general provisions

InterpretationE+W

F456 Meaning of “[F3the Welsh Ministers]”.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

57 Definitions relating to [F5registered societies].E+W

(1)In this Part, in relation to [F6a registered society]

(2)Any reference in this Part to a member of the committee of [F6a registered society] includes a co-opted member.

Textual Amendments

F5Words in s. 57 heading substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 60 (with Sch. 5)

F6Words in Act substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 56 (with Sch. 5)

F7Definition of “appropriate registrar” in s. 57(1) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 356(1)

58 Definitions relating to charities.E+W

[F8(1)In this Part—

(a)trusts”, in relation to a charity, has the same meaning as in the Charities Act 2011 and “trustee” means a charitable trustee within the meaning of that Act, and

(b)registered charity” means a charity which is registered in accordance with section 30 of that Act.]

[F9(1A)For the purposes of this Part a registered charity has received public assistance if at least one of the following conditions is satisfied—

(a)the charity has received financial assistance under section 24 of the Local Government Act 1988 (assistance for privately let housing accommodation);

(b)the charity has received financial assistance under section 19 of the Housing and Regeneration Act 2008 (financial assistance);

(c)the charity has had housing transferred to it pursuant to—

(i)a large scale disposal, within the meaning of section 34 of the Housing Act 1985, for which consent was required under section 32 or 43 of that Act, or

(ii)a qualifying disposal that was made under section 135 of the Leasehold Reform, Housing and Urban Development Act 1993;

(d)the charity has received a grant or loan under—

(i)section 18 (social housing grants),

(ii)section 22 (assistance from local authorities),

(iii)section 58 of the Housing Associations Act 1985 (grants or loans by local authorities),

(iv)section 50 of the Housing Act 1980, section 41 of the Housing Associations Act 1985 or any enactment replaced by that section (housing association grant),

(v)section 51 of the Housing Act 1988 or sections 54 or 55 of the Housing Associations Act 1985 (revenue deficit grant or hostel deficit grant),

(vi)section 79 of the Housing Associations Act 1985 (loans by Housing Corporation),

(vii)section 31 of the Housing Act 1974 (management grants), or

(viii)any enactment mentioned in paragraph 2 or 3 of Schedule 1 to the Housing Associations Act 1985 (pre-1974 grants and certain loans).]

(2)References in this Part to [F10a company] do not include a company which is a registered charity, except where otherwise provided.

Textual Amendments

F8Words in s. 58(1)(a) substituted (14.3.2012 immediately before the Charities Act 2011 (c. 25) comes into force) by The Charities (Pre-consolidation Amendments) Order 2011 (S.I. 2011/1396), art. 1, Sch. para. 45; s. 58(1) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 71 (with s. 20(2), Sch. 8)

59 Meaning of “officer” of registered social landlord.E+W

(1)References in this Part to an officer of a registered social landlord are—

(a)in the case of a registered charity which is not [F11a company] , to any trustee, secretary or treasurer of the charity;

(b)in the case of [F6a registered society], to any officer of the society as defined in [F12section 149 of the Co-operative and Community Benefit Societies Act 2014]; and

(c)in the case of [F13a company (including a company that is a registered charity)] , to any director or other officer of the company within the meaning of [F14the Companies Acts (see sections 250 and 1173(1) of the Companies Act 2006)] .

(2)Any such reference includes, in the case of [F6a registered society], a co-opted member of the committee of the society.

60 Meaning of “subsidiary”.E+W

(1)In this Part “subsidiary”, in relation to a registered social landlord, means a company with respect to which one of the following conditions is fulfilled—

(a)the landlord is a member of the company and controls the composition of the board of directors;

(b)the landlord holds more than half in nominal value of the company’s equity share capital; or

(c)the company is a subsidiary, within the meaning of [F15the Companies Acts (see section 1159 of the Companies Act 2006)] or [F16Part 7 of the Co-operative and Community Benefit Societies Act 2014], of another company which, by virtue of paragraph (a) or paragraph (b), is itself a subsidiary of the landlord.

(2)For the purposes of subsection (1)(a), the composition of a company’s board of directors shall be deemed to be controlled by a registered social landlord if, but only if, the landlord, by the exercise of some power exercisable by him without the consent or concurrence of any other person, can appoint or remove the holders of all or a majority of the directorships.

(3)In relation to a company which is [F6a registered society]

(a)any reference in this section to the board of directors is a reference to the committee of management of the society; and

(b)the reference in subsection (2) to the holders of all or a majority of the directorships is a reference—

(i)to all or a majority of the members of the committee, or

(ii)if the landlord is himself a member of the committee, such number as together with him would constitute a majority.

(4)In the case of a registered social landlord which is a body of trustees, references in this section to the landlord are to the trustees acting as such.

61 Meaning of “associate”.E+W

(1)In this Part “associate”, in relation to a registered social landlord, means—

(a)any body of which the landlord is a subsidiary, and

(b)any other subsidiary of such a body.

(2)In this section “subsidiary” has the same meaning as in [F17the Companies Acts (see section 1159 of the Companies Act 2006)] or [F18Part 7 of the Co-operative and Community Benefit Societies Act 2014] or, in the case of a body which is itself a registered social landlord, has the meaning given by section 60.

62 Members of a person’s family: Part I.E+W

(1)A person is a member of another’s family within the meaning of this Part if—

(a)he is the spouse [F19 or civil partner] of that person, or he and that person live together [F20as if they were a married couple or] [F21civil partners], or

(b)he is that person’s parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece.

(2)For the purpose of subsection (1)(b)—

(a)a relationship by marriage [F22 or civil partnership] shall be treated as a relationship by blood,

(b)a relationship of the half-blood shall be treated as a relationship of the whole blood, and

(c)the stepchild of a person shall be treated as his child.

63 Minor definitions: Part I.E+W

(1)In this Part—

(2)References in this Part to the provision of a dwelling or house include the provision of a dwelling or house—

(a)by erecting the dwelling or house, or converting a building into dwellings or a house, or

(b)by altering, enlarging, repairing or improving an existing dwelling or house;

and references to a dwelling or house provided by means of a grant or other financial assistance are to its being so provided directly or indirectly.]

64 Index of defined expressions: Part I.E+W

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section)—

[F27action section 63]
appointed person (in relation to inquiry into affairs of registered social landlord)paragraph 20 of Schedule 1
F28. . .F28. . .
associate (in relation to a registered social landlord)section 61(1)
assured tenancysection 230
assured agricultural occupancysection 230
assured shorthold tenancysection 230
F29. . .F29. . .
committee member (in relation to [F6a registered society] )section 57(2)
[F30company section 63 (and see section 58(2))]
F31. . .F31. . .
co-operative housing associationsection 63
co-opted member (of committee of [F32registered society])section 57(1)
F33. . .F33. . .
disposal proceeds fundsection 24
dwellingsection 63
enactmentsection 230
fully mutual housing associationsection 63
hostelsection 63
housesection 63
housing accommodationsection 63
housing activitiessection 63
housing associationsection 230
F34. . .section 2(1)(b)
informationsection 63
leasesection 229
local authoritysection 63
[F27local housing authority section 230]
long tenancysection 63
member of familysection 62
[F27misconduct section 63]
modificationssection 63
noticesection 63
officer of registered social landlordsection 59
provision (in relation to dwelling or house)section 63(2)
public sector landlordsection 63
[F27received public assistance section 58(1A)]
register, registered and registration (in relation to social landlords)section 1
registered charitysection 58(1)(b)
[F35registered society section 1A.]
registrar of companiessection 63
F36. . .F36. . .
relevant disposal which is not an exempted disposal (in sections 11 to 14)section 15
[F27representations section 63]
secure tenancysection 230
social housing grantsection 18(1)
statutory tenancysection 63
subsidiary (in relation to a registered social landlord)section 60(1)
trustee and trusts (in relation to a charity)section 58(1)(a)

Textual Amendments

F6Words in Act substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 56 (with Sch. 5)

F28S. 64: Entry relating to “appropriate registrar” in the Table repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 356(2)

F29Words in s. 64 omitted (14.3.2012 immediately before the Charities Act 2011 (c. 25) comes into force) by virtue of The Charities (Pre-consolidation Amendments) Order 2011 (S.I. 2011/1396), art. 1, Sch. para. 45