The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010

Statutory Instruments

2010 No. 844

Housing, England And Wales

The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010

Made

17th March 2010

Coming into force in accordance with Article 1(2) and (3)

The Secretary of State, in exercise of the powers conferred by sections 114, 320(1) and 321(2) of the Housing and Regeneration Act 2008(1) and after consultation in accordance with section 114(6) of that Act, makes the following Order:

Citation, commencement and extent E+W

1.—(1) This Order may be cited as the Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010.

(2) Articles 3 to 6 and Schedules 1 and 2 come into force on 1st April 2010.

(3) The remaining provisions of this Order come into force on the day after the day on which this Order is made.

(4) An amendment or repeal made by this Order has the same extent as the provision to which it relates.

Commencement Information

I1 Art. 1 in force at 18.3.2010, see art. 1(3)

Interpretation E+W

2.  In this Order, “the Act” means the Housing and Regeneration Act 2008.

Commencement Information

I2 Art. 2 in force at 18.3.2010, see art. 1(3)

Requirement to register E+W

3.—(1) The regulator shall register an English local authority if the regulator becomes aware that the authority—

(a) is a provider of social housing, or

(b) intends to become a provider of social housing.

(2) Once registered, the authority remains registered unless and until removed under section 118(4) of the Act (inserted by Schedule 1 to this Order).

(3) In this article—

“English local authority” means—

(a)

a local housing authority in England, or

(b)

a county council in England;

“register” means enter in the register established under Chapter 3 of Part 2 of the Act.

Commencement Information

I3 Art. 3 in force at 1.4.2010, see art. 1(2)

Removal of exception for persons controlled by local authorities E+W

4.  In section 113 of the Act (local authority non-registrable bodies), subsections (4), (5) and (6) are omitted.

Commencement Information

I4 Art. 4 in force at 1.4.2010, see art. 1(2)

Amendment of Part 2 E+W

5.  Part 2 of the Act is further amended as provided in Schedule 1.

Commencement Information

I5 Art. 5 in force at 1.4.2010, see art. 1(2)

Amendment of other enactments E+W

6.  The enactments mentioned in Schedule 2 are amended as provided there.

Commencement Information

I6 Art. 6 in force at 1.4.2010, see art. 1(2)

Transitional provision E+W

7.—(1) In relation to English local authorities that will be registered by virtue of article 3, the powers mentioned in paragraph (2) may be exercised before the date on which that article comes into force for the purpose of giving full effect to it on or after that date.

(2) The powers are—

(a) the power to set standards under section 193 of the Act,

(b) the power to issue a code of practice under section 195 of the Act, and

(c) the power to give directions under section 197 of the Act.

(3) For that purpose—

(a) consultation with one or more bodies appearing to the regulator or, as the case may be, the Secretary of State to represent the interests of potential registrants is sufficient to satisfy the requirements of section 196(1)(a) or, as the case may be, 197(4)(f) of the Act, and

(b) consultation in accordance with the provisions of section 196(1) or, as the case may be, 197(4) of the Act (as modified by paragraph (a)) is sufficient to satisfy the requirements of those provisions even if it is carried out before this Order is made.

(4) “Potential registrants” means English local authorities that may be required to be registered when article 3 comes into force.

Commencement Information

I7 Art. 7 in force at 18.3.2010, see art. 1(3)

Signed by authority of the Secretary of State for Communities and Local Government

John Healey

Minister of State

Department for Communities and Local Government

17th March 2010

SCHEDULES

Article 5

SCHEDULE 1 E+W Amendment of Part 2 of the Act

Chapter 1 (introduction) E+W

1.  In section 60 (structural overview), in the Table in subsection (4)— E+W

(a) in the third column of the entry for Chapter 5, at the end insert “by private registered providers”,

(b) in the second column of the entry for Chapter 7, for “269” substitute “269B”, and

(c) in the fourth column of the entry for Chapter 7, at the end insert—

“(h) Censure of local authority employees”.

Commencement Information

I8 Sch. 1 para. 1 in force at 1.4.2010, see art. 1(2)

2.—(1) Section 75 (leaving the social housing stock: disposal with consent) is amended as follows. E+W

(2) After subsection (1) insert—

“(1A) A dwelling ceases to be social housing if it is—

(a) disposed of with the Secretary of State’s consent in accordance with section 32 or 43 of the Housing Act 1985 (disposals by local authorities),

(b) appropriated with the Secretary of State’s consent in accordance with section 19(2) of that Act (appropriation by local authorities for some other purpose), or

(c) disposed of by a local authority with the Secretary of State’s consent in accordance with any other enactment.”

(3) In subsections (2) and (3), for “Subsection (1) does” substitute “Subsections (1) and (1A) do”.

Commencement Information

I9 Sch. 1 para. 2 in force at 1.4.2010, see art. 1(2)

3.  In section 76 (leaving the social housing stock: regulator’s direction), after subsection (2) insert— E+W

“(3) A direction may not be made if the provider is a local authority.”.

Commencement Information

I10 Sch. 1 para. 3 in force at 1.4.2010, see art. 1(2)

4.  In section 79 (English bodies), in subsection (1)(e)(i), after “1996 (c. 52)” insert “or a local authority in Wales” E+W

Commencement Information

I11 Sch. 1 para. 4 in force at 1.4.2010, see art. 1(2)

5.  In section 80 (provider of social housing), after subsection (2) insert— E+W

“(3) Persons listed in the register who are not local authorities—

(a) may be referred to in an enactment or other instrument as “private registered providers of social housing”, and

(b) are referred to in this Part as “private registered providers”.”

Commencement Information

I12 Sch. 1 para. 5 in force at 1.4.2010, see art. 1(2)

Chapter 2 (the Social Housing Regulator) E+W

6.  In section 94 (studies), after subsection (2) insert— E+W

“(3) Nothing in subsection (1) permits the regulator, in relation to local authorities, to carry out or commission studies about the performance of housing functions other than their functions as a provider of social housing.”

Commencement Information

I13 Sch. 1 para. 6 in force at 1.4.2010, see art. 1(2)

7.  In section 95 (financial assistance), in subsection (3), for “a registered provider” substitute “a private registered provider”. E+W

Commencement Information

I14 Sch. 1 para. 7 in force at 1.4.2010, see art. 1(2)

8.  In section 96 (evidence), in paragraph (d), at the beginning insert “the Commission for Local Administration in England or”. E+W

Commencement Information

I15 Sch. 1 para. 8 in force at 1.4.2010, see art. 1(2)

9.  After section 106 insert— E+W

“106A    Cooperation with the Audit Commission

(1) The regulator shall cooperate with the Audit Commission for Local Authorities and the National Health Service in England.

(2) In particular, the regulator shall consult the Audit Commission on matters concerning local authorities.”

Commencement Information

I16 Sch. 1 para. 9 in force at 1.4.2010, see art. 1(2)

10.  In section 107 (collection), in subsection (1), for paragraph (b) substitute— E+W

“(b) activities which are or may be carried out by—

(i) a person who is, or who has applied to become, a registered provider, or

(ii) a local authority in England which the regulator thinks may be, or may become, a provider of social housing.”

Commencement Information

I17 Sch. 1 para. 10 in force at 1.4.2010, see art. 1(2)

Chapter 3 (registration) E+W

11.—(1) Section 112 (eligibility for registration) is amended as follows. E+W

(2) In subsection (4)(b), for “registered providers” substitute “private registered providers”.

(3) After subsection (4) insert—

“(5) Section 114 deals with bodies falling within the exceptions in section 113.”

(4) The heading becomes “Eligibility for voluntary registration”.

Commencement Information

I18 Sch. 1 para. 11 in force at 1.4.2010, see art. 1(2)

12.  The heading to section 113 becomes “Section 112: exceptions”. E+W

Commencement Information

I19 Sch. 1 para. 12 in force at 1.4.2010, see art. 1(2)

13.  After section 114 insert— E+W

“114A    Local authorities: duty to notify

(1) A local authority in England which is not subject to compulsory registration must notify the regulator as soon as it becomes subject to compulsory registration.

(2) For these purposes, an authority is subject to compulsory registration if—

(a) it is a provider of social housing, or

(b) it intends to become a provider of social housing.”

Commencement Information

I20 Sch. 1 para. 13 in force at 1.4.2010, see art. 1(2)

14.  In section 115 (profit-making and non-profit organisations), after subsection (9) insert— E+W

“(10) Subsection (1) does not apply to the entry of a local authority in the register (and, accordingly, references to “profit-making” and “non-profit” in connection with a registered provider do not refer to a local authority).”

Commencement Information

I21 Sch. 1 para. 14 in force at 1.4.2010, see art. 1(2)

15.—(1) Section 116 (entry) is amended as follows. E+W

(2) In subsection (1)(a), after “registration” insert “under section 112(1)”.

(3) In subsection (4), after “entered” insert “in the register under this section”.

(4) In subsection (5), after “in the register” insert “under this section”.

(5) After subsection (5) insert—

“(6) This section deals with voluntary registration; for the registration of local housing authorities and county councils, see section 114.”

(6) The heading becomes “Entry in the register: voluntary registration”.

Commencement Information

I22 Sch. 1 para. 15 in force at 1.4.2010, see art. 1(2)

16.  In section 117 (fees), for subsections (1) and (2) substitute— E+W

“(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.”

Commencement Information

I23 Sch. 1 para. 16 in force at 1.4.2010, see art. 1(2)

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

(2) In subsection (1), for “body” substitute “private registered provider”.

(3) After subsection (3) insert—

“(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).”

Commencement Information

I24 Sch. 1 para. 17 in force at 1.4.2010, see art. 1(2)

18.  In section 119 (de-registration: voluntary), in subsection (1), for “registered provider” substitute “private registered provider”. E+W

Commencement Information

I25 Sch. 1 para. 18 in force at 1.4.2010, see art. 1(2)

19.—(1) Section 120 (notice) is amended as follows. E+W

(2) In subsection (1)—

(a) omit “and” at the end of paragraph (b), and

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

“, and

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

(3) In subsection (2), at the beginning insert “Except in the case of a local authority,”.

Commencement Information

I26 Sch. 1 para. 19 in force at 1.4.2010, see art. 1(2)

Chapter 4 (registered providers) E+W

20.  In section 123 (disposal of property), at the end insert “by private registered providers”. E+W

Commencement Information

I27 Sch. 1 para. 20 in force at 1.4.2010, see art. 1(2)

21.  In section 126 (sustainable community strategies), for “registered provider” substitute “private registered provider”. E+W

Commencement Information

I28 Sch. 1 para. 21 in force at 1.4.2010, see art. 1(2)

22.  In section 127 (directions)— E+W

(a) in subsection (1), for “registered providers” substitute “private registered providers”, and

(b) in subsection (6), for “registered providers” substitute “private registered providers”.

Commencement Information

I29 Sch. 1 para. 22 in force at 1.4.2010, see art. 1(2)

23.—(1) Section 128 (submission to regulator) is amended as follows. E+W

(2) In subsection (1), for “registered provider” substitute “private registered provider”.

(3) After subsection (3) insert—

“(4) Each local authority which is a registered provider shall send copies of the following documents to the regulator so far as they relate to the provision of social housing—

(a) any immediate report made under section 8 of the Audit Commission Act 1998 (immediate and other reports in public interest) in relation to its accounts;

(b) its audited accounts, accompanied by any report made under that section at the conclusion of the audit.

(5) The local authority shall send the copies to the regulator as soon as the authority receives them.”

Commencement Information

I30 Sch. 1 para. 23 in force at 1.4.2010, see art. 1(2)

24.  In section 141 (offences), for “registered provider”, in each place where it occurs, substitute “private registered provider”. E+W

Commencement Information

I31 Sch. 1 para. 24 in force at 1.4.2010, see art. 1(2)

25.  In section 142 (High Court), in subsection (1), for “registered provider” substitute “private registered provider”. E+W

Commencement Information

I32 Sch. 1 para. 25 in force at 1.4.2010, see art. 1(2)

26.  In section 143 (disclosure), in subsection (1)(a) and (b), for “registered provider” substitute “private registered provider”. E+W

Commencement Information

I33 Sch. 1 para. 26 in force at 1.4.2010, see art. 1(2)

27.  After the italic heading “Insolvency etc” and before section 144 insert— E+W

“143A    Application of rules about insolvency

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

Commencement Information

I34 Sch. 1 para. 27 in force at 1.4.2010, see art. 1(2)

28.  In section 144 (preparatory steps: notice), in the first entry in the Table, for “registered provider” substitute “private registered provider”. E+W

Commencement Information

I35 Sch. 1 para. 28 in force at 1.4.2010, see art. 1(2)

29.  In section 145 (moratorium)— E+W

(a) in subsections (1) and (2), for “registered provider” substitute “private registered provider”, and

(b) in the first entry in the Table, for “registered provider” substitute “private registered provider”.

Commencement Information

I36 Sch. 1 para. 29 in force at 1.4.2010, see art. 1(2)

30.  In section 147 (further moratorium), in subsection (1)(a), for “registered provider” substitute “private registered provider”. E+W

Commencement Information

I37 Sch. 1 para. 30 in force at 1.4.2010, see art. 1(2)

31.  In section 158 (assistance by regulator), in subsections (1) and (2), for “a registered provider” substitute “the registered provider”. E+W

Commencement Information

I38 Sch. 1 para. 31 in force at 1.4.2010, see art. 1(2)

32.  In section 159 (applications to court)— E+W

(a) in subsection (1), for “A registered provider” substitute “A private registered provider”, and

(b) in subsection (2), for “a registered provider” substitute “a private registered provider”.

Commencement Information

I39 Sch. 1 para. 32 in force at 1.4.2010, see art. 1(2)

33.  After the italic heading “Restructuring and dissolution” and before section 160 insert— E+W

“159A    Application of rules about restructuring and dissolution

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

Commencement Information

I40 Sch. 1 para. 33 in force at 1.4.2010, see art. 1(2)

Chapter 5 (disposal of property) E+W

34.  At the end of the main heading to Chapter 5 insert “by private registered providers”. E+W

Commencement Information

I41 Sch. 1 para. 34 in force at 1.4.2010, see art. 1(2)

35.  In section 170 (overview), for “registered providers” substitute “private registered providers”. E+W

Commencement Information

I42 Sch. 1 para. 35 in force at 1.4.2010, see art. 1(2)

36.  In section 171 (power to dispose)— E+W

(a) in subsection (1), for “registered provider” substitute “private registered provider”, and

(b) in subsection (2), at the end insert “or to a local authority which is a registered provider”.

Commencement Information

I43 Sch. 1 para. 36 in force at 1.4.2010, see art. 1(2)

37.  In section 172 (requirement of consent), in subsection (1), for “registered provider” substitute “private registered provider”. E+W

Commencement Information

I44 Sch. 1 para. 37 in force at 1.4.2010, see art. 1(2)

38.  In section 174 (procedure), in subsection (5)(b), for “registered providers” substitute “private registered providers”. E+W

Commencement Information

I45 Sch. 1 para. 38 in force at 1.4.2010, see art. 1(2)

39.  In section 175 (disposal without consent), in subsection (1), for “registered provider” substitute “private registered provider”. E+W

Commencement Information

I46 Sch. 1 para. 39 in force at 1.4.2010, see art. 1(2)

40.  In section 177 (separate accounting), in subsection (1), for “registered provider” substitute “private registered provider”. E+W

Commencement Information

I47 Sch. 1 para. 40 in force at 1.4.2010, see art. 1(2)

41.  In section 178 (use of proceeds), in subsection (1), for “registered provider’s” substitute “private registered provider’s”. E+W

Commencement Information

I48 Sch. 1 para. 41 in force at 1.4.2010, see art. 1(2)

42.  In section 179 (application of Housing Act 1996)— E+W

(a) in subsection (1), for “registered providers” substitute “private registered providers”, and

(b) in subsection (3)(a), for “registered provider” substitute “private registered provider”.

Commencement Information

I49 Sch. 1 para. 42 in force at 1.4.2010, see art. 1(2)

43.  In section 180 (right to acquire)— E+W

(a) in subsection (1)(a), for “registered provider” substitute “private registered provider”, and

(b) in subsection (3), for “registered provider” substitute “private registered provider”.

Commencement Information

I50 Sch. 1 para. 43 in force at 1.4.2010, see art. 1(2)

44.  In section 181 (interpretation: “publicly funded”)— E+W

(a) in subsection (3)(a), for “registered provider” substitute “private registered provider”, and

(b) in subsection (4)(a), for “registered provider” substitute “private registered provider”.

Commencement Information

I51 Sch. 1 para. 44 in force at 1.4.2010, see art. 1(2)

45.  In section 182 (interpretation: “remained in the social rented sector”), in subsection (3)(a), for “registered provider” substitute “private registered provider”. E+W

Commencement Information

I52 Sch. 1 para. 45 in force at 1.4.2010, see art. 1(2)

46.  In section 184 (right to acquire: supplemental), in subsection (2)(c), for “registered providers” substitute “private registered providers”. E+W

Commencement Information

I53 Sch. 1 para. 46 in force at 1.4.2010, see art. 1(2)

47.  In section 186 (former registered providers), for “registered provider” substitute “private registered provider”. E+W

Commencement Information

I54 Sch. 1 para. 47 in force at 1.4.2010, see art. 1(2)

48.  In section 187 (change of use, etc), in subsections (1) and (2), for “a registered provider” substitute “a private registered provider”. E+W

Commencement Information

I55 Sch. 1 para. 48 in force at 1.4.2010, see art. 1(2)

49.  In section 188 (trustees), for “registered provider” substitute “private registered provider”. E+W

Commencement Information

I56 Sch. 1 para. 49 in force at 1.4.2010, see art. 1(2)

50.  In section 190 (consent to disposals under other legislation) for “registered providers” substitute “private registered providers”. E+W

Commencement Information

I57 Sch. 1 para. 50 in force at 1.4.2010, see art. 1(2)

Chapter 6 (regulatory powers) E+W

51.  In section 194 (management), in subsection (1), for “registered providers” substitute “private registered providers”. E+W

Commencement Information

I58 Sch. 1 para. 51 in force at 1.4.2010, see art. 1(2)

52.  In section 201 (inspections), after subsection (7) insert— E+W

“(7A) An inspection carried out by a person under this section is taken for the purposes of paragraph 5 of Schedule 2A to the Audit Commission Act 1998 (inspections by other inspectors of organisations within Audit Commission’s remit) to be carried out by the regulator.”

Commencement Information

I59 Sch. 1 para. 52 in force at 1.4.2010, see art. 1(2)

53.  In section 207 (inquiry: supplemental), for subsection (2) substitute— E+W

“(2) The inquirer may consider the affairs of the following categories of registered provider only so far as relating to social housing—

(a) profit-making organisations;

(b) local authorities.”

Commencement Information

I60 Sch. 1 para. 53 in force at 1.4.2010, see art. 1(2)

54.  In section 210 (extraordinary audit), in subsection (1), for “a registered provider” substitute “a private registered provider”. E+W

Commencement Information

I61 Sch. 1 para. 54 in force at 1.4.2010, see art. 1(2)

55.  After that section insert— E+W

“210A    Extraordinary report: local authorities

(1) Where an inquiry in respect of a local authority is being held, or has been held, under section 206, the Audit Commission must, at the request of the regulator, report to the regulator on the accounts and balance sheet of the local authority, so far as they relate to the provision of social housing.

(2) A report under this section may include in particular—

(a) any matter that may be included in a report during or on completion of an audit of the local authority’s accounts under Part 2 of the Audit Commission Act 1998, and

(b) copies of or extracts from any such report that has already been made.

(3) The Audit Commission may arrange for a report under this section to be prepared by an auditor (within the meaning of the Audit Commission Act 1998).

(4) The local authority shall pay the Audit Commission’s costs of preparing the report.

(5) “The Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England.”

Commencement Information

I62 Sch. 1 para. 55 in force at 1.4.2010, see art. 1(2)

Chapter 7 (enforcement) E+W

56.—(1) Section 220 (grounds for giving notice) is amended as follows. E+W

(2) In subsection (2), after “standard” insert “applicable to it”.

(3) In subsection (7), for “the assets of the registered provider” substitute “the registered provider is a private registered provider and its assets”.

(4) For subsection (9) substitute—

“(9) Case 8 is where the registered provider has failed to pay—

(a) in the case of a private registered provider, an annual fee under section 117(1)(b);

(b) in the case of a local authority, an initial fee or an annual fee under section 117(1)(a) or (b).”

Commencement Information

I63 Sch. 1 para. 56 in force at 1.4.2010, see art. 1(2)

57.  For section 222 substitute— E+W

“222    Notifying HCA etc

If the regulator gives an enforcement notice it must send a copy—

(a) to the HCA, and

(b) in the case of an enforcement notice given to a local authority, to the Secretary of State.”

Commencement Information

I64 Sch. 1 para. 57 in force at 1.4.2010, see art. 1(2)

58.  In section 226 (overview), for “registered providers” substitute “private registered providers”. E+W

Commencement Information

I65 Sch. 1 para. 58 in force at 1.4.2010, see art. 1(2)

59.—(1) Section 227 (grounds for imposition) is amended as follows. E+W

(2) In subsection (1), for “registered provider” substitute “private registered provider”.

(3) In subsection (6), for “117(2)” substitute “117(1)(b)”.

Commencement Information

I66 Sch. 1 para. 59 in force at 1.4.2010, see art. 1(2)

60.  In section 236 (overview), for “registered provider” substitute “private registered provider”. E+W

Commencement Information

I67 Sch. 1 para. 60 in force at 1.4.2010, see art. 1(2)

61.  In section 237 (grounds for award), in subsection (1), for “registered provider” substitute “private registered provider”. E+W

Commencement Information

I68 Sch. 1 para. 61 in force at 1.4.2010, see art. 1(2)

62.  In section 242 (warning), in subsection (1), for “registered provider” substitute “private registered provider”. E+W

Commencement Information

I69 Sch. 1 para. 62 in force at 1.4.2010, see art. 1(2)

63.  In section 245 (appeal) for “registered provider” substitute “private registered provider”. E+W

Commencement Information

I70 Sch. 1 para. 63 in force at 1.4.2010, see art. 1(2)

64.—(1) Section 247 (management tender) is amended as follows. E+W

(2) In subsection (1)(a), after “standard” insert “applicable to it”.

(3) In subsection (4)(b), after “practice” insert “(and consistent with any applicable procurement law)”.

Commencement Information

I71 Sch. 1 para. 64 in force at 1.4.2010, see art. 1(2)

65.—(1) Section 248 (section 247: supplemental) is amended as follows. E+W

(2) In subsection (4)—

(a) omit “and” at the end of paragraph (a), and

(b) for paragraph (b) substitute—

“(b) the Secretary of State (if the notice is given to a local authority), and

(c) any other persons the regulator thinks appropriate.”

(3) In subsection (7)—

(a) omit “and” at the end of paragraph (c), and

(b) for paragraph (d) substitute—

“(d) the Secretary of State (if the registered provider is a local authority), and

(e) if the regulator thinks it appropriate, any relevant local housing authority.”

(4) For subsection (8) substitute—

“(8) If the regulator imposes a requirement it must send a copy—

(a) to the HCA, and

(b) in the case of a requirement imposed on a local authority, to the Secretary of State.”

Commencement Information

I72 Sch. 1 para. 65 in force at 1.4.2010, see art. 1(2)

66.—(1) Section 250 (section 249: supplemental) is amended as follows. E+W

(2) In subsection (4)—

(a) omit “and” at the end of paragraph (a), and

(b) for paragraph (b) substitute—

“(b) in the case of a notice given to a local authority, the Secretary of State, and

(c) any other persons the regulator thinks appropriate (having regard, in particular, to any person who provided information as a result of which the notice is given).”

(3) In subsection (7)—

(a) omit “and” at the end of paragraph (c), and

(b) for paragraph (d) substitute—

“(d) if the requirement would be imposed on a local authority, the Secretary of State, and

(e) if the regulator thinks it appropriate, any relevant local housing authority.”

(4) For subsection (8) substitute—

“(8) If the regulator imposes a requirement it must send a copy—

(a) to the HCA, and

(b) in the case of a requirement imposed on a local authority, to the Secretary of State.”

Commencement Information

I73 Sch. 1 para. 66 in force at 1.4.2010, see art. 1(2)

67.  After section 250 insert— E+W

“250A    Sections 247 and 249: local authorities

(1) This section makes further provision about the application of sections 247 and 249 in a case where the registered provider is a local authority.

(2) The regulator may act under those sections even if the local authority already has a management agreement in place.

(3) But while a section 247 or 249 arrangement is in force, the local authority may not give effect to a management agreement as respects functions of the authority which are the subject of the arrangement.

(4) Any duty the local authority may have to consult with respect to the exercise of its management functions (for example, a duty arising by virtue of section 27BA of the Housing Act 1985) does not apply so far as it is acting pursuant to a requirement imposed on it under section 247 or 249.

(5) A section 247 or 249 arrangement—

(a) is not to be considered a management agreement, but

(b) subsections (13) and (15) of section 27 of the Housing Act 1985 apply to it as they apply to a management agreement.

(6) In this section—

“management agreement” has the meaning given by section 27(2)(a) and 27B(4) of the Housing Act 1985;

“section 247 or 249 arrangement” means an arrangement which is entered into pursuant to a requirement imposed on a local authority under section 247 or 249 and by which functions of the authority are to be exercised by a manager on its behalf.”

Commencement Information

I74 Sch. 1 para. 67 in force at 1.4.2010, see art. 1(2)

68.  In section 251 (appointment of manager)— E+W

(a) in subsection (1)(a) and (b), for “registered provider” substitute “private registered provider”, and

(b) accordingly, in the heading, insert “of private registered provider” at the end.

Commencement Information

I75 Sch. 1 para. 68 in force at 1.4.2010, see art. 1(2)

69.  In section 252 (section 251: supplemental), in subsection (9), for “registered provider” substitute “private registered provider”. E+W

Commencement Information

I76 Sch. 1 para. 69 in force at 1.4.2010, see art. 1(2)

70.  After section 252 insert— E+W

“252A    Appointment of advisers to local authorities

(1) This section applies to a registered provider which is a local authority.

(2) The power in subsection (3) is exercisable if the regulator thinks—

(a) that it is necessary to exercise it for the proper management of the authority’s affairs so far as they relate to the provision of social housing (its “social housing affairs”), or

(b) that it is desirable to exercise it in the interests of securing better services for the authority’s tenants.

(3) The regulator may—

(a) appoint one or more advisers to assist the authority in relation to its social housing affairs (or a particular aspect of those affairs), or

(b) require the authority to appoint one or more advisers for that purpose.

(4) Appointment shall be on terms and conditions (including as to remuneration) specified in, or determined in accordance with, the appointment or requirement.

(5) A requirement under subsection (3)(b) may specify a process which the authority is required to implement for selecting and appointing advisers.

(6) The authority must cooperate with any advisers appointed by virtue of this section.”

Commencement Information

I77 Sch. 1 para. 70 in force at 1.4.2010, see art. 1(2)

71.  In section 253 (transfer of land)— E+W

(a) in subsection (1)(a) and (b), for “registered provider” substitute “private registered provider”,

(b) in subsection (2)(b), for “registered provider” substitute “private registered provider”, and

(c) accordingly, in the heading, insert “by private registered provider” at the end.

Commencement Information

I78 Sch. 1 para. 71 in force at 1.4.2010, see art. 1(2)

72.  In the italic heading above section 256, insert “by non-profit registered providers” at the end. E+W

Commencement Information

I79 Sch. 1 para. 72 in force at 1.4.2010, see art. 1(2)

73.  In the italic heading above section 259, insert “of non-profit registered providers” at the end. E+W

Commencement Information

I80 Sch. 1 para. 73 in force at 1.4.2010, see art. 1(2)

74.  After section 269 insert— E+W

“Censure of local authority employees E+W

269A    Local authorities: censure during or following inquiry

(1) The regulator may give a censure notice to a local authority if—

(a) an inquiry under section 206 is in progress in respect of the authority, and

(b) either of the following cases applies.

(2) Case 1 applies if the regulator has reasonable grounds for believing—

(a) that the affairs of the authority have been mismanaged, and

(b) that the interests of tenants of the authority, or its assets, require protection.

(3) Case 2 applies if as a result of an inquirer’s interim report under section 207 the regulator is satisfied that the affairs of the authority have been mismanaged.

(4) The regulator may also give a censure notice to a local authority if, as a result of an inquiry under section 206, the regulator is satisfied that the affairs of the authority have been mismanaged.

(5) A censure notice is a notice identifying an employee or agent of the authority who the regulator thinks has contributed to the failure or mismanagement.

(6) The notice must include the regulator’s reasons.

(7) The regulator shall send a copy of the notice to the employee or agent concerned.

(8) No more than one employee or agent may be identified in a censure notice (but this does not prevent several notices being given in respect of the same failure or mismanagement).

(9) Members of local authorities may not be identified in censure notices.

269B    Response to censure notice

(1) A local authority to whom a censure notice is given under section 269A must respond to the regulator in writing within 28 days of receipt of the notice.

(2) The response must—

(a) explain what action (if any) the authority has taken or proposes to take in relation to the employee or agent,

(b) explain why the authority does not think the employee or agent has contributed to the failure or mismanagement, or

(c) explain why the authority does not think its affairs have been mismanaged.”

Commencement Information

I81 Sch. 1 para. 74 in force at 1.4.2010, see art. 1(2)

Chapter 8 (general) E+W

75.  In section 270 (officer), for “registered provider”, in each place it occurs, substitute “private registered provider”. E+W

Commencement Information

I82 Sch. 1 para. 75 in force at 1.4.2010, see art. 1(2)

76.  In section 276 (index of defined terms), insert the following entries in their appropriate place alphabetically in the Table— E+W

Expression	Section
Censure notice	Section 269A
Private registered provider (of social housing)	Section 80

Commencement Information

I83 Sch. 1 para. 76 in force at 1.4.2010, see art. 1(2)

Article 6

SCHEDULE 2 E+W Amendment of other enactments

Interpretation Act 1978 E+W

1.  In Schedule 1 to the Interpretation Act 1978(2) (defined expressions), for the definition of “registered provider of social housing” substitute—

““Registered provider of social housing” and “private registered provider of social housing” have the meanings given by section 80 of the Housing and Regeneration Act 2008 (and “non-profit” and “profit-making” in connection with a registered provider are to be read in accordance with section 115 of that Act).”

Commencement Information

I84 Sch. 2 para. 1 in force at 1.4.2010, see art. 1(2)

County Courts Act 1984 E+W

2.  In section 60A of the County Courts Act 1984(3) (rights of audience etc of employees of housing management bodies), in subsection (7), for the definition of “housing management agreement” substitute—

““housing management agreement” means—

(a)

an agreement under section 27 of the Housing Act 1985 (including an agreement to which section 27B(2) or (3) applies), or

(b)

a section 247 or 249 arrangement, as defined by section 250A(6) of the Housing and Regeneration Act 2008.”

Commencement Information

I85 Sch. 2 para. 2 in force at 1.4.2010, see art. 1(2)

Housing Act 1985 E+W

3.  The Housing Act 1985(4) is amended as follows.

Commencement Information

I86 Sch. 2 para. 3 in force at 1.4.2010, see art. 1(2)

4.  In section 12 (provision of shops, recreation grounds etc), after subsection (3) insert—

“(4) The Secretary of State shall consult the Regulator of Social Housing before deciding whether to consent under this section to anything within the Regulator’s remit.”

Commencement Information

I87 Sch. 2 para. 4 in force at 1.4.2010, see art. 1(2)

5.  In section 19 (appropriation of land), after subsection (3) insert—

“(4) The Secretary of State shall consult the Regulator of Social Housing before deciding whether to consent under this section to anything within the Regulator’s remit.”

Commencement Information

I88 Sch. 2 para. 5 in force at 1.4.2010, see art. 1(2)

6.  In section 21 (general powers of management), at the end of subsection (2) insert “and to any requirement imposed on the authority under Part 2 of the Housing and Regeneration Act 2008”.

Commencement Information

I89 Sch. 2 para. 6 in force at 1.4.2010, see art. 1(2)

7.  In section 23 (byelaws), after subsection (3) insert—

“(4) Byelaws made under this section by a local housing authority in England are to be read subject to any requirement imposed on the authority under Part 2 of the Housing and Regeneration Act 2008.”

Commencement Information

I90 Sch. 2 para. 7 in force at 1.4.2010, see art. 1(2)

8.  In section 24 (rents), after subsection (4) insert—

“(5) In exercising their functions under this section, a local housing authority in England shall have regard in particular to any relevant standards set for them under section 193 of the Housing and Regeneration Act 2008.”

Commencement Information

I91 Sch. 2 para. 8 in force at 1.4.2010, see art. 1(2)

9.—(1) Section 27 (management agreements) is amended as follows.

(2) In subsection (4), for “Secretary of State” substitute “appropriate Minister”.

(3) In subsection (6), for “Secretary of State”, in each place it occurs, substitute “appropriate authority”.

(4) In subsection (7)—

(a) for “Secretary of State” substitute “appropriate authority”, and

(b) for “his approval” substitute “the appropriate authority’s approval”.

(5) In subsection (8), for “Secretary of State”, in each place it occurs, substitute “appropriate authority”.

(6) In subsection (10), for the words from “the approval” to “his approval” substitute “the approval of the appropriate authority, the appropriate authority may extend the moratorium period if it is satisfied that it will not give its approval”.

(7) In subsection (11), for “Secretary of State” substitute “appropriate authority”.

(8) In subsection (12), for “Secretary of State” substitute “appropriate authority”.

(9) In subsection (16), for “Secretary of State” substitute “appropriate Minister”.

(10) In subsection (17), for paragraph (c) substitute—

“(c) shall be made by statutory instrument which shall be subject to annulment in pursuance of—

(i) in the case of regulations made by the Secretary of State, a resolution of either House of Parliament;

(ii) in the case of regulations made by the Welsh Ministers, a resolution of the National Assembly for Wales.”

(11) For subsection (18) substitute—

“(18) In this section—

“sub-agreement” means an agreement made by a manager and another person pursuant to a provision included in an agreement by virtue of subsection (5)(a);

“the appropriate authority” means—

(a)

in relation to a local housing authority in England which is a registered provider of social housing, the Regulator of Social Housing;

(b)

in relation to any other local housing authority in England, the Secretary of State;

(c)

in relation to a local housing authority in Wales, the Welsh Ministers;

“the appropriate Minister” means—

(a)

in relation to a local housing authority in England, the Secretary of State;

(b)

in relation to a local housing authority in Wales, the Welsh Ministers.”

Commencement Information

I92 Sch. 2 para. 9 in force at 1.4.2010, see art. 1(2)

10.—(1) The amendments made by paragraph 9 do not affect the validity of anything done under section 27 of the Housing Act 1985 before the date on which this Schedule comes into force.

(2) As respects functions transferred to the regulator by those amendments—

(a) an approval given, or moratorium period or circumstance specified, by the Secretary of State before that date has effect, so far as necessary for continuing its effect on and after that date, as if given, or specified, by the regulator,

(b) the regulator may do anything further in relation to it that the Secretary of State could have done, had the functions not been transferred, and

(c) the regulator may continue anything that is in the process of being done immediately before that date.

Commencement Information

I93 Sch. 2 para. 10 in force at 1.4.2010, see art. 1(2)

11.  In section 27AB (management agreements with tenant management organisations), in subsection (8)—

(a) in the definition of “previous agreement”, after “management agreement” insert “, or a section 247 or 249 arrangement,”, and

(b) insert the following definition in the appropriate place—

““section 247 or 249 arrangement” has the meaning given by section 250A(6) of the Housing and Regeneration Act 2008;”.

Commencement Information

I94 Sch. 2 para. 11 in force at 1.4.2010, see art. 1(2)

12.  In section 32 (power to dispose of land held for housing purposes), after subsection (5) insert—

“(6) The Secretary of State shall consult the Regulator of Social Housing before deciding whether to consent under this section to anything within the Regulator’s remit.”

Commencement Information

I95 Sch. 2 para. 12 in force at 1.4.2010, see art. 1(2)

13.  In section 33 (covenants and conditions which may be imposed), after subsection (4) insert—

“(5) The Secretary of State shall consult the Regulator of Social Housing before deciding whether to consent under this section to anything within the Regulator’s remit.”

Commencement Information

I96 Sch. 2 para. 13 in force at 1.4.2010, see art. 1(2)

14.  In section 34A (requirements to co-operate in relation to certain disposals), in subsection (9), in paragraph (a) of the definition of “relevant housing provider”, for “registered provider” substitute “private registered provider”.

Commencement Information

I97 Sch. 2 para. 14 in force at 1.4.2010, see art. 1(2)

15.  In section 43 (consent required for certain disposals not within section 32), after subsection (5A) insert—

“(6) The Secretary of State shall consult the Regulator of Social Housing before deciding whether to consent under this section to anything within the Regulator’s remit.”

Commencement Information

I98 Sch. 2 para. 15 in force at 1.4.2010, see art. 1(2)

16.  In section 56 (minor definitions)—

(a) the existing provision becomes subsection (1),

(b) at the end of that subsection insert—

““social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008.”, and

(c) after that subsection insert—

“(2) For the purposes of this Part, something is within the remit of the Regulator of Social Housing if it is related to or affects the provision of social housing by a local housing authority, or county council, in England.”

Commencement Information

I99 Sch. 2 para. 16 in force at 1.4.2010, see art. 1(2)

17.  In section 171D (consent to certain disposals of housing obtained subject to preserved right to buy), in subsection (2A)(a), for “registered provider” substitute “private registered provider”.

Commencement Information

I100 Sch. 2 para. 17 in force at 1.4.2010, see art. 1(2)

18.  In section 427A (entitlement to subsidy in case of land subject to management agreement)—

(a) the existing provision becomes subsection (1), and

(b) after that subsection insert—

“(2) Reference in subsection (1) to a management agreement includes a section 247 or 249 arrangement, as defined by section 250A(6) of the Housing and Regeneration Act 2008.”

Commencement Information

I101 Sch. 2 para. 18 in force at 1.4.2010, see art. 1(2)

19.  In Schedule 3 (grounds for withholding consent to assignment by way of exchange), in Ground 10, at the end insert—

“Reference to a management agreement includes a section 247 or 249 arrangement, as defined by section 250A(6) of the Housing and Regeneration Act 2008.”

Commencement Information

I102 Sch. 2 para. 19 in force at 1.4.2010, see art. 1(2)

Local Government Act 1988 E+W

20.  In section 26 of the Local Government Act 1988(5) (consents under section 25 for provision of financial assistance etc), after subsection (2) insert—

“(2A) Before determining whether to consent under section 25 to the exercise of a power, the Secretary of State shall consult the Regulator of Social Housing if—

(a) the power is to be exercised by a local authority in England, and

(b) exercise of the power would involve the disposal by the authority of social housing (within the meaning of Part 2 of the Housing and Regeneration Act 2008).”

Commencement Information

I103 Sch. 2 para. 20 in force at 1.4.2010, see art. 1(2)

Housing Act 1988 E+W

21.—(1) The Housing Act 1988(6) is amended as follows.

(2) In section 81 (consent to certain disposals of housing obtained from housing action trusts), in subsection (3A)(a), for “registered provider” substitute “private registered provider”.

(3) In section 133 (consent to certain disposals of housing obtained from local authorities)—

(a) in subsection (1ZA)(a), for “registered provider” substitute “private registered provider”, and

(b) in subsection (1B), for “registered provider” substitute “private registered provider”.

(4) In Part 1 of Schedule 1 (tenancies which cannot be assured tenancies), in paragraph 12ZA(3), for “registered provider” substitute “private registered provider”.

Commencement Information

I104 Sch. 2 para. 21 in force at 1.4.2010, see art. 1(2)

Local Government and Housing Act 1989 E+W

22.  In section 173 of the Local Government and Housing Act 1989(7) (consent to certain disposals of housing obtained from new town corporations), in subsection (1A)(a), for “registered provider” substitute “private registered provider”.

Commencement Information

I105 Sch. 2 para. 22 in force at 1.4.2010, see art. 1(2)

Housing Act 1996 E+W

23.—(1) The Housing Act 1996(8) is amended as follows.

(2) In section 16 (right to acquire), for “registered provider”, in each place where it occurs, substitute “private registered provider”.

(3) In section 20 (purchase grant where right to acquire exercised)—

(a) in subsection (1), for “registered providers” substitute “private registered providers”, and

(b) in subsection (4), for “registered provider” substitute “private registered provider”.

(4) In section 21 (purchase grant in respect of other disposals)—

(a) in subsection (1), for “registered providers” substitute “private registered providers”, and

(b) in subsection (4), for “registered provider” substitute “private registered provider”.

(5) In section 51 (schemes for investigation of complaints), in subsection (2)(a), for “registered provider” substitute “private registered provider”.

Commencement Information

I106 Sch. 2 para. 23 in force at 1.4.2010, see art. 1(2)

Audit Commission Act 1998 E+W

24.—(1) The Audit Commission Act 1998(9) is amended as follows.

(2) In section 40—

(a) in subsection (1), for “registered providers” substitute “private registered providers”, and

(b) accordingly, in the heading, for “registered providers” substitute “private registered providers”.

(3) In section 41C (advice and assistance for registered providers of social housing)—

(a) in subsection (1), for “registered provider”, in both places it occurs, substitute “private registered provider”, and

(b) accordingly, in the heading, for “registered providers” substitute “private registered providers”.

(4) In section 49 (restriction on disclosure of information), in subsection (1), after paragraph (cb) insert—

“(cc) for the purposes of the functions of the Regulator of Social Housing under Part 2 of the Housing and Regeneration Act 2008;”.

(5) In Schedule 2A (interaction with other authorities), in paragraph 1(1)—

(a) omit “or” at the end of paragraph (f),

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

(c) after that paragraph insert—

“(i) the Regulator of Social Housing.”.

Commencement Information

I107 Sch. 2 para. 24 in force at 1.4.2010, see art. 1(2)

Finance Act 2003 E+W

25.  In Schedule 9 to the Finance Act 2003(10) (stamp duty land tax: right to buy, shared ownership leases etc)—

(a) in paragraph 1(5), for “registered provider” substitute “private registered provider”,

(b) in paragraph 5(2)(g) and (2A), for “registered provider” substitute “private registered provider”, and

(c) in paragraph 7(7) and (8), for “registered provider” substitute “private registered provider”.

Commencement Information

I108 Sch. 2 para. 25 in force at 1.4.2010, see art. 1(2)

Housing and Regeneration Act 2008 E+W

26.—(1) The Housing and Regeneration Act 2008(11) is amended as follows.

(2) In section 31 (duties in relation to social housing)—

(a) in subsections (2), (4), (6) and (8), for “relevant provider of low cost rental accommodation” substitute “registered provider of social housing”, and

(b) in subsection (12), omit the definitions of “English local housing authority” and “relevant provider of low cost rental accommodation”.

(3) In section 35 (duty to give financial assistance in respect of certain disposals), in subsection (6)—

(a) in the definition of “registered provider of social housing”, for “registered provider” substitute “private registered provider”, and

(b) in paragraph (a) of the definition of “relevant provider of social housing”, for “registered provider” substitute “private registered provider”.

Commencement Information

I109 Sch. 2 para. 26 in force at 1.4.2010, see art. 1(2)

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision for the registration of English local housing authorities and county councils under Part 2 of the Housing and Regeneration Act 2008 (c.17), by the Regulator of Social Housing. Part 2 of the Housing and Regeneration Act 2008 regulates English providers of social housing.

Article 3 requires the Regulator of Social Housing to register an English local authority that is a provider of social housing or intends to become one. It is compulsory for such local authorities to be registered.

Articles 4 to 6 and Schedules 1 and 2 make consequential amendments. A distinction is made between local authorities and other registered providers who are referred to in Part 2 of the Housing and Regeneration Act 2008 as ‘private registered providers’. Unlike local authorities, private registered providers remain subject to regulation only if they voluntarily register. Amendments are made to recognise the status of local authorities so that certain parts of the regulatory regime which are not relevant do not apply. Specific provision is made for local authorities so that regulation by the Regulator of Social Housing is co-ordinated with the supervision of local authorities by the Audit Commission. The consequential amendments have the same extent as the provision to which they relate and so extend to England and Wales (see for example the amendments to section 27 of the Housing Act 1985 (c.68)).

Article 7 makes transitional provision so that the Regulator of Social Housing or the Secretary of State may exercise certain powers in relation to local authorities that will be registered in advance of the requirement to be registered coming into force.

(1)

2008 c. 17.

(2)

1978 c. 30. The definition of “registered provider of social housing” was inserted by paragraph 5 of Schedule 9 to the Housing and Regeneration Act 2008 (c.17).

(3)

1984 c. 28. Section 60A was inserted by section 191 of the Legal Services Act 2007 (c.29). Section 191 of the Legal Services Act 2007 comes into force on a date to be appointed under that Act.

(4)

1985 c. 68. Section 27AB was inserted by section 132 of the Leasehold Reform, Housing and Urban Development Act 1993 (c.28). Section 34A was inserted by section 296 of the Housing and Regeneration Act 2008 (c.17). Section 171D (2A) was inserted by section 191 of the Housing and Regeneration Act 2008. Section 427A was inserted by section 24 of the Housing and Planning Act 1986 (c.63).

(5)

1988 c. 9

(6)

1988 c. 50. Sections 81(3A) and 133(1ZA) and (1B) were inserted by section 191 of the Housing and Regeneration Act 2008 (c.17). Paragraph 12ZA of Schedule 1 was inserted by section 297 of the Housing and Regeneration Act.

(7)

1989 c. 42. Section 173(1A) was inserted by section 191 of the Housing and Regeneration Act 2008 (c.17).

(8)

1996 c. 52. Sections 16, 20 and 21 were amended by section 185 of the Housing and Regeneration 2008 (c.17). Section 51 was amended by section 124 of the Housing and Regeneration Act 2008.

(9)

1998 c. 18. Section 40 was substituted by paragraph 20 of Schedule 9 to the Housing and Regeneration Act 2008 (c.17). Section 41C was inserted by section 155 of the Local Government and Public Involvement in Health Act 2007 (c.28) and amended by paragraph 23 of Schedule 9 to the Housing and Regeneration Act 2008. Schedule 2A was inserted by section 149 of the Local Government and Public Involvement in Health Act 2007.

(10)

2003 c.14. Paragraph 1(5) of Schedule 9 was amended by paragraph 32 of Schedule 9 to the Housing and Regeneration Act 2008 (c.17). Paragraphs 5(2(g) and (2A) and 7(7) and (8) of Schedule 9 were inserted by section 81 of the Finance Act 2009 (c.10).

(11)

2008 c. 17.