Social Housing (Regulation) Act 2023

1. Introductory Text

2. The Regulator of Social Housing

   1. 1. Fundamental objectives

   2. 2. Advisory panel

   3. 3. Collection of information

   4. 4. Power to charge fees

   5. 5. Relationship between regulator and housing ombudsman

3. Registration of providers of social housing

   1. 6. Meaning of “English body”

   2. 7. Registration criteria

   3. 8. Designation

   4. 9. De-registration

4. Duties of registered providers

   1. 10. Appointment of health and safety lead by registered provider

   2. 11. Electrical safety standards

5. Registered providers: insolvency, restructuring etc

   1. 12. Moratorium on disposal of land

   2. 13. Limited liability partnerships

   3. 14. Insolvency of registered providers

   4. 15. Notification requirements: expansion to profit-making organisations

   5. 16. Conversion of company into registered society: continuation of registration

   6. 17. Restructuring of registered societies

   7. 18. Receipt of transfers of engagements from a registered society

   8. 19. Notification of constitutional changes

   9. 20. Notification of change of control

6. Standards

   1. 21. Standards relating to competence and conduct

   2. 22. Standards relating to information and transparency

   3. 23. Code of practice: standards relating to consumer matters

   4. 24. Direction by Secretary of State

   5. 25. Secretary of State’s duty to give direction about providing information to tenants

   6. 26. Failure to meet standards: exercise of intervention powers

   7. 27. Performance monitoring

7. Monitoring and enforcement

   1. 28. Surveys

   2. 29. Inspection plan

   3. 30. Action after inspection

   4. 31. Performance improvement plans

   5. 32. Emergency remedial action

   6. 33. Extension of powers to charities who have not received public assistance

   7. 34. Notification of Charity Commission of exercise of enforcement powers

   8. 35. Exercise of powers: land with a Crown or Duchy interest

   9. 36. Regulatory and enforcement powers: further amendments

8. Social housing

   1. 37. Leaving the social housing stock: end of lease

9. Meaning of “subsidiary”

   1. 38. Meaning of “subsidiary”

10. Appeals

    1. 39. Appeals

11. Housing ombudsman

    1. 40. Housing ombudsman scheme

    2. 41. Power of housing ombudsman to issue guidance to scheme members

12. Social housing leases: remedying hazards

    1. 42. Social housing leases: remedying hazards

13. General

    1. 43. Minor and consequential amendments

    2. 44. Power to make consequential provision

    3. 45. Extent

    4. 46. Commencement

    5. 47. Short title

14. Schedules

    1. Schedule 1

       Limited liability partnerships

       1. Part 1 Amendments of the Housing and Planning Act 2016

          1. 1. Introductory

          2. 2. Extension of housing administration regime

          3. 3. In section 100 (powers of court: meaning of “relevant officer”),...

          4. 4. Restrictions on insolvency procedures

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

          6. 6. In section 105 (voluntary winding up), in subsection (1), after...

          7. 7. In section 106 (ordinary administration orders)— (a) in subsection (1),...

          8. 8. In section 107 (administrator appointments by creditors)—

          9. 9. Interpretation

       2. Part 2 Amendments of the Housing and Regeneration Act 2008

          1. 10. Introductory

          2. 11. Notice of registration or de-registration

          3. 12. Accounts

          4. 13. (1) Section 130 (exempt companies: accountant’s report) is amended as...

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

          6. 15. (1) Section 132 (application of Companies Act) is amended as...

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

          8. 17. In section 141 (offences), in subsection (6), omit the words...

          9. 18. Moratorium on disposal of land

          10. 19. Arrangements and reconstructions

          11. 20. Meaning of “officer”

    2. Schedule 2

       Amendments to restrictions on insolvency procedures

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

       2. 2. In section 104 (winding-up orders), after subsection (2) insert—

       3. 3. In section 105 (voluntary winding up), after subsection (4) insert—...

       4. 4. In section 106 (ordinary administration orders), after subsection (3) insert—...

       5. 5. In section 107 (appointment of administrator)— (a) in the heading,...

       6. 6. In section 108 (enforcement of security)— (a) in subsection (1),...

    3. Schedule 3

       Regulatory and enforcement powers

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

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

       3. 3. In section 206 (inquiry)— (a) for subsection (1) substitute—

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

       5. 5. In section 227 (grounds for imposition of penalty), in subsection...

       6. 6. In section 229 (amount of penalty)— (a) in subsection (2),...

       7. 7. In section 249 (management transfer), in subsection (1)—

       8. 8. In section 251 (appointment of manager of a private registered...

       9. 9. In section 252 (supplementary provisions about appointment of manager)—

       10. 10. In section 252A (appointment of advisers to local authorities), in...

       11. 11. In section 253 (transfer of land by private registered provider),...

       12. 12. In section 255 (amalgamation), in subsection (1)—

       13. 13. In section 256 (restrictions on dealings during inquiry)—

       14. 14. In section 257 (restrictions on dealings following inquiry), in subsection...

       15. 15. In section 259 (suspension of officer etc during inquiry)—

       16. 16. In section 260 (removal or suspension of officer etc following...

       17. 17. In section 266 (removal of officers)— (a) in subsection (1),...

       18. 18. In section 269 (appointment of new officers)—

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

       20. 20. In section 269B (response to censure notice), in subsection (2)(c),...

    4. Schedule 4

       Appeals

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

       2. 2. In section 115 (profit-making and non-profit organisations), in subsection (9),...

       3. 3. In section 116 (voluntary registration), after subsection (2) insert—

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

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

       6. 6. In section 223 (enforcement notice: appeal)— (a) the existing text...

       7. 7. In section 235 (penalty notice: appeals)— (a) the existing text...

       8. 8. In section 245 (compensation notice: appeals)— (a) the existing text...

       9. 9. In section 247 (management tender), in subsection (2), after “may”...

       10. 10. In section 248 (management tender: procedure and appeals), after subsection...

       11. 11. In section 249 (management transfer), in subsection (2), after “may”...

       12. 12. In section 250 (management transfer: procedure and appeals), after subsection...

       13. 13. In section 251 (appointment of manager), in subsection (2), after...

       14. 14. In section 252 (appointment of manager: procedure and appeals), after...

       15. 15. In section 259 (suspension of officer etc during inquiry), after...

       16. 16. In section 260 (removal or suspension of officer etc following...

       17. 17. In section 267 (removal of officers: supplemental), after subsection (1)...

       18. 18. In section 268 (removal or suspension of officer etc: appeals)—...

    5. Schedule 5

       Minor and consequential amendments

       1. Part 1 Housing and Regeneration Act 2008

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

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

          3. 3. In section 74A (leaving the social housing stock: private providers),...

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

          5. 5. In section 92K (fundamental objectives), in subsections (2)(a) and (3)(d),...

          6. 6. In section 96 (evidence), in paragraph (d), for “an ombudsman...

          7. 7. In section 112 (eligibility for voluntary registration)—

          8. 8. Omit section 113.

          9. 9. In section 114 (registration of local authorities)—

          10. 10. In section 114A (local authorities: duty to notify), in subsection...

          11. 11. In section 122 (payments to members etc), in subsection (6),...

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

          13. 13. In section 153 (moratorium: process for proposals)—

          14. 14. Before section 169A (but after the heading before that section)...

          15. 15. In section 169D (directions about notifications)— (a) for “169C”, in...

          16. 16. In section 192 (overview of Chapter 6)—

          17. 17. In section 193 (standards relating to consumer matters)—

          18. 18. In section 194 (standards relating to economic matters), omit subsection...

          19. 19. In section 197 (direction by Secretary of State), in subsection...

          20. 20. In section 198 (supplemental provisions about standards), after subsection (5)...

          21. 21. In section 203(3) (inspector’s powers), for “107(3) to (7)” substitute...

          22. 22. In section 208(4) (inquirer’s powers), for “107(3) to (7)” substitute...

          23. 23. In section 215 (guidance about use of intervention powers) omit—...

          24. 24. In section 216 (consultation), in paragraph (b), at the end...

          25. 25. In section 217 (accreditation)— (a) in subsection (4)(b), after “193”...

          26. 26. In section 218 (exercise of enforcement powers)—

          27. 27. In section 220 (grounds for giving enforcement notice)—

          28. 28. In section 227 (grounds for imposition of a penalty), omit...

          29. 29. In section 237 (grounds for award of compensation), omit subsection...

          30. 30. In section 239 (housing ombudsman compensation), in subsection (1), for...

          31. 31. In section 242 (warning before giving compensation notice), in subsection...

          32. 32. In section 247 (grounds for requiring management tender), in subsection...

          33. 33. In section 251 (grounds for appointing manager), in subsection (1),...

          34. 34. In section 256 (restrictions on dealings during an inquiry), in...

          35. 35. In section 258 (restrictions on dealings: supplemental), in subsection (3),...

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

          37. 37. In section 259 (suspension during inquiry), in subsection (2), for...

          38. 38. In section 264 (offence of acting as an officer while...

          39. 39. In section 269 (appointment of new officers), in subsection (1)(c),...

          40. 40. In section 269A (local authorities: censure during or following inquiry),...

          41. 41. Omit section 274 (definition of charities that have “received public...

          42. 42. In section 275 (general), for the definition of “local authority”...

          43. 43. In section 276 (index of defined terms)—

          44. 44. After section 276A (inserted by section 35) insert— Data protection...

          45. 45. In section 278A (power to nominate bodies for consultation purposes),...

          46. 46. In section 320 (orders and regulations), in subsection (7)(a), for...

       2. Part 2 Other Acts

          1. 47. In Schedule 17 to the Localism Act 2011 (regulation of...

          2. 48. Omit section 30 of the Welfare Reform and Work Act...

          3. 49. (1) Section 2 of the Leasehold Reform (Ground Rent) Act...