C5Part I Social rented sector
Chapter I Registered social landlords
Registration
C11 The register of social landlords.
1
F31A
In this Part “the Relevant Authority” means the Housing Corporation or the Secretary of State, as provided by section 56.
1B
The register maintained by the Housing Corporation shall be maintained at its head office.
F42
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I12 Eligibility for registration.
1
A body is eligible for registration as a social landlord if it is—
a
a registered charity which is a housing association,
b
a society registered under the M1Industrial and Provident Societies Act 1965 which satisfies the conditions in subsection (2), or
c
a company registered under the M2Companies Act 1985 which satisfies those conditions.
2
The conditions are that the body is non-profit-making and is established for the purpose of, or has among its objects or powers, the provision, construction, improvement or management of—
a
houses to be kept available for letting,
b
houses for occupation by members of the body, where the rules of the body restrict membership to persons entitled or prospectively entitled (as tenants or otherwise) to occupy a house provided or managed by the body, or
c
hostels,
and that any additional purposes or objects are among those specified in subsection (4).
3
For the purposes of this section a body is non-profit-making if—
a
it does not trade for profit, or
b
its constitution or rules prohibit the issue of capital with interest or dividend exceeding the rate prescribed by the Treasury for the purposes of section 1(1)(b) of the M3Housing Associations Act 1985.
C24
The permissible additional purposes or objects are—
a
providing land, amenities or services, or providing, constructing, repairing or improving buildings, for its residents, either exclusively or together with other persons;
b
acquiring, or repairing and improving, or creating by the conversion of houses or other property, houses to be disposed of on sale, on lease or on shared ownership terms;
c
constructing houses to be disposed of on shared ownership terms;
d
managing houses held on leases or other lettings (not being houses within subsection (2)(a) or (b)) or blocks of flats;
e
providing services of any description for owners or occupiers of houses in arranging or carrying out works of maintenance, repair or improvement, or encouraging or facilitating the carrying out of such works;
f
encouraging and giving advice on the forming of housing associations or providing services for, and giving advice on the running of, such associations and other voluntary organisations concerned with housing, or matters connected with housing.
5
A body is not ineligible for registration as a social landlord by reason only that its powers include power—
a
to acquire commercial premises or businesses as an incidental part of a project or series of projects undertaken for purposes or objects falling within subsection (2) or (4);
b
to repair, improve or convert commercial premises acquired as mentioned in paragraph (a) or to carry on for a limited period any business so acquired;
c
to repair or improve houses, or buildings in which houses are situated, after a disposal of the houses by the body by way of sale or lease or on shared ownership terms.
6
In this section—
“block of flats” means a building containing two or more flats which are held on leases or other lettings and which are occupied or intended to be occupied wholly or mainly for residential purposes;
“disposed of on shared ownership terms” means disposed of on a lease—
- a
granted on a payment of a premium calculated by reference to a percentage of the value of the house or of the cost of providing it, or
- b
under which the tenant (or his personal representatives) will or may be entitled to a sum calculated by reference directly or indirectly to the value of the house;
- a
“letting” includes the grant of a licence to occupy;
“residents”, in relation to a body, means persons occupying a house or hostel provided or managed by the body; and
“voluntary organisation” means an organisation whose activities are not carried on for profit.
7
The Secretary of State may by order specify permissible purposes, objects or powers additional to those specified in subsections (4) and (5).
The order may (without prejudice to the inclusion of other incidental or supplementary provisions) contain such provision as the Secretary of State thinks fit with respect to the priority of mortgages entered into in pursuance of any additional purposes, objects or powers.
8
An order under subsection (7) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
I23 Registration.
1
The F5Relevant Authority may register as a social landlord any body which is eligible for such registration.
2
An application for registration shall be made in such manner, and shall be accompanied by such fee (if any), as the F5Relevant Authority may determine.
3
As soon as may be after registering a body as a social landlord the F5Relevant Authority shall give notice of the registration—
a
in the case of a registered charity, to the Charity Commissioners,
b
in the case of an industrial and provident society, to the F6Financial Services Authority, and
c
in the case of a company registered under the M4Companies Act 1985 (including such a company which is also a registered charity), to the registrar of companies,
who shall record the registration.
4
A body which at any time is, or was, registered as a social landlord shall, for all purposes other than rectification of the register, be conclusively presumed to be, or to have been, at that time a body eligible for registration as a social landlord.
C34 Removal from the register.
1
A body which has been registered as a social landlord shall not be removed from the register except in accordance with this section.
2
If it appears to the F7Relevant Authority that a body which is on the register of social landlords—
a
is no longer a body eligible for such registration, or
b
has ceased to exist or does not operate,
the F7Relevant Authority shall, after giving the body at least 14 days’ notice, remove it from the register.
3
4
5
6
As soon as may be after removing a body from the register of social landlords the F7Relevant Authority shall give notice of the removal—
a
in the case of a registered charity, to the Charity Commissioners,
b
in the case of an industrial and provident society, to the F8Financial Services Authority, and
c
in the case of a company registered under the M5Companies Act 1985 (including such a company which is also a registered charity), to the registrar of companies,
who shall record the removal.
5 Criteria for registration or removal from register.
1
2
The F9Relevant Authority shall establish (and may from time to time vary) criteria which should be satisfied where such a body seeks to be removed from the register of social landlords; and in deciding whether to remove a body from the register the F9Relevant Authority shall have regard to whether those criteria are met.
3
Before establishing or varying any such criteria the F9Relevant Authority shall consult such bodies representative of registered social landlords, and such bodies representative of local authorities, as it thinks fit.
4
The F9Relevant Authority shall publish the criteria for registration and the criteria for removal from the register in such manner as the F9Relevant Authority considers appropriate for bringing the criteria to the notice of bodies representative of registered social landlords and bodies representative of local authorities.
C46 Appeal against decision on removal.
1
A body which is aggrieved by a decision of the F10Relevant Authority—
a
not to register it as a social landlord, or
b
to remove or not to remove it from the register of social landlords,
may appeal against the decision to the High Court.
2
If an appeal is brought against a decision relating to the removal of a body from the register, the F10Relevant Authority shall not remove the body from the register until the appeal has been finally determined or is withdrawn.
3
As soon as may be after an appeal is brought against a decision relating to the removal of a body from the register, the F10Relevant Authority shall give notice of the appeal—
a
in the case of a registered charity, to the Charity Commissioners,
b
in the case of an industrial and provident society, to the F11Financial Services Authority, and
c
in the case of a company registered under the M6Companies Act 1985 (including such a company which is also a registered charity), to the registrar of companies.
Part I (ss. 1-64) amended (1.10.1996) by S.I. 1996/2325, art.3