C1C8Part IF22Social Rented Sector F42regulated by the Welsh Ministers

Annotations:
Amendments (Textual)
F22

Pt. 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.)

F42

Words 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)
C1

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

C8

Pt. 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 V Miscellaneous and general provisions

Housing F67ombudsman

Annotations:
Amendments (Textual)

I151 Schemes for investigation of complaints.

1

The provisions of Schedule 2 have effect for the purpose of enabling tenants and other individuals to have complaints against social landlords investigated by a housing ombudsman in accordance with a scheme approved by the Secretary of State.

2

For the purposes of that Schedule a “social landlord” means—

F53za

a local authority in England which is a registered provider of social housing,

F24a

a F27private registered provider of social housing,

b

a transferee of housing pursuant to F11—

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 M1Leasehold Reform, Housing and Urban Development Act 1993;

c

a body which has acquired dwellings under Part IV of the M2Housing Act 1988 (change of landlord: secure tenants); or

C4d

any other body which was at any time registered with F25the Regulator of Social Housing or the F1Housing Corporation, or with Housing for Wales, and which owns or manages publicly-funded dwellings.

3

In subsection (2)(d) a “publicly-funded dwelling” means a dwelling which was—

a

provided by means of a grant under—

  • F28section 19 of the Housing and Regeneration Act 2008 (financial assistance) where the grant was made on condition that the recipient provides social housing F49...,

  • section 18 of this Act (social housing grant), or

  • section 50 of the Housing Act 1988, section 41 of the M3Housing Associations Act 1985, or section 29 or 29A of the M4Housing Act 1974 (housing association grant)F51, or a grant from the Greater London Authority which was a grant made on condition that the recipient provides social housing; orF50...

b

acquired on a disposal by a public sector landlord.

F523A

In subsection (3) “provides social housing” has the same meaning as in Part 1 of the Housing and Regeneration Act 2008.

4

The Secretary of State may by order add to or amend the descriptions of landlords who are to be treated as social landlords for the purposes of Schedule 2.

5

Before making any such order the Secretary of State shall consult such persons as he considers appropriate.

6

Any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F67

This section shall not apply in relation to social landlords in Wales (within the meaning given by F64section 78 of the Public Services Ombudsman (Wales) Act 2019).

F267

Section 52 shall apply to an order under subsection (4) (with any necessary modifications).

51ZAF68Power of housing ombudsman to issue guidance to scheme members

1

This section applies where a scheme is approved by the Secretary of State under Schedule 2.

2

The housing ombudsman may issue to the members of the scheme guidance as to good practice in the carrying on of housing activities covered by the scheme.

3

Before issuing, revising or replacing guidance under this section, the housing ombudsman must consult—

a

the Regulator of Social Housing,

b

members of the scheme, and

c

individuals who may make complaints under the scheme.

4

If the housing ombudsman issues, revises or replaces guidance under this section, the housing ombudsman must publish the guidance, the revised guidance or (as the case may be) the replacement guidance.

5

Subsection (7) applies if—

a

an individual makes a complaint against a member of the scheme,

b

the complaint is made under the scheme or the conditions in subsection (6) are met in relation to the complaint, and

c

it appears to the housing ombudsman that the complaint relates to a matter to which guidance issued by the ombudsman under this section relates.

6

The conditions referred to in subsection (5)(b) are that—

a

the complaint is made to the member of the scheme,

b

the complaint is one that the individual could subsequently make under the scheme, and

c

the individual has notified the ombudsman about the complaint.

7

The housing ombudsman may order the member of the scheme to—

a

assess whether the member’s policies and practices in relation to the matter mentioned in subsection (5)(c) are consistent with the guidance issued by the ombudsman under this section in relation to that matter, and

b

within a period specified in the order, submit to the ombudsman a written statement of the results of the assessment.

8

If a member of the scheme fails to comply with an order under subsection (7) within the period specified in the order, the housing ombudsman may order the member to publish in such manner as the ombudsman sees fit a statement that the member has failed to comply with the order.

9

If a member of the scheme fails to comply with an order under subsection (8), the housing ombudsman may—

a

take such steps as the ombudsman considers appropriate to publish what the member ought to have published, and

b

recover from the member the costs of doing so.

10

In this section, “the housing ombudsman” means the housing ombudsman appointed in accordance with the scheme.

F951A Social Housing Ombudsman for Wales

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

F951BInvestigation of complaints

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

F951CMeaning of “social landlord in Wales”

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

Orders and determinations

52 General provisions as to orders.

1

The following provisions apply to any power of the F29Welsh Ministers under F2section 2, F627J, 17, F10 27A, 39, F43 50J, 51 or 55 or Schedule 2 to make an order.

2

An order may make different provision for different cases or descriptions of case.

This includes power to make different provision for different bodies or descriptions of body, different provision for different housing activities and different provision for different areas.

3

An order may contain such supplementary, incidental, consequential or transitional provisions and savings as the F29Welsh MinistersF30consider appropriate.

C2C553 General provisions as to determinations.

1

The following provisions apply to determinations of F34... the F31Welsh Ministers this Part.

2

A determination may make different provision for different cases or descriptions of case.

This includes power to make—

a

different provision for different registered social landlords or descriptions of registered social landlord, and

b

different provision for different housing activities and different provision for different areas;

and for the purposes of paragraph (b) descriptions may be framed by reference to any matters whatever, including in particular, in the case of housing activities, the manner in which they are financed.

3

In this Part a general determination means a determination which does not relate solely to a particular case.

4

Before making a general determination, F35... the F32Welsh Ministers shall consult such bodies appearing to them to be representative of registered social landlords as they consider appropriate.

5

After making a general determination, F33... the F32Welsh Ministers shall publish the determination in such manner as they consider appropriate for bringing the determination to the notice of the landlords concerned.

F36C3C654 Determinations of the Housing Corporation requiring approval.

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

Minor and consequential amendments

I255 Minor and consequential amendments: Part I.

1

The enactments mentioned in Schedule 3 have effect with the minor amendments specified there.

2

The F37Welsh Ministers may by order make such amendments or repeals of any enactment as appear to F38them necessary or expedient in consequence of the provisions of this Part.

3

Any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of F39the National Assembly for Wales .

Interpretation

F40C756 Meaning of “F23the Welsh Ministers”.

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

57 Definitions relating to F55registered societies.

1

In this Part, in relation to F54a registered society—

  • F3. . .

  • “committee” means the committee of management or other directing body of the society; and

  • “co-opted member”, in relation to the committee, includes any person co-opted to serve on the committee, whether he is a member of the society or not.

2

Any reference in this Part to a member of the committee of F54a registered society includes a co-opted member.

58 Definitions relating to charities.

F471

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.

F441A

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 F12a company do not include a company which is a registered charity, except where otherwise provided.

59 Meaning of “officer” of registered social landlord.

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 F13a company , to any trustee, secretary or treasurer of the charity;

b

in the case of F54a registered society, to any officer of the society as defined in F56section 149 of the Co-operative and Community Benefit Societies Act 2014; and

c

in the case of F14a company (including a company that is a registered charity) , to any director or other officer of the company within the meaning of F15the Companies Acts (see sections 250 and 1173(1) of the Companies Act 2006) .

2

Any such reference includes, in the case of F54a registered society, a co-opted member of the committee of the society.

60 Meaning of “subsidiary”.

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 F16the Companies Acts (see section 1159 of the Companies Act 2006) or F57Part 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 F54a 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”.

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 F58Part 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.

1

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

a

he is the spouse F7 or civil partner of that person, or he and that person live together F66as if they were a married couple orF65civil 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 F8 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.

1

In this Part—

  • F45“action” includes inaction, proposed action and decision;

  • F18“company” means a company registered under the Companies Act 2006;

  • “dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;

  • “fully mutual”, in relation to a housing association, and “co-operative housing association” have the same meaning as in the M5Housing Associations Act 1985 (see section 1(2) of that Act);

  • “hostel” means a building in which is provided for persons generally or for a class or classes of persons—

    1. a

      residential accommodation otherwise than in separate and self-contained premises, and

    2. b

      either board or facilities for the preparation of food adequate to the needs of those persons, or both;

  • “house” includes—

    1. a

      any part of a building occupied or intended to be occupied as a separate dwelling, and

    2. b

      any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;

  • “housing accommodation” includes flats, lodging-houses and hostels;

  • “housing activities” means, in relation to a registered social landlord, all its activities in pursuance of the purposes, objects and powers mentioned in or specified under section 2;

  • “information” includes accounts, estimates and returns;

  • “local authority” has the same meaning as in the M6Housing Associations Act 1985;

  • “long tenancy” has the same meaning as in Part V of the M7Housing Act 1985;

  • F45“misconduct” includes any failure to comply with the requirements of this Part of this Act;

  • “modifications” includes additions, alterations and omissions and cognate expressions shall be construed accordingly;

  • “notice” means notice in writing;

  • F63notify” means notify in writing;

  • F63“public sector landlord” means any of the authorities or bodies within section 80(1) of the Housing Act 1985 (the landlord condition for secure tenancies);

  • “registrar of companies” has the same meaning as in F19the Companies Acts (see section 1060 of the Companies Act 2006) ;

  • F45“representations” means representations in writing;

  • “statutory tenancy” has the same meaning as in the Housing Act 1985.

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.

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)—

F46action

section 63

appointed person (in relation to inquiry into affairs of registered social landlord)

paragraph 20 of Schedule 1

F4. . .

F4. . .

associate (in relation to a registered social landlord)

section 61(1)

assured tenancy

section 230

assured agricultural occupancy

section 230

assured shorthold tenancy

section 230

F48. . .

F48. . .

committee member (in relation to F54a registered society )

section 57(2)

F20company

section 63 (and see section 58(2))

F21. . .

F21. . .

co-operative housing association

section 63

co-opted member (of committee of F59registered society)

section 57(1)

F5. . .

F5. . .

disposal proceeds fund

section 24

dwelling

section 63

enactment

section 230

fully mutual housing association

section 63

hostel

section 63

house

section 63

housing accommodation

section 63

housing activities

section 63

housing association

section 230

F60. . .

section 2(1)(b)

information

section 63

lease

section 229

local authority

section 63

F46local housing authority

section 230

long tenancy

section 63

member of family

section 62

F46misconduct

section 63

modifications

section 63

notice

section 63

officer of registered social landlord

section 59

provision (in relation to dwelling or house)

section 63(2)

public sector landlord

section 63

F46received public assistance

section 58(1A)

register, registered and registration (in relation to social landlords)

section 1

registered charity

section 58(1)(b)

F61registered society

section 1A.

registrar of companies

section 63

F41. . .

F41. . .

relevant disposal which is not an exempted disposal (in sections 11 to 14)

section 15

F46representations

section 63

secure tenancy

section 230

social housing grant

section 18(1)

statutory tenancy

section 63

subsidiary (in relation to a registered social landlord)

section 60(1)

trustee and trusts (in relation to a charity)

section 58(1)(a)