Part 2Regulation of Social Housing

Chapter 3Registration

Eligibility

112F5Eligibility for voluntary registration

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An English body is eligible for registration if—

a

it satisfies the following conditions, and

b

it does not fall within the exceptions in section 113.

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Condition 1 is that the body—

a

is a provider of social housing in England, or

b

intends to become a provider of social housing in England.

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Condition 2 is that the body satisfies any relevant criteria set by the regulator as to—

a

its financial situation,

b

its constitution, and

c

other arrangements for its management.

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Before setting criteria the regulator must consult—

a

the HCA,

b

one or more bodies appearing to it to represent the interests of F6private registered providers,

F1ba

any body for the time being nominated under section 278A,

and

c

one or more F2other bodies appearing to it to represent the interests of tenants.

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Section 114 deals with bodies falling within the exceptions in section 113.

113F7Section 112: exceptions

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This section sets out the exceptions to section 112(1).

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Exception 1 is a local housing authority.

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Exception 2 is a county council.

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I2I3114Registration of local authorities

1

The Secretary of State may by order—

a

repeal section 113, or

b

amend it so as to permit the registration of specified classes of local authority.

2

The Secretary of State may by order require the regulator to register—

a

a specified local authority, or

b

a specified class of local authority.

3

Registration under subsection (2)—

a

takes effect in accordance with any provision of the order about timing or other procedural or incidental matters,

b

does not require an application for registration, and

c

may apply to a local authority whether or not it is eligible for registration by virtue of subsection (1).

4

If the Secretary of State thinks it necessary or desirable in connection with the registration of local authorities, the Secretary of State may by order—

a

provide for a provision of this Part or any other enactment not to apply in relation to registered local authorities;

b

provide for a provision of this Part or any other enactment to apply with specified modifications in relation to registered local authorities;

c

amend a provision of this Part or any other enactment.

5

In this section—

a

local authority” means an authority or person to whom section 113 applies or has applied, and

b

registered local authorities” means authorities or persons who are registered, registrable or to be registered as a result of an order under subsection (1) or (2) above.

6

Before making an order under this section the Secretary of State shall consult—

a

any authority or person likely to be affected by it, and

b

such other persons as the Secretary of State thinks fit.

114AF3Local 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.

I7115Profit-making and non-profit organisations

1

Each entry in the register shall designate the body registered as either—

a

a non-profit organisation, or

b

a profit-making organisation.

2

A body is a non-profit organisation if it is a registered or non-registrable charity.

3

A body is also a non-profit organisation if it satisfies the following conditions.

4

Condition 1 is that the body—

a

does not trade for profit, or

b

is prohibited by its constitution from issuing capital with interest or dividend at a rate exceeding that prescribed under section 1(1)(b) of the Housing Associations Act 1985 (c. 69).

5

Condition 2 is that a purpose of the body is the provision or management of housing.

6

Condition 3 is that any other purposes of the body are connected with or incidental to the provision of housing.

7

The Secretary of State may make regulations providing that a specified purpose is to be, or not to be, treated as connected with or incidental to the provision of housing.

8

A body which is not a non-profit organisation under subsection (2) or (3) is a profit-making organisation.

9

If the regulator thinks that what was a profit-making organisation has become a non-profit organisation, the regulator must change the registered designation accordingly.

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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).