Part 2Regulation of Social Housing
Chapter 3Registration
Eligibility
112F5Eligibility for voluntary registration
I41
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.
I1I53
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
I61
This section sets out the exceptions to section 112(1).
I62
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).