C1Part 2Regulation of Social Housing
Chapter 3Registration
Procedure
116F8Entry in the register: voluntary registration
I71
The regulator shall register anyone who—
a
is eligible for registration F1under section 112(1), and
b
applies to be registered.
2I10
The regulator may make provision about—
a
the form of an application;
b
the information to be contained in it or provided with it;
c
the manner in which an application is to submitted;
d
the consequences of failure to comply with provision under paragraphs (a) to (c).
I73
This section is subject to section 117 (fees).
I74
Once entered F18in the register under this section a body remains registered unless and until removed under section 118 or 119.
I75
It shall be presumed for all purposes that a person entered in the register F16under this section is eligible for registration while the registration lasts (irrespective of whether and why the person is later removed from the register).
F76
This section deals with voluntary registration; for the registration of local housing authorities and county councils, see section 114.
I6I9 117 Fees
F121
The regulator may charge—
a
a fee for initial registration, and
b
an annual fee for continued registration.
2
Except in the case of a local authority, the regulator may make initial or continued registration conditional upon payment of the fee.
3
The regulator shall—
a
prescribe the amount of a fee, and
b
make provision about the periods during which and in respect of which annual fees are payable.
4
The regulator may set different fees, and make different provision, for different cases or circumstances.
5
Fees must be set in accordance with principles which the regulator prepares and publishes and which are designed to ensure that so far as is reasonably practicable—
a
fee income matches expenditure on the performance of F17the regulator's functions,
b
each fee is reasonable and proportionate to the costs to which it relates, and
c
actual or potential registered providers can see the relationship between the amount of a fee and the costs to which it relates.
6
The principles—
a
shall provide for section 95(3) to be disregarded for the purpose of subsection (5)(a), and
b
may provide for specified expenditure or potential expenditure under section 95 or otherwise to be disregarded for the purpose of subsection (5)(a).
7
Principles do not have effect until approved by the Secretary of State.
8
In preparing (or revising) the principles the regulator shall consult persons appearing to the regulator to represent the interests of fee-payers.
9
The F14regulator’s accounts shall show—
a
fees received, and
b
fees outstanding.
F910
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2118De-registration: compulsory
1
The regulator may remove from the register a F3private registered provider which the regulator thinks—
a
is no longer eligible for registration,
b
has ceased to carry out activities, or
c
has ceased to exist.
2
Before removing a body under subsection (1)(a) or (b) the regulator must—
a
take all reasonable steps to give the body at least 14 days' notice, and
b
consider any representations it makes in that period.
3
After removing a body under subsection (1)(a) or (b) the regulator must take all reasonable steps to notify the body.
F104
The regulator shall remove a local authority from the register if the regulator becomes aware that the authority—
a
is no longer a provider of social housing, or
b
no longer intends to become a provider of social housing (in the case of an authority which intended to become one but did not in fact do so).
119De-registration: voluntary
I11
A F13private registered provider may ask the regulator to remove it from the register.
I4I52
The regulator may comply with a request—
a
on the grounds that the registered provider no longer is or intends to be a provider of social housing in England,
b
on the grounds that the registered provider is subject to regulation by another authority whose control is likely to be sufficient, or
c
on the grounds that the registered provider meets any relevant criteria for de-registration set by the regulator.
I13
Before deciding whether or not to comply, the regulator must consult such local authorities in whose area the registered provider acts as it thinks appropriate.
I14
The regulator shall not comply with a request by a non-profit registered provider if it thinks that removal is sought with a view to enabling the registered provider to distribute assets to members.
I15
In deciding whether or not to comply, the regulator must (in particular) have regard to—
F4a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
any conditions imposed in connection with financial assistance given to the registered provider under any enactment.
I16
Having decided whether or not to remove the registered provider the regulator must notify—
a
the provider, and
b
any authority consulted.
I4I57
The regulator shall publish criteria set for the purposes of subsection (2)(c).
I3120Notice
1
As soon as is reasonably practicable after registering or de-registering a body the regulator shall notify—
a
in the case of a registered charity, the Charity Commission,
c
in the case of a registered company (whether or not also a registered charity), the registrar of companies for England and Wales F11, and
d
in the case of a local authority, the Secretary of State.
2
F6Except in the case of a local authority, a notice of registration shall specify whether the person registered is designated as a non-profit or profit-making organisation.
3
If the designation changes, the regulator shall notify any person notified of the registration.
4
A person to whom notice is given under this section must keep a record of it.
I8121Appeal
1
A body may appeal to the High Court against a decision of the regulator—
a
to refuse to register it,
b
to de-register it, or
c
to refuse to de-register it.
2
The regulator shall not de-register a body while an appeal is pending.
3
The Secretary of State may by order provide for the First-tier Tribunal to have jurisdiction under this section instead of the High Court.
Pt. 2 modified (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 69(2); S.I. 2012/628, art. 6(i) (with arts. 911141517)