Search Legislation

Advanced Search

Housing and Regeneration Act 2008

Help about what version

What Version

Help about advanced features

Advanced Features

Changes to legislation:

Housing and Regeneration Act 2008, Cross Heading: Management etc. is up to date with all changes known to be in force on or before 01 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Management etc.E+W

246OverviewE+W

This group of sections gives the regulator various powers in relation to the management and constitution of registered providers.

Commencement Information

I1S. 246 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

247Management tenderE+W

(1)This section applies if the regulator is satisfied that—

(a)a registered provider has failed to meet a standard F1... under section [F2193, 194 or 194C],

F3(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(ab)a registered provider—

(i)does not have a health and safety lead designated under section 126A, or

(ii)has failed to meet a requirement under section 126C(1),

(ac)the functions of the health and safety lead are not being carried out,]

(b)the affairs of a registered provider have been mismanaged in relation to social housing [F5, or

(c)a registered provider has failed to comply with a performance improvement plan notice.]

(2)The regulator may [F6by notice] require the registered provider to implement a process specified by the regulator for the purpose of—

(a)inviting persons to apply to undertake management functions of the registered provider, and

(b)selecting from the applications and making an appointment.

(3)A requirement may relate to—

(a)the registered provider's affairs generally in so far as they relate to social housing, or

(b)specified affairs relating to social housing.

(4)A requirement must include—

(a)provision about the constitution of a selection panel (which must include provision for ensuring representation of tenants' interests),

(b)provision for ensuring best procurement practice [F7(and consistent with any applicable procurement law)], and

(c)provision about the terms and conditions on which the manager is to be appointed (including provision about—

(i)setting, monitoring and enforcing performance standards, and

(ii)resources).

Textual Amendments

Commencement Information

I2S. 247 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

248Section 247: supplementalE+W

(1)Before acting under section 247(2) the regulator must give the registered provider a notice—

(a)specifying grounds on which action might be taken under that section,

(b)warning the provider that the regulator is considering action under that section, and

(c)explaining the effect of this section.

(2)The notice must specify a period during which the registered provider may make representations to the regulator.

(3)The period must—

(a)be a period of at least 28 days, and

(b)begin with the date on which the registered provider receives the notice.

(4)The regulator must send a copy of a notice under subsection (1) to—

F8(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9(za)the HCA,]

[F10(aa)the Greater London Authority (if the notice is given to a registered provider who owns land in Greater London),]

[F11(b)the Secretary of State (if the notice is given to a local authority), and

(c)any other persons the regulator thinks appropriate.]

(5)A notice under subsection (1) must—

(a)refer to section 125 (voluntary undertaking), and

(b)indicate whether or to what extent the regulator would accept a voluntary undertaking instead of, or in mitigation of, action under section 247(2).

(6)Notice under subsection (1) may be combined with notice under one or more of sections 230, 242, 250 and 252.

(7)In imposing a requirement the regulator must have regard to views of—

(a)relevant tenants,

(b)the registered provider,

[F12(ba)the HCA,]

F13(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14(ca)the Greater London Authority (if the notice is given to a registered provider who owns land in Greater London),]

[F15(d)the Secretary of State (if the registered provider is a local authority), and

(e)if the regulator thinks it appropriate, any relevant local housing authority.]

[F16(8)If the regulator imposes a requirement it must send a copy—

F17( a ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F18(za)the HCA,]

[F19(aa)in the case of a requirement imposed on a registered provider who owns land in Greater London, to the Greater London Authority, and]

(b)in the case of a requirement imposed on a local authority, to the Secretary of State.]

(9)A registered provider may appeal to the High Court against a requirement under section 247(2).

[F20(10)An appeal under this section must be brought within the period of 28 days beginning with the day on which the regulator notifies the registered provider of the imposition of a requirement on the provider under section 247(2).]

Textual Amendments

Commencement Information

I3S. 248 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

249Management transferE+W

(1)This section applies if as a result of an inquiry under section 206 or an audit under section 210 [F21or 210A] the regulator is satisfied that—

(a)the affairs of a registered provider have been mismanaged in relation to social housing, F22...

(b)a transfer of certain of a registered provider's management functions would be likely to improve the management of some or all of its social housing [F23, or

(c)the registered provider has failed to meet a standard under section 193, 194 or 194C.]

(2)The regulator may [F24by notice] require the registered provider to transfer management functions to a specified person.

(3)A requirement to transfer management functions may be imposed only with the Secretary of State's consent (both as to the transfer and the terms).

(4)A requirement may relate to—

(a)the registered provider's affairs generally in so far as they relate to social housing, or

(b)specified affairs relating to social housing.

(5)Transfer shall be on terms and conditions (including as to remuneration) specified in, or determined in accordance with, the requirement.

(6)A transferee manager shall have—

(a)any power specified in the requirement, and

(b)any other power in relation to the registered provider's affairs required by the manager for the purposes specified in the requirement (including the power to enter into agreements and take other action on behalf of the registered provider).

Textual Amendments

Commencement Information

I4S. 249 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

250Section 249: supplementalE+W

(1)Before acting under section 249(2) the regulator must give the registered provider a notice—

(a)specifying grounds on which action might be taken under that section,

(b)warning the provider that the regulator is considering action under that section, and

(c)explaining the effect of this section.

(2)The notice must specify a period during which the registered provider may make representations to the regulator.

(3)The period must—

(a)be a period of at least 28 days, and

(b)begin with the date on which the registered provider receives the notice.

(4)The regulator must send a copy of a notice under subsection (1) to—

F25(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F26(za)the HCA,]

[F27(aa)in the case of a notice given to a registered provider who owns land in Greater London, the Greater London Authority,]

[F28(b)in the case of a notice given to a local authority, the Secretary of State, and

(c)any other persons the regulator thinks appropriate (having regard, in particular, to any person who provided information as a result of which the notice is given).]

(5)A notice under subsection (1) must—

(a)refer to section 125, and

(b)indicate whether or to what extent the regulator would accept a voluntary undertaking under that section instead of, or in mitigation of, action under section 249(2).

(6)Notice under subsection (1) may be combined with notice under one or more of sections 230, 242, 248 and 252.

(7)In imposing a requirement the regulator must have regard to views of—

(a)relevant tenants,

(b)the registered provider,

[F29(ba)the HCA,]

F30(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F31(ca)if the requirement would be imposed on a registered provider who owns land in Greater London, the Greater London Authority,]

[F32(d)if the requirement would be imposed on a local authority, the Secretary of State, and

(e)if the regulator thinks it appropriate, any relevant local housing authority.]

[F33(8)If the regulator imposes a requirement it must send a copy—

F34( a ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F35(za)the HCA,]

[F36(aa)in the case of a requirement imposed on a registered provider who owns land in Greater London, to the Greater London Authority, and]

(b)in the case of a requirement imposed on a local authority, to the Secretary of State.]

(9)A registered provider may appeal to the High Court against a requirement under section 249(2).

[F37(10)An appeal under this section must be brought within the period of 28 days beginning with the day on which the regulator notifies the registered provider of the imposition of a requirement on the provider under section 249(2).]

Textual Amendments

Commencement Information

I5S. 250 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

[F38250ASections 247 and 249: local authoritiesE+W

(1)This section makes further provision about the application of sections 247 and 249 in a case where the registered provider is a local authority.

(2)The regulator may act under those sections even if the local authority already has a management agreement in place.

(3)But while a section 247 or 249 arrangement is in force, the local authority may not give effect to a management agreement as respects functions of the authority which are the subject of the arrangement.

(4)Any duty the local authority may have to consult with respect to the exercise of its management functions (for example, a duty arising by virtue of section 27BA of the Housing Act 1985) does not apply so far as it is acting pursuant to a requirement imposed on it under section 247 or 249.

(5)A section 247 or 249 arrangement—

(a)is not to be considered a management agreement, but

(b)subsections (13) and (15) of section 27 of the Housing Act 1985 apply to it as they apply to a management agreement.

(6)In this section—

  • “management agreement” has the meaning given by section 27(2)(a) and 27B(4) of the Housing Act 1985;

  • “section 247 or 249 arrangement” means an arrangement which is entered into pursuant to a requirement imposed on a local authority under section 247 or 249 and by which functions of the authority are to be exercised by a manager on its behalf.]

Textual Amendments

251Appointment of manager [F39of private registered provider]E+W

(1)This section applies if the regulator is satisfied that—

(a)a [F40private registered provider] has failed to meet a standard under section [F41193, 194 or 194C],

F42(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the affairs of a [F43private registered provider] have been mismanaged in relation to social housing.

(2)The regulator may [F44by notice to the registered provider] —

(a)appoint F45... a manager of the registered provider, or

(b)require the registered provider to appoint F45... a manager.

(3)An appointment or requirement may relate to a manager—

(a)of the registered provider's affairs generally in so far as they relate to social housing, or

(b)of specified affairs relating to social housing.

(4)Appointment shall be on terms and conditions (including as to remuneration) specified in, or determined in accordance with, the appointment or requirement.

(5)A manager shall have—

(a)any power specified in the appointment or requirement, and

(b)any other power in relation to the registered provider's affairs required by the manager for the purposes specified in the appointment or requirement (including the power to enter into agreements and take other action on behalf of the registered provider).

Textual Amendments

Commencement Information

I6S. 251 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

252Section 251: supplementalE+W

(1)Before acting under section 251(2) the regulator must give the registered provider a notice—

(a)specifying grounds on which action might be taken under that section,

(b)warning the provider that the regulator is considering action under that section, and

(c)explaining the effect of this section.

[F46(2)The registered provider may make representations to the regulator about the notice within the period of 5 days beginning with the day on which the provider receives the notice.]

[F47(2A)Unless the registered provider consents, the regulator may not take action under section 251(2) before the expiry of the period within which the provider may make representations.]

F48(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The regulator must send a copy of a notice under subsection (1) to—

F49(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F50(za)the HCA,]

[F51(aa)the Greater London Authority (if the notice is given to a registered provider who owns land in Greater London), and]

(b)any other persons it thinks appropriate (having regard, in particular, to any person who provided information as a result of which the notice is given).

(5)A notice under subsection (1) must—

(a)refer to section 125 (voluntary undertaking), and

(b)indicate whether or to what extent the regulator would accept a voluntary undertaking instead of, or in mitigation of, action under section 251(2).

(6)Notice under subsection (1) may be combined with notice under one or more of sections 230, 242, 248 and 250.

[F52(6A)The regulator must notify the HCA of an appointment or requirement under section 251(2).]

F53(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F54(7A)The regulator must notify the Greater London Authority of an appointment or requirement under section 251(2) in respect of a registered provider who owns land in Greater London.]

(8)The regulator may require a manager to report to the regulator on the affairs specified in the appointment or requirement under section 251(3).

(9)A [F55private registered provider] may appeal to the High Court against an appointment or requirement under section 251(2).

[F56(10)An appeal under this section must be brought within the period of 28 days beginning with the day on which—

(a)the regulator notifies the registered provider of an appointment made under section 251(2)(a) (in the case of an appeal against an appointment), or

(b)the regulator notifies the registered provider of the imposition of a requirement on the provider under section 251(2)(b) (in the case of an appeal against a requirement).]

Textual Amendments

Commencement Information

I7S. 252 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

[F57252AAppointment of advisers to local authoritiesE+W

(1)This section applies to a registered provider which is a local authority.

(2)The power in subsection (3) is exercisable if the regulator [F58is satisfied]—

(a)that it is necessary to exercise it for the proper management of the authority’s affairs so far as they relate to the provision of social housing (its “social housing affairs”), F59...

(b)that it is desirable to exercise it in the interests of securing better services for the authority’s tenants,

[F60(c)that the authority—

(i)does not have a health and safety lead designated under section 126A, or

(ii)has failed to meet a requirement under section 126C(1),

(d)that the functions of the health and safety lead are not being carried out],

[F61(e)that the authority has failed to meet a standard under section 193, 194 or 194C] [F62, or

(f)that the authority has failed to comply with a performance improvement plan notice.]

(3)The regulator may—

(a)appoint one or more advisers to assist the authority in relation to its social housing affairs (or a particular aspect of those affairs), or

(b)require the authority to appoint one or more advisers for that purpose.

(4)Appointment shall be on terms and conditions (including as to remuneration) specified in, or determined in accordance with, the appointment or requirement.

(5)A requirement under subsection (3)(b) may specify a process which the authority is required to implement for selecting and appointing advisers.

(6)The authority must cooperate with any advisers appointed by virtue of this section.]

Textual Amendments

253Transfer of land [F63by private registered provider]E+W

(1)This section applies if as a result of an inquiry under section 206 or an audit under section 210 the regulator is satisfied that—

(a)the affairs of a [F64private registered provider] have been mismanaged in relation to social housing, F65...

(b)a transfer of land by a [F66private registered provider] would be likely to improve the management of the land [F67, or

(c)the registered provider has failed to meet a standard under section 193, 194 or 194C.]

(2)The regulator may require the registered provider to transfer specified land—

(a)to the regulator, or

(b)to another specified [F68private registered provider].

(3)A requirement may be imposed on a profit-making registered provider only in relation to its social housing and associated land.

(4)For the purposes of subsection (3) land is associated with social housing if the regulator thinks that it is used in connection with the social housing or its management.

(5)A requirement may not be imposed on a non-profit registered provider requiring it to transfer land to a profit-making registered provider.

(6)A requirement may not be imposed on a registered charity.

(7)A requirement may be imposed on a charity which is not registered (C1), but only for transfer to another charity (C2) whose objects the regulator thinks are similar to those of C1.

Textual Amendments

Commencement Information

I8S. 253 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

254Section 253: supplementalE+W

(1)A transfer under section 253 shall be on terms specified in, or determined in accordance with, the requirement.

(2)The price shall be not less than an amount certified by the district valuer as the amount the property would fetch if sold by a willing seller to another registered provider.

(3)The terms shall include provision as to the payment of any debts or liabilities in respect of the land (whether or not secured on it).

(4)A requirement to transfer land may be imposed only with the Secretary of State's consent (both as to the transfer and the terms).

(5)Where land is transferred to the regulator under section 253(2)(a)—

(a)the regulator may dispose of it only to a registered provider, and

(b)if it is transferred by a non-profit registered provider, the regulator may dispose of it only to a non-profit registered provider.

Commencement Information

I9S. 254 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

255AmalgamationE+W

(1)This section applies if as a result of an inquiry under section 206 or an audit under section 210 the regulator is satisfied that—

(a)the affairs of a non-profit registered provider which is [F69a registered society] have been mismanaged in relation to social housing, F70...

(b)the management of social housing owned by a non-profit registered provider which is [F69a registered society] would be improved if the provider were amalgamated with another [F71registered society] [F72, or

(c)the registered provider has failed to meet a standard under section 193, 194 or 194C.]

(2)The regulator may make and execute on behalf of the society an instrument providing for the amalgamation of the society with another [F71registered society].

(3)The regulator may act under subsection (2) only with the Secretary of State's consent.

(4)An instrument providing for the amalgamation of a society (“S1”) with another has the same effect as a resolution by S1 under [F73section 109 of the Co-operative and Community Benefit Societies Act 2014] (amalgamation of societies by special resolution).

(5)A copy of an instrument shall be sent to and registered by the [F74Financial Conduct Authority].

(6)An instrument does not take effect until the copy is registered.

(7)The copy must be sent for registration during the period of 14 days beginning with the date of execution; but a copy registered after that period is valid.

(8)Any body created by virtue of an amalgamation—

(a)must be registered by the regulator and designated as a non-profit organisation, and

(b)pending registration shall be treated as registered and designated as a non-profit organisation.

Textual Amendments

Commencement Information

I10S. 255 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Part

The Whole Part you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Part as a PDF

The Whole Part you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: