Modifications etc. (not altering text)
C1Pt. 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. 9 11 14 15 17)
The Table gives the meaning of “officer” in relation to registered providers.
| [F1private registered provider] | Meaning of “officer” |
|---|---|
| Registered charity which is not a registered company | Trustee, secretary or treasurer |
| [F2Registered society] | “Officer” within the meaning given by [F3section 149 of the Co-operative and Community Benefit Societies Act 2014] (including a person co-opted to serve on the society's committee) |
| Registered company | “Officer” within the meaning given by section 1173 of the Companies Act 2006 |
Textual Amendments
F1Words in s. 270 substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 75
F2Words in Act substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 123 (with Sch. 5)
F3Words in s. 270 substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 134 (with Sch. 5)
Commencement Information
I1S. 270 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
(1)A company is a “subsidiary” of a person if any of the following conditions is satisfied.
(2)Condition 1 is that the person—
(a)is a member of the company, and
(b)has power, independent of any other person, to appoint or remove all or a majority of the board of directors.
(3)Condition 2 is that the person holds more than half in nominal value of the company's equity share capital.
(4)Condition 3 is that the company is a subsidiary, within the meaning of the Companies Act 2006 (c. 46) or [F4Part 7 of the Co-operative and Community Benefit Societies Act 2014], of a company which is a subsidiary of the person by virtue of Condition 1 or 2.
(5)In relation to a company which is [F5a registered society] a reference to the board of directors is a reference to the committee of management.
(6)“Associate” of a provider means—
(a)a body of which the provider is a subsidiary, and
(b)any other subsidiary of that body.
Textual Amendments
F4Words in s. 271(4) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 135 (with Sch. 5)
F5Words in Act substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 122 (with Sch. 5)
Commencement Information
I2S. 271 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
(1)For the purposes of this Part one person is a member of the family of another if—
(a)they are, or live together as if they were, spouses or civil partners, or
(b)one is the parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece of the other.
(2)For those purposes—
(a)a relationship by marriage or civil partnership shall be treated as a relationship by blood (and, in particular, P's stepchild shall be treated as P's child), and
(b)a relationship by half-blood shall be treated as a relationship by whole blood.
Commencement Information
I3S. 272 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
(1)In this Part a reference to disposing of property is a reference to—
(a)selling it,
(b)leasing it,
(c)mortgaging it,
(d)making it subject to a charge, and
(e)disposing of it, or of any interest in it, in any other way.
(2)Granting an option to require a disposal shall be treated as making a disposal.
Commencement Information
I4S. 273 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
(1)For the purposes of this Part a registered charity has received public assistance if at least one of the following conditions is satisfied.
(2)Condition 1 is that the charity has received financial assistance from the HCA under section 19.
(3)Condition 2 is that the charity has received financial assistance under section 24 of the Local Government Act 1988 (c. 9) (assistance for privately let housing accommodation).
(4)Condition 3 is that the charity has had housing transferred to it pursuant to—
(a)a large scale disposal, within the meaning of section 34 of the Housing Act 1985 (c. 68), for which consent was required under section 32 or 43 of that Act, or
(b)a qualifying disposal that was made under section 135 of the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28).
(5)Condition 4 is that the charity has received a grant or loan under—
(a)section 18 of the Housing Act 1996 (c. 52) (social housing grants),
(b)section 22 of that Act (assistance from local authorities),
(c)section 58 of the Housing Associations Act 1985 (c. 69) (grants or loans by local authorities),
(d)section 50 of the Housing Act 1988 (c. 50), section 41 of the Housing Associations Act 1985 or any enactment replaced by that section (housing association grant),
(e)section 51 of the Housing Act 1988 (c. 50) or section 54 or 55 of the Housing Associations Act 1985 (c. 69) (revenue deficit grant or hostel deficit grant),
(f)section 79 of the Housing Associations Act 1985 (loans by Housing Corporation),
(g)section 31 of the Housing Act 1974 (c. 44) (management grants), or
(h)any enactment mentioned in paragraph 2 or 3 of Schedule 1 to the Housing Associations Act 1985 (pre-1974 grants and certain loans).
Commencement Information
I5S. 274 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
In this Part, except where the context requires otherwise—
“action” includes inaction, proposed action and decision,
“assured agricultural occupancy” has the same meaning as in Part 1 of the Housing Act 1988,
“assured tenancy” has the same meaning as in that Part,
“the Charity Commission” means the Charity Commission for England and Wales,
“committee”, in relation to [F6a registered society], means the committee of management or other directing body of the society (including any person co-opted to serve on the committee, whether a member of the society or not),
“consent” means written consent,
“constitution” includes rules,
“conveyance” includes grant, assignment and any other instrument,
“district valuer” has the meaning given by section 622 of the Housing Act 1985 (c. 68),
“dwelling”—
means a house, flat or other building or part of a building occupied or intended to be occupied as a separate dwelling, and
includes any garden, yard, outhouse or other appurtenance belonging to, or usually enjoyed with, the dwelling,
“the HCA” means the Homes and Communities Agency,
F7...
“local authority” has the same meaning as in the Housing Associations Act 1985,
“local housing authority” has the same meaning as in the Housing Act 1985,
“maintenance” includes repair,
“mismanagement”, in relation to the affairs of a registered provider, means—
managed in contravention of a provision of this Part or of anything done under this Part, or
otherwise conducted improperly or inappropriately,
“non-registrable charity” means a charity which is not required to be registered, in accordance with [F8section 30 of the Charities Act 2011,]
“notice” means written notice (and to “notify” means to give written notice),
[F9"preferential creditor", "preferential debt”, “ordinary preferential debt” and “secondary preferential debt”] have the same meaning as in the Insolvency Act 1986 (c. 45),
“price” includes premium,
“registered charity” means a charity registered under [F10the Charities Act 2011,]
“registered company” means a company within the meaning of the Companies Act 2006 (c. 46),
[F11“registered society” has the same meaning as in the Co-operative and Community Benefit Societies Act 2014,]
“rent” includes payments under a licence to occupy accommodation,
“representations” means written representations,
“secure tenancy” has the same meaning as in Part 4 of the Housing Act 1985 (c. 68),
“secured creditor” means a creditor who holds a mortgage or charge (including a floating charge) over—
land held by a registered provider, or
a present or future interest of a registered provider in rents or other receipts from land,
“tenant” in relation to social housing includes other occupiers, and
“working day” means a day other than—
a Saturday or Sunday,
Christmas Day or Good Friday, or
a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 (c. 80).
Textual Amendments
F6Words in Act substituted (1.8.2014 immediately after s. 1 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010 comes into force) by Co-operative and Community Benefit Societies Act 2014 (c. 14), Sch. 4 para. 122 (with Sch. 5)
F7Words in s. 275 omitted (1.8.2014 immediately after s. 1 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010 comes into force) by virtue of Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 136(a) (with Sch. 5)
F8Words in s. 275 substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 135(a) (with s. 20(2), Sch. 8)
F9Words in s. 275 substituted (1.1.2015) by The Banks and Building Societies (Depositor Preference and Priorities) Order 2014 (S.I. 2014/3486), arts. 1(2), 30(3) (with art. 3)
F10Words in s. 275 substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 135(b) (with s. 20(2), Sch. 8)
F11Words in s. 275 inserted (1.8.2014 immediately after s. 1 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010 comes into force) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 136(b) (with Sch. 5)
Commencement Information
I6S. 275 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)
I7S. 275 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)
The Table lists expressions defined in this Part.
| Expression | Section |
|---|---|
| F12. . . | F12. . . |
| Associate | Section 271 |
| Assured agricultural occupancy | Section 275 |
| Assured tenancy | Section 275 |
| [F13Censure notice] | [F13Section 269A] |
| [F14The chair] | [F14Section 92C] |
| Charity Commission | Section 275 |
| Committee ([F15registered society]) | Section 275 |
| Compensation notice | Section 240 |
| Consent | Section 275 |
| Constitution | Section 275 |
| Conveyance | Section 275 |
| Disposal | Section 273 |
| District valuer | Section 275 |
| Dwelling | Section 275 |
| Enforcement notice | Sections 219 to 225 |
| Equity percentage arrangements | Section 70(5) |
| [F14External member] | [F14Section 92C] |
| Family | Section 272 |
| Financial year | Section 104 |
| Fundamental objectives | [F16Section 92K] |
| The HCA | Section 275 |
| F17. . . | F17. . . |
| [F14The internal member] | [F14Section 92C] |
| Local authority | Section 275 |
| Local housing authority | Section 275 |
| Low cost home ownership accommodation | Section 70 |
| Low cost rental accommodation | Section 69 |
| Maintenance | Section 275 |
| Mismanagement | Section 275 |
| Non-profit organisation | Section 115 |
| Non-registrable charity | Section 275 |
| Notice | Section 275 |
| Officer | Section 270 |
| [F18Ordinary preferential debt | Section 275] |
| Penalty notice | Section 228 |
| Pre-compensation warning | Section 242 |
| Pre-penalty warning | Section 230 |
| Preferential creditor | Section 275 |
| Preferential debt | Section 275 |
| Price | Section 275 |
| [F13Private registered provider (of social housing)] | [F13Section 80] |
| Profit-making organisation | Section 115 |
| Provider (of social housing) | Section 80 |
| Received public assistance (charities) | Section 274 |
| Registered charity | Section 275 |
| Registered company | Section 275 |
| Registered provider (of social housing) | Section 80 |
| [F19Registered society | Section 275] |
| The regulator | [F20Section 92A] |
| The Regulator of Social Housing | [F21Section 92A] |
| Rent | Section 275 |
| Representations | Section 275 |
| [F18Secondary preferential debt | Section 275] |
| Secure tenancy | Section 275 |
| Secured creditor | Section 275 |
| Shared ownership arrangements | Section 70(4) |
| Shared ownership trust | Section 70(6) |
| Social housing | Section 68 |
| Subsidiary | Section 271 |
| Tenant | Section 275 |
| Working day | Section 275 |
Textual Amendments
F12S. 276 entry repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 53(2), Sch. 25 Pt. 26; S.I. 2012/628, art. 6(i)(j) (with arts. 9 11 14 15 17)
F13S. 276 entries inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 76
F14Words in s. 276 inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 53(6); S.I. 2012/57, art. 4(1)(t)(iii) (with arts. 6, 7, 9-11)
F15Words in Act substituted (1.8.2014 immediately after s. 1 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010 comes into force) by Co-operative and Community Benefit Societies Act 2014 (c. 14), Sch. 4 para. 123 (with Sch. 5)
F16Words in s. 276 substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 53(3); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)
F17Words in s. 276 omitted (1.8.2014 immediately after s. 1 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010 comes into force) by virtue of Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 137(a) (with Sch. 5)
F18Words in s. 276 inserted (1.1.2015) by The Banks and Building Societies (Depositor Preference and Priorities) Order 2014 (S.I. 2014/3486), arts. 1(2), 30(4) (with art. 3)
F19Words in s. 276 inserted (1.8.2014 immediately after s. 1 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010 comes into force) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 137(b) (with Sch. 5)
F20Words in s. 276 substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 53(4); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)
F21Words in s. 276 substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 53(5); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)
Commencement Information
I8S. 276 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)
I9S. 276 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)
Schedule 9 (which contains amendments of enactments) has effect.
Commencement Information
I10S. 277 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)
I11S. 277 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 3 (with arts. 6-13)
I12S. 277 in force at 1.4.2009 for specified purposes by S.I. 2009/803, art. 8(1)
I13S. 277 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)
(1)The regulator shall include in the register under section 111 on its establishment anyone—
(a)who was registered under section 1 of the Housing Act 1996 (c. 52) (register of social landlords) immediately before section 61 came into force, and
(b)in relation to whom the Relevant Authority was the Housing Corporation (in accordance with section 56 of that Act).
(2)A person registered under this section shall be designated as a non-profit organisation.
Commencement Information
I14S. 278 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
(1)The Secretary of State may for the purposes of the following provisions of this Part nominate a body appearing to the Secretary of State to represent the interests of tenants of social housing in England—
(a)section 112(4);
(b)section 174(5);
(c)section 196(1);
(d)section 197(4);
(e)section 216.
(2)The Secretary of State must notify the regulator of any nomination (or withdrawal of any nomination) under this section.]
Textual Amendments
F22S. 278A inserted (12.11.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 26(2), 148(1)(c)