C1Part 2Regulation of Social Housing

Annotations:
Modifications etc. (not altering text)

Chapter 8General

Interpretation

I7270Officer

The Table gives the meaning of “officer” in relation to registered providers.

F4private 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 F32section 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

I2271Subsidiary and associate

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 F6Part 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 F20a 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.

I9272Family

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.

I5273Disposal

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.

I6274Charities that have “received public assistance”

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).

I4I10275General

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 F34a 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”—

    1. a

      means a house, flat or other building or part of a building occupied or intended to be occupied as a separate dwelling, and

    2. b

      includes any garden, yard, outhouse or other appurtenance belonging to, or usually enjoyed with, the dwelling,

  • “the HCA” means the Homes and Communities Agency,

  • F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “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,

  • F16“mismanagement”, in relation to the affairs of a registered provider, means managed in breach of any legal requirements (imposed by or under an Act or otherwise);

  • “non-registrable charity” means a charity which is not required to be registered, in accordance with F15section 30 of the Charities Act 2011,

  • “notice” means written notice (and to “notify” means to give written notice),

  • F31"preferential creditor", "preferential debt”, “ordinary preferential debt”F18, “ordinary non-preferential debt”, “secondary preferential debt”, “secondary non-preferential debt”, “tertiary non-preferential debt” and “relevant financial institution” have the same meaning as in the Insolvency Act 1986 (c. 45),

  • “price” includes premium,

  • “registered charity” means a charity registered under F14the Charities Act 2011,

  • “registered company” means a company within the meaning of the Companies Act 2006 (c. 46),

  • F9“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—

    1. a

      land held by a registered provider, or

    2. b

      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

  • F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I8I1276Index of defined terms

The Table lists expressions defined in this Part.

Expression

Section

F12. . .

F12. . .

F13Appointed member

F13Section 80B

Associate

Section 271

Assured agricultural occupancy

Section 275

Assured tenancy

Section 275

F8Censure notice

F8Section 269A

F29The chair

F29SectionF580B

Charity Commission

Section 275

Committee (F33registered 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)

F25. . .

F25. . .

Family

Section 272

Financial year

Section 104

F30Financial Year

F30Section 100E

Fundamental objectives

F19Section 92K

The HCA

Section 275

F24. . .

F24. . .

F25. . .

F25. . .

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

F26Ordinary non-preferential debt

Section 275

F10Ordinary 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

F8Private registered provider (of social housing)

F8Section 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

F1Registered society

Section 275

The regulator

F28SectionF2780A

The Regulator of Social Housing

F23SectionF780A

F26Relevant financial institution

Section 275

Rent

Section 275

Representations

Section 275

F26Secondary non-preferential debt

Section 275

F10Secondary 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

F26Tertiary non-preferential debt

Section 275

F22. . .

F22. . .

Miscellaneous

I11I14I13I3277Consequential amendments

Schedule 9 (which contains amendments of enactments) has effect.

I12278Transitional

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.

278AF21Power to nominate for consultation purposes

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);

F11b

section 176;

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.