C1Part 2Regulation of Social Housing

Annotations:
Modifications etc. (not altering text)

Chapter 8General

Interpretation

I6270Officer

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

F2private registered provider

Meaning of “officer”

Registered charity which is not a registered company

Trustee, secretary or treasurer

F12Registered society

“Officer” within the meaning given by F17section 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

I7271Subsidiary 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 F18Part 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 F11a 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.

I8272Family

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.

I9273Disposal

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.

F40274Charities that have “received public assistance”

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I1I10C2275General

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 F20a 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,

  • F34contract-holder” has the meaning given in section 7 (see also section 48) of the Renting Homes (Wales) Act 2016 (anaw 1),

  • 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,

  • F38housing ombudsman” means a housing ombudsman appointed in accordance with a scheme approved under Schedule 2 to the Housing Act 1996,

  • F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F39local authority” means—

    1. a

      the council of a county in England,

    2. b

      a district council,

    3. c

      a London borough council,

    4. d

      the Common Council of the City of London, or

    5. e

      the Council of the Isles of Scilly;

  • local housing authority” has the same meaning as in the Housing Act 1985,

  • maintenance” includes repair,

  • F23mismanagement”, 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 F5section 30 of the Charities Act 2011,

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

  • F34occupation contract” has the meaning given in section 7 of the Renting Homes (Wales) Act 2016,

  • F21"preferential creditor", "preferential debt”, “ordinary preferential debtF32, “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 F6the Charities Act 2011,

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

  • F14registered 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

  • F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I2I11C3276Index of defined terms

The Table lists expressions defined in this Part.

Expression

Section

F10. . .

F10. . .

F26Appointed member

F26Section 80B

Associate

Section 271

Assured agricultural occupancy

Section 275

Assured tenancy

Section 275

F3Censure notice

F3Section 269A

F4The chair

F4SectionF2780B

Charity Commission

Section 275

Committee (F19registered society)

Section 275

Compensation notice

Section 240

Consent

Section 275

Constitution

Section 275

F35Contract-holder

Section 275

Conveyance

Section 275

Disposal

Section 273

District valuer

Section 275

Dwelling

Section 275

Enforcement notice

Sections 219 to 225

F43English body

section 79

Equity percentage arrangements

Section 70(5)

F31. . .

F31. . .

Family

Section 272

Financial year

Section 104

F28Financial Year

F28Section 100E

Fundamental objectives

F7Section 92K

The HCA

Section 275

F44Housing ombudsman

section 275

F15. . .

F15. . .

F31. . .

F31. . .

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

F35Occupation contract

Section 275

Officer

Section 270

F33Ordinary non-preferential debt

Section 275

F22Ordinary 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

F3Private registered provider (of social housing)

F3Section 80

Profit-making organisation

Section 115

Provider (of social housing)

Section 80

F41. . .

F41. . .

Registered charity

Section 275

Registered company

Section 275

Registered provider (of social housing)

Section 80

F16Registered society

Section 275

The regulator

F8SectionF2980A

The Regulator of Social Housing

F9SectionF3080A

F33Relevant financial institution

Section 275

Rent

Section 275

Representations

Section 275

F33Secondary non-preferential debt

Section 275

F22Secondary 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

F33Tertiary non-preferential debt

Section 275

F25. . .

F25. . .

Miscellaneous

276AF36Exercise of powers: land with a Crown or Duchy interest

1

The powers in Chapters 6 and 7 are exercisable in relation to premises which are on land in which there is a Crown interest or a Duchy interest.

2

A “Crown interest” means—

a

an interest belonging to His Majesty in right of the Crown, or

b

an interest belonging to a government department or held in trust for His Majesty for the purposes of a government department.

3

A “Duchy interest” means an interest belonging to His Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall.

276BF37Data protection

1

This section applies to a duty or power to process information where the duty or power is imposed or conferred by or by virtue of any provision of this Part.

2

A duty or power to which this section applies does not operate to require or authorise the processing of information which would contravene the data protection legislation (but the duty or power is to be taken into account in determining whether the processing would contravene that legislation).

3

In this section “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

I3I4I5I12277Consequential amendments

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

I13278Transitional

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.

278AF1Power 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);

F42b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.