C1Part 2Regulation of Social Housing
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,
F34“contract-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”—
- a
means a house, flat or other building or part of a building occupied or intended to be occupied as a separate dwelling, and
- b
includes any garden, yard, outhouse or other appurtenance belonging to, or usually enjoyed with, the dwelling,
- a
“the HCA” means the Homes and Communities Agency,
F38“housing ombudsman” means a housing ombudsman appointed in accordance with a scheme approved under Schedule 2 to the Housing Act 1996,
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F39“local authority” means—
- a
the council of a county in England,
- b
a district council,
- c
a London borough council,
- d
the Common Council of the City of London, or
- e
the Council of the Isles of Scilly;
- a
“local housing authority” has the same meaning as in the Housing Act 1985,
“maintenance” includes repair,
F23“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 F5section 30 of the Charities Act 2011,
“notice” means written notice (and to “notify” means to give written notice),
F34“occupation contract” has the meaning given in section 7 of the Renting Homes (Wales) Act 2016,
F21"preferential creditor", "preferential debt”, “ordinary preferential debt”F32, “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),
F14“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—
- a
land held by a registered provider, or
- b
a present or future interest of a registered provider in rents or other receipts from land,
- a
“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 | |
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 | |
The Regulator of Social Housing | |
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.
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)