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Housing and Regeneration Act 2008
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Changes over time for: Section 117
Changes to legislation:
Housing and Regeneration Act 2008, Section
117
is up to date with all changes known to be in force on or before 04 December 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.
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.
Changes and effects yet to be applied to Section 117:
- s. 14(6A) inserted by 2023 c. 55 s. 138
- s. 251(1)(c) and word inserted by 2023 c. 36 s. 31(7)
- s. 251(1)(ab)(ac) inserted by 2023 c. 36 s. 10(6)
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):
- s. 14(6A) inserted by 2023 c. 55 s. 138
- s. 251(1)(c) and word inserted by 2023 c. 36 s. 31(7)
- s. 251(1)(ab)(ac) inserted by 2023 c. 36 s. 10(6)
117 FeesE+W
This section has no associated Explanatory Notes
[F1(1)The regulator may charge—
(a)a fee [F2for dealing with an application] for initial registration, and
(b)an annual fee for continued registration.
[F3(1A)The regulator may make dealing with an application for initial registration conditional upon the payment of the fee.]
(2)Except in the case of a local authority, the regulator may make F4... continued registration conditional upon payment of the fee.]
(3)The regulator shall—
(a)prescribe the amount of a fee, and
(b)make provision about the periods during which and in respect of which annual fees are payable.
(4)The regulator may set different fees, and make different provision, for different cases or circumstances.
[F5(4A)The amount of a fee payable under this section may be calculated by reference to costs incurred, or likely to be incurred, by the regulator in the performance of any of its functions, including costs unconnected with the fee-payer and costs unconnected with registration or regulation under this Part.]
(5)Fees must be set in accordance with principles which the regulator prepares and publishes and which are designed to ensure that so far as is reasonably practicable—
(a)fee income matches [F6the costs incurred in] the performance of [F7the regulator's] functions,
(b)F8... and
(c)actual or potential registered providers can see the relationship between the amount of a fee and the costs [F9incurred, or likely to be incurred, in the performance of the regulator’s functions].
(6)The principles—
(a)shall provide for section 95(3) to be disregarded for the purpose of subsection (5)(a), and
(b)may provide for specified expenditure or potential expenditure under section 95 or otherwise to be disregarded for the purpose of subsection (5)(a).
(7)Principles do not have effect until approved by the Secretary of State.
(8)In preparing (or revising) the principles the regulator shall consult persons appearing to the regulator to represent the interests of fee-payers.
(9)The [F10regulator’s] accounts shall show—
(a)fees received, and
(b)fees outstanding.
F11(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 117(1)(2) 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. 16
F2Words in s. 117(1)(a) inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), ss. 4(2), 46(3); S.I. 2024/437, reg. 2(b) (with reg. 3)
F3S. 117(1A) inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), ss. 4(3), 46(3); S.I. 2024/437, reg. 2(b) (with reg. 3)
F4Words in s. 117(2) omitted (1.4.2024) by virtue of Social Housing (Regulation) Act 2023 (c. 36), ss. 4(4), 46(3); S.I. 2024/437, reg. 2(b) (with reg. 3)
F5S. 117(4A) inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), ss. 4(5), 46(3); S.I. 2024/437, reg. 2(b) (with reg. 3)
F6Words in s. 117(5)(a) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), ss. 4(6)(a), 46(3); S.I. 2024/437, reg. 2(b) (with reg. 3)
F7Words in s. 117(5)(a) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 37(2); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)
F8S. 117(5)(b) omitted (1.4.2024) by virtue of Social Housing (Regulation) Act 2023 (c. 36), ss. 4(6)(b), 46(3); S.I. 2024/437, reg. 2(b) (with reg. 3)
F9Words in s. 117(5)(c) substituted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), ss. 4(6)(c), 46(3); S.I. 2024/437, reg. 2(b) (with reg. 3)
F10Word in s. 117(9) substituted (1.10.2018) by The Legislative Reform (Regulator of Social Housing) (England) Order 2018 (S.I. 2018/1040), art. 1(2), Sch. para. 22(a) (with Pt. 4)
F11S. 117(10) omitted (1.10.2018) by virtue of The Legislative Reform (Regulator of Social Housing) (England) Order 2018 (S.I. 2018/1040), art. 1(2), Sch. para. 22(b) (with Pt. 4)
Commencement Information
I1S. 117 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)
I2S. 117 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)
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