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)
(1)This section makes provision about the meaning of terms for the purposes of section 194A.
(2)“Services provider”, in relation to a registered provider, means a person who, in accordance with an agreement with the registered provider or another person, provides services in connection with the management of social housing provided by the registered provider or arranges for the provision of such services.
(3)For the purposes of subsection (2), an agreement does not include a contract of employment or a contract of apprenticeship.
(4)“Senior housing executive” of a registered provider means a relevant individual who—
(a)is an employee or officer of the registered provider,
(b)has responsibility (solely or jointly) for the day to day management of the provision of services in connection with the management of social housing provided by the registered provider, and
(c)is part of the registered provider’s senior management.
(5)“Senior housing executive” of a services provider in relation to a registered provider means a relevant individual who—
(a)is—
(i)an employee of the services provider,
(ii)an officer of the services provider, or
(iii)if the services provider is a partnership, a partner in the partnership,
(b)has responsibility (solely or jointly) for the day to day management of the provision of services in connection with the management of social housing provided by the registered provider, and
(c)is part of the services provider’s senior management.
(6)For the purposes of subsections (4) and (5), an individual is part of a registered provider’s or services provider’s senior management if the individual plays a significant role in—
(a)the making of decisions about how the whole or a substantial part of the activities of the provider which relate to social housing are to be managed or organised, or
(b)the management or organisation of the whole or a substantial part of such activities.
(7)“Senior housing manager” of a registered provider means a relevant individual who—
(a)is an employee of the registered provider, and
(b)is a senior housing and property manager for the registered provider.
(8)“Senior housing manager” of a services provider in relation to a registered provider means a relevant individual who—
(a)is an employee of the services provider,
(b)is a senior housing and property manager for the services provider, and
(c)is involved in the provision of services in connection with the management of social housing provided by the registered provider.
(9)For the purposes of subsections (7) and (8), whether an individual is a senior housing and property manager is to be determined by reference to the description of the occupation of senior housing and property management published by the Institute for Apprenticeships and Technical Education under section ZA10(5) of the Apprenticeships, Skills, Children and Learning Act 2009.
(10)In this section—
“employee” includes a person employed under a contract of apprenticeship;
“relevant individual” has the same meaning as in section 194A.
(11)The following Table gives the meaning of “officer” in relation to services providers for the purposes of this section—
| Services provider | Meaning of “officer” |
|---|---|
| Registered charity which is not a registered company | Trustee, secretary or treasurer |
| Registered society | “Officer” within the meaning given by section 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 |
| Limited liability partnership | A member of the limited liability partnership.] |
Textual Amendments
F1Ss. 194A, 194B inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), ss. 21(1), 46(3); S.I. 2023/1001, reg. 2(i)