2010 No. 671
The Housing and Regeneration Act 2008 (Consequential Provisions) (No. 2) Order 2010
Made
Laid before Parliament
Coming into force in accordance with article 1(2)
The Secretary of State, in exercise of the powers conferred by sections 67, 320 and 321 of the Housing and Regeneration Act 20081, makes the following Order:
Citation and commencement1
1
This Order may be cited as the Housing and Regeneration Act 2008 (Consequential Provisions) (No. 2) Order 2010.
2
This Order comes into force on the day section 111 of the Housing and Regeneration Act 2008 (register) comes into force.
Interpretation2
1
In this Order—
“the 1996 Act” means the Housing Act 19962;
“the 2008 Act” means the Housing and Regeneration Act 2008;
“the 2008 Order” means the Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 20083;
“the commencement date” means the day on which this Order comes into force; and
“English registered social landlord”, in relation to times, circumstances or purposes before the commencement date, means any person who, at the time in question—
- i
is a registered social landlord within the meaning of Part 1 of the 1996 Act as it then has effect and does not fall within section 56(2) of that Act as it then has effect, or
- ii
has a corresponding registration under an earlier enactment.
- i
2
References in this Order to words in an enactment which are being amended or repealed by the Order are references to the words in the text of the enactment (and therefore do not describe any non-textual modification of that enactment made by the 2008 Order or any other provision).
3
References in this Order to repeals include revocations.
Extent3
An amendment or repeal made by this Order has the same extent as the enactment to which it relates.
Consequential amendments4
The enactments specified in Schedule 1 to this Order have effect with the amendments specified.
Transitional and saving provisions5
The amendments and repeals made by this Order have effect subject to the transitional and saving provisions in Schedule 2 to this Order.
Repeals6
1
The enactments specified in Schedule 3 to this Order are repealed to the extent specified.
2
The 2008 Order is revoked subject to the transitional and saving provisions in this Order and in an order under section 321 or 325 of the 2008 Act.
Signed by authority of the Secretary of State for Communities and Local Government
SCHEDULE 1Amendment of enactments
Rent Act 1977 (Forms etc.) Regulations 19801
In Schedule 1 to the Rent Act 1977 (Forms etc.) Regulations 19804, for “Housing Corporation”, wherever appearing, substitute “Regulator of Social Housing or Welsh Ministers”.
Greater London Council (General Powers) Act 19812
In section 16 of the Greater London Council (General Powers) Act 19815 (exemption of certain hostels) for paragraph (l) substitute—
l
occupied, used or managed by a private registered provider of social housing;
Greater London Council (General Powers) Act 19843
In section 10(2) of the Greater London Council (General Powers) Act 19846 (exemption of certain buildings) for paragraph (h) substitute—
h
occupied, used or managed by a private registered provider of social housing;
Housing (Right to Buy) (Prescribed Forms) Regulations 19864
In Schedule 1 to the Housing (Right to Buy) (Prescribed Forms) Regulations 19867, under the heading “What happens next?”, in the list of “Public Sector landlords”, for “Housing Corporation” substitute “the Regulator of Social Housing”.
Secure Tenancies (Notices) Regulations 1987
5
The Secure Tenancies (Notices) Regulations 19878 are amended as follows.
6
In paragraph 4 of Part 1 of the Schedule to the Regulations, for “(or, in the case of a housing association landlord, the Housing Corporation)” substitute “(or, in the case of a landlord of a property in England which is a private registered provider of social housing, from the Regulator of Social Housing)”.
7
In paragraph 4 of Part 2 of the Schedule to the Regulations, for “(or, in the case of a housing association landlord, the Housing Corporation)” substitute “(or, in the case of a landlord of a property in England which is a private registered provider of social housing, from the Regulator of Social Housing)”.
8
In paragraph 2 of Part 3 of the Schedule to the Regulations, after “registered social landlord” insert “or a private registered provider of social housing”.
Income Support (General) Regulations 19879
In regulation 2(1) of the Income Support (General) Regulations 19879 (interpretation), in paragraph (i) of the definition of “service user group” for “registered provider” substitute “private registered provider of social housing”.
Social Security (Claims and Payments) Regulations 1987
10
The Social Security (Claims and Payments) Regulations 198710 are amended as follows.
11
In paragraph 1(1) of Schedule 9 to the Regulations (interpretation), in the definition of “hostel”, in paragraph (b)(i), for “the Housing Corporation established by the Housing Act 1964” substitute “the Regulator of Social Housing or the Welsh Ministers”.
12
In paragraph 8(a) of Schedule 9A to the Regulations (qualifying lenders), for “Housing Corporation” substitute “Regulator of Social Housing”.
New Towns (Transfer of Housing Stock) Regulations 199013
In regulation 5 of the New Towns (Transfer of Housing Stock) Regulations 199011 (approved persons), for “Housing Corporation”, wherever appearing, substitute “Regulator of Social Housing”.
Housing (Extension of Right to Buy) Order 199314
In article 3(2) of the Housing (Extension of Right to Buy) Order 199312 (application of extension of right to buy), for “the Corporation” substitute “the Regulator of Social Housing or Welsh Ministers”.
Jobseeker’s Allowance Regulations 199615
In regulation 1(3) of the Jobseeker’s Allowance Regulations 199613 (interpretation), in paragraph (i) of the definition of “service user group” for “registered provider” substitute “private registered provider of social housing”.
Social Landlords (Permissible Additional Purposes or Objects) Order 1996
16
The Social Landlords (Permissible Additional Purposes or Objects) Order 199614 is amended as follows.
17
In article 2(1) (interpretation) omit the definitions of “qualifying lending institution” and “regulated mortgage contract” as they apply in relation to English registered social landlords.
18
In article 3 (additional permissible purposes or objects) omit paragraph (d) as it applies in relation to English registered social landlords.
Social Security Benefit (Computation of Earnings) Regulations 199619
In regulation 9(4) of the Social Security Benefit (Computation of Earnings) Regulations 199615 (earnings of employed earners), in paragraph (i) of the definition of “service user group” for “registered provider” substitute “private registered provider of social housing”.
Leasehold Reform (Notices) Regulations 199720
In the Schedule to the Leasehold Reform (Notices) Regulations 199716—
a
in paragraph 5 of the Notes to Form 1 and paragraph 4 of the Notes to Form 2, after “housing associations” insert “, private registered providers of social housing”, and
b
in paragraph 8 of the Notes to Form 1 and paragraph 7 of the Notes to Form 2, after “housing association” insert “, a private registered provider of social housing”.
Long Residential Tenancies (Principal Forms) Regulations 199721
In Form 2 in the Schedule to the Long Residential Tenancies (Principal Forms) Regulations 199717, in the outline of ground 14A in Note 12, after “registered social landlord” insert “, private registered provider of social housing”.
Assured and Protected Tenancies (Letting to Students) Regulations 199822
In regulation 5 of the Assured and Protected Tenancies (Letting to Students) Regulations 199818 (specified bodies), for paragraph (a) substitute—
a
any housing association (as defined in section 1 of the Housing Associations Act 1985) which is—
i
a private registered provider of social housing, or
ii
a registered social landlord under Part 1 of the Housing Act 1996,
and which is not listed in Schedule 1 to these Regulations; and
National Minimum Wage Regulations 199923
In the National Minimum Wage Regulations 199919, in regulation 31(5)(a) (reductions from payments to be taken into account) after “in England and Wales” delete the comma and insert—
—
i
a private registered provider of social housing, and shall in addition include subsidiaries or associates as defined in Part 2 of the Housing and Regeneration Act 2008, or
ii
Social Landlords (Additional Purposes or Objects) Order 199924
In article 3(3) of the Social Landlords (Additional Purposes or Objects) Order 199920 (priority of mortgages) omit the definitions of “qualifying lending institution” and “regulated mortgage contract” as they apply in relation to English registered social landlords.
Public Interest Disclosure (Prescribed Persons) Order 199925
In the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 199921, in the entry in the table relating to the Regulator of Social Housing, for “registered social landlords” substitute “private registered providers of social housing”.
Asylum Support (Interim Provisions) Regulations 199926
In regulation 10(b) of the Asylum Support (Interim Provisions) Regulations 199922 (assistance to those providing support), before “registered social landlord” insert “private registered provider of social housing or”.
Financial Services and Markets Act 2000 (Exemption) Order 200127
In Part 4 of the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 200123 (persons exempt in respect of particular regulated activities), in paragraph 48(2) after sub-paragraph (a) insert—
aa
a non-profit registered provider of social housing;
State Pension Credit Regulations 200228
In regulation 1(2) of the State Pension Credit Regulations 200224 (interpretation), in paragraph (i) of the definition of “service user group” for “registered provider” substitute “private registered provider of social housing”.
Allocation of Housing (England) Regulations 200229
In regulation 2 of the Allocation of Housing (England) Regulations 200225 (interpretation), in the definition of “family intervention tenancy” after “registered social landlord” insert “or a private registered provider of social housing”.
Government Resources and Accounts Act 2000 (Rights of Access of Comptroller and Auditor General) Order 200330
For article 4 of the Government Resources and Accounts Act 2000 (Rights of Access of Comptroller and Auditor General) Order 200326 (registered social landlords) substitute—
Private registered providers of social housing4
1
Section 8(1) of the Government Resources and Accounts Act 2000 shall apply in relation to relevant documents held or controlled by a body that is or was a private registered provider of social housing or a registered social landlord.
2
In paragraph (1) —
a
“registered social landlord” means a body which was registered as a social landlord in a register maintained under section 1 of the Housing Act 1996 before the commencement of section 278 of the Housing and Regeneration Act 2008 and in relation to whom the Relevant Authority was the Regulator of Social Housing (in accordance with section 56 of the Housing Act 1996), and
b
“relevant documents” means documents that relate to the functions carried out by the private registered provider of social housing or the registered social landlord.
Land Registration Rules 2003
31
The Land Registration Rules 200327 are amended as follows.
32
In rule 183A (registration of registered social landlords and unregistered housing associations)—
a
in the heading after “registered social landlords” insert “, private registered providers of social housing”, and
b
after paragraph (1) insert—
1A
If an applicant for registration as proprietor of a registered estate or a registered charge is, or holds on trust for, a private registered provider of social housing, the application must include a certificate to that effect.
33
In Schedule 4 (standard forms of restriction)—
a
for Form W substitute—
Form W (Paragraph 4 of Schedule 9A to the Housing Act 1985)
b
for Form X substitute—
Form X (Section 81 or 133 of the Housing Act 1988 or section 173 of the Local Government and Housing Act 1989)
c
for Form Y, substitute—
Form Y (Section 13 of the Housing Act 1996)
d
for Form KK substitute—
Form KK (Lease by registered social landlord or non-profit registered provider of social housing)
Service Charges (Consultation Requirements) (England) Regulations 200334
In regulation 2 of the Service Charges (Consultation Requirements) (England) Regulations 200328 (interpretation), in the definition of “RTB tenant” before “or section 16” insert “section 180 of the Housing and Regeneration Act 2008”.
Local Authorities (Capital Finance and Accounting) (England) Regulations 200335
In regulation 17(1) of the Local Authorities (Capital Finance and Accounting) (England) Regulations 200329 (provision of affordable housing), for “a social landlord registered under section 1 of the Housing Act 1996 (the register of social landlords)” substitute “a private registered provider of social housing”.
Homelessness (Suitability of Accommodation) (England) Order 200336
In article 2 of the Homelessness (Suitability of Accommodation) (England) Order 200330 (interpretation), in the definition of “B&B accommodation” for “a registered social landlord” substitute “a non-profit registered provider of social housing”.
Crime and Disorder Strategies (Prescribed Description) (England) Order 200437
For article 2(2)(f) of the Crime and Disorder Strategies (Prescribed Description) (England) Order 200431 (prescribed persons) substitute—
f
a private registered provider of social housing which is a landlord of social housing (within the meaning of Part 2 of the Housing and Regeneration Act 2008) in that local government area.
Magistrates’ Courts (Parenting Orders) Rules 200438
In Schedules 7 and 8 to the Magistrates’ Courts (Parenting Orders) Rules 200432 after “registered social landlord”, in each place, insert “or non-profit registered provider of social housing”.
Displaced Persons (Temporary Protection) Regulations 2005
39
The Displaced Persons (Temporary Protection) Regulations 200533 are amended as follows.
40
In regulation 8(1) (housing: requests for assistance) after “(c) a registered social landlord;” insert—
cc
a private registered provider of social housing;
41
In regulation 8(3) after “registered social landlord” insert “or a private registered provider of social housing”.
Community Interest Company Regulations 200542
In regulation 23(10) of the Community Interest Company Regulations 200534 (distribution of assets on winding up) after “Housing Act 1996” insert “, Part 2 of the Housing and Regeneration Act 2008”.
Housing (Right of First Refusal) (England) Regulations 2005
43
The Housing (Right of First Refusal) (England) Regulations 200535 are amended as follows.
44
In regulation 8(2) (nomination of another person to accept an offer) for paragraph (a) substitute—
a
are private registered providers of social housing; or
45
In regulation 15 (disposal of property acquired under right to acquire), for “section 16 of the Housing Act 1996” substitute “section 180 of the Housing and Regeneration Act 2008”.
46
In regulation 17 (disposal of property acquired on voluntary disposal at a discount by registered social landlord)—
a
in the heading, for “registered social landlord” substitute “private registered provider of social housing”,
b
in paragraph (1), after “section 9 of the Housing Act 1996” insert “or a private registered provider of social housing using its power to dispose of land in section 171 of the Housing and Regeneration Act 2008”, and
c
in paragraph (2) for paragraph (a) substitute—
a
for the definition of “former landlord” substitute—
“former owner” means the registered social landlord which disposed of the property under section 9 of the Housing Act 1996 or the private registered provider of social housing which disposed of the property under section 171 of the Housing and Regeneration Act 2008
NHS Blood and Transplant (Gwaed a Thrawsblaniadau’r GIG) Regulations 200547
In regulation 3(1)(g)(iii) of the NHS Blood and Transplant (Gwaed a Thrawsblaniadau’r GIG) Regulations 200536, after “registered social landlord” insert “or a private registered provider of social housing”.
Housing (Right of First Refusal) (Wales) Regulations 2005
48
The Housing (Right of First Refusal) (Wales) Regulations 200537 are amended as follows.
49
In regulation 17 (disposal of property acquired on voluntary disposal at a discount by registered social landlord)—
a
in paragraph (1), after “section 9 of the Housing Act 1996” insert “or a private registered provider of social housing using its power to dispose of land in section 171 of the Housing and Regeneration Act 2008”, and
b
in paragraph (2) for paragraph (a) substitute—
a
for the definition of “former landlord” substitute—
“former owner” (“perchennog blaenorol”) means the registered social landlord which disposed of the property under section 9 of the Housing Act 1996 or the private registered provider of social housing which disposed of the property under section 171 of the Housing and Regeneration Act 2008
Housing Benefit Regulations 2006
50
The Housing Benefit Regulations 200638 are amended as follows.
51
In regulation 2(1) (interpretation)—
a
for the definition of “registered housing association” substitute—
“registered housing association” means—
- a
a private registered provider of social housing;
- b
a housing association which is registered in a register maintained by the Welsh Ministers under Chapter 1 of Part 1 of the Housing Act 1996; or
- c
a housing association which is registered by Scottish Ministers by virtue of section 57(3)(b) of the Housing (Scotland) Act 2001;
b
in paragraph (i) of the definition of “service user group” for “registered provider” substitute “private registered provider of social housing”.
52
In regulation 13C(5) (when a maximum rent is to be determined), for paragraph (a) substitute—
a
the landlord is—
i
a registered social landlord,
ii
a non-profit registered provider of social housing, or
iii
in relation to a dwelling which is social housing (within the meaning of sections 68 to 77 of the Housing and Regeneration Act 2008), a profit-making registered provider of social housing;
53
In regulation 114A(8)(j) (information to be provided to rent officers), after “housing association” insert “, private registered provider of social housing”.
54
In paragraph 3(1) of Schedule 2 (excluded tenancies), for “sub-paragraph (2)” substitute “sub-paragraphs (1A) and (2)”.
55
After paragraph 3(1) of Schedule 2 insert—
1A
In relation to a profit-making registered provider of social housing, sub-paragraph (1)(a) only applies to its social housing (within the meaning of sections 68 to 77 of the Housing and Regeneration Act 2008).
Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
56
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200639 are amended as follows.
57
In regulation 2(1) (interpretation)—
a
for the definition of “registered housing association” substitute—
“registered housing association” means—
- a
a private registered provider of social housing;
- b
a housing association which is registered in a register maintained by the Welsh Ministers under Chapter 1 of Part 1 of the Housing Act 1996; or
- c
a housing association which is registered by Scottish Ministers by virtue of section 57(3)(b) of the Housing (Scotland) Act 2001;
b
in paragraph (i) of the definition of “service user group” for “registered provider” substitute “private registered provider of social housing”.
58
In regulation 13C(5) (when a maximum rent is to be determined), for paragraph (a) substitute—
a
the landlord is—
i
a registered social landlord,
ii
a non-profit registered provider of social housing, or
iii
in relation to a dwelling which is social housing (within the meaning of sections 68 to 77 of the Housing and Regeneration Act 2008), a profit-making registered provider of social housing;
59
In regulation 95A(8)(j) (information to be provided to rent officers), after “housing association” insert “, private registered provider of social housing”.
60
In paragraph 3(1) of Schedule 2 (excluded tenancies), for “sub-paragraph (2)” substitute “sub-paragraphs (1A) and (2)”.
61
After paragraph 3(1) of Schedule 2 insert—
1A
In relation to a profit-making registered provider of social housing, sub-paragraph (1)(a) only applies to its social housing (within the meaning of sections 68 to 77 of the Housing and Regeneration Act 2008).
Council Tax Benefit Regulations 200662
In regulation 2(1) of the Council Tax Benefit Regulations 200640 (interpretation), in paragraph (i) of the definition of “service user group” for “registered provider” substitute “private registered provider of social housing”.
Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200663
In regulation 2(1) of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200641 (interpretation), in paragraph (i) of the definition of “service user group” for “registered provider” substitute “private registered provider of social housing”.
Community Benefit Societies (Restriction on Use of Assets) Regulations 200664
In regulation 2 of the Community Benefit Societies (Restriction on Use of Assets) Regulations 200642 (interpretation), in the definition of “registered social landlord”, for paragraph (a) substitute—
a
a housing association which is a private registered provider of social housing or is registered as a registered social landlord under Part 1 of the Housing Act 1996; or
Housing (Interim Management Orders) (Prescribed Circumstances) (England) Order 200665
In regulation 2 of the Housing (Interim Management Orders) (Prescribed Circumstances) (England) Order 200643, for paragraph (2) substitute—
2
In this article “private sector landlord” does not include—
a
a non-profit registered provider of social housing, or
b
in relation to a house which is social housing (within the meaning in Part 2 of the Housing and Regeneration Act 2008), a profit-making registered provider of social housing.
Appointments Commission Regulations 200666
In regulation 5(1) of the Appointments Commission Regulations 200644 (disqualification for appointment), in sub-paragraph (o)(iii), after “registered social landlord” insert “or a private registered provider of social housing”.
Legislative and Regulatory Reform (Regulatory Functions) Order 200767
In Part 1 of the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 200745 (specified regulatory functions) for “Housing Corporation” substitute “Regulator of Social Housing”.
Regulated Covered Bonds Regulations 200868
In regulation 2(3) of the Regulated Covered Bonds Regulations 200846, in the definition of “registered social landlord” after “in England and Wales, means” insert “a private registered provider of social housing or”.
Charities (Accounts and Reports) Regulations 200869
In regulation 2 of the Charities (Accounts and Reports) Regulations 200847 (interpretation) in the definition of “special case charity” for paragraph (a) substitute—
a
a charity which is—
i
a registered social landlord within the meaning of the Housing Act 1996 and whose registration has been the subject of a notice under section 3(3)(a) of that Act (Welsh registered social landlord);
ii
a non-profit registered provider of social housing by virtue of section 278 of the Housing and Regeneration Act 2008 and whose registration as social landlord was the subject of a notice under section 3(3)(a) of the Housing Act 1996 (English registered provider of social housing which was a registered social landlord); or
iii
a non-profit registered provider of social housing and whose registration as a provider of social housing has been the subject of a notice under section 120(1)(a) of the Housing and Regeneration Act 2008 (English registered provider of social housing);
Employment and Support Allowance Regulations 200870
In regulation 2(1) of the Employment and Support Allowance Regulations 200848 (interpretation), in paragraph (i) of the definition of “service user group” for “registered provider” substitute “private registered provider of social housing”.
Social Security (Use of Information for Housing Benefit and Welfare Services Purposes) Regulations 200871
In regulation 4(2) of the Social Security (Use of Information for Housing Benefit and Welfare Services Purposes) Regulations 200849 (holding purposes relating to welfare services), in sub-paragraph (d)(i) after “registered social landlord” insert “or a private registered provider of social housing”.
National Information Governance Board Regulations 200872
In regulation 3(g)(iii) of the National Information Governance Board Regulations 200850 (disqualification from office) after “registered social landlord” insert “or a private registered provider of social housing”.
Housing (Replacement of Terminated Tenancies) (Successor Landlords) (Wales) Order 2009
73
The Housing (Replacement of Terminated Tenancies) (Successor Landlords) (Wales) Order 200951 is amended as follows.
74
In article 4 (nature of replacement tenancies)—
a
in the modified version of paragraph 17(b) of Schedule 11 to the Housing and Regeneration Act 2008, in sub-paragraph (v) after “registered social landlord” insert “or a private registered provider of social housing”, and
b
in the modified version of paragraph 17(e) of Schedule 11 to the Housing and Regeneration Act 2008, in sub-paragraph (ii) after “registered social landlord” insert “or a private registered provider of social housing”.
Housing (Replacement of Terminated Tenancies) (Successor Landlords) (England) Order 2009
75
The Housing (Replacement of Terminated Tenancies) (Successor Landlords) (England) Order 200952 is amended as follows.
76
In article 4 (nature of replacement tenancies)—
a
in the modified version of paragraph 17(b) of Schedule 11 to the Housing and Regeneration Act 2008, in sub-paragraph (v) after “registered social landlord” insert “or a private registered provider of social housing”, and
b
in the modified version of paragraph 17(e) of Schedule 11 to the Housing and Regeneration Act 2008, in sub-paragraph (ii) after “registered social landlord” insert “or a private registered provider of social housing”.
Housing (Shared Ownership Leases) (Exclusion from Leasehold Reform Act 1967) (England) Regulations 2009
77
The Housing (Shared Ownership Leases) (Exclusion from Leasehold Reform Act 1967) (England) Regulations 200953 are amended as follows.
78
For each reference to “registered social landlord” in regulation 8 (prescribed conditions for protected areas), wherever appearing, substitute “private registered provider of social housing”.
79
Omit regulation 8(7).
SCHEDULE 2Transitional and saving provision
Interpretation1
In this Schedule—
“devolved legislation” means an Act of the Scottish Parliament, a Measure of the National Assembly for Wales or Northern Ireland legislation;
“the HCA” means the Homes and Communities Agency;
“Northern Ireland legislation” has the same meaning as in section 24 of the Interpretation Act 197854;
“subordinate legislation” has the same meaning as in the Interpretation Act 1978 and also includes an instrument made under an Act of the Scottish Parliament, a Measure of the National Assembly for Wales or Northern Ireland legislation, and
“the TSA” means the Regulator of Social Housing.
General2
1
No amendment or repeal made by this Order affects the validity of anything done (or having effect as if done) by or in relation to an English registered social landlord before the commencement date.
2
A reference (express or implied) in any amendment made by this Order to a provision of Part 1 or 2 of the 2008 Act is, so far as the context permits, to be read as including, in relation to times, circumstances or purposes before the commencement date, a reference to any corresponding former provision of Part 1 of the 1996 Act or any corresponding earlier enactment.
3
In particular, a reference (express or implied) in any amendment made by this Order to registration as a provider of social housing (without further differentiation), registration as a private provider of social housing (without further differentiation) or registration as a non-profit provider of social housing (with or without further differentiation) is, so far as the context permits, to be read as including, in relation to times, circumstances or purposes before the commencement date, a reference to registration as an English registered social landlord.
4
Anything done (or having effect as if done) by or in relation to a person as an English registered social landlord is, if in force or effective immediately before the commencement date, to have effect for the purposes of any amendment made by this Order as if done by or in relation to that person as a non-profit registered provider of social housing so far as that is required for continuing its effect on and after the commencement date.
5
The references in sub-paragraphs (1) and (4) to things done include references to things omitted to be done.
Saving for certain effects of the 2008 Order3
1
Article 6(2) of the 2008 Order continues to apply on and after the commencement date in relation to any instrument or other document (other than an Act, devolved legislation or subordinate legislation) so far as required for the purposes of any substitution made by this Order of the HCA or the TSA for the Housing Corporation.
2
Anything which, immediately before the commencement date, is being continued by or in relation to the HCA or the TSA by virtue of article 6(3) of the 2008 Order may, so far as it relates to any function under an enactment in which the HCA or the TSA is substituted for the Housing Corporation by this Order, continue to be so continued on and after the commencement date.
3
Anything which has effect as if done by or in relation to the HCA or the TSA by virtue of article 6(4) of the 2008 Order is, if in force or effective immediately before the commencement date and so far as the enactment continues to apply to the HCA or the TSA by virtue of this Order, to continue to have effect as if done by or in relation to the HCA or the TSA so far as that is required for continuing its effect on and after the commencement date.
4
The references in sub-paragraph (3) to things done include references to things omitted to be done.
Saving in relation to priority of mortgage provisions4
Any repeal made by this Order of the Social Landlords (Additional Purposes or Objects) (Amendment) (England) Order 200555 does not apply to that enactment so far as it is saved by an order under section 322 of the 2008 Act.
New references to registered social landlords5
Any saving or transitional provision, or any provision about the continuity of the law, which was made by or under the 1996 Act and is in force or effective immediately before the commencement date in relation to a reference (express or implied) to a registered social landlord is to continue to apply, on and after that date, in relation to any corresponding reference to a registered social landlord in an amendment made by this Order so far as the provision concerned remains capable of having effect in relation to that reference.
General consequential modification of documents6
1
A reference (express or implied) in any instrument or other document (other than an Act, devolved legislation or subordinate legislation) made before the commencement date to a relevant provision of Part 1 of the 1996 Act is, in relation to times, circumstances or purposes on or after the commencement date and so far as required for the purposes of this Order or any order under section 321 or 325 of the 2008 Act, to be read as being, or as the case may require including, a reference to the corresponding provision of Part 1 or 2 of the 2008 Act.
2
In particular, a reference (express or implied) in any instrument or other document (other than an Act, devolved legislation or subordinate legislation) made before the commencement date to registration as an English registered social landlord is, in relation to times, circumstances or purposes on or after the commencement date and so far as required for the purposes of this Order or any order under section 321 or 325 of the 2008 Act, to be read as being a reference to registration as a non-profit provider of social housing.
3
In this paragraph “relevant provision” means any provision so far as relating to an English registered social landlord which is repealed and re-enacted, with or without modifications, by or under any provision of Part 1 or 2 of the 2008 Act,
Consequential modifications: preserved right to buy7
1
Any enactment made under section 171C of the Housing Act 198556 which is in force immediately before the commencement date shall continue to have effect on and after that date with the modifications set out in sub-paragraph (2) (and any other necessary related modifications).
2
The modifications referred to in sub-paragraph (1) are that—
a
references to a registered social landlord shall be treated as references to a private registered provider of social housing, and
b
references to the Corporation shall be treated as references to the Welsh Ministers, the HCA or the TSA, as the context requires.
Preserved right to buy: outstanding applications8
The preserved right to buy provisions continue to apply on and after the commencement date in relation to any case where—
a
a claim was made before the commencement date to exercise a preserved right to buy in relation to an interest in land in England held by an English registered social landlord, but
b
the claim was not determined, or any purchase was not completed, before that date.
2
In their application by virtue of sub-paragraph (1), the preserved right to buy provisions have effect—
a
without any amendments or repeals of them made by this Order or made by an order under section 114 or 321 of the 2008 Act,
b
as if the 2008 Order were not revoked by this Order, and
c
as if references to registered social landlords were or (as the case may be) included, in relation to times, circumstances or purposes on and after the commencement date, references to private registered providers of social housing.
3
In this paragraph “the preserved right to buy provisions” means sections 171A to H of the Housing Act 198557 and any other enactment, instrument or other document so far as it has effect under or otherwise in connection with that section.
SCHEDULE 3Repeals
Title | Extent of repeal |
|---|---|
The Social Landlords (Permissible Additional Purposes or Objects) Order 199658 | In article 2, the definitions of “qualifying lending institution” and “regulated mortgage contract” as they apply in relation to English registered social landlords. |
In article 3, paragraph (d) as it applies in relation to English registered social landlords. | |
The Social Landlords (Additional Purposes or Objects) Order 199959 | In article 3, the definitions of “qualifying lending institution” and “regulated mortgage contract” as they apply in relation to English registered social landlords. |
The Social Landlords (Additional Purposes or Objects) (Amendment) (England) Order 200560 | The whole Order. |
The Social Landlords (Grants to Bodies other than Registered Social Landlords) (Additional Purposes) (England) Order 200661 | The whole Order. |
The Social Landlords (Permissible Additional Purposes) (England) Order 200662 | The whole Order. |
The Caravan Sites Act 1968 and Social Landlords (Permissible Additional Purposes) (England) Order 2006 (Definition of Caravan) (Amendment) (England) Order 200663 | Article 3. |
The Housing and Regeneration Act 2008 (Consequential Provisions) (No. 2) Order 200864 | In Schedule 1, paragraph 14. |
The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 200865 | The whole Order. |
The Housing Corporation (Dissolution) Order 200966 | In Schedule 1, paragraph 13. |
The Housing (Shared Ownership Leases) (Exclusion from Leasehold Reform Act 1967) (England) Regulations 200967 | Regulation 8(7). |
(This note is not part of the Order)