|
| |
|
| |
(1) | The regulator may, where it thinks it advances a fundamental objective, give |
| |
financial assistance to a person in connection with— |
| |
(a) | undertaking research, |
| |
| 5 |
(c) | developing and publicising best practice, or |
| |
(d) | facilitating the management of social housing by tenants. |
| |
(2) | Financial assistance under subsection (1) may be given— |
| |
| |
| 10 |
(c) | by defraying expenditure on behalf of a person, or |
| |
(d) | in any other way except purchasing loan or share capital of a body |
| |
| |
(3) | The regulator may, where it thinks it advances a fundamental objective, give |
| |
financial assistance to a registered provider by— |
| 15 |
(a) | lending money to or in respect of the registered provider, or |
| |
(b) | giving a guarantee or indemnity in respect of the registered provider. |
| |
(4) | Financial assistance may be given under subsection (3) only with the consent |
| |
of the Secretary of State (given with the approval of the Treasury). |
| |
(5) | Financial assistance under subsection (1) or (3) may be given on conditions |
| 20 |
(which may include provision for repayment, with or without interest). |
| |
| |
In considering whether to exercise a power under this Part the regulator may |
| |
have regard to information or opinions from any source including, in |
| |
| 25 |
| |
(b) | bodies representing tenants, |
| |
(c) | local housing authorities, or |
| |
(d) | an ombudsman appointed by virtue of section 120. |
| |
| 30 |
| |
(1) | The regulator may pay to or in respect of appointed members— |
| |
| |
(b) | travelling and other allowances, and |
| |
(c) | sums by way of or in respect of pensions and gratuities. |
| 35 |
(2) | The Secretary of State shall determine rates and eligibility criteria for payments |
| |
| |
(3) | If the Secretary of State thinks there are special circumstances that make it right |
| |
to compensate a person on ceasing to be an appointed member, the regulator |
| |
may pay compensation determined by the Secretary of State. |
| 40 |
(4) | The regulator may pay to or in respect of employees — |
| |
|
| |
|
| |
|
| |
(b) | travelling and other allowances, and |
| |
(c) | sums by way of or in respect of pensions and gratuities. |
| |
(5) | In this section a reference to a member or employee includes a reference to a |
| |
former member or employee. |
| 5 |
| |
The regulator may charge for giving advice, conducting research or providing |
| |
| |
98 | Assistance by Secretary of State |
| |
(1) | The Secretary of State may make payments to the regulator by way of grant or loan. |
| 10 |
(2) | A grant or loan may be subject to conditions (which may include provision for |
| |
repayment, with or without interest). |
| |
| |
(1) | The regulator may borrow— |
| |
(a) | by way of overdraft or otherwise, for the purpose of what it considers |
| 15 |
to be short-term management of its finances, or |
| |
(b) | from the Secretary of State. |
| |
(2) | The regulator may not borrow otherwise. |
| |
| |
(1) | The regulator shall keep accounts (and records of its accounts). |
| 20 |
(2) | As soon as is reasonably practicable after the end of each financial year the |
| |
regulator shall prepare a statement of accounts in respect of that financial year. |
| |
(3) | The statement must be in such form as the Secretary of State may direct. |
| |
(4) | The regulator shall, within such period as the Secretary of State may direct, |
| |
send a copy of the statement to— |
| 25 |
(a) | the Secretary of State, and |
| |
(b) | the Comptroller and Auditor General. |
| |
(5) | The Comptroller and Auditor General shall— |
| |
(a) | examine, certify and report on the statement, and |
| |
(b) | lay a copy of the report before Parliament. |
| 30 |
| |
(1) | The regulator’s financial year is each period of 12 months beginning with 1st |
| |
| |
(2) | But the first financial year is the period— |
| |
(a) | beginning with the day on which section 80 comes into force, and |
| 35 |
(b) | ending with the next 31st March. |
| |
|
| |
|
| |
|
Relationship with other bodies |
| |
102 | Cooperation with the HCA |
| |
(1) | The regulator shall cooperate with the HCA. |
| |
(2) | In particular, the regulator shall consult the HCA on matters likely to interest |
| |
| 5 |
| |
(1) | The regulator may direct the HCA not to give financial assistance to a specified |
| |
| |
(a) | under section 22, and |
| |
(b) | in connection with social housing. |
| 10 |
(2) | A direction may be given if— |
| |
(a) | the regulator has decided to hold an inquiry into affairs of the |
| |
registered provider under section 183 (and the inquiry is not |
| |
| |
(b) | the regulator has received notice in respect of the registered provider |
| 15 |
| |
(c) | the regulator has appointed an officer of the registered provider under |
| |
section 233 (and the person appointed has not vacated office). |
| |
(3) | A direction may prohibit the HCA from giving assistance of a specified kind |
| |
(whether or not in pursuance of a decision already taken and communicated to |
| 20 |
the registered provider). |
| |
(4) | A direction shall have effect until withdrawn. |
| |
| |
| |
(1) | The regulator may for a purpose connected with its functions require a person |
| 25 |
to provide documents or information relating to— |
| |
(a) | the financial or other affairs of a registered provider; |
| |
(b) | activities which are or may be carried out by a person who is, or who |
| |
has applied to become, a registered provider. |
| |
(2) | But in the case of a person who is or is likely to be designated as a profit- |
| 30 |
making organisation subsection (1) applies only in so far as its affairs and |
| |
activities concern the provision of social housing. |
| |
(3) | A requirement may specify— |
| |
(a) | the form and manner in which a document or information is to be |
| |
provided (which may include the provision of a legible copy of |
| 35 |
information stored electronically); |
| |
(b) | when and where it is to be provided. |
| |
(4) | The regulator may copy or record documents or information provided. |
| |
(5) | Failure to comply with a requirement without reasonable excuse is an offence. |
| |
|
| |
|
| |
|
(6) | Intentionally altering, suppressing or destroying a document or information to |
| |
which a requirement relates is an offence. |
| |
(7) | If a person fails to comply with a requirement the High Court may, on an |
| |
application by the regulator, make an order for the purpose of remedying the |
| |
| 5 |
105 | Section 104: supplemental |
| |
(1) | A requirement does not require a person to disclose anything which the person |
| |
would be entitled to refuse to disclose on grounds of legal professional |
| |
privilege in proceedings in the High Court. |
| |
(2) | A requirement does not require a banker to breach a duty of confidentiality |
| 10 |
owed to a person who is not— |
| |
(a) | a registered provider, |
| |
(b) | a subsidiary of a registered provider, or |
| |
(c) | an associate of a registered provider. |
| |
(3) | A person guilty of an offence under section 104(5) is liable on summary |
| 15 |
conviction to a fine not exceeding level 5 on the standard scale. |
| |
(4) | A person guilty of an offence under section 104(6) is liable— |
| |
(a) | on summary conviction, to a fine not exceeding the statutory |
| |
| |
(b) | on conviction on indictment, to— |
| 20 |
(i) | imprisonment for a term not exceeding two years, |
| |
| |
| |
(5) | An order under section 104(7) may include provision about costs. |
| |
| 25 |
(1) | A public authority may disclose information to the regulator for a purpose |
| |
connected with the regulator’s functions. |
| |
(2) | The regulator may disclose information to a public authority— |
| |
(a) | for a purpose connected with the regulator’s functions, or |
| |
(b) | for a purpose connected with the authority’s functions. |
| 30 |
(3) | A disclosure may be subject to restrictions on further disclosure. |
| |
(4) | Disclosure in contravention of a restriction under subsection (3) is an offence. |
| |
(5) | A person guilty of an offence is liable on summary conviction to a fine not |
| |
exceeding level 3 on the standard scale. |
| |
(6) | “Public authority” means a person having functions of a public nature |
| 35 |
(whether or not in the United Kingdom). |
| |
|
| |
|
| |
|
| |
| |
| |
| |
This Chapter provides for the establishment of a register of providers of social |
| 5 |
| |
| |
(1) | The regulator shall maintain a register of providers of social housing. |
| |
(2) | The regulator shall make the register available for inspection by the public. |
| |
| 10 |
109 | Eligibility for registration |
| |
(1) | An English body is eligible for registration if— |
| |
(a) | it satisfies the following conditions, and |
| |
(b) | it does not fall within the exceptions in section 110. |
| |
(2) | Condition 1 is that the body— |
| 15 |
(a) | is a provider of social housing in England, or |
| |
(b) | intends to become a provider of social housing in England. |
| |
(3) | Condition 2 is that the regulator thinks that the social housing is or will be only |
| |
| |
(4) | Once a body has been registered it does not cease to be eligible for registration |
| 20 |
by virtue only of ceasing to satisfy Condition 2. |
| |
(5) | Condition 3 is that the body satisfies any relevant criteria set by the regulator |
| |
| |
(a) | its financial situation, |
| |
(b) | its constitution, and |
| 25 |
(c) | other arrangements for its management. |
| |
(6) | Before setting criteria the regulator must consult— |
| |
| |
(b) | one or more bodies appearing to it to represent the interests of |
| |
registered providers, and |
| 30 |
(c) | one or more bodies appearing to it to represent the interests of tenants. |
| |
110 | Local authority non-registrable bodies |
| |
(1) | This section sets out the exceptions to section 109(1). |
| |
(2) | Exception 1 is a local housing authority within the meaning of section 1 of the |
| |
Housing Act 1985 (c. 68). |
| 35 |
|
| |
|
| |
|
(3) | Exception 2 is a county council. |
| |
(4) | Exception 3 is a person controlled by an authority within Exception 1 or 2. |
| |
(5) | The Secretary of State may make regulations prescribing classes of person who |
| |
are to be, or not to be, treated as falling within Exception 3. |
| |
111 | Profit-making and non-profit organisations |
| 5 |
(1) | Each entry in the register shall designate the body registered as either— |
| |
(a) | a non-profit organisation, or |
| |
(b) | a profit-making organisation. |
| |
(2) | A body is a non-profit organisation if it is a registered or non-registrable |
| |
| 10 |
(3) | A body is also a non-profit organisation if it satisfies the following conditions. |
| |
(4) | Condition 1 is that the body— |
| |
(a) | does not trade for profit, or |
| |
(b) | is prohibited by its constitution from issuing capital with interest or |
| |
dividend at a rate exceeding that prescribed under section 1(1)(b) of the |
| 15 |
Housing Associations Act 1985 (c. 69). |
| |
(5) | Condition 2 is that a purpose of the body is the provision or management of |
| |
| |
(6) | Condition 3 is that any other purposes of the body are connected with or |
| |
incidental to the provision of housing. |
| 20 |
(7) | The Secretary of State may make regulations providing that a specified |
| |
purpose is to be, or not to be, treated as connected with or incidental to the |
| |
| |
(8) | A body which is not a non-profit organisation under subsection (2) or (3) is a |
| |
profit-making organisation. |
| 25 |
(9) | If the regulator thinks that what was a profit-making organisation has become |
| |
a non-profit organisation, the regulator must change the registered designation |
| |
| |
| |
| 30 |
(1) | The regulator shall register anyone who— |
| |
(a) | is eligible for registration, and |
| |
(b) | applies to be registered. |
| |
(2) | The regulator may make provision about— |
| |
(a) | the form of an application; |
| 35 |
(b) | the information to be contained in it or provided with it; |
| |
(c) | the manner in which an application is to submitted; |
| |
(d) | the consequences of failure to comply with provision under paragraphs |
| |
| |
(3) | This section is subject to section 113 (fees). |
| 40 |
|
| |
|
| |
|
(4) | Once entered a body remains registered unless and until removed under |
| |
| |
(5) | It shall be presumed for all purposes that a person entered in the register is |
| |
eligible for registration while the registration lasts (irrespective of whether and |
| |
why the person is later removed from the register). |
| 5 |
| |
(1) | The regulator may make initial registration conditional upon payment of a fee. |
| |
(2) | The regulator may make continued registration conditional upon payment of an |
| |
| |
| 10 |
(a) | prescribe the amount of a fee, and |
| |
(b) | make provision about the periods during which and in respect of which |
| |
| |
(4) | The regulator may set different fees, and make different provision, for different |
| |
| 15 |
(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 |
| |
| |
(a) | fee income matches expenditure on the performance of functions, |
| |
(b) | each fee is reasonable and proportionate to the costs to which it relates, |
| 20 |
| |
(c) | actual or potential registered providers can see the relationship |
| |
between the amount of a fee and the costs to which it relates. |
| |
(6) | The principles may provide for specified expenditure or potential expenditure |
| |
under section 94 or otherwise to be disregarded for the purpose of subsection |
| 25 |
| |
(7) | In preparing (or revising) the principles the regulator shall consult— |
| |
(a) | the Secretary of State, and |
| |
(b) | persons appearing to the regulator to represent the interests of fee- |
| |
| 30 |
(8) | The regulator’s accounts shall show— |
| |
| |
| |
114 | De-registration: compulsory |
| |
(1) | The regulator may remove from the register a body which the regulator |
| 35 |
| |
(a) | is no longer eligible for registration, |
| |
(b) | has ceased to carry out activities, or |
| |
| |
(2) | Before removing a body under subsection (1)(a) or (b) the regulator must— |
| 40 |
(a) | take all reasonable steps to give the body at least 14 days’ notice, and |
| |
(b) | consider any representations it makes in that period. |
| |
|
| |
|