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Housing and Regeneration Bill


Housing and Regeneration Bill
Part 2 — Regulation of Social Housing
Chapter 2 — The Social Housing Regulator

40

 

94      

Financial assistance

(1)   

The regulator may, where it thinks it advances a fundamental objective, give

financial assistance to a person in connection with—

(a)   

undertaking research,

(b)   

preparing guidance,

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(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—

(a)   

by way of grant,

(b)   

by way of loan,

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(c)   

by defraying expenditure on behalf of a person, or

(d)   

in any other way except purchasing loan or share capital of a body

corporate.

(3)   

The regulator may, where it thinks it advances a fundamental objective, give

financial assistance to a registered provider by—

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(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

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(which may include provision for repayment, with or without interest).

95      

Evidence

In considering whether to exercise a power under this Part the regulator may

have regard to information or opinions from any source including, in

particular, from—

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(a)   

tenants,

(b)   

bodies representing tenants,

(c)   

local housing authorities, or

(d)   

an ombudsman appointed by virtue of section 120.

Money

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96      

Remuneration

(1)   

The regulator may pay to or in respect of appointed members—

(a)   

remuneration,

(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

under subsection (1).

(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.

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(4)   

The regulator may pay to or in respect of employees —

 
 

Housing and Regeneration Bill
Part 2 — Regulation of Social Housing
Chapter 2 — The Social Housing Regulator

41

 

(a)   

remuneration,

(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.

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97      

Charging

The regulator may charge for giving advice, conducting research or providing

other services.

98      

Assistance by Secretary of State

(1)   

The Secretary of State may make payments to the regulator by way of grant or loan.

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(2)   

A grant or loan may be subject to conditions (which may include provision for

repayment, with or without interest).

99      

Borrowing

(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.

100     

Accounts

(1)   

The regulator shall keep accounts (and records of its accounts).

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(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—

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(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.

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101     

Financial year

(1)   

The regulator’s financial year is each period of 12 months beginning with 1st

April.

(2)   

But the first financial year is the period—

(a)   

beginning with the day on which section 80 comes into force, and

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(b)   

ending with the next 31st March.

 
 

Housing and Regeneration Bill
Part 2 — Regulation of Social Housing
Chapter 2 — The Social Housing Regulator

42

 

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

it.

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103     

Direction to the HCA

(1)   

The regulator may direct the HCA not to give financial assistance to a specified

registered provider—

(a)   

under section 22, and

(b)   

in connection with social housing.

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(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

concluded),

(b)   

the regulator has received notice in respect of the registered provider

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under section 137, or

(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

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the registered provider).

(4)   

A direction shall have effect until withdrawn.

Information

104     

Collection

(1)   

The regulator may for a purpose connected with its functions require a person

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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

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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.

 
 

Housing and Regeneration Bill
Part 2 — Regulation of Social Housing
Chapter 2 — The Social Housing Regulator

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(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

failure.

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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

maximum;

(b)   

on conviction on indictment, to—

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(i)   

imprisonment for a term not exceeding two years,

(ii)   

a fine, or

(iii)   

both.

(5)   

An order under section 104(7) may include provision about costs.

106     

Disclosure

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.

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(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).

 
 

Housing and Regeneration Bill
Part 2 — Regulation of Social Housing
Chapter 3 — Registration

44

 

Chapter 3

Registration

Introduction

107     

Overview

This Chapter provides for the establishment of a register of providers of social

5

housing.

108     

The register

(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.

Eligibility

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

or mainly in England.

(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

as to—

(a)   

its financial situation,

(b)   

its constitution, and

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(c)   

other arrangements for its management.

(6)   

Before setting criteria the regulator must consult—

(a)   

the HCA,

(b)   

one or more bodies appearing to it to represent the interests of

registered providers, and

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(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).

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Housing and Regeneration Bill
Part 2 — Regulation of Social Housing
Chapter 3 — Registration

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(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

charity.

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

housing.

(6)   

Condition 3 is that any other purposes of the body are connected with or

incidental to the provision of housing.

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(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

provision of housing.

(8)   

A body which is not a non-profit organisation under subsection (2) or (3) is a

profit-making organisation.

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(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

accordingly.

Procedure

112     

Entry

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;

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(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

(a) to (c).

(3)   

This section is subject to section 113 (fees).

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Housing and Regeneration Bill
Part 2 — Regulation of Social Housing
Chapter 3 — Registration

46

 

(4)   

Once entered a body remains registered unless and until removed under

section 114 or 115.

(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

113     

Fees

(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

annual fee.

(3)   

The regulator shall—

10

(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.

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

practicable—

(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

and

(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

(5)(a).

(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-

payers.

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(8)   

The regulator’s accounts shall show—

(a)   

fees received, and

(b)   

fees outstanding.

114     

De-registration: compulsory

(1)   

The regulator may remove from the register a body which the regulator

35

thinks—

(a)   

is no longer eligible for registration,

(b)   

has ceased to carry out activities, or

(c)   

has ceased to exist.

(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.

 
 

 
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