|
| |
|
| |
(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. |
| |
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113 | Eligibility for registration |
| 5 |
(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 114. |
| |
(2) | Condition 1 is that the body— |
| |
(a) | is a provider of social housing in England, or |
| 10 |
(b) | intends to become a provider of social housing in England. |
| |
(3) | Condition 2 is that the body satisfies any relevant criteria set by the regulator |
| |
| |
(a) | its financial situation, |
| |
(b) | its constitution, and |
| 15 |
(c) | other arrangements for its management. |
| |
(4) | Before setting criteria the regulator must consult— |
| |
| |
(b) | one or more bodies appearing to it to represent the interests of |
| |
registered providers, and |
| 20 |
(c) | one or more bodies appearing to it to represent the interests of tenants. |
| |
114 | Local authority non-registrable bodies |
| |
(1) | This section sets out the exceptions to section 113(1). |
| |
(2) | Exception 1 is a local housing authority within the meaning of section 1 of the |
| |
Housing Act 1985 (c. 68). |
| 25 |
(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 defining when a person is |
| |
controlled by an authority for the purpose of Exception 3. |
| |
(6) | The definition may be expressed by reference to a definition for the time being |
| 30 |
given in a document identified by regulations under section 21(2)(b) of the |
| |
Local Government Act 2003 (accounting practices for local authorities). |
| |
115 | Profit-making and non-profit organisations |
| |
(1) | Each entry in the register shall designate the body registered as either— |
| |
(a) | a non-profit organisation, or |
| 35 |
(b) | a profit-making organisation. |
| |
(2) | A body is a non-profit organisation if it is a registered or non-registrable |
| |
| |
|
| |
|
| |
|
(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 |
| 5 |
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. |
| 10 |
(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. |
| 15 |
(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 |
| |
| |
| |
| 20 |
(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; |
| 25 |
(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 117 (fees). |
| 30 |
(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). |
| 35 |
| |
(1) | The regulator may make initial registration conditional upon payment of a fee. |
| |
(2) | The regulator may make continued registration conditional upon payment of |
| |
| |
| 40 |
|
| |
|
| |
|
(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 |
| |
| 5 |
(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, |
| 10 |
| |
(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 97 or otherwise to be disregarded for the purpose of subsection |
| 15 |
| |
(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- |
| |
| 20 |
(8) | The regulator’s accounts shall show— |
| |
| |
| |
118 | De-registration: compulsory |
| |
(1) | The regulator may remove from the register a body which the regulator |
| 25 |
| |
(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— |
| 30 |
(a) | take all reasonable steps to give the body at least 14 days’ notice, and |
| |
(b) | consider any representations it makes in that period. |
| |
(3) | After removing a body under subsection (1)(a) or (b) the regulator must take |
| |
all reasonable steps to notify the body. |
| |
119 | De-registration: voluntary |
| 35 |
(1) | A registered provider may ask the regulator to remove it from the register. |
| |
(2) | The regulator may comply with a request— |
| |
(a) | on the grounds that the registered provider no longer is or intends to be |
| |
a provider of social housing in England, |
| |
(b) | on the grounds that the registered provider is subject to regulation by |
| 40 |
another authority whose control is likely to be sufficient, or |
| |
(c) | on the grounds that the registered provider meets any relevant criteria |
| |
for de-registration set by the regulator. |
| |
|
| |
|
| |
|
(3) | Before deciding whether or not to comply, the regulator must consult such |
| |
local authorities in whose area the registered provider acts as it thinks |
| |
| |
(4) | The regulator shall not comply with a request by a non-profit registered |
| |
provider if it thinks that removal is sought with a view to enabling the |
| 5 |
registered provider to distribute assets to members. |
| |
(5) | In deciding whether or not to comply, the regulator must (in particular) have |
| |
| |
(a) | any conditions imposed in connection with disposal consents given to |
| |
the registered provider under Chapter 5, and |
| 10 |
(b) | any conditions imposed in connection with financial assistance given to |
| |
the registered provider under any enactment. |
| |
(6) | Having decided whether or not to remove the registered provider the regulator |
| |
| |
| 15 |
(b) | any authority consulted. |
| |
(7) | The regulator shall publish criteria set for the purposes of subsection (2)(c). |
| |
| |
(1) | As soon as is reasonably practicable after registering or de-registering a body |
| |
the regulator shall notify— |
| 20 |
(a) | in the case of a registered charity, the Charity Commission, |
| |
(b) | in the case of an industrial and provident society, the Financial Services |
| |
| |
(c) | in the case of a registered company (whether or not also a registered |
| |
charity), the registrar of companies for England and Wales. |
| 25 |
(2) | A notice of registration shall specify whether the person registered is |
| |
designated as a non-profit or profit-making organisation. |
| |
(3) | If the designation changes, the regulator shall notify any person notified of the |
| |
| |
(4) | A person to whom notice is given under this section must keep a record of it. |
| 30 |
| |
(1) | A body may appeal to the High Court against a decision of the regulator— |
| |
(a) | to refuse to register it, |
| |
(b) | to de-register it, or |
| |
(c) | to refuse to de-register it. |
| 35 |
(2) | The regulator shall not de-register a body while an appeal is pending. |
| |
|
| |
|
| |
|
| |
| |
| |
122 | Payments to members etc. |
| |
(1) | This section restricts the making of gifts, and the payment of dividends and |
| 5 |
bonuses, by a non-profit registered provider to— |
| |
(a) | a member or former member of the registered provider, |
| |
(b) | a member of the family of a member or former member, |
| |
(c) | a company which has as a director a person within paragraph (a) or (b). |
| |
(2) | A gift may be made, and a dividend or bonus may be paid, only if it falls within |
| 10 |
one of the following permitted classes. |
| |
(3) | Class 1 is payments which— |
| |
(a) | are in accordance with the constitution of the registered provider, and |
| |
(b) | are due as interest on capital lent to the provider or subscribed in its |
| |
| 15 |
(4) | Class 2 is payments which— |
| |
(a) | are paid by a fully mutual housing association (within the meaning of |
| |
section 1(2) of the Housing Associations Act 1985 (c. 69)), |
| |
(b) | are paid to former members of the association, and |
| |
| 20 |
(i) | tenancy agreements with the association, or |
| |
(ii) | agreements under which the former members became members |
| |
| |
(5) | Class 3 is payments which— |
| |
(a) | are in accordance with the constitution of the registered provider |
| 25 |
making the payment (“the payer”), and |
| |
(b) | are made to a registered provider which is a subsidiary or associate of |
| |
| |
(6) | If a registered company or industrial and provident society contravenes this |
| |
| 30 |
(a) | it may recover the wrongful gift or payment as a debt from the |
| |
| |
(b) | the regulator may require it to take action to recover the gift or |
| |
| |
| 35 |
Chapter 5 makes provision about disposal of property. |
| |
| |
(1) | Section 51 of, and Schedule 2 to, the Housing Act 1996 (c. 52) (schemes for |
| |
investigation of complaints by housing ombudsman) continue to have effect, |
| |
with the following amendments. |
| 40 |
|
| |
|
| |
|
| | | | | | | ”(a) a registered provider, or former |
| | | | | registered provider, within the |
| | | | | meaning of Part 2 of the Housing and |
| | | | | | | 5 | | | (aa) a former registered social |
| | | | | | | | | | “Regulator of Social Housing” |
| | | | | “Regulator of Social Housing” |
| | |
|
(2) | In paragraph 11(4) of Schedule 2 to that Act (grants), omit— |
| 10 |
(a) | “or the Housing Corporation”, and |
| |
(b) | “or, as the case may be, the Housing Corporation”. |
| |
125 | Voluntary undertaking |
| |
(1) | A registered provider may give the regulator an undertaking in respect of any |
| |
matter concerning social housing. |
| 15 |
(2) | The regulator may prescribe a procedure to be followed in giving an |
| |
| |
(3) | In exercising a power under Chapter 6 or 7 the regulator must have regard to |
| |
any undertaking offered or given. |
| |
(4) | The regulator may found a decision about whether to exercise a power under |
| 20 |
Chapter 6 or 7 wholly or partly on the extent to which an undertaking has been |
| |
| |
126 | Sustainable community strategies |
| |
If invited by a local authority to participate in the preparation or modification |
| |
of a sustainable community strategy under section 4 of the Local Government |
| 25 |
Act 2000 (c. 22), a registered provider must co-operate with the local authority. |
| |
| |
| |
(1) | The regulator may give directions to non-profit registered providers about the |
| |
preparation of their accounts. |
| 30 |
(2) | The power must be exercised with a view to ensuring that accounts— |
| |
(a) | are prepared in proper form, and |
| |
(b) | present a true and fair view of— |
| |
(i) | the state of affairs of each registered provider in relation to its |
| |
social housing activities, and |
| 35 |
(ii) | the disposition of funds and assets which are, or have been, in |
| |
its hands in connection with those activities. |
| |
(3) | A direction may require a registered charity to use a specified method for |
| |
distinguishing in its accounts between— |
| |
|
| |
|
| |
|
(a) | matters relating to its social housing activities, and |
| |
| |
| |
(a) | may make provision that applies generally or only to specified cases, |
| |
circumstances or registered providers, and |
| 5 |
(b) | may make different provision for different cases, circumstances or |
| |
| |
(5) | A direction that relates to more than one registered provider may be given only |
| |
after consulting one or more bodies appearing to the regulator to represent the |
| |
interests of registered providers. |
| 10 |
(6) | The regulator shall make arrangements for bringing a direction to the attention |
| |
of every registered provider to which it applies. |
| |
128 | Submission to regulator |
| |
(1) | Each non-profit registered provider shall send a copy of its accounts to the |
| |
regulator within the period of 6 months beginning with the end of the period |
| 15 |
to which the accounts relate. |
| |
(2) | The accounts must be accompanied by— |
| |
(a) | an auditor’s report, or |
| |
(b) | in the case of accounts that by virtue of an enactment are not subject to |
| |
audit, any report that is required to be prepared in respect of the |
| 20 |
accounts by virtue of an enactment. |
| |
(3) | The report must specify whether the accounts comply with any relevant |
| |
directions under section 127. |
| |
129 | Non-audited industrial and provident society |
| |
(1) | This section applies to a non-profit registered provider which is an industrial |
| 25 |
| |
(2) | Section 9A of the Friendly and Industrial and Provident Societies Act 1968 |
| |
(c. 55) applies to the society as if subsection (1)(b) were omitted (accountant’s |
| |
report required only where turnover exceeds specified sum). |
| |
(3) | The regulator may require the society to— |
| 30 |
(a) | appoint a qualified auditor to audit the society’s accounts and balance |
| |
sheet for any year of account in respect of which section 4 of the |
| |
Friendly and Industrial and Provident Societies Act 1968 (audit |
| |
requirements) has been disapplied (see section 4A of that Act), and |
| |
(b) | send a copy of the auditor’s report to the regulator by a specified date. |
| 35 |
(4) | A requirement under subsection (3) may be imposed only during the year of |
| |
account following the year to which the accounts relate. |
| |
| |
“qualified auditor” means a person who is a qualified auditor for the |
| |
purposes of Friendly and Industrial and Provident Societies Act 1968, |
| 40 |
| |
“year of account” has the meaning given by section 21(1) of that Act. |
| |
|
| |
|