|
| |
| |
255 | Appointment of new officers |
| |
(1) | The regulator may by order appoint a person as an officer of a non-profit |
| |
| |
(a) | to replace an officer removed by order under section 252, |
| |
(b) | where there are no officers, or |
| 5 |
(c) | if the regulator thinks an additional officer is necessary for the proper |
| |
management of the body’s affairs. |
| |
(2) | In subsection (1) “officer” has the same meaning as in section 252. |
| |
(3) | Subsection (1) overrides any restriction on eligibility or numbers of officers |
| |
imposed by the body’s constitution. |
| 10 |
(4) | An order appointing an officer shall specify the period for which, and the terms |
| |
on which, the office is to be held; but— |
| |
(a) | on expiry the regulator may by order renew the appointment, and |
| |
(b) | the officer may resign or retire in accordance with the registered |
| |
| 15 |
(5) | An officer appointed by order has the same rights, powers and obligations as |
| |
an officer appointed under the registered provider’s constitution. |
| |
(6) | The regulator may exercise the power in subsection (1) in respect of a |
| |
registered charity only if— |
| |
(a) | a condition in section 260 is satisfied, and |
| 20 |
(b) | the regulator has consulted the Charity Commission. |
| |
| |
| |
| |
| 25 |
The Table gives the meaning of “officer” in relation to registered providers. |
| |
| | | | | | | | Registered charity which is not a |
| Trustee, secretary or treasurer |
| | | | | | | | | | | Industrial and provident society |
| “Officer” within the meaning given by |
| | 30 | | | | section 74 of the Industrial and Provident |
| | | | | | Societies Act 1965 (including a person co- |
| | | | | | opted to serve on the society’s committee) |
| | | | | | “Officer” within the meaning given by |
| | | | | | section 1173 of the Companies Act 2006 |
| | 35 |
|
257 | Subsidiary and associate |
| |
(1) | A company is a “subsidiary” of a person if any of the following conditions is |
| |
| |
| |
| |
|
| |
| |
(2) | Condition 1 is that the person— |
| |
(a) | is a member of the company, and |
| |
(b) | has power, independent of any other person, to appoint or remove all |
| |
or a majority of the board of directors. |
| |
(3) | Condition 2 is that the person holds more than half in nominal value of the |
| 5 |
company's equity share capital. |
| |
(4) | Condition 3 is that the company is a subsidiary, within the meaning of the |
| |
Companies Act 2006 (c. 46) or the Friendly and Industrial and Provident |
| |
Societies Act 1968 (c. 55), of a company which is a subsidiary of the person by |
| |
virtue of Condition 1 or 2. |
| 10 |
(5) | In relation to a company which is an industrial and provident society a |
| |
reference to the board of directors is a reference to the committee of |
| |
| |
(6) | “Associate” of a provider means— |
| |
(a) | a body of which the provider is a subsidiary, and |
| 15 |
(b) | any other subsidiary of that body. |
| |
| |
(1) | For the purposes of this Part one person is a member of the family of another |
| |
| |
(a) | they are, or live together as if they were, spouses or civil partners, or |
| 20 |
(b) | one is the parent, grandparent, child, grandchild, brother, sister, uncle, |
| |
aunt, nephew or niece of the other. |
| |
| |
(a) | a relationship by marriage or civil partnership shall be treated as a |
| |
relationship by blood (and, in particular, P’s stepchild shall be treated |
| 25 |
| |
(b) | a relationship by half-blood shall be treated as a relationship by whole |
| |
| |
| |
(1) | In this Part a reference to disposing of property is a reference to— |
| 30 |
| |
| |
| |
(d) | making it subject to a charge, and |
| |
(e) | disposing of it, or of any interest in it, in any other way. |
| 35 |
(2) | Granting an option to require a disposal shall be treated as making a disposal. |
| |
260 | Charities that have “received public assistance” |
| |
(1) | For the purposes of this Part a registered charity has received public assistance |
| |
if at least one of the following conditions is satisfied. |
| |
(2) | Condition 1 is that the charity has received financial assistance from the HCA |
| 40 |
| |
| |
| |
|
| |
| |
(3) | Condition 2 is that the charity has received financial assistance under section |
| |
24 of the Local Government Act 1988 (c. 9) (assistance for privately let housing |
| |
| |
(4) | Condition 3 is that the charity has had housing transferred to it pursuant to— |
| |
(a) | a large scale disposal, within the meaning of section 34 of the Housing |
| 5 |
Act 1985 (c. 68), for which consent was required under section 32 or 43 |
| |
| |
(b) | a qualifying disposal that was made under section 135 of the Leasehold |
| |
Reform, Housing and Urban Development Act 1993 (c. 28). |
| |
(5) | Condition 4 is that the charity has received a grant or loan under— |
| 10 |
(a) | section 18 of the Housing Act 1996 (c. 52) (social housing grants), |
| |
(b) | section 22 of that Act (assistance from local authorities), |
| |
(c) | section 58 of the Housing Associations Act 1985 (c. 69) (grants or loans |
| |
| |
(d) | section 50 of the Housing Act 1988 (c. 50), section 41 of the Housing |
| 15 |
Associations Act 1985 or any enactment replaced by that section |
| |
(housing association grant), |
| |
(e) | section 51 of the Housing Act 1988 or section 54 or 55 of the Housing |
| |
Associations Act 1985 (revenue deficit grant or hostel deficit grant), |
| |
(f) | section 79 of the Housing Associations Act 1985 (loans by Housing |
| 20 |
| |
(g) | section 31 of the Housing Act 1974 (c. 44) (management grants), or |
| |
(h) | any enactment mentioned in paragraph 2 or 3 of Schedule 1 to the |
| |
Housing Associations Act 1985 (pre-1974 grants and certain loans). |
| |
| 25 |
In this Part, except where the context requires otherwise— |
| |
“action” includes inaction, proposed action and decision, |
| |
“assured agricultural occupancy” has the same meaning as in Part 1 of the |
| |
| |
“assured tenancy” has the same meaning as in that Part, |
| 30 |
“the Charity Commission” means the Charity Commission for England |
| |
| |
“committee”, in relation to an industrial and provident society, means the |
| |
committee of management or other directing body of the society |
| |
(including any person co-opted to serve on the committee, whether a |
| 35 |
member of the society or not), |
| |
“consent” means written consent, |
| |
“constitution” includes rules, |
| |
“conveyance” includes grant, assignment and any other instrument, |
| |
“district valuer” has the meaning given by section 622 of the Housing Act |
| 40 |
| |
| |
(a) | means a house, flat or other building or part of a building |
| |
occupied or intended to be occupied as a separate dwelling, and |
| |
(b) | includes any garden, yard, outhouse or other appurtenance |
| 45 |
belonging to, or usually enjoyed with, the dwelling, |
| |
“the HCA” means the Homes and Communities Agency, |
| |
| |
| |
|
| |
| |
“industrial and provident society” means a society registered under the |
| |
Industrial and Provident Societies Act 1965 (c. 12), |
| |
“local authority” has the same meaning as in the Housing Associations |
| |
| |
“maintenance” includes repair, |
| 5 |
“mismanagement”, in relation to the affairs of a registered provider, |
| |
| |
(a) | managed in contravention of a provision of this Part or of |
| |
anything done under this Part, or |
| |
(b) | otherwise conducted improperly or inappropriately, |
| 10 |
“non-registrable charity” means a charity which is not required to be |
| |
registered, in accordance with section 3A of the Charities Act 1993 |
| |
| |
“notice” means written notice (and to “notify” means to give written |
| |
| 15 |
“preferential creditor” and “preferential debt” have the same meaning as |
| |
in the Insolvency Act 1986 (c. 45), |
| |
“price” includes premium, |
| |
“registered charity” means a charity registered under the Charities Act |
| |
| 20 |
“registered company” means a company within the meaning of the |
| |
Companies Act 2006 (c. 46), |
| |
“rent” includes payments under a licence to occupy accommodation, |
| |
“representations” means written representations, |
| |
“secure tenancy” has the same meaning as in Part 4 of the Housing Act |
| 25 |
| |
“secured creditor” means a creditor who holds a mortgage or charge |
| |
(including a floating charge) over— |
| |
(a) | land held by a registered provider, or |
| |
(b) | a present or future interest of a registered provider in rents or |
| 30 |
other receipts from land, and |
| |
“tenant” in relation to social housing includes other occupiers. |
| |
262 | Index of defined terms |
| |
The Table lists expressions defined in this Part. |
| |
| | | | | 35 | | | | | | | | | | | | | | | Assured agricultural occupancy |
| | | | | | | | | | | | | | | 40 | | | Committee (industrial and provident society) |
| | | | | | | | | |
|
| |
| |
|
| |
| |
| | | | | | | | | | | | | | Registered provider (of social housing) |
| | | | | | | | | | | | The Regulator of Social Housing |
| | | 5 | | | | | | | | | | | | | | | | | | | | | | | | | | | Shared ownership arrangements |
| | | 10 | | | | | | | | | | | | | | | | | | | | | | | | |
|
| |
| 15 |
263 | Consequential amendments |
| |
In secondary legislation made before the commencement of this Part a |
| |
reference to registered social landlords shall be treated as including a reference |
| |
to registered providers of social housing. |
| |
| 20 |
(1) | The regulator shall include in the register under section 112 on its |
| |
| |
(a) | who was registered under section 1 of the Housing Act 1996 (c. 52) |
| |
(register of social landlords) immediately before section 63 came into |
| |
| 25 |
(b) | in relation to whom the Relevant Authority was the Housing |
| |
Corporation (in accordance with section 56 of that Act). |
| |
(2) | A person registered under this section shall be designated as a non-profit |
| |
| |
| |
| |
|
| |
| |
| |
| |
| |
Sustainability certificates |
| |
| 5 |
265 | Certificates for new homes |
| |
(1) | A person who is selling a residential property as a new property must supply |
| |
| |
(a) | a sustainability certificate, or |
| |
(b) | a written statement to the effect that there is no sustainability certificate |
| 10 |
| |
(2) | If the seller is to supply a sustainability certificate, the seller must supply it |
| |
before the sale is agreed if it is reasonably practicable to do so. |
| |
(3) | If it is not reasonably practicable to do so, the seller must— |
| |
(a) | supply an interim certificate before the sale is agreed, and |
| 15 |
(b) | supply the sustainability certificate at such time, or within such period, |
| |
| |
(4) | If the seller is to supply a statement, the seller must supply it before the sale is |
| |
| |
(5) | The appropriate national authority may by regulations require sellers to |
| 20 |
supply certificates or statements to purchasers earlier than required by |
| |
subsection (2), (3)(a) or (4). |
| |
(6) | The appropriate national authority may by regulations provide for exceptions |
| |
from any duty imposed by virtue of subsections (1) to (5) in such cases and |
| |
circumstances, and to such extent, as may be specified in the regulations. |
| 25 |
(7) | Regulations under subsection (6) may impose alternative duties in relation to |
| |
the supply of certificates or statements. |
| |
(8) | The seller is not required to comply with a requirement imposed by virtue of |
| |
this section if the seller has a reasonable excuse for not complying with the |
| |
| 30 |
(9) | The seller may not charge for supplying a certificate or statement by virtue of |
| |
| |
(10) | The power conferred by subsection (3)(b) may, in particular, be exercised so as |
| |
to prescribe a time, or a period which ends, after the completion of the sale. |
| |
| 35 |
“interim certificate” means a document which— |
| |
(a) | contains an interim assessment of the sustainability of a |
| |
residential property, and |
| |
(b) | complies with the requirements of regulations under this |
| |
| 40 |
| |
| |
|
