(1) The Secretary of State may for the purposes of the following provisions of this Part nominate a body appearing to the Secretary of State to represent the interests of tenants of social housing in England—

(a) section 112(4);

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) section 197(4);

(e) section 216.

(2) The Secretary of State must notify the regulator of any nomination (or withdrawal of any nomination) under this section.

Committees

Procedure of the Committee and its sub-committees

Certificates for new homes

Sub-committees of the Regulation Committee

Procedure of the Committee and its sub-committees

Shared ownership leases: protection for certain leases

Shared ownership leases: protection for hard to replace houses

Members' interests

Disposal of property

Former right to buy and other flats: service charge loans

Failure to meet standard under section 193

Other amendments

Exclusions from subsidy arrangements

Charity: audit

Former registered providers

Section 190: consequential amendments

Family intervention tenancies: general

Section 17: supplementary

Purpose

References to Welsh Ministers

Regional planning

Section 17: supplementary

106A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

114A

(1) A local authority ... which is not subject to compulsory registration must notify the regulator as soon as it becomes subject to compulsory registration.

(2) For these purposes, an authority is subject to compulsory registration if—

(a) it is a provider of social housing, or

(b) it intends to become a provider of social housing.

Voluntary undertaking

Structural overview

143A

This group of sections does not apply to local authorities.

159A

This group of sections does not apply to local authorities.

Former registered providers

Section 190: consequential amendments

Fundamental objectives

Exercise of functions

210A

(1) Where an inquiry in respect of a local authority is being held, or has been held, under section 206, the regulator may require the local authority to allow its accounts, so far as they relate to the provision of social housing, to be audited by a local auditor appointed by the regulator.

(1A) The regulator may not appoint a local auditor to audit the accounts of a local authority if that person—

(a) is the person (or one of the persons) appointed under or by virtue of the Local Audit and Accountability Act 2014 to audit the authority's accounts, or

(b) was the person (or one of the persons) who carried out the most recent completed audit of the authority's accounts under or by virtue of that Act.

(1B) Sections 20(1), (2), (5) and (6), 22 and 23 of the Local Audit and Accountability Act 2014 (local auditors' general duties and right to documents etc) apply in relation to an audit under this section as they apply in relation to an audit of the local authority under or by virtue of that Act.

(1C) On completion of the audit under this section, the local auditor must report to the regulator about such matters and in such form as the regulator determines.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The local authority shall pay the costs of the audit (including the local auditor's remuneration).

(5) In this section—

“accounts” has the meaning given by section 4 of the Local Audit and Accountability Act 2014;

“local auditor” means a person who is eligible for appointment under or by virtue of the Local Audit and Accountability Act 2014 as an auditor of the local authority's accounts.

De-registration: compulsory

250A

(1) This section makes further provision about the application of sections 247 and 249 in a case where the registered provider is a local authority.

(2) The regulator may act under those sections even if the local authority already has a management agreement in place.

(3) But while a section 247 or 249 arrangement is in force, the local authority may not give effect to a management agreement as respects functions of the authority which are the subject of the arrangement.

(4) Any duty the local authority may have to consult with respect to the exercise of its management functions (for example, a duty arising by virtue of section 27BA of the Housing Act 1985) does not apply so far as it is acting pursuant to a requirement imposed on it under section 247 or 249.

(5) A section 247 or 249 arrangement—

(a) is not to be considered a management agreement, but

(b) subsections (13) and (15) of section 27 of the Housing Act 1985 apply to it as they apply to a management agreement.

(6) In this section—

“management agreement” has the meaning given by section 27(2)(a) and 27B(4) of the Housing Act 1985;

“section 247 or 249 arrangement” means an arrangement which is entered into pursuant to a requirement imposed on a local authority under section 247 or 249 and by which functions of the authority are to be exercised by a manager on its behalf.

252A

(1) This section applies to a registered provider which is a local authority.

(2) The power in subsection (3) is exercisable if the regulator is satisfied—

(a) that it is necessary to exercise it for the proper management of the authority’s affairs so far as they relate to the provision of social housing (its “social housing affairs”), ...

(b) that it is desirable to exercise it in the interests of securing better services for the authority’s tenants,

(i) does not have a health and safety lead designated under section 126A, or

(ii) has failed to meet a requirement under section 126C(1),

(d) that the functions of the health and safety lead are not being carried out,

(e) that the authority has failed to meet a standard under section 193, 194 or 194C , or

(f) that the authority has failed to comply with a performance improvement plan notice.

(3) The regulator may—

(a) appoint one or more advisers to assist the authority in relation to its social housing affairs (or a particular aspect of those affairs), or

(b) require the authority to appoint one or more advisers for that purpose.

(4) Appointment shall be on terms and conditions (including as to remuneration) specified in, or determined in accordance with, the appointment or requirement.

(5) A requirement under subsection (3)(b) may specify a process which the authority is required to implement for selecting and appointing advisers.

(6) The authority must cooperate with any advisers appointed by virtue of this section.

Censure of local authority employees

269A

(1) The regulator may give a censure notice to a local authority if—

(a) an inquiry under section 206 is in progress in respect of the authority, and

(b) either of the following cases applies.

(2) Case 1 applies if the regulator is satisfied—

(a) that the affairs of the authority have been mismanaged, and

(b) that the interests of tenants of the authority, or its assets, require protection.

(3) Case 2 applies if as a result of an inquirer’s interim report under section 207 the regulator is satisfied that—

(a) the affairs of the authority have been mismanaged, or

(b) the authority has failed to meet a standard under section 193, 194 or 194C.

(4) The regulator may also give a censure notice to a local authority if, as a result of an inquiry under section 206, the regulator is satisfied that—

(a) the affairs of the authority have been mismanaged, or

(b) the authority has failed to meet a standard under section 193, 194 or 194C.

(5) A censure notice is a notice identifying an employee or agent of the authority who the regulator thinks has contributed to the failure or mismanagement.

(6) The notice must include the regulator’s reasons.

(7) The regulator shall send a copy of the notice to the employee or agent concerned.

(8) No more than one employee or agent may be identified in a censure notice (but this does not prevent several notices being given in respect of the same failure or mismanagement).

(9) Members of local authorities may not be identified in censure notices.

269B

(1) A local authority to whom a censure notice is given under section 269A must respond to the regulator in writing within 28 days of receipt of the notice.

(2) The response must—

(a) explain what action (if any) the authority has taken or proposes to take in relation to the employee or agent,

(b) explain why the authority does not think the employee or agent has contributed to the failure or mismanagement, or

(c) explain why the authority does not think its affairs have been mismanaged or it has failed to meet the standard (as the case may be).

Requirements to co-operate in relation to certain disposals of land

Procedure of the Committee and its sub-committees

Recommendations to HCA

Fundamental objectives

Section 190: consequential amendments

Exercise of functions

Approved lending institutions

Complaints

Section 249: supplemental

Management transfer

Supplemental

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