Legalize / United Kingdom / Public General Act

Housing and Regeneration Act 2008

Type Public General Act

Publication 2008-07-22

Last updated 2025-09-27

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(3) Subsection (1A) does not apply if the consent is conditional upon the dwelling continuing to be low cost rental accommodation or low cost home ownership accommodation.

(4) A condition of that kind shall include provision for determining when the dwelling ceases to be social housing.

76

(1) The regulator may direct that a specified dwelling is to cease to be social housing.

(2) The regulator may make a direction only on the application of the provider.

(3) A direction may not be made if the provider is a local authority.

Housing stock under Housing Act 1996

77

(1) This section applies to property owned by a registered social landlord within the meaning of Part 1 of the Housing Act 1996 (c. 52) before the coming into force of section 61 of this Act.

(2) Property to which this section applies is social housing—

(a) whether or not it satisfies section 68(1)(a) or (b), and

(b) unless and until an event specified in sections 73 to 76 occurs.

(3) But property to which any of the exceptions below applies when section 61 comes into force is social housing only if the purchase, construction or renovation of the property was funded by means of a grant under—

(a) section 19 (financial assistance by the HCA),

(b) section 18 of the Housing Act 1996 (social housing grant), or

(c) section 50 of the Housing Act 1988, section 41 of the Housing Associations Act 1985 (c. 69) or section 29 or 29A of the Housing Act 1974 (c. 44) (housing association grant).

(4) Exception 1 is accommodation let on the open market.

(5) Exception 2 is accommodation made available only to students in full-time education or training.

(6) Exception 3 is a care home (within the meaning of the Care Standards Act 2000 (c. 14)) in which nursing is provided.

(7) Exception 4 is accommodation provided in response to a request by the Secretary of State under section 100 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum seekers).

(8) Exception 5 is property of a kind specified by regulations made by the Secretary of State.

Other key concepts

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English bodies

79

(1) In this Part “English body” means—

(a) a registered charity whose address for the purposes of registration by the Charity Commission is in England,

(b) a registered society whose registered office for the purposes of the Co-operative and Community Benefit Societies Act 2014 is in England,

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(f) a limited liability partnership which has its registered office in England.

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

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

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

80

(1) In this Chapter a reference to the provider of social housing is to be construed as follows.

Type of social housing	Provider
Low cost rental accommodation	The landlord
Low cost home ownership accommodation: shared ownership	The landlord
Low cost home ownership accommodation: equity percentage	“The seller” within the meaning of section 70(5)(a)
Low cost home ownership accommodation: shared ownership trust	The “social landlord” within the meaning of paragraph 7(3) of Schedule 9 to the Finance Act 2003

(2) Chapter 3 provides for the establishment of a register of providers of social housing: persons listed in the register—

(a) may be referred to in an enactment or other instrument as “registered providers of social housing”, and

(b) are referred to in this Part as “registered providers”.

(3) Persons listed in the register who are not local authorities—

(a) may be referred to in an enactment or other instrument as “private registered providers of social housing”, and

(b) are referred to in this Part as “private registered providers”.

Constitution

Establishment

81

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Membership

82

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Tenure

83

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Chief executive

84

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Other staff

85

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Proceedings

Fundamental objectives

86

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Procedure

87

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Conflict of interest

88

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Committees

89

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Delegation

90

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Seal

91

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Annual report

92

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Powers

General

93

(1) The regulator may do anything it thinks necessary or expedient for the purpose of or in connection with the performance of a function of the regulator.

(2) In particular, the regulator may do anything it thinks appropriate for advancing its fundamental objectives.

Studies

94

(1) The regulator may carry out or commission studies designed to improve the economy, effectiveness and efficiency of registered providers.

(2) The regulator may publish a report on a study.

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

Financial assistance

95

(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,

(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,

(d) in any other way except purchasing loan or share capital of a body corporate or giving a guarantee or indemnity.

(3) The regulator may, where it thinks it advances a fundamental objective, give financial assistance to a private registered provider by—

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

Evidence

96

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—

(a) tenants,

(b) bodies representing tenants,

(d) the Commission for Local Administration in England or a housing ombudsman.

Information, advice etc.

97

(1) The regulator may for the purpose of advancing its fundamental objectives—

(a) publish ideas or information;

(b) undertake research in relation to social housing;

(2) The regulator may for that purpose—

(a) arrange for another person to do anything within subsection (1)(a) to (c);

(b) act jointly with, cooperate with or assist another person doing anything within subsection (1)(a) to (c).

(3) The persons to whom advice may be given under subsection (1) include—

(a) unregistered housing associations (as defined by section 2B of the Housing Associations Act 1985 (c. 69)), and

(b) persons who may be forming a housing association (within the meaning of section 1(1) of that Act).

Tenant involvement

98

(1) The regulator shall—

(a) promote awareness of the regulator's functions among tenants of social housing,

(b) where the regulator thinks it appropriate, consult them about the exercise of its functions (for example, by holding meetings), and

(c) where the regulator thinks it appropriate, involve them in the exercise of its functions (for example, by appointing them to committees or sub-committees).

(2) The regulator shall from time to time publish a statement about how it proposes to comply with subsection (1).

(3) Before publishing a statement the regulator must consult such persons as it thinks appropriate.

Money

Remuneration

99

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Charging

100

(1) The regulator may charge for giving advice, conducting research or providing other services.

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

Assistance by Secretary of State

101

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Borrowing

102

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Accounts

103

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Financial year

104

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Relationship with other bodies

Cooperation with the HCA

105

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Direction to the HCA

106

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Information

Collection

107

(1) The regulator, or a person authorised under subsection (4A), may for a purpose connected with the regulator’s functions require a person to provide documents or information which the regulator or person authorised (as the case may be) has reason to believe is or may be in the person’s possession.

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

(2A) A requirement under subsection (1) may also require the person to provide an explanation of any document or information required under that subsection.

(3) A requirement under subsection (1) may specify—

(a) the form and manner in which a document, information or an explanation is to be provided (which may include the provision of a legible copy of information stored electronically);

(b) when and where it is to be provided.

(4) The regulator may copy or record documents, information or explanations provided.

(4A) The regulator may in writing authorise a person to exercise any of its powers under this section.

(4B) An authorisation—

(a) must specify the extent to which the person is authorised to exercise the powers, and

(b) may provide that the person is to be authorised for a particular period.

(5) Failure to comply with a requirement under subsection (1) without reasonable excuse is an offence.

(6) Intentionally altering, suppressing or destroying a document or information required under subsection (1) is an offence.

(6A) Knowingly or recklessly providing the regulator, or a person authorised under subsection (4A), with a document, information or an explanation which is false or misleading in purported compliance with a requirement under subsection (1) is an offence.

(7) If a person fails to comply with a requirement under subsection (1) the High Court may, on an application by the regulator, make an order for the purpose of remedying the failure.

Section 107: supplemental

108

(1) A requirement under section 107(1) 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 under section 107(1) does not require a banker to breach a duty of confidentiality owed to a person who is not—

(a) a registered provider,

(b) a subsidiary of a registered provider,

(d) a person who is certified in writing by the regulator as being—

(i) a person who has applied to be entered in the register of providers of social housing, or

(ii) a local authority which the regulator thinks may be, or may become, a provider of social housing.

(3) A person guilty of an offence under section 107(5) is liable on summary conviction to a fine ....

(4) A person guilty of an offence under section 107(6) or (6A) is liable—

(a) on summary conviction, to a fine ...;

(b) on conviction on indictment, to—

(i) imprisonment for a term not exceeding two years,

(ii) a fine, or

(iii) both.

(5) Proceedings for an offence under section 107(5) , (6) or (6A) may be brought only by or with the consent of—

(a) the regulator, or

(b) the Director of Public Prosecutions.

(6) An order under section 107(7) may include provision about costs.

Disclosure

109

(1) A public authority may disclose information to the regulator if the authority thinks that the disclosure is necessary for a purpose connected with the regulator's functions.

(2) The regulator may disclose information to a public authority if the regulator thinks that the disclosure is necessary—

(a) for a purpose connected with the regulator's functions, or

(b) for a purpose connected with the authority's functions.

(3) The regulator may disclose information to a person acting on its behalf for a purpose connected with the regulator's functions.

(4) A disclosure may be subject to restrictions on further disclosure.

(5) The power to disclose information under this section is subject to any express restriction on disclosure imposed by another enactment (ignoring any restriction which allows disclosure if authorised by an enactment).

(6) Disclosure in contravention of a restriction under subsection (4) is an offence.

(7) A person guilty of an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(8) “Public authority” means a person having functions of a public nature (whether or not in the United Kingdom).

Chapter 3 — Registration

Introduction

Overview

110

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

The register

111

(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

Eligibility for registration

112

(1) A body is eligible for registration if—

(a) it is an English body, and

(b) it satisfies the following conditions.

(2) Condition 1 is that the body—

(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 body satisfies any relevant criteria set by the regulator ...—

(a) as to its financial situation,

(b) as to its constitution, ...

(d) to secure that the body would meet, on registration, standards set by the regulator under sections 193, 194, 194A and 194C.

(4) Before setting criteria the regulator must consult—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(za) the HCA,

(aa) the Greater London Authority,

(b) one or more bodies appearing to it to represent the interests of private registered providers,

(ba) any body for the time being nominated under section 278A,

and

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local authority non-registrable bodies

113

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Registration of local authorities

114

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The Secretary of State may by order require or permit the regulator to register—

(a) a specified local authority, or

(b) a specified class of local authority.

(3) Registration under subsection (2)—

(a) takes effect in accordance with any provision of the order about timing or other procedural or incidental matters, and

(b) does not require an application for registration, ...

(4) If the Secretary of State thinks it necessary or desirable in connection with the registration of local authorities, the Secretary of State may by order—

(a) provide for a provision of this Part or any other enactment not to apply in relation to registered local authorities;

(b) provide for a provision of this Part or any other enactment to apply with specified modifications in relation to registered local authorities;

(5) In this section—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) “registered local authorities” means authorities or persons who are registered, registrable or to be registered as a result of an order under subsection ... (2) above.

(6) Before making an order under this section the Secretary of State shall consult—

(a) any authority or person likely to be affected by it, and

(b) such other persons as the Secretary of State thinks fit.

Profit-making and non-profit organisations

115

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A body is a non-profit organisation if—

(a) it is a registered or non-registrable charity and satisfies Conditions 1 and 2, or

(b) otherwise, it satisfies Conditions 1 to 3.

(4) Condition 1 is that the body—

(a) does not trade for profit, ...

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

(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.

(6A) The fact that a body is prohibited by its constitution from trading for profit does not, of itself, mean that it is a body which does not trade for profit for the purposes of subsection (4)(a).

(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 ... (3) is a profit-making organisation.

(9) If the regulator thinks that what was a profit-making organisation has become a non-profit organisation or vice versa, the regulator must change the registered designation accordingly and notify the body it has done so.

(10) Subsection (1) does not apply to the entry of a local authority in the register (and, accordingly, references to “profit-making” and “non-profit” in connection with a registered provider do not refer to a local authority).

Procedure

Entry

116

(1) The regulator shall register anyone who—

(a) is eligible for registration under section 112(1), and

(b) applies to be registered.

(2) The regulator may make provision about—

(a) the form of an application;

(b) the information to be contained in it or provided with it;

(d) the consequences of failure to comply with provision under paragraphs (a) to (c).

(2A) The regulator must notify a body of the outcome of its application.

(3) This section is subject to section 117 (fees).

(4) Once entered in the register under this section a body remains registered unless and until removed under section 118 or 119.

(5) It shall be presumed for all purposes that a person entered in the register under this section is eligible for registration while the registration lasts (irrespective of whether and why the person is later removed from the register).

(6) This section deals with voluntary registration; for the registration of local authorities, see section 114.

Fees

117

(1) The regulator may charge—

(a) a fee for dealing with an application for initial registration, and

(b) an annual fee for continued registration.

(1A) The regulator may make dealing with an application for initial registration conditional upon the payment of the fee.

(2) Except in the case of a local authority, the regulator may make ... continued registration conditional upon payment of the fee.

(3) The regulator shall—

(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.

(4A) The amount of a fee payable under this section may be calculated by reference to costs incurred, or likely to be incurred, by the regulator in the performance of any of its functions, including costs unconnected with the fee-payer and costs unconnected with registration or regulation under this Part.

(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 the costs incurred in the performance of the regulator's functions,

(b) ... and

(c) actual or potential registered providers can see the relationship between the amount of a fee and the costs incurred, or likely to be incurred, in the performance of the regulator’s functions.

(6) The principles—

(a) shall provide for section 95(3) to be disregarded for the purpose of subsection (5)(a), and

(b) may provide for specified expenditure or potential expenditure under section 95 or otherwise to be disregarded for the purpose of subsection (5)(a).

(7) Principles do not have effect until approved by the Secretary of State.

(8) In preparing (or revising) the principles the regulator shall consult persons appearing to the regulator to represent the interests of fee-payers.

(9) The regulator’s accounts shall show—

(a) fees received, and

(b) fees outstanding.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

De-registration: compulsory

118

(1) The regulator may remove from the register a private registered provider which the regulator thinks—

(a) is no longer eligible for registration,

(aa) has failed to meet a standard under section 193, 194 or 194C,

(b) has ceased to carry out activities, or

(2) Before acting under subsection (1)(a), (aa) or (b) the regulator must—

(a) give the private registered provider a notice—

(i) warning the provider that the regulator is considering action under the provision concerned, and

(ii) specifying a period (which must be at least 14 days beginning with the day the provider receives the notice) within which the provider may make representations, and

(b) consider any representations made during that period.

(3) The regulator must notify a private registered provider of a decision to remove it from the register under subsection (1)(a), (aa) or (b).

(4) The regulator shall remove a local authority from the register if the regulator becomes aware that the authority—

(a) is no longer a provider of social housing, or

(b) no longer intends to become a provider of social housing (in the case of an authority which intended to become one but did not in fact do so).

De-registration: voluntary

119

(1) A private 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 another authority whose control is likely to be sufficient, or

(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 appropriate.

(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 registered provider to distribute assets to members.

(5) In deciding whether or not to comply, the regulator must (in particular) have regard to—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 must notify—

(a) the provider, and

(b) any authority consulted.

(7) The regulator shall publish criteria set for the purposes of subsection (2)(c).

Notice

120

(1) As soon as is reasonably practicable after registering or de-registering a body the regulator shall notify—

(a) in the case of a registered charity, the Charity Commission,

(b) in the case of a registered society, the Financial Conduct Authority, ...

(c) in the case of a registered company (whether or not also a registered charity) or a limited liability partnership, the registrar of companies for England and Wales , and

(d) in the case of a local authority, the Secretary of State.

(2) Except in the case of a local authority, 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 registration.

(4) A person to whom notice is given under this section must keep a record of it.

Appeal

121

(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 under section 118(1), ...

(d) to designate it as a non-profit organisation or as a profit-making organisation (as the case may be), or

(e) to change its registered designation.

(1A) An appeal under this section must be brought within the period of 28 days beginning with the day on which the body is notified of the decision it is appealing.

(2) The regulator shall not de-register a body during the appeal period.

(2A) The “appeal period” means—

(a) where an appeal is brought, the period beginning with the day on which notice of the decision appealed against is given and ending with the day on which the appeal is finally determined or withdrawn, and

(b) otherwise, the period during which an appeal could be brought.

(2B) Subsections (1A) to (2A) do not apply to a decision of the regulator to de-register a body under section 118(1)(c).

(3) The Secretary of State may by order provide for the First-tier Tribunal to have jurisdiction under this section instead of the High Court.

Chapter 4 — Registered providers

General provisions

Payments to members etc.

122

(1) This section restricts the making of gifts, and the payment of dividends and 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,

(2) A gift may be made, and a dividend or bonus may be paid, only if it falls within 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 shares.

(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

(i) tenancy agreements with the association, or

(ii) agreements under which the former members became members of the association.

(5) Class 3 is payments which—

(a) are in accordance with the constitution of the registered provider making the payment (“the payer”), and

(b) are made to a registered provider which is a subsidiary or associate of the payer.

(5A) Class 4 is payments which—

(a) are in accordance with the constitution of the registered provider,

(b) are paid for the benefit of tenants of the provider, and

(c) are in any particular case paid to assist the tenant to obtain other accommodation by acquiring a freehold, or long-leasehold, interest in a dwelling.

(5B) For the purposes of subsection (5A)—

“ long-leasehold interest ”, in relation to a dwelling, means the lessee's interest under a lease of the dwelling granted, for a premium, for a term certain exceeding 21 years;

“ acquiring ”, in relation to a long-leasehold interest in a dwelling, includes acquiring by grant and acquiring by assignment.

(6) If a registered provider contravenes this section—

(a) it may recover the wrongful gift or payment as a debt from the recipient, and

(b) the regulator may require it to take action to recover the gift or payment.

(7) The Secretary of State may by order amend this section for the purpose of—

(a) adding to the permitted classes, or

(b) modifying or removing a permitted class added by order under this subsection.

(8) Before making an order under subsection (7), the Secretary of State must consult—

(a) the Charity Commission,

(b) the regulator, and

Disposal of property

123

Chapter 5 makes provision about disposal of property by private registered providers.

Complaints

124

(1) In section 51 of, and Schedule 2 to, the Housing Act 1996 (c. 52) (schemes for investigation of complaints by housing ombudsmen) for “Relevant Authority”, wherever appearing, substitute “ Regulator of Social Housing ”.

(2) In section 51 of that Act—

(a) for subsection (2)(a) substitute—

(a) a registered provider of social housing,

(b) in subsection (2)(d) after “registered with” insert “ the Regulator of Social Housing or ”, and

(7) Section 52 shall apply to an order under subsection (4) (with any necessary modifications).

(3) In paragraph 6(2) of Schedule 2 to that Act (grants) for “Housing Corporation”, in both places, substitute “ Regulator of Social Housing ”.

(4) In paragraph 11(4) of Schedule 2 to that Act, omit—

(a) “or the Housing Corporation”, and

(b) “or, as the case may be, the Housing Corporation”.

(5) At the end of Schedule 2 to that Act add—

(12) Section 52 shall apply to an order of the Secretary of State under this Schedule (with any necessary modifications).

Voluntary undertaking

125

(1) A registered provider may give the regulator an undertaking in respect of any matter concerning social housing.

(2) The regulator may prescribe a procedure to be followed in giving an undertaking.

(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 Chapter 6 or 7 wholly or partly on the extent to which an undertaking has been honoured.

Sustainable community strategies

126

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Accounts

Directions

127

(1) The regulator may give directions to private registered providers about the preparation of their accounts.

(2) A direction may be given to a profit-making registered provider only in so far as its accounts relate to social housing activities.

(3) 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

(ii) the disposition of funds and assets which are, or have been, in its hands in connection with those activities.

(4) 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

(b) other matters.

(5) A direction—

(a) may make provision that applies generally or only to specified cases, circumstances or registered providers, and

(b) may make different provision for different cases, circumstances or registered providers.

(6) 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 private registered providers.

(7) The regulator shall make arrangements for bringing a direction to the attention of every registered provider to which it applies.

Submission to regulator

128

(1) Each private 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 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 accounts by virtue of an enactment.

(3) The report must specify whether the accounts comply with any relevant directions under section 127.

(4) Each local authority which is a registered provider shall send copies of the following documents to the regulator so far as they relate to the provision of social housing—

(a) any report under paragraph 1 of Schedule 7 to the Local Audit and Accountability Act 2014 (public interest reports) in relation to its accounts;

(b) its audited accounts, accompanied by any report made under that section at the conclusion of the audit.

(5) The local authority shall send the copies to the regulator as soon as the authority receives them.

Companies exempt from audit

129

(1) This section applies in relation to a registered provider which—

(a) is a registered company other than a charity or is a limited liability partnership, and

(b) is exempt from the audit requirements of the Companies Act 2006 (c. 46) by virtue of section 477 of that Act (small companies' exemption).

(2) The directors of the company or members of the limited liability partnership shall cause a report to be prepared in accordance with section 130 and made to the registered provider’s members in respect of the registered provider’s individual accounts for any year in which the registered provider takes advantage of its exemption from audit.

(3) “Individual accounts” means accounts prepared in accordance with section 396 of the Companies Act 2006.

Exempt companies: accountant’s report

130

(1) The report required by section 129 must be prepared by a person (“the reporting accountant”) who is eligible under section 131.

(2) The report must state whether the individual accounts are in accordance with the registered provider’s accounting records kept under section 386 of the Companies Act 2006.

(3) On the basis of the information contained in the accounting records the report must also state whether—

(a) the accounts comply with Part 15 of the Companies Act 2006;

(b) the registered provider is entitled to exemption from audit under section 477 of that Act (small companies' exemption) for the year in question.

(4) The report must give the name of the reporting accountant and be signed and dated.

(5) The report must be signed—

(a) where the reporting accountant is an individual, by that individual, and

(b) where the reporting accountant is a firm, for and on behalf of the firm by an individual authorised to do so.

(6) In this section and sections 131 and 132—

“firm” means any entity, whether or not a legal person, that is not an individual and includes a body corporate, a corporation sole and a partnership or other unincorporated association;

“body corporate” includes a body incorporated outside the United Kingdom.

Exempt companies: reporting accountant

131

(1) A person is eligible for appointment by a registered provider as a reporting accountant under section 130 if—

(a) either of the following conditions is satisfied, and

(b) the person would not be prohibited from acting as auditor of the registered provider by virtue of section 1214 of the Companies Act 2006 (c. 46).

(2) Condition 1 is satisfied if the person is a member of a body listed in subsection (4) and under its rules—

(a) the person is entitled to engage in public practice, and

(b) is not ineligible for appointment as a reporting accountant.

(3) Condition 2 is satisfied if the person—

(a) is subject to the rules of a body listed in subsection (4) in seeking appointment or acting as a statutory auditor under Part 42 of the Companies Act 2006, and

(b) under those rules, is eligible for appointment as a statutory auditor under that Part.

(4) The bodies mentioned in subsections (2) and (3) are—

(a) the Institute of Chartered Accountants in England and Wales,

(b) the Institute of Chartered Accountants of Scotland,

(d) the Association of Chartered Certified Accountants,

(e) the Association of Authorised Public Accountants,

(f) the Association of Accounting Technicians,

(g) the Association of International Accountants,

(h) the Chartered Institute of Management Accountants, and

(i) the Institute of Chartered Secretaries and Administrators.

(5) The Secretary of State may by order amend the list of bodies in subsection (4).

(6) References in this section to the rules of a body are to rules (whether or not laid down by the body itself) which the body has power to enforce and which are relevant for the purposes of Part 42 of the Companies Act 2006 (statutory auditors) or this section; and this includes rules relating to the admission and expulsion of members of the body so far as relevant for the purposes of that Part or this section.

(7) An individual or a firm may be appointed as a reporting accountant; and section 1216 of the Companies Act 2006 applies to the appointment of a partnership constituted under the law of—

(a) England and Wales,

(b) Northern Ireland, or

Application of Companies Act

132

(1) The provisions of the Companies Act 2006 listed in subsection (2) apply to the reporting accountant and a reporting accountant's report as they apply to an auditor of the registered provider and an auditor's report on the registered provider’s accounts (with any necessary modifications).

(2) The provisions are—

(a) sections 423 to 425 (duty to circulate copies of annual accounts),

(b) sections 431 and 432 (right of member or debenture holder to demand copies of accounts),

(d) sections 441 to 444A (duty to file accounts with registrar of companies),

(e) section 454 and regulations made under that section (revised accounts and reports),

(f) sections 499 to 502 (auditor's right to information), and

(g) sections 505 and 506 (name of auditor to be stated in published copies of report).

(3) In sections 505 and 506 as they apply by virtue of this section in a case where the reporting accountant is a firm, any reference to the senior statutory auditor shall be read as a reference to the person who signed the report on behalf of the firm.

Exempt companies: extraordinary audit

133

(1) This section applies where, in accordance with section 129, a registered provider appoints a reporting accountant to prepare a report in respect of its accounts for any year.

(2) The regulator may require the registered provider to—

(a) cause a qualified auditor to audit its accounts and balance sheet for that year, and

(b) send a copy of the report to the regulator by a specified date.

(3) A requirement may not be imposed before the end of the financial year to which it relates.

(4) “Qualified auditor”, in relation to a registered provider, means a person who—

(a) is eligible for appointment as a statutory auditor of the registered provider under Part 42 of the Companies Act 2006 (c. 46) (statutory auditors), and

(b) is not prohibited from acting as statutory auditor of the registered provider by virtue of section 1214 of that Act (independence requirement).

Non-audited industrial and provident society

134

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

(2) Section 85 of the Co-operative and Community Benefit Societies Act 2014 (“ the 2014 Act ”) (duty to obtain accountant's report) 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—

(a) appoint a qualified auditor to audit the society's accounts and balance sheet for any year of account in respect of which section 83 of the 2014 Act (duty to appoint auditors) did not apply because of a resolution under section 84 of that Act (power to disapply auditing requirements),

(b) send a copy of the auditor's report to the regulator by a specified date.

(4) A requirement under subsection (3) may be imposed only during the year of account following the year to which the accounts relate.

(5) Qualified auditor” and “year of account” have the same meaning as in Part 7 of the 2014 Act (for “year of account” see sections 77 and 78 of that Act).

Charity

135

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

(2) The charity shall—

(a) keep proper accounting records of its transactions and its assets and liabilities in relation to its housing activities, and

(b) maintain a satisfactory system of control of those records, its cash holdings and its receipts and remittances in relation to those activities.

(3) For each period of account the charity shall prepare—

(a) a revenue account giving a true and fair view of the charity's income and expenditure during the period, so far as relating to its housing activities, and

(b) a balance sheet giving a true and fair view of the state of affairs of the charity as at the end of the period.

(4) The revenue account and balance sheet must be signed by at least two directors or trustees.

(5) “Period of account” means—

(a) a period of 12 months, or

(b) such other period not less than 6 months nor more than 18 as the charity may, with the consent of the regulator, determine.

(6) This section does not affect any obligation under Part 8 of the Charities Act 2011.

Charity: audit

136

(1) This section applies in relation to the accounts of a charity under section 135(3).

(2) If Condition 1 or 2 is met, the charity shall cause a qualified person to audit the accounts and report on them in accordance with section 137.

(3) If neither Condition is met, the charity shall cause a qualified person (“the reporting accountant”) to report on the accounts in accordance with section 138.

(4) Condition 1 is met if the accounts relate to a period during which the charity's gross income arising in connection with its housing activities was greater than the sum specified in section 144(1)(a) of the Charities Act 2011.

(5) Condition 2 is met if—

(a) the accounts relate to a period during which the charity's gross income arising in connection with its housing activities was greater than the accounts threshold as defined by section 144(1) of the Charities Act 2011, and

(b) at the end of the period the aggregate value of its assets (before deduction of liabilities) in respect of its housing activities was greater than the sum specified in section 144(1)(b).

(6) “Gross income” has the same meaning as in section 144 of the Charities Act 2011.

(7) “Qualified person” means a person professionally qualified as an accountant.

Charity: auditor’s report

137

(1) An auditor appointed for the purposes of section 136(2) or 139(2) in respect of a charity's accounts shall make a report to the charity in accordance with this section.

(2) The report must state—

(a) whether the revenue account gives a true and fair view of the charity's income and expenditure, so far as relating to its housing activities, and

(b) whether the balance sheet gives a true and fair view of the state of affairs of the charity as at the end of the period to which the accounts relate.

(3) The report must give the name of the auditor and be signed.

(4) The auditor shall, in preparing the report, carry out such investigations as are necessary to form an opinion as to—

(a) whether the charity has complied with section 135(2) during the period to which the accounts relate, and

(b) whether the accounts are in accordance with accounting records kept under section 135(2)(a).

(5) If the auditor thinks that the charity has not complied section 135(2) or that the accounts are not in accordance with its accounting records, that must be stated in the report.

(6) If the auditor fails to obtain all the information and explanations which the auditor thinks necessary for the purposes of the audit, that must be stated in the report.

Charity: accountant’s report

138

(1) A reporting accountant appointed for the purposes of section 136(3) in respect of a charity's accounts shall make a report to the charity in accordance with this section.

(2) The report must state whether the accounts are in accordance with accounting records kept under section 135(2)(a).

(3) On the basis of the information in the accounting records the report must also state whether—

(a) the accounts comply with the requirements of the Charities Act 2011;

(b) section 136(3) applied in respect of the accounts.

(4) The report must give the name of the reporting accountant and be signed.

(5) If the reporting accountant fails to obtain all the information and explanations which the reporting accountant thinks necessary for the purposes of preparing the report, that must be stated in the report.

Charity: extraordinary audit

139

(1) This section applies where, in accordance with section 136(3), a charity appoints a reporting accountant to prepare a report in respect of any accounts.

(2) The regulator may require the charity to—

(a) cause a qualified person to audit the accounts and prepare a report on them in accordance with section 137, and

(b) send a copy of the report to the regulator by a specified date.

(3) A requirement under subsection (2) may be imposed only during the period of account following the period to which the accounts relate.

(4) In this section—

“period of account” has the meaning given by section 135(5), and

“qualified person” has the meaning given by section 136(7).

Charity: auditor’s powers

140

(1) This section applies to a person who is appointed by a charity for the purposes of section 136(2) or (3) or 139(2).

(2) The charity must grant the person access to its documents, if or in so far as they relate to its housing activities.

(3) An officer of the charity must provide such information or explanations as the person thinks necessary.

Offences

141

(1) A private registered provider commits an offence if it fails, without reasonable excuse, to comply with—

(a) a direction under section 127,

(b) a provision listed in subsection (2), or

(2) The provisions referred to in subsection (1)(b) are—

(a) section 128;

(b) section 129;

(d) section 136.

(3) The provisions referred to in subsection (1)(c) are—

(a) section 133;

(b) section 134;

(4) If a private registered provider fails to comply with a direction, provision or requirement mentioned in subsection (1) every officer of the private registered provider is guilty of an offence.

(5) It is a defence for an officer to show that the officer did everything that could reasonably have been expected to ensure compliance by the private registered provider.

(6) A person guilty of an offence under this section is liable on summary conviction to a fine ....

(7) Proceedings for an offence may be brought only by or with the consent of—

(a) the regulator, or

(b) the Director of Public Prosecutions.

High Court

142

(1) If a private registered provider fails to comply with a direction, provision or requirement mentioned in section 141(1), the High Court may on the application of the regulator make an order for the purpose of remedying the failure.

(2) An order may include provision about costs.

Disclosure

143

(1) This section applies to information that a person has received while acting—

(a) as auditor of a private registered provider, or

(b) as a reporting accountant in relation to a private registered provider.

(2) The person may disclose the information to the regulator for a purpose connected with the regulator's functions—

(a) despite any duty of confidentiality, and

(b) whether or not the regulator requests the information.

(3) The reference to disclosing information includes expressing an opinion on it.

(4) “Reporting accountant” means a person who is appointed to prepare a report which, by virtue of any enactment, has to be prepared in respect of accounts that are not subject to audit.

Insolvency etc.

Preparatory steps: notice

144

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

Moratorium

145

(1) A moratorium on the disposal of land by a private registered provider begins when any of the events mentioned in subsection (2) occur in relation to the provider.

(2) The events are—

(a) a petition is presented under section 124 of the Insolvency Act 1986, by a person other than the Secretary of State, for the winding up of the provider;

(b) an application is made by the provider under section 105(3) of the Housing and Planning Act 2016 for permission to pass a resolution for voluntary winding up;

(c) an application is made in accordance with paragraph 12 of Schedule B1 to the Insolvency Act 1986, by a person other than the Secretary of State, for an administration order in respect of the provider;

(d) a notice of the appointment of an administrator of the provider under paragraph 14 or 22 of Schedule B1 to the Insolvency Act 1986 is filed with the court under paragraph 18 or 29 of that Schedule;

(e) notice of intention to enforce a security over property of the provider is given under section 108(2)(a) of the Housing and Planning Act 2016 or the requirement to give such notice is waived under section 108(2)(b) of that Act.

Duration of moratorium

146

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The moratorium mentioned in section 145 ends when one of the following occurs—

(a) the expiry of the relevant period,

(b) the making of a housing administration order under Chapter 5 of Part 4 of the Housing and Planning Act 2016 in relation to the registered provider, or

(2A) The “relevant period” is—

(a) the period of 28 days beginning with the relevant day, plus

(b) any period by which that period is extended under subsection (3).

(2B) The “relevant day” is—

(a) in the case of an event mentioned in section 145(2)(a), the day on which notice under section 104(2)(a) of the Housing and Planning Act 2016 is given or on which the requirement to give such notice is waived under section 104(2)(b) of that Act;

(b) in the case of an event mentioned in section 145(2)(b), the day on which notice under section 105(4)(a) of the Housing and Planning Act 2016 is given or on which the requirement to give such notice is waived under section 105(4)(b) of that Act;

(c) in the case of an event mentioned in section 145(2)(c), the day on which notice under section 106(3)(a)(i) of the Housing and Planning Act 2016 is given or on which the requirement to give such notice is waived under section 106(3)(a)(ii) of that Act;

(d) in the case of an event mentioned in section 145(2)(d), the day on which notice under section 107(4)(a)(i) of the Housing and Planning Act 2016 is given or on which the requirement to give such notice is waived under section 107(4)(a)(ii) of that Act;

(e) in the case of an event mentioned in section 145(2)(e), the day of that event.

(3) During a moratorium the regulator may extend it (or further extend it) for a specified period if—

(a) the regulator has made reasonable enquiries with a view to locating secured creditors of the registered provider, and

(b) where the regulator located one or more such creditors, each of them has consented to the extension.

(4) If the regulator extends a moratorium it shall notify—

(a) the registered provider, and

(b) any liquidator, administrator, administrative receiver or receiver appointed in respect of the registered provider or its land, ...

(4A) If the regulator extends a moratorium in respect of a private registered provider who owns land in Greater London, the regulator shall also notify the Greater London Authority.

(5) During a moratorium the regulator may cancel it ....

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) When a moratorium ends the regulator shall give notice, and (except in the case of cancellation) an explanation of section 147, to—

(a) the registered provider, and

(b) such of its secured creditors as the regulator is able to locate after making reasonable enquiries.

(7A) The regulator shall also notify the HCA as follows—

(a) if it extends a moratorium, and

(b) when a moratorium ends.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8A) When a moratorium in respect of a private registered provider who owns land in Greater London ends, the regulator shall also give notice to the Greater London Authority.

(9) If an event mentioned in section 145(2) occurs during a moratorium, that does not—

(a) start a new moratorium, or

(b) alter the existing moratorium's duration.

Further moratorium

147

(1) This section applies if—

(a) a moratorium in respect of a private registered provider ends otherwise than by cancellation, and

(b) a further event mentioned in section 145(2) occurs in relation to the provider within the period of 3 years beginning with the end of the moratorium.

(2) The further event mentioned in section 145(2 does not automatically trigger a further moratorium.

(3) But the regulator may impose a further moratorium for a specified period if—

(a) the regulator has made reasonable enquiries with a view to locating secured creditors of the registered provider, and

(b) where the regulator located one or more such creditors, each of them has consented to the further moratorium.

(4) If the regulator imposes a new moratorium it shall notify—

(za) the HCA,

(a) the registered provider,and

(b) any liquidator, administrator, administrative receiver or receiver appointed in respect of the registered provider or any of its land, ...

(4A) If the regulator imposes a new moratorium in respect of a private registered provider who owns land in Greater London, the regulator shall also notify the Greater London Authority.

(5) This group of sections applies to a further moratorium as to a first moratorium (except for section 146(2)).

Effect of moratorium

148

(1) During a moratorium neither the HCA , nor the Greater London Authority, may—

(a) ... give the registered provider a direction under section 32(4), or

(b) ... take steps to enforce such a direction against the registered provider.

(2) During a moratorium a disposal of the registered provider's land requires the regulator's prior consent.

(3) Section 149 sets out exceptions to subsection (2).

(4) Consent—

(a) may be given before the moratorium begins, and

(b) may be subject to conditions.

(5) This section does not prevent a liquidator from disclaiming land as onerous property during a moratorium.

(6) In this section “land” includes a present or future interest in rent or other receipts arising from land.

Exempted disposals

149

(1) The regulator's consent is not required under section 148 for the following exceptions.

(2) Exception 1 is a letting under—

(a) an assured tenancy, or

(b) an assured agricultural occupancy.

(3) Exception 2 is a letting under what would be an assured tenancy or an assured agricultural occupancy but for any of paragraphs 4 to 8, 12(1)(h) and 12ZA to 12B of Schedule 1 to the Housing Act 1988 (c. 50) (tenancies which cannot be assured tenancies).

(4) Exception 3 is a letting under a secure tenancy.

(5) Exception 4 is a letting under what would be a secure tenancy but for any of paragraphs 2 to 12 of Schedule 1 to the Housing Act 1985 (c. 68) (tenancies which are not secure tenancies).

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Exception 5 is a disposal under Part V of the Housing Act 1985 (right to buy).

(8) Exception 6 is a disposal under the right conferred by—

(a) section 180, ...

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

(9) Exception 7 is a letting under an occupation contract (within the meaning of section 7 of the Renting Homes (Wales) Act 2016 (anaw 1)) in respect of a dwelling in Wales.

150

(1) A purported disposal by a registered provider is void if—

(a) it requires the regulator's consent under section 148, and

(b) the regulator has not given consent.

(2) But subsection (1) does not apply to a disposal by a non-profit registered provider to one or more individuals (“the buyer”) if—

(a) the disposal is of a single dwelling, and

(b) the registered provider reasonably believes at the time of the disposal that the buyer intends to use the property as the buyer's principal residence.

Interim manager

151

(1) During a moratorium the regulator may appoint an interim manager of the registered provider.

(2) An appointment may relate to the registered provider's affairs generally or to affairs specified in the appointment.

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

(4) An appointment under this section shall come to an end with the earliest of the following—

(a) the end of the moratorium,

(b) when the regulator notifies the interim manager that there are proposals under section 152 which are agreed proposals, or

(5) An interim manager shall have—

(a) any power specified in the appointment, and

(b) any other power in relation to the registered provider's affairs required by the manager for the purposes specified in the appointment (including the power to enter into agreements and take other action on behalf of the registered provider).

(6) But an interim manager may not—

(a) dispose of land, or

(b) grant security over land.

Proposals

152

(1) During a moratorium the regulator may make proposals about the future ownership and management of the registered provider's land, with a view to ensuring that the property will be properly managed by a registered provider.

(2) In making proposals the regulator shall—

(a) have regard to the interests of the registered provider's creditors as a whole, and

(b) so far as is reasonably practicable avoid worsening the position of unsecured creditors.

(3) Proposals may provide for the appointment of a manager in accordance with section 155 to implement all or part of the proposals.

(4) Proposals may not include anything which would result in—

(a) a preferential debt being paid otherwise than in priority to a non-preferential debt, ...

(aa) an ordinary preferential debt being paid otherwise than in priority to a secondary preferential debt,

(b) a preferential creditor (PC1) being paid a smaller proportion of an ordinary preferential debt than another preferential creditor (PC2) (unless PC1 consents) ...

(c) a preferential creditor (PC1) being paid a smaller proportion of a secondary preferential debt than another preferential creditor (PC2) (unless PC2 consents) or

(d) if the registered provider is a relevant financial institution—

(i) an ordinary non-preferential debt being paid otherwise than in priority to a secondary non-preferential debt,

(ii) a secondary non-preferential debt being paid otherwise than in priority to a tertiary non-preferential debt, or

(iii) a secondary non-preferential creditor (Creditor 1) being paid a smaller proportion of a secondary non-preferential debt than another secondary non-preferential creditor (Creditor 2) (unless Creditor 1 consents).

(5) Proposals relating to a registered provider which is a charity (C1)—

(a) may not require it to act outside the terms of its trusts, and

(b) may provide for the disposal of accommodation only to another charity whose objects the regulator thinks are similar to those of C1.

Proposals: procedure

153

(1) Before making proposals the regulator shall consult—

(a) the registered provider,

(b) its tenants (so far as is reasonably practicable) or its contract-holders (so far as is reasonably practicable),

(ba) if the regulator is able to locate any secured creditors of the registered provider after making reasonable enquiries, those creditors,

(d) if the registered provider is a registered charity, the Charity Commission.

(1A) If no secured creditors are located for the purposes of subsection (1), the proposals made by the regulator following the consultation required by that subsection are agreed proposals for the purposes of this group of sections.

(2) Where the regulator locates one or more secured creditors of the registered provider for the purposes of subsection (1), the regulator must, before making proposals, send a copy of draft proposals to—

(a) the registered provider ...,

(b) the secured creditors located for the purposes of subsection (1), and

(c) any liquidator, administrator, administrative receiver or receiver appointed in respect of the registered provider or any of its land.

(3) If the regulator sends draft proposals under subsection (2), the regulator must also make arrangements for bringing those proposals to the attention of—

(a) the registered provider's members,

(b) its tenants or contract-holders and

(4) If each secured creditor to whom draft proposals were required to be sent agrees to them by notice to the regulator, the draft proposals become agreed proposals for the purposes of this group of sections.

(5) Draft proposals may be agreed with modifications if—

(a) each secured creditor to whom the draft proposals were required to be sent consents by notice to the regulator, and

(b) the regulator consents.

(6) The regulator shall send a copy of agreed proposals to—

(a) the registered provider ...,

(b) any secured creditors to whom draft proposals were sent,

(c) any liquidator, administrator, administrative receiver or receiver appointed in respect of the registered provider or any of its land,

(d) if the registered provider is a registered society, the Financial Conduct Authority, and

(e) if the registered provider is a registered charity, the Charity Commission.

(7) The regulator shall also make arrangements for bringing agreed proposals to the attention of—

(a) the registered provider's members,

(b) its tenants or contract-holders and

(8) The regulator may make proposals amending agreed proposals; and this section and section 152 apply to such proposals.

Proposals: effect

154

(1) The following are obliged to implement agreed proposals—

(a) the regulator,

(b) the registered provider,

(d) any liquidator, administrator, administrative receiver or receiver appointed in respect of the registered provider or any of its land.

(2) The following shall co-operate with implementation of agreed proposals—

(a) in the case of a charitable trust, its trustees,

(aa) in the case of a charitable incorporated organisation, its charity trustees (as defined by section 177 of the Charities Act 2011),

(ab) in the case of a limited liability partnership, its members,

(b) in the case of a registered society, its committee members, and

(3) Subsection (2) does not require or permit a breach of a fiduciary or other duty.

Manager: appointment

155

(1) This section applies where agreed proposals provide for the appointment of a manager.

(2) The proposals must provide for the manager to be paid reasonable remuneration and expenses.

(3) The regulator shall appoint a manager.

(4) The regulator may give the manager directions (general or specific).

(5) The manager may apply to the High Court for directions (and directions of the regulator are subject to directions of the High Court).

(6) If the registered provider is a charity, the regulator must notify the Charity Commission that a manager has been appointed.

(7) The regulator may appoint a new manager in place of a person who ceases to be manager (in accordance with terms of appointment specified in the proposals or determined by the regulator).

Manager: powers

156

(1) A manager—

(a) may do anything necessary for the purpose of the appointment,

(b) acts as the registered provider's agent (and is not personally liable on a contract), and

(c) has ostensible authority to act for the registered provider (so that a person dealing with the manager in good faith and for value need not inquire into the manager's powers).

(2) In particular, the terms of a manager's appointment may confer power—

(a) to sell or otherwise dispose of land by public auction or private contract;

(b) to raise or borrow money;

(d) to grant or accept surrender of a lease;

(e) to take a lease;

(f) to take possession of property;

(g) to appoint a solicitor, accountant or other professional to assist the manager;

(h) to appoint agents and staff (and to dismiss them);

(i) to make payments;

(j) to bring or defend legal proceedings;

(k) to refer a question to arbitration;

(l) to make any arrangement or compromise;

(m) to carry on the business of the registered provider;

(n) to carry out works and do other things in connection with the management or transfer of land;

(o) to take out insurance;

(p) to use the registered body's seal;

(q) to execute in the name and on behalf of the registered provider any deed, receipt or other document;

(r) to do anything incidental to a power in paragraphs (a) to (q).

(3) A manager shall so far as is reasonably practicable consult and inform the registered provider's tenants about an exercise of powers likely to affect them.

Manager of industrial and provident society: extra powers

157

(1) This section applies to a manager appointed to implement proposals relating to a registered society.

(2) The appointment may confer on the manager power to make and execute on behalf of the society—

(a) an instrument providing for the amalgamation of the society with another registered society, or

(b) an instrument transferring its engagements.

(3) An instrument providing for the amalgamation of a society (“S1”) with another has the same effect as a resolution by S1 under section 109 of the Co-operative and Community Benefit Societies Act 2014 (amalgamation of societies by special resolution).

(4) An instrument transferring engagements has the same effect as a transfer of engagements under section 110 or 112 of the Co-operative and Community Benefit Societies Act 2014 (transfer by special resolution to another society or company).

(5) A copy of the instrument shall be sent to and registered by the Financial Conduct Authority.

(6) An instrument does not take effect until the copy is registered.

(7) The copy must be sent for registration during the period of 14 days beginning with the date of execution; but a copy registered after that period is valid.

Assistance by regulator

158

(1) The regulator may give financial or other assistance to the registered provider for the purpose of preserving its position pending the regulator deciding whether to exercise the power under section 152 to make proposals and (if proposals are made) the proposals becoming agreed proposals.

(2) The regulator may give financial or other assistance to the registered provider, or a manager appointed under section 155, to facilitate the implementation of agreed proposals.

(3) In particular, the regulator may—

(a) lend staff;

(b) arrange payment of the manager's remuneration and expenses.

(4) The regulator may do the following only with the Secretary of State's consent—

(a) make grants,

(b) make loans,

(d) make payments in connection with secured loans, and

(e) guarantee payments in connection with secured loans.

Applications to court

159

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Housing and Regeneration Act 2008

Leaving the social housing stock: regulator’s direction

76

Housing stock under Housing Act 1996

77

Other key concepts

Regulator of Social Housing

78

English bodies

79

Provider of social housing

80

Chapter 2 — The Social Housing Regulator

Constitution

Establishment

81

Membership

82

Tenure

83

Chief executive

84

Other staff

85

Proceedings

Fundamental objectives

86

Procedure

87

Conflict of interest

88

Committees

89

Delegation

90

Seal

91

Annual report

92

Powers

General

93

Studies

94

Financial assistance

95

Evidence

96

Information, advice etc.

97

Tenant involvement

98

Money

Remuneration

99

Charging

100

Assistance by Secretary of State

101

Borrowing

102

Accounts

103

Financial year

104

Relationship with other bodies

Cooperation with the HCA

105

Direction to the HCA

106

Information

Collection

107

Section 107: supplemental

108

Disclosure

109

Chapter 3 — Registration

Introduction

Overview