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

(10) An appeal under this section must be brought within the period of 28 days beginning with the day on which the regulator notifies the registered provider of the imposition of a requirement on the provider under section 247(2).

Management transfer

249

(1) This section applies if as a result of an inquiry under section 206 or an audit under section 210 or 210A the regulator is satisfied that—

(a) the affairs of a registered provider have been mismanaged in relation to social housing, ...

(b) a transfer of certain of a registered provider's management functions would be likely to improve the management of some or all of its social housing , or

(2) The regulator may by notice require the registered provider to transfer management functions to a specified person.

(3) A requirement to transfer management functions may be imposed only with the Secretary of State's consent (both as to the transfer and the terms).

(4) A requirement may relate to—

(a) the registered provider's affairs generally in so far as they relate to social housing, or

(b) specified affairs relating to social housing.

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

(6) A transferee manager shall have—

(a) any power specified in the requirement, and

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

Section 249: supplemental

250

(1) Before acting under section 249(2) the regulator must give the registered provider a notice—

(a) specifying grounds on which action might be taken under that section,

(b) warning the provider that the regulator is considering action under that section, and

(2) The notice must specify a period during which the registered provider may make representations to the regulator.

(3) The period must—

(a) be a period of at least 28 days, and

(b) begin with the date on which the registered provider receives the notice.

(4) The regulator must send a copy of a notice under subsection (1) to—

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

(za) the HCA,

(aa) in the case of a notice given to a registered provider who owns land in Greater London, the Greater London Authority,

(b) in the case of a notice given to a local authority, the Secretary of State, and

(c) any other persons the regulator thinks appropriate (having regard, in particular, to any person who provided information as a result of which the notice is given).

(5) A notice under subsection (1) must—

(a) refer to section 125, and

(b) indicate whether or to what extent the regulator would accept a voluntary undertaking under that section instead of, or in mitigation of, action under section 249(2).

(6) Notice under subsection (1) may be combined with notice under one or more of sections 230, 242, 248 and 252.

(7) In imposing a requirement the regulator must have regard to views of—

(a) relevant tenants,

(b) the registered provider,

(ba) the HCA,

(ca) if the requirement would be imposed on a registered provider who owns land in Greater London, the Greater London Authority,

(d) if the requirement would be imposed on a local authority, the Secretary of State, and

(e) if the regulator thinks it appropriate, any relevant local housing authority.

(8) If the regulator imposes a requirement it must send a copy—

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

(za) the HCA,

(aa) in the case of a requirement imposed on a registered provider who owns land in Greater London, to the Greater London Authority, and

(b) in the case of a requirement imposed on a local authority, to the Secretary of State.

(9) A registered provider may appeal to the High Court against a requirement under section 249(2).

(10) An appeal under this section must be brought within the period of 28 days beginning with the day on which the regulator notifies the registered provider of the imposition of a requirement on the provider under section 249(2).

Appointment of manager

251

(1) This section applies if the regulator is satisfied that—

(a) a private registered provider has failed to meet a standard under section 193, 194 or 194C,

(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the affairs of a private registered provider have been mismanaged in relation to social housing.

(2) The regulator may by notice to the registered provider —

(a) appoint ... a manager of the registered provider, or

(b) require the registered provider to appoint ... a manager.

(3) An appointment or requirement may relate to a manager—

(a) of the registered provider's affairs generally in so far as they relate to social housing, or

(b) of specified affairs relating to social housing.

(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 manager shall have—

(a) any power specified in the appointment or requirement, and

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

Section 251: supplemental

252

(1) Before acting under section 251(2) the regulator must give the registered provider a notice—

(a) specifying grounds on which action might be taken under that section,

(b) warning the provider that the regulator is considering action under that section, and

(2) The registered provider may make representations to the regulator about the notice within the period of 5 days beginning with the day on which the provider receives the notice.

(2A) Unless the registered provider consents, the regulator may not take action under section 251(2) before the expiry of the period within which the provider may make representations.

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

(4) The regulator must send a copy of a notice under subsection (1) to—

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

(za) the HCA,

(aa) the Greater London Authority (if the notice is given to a registered provider who owns land in Greater London), and

(b) any other persons it thinks appropriate (having regard, in particular, to any person who provided information as a result of which the notice is given).

(5) A notice under subsection (1) must—

(a) refer to section 125 (voluntary undertaking), and

(b) indicate whether or to what extent the regulator would accept a voluntary undertaking instead of, or in mitigation of, action under section 251(2).

(6) Notice under subsection (1) may be combined with notice under one or more of sections 230, 242, 248 and 250.

(6A) The regulator must notify the HCA of an appointment or requirement under section 251(2).

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7A) The regulator must notify the Greater London Authority of an appointment or requirement under section 251(2) in respect of a registered provider who owns land in Greater London.

(8) The regulator may require a manager to report to the regulator on the affairs specified in the appointment or requirement under section 251(3).

(9) A private registered provider may appeal to the High Court against an appointment or requirement under section 251(2).

(10) An appeal under this section must be brought within the period of 28 days beginning with the day on which—

(a) the regulator notifies the registered provider of an appointment made under section 251(2)(a) (in the case of an appeal against an appointment), or

(b) the regulator notifies the registered provider of the imposition of a requirement on the provider under section 251(2)(b) (in the case of an appeal against a requirement).

Transfer of land

253

(1) This section applies if as a result of an inquiry under section 206 or an audit under section 210 the regulator is satisfied that—

(a) the affairs of a private registered provider have been mismanaged in relation to social housing, ...

(b) a transfer of land by a private registered provider would be likely to improve the management of the land , or

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

(a) to the regulator, or

(b) to another specified private registered provider.

(3) A requirement may be imposed on a profit-making registered provider only in relation to its social housing and associated land.

(4) For the purposes of subsection (3) land is associated with social housing if the regulator thinks that it is used in connection with the social housing or its management.

(5) A requirement may not be imposed on a non-profit registered provider requiring it to transfer land to a profit-making registered provider.

(6) A requirement may not be imposed on a registered charity.

(7) A requirement may be imposed on a charity which is not registered (C1), but only for transfer to another charity (C2) whose objects the regulator thinks are similar to those of C1.

Section 253: supplemental

254

(1) A transfer under section 253 shall be on terms specified in, or determined in accordance with, the requirement.

(2) The price shall be not less than an amount certified by the district valuer as the amount the property would fetch if sold by a willing seller to another registered provider.

(3) The terms shall include provision as to the payment of any debts or liabilities in respect of the land (whether or not secured on it).

(4) A requirement to transfer land may be imposed only with the Secretary of State's consent (both as to the transfer and the terms).

(5) Where land is transferred to the regulator under section 253(2)(a)—

(a) the regulator may dispose of it only to a registered provider, and

(b) if it is transferred by a non-profit registered provider, the regulator may dispose of it only to a non-profit registered provider.

Amalgamation

255

(1) This section applies if as a result of an inquiry under section 206 or an audit under section 210 the regulator is satisfied that—

(a) the affairs of a non-profit registered provider which is a registered society have been mismanaged in relation to social housing, ...

(b) the management of social housing owned by a non-profit registered provider which is a registered society would be improved if the provider were amalgamated with another registered society , or

(2) The regulator may make and execute on behalf of the society an instrument providing for the amalgamation of the society with another registered society.

(3) The regulator may act under subsection (2) only with the Secretary of State's consent.

(4) 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).

(5) A copy of an 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.

(8) Any body created by virtue of an amalgamation—

(a) must be registered by the regulator and designated as a non-profit organisation, and

(b) pending registration shall be treated as registered and designated as a non-profit organisation.

Restrictions on dealings by ... registered providers

Restrictions on dealings during inquiry

256

(1) The regulator may make an order under this section if—

(a) an inquiry under section 206 is in progress in respect of a private registered provider, and

(b) either of the following cases applies.

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

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

(b) that the interests of tenants of the registered provider, 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 registered provider have been mismanaged, or

(b) the registered provider has failed to meet a standard under section 194.

(4) The regulator may order a bank or other person who holds money or securities on behalf of the registered provider not to part with the money or securities without the regulator's consent.

(5) The regulator may make an order restricting—

(a) the transactions that may be entered into by the registered provider, or

(b) the nature and amounts of payments that may be made by it.

(6) An order under subsection (5) may in particular provide that transactions may not be entered into or payments made without the regulator's consent.

(6A) If the registered provider is a registered charity, the regulator must notify the Charity Commission if it makes an order under this section.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) An order ceases to have effect at the end of the period of 6 months beginning with the day on which the inquirer's final report under section 207 is made.

(9) But the regulator—

(a) may revoke the order before that time;

(b) may by order extend it for a specified period of up to 6 months.

Restrictions on dealings following inquiry

257

(1) This section applies if as a result of an inquiry under section 206 or an audit under section 210 the regulator is satisfied that—

(a) the affairs of a private registered provider have been mismanaged, or

(b) a private registered provider has failed to meet a standard under section 194.

(2) The regulator may order a bank or other person who holds money or securities on behalf of the registered provider not to part with the money or securities without the regulator's consent.

(3) The regulator may make an order restricting—

(a) the transactions that may be entered into by the registered provider, or

(b) the nature and amounts of payments that may be made by it.

(4) An order under subsection (3) may in particular provide that transactions may not be entered into or payments made without the regulator's consent.

(4A) If the registered provider is a registered charity, the regulator must notify the Charity Commission if it makes an order under this section.

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

(6) An order under this section has effect until revoked by the regulator.

Restrictions on dealings: supplemental

258

(1) Before making an order under section 256 or 257 the regulator must take all reasonable steps to give notice to—

(a) the registered provider, and

(b) in the case of an order under section 256(4) or 257(2), the person to whom the order is directed.

(2) Contravention of an order under section 256(4) or 257(2) is an offence.

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

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

(a) the regulator, or

(b) the Director of Public Prosecutions.

Suspension and removal of officers of ... registered providers

Suspension during inquiry

259

(1) The regulator may make an order under this section if—

(a) an inquiry under section 206 is in progress in respect of a private registered provider, and

(b) any of the following cases applies.

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

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

(b) that the interests of tenants of the registered provider, 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 registered provider have been mismanaged, or

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

(3A) Case 3 applies if the regulator is satisfied that an officer, employee or agent of the registered provider is obstructing, or failing to co-operate with, the inquiry.

(4) The regulator may by order—

(a) where Case 1 or Case 2 applies, suspend any officer, employee or agent of the registered provider who it thinks has contributed to the mismanagement or failure, or

(b) where Case 3 applies, suspend the officer, employee or agent who it thinks is obstructing, or failing to co-operate with, the inquiry.

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

(6) An order ceases to have effect at the end of the period of 6 months beginning with the day on which the inquirer's final report under section 207 is made.

(7) But the regulator may revoke an order before the end of that period.

(7A) If the regulator makes an order, the regulator must—

(a) take all reasonable steps to notify the person suspended, and

(b) notify the registered provider.

(8) The regulator shall notify the Charity Commission if it suspends an officer, employee or agent of a registered charity.

Removal or suspension following inquiry

260

(1) This section applies if as a result of an inquiry under section 206 or an audit under section 210 the regulator is satisfied that—

(a) the affairs of a private registered provider have been mismanaged, or

(b) a private registered provider has failed to meet a standard under section 193, 194 or 194C.

(2) The regulator may by order remove any officer, employee or agent of the registered provider who—

(a) it thinks has contributed to the mismanagement or failure, or

(b) it thinks obstructed, or failed to co-operate with, the inquiry under section 206.

(3) Pending a decision whether to remove an officer, employee or agent, the regulator may by order suspend the person for a specified period of up to 6 months.

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

(5) Before making an order the regulator must take all reasonable steps to give at least 14 days' notice to—

(a) the person, and

(b) the registered provider.

(5A) If the regulator makes an order, the regulator must—

(a) take all reasonable steps to notify the person removed or suspended, and

(b) notify the registered provider.

(6) The regulator shall notify the Charity Commission if it removes or suspends an officer, employee or agent of a registered charity.

Suspension under section 259 or 260: supplemental

261

(1) This section applies where the regulator suspends an officer, employee or agent of a registered provider under section 259 or 260.

(2) The regulator may give directions to the registered provider about—

(a) the performance of the suspended person's functions, and

(b) any other matter arising from the suspension.

(3) The regulator may appoint a person to perform the suspended person's functions.

Disqualification of removed person

262

(1) A person is disqualified from acting as an officer of a registered provider if the person has been removed under—

(a) section 260, or

(b) paragraph 24(2)(a) of Schedule 1 to the Housing Act 1996 (c. 52), section 30(1)(a) of the Housing Associations Act 1985 (c. 69) or section 20(1)(a) of the Housing Act 1974 (c. 44) (other similar provisions).

(2) The regulator may waive a disqualification either generally or in relation to a particular registered provider or class of registered providers.

(3) A waiver may be granted only on an application by the disqualified person.

(4) The regulator shall notify a person whose disqualification is waived.

(5) If a disqualified person acts as an officer of a registered provider, the person's acts are not invalid by reason only of the disqualification.

Register of disqualified persons

263

(1) The regulator shall maintain a register of persons disqualified under section 262.

(2) The register must show details of any waivers.

(3) The regulator shall make the register available for inspection by the public.

Acting while disqualified: offence

264

(1) It is an offence for a person to act as an officer of a registered provider in respect of which the person is disqualified under section 262.

(2) A person guilty of an offence is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine ... or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.

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

(a) the regulator, or

(b) the Director of Public Prosecutions.

(4) In relation to an offence committed before 2 May 2022 the reference in subsection (2)(a) to the general limit in a magistrates’ court shall have effect as if it were a reference to 6 months.

Acting while disqualified: other consequences

265

(1) This section applies where the regulator is satisfied that a person—

(a) has acted as an officer of a registered provider in respect of which the person is disqualified under section 262, and

(b) in doing so, has received payments or other benefits from the registered provider.

(2) The regulator may require the person to repay the sum or, as the case may be, a specified amount representing the whole or part of the value of the benefit.

(3) If a person fails to comply with a requirement the registered provider may recover the sum or specified amount as a debt.

Removal of officers

266

(1) The regulator may by order remove an officer of a private registered provider if a Case listed in this section applies to the officer.

(2) Case 1 applies to a person who has been made bankrupt.

(3) Case 2 applies to a person who has made an arrangement with creditors.

(4) Case 3 applies to a person who is subject to a disqualification order or a disqualification undertaking under the Company Directors Disqualification Act 1986 (c. 46) or equivalent legislation in Northern Ireland.

(5) Case 4 applies to a person who is subject to an order under section 429(2) of the Insolvency Act 1986 (c. 45) (disabilities on revocation of county court administration order).

(6) Case 5 applies to a person who is disqualified under section 178 of the Charities Act 2011 from being a charity trustee.

(7) Case 6 applies to a person who is incapable of acting by reason of mental disorder.

(8) Case 7 applies to a person who is impeding the proper management of the registered provider by reason of absence or failure to act.

(9) Case 8 applies to a person who is obstructing the regulator, or failing to co-operate with the regulator, in the performance of the regulator’s functions under this Part.

Section 266: supplemental

267

(1) Before making an order under section 266 in respect of an officer the regulator must take all reasonable steps to give at least 14 days' notice to—

(a) the officer, and

(b) the registered provider.

(1A) If the regulator makes an order, the regulator must—

(a) take all reasonable steps to notify the person removed, and

(b) notify the registered provider.

(1B) The regulator must notify the Charity Commission if it makes an order removing an officer of a registered charity.

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

Appeal against removal or suspension

268

(1) A person removed or suspended under section 259, 260 or 266 may appeal to the High Court.

(2) An appeal under this section must be brought within the period of 28 days beginning with the day on which the registered provider concerned is notified of the removal or suspension.

Appointment of new officers

269

(1) The regulator may by order appoint a person as an officer of a private registered provider—

(a) to replace an officer removed by order under section 266,

(b) where there are no officers, ...

(ba) in the case of a registered provider which is a registered charity, registered society or registered company, if none of the officers is a board member,

(bb) if the regulator is satisfied that the registered provider has failed to meet a standard under section 193, 194 or 194C, or

(c) if the regulator is satisfied an additional officer is necessary to ensure that the registered provider's affairs are managed in accordance with legal requirements (imposed by or under an Act or otherwise).

(1A) In subsection (1)(ba), “board member” means—

(a) in the case of a registered charity which is not a registered company, a charity trustee within the meaning given by section 177 of the Charities Act 2011;

(b) in the case of a registered society, a member of its committee within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014;

(2) The regulator may appoint more than a minority of the officers of a registered provider only if—

(a) the provider has fewer officers than required by its constitution, or

(b) its constitution does not specify a minimum number of officers.

(3) Subsection (1) overrides any restriction on eligibility or numbers of officers imposed by the body's constitution.

(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) ... the regulator may by order renew the appointment (on any number of occasions), and

(b) the officer may resign or retire in accordance with the registered provider's constitution.

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

(b) the regulator notified the Charity Commission of its intention to do so .

Chapter 8 — General

Interpretation

Officer

270

The Table gives the meaning of “officer” in relation to registered providers.

Subsidiary and associate

271

(1) A person (“A”) is a subsidiary of another person (“B”) if—

(a) A is a subsidiary undertaking in relation to B for the purposes of the Companies Acts (see section 1162 of, and Schedule 7 to, the Companies Act 2006), or

(b) A would be a subsidiary undertaking in relation to B for those purposes if “undertaking” were defined for those purposes to mean any person.

(6) “Associate” of a provider means—

(a) a body of which the provider is a subsidiary, and

(b) any other subsidiary of that body.

Family

272

(1) For the purposes of this Part one person is a member of the family of another if—

(a) they are, or live together as if they were, spouses or civil partners, or

(b) one is the parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece of the other.

(2) For those purposes—

(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 as P's child), and

(b) a relationship by half-blood shall be treated as a relationship by whole blood.

Disposal

273

(1) In this Part a reference to disposing of property is a reference to—

(a) selling it,

(b) leasing it,

(d) making it subject to a charge, and

(e) disposing of it, or of any interest in it, in any other way.

(2) Granting an option to require a disposal shall be treated as making a disposal.

Charities that have “received public assistance”

274

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

General

275

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 Housing Act 1988,

“assured tenancy” has the same meaning as in that Part,

“the Charity Commission” means the Charity Commission for England and Wales,

“committee”, in relation to a registered 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 member of the society or not),

“consent” means written consent,

“constitution” includes rules,

“contract-holder” has the meaning given in section 7 (see also section 48) of the Renting Homes (Wales) Act 2016 (anaw 1),

“conveyance” includes grant, assignment and any other instrument,

“district valuer” has the meaning given by section 622 of the Housing Act 1985 (c. 68),

“dwelling”—means a house, flat or other building or part of a building occupied or intended to be occupied as a separate dwelling, andincludes any garden, yard, outhouse or other appurtenance belonging to, or usually enjoyed with, the dwelling,

“the HCA” means the Homes and Communities Agency,

“housing ombudsman” means a housing ombudsman appointed in accordance with a scheme approved under Schedule 2 to the Housing Act 1996,

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

“local authority” means—the council of a county in England,a district council,a London borough council,the Common Council of the City of London, orthe Council of the Isles of Scilly;

“local housing authority” has the same meaning as in the Housing Act 1985,

“maintenance” includes repair,

“mismanagement”, in relation to the affairs of a registered provider, means managed in breach of any legal requirements (imposed by or under an Act or otherwise);

“non-registrable charity” means a charity which is not required to be registered, in accordance with section 30 of the Charities Act 2011,

“notice” means written notice (and to “notify” means to give written notice),

“occupation contract” has the meaning given in section 7 of the Renting Homes (Wales) Act 2016,

"preferential creditor", "preferential debt”, “ordinary preferential debt”, “ordinary non-preferential debt”, “secondary preferential debt”, “secondary non-preferential debt”, “tertiary non-preferential debt” and “relevant financial institution” 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 2011,

“registered company” means a company within the meaning of the Companies Act 2006 (c. 46),

“registered society” has the same meaning as in the Co-operative and Community Benefit Societies Act 2014,

“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 1985 (c. 68),

“secured creditor” means a creditor who holds a mortgage or charge (including a floating charge) over—land held by a registered provider, ora present or future interest of a registered provider in rents or other receipts from land,

“tenant” in relation to social housing includes other occupiers, and

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

Index of defined terms

276

The Table lists expressions defined in this Part.

Miscellaneous

Consequential amendments

277

Schedule 9 (which contains amendments of enactments) has effect.

Transitional

278

(1) The regulator shall include in the register under section 111 on its establishment anyone—

(a) who was registered under section 1 of the Housing Act 1996 (c. 52) (register of social landlords) immediately before section 61 came into force, and

(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 organisation.

Part 3 — Other provisions

Chapter 1 — Sustainability certificates

General

Certificates for new homes

279

(1) A person who is selling a residential property as a new property must supply the purchaser with—

(a) a sustainability certificate, or

(b) a written statement to the effect that there is no sustainability certificate for the property.

(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

(b) supply the sustainability certificate at such time, or within such period, as may be prescribed.

(4) If the seller is to supply a statement, the seller must supply it before the sale is agreed.

(5) The appropriate national authority may by regulations require sellers to 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.

(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 requirement.

(9) The seller may not charge for supplying a certificate or statement by virtue of this section.

(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.

(11) In this Chapter—

“interim certificate” means a document which—contains an interim assessment of the sustainability of a residential property, andcomplies with the requirements of regulations under this Chapter,

“sustainability certificate” means a document which—contains a final assessment of the sustainability of a residential property, andcomplies with the requirements of regulations under this Chapter.

Meaning of sustainability

280

(1) For the purposes of this Chapter the sustainability of a residential property relates to the extent to which—

(a) the materials used in the property,

(b) other aspects of the design and construction of the property, and

meet any sustainability standards.

(2) Sustainability standards are standards prescribed by the appropriate national authority for any of the following purposes—

(a) ensuring the health, safety, welfare and convenience of persons in or about the property and of others who may be affected by the property or matters connected with it,

(b) furthering the efficient management of the property and of its construction,

(d) furthering the efficient use of water and minimising flood risk,

(e) furthering efficient waste management,

(f) furthering the protection or enhancement of the environment, and

(g) furthering the prevention or detection of crime.

(3) The appropriate national authority may by regulations amend subsection (2) so as to add, remove or alter purposes for the time being contained there.

(4) The references in this section to the construction of the property include references to any related demolition and any off-site activities relating to the construction or demolition.

Authorised assessors

281

(1) The assessment of the sustainability of a residential property is to be carried out for the purposes of this Chapter by an authorised assessor.

(2) The appropriate national authority may by regulations make provision about authorised assessors.

(3) The regulations must specify the persons or descriptions of persons who are to be authorised assessors.

(4) Subsections (5) to (9) apply if regulations under subsection (2) provide for authorised assessors to be persons accredited under an approved accreditation scheme.

(5) The regulations may make provision about accreditation schemes.

(6) The regulations may, in particular, provide for—

(a) the approval by the appropriate national authority of one or more accreditation schemes (whether established by the appropriate national authority or another person),

(b) the withdrawal by the appropriate national authority of any such approval,

(7) Any regulations of the kind mentioned in subsection (6)(a) must require the appropriate national authority to be satisfied, before approving an accreditation scheme, that the scheme contains appropriate provision—

(a) for ensuring that members of the scheme are fit and proper persons who are qualified (by their education, training and experience) to carry out assessments,

(b) for ensuring that a code of conduct for members of the scheme is maintained and published,

(d) for facilitating the resolution of complaints against members of the scheme,

(e) for requiring certificates or other documents given by members of the scheme to be entered on a register under section 282,

(f) for the keeping of a public register of the members of the scheme, and

(g) for such other purposes as may be specified in the regulations.

(8) Subsection (7) does not limit the matters which the regulations may require the appropriate national authority to be satisfied about before approving an accreditation scheme.

(9) Regulations under subsection (5) may, in particular, require or authorise an approved accreditation scheme to contain provision about any matter relating to sustainability certificates or other documents with which the scheme is concerned (including the terms on which members of the scheme may undertake to produce such documents).

Register of certificates

282

(1) The appropriate national authority may by regulations make provision about a register of sustainability certificates.

(2) The regulations may, in particular, make provision of the kind mentioned in subsections (3) to (7).

(3) The regulations may provide for a register to be kept—

(a) by (or on behalf of) the appropriate national authority, or

(b) by such other person as the regulations may specify or describe.

(4) The regulations may require a person wishing to enter a document onto a register to pay such fee as may be prescribed.

(5) No person may disclose—

(a) a register or any document (or part of a document) contained in it, or

(b) any information contained in, or derived from, a register,

except in accordance with any provision of the regulations which authorises or requires such a disclosure to be made.

(6) The regulations may make provision as to circumstances in which, or purposes for which, a person or a person of a prescribed description—

(a) may (on payment of such fee, if any, as may be prescribed)—

(i) inspect a register or any document (or part of a document) contained in it,

(ii) take or be given copies of a register or any document (or part of a document) contained in it, or

(iii) be given information contained in, or derived from, a register, or

(b) may disclose anything obtained by virtue of provision made under paragraph (a).

(7) The purposes which may be so prescribed may be public purposes or purposes of private undertakings or other persons.

(8) A person who contravenes subsection (5) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(9) The appropriate national authority may by regulations provide for interim certificates or other documents to be included on a register.

(10) In such a case, subsections (1) to (8) apply in relation to the interim certificates or other documents concerned as they apply in relation to sustainability certificates.

Enforcement

Enforcement authorities

283

(1) Every local weights and measures authority is an enforcement authority for the purposes of this Chapter.

(2) It is the duty of each enforcement authority to enforce in its area the duties imposed by virtue of section 279.

Power to require production of certificates or statements

284

(1) Subsection (2) applies if an authorised officer of an enforcement authority believes that a person is, or has been, subject to a duty imposed by virtue of section 279 to supply a certificate or statement in relation to a particular property.

(2) The officer may require the person to produce for inspection a copy of the certificate or statement.

(3) The power conferred by subsection (2) includes power—

(a) to require the production of a legible hard copy of any certificate or statement which is held in electronic form, and

(b) to take copies of any hard copy produced for inspection.

(4) A requirement under this section may not be imposed more than 6 months after the last day for supplying the certificate or statement concerned in pursuance of the duty imposed by virtue of section 279.

(5) A person is not required to comply with a requirement under this section if the person has a reasonable excuse for not complying with the requirement.

(6) Subject to this, a person subject to such a requirement must comply with it within the period of 7 days beginning with the day after that on which it is imposed.

Penalty charge notices

285

(1) An authorised officer of an enforcement authority may give a penalty charge notice to a person if the officer believes that the person has committed a breach of—

(a) any duty imposed by virtue of section 279, or

(b) any duty under section 284.

(2) A penalty charge notice may not be given after the end of the period of 6 months beginning with the day (or, in the case of a continuing breach, the last day) on which the breach of duty was committed.

(3) Schedule 10 (which makes further provision about penalty charge notices) has effect.

Offences relating to enforcement officers

286

(1) A person who, without reasonable excuse, obstructs an officer of an enforcement authority who is acting in pursuance of duties imposed by virtue of this Chapter is guilty of an offence.

(2) A person who, not being an authorised officer of an enforcement authority, purports to act as such in pursuance of section 284 or 285 is guilty of an offence.

(3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Supplementary

Grants

287

(1) The appropriate national authority may make grants towards expenditure incurred by any person in connection with the development of proposals for, or the operation of—

(a) a register under section 282, or

(b) accreditation schemes or any other provision which may be made by regulations under this Chapter.

(2) A grant under this section may be made on conditions, which may include (among other things)—

(a) conditions as to the purposes for which the grant or any part of it may be used, and

(b) conditions requiring the repayment (with or without interest) of the grant or any part of it in such circumstances as may be specified in the conditions.

Suspension of duties

288

(1) The appropriate national authority may by regulations suspend (or later revive) the operation of any duty imposed by virtue of section 279.

(2) Such regulations may provide for the suspension of a duty to take effect only for a period specified in the regulations.

(3) A duty which is (or is to any extent) revived after being suspended may be suspended again.

Disclosure of certificates etc.

289

(1) The appropriate national authority may by regulations make provision about the disclosure of—

(a) sustainability certificates, interim certificates or statements of the kind mentioned in section 279(1)(b),

(b) copies of any such documents,

(d) any information collected by an authorised assessor for the purposes of preparing a sustainability certificate or an interim certificate.

(2) A person who, without reasonable excuse, discloses anything whose disclosure is prohibited by regulations under subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

General powers to make regulations

290

(1) The appropriate national authority may by regulations make such provision as the authority considers appropriate—

(a) for the general purposes, or any particular purpose, of this Chapter,

(b) in consequence of any provision made by virtue of this Chapter or for giving full effect to it.

(2) Such regulations may, in particular, provide for—

(a) the form and content of sustainability certificates and interim certificates,

(b) the form and content of written statements of the kind mentioned in section 279(1)(b),

(d) the issue of guidance for the purposes of this Chapter,

(e) the relationship between any provision made by virtue of this Chapter and any provision ... in relation to energy performance certificates.

(3) Regulations made by virtue of subsection (2)(a) or (b) may, in particular, provide for the form or content of the documents concerned to be such as may be approved by the appropriate national authority.

(4) In subsection (2)(e) “energy performance certificate” has the same meaning as in the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 (S.I. 2007/991) (see regulation 2(1)) or any corresponding subsequent regulations.

Powers to extend Chapter

291

(1) The appropriate national authority may by regulations provide for this Chapter to apply, with or without prescribed modifications, to—

(a) buildings which are not residential properties, or

(b) prescribed descriptions of buildings falling within paragraph (a),

as it applies to residential properties.

(2) The appropriate national authority may by regulations provide for this Chapter to apply, with or without prescribed modifications, to—

(a) newly converted residential properties,

(b) newly converted buildings which are not residential properties, or

(c) prescribed descriptions of residential properties falling within paragraph (a) or buildings falling within paragraph (b),

as it applies to new residential properties.

(3) For the purposes of this Chapter a residential property or other building is newly converted if—

(a) it has been converted but has never been used for its intended purpose,

(b) it is being converted, or

(4) The appropriate national authority may by regulations provide for circumstances in which a residential property or other building is to be treated as having been converted.

(5) The references in subsections (1)(a) and (b), (2)(b) and (c) and (3) and (4) to buildings include references to—

(a) ancillary land, and

(b) buildings and ancillary land which are being designed or constructed or are to be constructed.

(6) The appropriate national authority may by regulations amend the definition of “purchaser” in section 292(1).

(7) Regulations under subsection (6)—

(a) must ensure that the descriptions of persons falling within the definition on the passing of this Act continue to fall within the definition (but this is without prejudice to the power to amend the text of the definition), and

(b) may, in particular, ensure that descriptions of persons who are taking steps with a view to deciding whether to purchase residential properties are included within the definition.

Chapter 1: interpretation etc.

292

(1) In this Chapter—

“ancillary land”, in relation to a building, means any land intended to be occupied and enjoyed together with the building,

“appropriate national authority” means—in relation to England, the Secretary of State, andin relation to Wales, the Welsh Ministers,

“building” includes part of a building,

“modifications” includes omissions,

“prescribed” means prescribed by regulations made by the appropriate national authority,

“purchase”, in relation to a residential property, means acquire, or agree to acquire, by way of purchase a relevant interest in the property,

“purchaser”, in relation to a residential property, means a person who has—made an offer to purchase it, orpurchased it,

“relevant interest”, in relation to a residential property, means—the freehold interest in the property,such leasehold interests as may be prescribed, oran option to acquire the freehold interest or any such prescribed leasehold interest,

“residential property” means a building which is, or is intended to be, occupied as a separate dwelling (including one that is being designed or constructed or is to be constructed) and includes any ancillary land, but it does not include a newly converted residential property,

“sell”, in relation to a residential property, means—dispose, or agree to dispose, by way of sale of a relevant interest in the property, oroffer such an interest for sale,

“sustainability”, in relation to residential properties, is to be read in accordance with section 280.

(2) Any reference in subsection (1) or (5) to the disposal of a relevant interest includes a reference to the creation of such an interest.

(3) For the purposes of this Chapter a person who is selling a residential property is to be treated as selling it as a new property if, at the time in question—

(a) the property is being designed,

(b) the property is being constructed, or

(4) For the purposes of this Chapter, the construction of a residential property is to be treated as finished if the property—

(a) is wind and weather proof,

(b) is safe and sanitary for any occupiers or visitors,

(d) has washing and drainage facilities, and

(e) meets any other prescribed requirements.

(5) For the purposes of this Chapter a sale is agreed—

(a) in the case of a legally binding agreement to dispose by way of sale, when the agreement is entered into, and

(b) in the absence of such an agreement, when the disposal is made.

(6) Any requirement imposed by virtue of section 279 to supply a certificate or statement—

(a) may be met by supplying a copy of the certificate or statement, and

(b) may be met by supplying the certificate or statement (or copy) in electronic form if the intended recipient consents to receiving it in that form.

(7) For the purposes of this Chapter a certificate, statement or copy supplied in electronic form is only to be treated as being received if the recipient is readily able (using equipment available to the recipient)—

(a) to view the document in a form that is legible, and

(b) to produce hard copies of it in a legible form.

(8) The sale or purchase of a residential property is not invalid merely because of a failure to comply with any requirement imposed by virtue of this Chapter.

Index of defined expressions: Chapter 1

293

In this Chapter, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column.

Chapter 2 — Landlord and tenant matters

Tenant empowerment

Ballots before certain disposals to private landlords

294

(1) Schedule 3A to the Housing Act 1985 (c. 68) (consultation before disposal to private sector landlord) is amended as follows.

(2) After paragraph 3(3) insert—

(4) When a notice has been served under sub-paragraph (3) the authority shall arrange a ballot of the tenants in accordance with sub-paragraph (5) to establish whether or not the tenants wish the disposal to proceed. (5) The authority shall— (a) make arrangements for such person as they consider appropriate to conduct the ballot in such manner as that person considers appropriate; or (b) conduct the ballot themselves. (6) After the ballot has been held the authority shall serve a notice on each tenant (whether or not he voted in the ballot) informing him— (a) of the ballot result; and (b) if the authority intend to proceed with the disposal, that he may within 28 days after the service of the notice make representations to the Secretary of State or (as the case may be) the Welsh Ministers.

(3) In paragraph 5(1)—

(a) for “it appears to him” substitute “ the result of a ballot arranged under paragraph 3(4) shows ”, and

(b) after “relates” insert “ who voted in the ballot ”.

(4) After paragraph 5 insert—

(5A) (1) The appropriate person must give guidance to local authorities about complying with the requirements of paragraph 3 as to consultation. (2) The appropriate person must publish guidance given under this paragraph as soon as reasonably practicable after giving it. (3) Local authorities must, in complying with the requirements of paragraph 3 as to consultation, have regard to the guidance for the time being in force under this paragraph. (4) The appropriate person may revoke guidance given under this paragraph. (5) References in this paragraph to giving guidance include references to giving guidance by varying existing guidance. (6) In this paragraph “the appropriate person” means— (a) in relation to England, the Secretary of State, and (b) in relation to Wales, the Welsh Ministers.

(5) Subsections (2) to (4) do not apply to consultations begun before the coming into force of those subsections.

(6) For the purposes of subsection (5) a consultation has begun when a notice has been served under paragraph 3(2) of Schedule 3A to the Act of 1985.

Management agreements: extending requirements to co-operate

295

(1) Section 27AB of the Housing Act 1985 (c. 68) (management agreements with tenant management organisations) is amended as follows.

(2) In subsection (2), after paragraph (b), insert—

(ba) to provide to the organisation such information or descriptions of information, in connection with the proposal, as may be prescribed in the regulations; (bb) to take, in circumstances prescribed in the regulations, such other steps as may be so prescribed to co-operate with the organisation in connection with the proposal;

(3) In subsection (4)—

(a) in paragraph (a) after “authority” insert “ or the person making the regulations ”,

(b) after paragraph (b), insert—

(ba) setting time-limits for the carrying out of requirements under the regulations;

, and

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

296

After section 34 of the Housing Act 1985 (c. 68) (consents in relation to disposals of land held for housing purposes) insert—

(34A) (1) The appropriate person may make regulations for imposing requirements on a local housing authority in any case where a tenant group serves written notice on the authority proposing that the authority should dispose of particular land held by them for the purposes of this Part, or a particular description of such land, to a relevant housing provider. (2) The regulations may make provision requiring the authority— (a) to provide, or finance the provision of, such office accommodation and facilities, and such training, as the tenant group reasonably requires for the purpose of pursuing the proposal; (b) to arrange for such feasibility studies with respect to the proposal as may be determined by or under the regulations to be conducted by such persons as may be so determined; (c) to provide to the tenant group such information or descriptions of information, in connection with the proposal, as may be prescribed in the regulations; (d) to take, in circumstances prescribed in the regulations, such other steps as may be so prescribed to co-operate with the tenant group in connection with the proposal; (e) to arrange for such ballots or polls with respect to the proposal as may be determined by or under the regulations to be conducted by such persons as may be so determined; and (f) in such circumstances as may be prescribed by the regulations, to enter into an agreement for the disposal. (3) The regulations may make provision— (a) for determining the houses and other land to which the disposal should relate, and the amounts which should be paid in respect of the disposal; (b) requiring the agreement for the disposal to be in such form as may be approved by the appropriate person and to contain such provisions as may be prescribed by the regulations. (4) The regulations may make such procedural, incidental, supplementary and transitional provisions as may appear to the appropriate person necessary or expedient, and may in particular make provision— (a) for particular questions arising under the regulations to be determined by the authority or the appropriate person; (b) setting time-limits for the carrying out of requirements under the regulations; (c) requiring any person exercising functions under the regulations to act in accordance with any guidance or directions given by the appropriate person. (5) Nothing in subsections (2) to (4) is to be taken as prejudicing the generality of subsection (1). (6) Any regulations which provide for the appropriate person to approve a proposal for a local housing authority to dispose of land must ensure that the authority has the opportunity to make representations to the appropriate person before the appropriate person decides whether or not to approve the proposal. (7) This section does not affect any requirement under section 32 or 33 for the consent of the Secretary of State or the Welsh Ministers. (8) Regulations under this section— (a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas; and (b) are to be made by statutory instrument which— (i) in the case of an instrument made by the Secretary of State, is subject to annulment in pursuance of a resolution of either House of Parliament; and (ii) in the case of an instrument made by the Welsh Ministers, is subject to annulment in pursuance of a resolution of the National Assembly for Wales. (9) In this section— - “appropriate person” means— 1. in relation to England, the Secretary of State; and 2. in relation to Wales, the Welsh Ministers; - “relevant housing provider” means— 1. in relation to England, a registered provider of social housing; and 2. in relation to Wales, a registered social landlord; and - “tenant group” means a body or other person which satisfies such conditions as may be determined by or under the regulations.

Family intervention tenancies

Family intervention tenancies: general

297

(1) In Schedule 1 to the Housing Act 1985 (c. 68) (tenancies which are not secure tenancies) after paragraph 4 insert—

(4ZA) (1) A tenancy is not a secure tenancy if it is a family intervention tenancy. (2) But a tenancy mentioned in sub-paragraph (1) becomes a secure tenancy if the landlord notifies the tenant that it is to be regarded as a secure tenancy. (3) In this paragraph “a family intervention tenancy” means, subject to sub-paragraph (4), a tenancy granted by a local housing authority in respect of a dwelling-house— (a) to a person (“the new tenant”) against whom a possession order under section 84 in respect of another dwelling-house— (i) has been made, in relation to a secure tenancy, on ground 2 or 2A of Part 1 of Schedule 2; (ii) could, in the opinion of the authority, have been so made in relation to such a tenancy; or (iii) could, in the opinion of the authority, have been so made if the person had had such a tenancy; and (b) for the purposes of the provision of behaviour support services. (4) A tenancy is not a family intervention tenancy for the purposes of this paragraph if the local housing authority has failed to serve a notice under sub-paragraph (5) on the new tenant before the new tenant entered into the tenancy. (5) A notice under this sub-paragraph is a notice stating— (a) the reasons for offering the tenancy to the new tenant; (b) the dwelling-house in respect of which the tenancy is to be granted; (c) the other main terms of the tenancy (including any requirements on the new tenant in respect of behaviour support services); (d) the security of tenure available under the tenancy and any loss of security of tenure which is likely to result from the new tenant agreeing to enter into the tenancy; (e) that the new tenant is not obliged to enter into the tenancy or (unless otherwise required to do so) to surrender any existing tenancy or possession of a dwelling-house; (f) any likely action by the local housing authority if the new tenant does not enter into the tenancy or surrender any existing tenancy or possession of a dwelling-house. (6) The appropriate national authority may by regulations made by statutory instrument amend sub-paragraph (5). (7) A notice under sub-paragraph (5) must contain advice to the new tenant as to how the new tenant may be able to obtain assistance in relation to the notice. (8) The appropriate national authority may by regulations made by statutory instrument make provision about the type of advice to be provided in such notices. (9) Regulations under this paragraph may contain such transitional, transitory or saving provision as the appropriate national authority considers appropriate. (10) A statutory instrument containing (whether alone or with other provision) regulations under this paragraph which amend or repeal any of paragraphs (a) to (f) of sub-paragraph (5) may not be made— (a) by the Secretary of State unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament; and (b) by the Welsh Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales. (11) Subject to this, a statutory instrument containing regulations made under this paragraph— (a) by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament; and (b) by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales. (12) In this paragraph— - “appropriate national authority”— 1. in relation to England, means the Secretary of State; and 2. in relation to Wales, means the Welsh Ministers; - “behaviour support agreement” means an agreement in writing about behaviour and the provision of support services made between the new tenant and the local housing authority concerned (or between persons who include those persons); - “behaviour support services” means relevant support services to be provided by any person to— 1. the new tenant; or 2. any person who is to reside with the new tenant; - “family intervention tenancy” has the meaning given by sub-paragraph (3); - “the new tenant” has the meaning given by sub-paragraph (3)(a); - “relevant support services” means support services of a kind identified in a behaviour support agreement and designed to meet such needs of the recipient as are identified in the agreement.

(2) In Part 1 of Schedule 1 to the Housing Act 1988 (c. 50) (tenancies which cannot be assured tenancies) after paragraph 12 insert—

(12ZA) (1) A family intervention tenancy. (2) But a family intervention tenancy becomes an assured tenancy if the landlord notifies the tenant that it is to be regarded as an assured tenancy. (3) In this paragraph “a family intervention tenancy” means, subject to sub-paragraph (4), a tenancy granted by a registered provider of social housing or a registered social landlord (“the landlord”) in respect of a dwelling-house— (a) to a person (“the new tenant”) against whom a possession order under section 7 in respect of another dwelling-house— (i) has been made, in relation to an assured tenancy, on ground 14 or 14A of Part 2 of Schedule 2; (ii) could, in the opinion of the landlord, have been so made in relation to such a tenancy; or (iii) could, in the opinion of the landlord, have been so made if the person had had such a tenancy; and (b) for the purposes of the provision of behaviour support services. (4) A tenancy is not a family intervention tenancy for the purposes of this paragraph if the landlord has failed to serve a notice under sub-paragraph (5) on the new tenant before the new tenant entered into the tenancy. (5) A notice under this sub-paragraph is a notice stating— (a) the reasons for offering the tenancy to the new tenant; (b) the dwelling-house in respect of which the tenancy is to be granted; (c) the other main terms of the tenancy (including any requirements on the new tenant in respect of behaviour support services); (d) the security of tenure available under the tenancy and any loss of security of tenure which is likely to result from the new tenant agreeing to enter into the tenancy; (e) that the new tenant is not obliged to enter into the tenancy or (unless otherwise required to do so) to surrender any existing tenancy or possession of a dwelling-house; (f) any likely action by the landlord if the new tenant does not enter into the tenancy or surrender any existing tenancy or possession of a dwelling-house. (6) The appropriate national authority may by regulations made by statutory instrument amend sub-paragraph (5). (7) A notice under sub-paragraph (5) must contain advice to the new tenant as to how the new tenant may be able to obtain assistance in relation to the notice. (8) The appropriate national authority may by regulations made by statutory instrument make provision about the type of advice to be provided in such notices. (9) Regulations under this paragraph may contain such transitional, transitory or saving provision as the appropriate national authority considers appropriate. (10) A statutory instrument containing (whether alone or with other provision) regulations under this paragraph which amend or repeal any of paragraphs (a) to (f) of sub-paragraph (5) may not be made— (a) by the Secretary of State unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament; and (b) by the Welsh Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales. (11) Subject to this, a statutory instrument containing regulations made under this paragraph— (a) by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament; and (b) by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales. (12) In this paragraph— - “appropriate national authority”— 1. in relation to England, means the Secretary of State; and 2. in relation to Wales, means the Welsh Ministers; - “behaviour support agreement” means an agreement in writing about behaviour and the provision of support services made between the new tenant, the landlord and the local housing authority for the district in which the dwelling-house which is to be subject to the new tenancy is situated (or between persons who include those persons); - “behaviour support services” means relevant support services to be provided by any person to— 1. the new tenant; or 2. any person who is to reside with the new tenant; - “family intervention tenancy” has the meaning given by sub-paragraph (3); - “landlord” has the meaning given by sub-paragraph (3); - “local housing authority” (and the reference to its district) has the same meaning as in the Housing Act 1985 (see sections 1 and 2(1) of that Act); - “the new tenant” has the meaning given by sub-paragraph (3)(a); - “registered social landlord” has the same meaning as in Part 1 of the Housing Act 1996; - “relevant support services” means support services of a kind identified in a behaviour support agreement and designed to meet such needs of the recipient as are identified in the agreement.

(3) This section does not apply to any tenancy granted before the coming into force of this section.

Certain family intervention tenancies: termination

298

(1) A local housing authority must not serve a notice to quit on the tenant of a family intervention tenancy unless—

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