Supported Housing (Regulatory Oversight) Act 2023

Advice, strategy and standards

Supported Housing Advisory Panel

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• (1) The Secretary of State must appoint a panel of persons, to be known as “the Supported Housing Advisory Panel”, to provide information and advice about or in connection with supported exempt accommodation to—

• (a) the Secretary of State,

• (b) local housing authorities in England, and

• (c) social services authorities in England.

• (2) The persons appointed under subsection (1) must include—

• (a) at least one person who appears to the Secretary of State to represent the interests of registered providers of social housing in England,

• (b) at least one person who appears to the Secretary of State to represent the interests of local housing authorities in England,

• (c) at least one person who appears to the Secretary of State to represent the interests of social services authorities in England,

• (d) at least one person who appears to the Secretary of State to represent the interests of charities providing supported exempt accommodation, and

• (e) at least one person who appears to the Secretary of State to represent the interests of residents (or potential residents) of supported exempt accommodation;

but the Secretary of State is not required to appoint different persons under each of paragraphs (a) to (e).

• (3) The Secretary of State must, after complying with subsection (2), and after consulting the existing members of the panel, appoint a person to chair the panel, and the person becomes a member of the panel on appointment.

• (4) The Secretary of State must comply with subsections (1) to (3) before the end of the period of one year beginning with the date on which this Act is passed.

• (5) The panel—

• (a) must provide information or advice on such matters within subsection (1), to such persons within that subsection, as the Secretary of State may direct, and

• (b) subject to that, may provide such information or advice within subsection (1), to such persons within that subsection, as it considers appropriate (whether or not requested to do so).

• (6) A member of the panel is to hold and vacate office in accordance with the terms and conditions of the member’s appointment which—

• (a) must include provision requiring the member to declare any financial or other personal interest relevant to the functions of the panel, and

• (b) may include provision under which the member is paid remuneration or allowances.

• (7) A person appointed to the panel under subsection (1) or (3)—

• (a) is to be appointed for a term not exceeding five years, and

• (b) may, upon expiry of that term, be reappointed for one further term not exceeding five years.

• (8) In this section “information and advice about or in connection with supported exempt accommodation” includes information and advice about anything which, in the view of the panel, could have a significant impact on the provision or regulation of supported exempt accommodation.

Local supported housing strategies

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• (1) A local housing authority in England must—

• (a) carry out a review of the supported exempt accommodation in its district, and

• (b) in the light of that review, publish a strategy, to be known as a “supported housing strategy”, for the provision of supported exempt accommodation in its district.

• (2) A local housing authority—

• (a) must comply with subsection (1) before such date as may be specified in regulations made by the Secretary of State, and

• (b) subsequently, must comply with that subsection before the end of each five-year period beginning with the day on which it published its most recent supported housing strategy.

• (3) A supported housing strategy must, in particular, include—

• (a) the local housing authority’s assessment of—

• (i) the current availability of supported exempt accommodation in its district, and

• (ii) the likely need for supported exempt accommodation in its district during the period of five years beginning with the date on which the strategy is published;

• (b) such other matters as may be specified in regulations made by the Secretary of State.

• (4) The social services authority in respect of a district in England must give the local housing authority for that district (where that is a different authority) such assistance in connection with the carrying out of its duties under this section as the local housing authority may reasonably require.

• (5) A local housing authority in England must have regard to its supported housing strategy in the exercise of its functions.

• (6) A social services authority in England must, in the exercise of its social services functions—

• (a) where it is also a local housing authority, have regard to its supported housing strategy, or

• (b) in any other case, have regard to the supported housing strategy of each local housing authority in respect of whose district it is the social services authority.

• (7) The Secretary of State may issue guidance—

• (a) applicable to local housing authorities or social services authorities generally, or

• (b) applicable to specified descriptions of local housing authorities or social services authorities,

in relation to the exercise of their functions under this section.

• (8) A local housing authority or a social services authority must have regard to any guidance issued under subsection (7) that is applicable to it.

• (9) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

National Supported Housing Standards

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• (1) The Secretary of State may prepare and publish national standards for England, to be known as “National Supported Housing Standards”, in relation to any aspect of the provision of supported exempt accommodation.

• (2) National Supported Housing Standards may, in particular, set minimum standards in respect of—

• (a) the type or condition of premises used for the provision of supported exempt accommodation, or

• (b) the provision of care, support or supervision at supported exempt accommodation.

• (3) The Secretary of State must keep National Supported Housing Standards under review and may, whenever the Secretary of State considers appropriate—

• (a) prepare and publish amended or replacement standards, or

• (b) withdraw standards.

• (4) The Secretary of State may publish or withdraw a standard by such means as the Secretary of State considers appropriate for bringing the publication or withdrawal to the attention of persons likely to be affected by it.

Licensing

Licensing regulations

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• (1) The Secretary of State may by regulations make provision under which a person having control of, or managing, supported exempt accommodation—

• (a) that is within section 12(2), and

• (b) that is located in a district that is designated for the purposes of the regulations,

must obtain and comply with a licence granted by the local housing authority for the district.

• (2) If, at the end of the period of one year beginning with the day on which this Act is passed, the power in subsection (1) is yet to be exercised, the Secretary of State must publish, in such manner as the Secretary of State thinks fit, a report setting out the progress that has been made towards doing so.

• (3) The Secretary of State may by regulations make provision under which a person having control of, or managing, supported exempt accommodation—

• (a) that is not within section 12(2), and

• (b) that is located in a district that is designated for the purposes of the regulations,

must obtain and comply with a licence granted by the local housing authority for the district.

• (4) Regulations under subsection (1) or (3)—

• (a) must include provision under which a local housing authority may designate its district for the purposes of the regulations,

• (b) may include provision requiring a local authority to designate its district for the purposes of the regulations if conditions specified in the regulations are met, and

• (c) may include provision under which the Secretary of State may designate, or revoke a designation of, a local housing authority’s district for the purposes of the regulations.

• (5) The provision that may be made by virtue of subsection (4)(c) includes provision for the Secretary of State to designate the district of every local housing authority in England.

• (6) Regulations under subsection (1) or (3) must be made with a view to securing that National Supported Housing Standards (if any) are met.

• (7) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

• (8) In this Act—

• “the licensing authority” means the local housing authority for a district designated for the purposes of licensing regulations;

• “licensing regulations” means regulations under subsection (1) or (3).

Further provision about licensing regulations

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• (1) Licensing regulations may include—

• (a) provision about how a district is to be designated for the purposes of the regulations, and the duration, review and revocation of a designation;

• (b) provision about how an application for a licence is to be made, and the circumstances in which a licence may be granted, varied or revoked;

• (c) provision about conditions that may be attached to a licence;

• (d) provision about the enforcement of the regulations and of the conditions attached to licences, including provision creating criminal offences punishable with a fine;

• (e) provision about other consequences of compliance or non-compliance with the regulations or with conditions attached to licences;

• (f) provision about exemptions from requirements that would otherwise be imposed under or by virtue of the regulations;

• (g) provision requiring or permitting the licensing authority to charge fees sufficient to meet the costs of performing any of the authority’s functions under or by virtue of the regulations;

• (h) provision conferring a discretion on the licensing authority;

• (i) provision about appeals against decisions made by the licensing authority;

• (j) any other provision corresponding or similar to any provision relating to licences contained in Part 2 of the Housing Act 2004 (licensing of houses in multiple occupation) or Part 3 of that Act (licensing of other residential accommodation).

• (2) The provision that may be made by virtue of subsection (1)(b) includes—

• (a) provision requiring an application for a licence to be refused unless the licensing authority is satisfied that the applicant is a fit and proper person to be a person having control of, or managing, the accommodation to which the licence relates;

• (b) provision requiring a licence to be revoked if the licensing authority ceases to be so satisfied.

• (3) The conditions that may be attached to a licence by virtue of subsection (1)(c) include—

• (a) conditions relating to the standard of accommodation;

• (b) conditions relating to the use of accommodation;

• (c) conditions requiring the carrying out of assessments of the needs of residents (or potential residents) and relating to the conduct of such assessments;

• (d) conditions relating to the provision of care, support or supervision;

• (e) conditions requiring compliance with National Supported Housing Standards (whenever published).

• (4) The provision that may be made by virtue of subsection (1)(d) includes provision for an offence under the regulations to be—

• (a) a relevant housing offence for the purposes of section 249A of the Housing Act 2004 (financial penalties for certain housing offences in England);

• (b) a banning order offence for the purposes of Chapters 2 and 3 of Part 2 of the Housing and Planning Act 2016 (banning orders and database of rogue landlords etc);

• (c) an offence to which Chapter 4 of that Part of that Act (rent repayment orders) applies.

• (5) The provision that may be made by virtue of subsection (1)(e) includes provision—

• (a) disapplying any requirement relating to licences imposed by or under Part 2 of the Housing Act 2004 (licensing of houses in multiple occupation) or Part 3 of that Act (licensing of other residential accommodation),

• (b) removing or restricting an entitlement to housing benefit, or

• (c) limiting the rent that may be determined under section 14 of the Housing Act 1988 (determination of rent by tribunal) in respect of such accommodation.

• (6) Subsection (5)(b) is without prejudice to any other power to make subordinate legislation relating to housing benefit.

• (7) Licensing regulations may—

• (a) amend, repeal or revoke any enactment;

• (b) make different provision for different purposes or different areas;

• (c) make supplementary, incidental, consequential, transitional or saving provision.

Consultation

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• (1) The Secretary of State must consult the statutory consultees—

• (a) before first exercising the power in section 4(1) to make licensing regulations, and

• (b) before first exercising the power in section 4(3) to make licensing regulations.

• (2) The Secretary of State must, as part of a consultation under subsection (1)—