Social Housing (Regulation) Act 2023

The Regulator of Social Housing

Fundamental objectives

1

In section 92K of the Housing and Regeneration Act 2008 (fundamental objectives), in subsection (3)—

• (a) in paragraph (a), after “well-managed” insert “, safe, energy efficient”;

• (b) in paragraph (c), omit the final “and”;

• (c) after paragraph (c) insert—

(ca) to ensure that registered providers act in a transparent manner in relation to their tenants of social housing, and

.

Advisory panel

2

After section 96 of the Housing and Regeneration Act 2008 insert—

(96A) (1) The regulator must establish a panel of persons called “the Advisory Panel”. (2) The Panel may provide information and advice to the regulator about, or on matters connected with, the regulator’s functions (whether or not it is requested to do so by the regulator). (3) The reference in subsection (2) to matters connected with the regulator’s functions includes anything which could have a significant impact on registered providers or the provision of social housing. (4) The regulator must appoint the following persons to the Panel— (a) persons appearing to the regulator to represent the interests of— (i) registered providers; (ii) secured creditors of registered providers; (iii) tenants of social housing; (iv) local housing authorities, (b) the Greater London Authority, (c) the HCA, and (d) the Secretary of State. (5) The regulator may appoint such other persons to the Panel as it thinks fit to appoint. (6) The regulator may make payments to persons who are members of the Panel in respect of any expenses they incur in connection with their appointment to the Panel. (7) The regulator must make arrangements requiring any person who is a member of the Panel to declare any financial or other personal interest relevant to the regulator’s functions.

Collection of information

3

• (1) The Housing and Regeneration Act 2008 is amended as follows.

• (2) In section 107 (collection)—

• (a) for subsection (1) substitute—

(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.

;

• (b) omit subsection (2);

• (c) before subsection (3), insert—

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

;

• (d) in subsection (3)—

• (i) in the opening words, after “requirement” insert “under subsection (1)”;

• (ii) in paragraph (a), for “document or information” substitute “document, information or an explanation”;

• (e) in subsection (4), for “documents or information” substitute “documents, information or explanations”;

• (f) after subsection (4) insert—

(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.

;

• (g) in subsection (5), after “requirement” insert “under subsection (1)”;

• (h) in subsection (6), for “to which a requirement relates” substitute “required under subsection (1)”;

• (i) after subsection (6) insert—

(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.

;

• (j) in subsection (7), after “requirement” insert “under subsection (1)”.

• (3) In section 108 (section 107: supplemental)—

• (a) in subsection (1), after “requirement” insert “under section 107(1)”;

• (b) for subsection (2) substitute—

(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, (c) an associate of a registered provider, or (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.

;

• (c) in subsection (3), omit the words from “not” to the end;

• (d) in subsection (4)—

• (i) in the words before paragraph (a), after “107(6)” insert “or (6A)”;

• (ii) in paragraph (a) omit the words from “not” to the end;

• (e) in subsection (5), for “or (6)” substitute “, (6) or (6A)”.

Power to charge fees

4

• (1) Section 117 of the Housing and Regeneration Act 2008 (fees) is amended as set out in subsections (2) to (6).

• (2) In subsection (1)(a), after “fee” insert “for dealing with an application”.

• (3) After subsection (1) insert—

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

• (4) In subsection (2) omit “initial or”.

• (5) After subsection (4) insert—

(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.

• (6) In subsection (5)—

• (a) in paragraph (a), for “expenditure on” substitute “the costs incurred in”;

• (b) omit paragraph (b) (but not the “and” following it);

• (c) in paragraph (c), for “to which it relates” substitute “incurred, or likely to be incurred, in the performance of the regulator’s functions”.

• (7) In section 202 of the Housing and Regeneration Act 2008 (inspections: supplemental) omit subsections (4) to (7).

Relationship between regulator and housing ombudsman

5

• (1) The Housing and Regeneration Act 2008 is amended as set out in subsections (2) to (5).

• (2) After section 100G insert—

(100H) (1) The regulator and a housing ombudsman must each take such steps as it considers appropriate to co-operate in the exercise of their respective functions. (2) The regulator and a housing ombudsman must prepare and maintain a memorandum describing how they intend to comply with subsection (1). (3) The regulator and a housing ombudsman must ensure that the memorandum between them as currently in force is published in the way appearing to them to be best calculated to bring it to the attention of the public.

• (3) In section 196 (consultation), in subsection (1), after paragraph (ea) insert—

(eb) any housing ombudsman,

.

• (4) In section 197 (direction by Secretary of State), in subsection (4), after paragraph (aa) insert—

(ab) any housing ombudsman,

.

• (5) In section 275 (general interpretation), after the entry relating to the HCA insert—

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

.

• (6) In Schedule 2 to the Housing Act 1996 (social rented sector: housing complaints), in paragraph 3 (approval of scheme etc), in sub-paragraph (1), for the words from “shall be made” to the end substitute—

(a) may only be made after the applicant has consulted the Regulator of Social Housing, (b) shall be made in such manner as the Secretary of State may determine, and (c) shall be accompanied by such information as the Secretary of State may require.

Registration of providers of social housing

Meaning of “English body”

6

In section 79 of the Housing and Regeneration Act 2008 (English bodies), in subsection (1)—

• (a) after paragraph (c) insert

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

;

• (b) omit paragraphs (d) and (e).

Registration criteria

7

In section 112 of the Housing and Regeneration Act 2008 (eligibility for voluntary registration), in subsection (3)—

• (a) in the opening words omit “as to”;

• (b) in paragraph (a), at the beginning insert “as to”;

• (c) in paragraph (b)—

• (i) at the beginning insert “as to”;

• (ii) omit “and”;

• (d) in paragraph (c)—

• (i) at the beginning insert “as to”;

• (ii) at the end insert

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

Designation

8

Section 115 of the Housing and Regeneration Act 2008 (profit-making and non-profit organisations) is amended as follows—

• (a) omit subsection (2);

• (b) for subsection (3) substitute—

(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.

;

• (c) in subsection (4)—

• (i) in paragraph (a), omit “or”;

• (ii) omit paragraph (b);

• (d) after subsection (6) insert—

(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).

;

• (e) in subsection (8) omit “(2) or”.

De-registration

9

In section 118 of the Housing and Regeneration Act 2008 (compulsory de-registration), in subsection (1), after paragraph (a) insert—

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

.

Duties of registered providers

Appointment of health and safety lead by registered provider

10

• (1) The Housing and Regeneration Act 2008 is amended as follows.

• (2) Before section 127 (and the heading immediately before it) insert—

(126A) (1) A registered provider must designate an individual to carry out the functions in section 126B. (2) The individual designated under subsection (1) is referred to in this Part as the “health and safety lead” for the registered provider. (3) The health and safety lead must be— (a) in the case of a private registered provider— (i) if the provider has at least 15 employees, an employee of the provider; (ii) otherwise, an employee or officer of the provider; (b) in the case of a local authority which operates executive arrangements and has a leader and cabinet executive (England)— (i) the executive leader, (ii) another member of the executive, or (iii) an employee of the authority; (c) in the case of a local authority which operates executive arrangements and has a mayor and cabinet executive— (i) a member of the executive other than the elected mayor, or (ii) an employee of the authority; (d) in the case of the Common Council of the City of London, an employee of the Common Council; (e) in the case of any other local authority— (i) the chairman or vice-chairman of the authority (if holding a paid office), or (ii) an employee of the authority. (4) In this section and section 126B, the following terms have the same meanings as in Part 1A of the Local Government Act 2000 (and see the provisions of that Act mentioned)— - “elected mayor” (section 9H(1)); - “executive” (section 9C); - “executive arrangements” (section 9B(4)); - “executive leader” (section 9C(3)(a)); - “leader and cabinet executive (England)” (section 9C(3)); - “mayor and cabinet executive” (section 9C(2)). (5) For the purposes of subsection (3)(e)(i)— (a) the references to the chairman and vice-chairman of an authority are to those persons elected under section 3 or 5 of the Local Government Act 1972 (or in relation to a London borough council are to be read in accordance with section 270(4) of that Act); (b) a chairman or vice-chairman holds a “paid office” if the council pays the person an allowance. (6) The Secretary of State may by regulations amend this section to alter who may be the health and safety lead for a registered provider. (126B) (1) The functions of the health and safety lead for a registered provider are to— (a) monitor the provider’s compliance with health and safety requirements; (b) assess risks of failure to comply with health and safety requirements; (c) notify the responsible body of the provider of— (i) risks assessed under paragraph (b) of material failures by the provider to comply with health and safety requirements; (ii) material failures by the provider to comply with health and safety requirements; (d) provide advice to the responsible body as to how the provider should address risks and failures notified to the responsible body under paragraph (c) for the purpose of ensuring that the provider complies with health and safety requirements. (2) In this Part, “health and safety requirement”, in relation to a registered provider, means a statutory requirement, so far as it— (a) relates to the health or safety of tenants of social housing, and (b) applies to the provider by virtue of being the provider of that social housing (including where it is expressed as applying to a landlord or employer or in some other way). (3) In this section, “statutory requirement” means a requirement imposed by or by virtue of legislation and includes— (a) an obligation under a covenant implied by or under legislation (such as a covenant under section 9A of the Landlord and Tenant Act 1985 (fitness for human habitation of dwellings in England)); (b) a requirement imposed— (i) by a notice given under legislation, or (ii) by or as a result of other action (such as enforcement action mentioned in section 5(2) or 7(2) of the Housing Act 2004 (housing conditions: category 1 and 2 hazards)) taken under legislation. (4) In subsection (3), “legislation” means any provision of or made under— (a) an Act of Parliament, or (b) a Measure or Act of Senedd Cymru. (5) For the purposes of this section, the “responsible body” of a registered provider— (a) in the case of a local authority which operates executive arrangements, is the executive; (b) in the case of any other local authority, is the councillors; (c) in the case of a private registered provider, has the meaning given by the following table—

Private registered provider	Meaning of “responsible body”
Registered charity which is not a registered company	Its charity trustees within the meaning given by section 177 of the Charities Act 2011
Registered society	Its committee within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014
Registered company	Its directors within the meaning given by section 250 of the Companies Act 2006
Limited liability partnership	Its members

(See section [126A](#p00847)[(4)](#p00918) for the meanings of terms used in paragraph [(a)](#p01041).)

(126C) (1) A registered provider must— (a) ensure that the health and safety lead— (i) has sufficient authority (including, in particular, authority to obtain information) within the provider’s organisation, and (ii) can devote sufficient time to the functions of the health and safety lead, to perform the role of health and safety lead effectively; (b) provide the health and safety lead with the resources needed to carry out those functions. (2) A registered provider must, in accordance with requirements published by the regulator— (a) notify the regulator of the name and contact details of the health and safety lead, and (b) publish that information. (126D) (1) Nothing in sections 126A to 126C affects— (a) the responsibility of a registered provider for compliance with health and safety requirements, or (b) the liability of the registered provider or of any director, member or other officer or person for a failure to comply with health and safety requirements. (2) The health and safety lead is not, by virtue of those sections— (a) responsible for the registered provider’s compliance with health and safety requirements, or (b) liable for a failure by the registered provider to comply with health and safety requirements, (but this does not affect any responsibility or liability which the individual designated under section 126A has otherwise than as health and safety lead). (3) A registered provider may nominate an individual to carry out the functions of the health and safety lead if the health and safety lead is unable to act due to absence or illness.

• (3) In section 220 (grounds for giving enforcement notice), at the appropriate place insert—