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Social Housing (Regulation) Act 2023

Type Public General Act
Publication 2023-07-20
Last updated 2024-04-01
State In force
Department Statute Law Database
Source legislation.gov.uk
articles Not indexed
Reform history JSON API

(225A) This group of sections gives the regulator power to authorise persons to enter premises to take specified action to remedy specified failures on the part of registered providers. (225B) (1) If the conditions in subsections (2) to (4) are met, the regulator may arrange for an authorised person to take emergency remedial action in respect of premises. (2) Condition 1 is that a survey of the condition of the premises has been carried out under section 199. (3) Condition 2 is that the regulator is satisfied that— (a) the registered provider has failed to maintain the premises in accordance with standards under section 193, and (b) that failure has caused an imminent risk of serious harm to the health or safety of the occupiers of those or other premises. (4) Condition 3 is that the registered provider has failed to comply with an enforcement notice requiring it to take action to address the failure mentioned in subsection (3)(a). (5) In this section and in sections 225C to 225G, “emergency remedial action”, in relation to premises, is carrying out such works to the premises as the authorised person considers immediately necessary to remove the imminent risk of serious harm mentioned in subsection (3)(b). (6) In this section and in sections 225C to 225G, “authorised person” means a member of the regulator’s staff, or another person, authorised in writing by the regulator for the purposes of the section concerned. (7) Arrangements for a person other than a member of the regulator’s staff to take emergency remedial action may include provision about payments. (225C) (1) An authorised person may enter premises at any reasonable time, or times, to take emergency remedial action. (2) The power in subsection (1) may only be exercised if an authorised person has given a pre-entry notice to— (a) if the premises are occupied, the occupier (or any one of the occupiers), (b) if the premises include common parts of a building and there are occupied dwellings in the building that have use of those common parts, the occupier (or any one of the occupiers) of each of those dwellings, (c) the registered provider whose failure to maintain the premises has caused the imminent risk of serious harm, and (d) each person registered in the register kept under section 1 of the Land Registration Act 2002 as the proprietor of a registered estate (within the meaning of that Act) in the premises. (3) A pre-entry notice required by subsection (2) need only be given once in respect of emergency remedial action in relation to premises, even if an authorised person enters the premises on more than one occasion in order to take the emergency remedial action. (4) A “pre-entry notice” is a notice which— (a) identifies the premises to be entered; (b) identifies the failure to maintain the premises which has caused the imminent risk of serious harm; (c) states that a person authorised by the regulator intends to enter the premises; (d) specifies the date (or the first date) that the authorised person proposes to enter the premises to take emergency remedial action; (e) specifies the power under this section as the power under which the authorised person intends to enter the premises; (f) explains the effect of section 225H. (5) A pre-entry notice may state that, if entry to the premises were to be refused, an authorised person would propose to apply for a warrant under section 225E. (6) An authorised person may not enter premises in reliance on a pre-entry notice— (a) before the date (or the first date) specified in the notice, or (b) within 24 hours of giving the notice, except where the relevant person in respect of the notice consents. (7) In subsection (6), “the relevant person” in respect of the pre-entry notice means— (a) in the case of a pre-entry notice required by subsection (2)(a) or (b), the occupier (or any one of the occupiers) of the premises or dwelling; (b) in the case of a pre-entry notice required by subsection (2)(c) or (d), the person (or each person) to whom a pre-entry notice is required to be given. (8) In this section, “common parts”, in relation to a building, includes the structure and exterior of that building and any common facilities provided (whether or not in the building) for persons who occupy the building. (225D) (1) A pre-entry notice required by section 225C(2)(a) or (b) may be given by fixing it to some conspicuous part of the premises. (2) A pre-entry notice required by section 225C(2)(d) may be given by sending it to an address supplied for the purpose of service of notice under the Land Registration Act 2002 (see paragraph 5 of Schedule 10 to that Act). (3) An authorised person who under section 225C has entered, or who is seeking to enter, premises to take emergency remedial action must produce a copy of the authorisation mentioned in 225B(6) on request by an occupier. (4) An authorised person entering premises to take emergency remedial action may— (a) be accompanied by such other persons, and (b) take onto the premises such equipment or materials, as the authorised person thinks necessary for the purposes of taking the emergency remedial action. (5) Equipment or materials taken onto premises by virtue of subsection (4)(b) may be left in a place on the premises until the emergency remedial action has been taken provided that— (a) leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or (b) leaving the equipment or the materials on the premises is necessary for the purposes of taking the emergency remedial action and it is not possible to leave it or them in a place that does not significantly impair the ability of an occupier to use the premises. (6) Where the premises include common parts of a building (as defined in section 225C), references in subsection (5) to the ability of an occupier to use the premises include the ability of an occupier of a dwelling that has use of the common parts to use those parts or the dwelling. (225E) (1) This section applies where a justice of the peace is satisfied, on sworn information in writing by an authorised person, that entry to premises specified in the information is reasonably required to take emergency remedial action under section 225B. (2) The justice may issue a warrant authorising the authorised person who is named in it to enter the premises to take emergency remedial action where the justice is satisfied that— (a) entry to the premises has been sought under section 225C but has been refused, (b) the premises are unoccupied or that the occupier is temporarily absent, or (c) there are reasonable grounds to believe that the authorised person will not be able to obtain entry to the premises without a warrant. (3) A warrant under this section authorises the authorised person to enter the premises at any reasonable time, or times, using reasonable force if necessary. (4) A warrant under this section authorises an authorised person entering premises to take onto the premises such equipment or materials as the authorised person thinks necessary for the purposes of taking the emergency remedial action. (5) Equipment or materials taken onto premises by virtue of subsection (4) may be left in a place on the premises until the emergency remedial action has been taken provided that— (a) leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or (b) leaving the equipment or the materials on the premises is necessary for the purposes of taking the emergency remedial action and it is not possible to leave it or them in a place that does not significantly impair the ability of an occupier to use the premises. (6) Where the premises include common parts of a building (as defined in section 225C), references in subsection (5) to the ability of an occupier to use the premises include the ability of an occupier of a dwelling that has use of the common parts to use those parts or the dwelling. (7) A warrant under this section may authorise persons (“accompanying persons”) to accompany the authorised person. (8) Accompanying persons— (a) have the same powers as the authorised person in respect of execution of the warrant, but (b) must exercise those powers only in the company, and under the supervision, of the authorised person. (9) An authorised person who has entered, or who is seeking to enter, premises under a warrant under this section must produce on request by any person— (a) a copy of the warrant; (b) a copy of the authorisation mentioned in 225B(6). (10) A warrant under this section continues in force until the emergency remedial action has been taken. (11) If the premises are unoccupied or the occupier is temporarily absent, the authorised person who has entered the premises under a warrant under this section must leave the premises as effectively secured against trespassers as the authorised person found them. (225F) (1) A registered provider, or an officer of a registered provider, commits an offence if the provider or officer obstructs an authorised person— (a) in exercising a power under section 225C or 225D, or (b) in exercising a power under section 225B, where the authorised person has entered the premises to take emergency remedial action under the power in section 225C. (2) A person commits an offence if the person obstructs an authorised person— (a) in exercising a power conferred by a warrant under section 225E, or (b) in exercising a power under section 225B, where the authorised person has entered the premises to take emergency remedial action under a warrant under section 225E. (3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale. (4) Proceedings for an offence under this section may be brought only by or with the consent of— (a) the regulator, or (b) the Director of Public Prosecutions. (225G) (1) Where the regulator makes arrangements under section 225B, the regulator may by notice require the registered provider concerned to pay to the regulator— (a) such relevant expenses as are specified in the notice; (b) interest on those expenses (see subsection (4)). (2) “Relevant expenses” are— (a) expenses reasonably incurred by the regulator— (i) in deciding whether to make arrangements under section 225B; (ii) in making those arrangements; (iii) in the authorised person taking emergency remedial action; (b) any costs reasonably incurred by the regulator related to the action in paragraph (a)(iii). (3) Sums mentioned in subsection (1)(a) are payable at the end of the period of 28 days beginning with the day on which the notice is given. (4) Interest may be charged on any sums not paid by the end of the period mentioned in subsection (3) at such reasonable rate as the regulator may determine. (225H) (1) A registered provider may appeal to the High Court against— (a) a decision of the regulator to make arrangements under section 225B(1); (b) a decision of the regulator to give a notice under section 225G(1). (2) An appeal under subsection (1)(a) must be brought within the period of 28 days beginning— (a) with the day on which the registered provider is given the pre-entry notice under section 225C(2), or (b) with the day on which the premises were first entered under a warrant obtained under section 225E on the grounds in subsection (2)(b) or (c) of that section. (3) An appeal under subsection (1)(b) must be brought within the period of 28 days beginning with the day on which the registered provider is given the notice under section 225G(1). (4) No question may be raised on an appeal under subsection (1)(b) which might have been raised on an appeal under subsection (1)(a). (5) Where an appeal under subsection (1)(b) is brought— (a) the requirement to pay the sums described in section 225G(1)(a) is suspended during the period beginning with the day on which the notice under section 225G(1) is given and ending with the day on which the appeal is finally determined or withdrawn, and (b) no interest is payable by virtue of section 225G(1)(b) in respect of that period.

Extension of powers to charities who have not received public assistance

33

In the Housing and Regeneration Act 2008 omit—

  • (a) section 209(1) (inquiries);
  • (b) section 256(7) (orders restricting dealings during inquiry);
  • (c) section 257(5) (orders restricting dealings following inquiry);
  • (d) section 259(5) (orders suspending officers etc during inquiry);
  • (e) section 260(4) (orders removing or suspending officers etc following inquiry);
  • (f) section 267(2) (orders removing officers);
  • (g) section 269(6)(a), including the final “and” (orders appointing new officers).

Notification of Charity Commission of exercise of enforcement powers

34
  • (1) The Housing and Regeneration Act 2008 is amended as follows.
  • (2) In section 256 (restrictions on dealings during inquiry), after subsection (6) insert—

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

  • (3) In section 257 (restrictions on dealings following inquiry), after subsection (4) insert—

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

  • (4) In section 267 (supplemental provision about removal of officers), after subsection (1A) (inserted by paragraph 17 of Schedule 4) insert—

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

  • (5) In section 269 (appointment of new officers), in subsection (6)(b), for “consulted the Charity Commission” substitute “notified the Charity Commission of its intention to do so”.

Exercise of powers: land with a Crown or Duchy interest

35

Before section 277 of the Housing and Regeneration Act 2008 (but after the heading before that section) insert—

(276A) (1) The powers in Chapters 6 and 7 are exercisable in relation to premises which are on land in which there is a Crown interest or a Duchy interest. (2) A “Crown interest” means— (a) an interest belonging to His Majesty in right of the Crown, or (b) an interest belonging to a government department or held in trust for His Majesty for the purposes of a government department. (3) A “Duchy interest” means an interest belonging to His Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall.

Regulatory and enforcement powers: further amendments

36

Schedule 3 makes further amendments to the regulatory and enforcement powers of the Regulator of Social Housing.

Social housing

Leaving the social housing stock: end of lease

37
  • (1) In section 74 of the Housing and Regeneration Act 2008 (leaving the social housing stock: ending of lease)—
  • (a) in the heading, for “expired” substitute “ending of”;
  • (b) in subsection (1)(b), for “expires” substitute “determines (whether by effluxion of time or in any other way)”;
  • (c) for subsection (2) substitute—

(2) But subsection (1) does not apply if, immediately before the leasehold interest determines, the lessor was— (a) an associate or subsidiary of the provider, or (b) a registered provider.

  • (2) The amendments in subsection (1) apply in relation to leases granted on or after 10 June 2022.

Meaning of “subsidiary”

Meaning of “subsidiary”

38
  • (1) In section 271 of the Housing and Regeneration Act 2008 (meaning of subsidiary and associate), for subsections (1) to (5) substitute—

(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.

  • (2) For the purposes of section 74 of the Housing and Regeneration Act 2008, the amendment in subsection (1) applies in relation to leases granted on or after 10 June 2022.

Appeals

Appeals

39

Schedule 4 makes provision about appeals under the Housing and Regeneration Act 2008.

Housing ombudsman

Housing ombudsman scheme

40
  • (1) Schedule 2 to the Housing Act 1996 (social rented sector: housing complaints) is amended as follows.
  • (2) In paragraph 2, in sub-paragraph (1), after item 11 insert—

(11A) A power of the housing ombudsman to issue a code of practice about the procedures members of the scheme should have in place for considering complaints against them. (11B) A duty of the housing ombudsman to consult— (a) the Regulator of Social Housing, (b) members of the scheme, and (c) individuals who may make complaints under the scheme, before issuing, revising or replacing any such code. (11C) A duty of the housing ombudsman to monitor compliance with a code of practice described in item 11A that it has issued.

  • (3) In paragraph 2, in sub-paragraph (1), in item 15, for “expenses of the scheme” substitute “costs of the person administering the scheme and the scheme’s housing ombudsman”.
  • (4) In paragraph 7, after sub-paragraph (2) insert—

(2A) Sub-paragraph (2B) applies where during an investigation of a complaint against a member of the scheme, a housing ombudsman identifies that the member’s policies or practices in relation to a matter may give rise to further complaints about that matter. (2B) The housing ombudsman may, in the ombudsman’s determination of the complaint, order the member to review their policy or practice on that matter.

  • (5) In paragraph 11—
  • (a) after sub-paragraph (1) insert—

(1ZA) The amount of a subscription payable by a member may be calculated by reference to costs incurred, or likely to be incurred, by the person administering the scheme and the scheme’s housing ombudsman in carrying out any of their functions, including costs unconnected with the member and costs unconnected with the operation of the scheme.

;

  • (b) in sub-paragraph (1B), for “expenses”, in both places, substitute “costs”;
  • (c) in sub-paragraph (1C)—
  • (i) for “expenses”, in the first place it occurs, substitute “costs”;
  • (ii) for “expenses of the scheme” substitute “costs”.

Power of housing ombudsman to issue guidance to scheme members

41
  • (1) The Housing Act 1996 is amended as follows.
  • (2) In the italic heading before section 51, for “complaints” substitute “ombudsman”.
  • (3) After section 51 insert—

(51ZA) (1) This section applies where a scheme is approved by the Secretary of State under Schedule 2. (2) The housing ombudsman may issue to the members of the scheme guidance as to good practice in the carrying on of housing activities covered by the scheme. (3) Before issuing, revising or replacing guidance under this section, the housing ombudsman must consult— (a) the Regulator of Social Housing, (b) members of the scheme, and (c) individuals who may make complaints under the scheme. (4) If the housing ombudsman issues, revises or replaces guidance under this section, the housing ombudsman must publish the guidance, the revised guidance or (as the case may be) the replacement guidance. (5) Subsection (7) applies if— (a) an individual makes a complaint against a member of the scheme, (b) the complaint is made under the scheme or the conditions in subsection (6) are met in relation to the complaint, and (c) it appears to the housing ombudsman that the complaint relates to a matter to which guidance issued by the ombudsman under this section relates. (6) The conditions referred to in subsection (5)(b) are that— (a) the complaint is made to the member of the scheme, (b) the complaint is one that the individual could subsequently make under the scheme, and (c) the individual has notified the ombudsman about the complaint. (7) The housing ombudsman may order the member of the scheme to— (a) assess whether the member’s policies and practices in relation to the matter mentioned in subsection (5)(c) are consistent with the guidance issued by the ombudsman under this section in relation to that matter, and (b) within a period specified in the order, submit to the ombudsman a written statement of the results of the assessment. (8) If a member of the scheme fails to comply with an order under subsection (7) within the period specified in the order, the housing ombudsman may order the member to publish in such manner as the ombudsman sees fit a statement that the member has failed to comply with the order. (9) If a member of the scheme fails to comply with an order under subsection (8), the housing ombudsman may— (a) take such steps as the ombudsman considers appropriate to publish what the member ought to have published, and (b) recover from the member the costs of doing so. (10) In this section, “the housing ombudsman” means the housing ombudsman appointed in accordance with the scheme.

Social housing leases: remedying hazards

Social housing leases: remedying hazards

42

After section 10 of the Landlord and Tenant Act 1985 insert—

(10A) (1) This section applies to a lease of a dwelling if— (a) the dwelling is in England, (b) the lease is a relevant social housing lease, and (c) section 9A— (i) applies to the lease (see section 9B), or (ii) would apply to the lease if the provision in section 9B(3) did not exist. (2) There is implied in the lease a covenant by the lessor that the lessor will comply with all prescribed requirements that are applicable to that lease. (3) The Secretary of State must make regulations which require the lessor under a lease to which this section applies to take action, in relation to prescribed hazards which affect or may affect the leased dwelling, within the period or periods specified in the regulations. (4) Regulations under subsection (3) are enforceable against lessors only through actions for breach of the covenant that is implied by subsection (2). (5) In any proceedings for a breach of the covenant that is implied by subsection (2), it is a defence for the lessor to prove that the lessor used all reasonable endeavours to avoid that breach. (6) For the purposes of this section a lease is a “relevant social housing lease” at any time when— (a) the lessor under the lease is a registered provider of social housing, and (b) the dwelling leased under the lease— (i) is social housing, but (ii) is not low cost home ownership accommodation. (7) In this section and section 10B— - “lease”, “lessor” and “lessee” have the same meanings as in section 9A (see section 9A(9)); - “low cost home ownership accommodation” has the meaning given in section 70 of the Housing and Regeneration Act 2008; - “prescribed hazard” has the same meaning as in section 10 (see section 10(2) and (3)); - “prescribed requirement” means a requirement prescribed in regulations under subsection (3); - “social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008 (see sections 68 and 72 of that Act). (10B) (1) Regulations under section 10A(3) may apply to— (a) leases granted before the day when section 42 of the Social Housing (Regulation) Act 2023 came into force; (b) prescribed hazards which began before that day; (c) only some descriptions of prescribed hazards. (2) Regulations under section 10A(3) may— (a) specify a period that is not of a specific duration (for example a reasonable or appropriate period, including a period decided by the lessor or another person); (b) specify two (or more) periods in relation to particular action. (3) Regulations under section 10A(3) may (in particular)— (a) require the lessor to take particular action, or action that is intended to produce a particular outcome, in relation to a prescribed hazard; (b) require the lessor to take action in relation to a prescribed hazard that is not of itself intended to remedy the hazard, for example by requiring the lessor— (i) to investigate whether or how a prescribed hazard is affecting the leased dwelling, or (ii) to secure that the lessee and any other members of the lessee’s household are provided with alternative accommodation at no cost to them; (c) require the lessor to take action in relation to a prescribed hazard only— (i) in particular circumstances, or (ii) if particular conditions are met; (d) provide that the lessor is not required to take action in relation to a prescribed hazard— (i) in particular circumstances, or (ii) if particular conditions are met. (4) The Secretary of State may by regulations— (a) provide for section 10A not to apply to particular descriptions of leases; (b) make provision, in relation to the covenant that is implied by section 10A(2), which corresponds to any provision made by section 9A(4) to (8). (5) A power to make regulations under section 10A or this section includes power to make— (a) incidental, transitional or saving provision; (b) different provision for different purposes. (6) The power to make transitional or saving provision may (in particular) be used to make provision about situations where the covenant in section 10A(2)— (a) begins to be implied in a lease after its grant because it becomes a relevant social housing lease; (b) ceases to be implied in a lease because it ceases to be a relevant social housing lease (including provision to save the lessor’s liability for any breach of the covenant occurring before it ceases to be implied). (7) Regulations under section 10A or this section are to be made by statutory instrument. (8) A statutory instrument containing regulations under section 10A or this section may not be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

General

Minor and consequential amendments

43

Schedule 5 contains minor and consequential amendments.

Power to make consequential provision

44
  • (1) The Secretary of State may by regulations make provision that is consequential on this Act.
  • (2) Regulations under this section may amend, repeal or revoke provision made by or under an Act passed—
  • (a) before this Act, or
  • (b) later in the same session of Parliament as this Act.
  • (3) Regulations under this section—
  • (a) are to be made by statutory instrument;
  • (b) may include different provision for different purposes.
  • (4) A statutory instrument containing (whether alone or with other provision) regulations under this section that amend or repeal provision made by an Act may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
  • (5) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Extent

45
  • (1) This Act extends to England and Wales only, subject to subsections (2) and (3).
  • (2) Section 44, this section and sections 46 and 47 extend to England and Wales, Scotland and Northern Ireland.
  • (3) An amendment or repeal has the same extent as the provision amended or repealed.

Commencement

46
  • (1) The following come into force on the day this Act is passed—
  • (a) section 11;
  • (b) sections 44 and 45;
  • (c) this section;
  • (d) section 47.
  • (2) Sections 25, 40 and 41 come into force at the end of the period of two months beginning with the day on which this Act is passed.
  • (3) The other provisions of this Act come into force on such day or days as the Secretary of State may by regulations appoint.
  • (4) The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.
  • (5) The power to make regulations under subsection (4) includes power to make different provision for different purposes.
  • (6) Regulations under this section are to be made by statutory instrument.

Short title

47

This Act may be cited as the Social Housing (Regulation) Act 2023.

Schedule 1

Part 1 — Amendments of the Housing and Planning Act 2016

Introductory

1

The Housing and Planning Act 2016 is amended as set out in paragraphs 2 to 9.

Extension of housing administration regime

2

In section 95 (housing administration orders), in subsection (1), after paragraph (a)(i) insert—

(ia) a limited liability partnership,

.

3

In section 100 (powers of court: meaning of “relevant officer”), in subsection (7), after paragraph (a) insert—

(aa) in relation to a limited liability partnership, means a member of the partnership,

.

Restrictions on insolvency procedures

4

In section 102 (power to make regulations applying etc insolvency legislation), in subsections (2) and (3), after “relation to” insert “a limited liability partnership,”.

5

In section 104 (winding-up orders), after subsection (1)(a) insert—

(aa) a limited liability partnership,

.

6

In section 105 (voluntary winding up), in subsection (1), after paragraph (a), insert—

(aa) a limited liability partnership,

.

7

In section 106 (ordinary administration orders)—

  • (a) in subsection (1), in paragraph (a), omit the final “or”;
  • (b) after that paragraph insert—

(aa) a limited liability partnership, or

.

8

In section 107 (administrator appointments by creditors)—

  • (a) in subsection (1), in paragraph (a), omit the final “or”;
  • (b) after that paragraph insert—

(aa) a limited liability partnership, or

.

Interpretation

9

In section 116 (interpretation of Chapter 5 of Part 2)—

  • (a) in subsection (1), in the definition of “the court”, after “company”, in each place it occurs, insert “, limited liability partnership”;
  • (b) in subsection (7), after paragraph (a) insert—

(aa) in relation to a limited liability partnership, are to that provision as it applies to limited liability partnerships otherwise than by virtue of regulations under section 102 (if at all),

.

Part 2 — Amendments of the Housing and Regeneration Act 2008

Introductory

10

The Housing and Regeneration Act 2008 is amended as set out in paragraphs 11 to 20.

Notice of registration or de-registration

11

In section 120 (notice), in subsection (1)(c), after “charity)” insert “or a limited liability partnership”.

Accounts

12
  • (1) Section 129 (companies exempt from audit) is amended as follows.
  • (2) In the heading, after “companies” insert “or limited liability partnerships”.
  • (3) In subsection (1)(a), after “charity” insert “or is a limited liability partnership”.
  • (4) In subsection (2)—
  • (a) after “directors of the company” insert “or members of the limited liability partnership”;
  • (b) for “company’s”, in both places, substitute “registered provider’s”;
  • (c) for “which the company” substitute “which the registered provider”.
  • (5) In subsection (3), for “has the same meaning as in” substitute “means accounts prepared in accordance with”.
13
  • (1) Section 130 (exempt companies: accountant’s report) is amended as follows.
  • (2) In the heading, after “companies” insert “or limited liability partnerships”.
  • (3) In subsection (2), for “company’s” substitute “registered provider’s”.
  • (4) In subsection (3)(b), for “company” substitute “registered provider”.
  • (5) For subsection (6) substitute—

(6) In this section and sections 131 and 132— - “firm” means any entity, whether or not a legal person, that is not an individual and includes a body corporate, a corporation sole and a partnership or other unincorporated association; - “body corporate” includes a body incorporated outside the United Kingdom.

14

In section 131 (exempt companies: reporting accountant)—

  • (a) in the heading, after “companies” insert “or limited liability partnerships”;
  • (b) in subsection (1), for “company”, in both places, substitute “registered provider”.
15
  • (1) Section 132 (application of Companies Act) is amended as follows.
  • (2) In subsection (1)—
  • (a) for “company” substitute “registered provider”;
  • (b) for “company’s” substitute “registered provider’s”.
  • (3) In subsection (2)(e)—
  • (a) for “454(4)(b)” substitute “454”;
  • (b) for the words from “provision” to the end substitute “section (revised accounts and reports),”.
16

In section 133 (exempt companies: extraordinary audit)—

  • (a) in the heading, after “companies” insert “or limited liability partnerships”;
  • (b) in subsections (1), (2) and (4), for “company”, in each place, substitute “registered provider”.
17

In section 141 (offences), in subsection (6), omit the words from “not” to the end.

Moratorium on disposal of land

18

In section 154 (implementation of regulator’s proposals), in subsection (2), after paragraph (aa) insert—

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

.

Arrangements and reconstructions

19

In section 160 (arrangements and reconstructions)—

  • (a) in the heading, after “company” insert “and limited liability partnership”;
  • (b) in subsection (1), after “company” insert “or a limited liability partnership”.

Meaning of “officer”

20

In section 270 (meaning of “officer” of a private registered provider), in the Table, after the entry relating to “Registered company” insert—

Limited liability partnership A member of the limited liability partnership

.

Schedule 2

1

The Housing and Planning Act 2016 is amended as follows.

2

In section 104 (winding-up orders), after subsection (2) insert—

(2A) A notice under subsection (2) must— (a) be given in writing, (b) be signed by, or on behalf of, the petitioner, (c) specify the date the petition was presented, and (d) contain a copy of the petition. (2B) Subsection (2C) applies if a person gives a notice purporting to be a notice under subsection (2) but which does not meet the requirements of any (or all) of paragraphs (b), (c) or (d) of subsection (2A). (2C) The Regulator of Social Housing may, by notice in writing to the petitioner, treat the purported notice as notice given under subsection (2)(a) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).

3

In section 105 (voluntary winding up), after subsection (4) insert—

(4A) A notice under subsection (4) must— (a) be given in writing, (b) be signed by, or on behalf of, the registered provider, (c) specify the date the application was made, and (d) contain a copy of the application. (4B) Subsection (4C) applies if a person gives a notice purporting to be a notice under subsection (4) but which does not meet the requirements of any (or all) of paragraphs (b), (c) or (d) of subsection (4A). (4C) The Regulator of Social Housing may, by notice in writing to the registered provider, treat the purported notice as notice given under subsection (4)(a) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).

4

In section 106 (ordinary administration orders), after subsection (3) insert—

(3A) A notice under subsection (3) must— (a) be given in writing, (b) be signed by, or on behalf of, the person who made the ordinary administration application, (c) specify the date the application was made, and (d) contain a copy of the application. (3B) Subsection (3C) applies if a person gives a notice purporting to be a notice under subsection (3) but which does not meet the requirements of any (or all) of paragraphs (b), (c) or (d) of subsection (3A). (3C) The Regulator of Social Housing may, by notice in writing to the person who made the ordinary administration application, treat the purported notice as notice given under subsection (3)(a)(i) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).

5

In section 107 (appointment of administrator)—

  • (a) in the heading, after “creditors” insert “etc”;
  • (b) in subsection (4)(a)(i) omit the words from “, accompanied” to “1986”;
  • (c) after subsection (4) insert—

(4A) A notice under subsection (4) must— (a) be given in writing, (b) be signed by, or on behalf of, the person making the appointment, (c) specify the date the appointment was made, and (d) contain copies of every document in relation to the appointment that is filed or lodged with the court in accordance with paragraph 18 or 29 of Schedule B1 to the Insolvency Act 1986. (4B) Subsection (4C) applies if a person gives a notice purporting to be a notice under subsection (4) but which does not meet the requirements of any (or all) of paragraphs (b), (c) or (d) of subsection (4A). (4C) The Regulator of Social Housing may, by notice in writing to the person making the appointment, treat the purported notice as notice given under subsection (4)(a)(i) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).

;

  • (d) in subsection (5) omit “(and a copy of the accompanying documents)”.
6

In section 108 (enforcement of security)—

  • (a) in subsection (1), omit the words from “that” to the end;
  • (b) after subsection (2) insert—

(2A) A notice under subsection (2) must— (a) be given in writing, and (b) be signed by, or on behalf of, the person intending to enforce the security. (2B) Subsection (2C) applies if a person gives a notice purporting to be a notice under subsection (2) but which does not meet the requirement of paragraph (b) of subsection (2A). (2C) The Regulator of Social Housing may, by notice in writing to the person intending to enforce the security, treat the purported notice as notice given under subsection (2)(a) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).

;

  • (c) omit subsection (3);
  • (d) before subsection (4) insert—

(3A) In the case of a registered provider that is a charity registered under the Charities Act 2011 which is not a body corporate, the reference to the property of the registered provider is to the property held on the trusts of the charity (and for this purpose “trusts” has the same meaning as in the Charities Act 2011, see section 353 of that Act).

Schedule 3

1

The Housing and Regeneration Act 2008 is amended as follows.

2

In section 201 (inspections) omit subsections (2) and (2A).

3

In section 206 (inquiry)—

  • (a) for subsection (1) substitute—

(1) The regulator may hold an inquiry into the affairs of a registered provider if the regulator suspects that— (a) the affairs of the registered provider may have been mismanaged, (b) the registered provider has failed to meet a standard under section 193, 194 or 194C, or (c) there is a risk that, if no action is taken by the regulator or the registered provider, the registered provider will fail to meet a standard under section 193, 194 or 194C.

;

  • (b) in subsection (4)(a), for “, employees or consultants” substitute “or employees”;
  • (c) omit subsection (5).
4

In section 226 (overview of provisions on penalties) omit “private”.

5

In section 227 (grounds for imposition of penalty), in subsection (1), omit “private”.

6

In section 229 (amount of penalty)—

  • (a) in subsection (2), after “penalty” insert “that may be”;
  • (b) in that subsection, for “may not exceed £5,000” substitute “is unlimited”;
  • (c) omit subsection (3).
7

In section 249 (management transfer), in subsection (1)—

  • (a) in paragraph (a), omit “or”;
  • (b) at the end of paragraph (b) insert

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

8

In section 251 (appointment of manager of a private registered provider), in subsection (2), in both places, omit “an individual as”.

9

In section 252 (supplementary provisions about appointment of manager)—

  • (a) for subsection (2) substitute—

(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.

;

  • (b) after subsection (2) insert—

(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.

;

  • (c) omit subsection (3).
10

In section 252A (appointment of advisers to local authorities), in subsection (2)—

  • (a) in the words before paragraph (a), for “thinks” substitute “is satisfied”;
  • (b) at the end of paragraph (d) (inserted by section 10) insert—

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

.

11

In section 253 (transfer of land by private registered provider), in subsection (1)—

  • (a) in paragraph (a), omit “or”;
  • (b) at the end of paragraph (b) insert

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

12

In section 255 (amalgamation), in subsection (1)—

  • (a) in paragraph (a), omit “or”;
  • (b) at the end of paragraph (b) insert

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

13

In section 256 (restrictions on dealings during inquiry)—

  • (a) in subsection (1)(a), for “non-profit” substitute “private”;
  • (b) in subsection (3), for the words from “that” to the end substitute

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.

14

In section 257 (restrictions on dealings following inquiry), in subsection (1), for the words from “that” to the end substitute “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.”
15

In section 259 (suspension of officer etc during inquiry)—

  • (a) in subsection (1)(a), for “non-profit” substitute “private”;
  • (b) in subsection (1)(b), for “either” substitute “any”;
  • (c) in subsection (3), for the words from “that” to the end substitute

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.

;

  • (d) after subsection (3) insert—

(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.

;

  • (e) for subsection (4) substitute—

(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.

16

In section 260 (removal or suspension of officer etc following inquiry)—

  • (a) in subsection (1), for the words from “that” to the end substitute

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.

;

  • (b) in subsection (2), for the words from “who” to the end substitute

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.

17

In section 266 (removal of officers)—

  • (a) in subsection (1), for “non-profit” substitute “private”;
  • (b) after subsection (8) insert—

(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.

18

In section 269 (appointment of new officers)—

  • (a) in subsection (1), for “non-profit” substitute “private”;
  • (b) in subsection (1)(b), omit “or”;
  • (c) after subsection (1)(b) insert—

(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

;

  • (d) after subsection (1) insert—

(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; (c) in the case of a registered company, a director within the meaning given by section 250 of the Companies Act 2006.

;

  • (e) in subsection (4)(a)—
  • (i) leave out “on expiry”;
  • (ii) after “appointment” insert “(on any number of occasions)”.
19

In section 269A (local authorities: censure during or following inquiry)—

  • (a) in subsection (3), for the words from “that” to the end substitute

that— (a) the affairs of the authority have been mismanaged, or (b) the authority has failed to meet a standard under section 193, 194 or 194C.

;

  • (b) in subsection (4), for the words from “that” to the end substitute

that— (a) the affairs of the authority have been mismanaged, or (b) the authority has failed to meet a standard under section 193, 194 or 194C.

20

In section 269B (response to censure notice), in subsection (2)(c), after “mismanaged” insert “or it has failed to meet the standard (as the case may be).”

Schedule 4

1

The Housing and Regeneration Act 2008 is amended as follows.

2

In section 115 (profit-making and non-profit organisations), in subsection (9), at the end insert “and notify the body it has done so.”

3

In section 116 (voluntary registration), after subsection (2) insert—

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

4
  • (1) Section 118 (compulsory de-registration) is amended as follows.
  • (2) For subsection (2) substitute—

(2) Before acting under subsection (1)(a), (aa) or (b) the regulator must— (a) give the private registered provider a notice— (i) warning the provider that the regulator is considering action under the provision concerned, and (ii) specifying a period (which must be at least 14 days beginning with the day the provider receives the notice) within which the provider may make representations, and (b) consider any representations made during that period.

  • (3) For subsection (3) substitute—

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

5
  • (1) Section 121 (registration decisions: appeals) is amended as follows.
  • (2) In subsection (1)—
  • (a) in paragraph (b), after “it” insert “under section 118(1)”;
  • (b) in that paragraph, omit “or”;
  • (c) at the end of paragraph (c) insert—

(d) to designate it as a non-profit organisation or as a profit-making organisation (as the case may be), or (e) to change its registered designation.

  • (3) After subsection (1) insert—

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

  • (4) In subsection (2), for “while an appeal is pending” substitute “during the appeal period”.
  • (5) After subsection (2) insert—

(2A) The “appeal period” means— (a) where an appeal is brought, the period beginning with the day on which notice of the decision appealed against is given and ending with the day on which the appeal is finally determined or withdrawn, and (b) otherwise, the period during which an appeal could be brought. (2B) Subsections (1A) to (2A) do not apply to a decision of the regulator to de-register a body under section 118(1)(c).

6

In section 223 (enforcement notice: appeal)—

  • (a) the existing text becomes subsection (1);
  • (b) after that subsection insert—

(2) An appeal under this section must be brought within the period of 28 days beginning with the day on which the registered provider is given the enforcement notice.

7

In section 235 (penalty notice: appeals)—

  • (a) the existing text becomes subsection (1);
  • (b) after that subsection insert—

(2) An appeal under this section must be brought within the period of 28 days beginning with the day on which the registered provider is given the penalty notice. (3) The requirement to pay the penalty is suspended during the appeal period. (4) Regulations under section 234(2) may not authorise the regulator to— (a) charge interest in respect of the appeal period, or (b) impose additional penalties during that period. (5) The “appeal period” means— (a) where an appeal is brought, the period beginning with the day on which the penalty notice is given and ending with the day on which the appeal is finally determined or withdrawn, and (b) otherwise, the period during which an appeal could be brought.

8

In section 245 (compensation notice: appeals)—

  • (a) the existing text becomes subsection (1);
  • (b) after that subsection insert—

(2) An appeal under this section must be brought within the period of 28 days beginning with the day on which the registered provider is given the compensation notice. (3) The requirement to pay the compensation is suspended during the appeal period. (4) Regulations under section 244(2) may not authorise the regulator to— (a) award interest in respect of the appeal period, or (b) award additional compensation during that period. (5) The “appeal period” means— (a) where an appeal is brought, the period beginning with the day on which the compensation notice is given and ending with the day on which the appeal is finally determined or withdrawn, and (b) otherwise, the period during which an appeal could be brought.

9

In section 247 (management tender), in subsection (2), after “may” insert “by notice”.

10

In section 248 (management tender: procedure and appeals), after subsection (9) insert—

(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).

11

In section 249 (management transfer), in subsection (2), after “may” insert “by notice”.

12

In section 250 (management transfer: procedure and appeals), after subsection (9) insert—

(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).

13

In section 251 (appointment of manager), in subsection (2), after “may” insert “by notice to the registered provider”.

14

In section 252 (appointment of manager: procedure and appeals), after subsection (9) insert—

(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).

15

In section 259 (suspension of officer etc during inquiry), after subsection (7) insert—

(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.

16

In section 260 (removal or suspension of officer etc following inquiry), after subsection (5) insert—

(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.

17

In section 267 (removal of officers: supplemental), after subsection (1) insert—

(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.

18

In section 268 (removal or suspension of officer etc: appeals)—

  • (a) the existing text becomes subsection (1);
  • (b) after that subsection insert—

(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.

Schedule 5

Part 1 — Housing and Regeneration Act 2008

1

The Housing and Regeneration Act 2008 is amended as set out in paragraphs 2 to 46.

2

In section 60 (structural overview) omit subsection (4).

3

In section 74A (leaving the social housing stock: private providers), in subsection (1), in both places, omit “of social housing”.

4

In section 79 (English bodies), omit subsections (2) to (5).

5

In section 92K (fundamental objectives), in subsections (2)(a) and (3)(d), omit “of social housing”.

6

In section 96 (evidence), in paragraph (d), for “an ombudsman appointed by virtue of section 124” substitute “a housing ombudsman”.

7

In section 112 (eligibility for voluntary registration)—

  • (a) for subsection (1) substitute—

(1) A body is eligible for registration if— (a) it is an English body, and (b) it satisfies the following conditions.

;

  • (b) omit subsection (5).
8

Omit section 113.

9

In section 114 (registration of local authorities)—

  • (a) omit subsection (1);
  • (b) in subsection (2), after “require” insert “or permit”;
  • (c) in subsection (3)—
  • (i) at the end of paragraph (a) insert “and”;
  • (ii) in paragraph (b), omit “and”;
  • (iii) omit paragraph (c);
  • (d) in subsection (5)—
  • (i) omit paragraph (a);
  • (ii) in paragraph (b), omit “(1) or”.
10

In section 114A (local authorities: duty to notify), in subsection (1) omit “in England”.

11

In section 122 (payments to members etc), in subsection (6), for “registered company or registered society” substitute “registered provider”.

12

In section 135 (charity accounts), in subsection (1), omit “non-profit”.

13

In section 153 (moratorium: process for proposals)—

  • (a) in subsection (2)(a) omit “and its officers”;
  • (b) in subsection (6)(a) omit “and its officers”.
14

Before section 169A (but after the heading before that section) insert—

(169ZA) This group of sections does not apply to local authorities.

15

In section 169D (directions about notifications)—

  • (a) for “169C”, in both places, substitute “169CD”;
  • (b) in subsection (1)(a), omit “private”.
16

In section 192 (overview of Chapter 6)—

  • (a) in paragraph (a), for “to 198B” substitute “to 198”;
  • (b) in paragraph (b), for “to 210” substitute “to 210A”;
  • (c) in paragraph (d) omit “about the submission of information and opinions relating to registered providers and”.
17

In section 193 (standards relating to consumer matters)—

  • (a) in subsection (1), after “extent” insert “, safety, energy efficiency”;
  • (b) in subsection (2)(f), for “and informing tenants” substitute “tenants and providing them with information in connection with such consultation”;
  • (c) in subsection (2), after paragraph (h) insert—

(ha) policies and procedures in connection with behaviour which amounts to domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act),

;

  • (d) omit subsection (3).
18

In section 194 (standards relating to economic matters), omit subsection (3).

19

In section 197 (direction by Secretary of State), in subsection (2)(a), after “quality” insert “, safety or energy efficiency”.

20

In section 198 (supplemental provisions about standards), after subsection (5) insert—

(6) In setting standards the regulator must have regard to the desirability of registered providers being free to choose how to provide services and conduct business.

21

In section 203(3) (inspector’s powers), for “107(3) to (7)” substitute “107(2A) to (4) and (5) to (7)”.

22

In section 208(4) (inquirer’s powers), for “107(3) to (7)” substitute “107(2A) to (4) and (5) to (7)”.

23

In section 215 (guidance about use of intervention powers) omit—

  • (a) subsection (1)(a) (including the final “and”);
  • (b) subsection (2);
  • (c) subsection (2A).
24

In section 216 (consultation), in paragraph (b), at the end insert “of social housing”.

25

In section 217 (accreditation)—

  • (a) in subsection (4)(b), after “193” insert “or 194A”;
  • (b) in subsection (6), after “193” insert “or 194A”.
26

In section 218 (exercise of enforcement powers)—

  • (a) in subsection (1), for “Subsection (2)” substitute “This section”;
  • (b) in subsection (2), after paragraph (d) insert—

(e) whether the failure or other problem is serious or trivial.

;

  • (c) omit subsections (3) and (4).
27

In section 220 (grounds for giving enforcement notice)—

  • (a) in subsection (2) omit “applicable to it”;
  • (b) in subsection (11), for “an ombudsman appointed by virtue of section 124” substitute “a housing ombudsman”;
  • (c) omit subsection (11A).
28

In section 227 (grounds for imposition of a penalty), omit subsection (7A).

29

In section 237 (grounds for award of compensation), omit subsection (4).

30

In section 239 (housing ombudsman compensation), in subsection (1), for “an ombudsman appointed by virtue of section 124” substitute “a housing ombudsman”.

31

In section 242 (warning before giving compensation notice), in subsection (2), for “person appointed by virtue of section 124 as the ombudsman” substitute “housing ombudsman”.

32

In section 247 (grounds for requiring management tender), in subsection (1)—

  • (a) in paragraph (a), omit “applicable to it”;
  • (b) omit paragraph (aa) (including the final “or”).
33

In section 251 (grounds for appointing manager), in subsection (1), omit paragraph (aa) (including the final “or”).

34

In section 256 (restrictions on dealings during an inquiry), in subsection (2), for “has reasonable grounds for believing” substitute “is satisfied”.

35

In section 258 (restrictions on dealings: supplemental), in subsection (3), omit the words from “not” to the end.

36

In the heading immediately before section 259, omit “non-profit”.

37

In section 259 (suspension during inquiry), in subsection (2), for “has reasonable grounds for believing” substitute “is satisfied”.

38

In section 264 (offence of acting as an officer while disqualified), in subsection (2)(a), omit “not exceeding the statutory maximum”.

39

In section 269 (appointment of new officers), in subsection (1)(c), for “thinks” substitute “is satisfied”.

40

In section 269A (local authorities: censure during or following inquiry), in subsection (2), for “has reasonable grounds for believing” substitute “is satisfied”.

41

Omit section 274 (definition of charities that have “received public assistance”).

42

In section 275 (general), for the definition of “local authority” substitute—

  • “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, or the Council of the Isles of Scilly;

.

43

In section 276 (index of defined terms)—

  • (a) after the entry for “The HCA” insert—
health and safety lead section 126A(2)
health and safety requirement section 126B(2)

;

  • (b) after the entry relating to “penalty notice” insert—
Performance improvement plan Section 218A
Performance improvement plan notice Section 218A

;

  • (c) omit the entry relating to “received public assistance (charities)”.
44

After section 276A (inserted by section 35) insert—

(276B) (1) This section applies to a duty or power to process information where the duty or power is imposed or conferred by or by virtue of any provision of this Part. (2) A duty or power to which this section applies does not operate to require or authorise the processing of information which would contravene the data protection legislation (but the duty or power is to be taken into account in determining whether the processing would contravene that legislation). (3) In this section “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

45

In section 278A (power to nominate bodies for consultation purposes), in subsection (1), omit paragraph (b).

46

In section 320 (orders and regulations), in subsection (7)(a), for “, 122 and 229” substitute “and 122”.

Part 2 — Other Acts

47

In Schedule 17 to the Localism Act 2011 (regulation of social housing) omit—

  • (a) paragraph 6;
  • (b) paragraph 15(4);
  • (c) paragraph 17.
48

Omit section 30 of the Welfare Reform and Work Act 2016.

49
  • (1) Section 2 of the Leasehold Reform (Ground Rent) Act 2022 (excepted leases) is amended as follows.
  • (2) In subsection (7)(a) omit “within the meaning of section 79 of the Housing and Regeneration Act 2008”.
  • (3) After subsection (7) insert—

(7A) A “community land trust” means a body corporate which satisfies the conditions in subsection (7B); and in those conditions “local community” means the individuals who live or work, or want to live or work, in a particular area. (7B) The conditions are— (a) that the body is established for the express purpose of furthering the social, economic and environmental interests of a local community by acquiring and managing land and other assets in order— (i) to provide a benefit to the local community, and (ii) to ensure that the assets are not sold or developed except in a manner which the trust’s members think benefits the local community, and (b) that the body is established under arrangements which are expressly designed to ensure that— (i) any profits from its activities will be used to benefit the local community (otherwise than by being paid directly to members); (ii) individuals who live or work in the particular area have the opportunity to become members of the trust (whether or not others can also become members), and (iii) the members of the trust control it.

Fundamental objectives

Advisory panel

Collection of information

Power to charge fees

Relationship between regulator and housing ombudsman

Meaning of “English body”

Registration criteria

Designation

De-registration

Appointment of health and safety lead by registered provider

Electrical safety standards

Moratorium on disposal of land

Limited liability partnerships

Insolvency of registered providers

Notification requirements: expansion to profit-making organisations

Conversion of company into registered society: continuation of registration

Restructuring of registered societies

Receipt of transfers of engagements from a registered society

Notification of constitutional changes

Notification of change of control

Standards relating to competence and conduct

Standards relating to information and transparency

Code of practice: standards relating to consumer matters

Direction by Secretary of State

Secretary of State’s duty to give direction about providing information to tenants

Failure to meet standards: exercise of intervention powers

Performance monitoring

Surveys

Inspection plan

Action after inspection

Performance improvement plans

Emergency remedial action

Extension of powers to charities who have not received public assistance

Notification of Charity Commission of exercise of enforcement powers

Exercise of powers: land with a Crown or Duchy interest

Regulatory and enforcement powers: further amendments

Leaving the social housing stock: end of lease

Meaning of “subsidiary”

Appeals

Housing ombudsman scheme

Power of housing ombudsman to issue guidance to scheme members

Social housing leases: remedying hazards

Minor and consequential amendments

Power to make consequential provision

Extent

Commencement

Short title

Extension of housing administration regime

Editorial notes

[^key-56a2eb8689f0dca76a3c9b73bf01198c]: S. 1 not in force at Royal Assent, see s. 46(3)

[^key-e387a0c249f88ce71584b1eefcfb8828]: S. 2 not in force at Royal Assent, see s. 46(3)

[^key-c0c15ff74b8a718d14f445e96b0f45ab]: S. 3 not in force at Royal Assent, see s. 46(3)

[^key-da95d68394e75b974cbb384c7dbaebc2]: S. 4 not in force at Royal Assent, see s. 46(3)

[^key-49b7ea74e3a3c762cf29cb39c802f104]: S. 5 not in force at Royal Assent, see s. 46(3)

[^key-87169b6fbfbf01ba4897eda872d7ad0d]: S. 6 not in force at Royal Assent, see s. 46(3)

[^key-1a015f6f1701ddbb82b9802b61fbcefb]: S. 7 not in force at Royal Assent, see s. 46(3)

[^key-1a0ad9b6910314bed33d19ace60bb118]: S. 8 not in force at Royal Assent, see s. 46(3)

[^key-db7038bf94317bf4ef30850941dab040]: S. 9 not in force at Royal Assent, see s. 46(3)

[^key-b362cd83ef06e5694518058d2e08ded1]: S. 10 not in force at Royal Assent, see s. 46(3)

[^key-120c63a90d4e0c750a58958a7fbc5afd]: S. 11 in force at Royal Assent, see s. 46(1)(a)

[^key-59cbbd4dc9d8d7b28d5071b2a02723ac]: S. 12 not in force at Royal Assent, see s. 46(3)

[^key-c345cff917372dda1ca7f36fd64d0fff]: S. 13 not in force at Royal Assent, see s. 46(3)

[^key-112330dee28b0ad322ebe91b88ffe30c]: S. 14 not in force at Royal Assent, see s. 46(3)

[^key-a6a657c26ce3fb7713f733054fbea3f0]: S. 15 not in force at Royal Assent, see s. 46(3)

[^key-3a34227eb9b59a58f9de5b9c8a10f77e]: S. 16 not in force at Royal Assent, see s. 46(3)

[^key-0fbc691ef271d6bc4090fdafb16e54f5]: S. 17 not in force at Royal Assent, see s. 46(3)

[^key-4a066cd6d5426f49250c65cdaa126c50]: S. 18 not in force at Royal Assent, see s. 46(3)

[^key-37a60507f7baeb331fb302203c606d04]: S. 19 not in force at Royal Assent, see s. 46(3)

[^key-e0e66dd3b60b761dc8d5b4a321b9c5f7]: S. 20 not in force at Royal Assent, see s. 46(3)

[^key-ad84ab08ca565ef9e0ee5c0cd8570d27]: S. 21 not in force at Royal Assent, see s. 46(3)

[^key-431f860409e326049bf006286761f9f4]: S. 22 not in force at Royal Assent, see s. 46(3)

[^key-14ccdc5984c2484278cbbc4220d8ddd0]: S. 23 not in force at Royal Assent, see s. 46(3)

[^key-02201a3fff1f1ba6ed485e63bbffca9d]: S. 24 not in force at Royal Assent, see s. 46(3)

[^key-0a7710e09e3e13d6b11aadd0bf82b92c]: S. 26 not in force at Royal Assent, see s. 46(3)

[^key-e78246a8e1c73474f08f4759b6936223]: S. 27 not in force at Royal Assent, see s. 46(3)

[^key-5ddb5c3562287ac34b3370b00a78c5e6]: S. 28 not in force at Royal Assent, see s. 46(3)

[^key-e042835425b21c3f8b26c4e8e9a10219]: S. 29 not in force at Royal Assent, see s. 46(3)

[^key-78ba8ba1d946c8daa32fbbf9c0af35a2]: S. 30 not in force at Royal Assent, see s. 46(3)

[^key-9f111595ef4cb7199beea16bcb0c977c]: S. 31 not in force at Royal Assent, see s. 46(3)

[^key-34b8277992c2822cb171c85b1b4fd433]: S. 32 not in force at Royal Assent, see s. 46(3)

[^key-9a5661a2fe2d8fe03c938ec49b4ae3ca]: S. 33 not in force at Royal Assent, see s. 46(3)

[^key-9a498438789fa37d78c759502d558631]: S. 34 not in force at Royal Assent, see s. 46(3)

[^key-2f0721bb2b2856ee10ef2807f236372b]: S. 35 not in force at Royal Assent, see s. 46(3)

[^key-6fcdbca45b1fc91f489de942947298fb]: S. 36 not in force at Royal Assent, see s. 46(3)

[^key-ca5141ae3dfeedb2be9fdff9930c3d6c]: S. 37 not in force at Royal Assent, see s. 46(3)

[^key-3d2ed8f3b1669c945c55eef7438e9aaa]: S. 38 not in force at Royal Assent, see s. 46(3)

[^key-5aee7d49a35aa191d1d3f15eb3663f35]: S. 39 not in force at Royal Assent, see s. 46(3)

[^key-893f8e0bab8fc0f83a183ca54f8add03]: S. 42 not in force at Royal Assent, see s. 46(3)

[^key-94c17acc3817318849f7d5f65230281c]: S. 43 not in force at Royal Assent, see s. 46(3)

[^key-1c3578e9b8fb1af4a92e967e3fb5449d]: S. 44 in force at Royal Assent, see s. 46(1)(b)

[^key-573b35a57b82cebb543958744fee19a2]: S. 45 in force at Royal Assent, see s. 46(1)(b)

[^key-419e0b44698d9cc2ac3493d1c38a5dbb]: S. 46 in force at Royal Assent, see s. 46(1)(c)

[^key-6ce196a76ef70cd6066d1baa07c66433]: S. 47 in force at Royal Assent, see s. 46(1)(d)

[^key-376897b9cd284a30dccd1426dca6f690]: Sch. 1 para. 1 not in force at Royal Assent, see s. 46(3)

[^key-1990b1916e7245bbb4d34050ac9c9aef]: Sch. 1 para. 2 not in force at Royal Assent, see s. 46(3)

[^key-b7f5a0ccb9f3c6fb3c31ddc10bd2bd33]: Sch. 1 para. 3 not in force at Royal Assent, see s. 46(3)

[^key-2b39369f41f44446e07b938c76b91d3a]: Sch. 1 para. 4 not in force at Royal Assent, see s. 46(3)

[^key-94f02eb7c0452bf2d2806bb49f0694bb]: Sch. 1 para. 5 not in force at Royal Assent, see s. 46(3)

[^key-2d6ed7275fee6352ca7e478e281cd784]: Sch. 1 para. 6 not in force at Royal Assent, see s. 46(3)

[^key-2388ab90918b5ccbddbe103065a9fef6]: Sch. 1 para. 7 not in force at Royal Assent, see s. 46(3)

[^key-718f3285a22a1738e5e31ef48e8d1a70]: Sch. 1 para. 8 not in force at Royal Assent, see s. 46(3)

[^key-337ec15bc5769ee5bd1f35cb0b601167]: Sch. 1 para. 9 not in force at Royal Assent, see s. 46(3)

[^key-d49be72e9b76a5910c85350624ab3ee2]: Sch. 1 para. 10 not in force at Royal Assent, see s. 46(3)

[^key-f51911f9133187554d6aac18b3337dcc]: Sch. 1 para. 11 not in force at Royal Assent, see s. 46(3)

[^key-011230b2d8544e5db610a7c999bcd9c1]: Sch. 1 para. 12 not in force at Royal Assent, see s. 46(3)

[^key-dce4d5e57c57cce4f0e4cc6984284d02]: Sch. 1 para. 13 not in force at Royal Assent, see s. 46(3)

[^key-a0bca1e16f2a4219e616842f333de1f3]: Sch. 1 para. 14 not in force at Royal Assent, see s. 46(3)

[^key-6f34fa761f4eb71c7c2a7d2ac7264192]: Sch. 1 para. 15 not in force at Royal Assent, see s. 46(3)

[^key-035ae3b2dfa5687fe2ca684d0d763d42]: Sch. 1 para. 16 not in force at Royal Assent, see s. 46(3)

[^key-5b3858d043362ddd4a764c50b405e6c7]: Sch. 1 para. 17 not in force at Royal Assent, see s. 46(3)

[^key-044999c50dc46bcc6c16efeaf89be267]: Sch. 1 para. 18 not in force at Royal Assent, see s. 46(3)

[^key-f60b209185683338215def0448ed95ca]: Sch. 1 para. 19 not in force at Royal Assent, see s. 46(3)

[^key-b3f083b6ed3a718811a82f5dfc656a34]: Sch. 1 para. 20 not in force at Royal Assent, see s. 46(3)

[^key-615696afcae2b59ba85c0a4efee80e5f]: Sch. 2 para. 1 not in force at Royal Assent, see s. 46(3)

[^key-f10a83563fe42db5493f1bd18d767dd9]: Sch. 2 para. 2 not in force at Royal Assent, see s. 46(3)

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