in paragraph (a), after “well-managed” insert “, safe”;
Explanatory notes to the Bill, prepared by the Department for Levelling Up, Housing & Communities, have been ordered to be published as HL Bill 21—EN.
Lord Greenhalgh has made the following statement under section 19(1)(a) of the Human Rights Act 1998:
In my view the provisions of the Social Housing (Regulation) Bill [HL] are compatible with the Convention rights.
A
bill
to
Make provision about the regulation of social housing; about the terms of approved schemes for the investigation of housing complaints; and for connected purposes.
B e it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
In section 92K of the Housing and Regeneration Act 2008 (fundamental
objectives), in subsection (3)—
in paragraph (a), after “well-managed” insert “, safe”;
in paragraph (c), omit the final “and”;
“(ca)to ensure that registered providers act in a transparent
manner in relation to their tenants of social housing,
and”.
The regulator must establish a panel of persons called “the Advisory The Panel may provide information and advice to the regulator about, The reference in subsection (2) to matters connected with the The regulator must appoint the following persons to the Panel— persons appearing to the regulator to represent the interests registered providers; secured creditors of registered providers; tenants of social housing; local housing authorities, the Greater London Authority, the HCA, and the Secretary of State. The regulator may appoint such other persons to the Panel as it thinks The regulator may make payments to persons who are members of The regulator must make arrangements requiring any person who is
After section 96 of the Housing and Regeneration Act 2008 insert—
“96A
Advisory panel
(1)
Panel”.
(2)
or on matters connected with, the regulator’s functions (whether or
not it is requested to do so by the regulator).
(3)
regulator’s functions includes anything which could have a significant
impact on registered providers or the provision of social housing.
(4)
(a)
of—
(i)
(ii)
(iii)
(iv)
(b)
(c)
(d)
(5)
fit to appoint.
(6)
the Panel in respect of any expenses they incur in connection with
their appointment to the Panel.
(7)
a member of the Panel to declare any financial or other personal
interest relevant to the regulator’s functions.”
The Housing and Regeneration Act 2008 is amended as follows.
In section 107 (collection)—
“(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.”;
omit subsection (2);
“(2A)A requirement under subsection (1) may also require the person
to provide an explanation of any document or information
required under that subsection.”;
in subsection (3)—
in the opening words, after “requirement” insert “under
subsection (1)”;
in paragraph (a), for “document or information” substitute
“document, information or an explanation”;
in subsection (4), for “documents or information” substitute
“documents, information or explanations”;
“(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.”;
in subsection (5), after “requirement” insert “under subsection (1)”;
in subsection (6), for “to which a requirement relates” substitute
“required under subsection (1)”;
“(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.”;
in subsection (7), after “requirement” insert “under subsection (1)”.
In section 108 (section 107: supplemental)—
in subsection (1), after “requirement” insert “under section 107(1)”;
“(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 on 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.”;
in subsection (4), after “107(6)” insert “or (6A)”;
in subsection (5), for “or (6)” substitute “, (6) or (6A)”.
The Housing and Regeneration Act 2008 is amended as set out in subsections
(2) to (5).
“Relationship with housing ombudsman
100H Relationship with housing ombudsman
(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.”
“(eb)any housing ombudsman,”.
In section 197 (direction by Secretary of State), in subsection (4), after any housing ombudsman,”.
paragraph (aa) insert—
“(ab)
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,”.
In Schedule 2 to the Housing Act 1996 (social rented sector: housing may only be made after the applicant has consulted the shall be made in such manner as the Secretary of State may shall be accompanied by such information as the Secretary of
complaints), in paragraph 3 (approval of scheme etc), in sub-paragraph (1),
for the words from “shall be made” to the end substitute—
“(a)
Regulator of Social Housing,
(b)
determine, and
(c)
State may require.”
In section 79 of the Housing and Regeneration Act 2008 (English bodies), in
subsection (1)—
(f)a limited liability partnership which has its registered
office in England.”;
omit paragraphs (d) and (e).
In section 112 of the Housing and Regeneration Act 2008 (eligibility for
voluntary registration), in subsection (3)—
in the opening words omit “as to”;
in paragraph (a), at the beginning insert “as to”;
in paragraph (b)—
at the beginning insert “as to”;
omit “and”;
in paragraph (c)—
at the beginning insert “as to”;
(d)to secure that the body would meet, on
registration, standards set by the regulator under
sections 193, 194 and 194A.”
Section 115 of the Housing and Regeneration Act 2008 (profit-making and
non-profit organisations) is amended as follows—
omit subsection (2);
“(3)A body is a non-profit organisation if—
(a)it is a registered or non-registrable charity and satisfies
Conditions 1 and 2, or
(b)otherwise, it satisfies Conditions 1 to 3.”;
in subsection (4)—
in paragraph (a), omit “or”;
omit paragraph (b).
“(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).”;
in subsection (8) omit “(2) or”.
has failed to meet a standard under section 193, 194 or 194A,”.
In section 118 of the Housing and Regeneration Act 2008 (compulsory
de-registration), in subsection (1), after paragraph (a) insert—
“(aa)
The Housing and Regeneration Act 2008 is amended as follows.
“Health and safety lead for registered provider
126A Designation of health and safety lead
(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)
(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 Functions of the health and safety lead
(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
126C Duties of registered provider in relation to health and safety lead
(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 Health and safety lead: general
(1)
(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.”
In section 220 (grounds for giving enforcement notice), at the appropriate Case 12 is where— the registered provider— does not have a health and safety lead designated under has failed to meet a requirement under section
126C
the functions of the health and safety lead are not being carried
place insert—
“(11B)
(a)
(i)
section
126A
, or
(ii)
, or
(b)
out.”
In section 227 (grounds for imposition of penalty), at the appropriate place Case 8 is where— the registered provider— does not have a health and safety lead designated under has failed to meet a requirement under section
126C
the functions of the health and safety lead are not being carried
insert—
“(7B)
(a)
(i)
section
126A
, or
(ii)
, or
(b)
out.”
“(ab)a registered provider—
(i)does not have a health and safety lead designated under
section 126A , or
(ac)the functions of the health and safety lead are not being carried
out,”.
In section 251(1) (appointment of manager of private registered provider), a private registered provider— does not have a health and safety lead designated under the functions of the health and safety lead are not being carried
before paragraph (b) insert—
“(ab)
(i)
section
126A
, or
(ac)
out,”.
In section 252A(2) (appointment of advisers to local authorities)—
in paragraph (a), omit the final “or” ;
In section 320 (orders and regulations), in subsection (3)(d), for “or 72”
substitute “, 72 or
126A
”.
Section 122 of the Housing and Planning Act 2016 (electrical safety standards
for properties let by private landlords) is amended as follows.
In the heading, for “properties let by private landlords” substitute “residential
properties let by landlords”.
In subsection (1)—
omit “private”;
after “England” insert “to whom this section applies”.
“(1A)This section applies to a landlord who is—
(a)a private landlord, or
(b)a registered provider of social housing.”
The Housing and Regeneration Act 2008 is amended as follows.
“145 Moratorium
(1)A moratorium on the disposal of land by a private registered provider
begins with the day after the day on which any of the events
mentioned in subsection (2) occur in relation to the provider.
(2)The events are—
(a)a petition is presented under section 124 of the Insolvency Act
1986, by a person other than the Secretary of State, for the
winding up of the provider;
(b)an application is made by the provider under section 105(3) of
the Housing and Planning Act 2016 for permission to pass a
resolution for voluntary winding up;
(c)an application is made in accordance with paragraph 12 of
Schedule B1 to the Insolvency Act 1986, by a person other than
the Secretary of State, for an administration order in respect
of the provider;
(d)the appointment of an administrator of the provider under
paragraph 14 or 22 of Schedule B1 to the Insolvency Act 1986;
(e)notice of intention to enforce a security over property of the
provider is given under section 108(2)(a) of the Housing and
Planning Act 2016 or the requirement to give such notice is
waived under section 108(2)(b) of that Act.”
In section 146 (duration of moratorium)—
in the heading, for “Duration” substitute “Ending”;
omit subsection (1);
in subsection (2), in the words before paragraph (a), after “moratorium”
insert “mentioned in section 145”;
in subsection (2A), in paragraph (a), for “day on which the notice
mentioned in section 145 is given” substitute “relevant day”;
“(2B)The “relevant day” is—
(a)
(b)
(c)
(d)
in subsection (9), for “a notice mentioned in section 145 is given”
substitute “an event mentioned in section 145(2) occurs”.
Schedule
1
amends Part 2 of the Housing and Regeneration Act 2008 and
Chapter 5 of Part 4 of the Housing and Planning Act 2016 to make provision
about limited liability partnerships.
Schedule
2
contains amendments to provisions of the Housing and Planning
Act 2016 about procedures to be followed on the insolvency of a registered
provider.
The Housing and Regeneration Act 2008 is amended as follows.
In the following provisions omit “non-profit”—
section 160(1) (arrangements and reconstructions);
section 161(1) (conversion of registered company to registered society);
section 163(1) (restructuring of registered society);
section 165(1) (dissolution of registered society);
section 169A (change of rules of registered society);
section 169C (change of articles of registered company).
In section 161 (conversion of registered company to registered society)—
in subsection (5) omit “and designate it as a non-profit organisation”;
in subsection (7), for “designated as a non-profit organisation”
substitute “as having the same designation under section 115(1) as the
company mentioned in subsection (1) had immediately before the
conversion into a registered society took effect.”
In section 163 (restructuring of registered society), in subsection (6) omit “and
designate it as a non-profit organisation”.
The Housing and Regeneration Act 2008 is amended as follows.
“161A Company: receipt of transfer of engagements from registered society
(1)This section applies to a registered provider which is a registered
company.
(2)The registered provider must notify the regulator if a registered society
which is not a registered provider passes a resolution under section
112(1)(c) of the Co-operative and Community Benefit Societies Act
2014 transferring its engagements to the registered provider.
(3)The Financial Conduct Authority may register the resolution only if
the registered society which passed it has confirmed to the Financial
Conduct Authority that the regulator has been notified.”
“163A Registered society: receipt of transfer of engagements from another
registered society
(1)This section applies to a registered provider which is a registered
society.
(2)The registered provider must notify the regulator if a registered society
which is not a registered provider passes a resolution under section
110(1) of the Co-operative and Community Benefit Societies Act 2014
transferring its engagements to the registered provider.
(3)The Financial Conduct Authority may register the resolution only if
the registered society which passed it has confirmed to the Financial
Conduct Authority that the regulator has been notified.”
The Housing and Regeneration Act 2008 is amended as follows.
In section 169A (registered societies: change of rules)—
in the heading, after “rules” insert “etc”;
after “society’s rules” insert “, name or registered office”.
“169B Charity: change to trusts etc
(1)The trustees of a registered charity that is a registered provider must
notify the regulator of any change to—
(a)the trusts of the charity;
(b)the purposes of the charity (if not falling within paragraph (a) );
(c)the name of the charity entered in the register of charities;
(d)any number allocated to the charity by the Charity Commission
which appears in the register of charities;
(e)any contact address for the charity which appears in the register
of charities.
(2)
(3)In this section—
“
the register of charities” means the register of charities kept
under section 29 of the Charities Act 2011;“
trusts”, in relation to a charity, has the same meaning as in the
Charities Act 2011 (see section 353 of that Act).”
“169CA Limited liability partnership: change of name etc
A registered provider that is a limited liability partnership must notify
the regulator of any change to its name or registered office.”
In section 169D (directions about notifications), for “169C”, in both places it
occurs, substitute “169CA”.
The Housing and Regeneration Act 2008 is amended as follows.
“194A Standards relating to information and transparency
(1)The regulator may set standards for registered providers in matters
relating to the provision of information to their tenants of social
housing and to the regulator.
(2)Standards under subsection (1) may, in particular, require registered
providers to comply with specified rules about—
(a)the provision of information to their tenants of social housing
concerning the accommodation, facilities or services provided
in connection with social housing,
(b)monitoring their compliance with standards under this section
and sections 193 and 194 and informing the regulator if they
have failed, or there is a risk they will fail, to meet any of those
standards, and
(c)the publication of information about—
(i)the remuneration of their executives, and
(ii)their income, management costs and other expenditure.
(3)For the purposes of subsection (2) (c) , an “executive”, in relation to a
registered provider, means an individual who is both—
(a)an officer or employee of the registered provider, and
(b)responsible for the management of the provider.
(4)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.”
In section 198A (failure to meet a standard)—
in the heading, after “193” insert “or 194A”;
in subsection (1), after “matters)” insert “or section 194A (standards
relating to information and transparency)”;
in subsection (4), after “193” insert “or 194A”.
In section 220 (grounds for giving enforcement notice), in subsection (2), for
“193 or 194” substitute “193, 194 or 194A”.
In section 227 (grounds for imposition of penalty), in subsection (2), for “193
or 194” substitute “193, 194 or 194A”.
In section 237 (grounds for award of compensation), in subsection (2), for
“193 or 194” substitute “193, 194 or 194A”.
In section 247 (management tender), in subsection (1)(a), for “193 or 194”
substitute “193, 194 or 194A”.
In section 251 (appointment of manager), in subsection (1)(a), for “193 or 194”
substitute “193, 194 or 194A”.
In section 195 of the Housing and Regeneration Act 2008 (code of practice)—
in subsection (1)(a), omit “under section 194”;
in subsection (2), omit “under that section”.
The Secretary of State may direct the regulator— about the content of standards described in paragraph
(a)
, or to have regard to specified objectives when setting those
In section 197 of the Housing and Regeneration Act 2008 (direction by
Secretary of State), after subsection (2) insert—
“(2A)
(a)
(b)
(c)
standards.”
In section 198A of the Housing and Regeneration Act 2008 (failure to meet
standard under section 193), omit subsections (2), (3), (5) and (6).
The Housing and Regeneration Act 2008 is amended as follows.
“Performance information
198C Directions about performance information
(1)The regulator may give directions to registered providers requiring
them to collect, process and publish information about their
performance in relation to matters covered by standards under sections
193, 194 and 194A.
(2)Directions under subsection (1) may, in particular, specify or describe—
(a)the information that must be collected,
(b)the period the information must cover,
(c)the method of collecting, processing and presenting information,
(d)the form in which information must be presented, and
(e)what information must be published and when and the manner
of publication.
(3)A direction—
(a)may make provision that applies generally or only to specified
cases, circumstances or registered providers, and
(b)may make different provision for different cases, circumstances
or registered providers.
(4)The regulator must make arrangements for bringing a direction to the
attention of every registered provider to which it applies.
(5)The regulator may request that a registered provider send to the
regulator—
(a)any information collected by the registered provider pursuant
to directions under subsection (1) ;
(b)an analysis of that information;
(c)an explanation of how the information was collected, processed
or published.”
In section 220 (grounds for giving enforcement notice), at the appropriate Case 13 is where the registered provider has failed to comply with
place insert—
“(11C)
directions or a request under section 198C.”
In section 227 (grounds for imposition of penalty), at the appropriate place Case 9 is where the registered provider has failed to comply with
insert—
“(7C)
directions or a request under section 198C.”
The Housing and Regeneration Act 2008 is amended as follows.
In section 199 (survey)—
in subsection (3)—
for “subsection (2)” substitute “this section and in sections 199A
to 200,”, and
for “of this section” substitute “of the section concerned”;
omit subsections (4) to (6);
“(9)Arrangements for a person other than a member of the
regulator’s staff to carry out a survey may include provision
about payments.”
“199A Survey: power to enter without warrant
(1)An authorised person may enter premises at any reasonable time, or
times, to carry out a survey under section 199.
(2)The power in subsection (1) may only be exercised if—
(a)an authorised person has given the registered provider at least
48 hours’ notice of the first exercise of the power, and
(b)if the premises are occupied, an authorised person has given
the occupier (or any one of the occupiers) of the premises at
least 24 hours’ notice of the first exercise of the power.
(3)The requirement to give notice may be waived—
(4)
(5)
(6)An authorised person who under this section has entered, or who is
seeking to enter, premises in order to carry out a survey must produce
a copy of the authorisation mentioned in section 199(3) on request by
an occupier.
(7)An authorised person entering premises to carry out a survey 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 carrying
out the survey.
(8)Equipment or materials taken onto premises by virtue of subsection
(7) may be left on the premises until the survey has been carried out
provided that leaving the equipment or the materials on the premises—
(a)does not significantly impair the ability of an occupier to use
the premises, or
(b)is necessary for the purpose of carrying out the survey.
199B Survey: power to enter with warrant
(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 carry out a
survey under section 199.
(2)The justice may issue a warrant authorising the authorised person
who is named in it to enter the premises to carry out the survey where
the justice is satisfied that—
(a)entry to the premises has been sought under section 199A 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 carrying
out the survey.
(5)Equipment or materials taken onto premises by virtue of subsection
(4) may be left on the premises until the survey is carried out provided
that leaving the equipment or the materials on the premises—
(a)does not significantly impair the ability of an occupier to use
the premises, or
(b)is necessary for the purposes of carrying out the survey.
(6)A warrant under this section may authorise persons (“accompanying
persons”) to accompany the authorised person.
(7)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.
(8)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 section 199(3).
(9)A warrant under this section continues in force until the survey is
carried out.
(10)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.”
In section 200 (survey: supplemental)—
omit subsection (1);
omit subsection (3);
“(4)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 199A , or
(b)in exercising a power under section 199, where the
authorised person has entered the premises to carry out
the survey under the power in section 199A .”;
“(4A)A person commits an offence if the person obstructs an
authorised person—
(a)in exercising a power conferred by a warrant under
section 199B , or
(b)in exercising a power under section 199, where the
authorised person has entered the premises to carry out
a survey under a warrant under section 199B .”
The Housing and Regeneration Act 2008 is amended as follows.
“Performance improvement plans
218A Performance improvement plan notice
(1)The regulator may give a registered provider a notice (a “performance
improvement plan notice”) if the regulator is satisfied that—
(a)the registered provider has failed to meet a standard under
section 193, 194 or 194A,
(b)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 194A,
(c)the registered provider has failed to comply with directions or
a request under section 198C ,
(d)the interests of the tenants of social housing of the registered
provider require protection, or
(e)the registered provider has given an undertaking under section
125 and failed to comply with it.
(2)A performance improvement plan notice must—
(a)specify on which of the grounds mentioned in subsection (1)
it is given,
(b)identify the issues which led the regulator to be satisfied of
those grounds,
(c)require the registered provider to prepare and submit to the
regulator a plan (a “performance improvement plan”) setting
out the action the provider will take to address the issues
identified,
(d)specify the date by which the performance improvement plan
must be submitted to the regulator,
(e)require the registered provider to publish a performance
improvement plan if it is approved by the regulator and specify
the manner of such publication, and
(3)The regulator may withdraw a performance improvement plan notice
by notice to the registered provider.
(4)If a registered provider fails to comply with a performance
improvement plan notice the regulator must consider exercising another
power under this Chapter or Chapter 6.
218B Performance improvement plans
(1)The regulator must—
(a)
(b)reject it, giving reasons for doing so.
(2)A registered provider must implement in full a performance
improvement plan that has been approved by the regulator.
(3)If a performance improvement plan is rejected, the registered provider
will be taken to have failed to comply with the performance
improvement plan notice.
(4)If a tenant of social housing of a registered provider makes a written
request to the provider for a copy of the provider’s performance
improvement plan which has been approved by the regulator, the
registered provider must provide the tenant with a copy as soon as
reasonably practicable.
218C Cancellation of performance improvement plan
(1)The regulator may, by notice to a registered provider, cancel a
performance improvement plan which it has approved.
(2)Notice under subsection (1) must specify the date (the “cancellation
date”) on which the cancellation takes effect (which may be a date
before the notice is given).
(3)If a performance improvement plan is cancelled in accordance with
subsection (1) the duties mentioned in subsection (4) cease to apply
(or are treated as having ceased to apply) from the cancellation date.
But this does not affect any action taken (or being taken) by the
regulator in relation to a breach of such a duty before the cancellation
date.
(4)The duties are—
(a)
218D Appeals
(1)A registered provider may appeal to the High Court against a decision
of the regulator to give the provider a performance improvement plan
notice.
(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 notice.
(3)The requirement to prepare and submit a performance improvement
plan is suspended during the appeal period.
(4)The “appeal period” means—
(a)where an appeal is brought, the period beginning with the day
on which the performance improvement plan 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.
(5)But where a performance improvement plan has been approved under
section 218B an appeal under this section does not suspend—
(a)
In section 220 (grounds for giving enforcement notice), before subsection (12) Case 14 is where the registered provider has failed to comply with a Case 15 is where the registered provider has a performance
(but after the subsection (11C) inserted by section
21
) insert—
“(11D)
performance improvement plan notice.
(11E)
improvement plan which has been approved by the regulator and has
failed to implement it in full.”
In section 227 (grounds for imposition of a penalty), before subsection (8) Case 10 is where the registered provider has failed to comply with a
(but after the subsection (7C) inserted by section
21
) insert—
“(7D)
performance improvement plan notice.
(7E)
“(5)Case 4 is where the registered provider has failed to comply with a
performance improvement plan notice.
(6)
In section 247 (management tender), in subsection (1), after paragraph (b) a registered provider has failed to comply with a performance
insert “, or
(c)
improvement plan notice.”
In section 251 (appointment of manager), in subsection (1), after paragraph a registered provider has failed to comply with a performance
(b) insert “, or
(c)
improvement plan notice.”
In section 252A (appointment of advisers to local authority), in subsection a registered provider has failed to comply with a performance
(2), at the end of paragraph (d) (inserted by section
9
) insert “, or
(e)
improvement plan notice.”
Condition 1 is that a survey of the condition of the premises has been Condition 2 is that the regulator is satisfied that— the registered provider has failed to maintain the premises in that failure has caused an imminent risk of serious harm to Arrangements for a person other than a member of the regulator’s An authorised person may enter premises at any reasonable time, or The power in subsection
(1)
may only be exercised if an authorised if the premises are occupied, the occupier (or any one of the if the premises include common parts of a building, the the registered provider whose failure to maintain the premises each person registered in the register kept under section 1 of Each pre-entry notice required by subsection
(2)
must be given at least An authorised person need only give a pre-entry notice required by A “pre-entry notice” is a notice which— identifies the premises to be entered; identifies the failure to maintain the premises which has caused states that a person authorised by the regulator intends to enter specifies the date (or the first date) that the authorised person specifies the power under this section as the power under explains the effect of section
225H
. A pre-entry notice may state that, if entry to the premises were to be In this section, “common parts”, in relation to a building, includes the An authorised person entering premises to take emergency remedial be accompanied by such other persons, and take onto the premises such equipment or materials,
Equipment or material taken onto premises by virtue of subsection
does not significantly impair the ability of an occupier to use is necessary for the purposes of taking the emergency remedial This section applies where a justice of the peace is satisfied, on sworn The justice may issue a warrant authorising the authorised person entry to the premises has been sought under section
225C
but the premises are unoccupied or that the occupier is temporarily there are reasonable grounds to believe that the authorised A warrant under this section authorises the authorised person to enter A warrant under this section authorises an authorised person entering Equipment or materials taken onto premises by virtue of subsection
does not significantly impair the ability of an occupier to use is necessary for the purposes of taking the emergency remedial A warrant under this section may authorise persons (“accompanying Accompanying persons— have the same powers as the authorised person in respect of must exercise those powers only in the company, and under An authorised person who has entered, or who is seeking to enter, a copy of the warrant; A warrant under this section continues in force until the emergency If the premises are unoccupied or the occupier is temporarily absent, A registered provider, or an officer of a registered provider, commits A person commits an offence if the person obstructs an authorised in exercising a power conferred by a warrant under section
A person guilty of an offence under this section is liable on summary Proceedings for an offence under this section may be brought only by the regulator, or the Director of Public Prosecutions. Where the regulator makes arrangements under section
225B
, the such relevant expenses as are specified in the notice; interest on those expenses (see subsection
(4)
). “Relevant expenses” are— expenses reasonably incurred by the regulator— in deciding whether to make arrangements under in making those arrangements; in the authorised person taking emergency remedial Interest may be charged on any sums not paid by the end of the period A registered provider may appeal to the High Court against— with the day on which the registered provider is given the
After section 225 of the Housing and Regeneration Act 2008 insert—
“Emergency remedial action
225A
Overview
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
Power to take emergency remedial action
(1)
(2)
carried out under section 199.
(3)
(a)
accordance with standards under section 193, and
(b)
the health or safety of the occupiers of those or other premises.
(4)
(5)
(6)
(7)
staff to take emergency remedial action may include provision about
payments.
225C
Emergency remedial action: power to enter without warrant
(1)
times, to take emergency remedial action.
(2)
person has given a pre-entry notice to—
(a)
occupiers),
(b)
occupier (or any one of the occupiers) of each of the dwellings
in the building that have use of those common parts,
(c)
has caused the imminent risk of serious harm, and
(d)
the Land Registration Act 2002 as the proprietor of a registered
estate (within the meaning of that Act) in the premises.
(3)
24 hours before the authorised person proposes to enter the premises
but in the case of a pre-entry notice required by subsection
(2)
(a)
the
occupier (or any one of the occupiers) may consent to entry before
that period has elapsed.
(4)
subsection
(2)
once, even if they enter premises on more than one
occasion in order to take the emergency remedial action.
(5)
(a)
(b)
the imminent risk of serious harm;
(c)
the premises;
(d)
proposes to enter the premises to take emergency remedial
action;
(e)
which the authorised person intends to enter the premises;
(f)
(6)
refused, an authorised person would propose to apply for a warrant
under section
225E
.
(7)
structure and exterior of that building and any common facilities
provided (whether or not in the building) for persons who occupy the
building.
225D
Power under section
225C
: supplementary
(1)
(2)
(3)
(4)
action may—
(a)
(b)
as the authorised person thinks necessary for the purposes of taking
the emergency remedial action.
(5)
(4)
(b)
may be left on the premises until the emergency remedial action
has been taken provided that leaving the equipment or the materials
on the premises—
(a)
the premises, or
(b)
action.
225E
Emergency remedial action: power to enter with warrant
(1)
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)
who is named in it to enter the premises to take emergency remedial
action where the justice is satisfied that—
(a)
has been refused,
(b)
absent, or
(c)
person will not be able to obtain entry to the premises without
a warrant.
(3)
the premises at any reasonable time, or times, using reasonable force
if necessary.
(4)
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)
(4)
may be left on the premises until the emergency remedial action
has been taken provided that leaving the equipment or the materials
on the premises—
(a)
the premises, or
(b)
action.
(6)
persons”) to accompany the authorised person.
(7)
(a)
execution of the warrant, but
(b)
the supervision, of the authorised person.
(8)
premises under a warrant under this section must produce on request
by any person—
(a)
(9)
remedial action has been taken.
(10)
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
Offences
(1)
an offence if the provider or officer obstructs an authorised person—
(2)
person—
(a)
225E
, or
(3)
conviction to a fine not exceeding level 4 on the standard scale.
(4)
or with the consent of—
(a)
(b)
225G
Reclaiming expenses
(1)
regulator may by notice require the registered provider concerned to
pay to the regulator—
(a)
(b)
(2)
(a)
(i)
section
225B
;
(ii)
(iii)
action;
(3)
(4)
mentioned in subsection
(3)
at such reasonable rate as the regulator
may determine.
225H
Appeals
(1)
(2)
(a)
pre-entry notice, or
(3)
(4)
(5)
(a)
In the Housing and Regeneration Act 2008 omit—
section 209(1) (inquiries);
section 256(7) (orders restricting dealings during inquiry);
section 257(5) (orders restricting dealings following inquiry);
section 259(5) (orders suspending officers etc during inquiry);
section 260(4) (orders removing or suspending officers etc following
inquiry);
section 267(2) (orders removing officers);
section 269(6)(a), including the final “and” (orders appointing new
officers).
The Housing and Regeneration Act 2008 is amended as follows.
In section 256 (restrictions on dealings during inquiry), after subsection (6) If the registered provider is a registered charity, the regulator must
insert—
“(6A)
notify the Charity Commission if it makes an order under this section.”
In section 257 (restrictions on dealings following inquiry), after subsection (4) If the registered provider is a registered charity, the regulator must
insert—
“(4A)
notify the Charity Commission if it makes an order under this section.”
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”.
The powers in Chapters 6 and 7 are exercisable in relation to premises A “Crown interest” means— an interest belonging to Her Majesty in right of the Crown, or an interest belonging to a government department or held in A “Duchy interest” means an interest belonging to Her Majesty in
Before section 277 of the Housing and Regeneration Act 2008 (but after the
heading before that section) insert—
“276A
Exercise of powers: land with a Crown or Duchy interest
(1)
which are on land in which there is a Crown interest or a Duchy
interest.
(2)
(a)
(b)
trust for Her Majesty for the purposes of a government
department.
(3)
right of the Duchy of Lancaster or belonging to the Duchy of
Cornwall.”
Schedule
3
makes further amendments to the regulatory and enforcement
powers of the Regulator of Social Housing.
In section 74 of the Housing and Regeneration Act 2008 (leaving the social
housing stock: ending of lease)—
in the heading, for “expired” substitute “ending of”;
in subsection (1)(b), for “expires” substitute “determines (whether by
effluxion of time or in any other way)”;
“(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.”
The amendments in subsection (1) apply in relation to leases granted on or
after 10 June 2022.
Schedule
4
makes provision about appeals under the Housing and
Regeneration Act 2008.
Schedule 2 of the Housing Act 1996 (social rented sector: housing complaints)
is amended as follows.
“11AA 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.
11BA 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.”
“(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.”
Schedule
5
contains minor and consequential amendments and transitory
provision.
The Secretary of State may by regulations make provision that is consequential
on this Act.
Regulations under this section may amend, repeal or revoke provision made
by or under an Act passed—
before this Act, or
later in the same session of Parliament as this Act.
Regulations under this section—
are to be made by statutory instrument;
may include different provision for different purposes.
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.
Any other statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.
An amendment or repeal has the same extent as the provision amended or
repealed.
The following come into force on the day this Act is passed—
section 10 ;
this section;
section 36 .
Section
31
comes into force at the end of the period of two months beginning
with the day on which this Act is passed.
The other provisions of this Act come into force on such day or days as the
Secretary of State may by regulations appoint.
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.
The power to make regulations under subsection
(4)
includes power to make
different provision for different purposes.
Regulations under this section are to be made by statutory instrument.
This Act may be cited as the Social Housing (Regulation) Act 2022.
In section 95 (housing administration orders), in subsection (1), after a limited liability partnership,”.
paragraph (a)(i) insert—
“(ia)
In section 100 (powers of court: meaning of “relevant officer”), in subsection in relation to a limited liability partnership, means a member
(7), after paragraph (a) insert—
“(aa)
of the partnership,”.
In section 102 (power to make regulations applying etc insolvency
legislation), in subsections (2) and (3), after “relation to” insert “a limited
liability partnership,”.
“(aa)a limited liability partnership,”.
In section 105 (voluntary winding up), in subsection (1), after paragraph a limited liability partnership,”.
(a), insert—
“(aa)
In section 106 (ordinary administration orders)—
in subsection (1), in paragraph (a), omit the final “or”;
“(aa)a limited liability partnership, or”.
In section 107 (administrator appointments by creditors)—
in subsection (1), in paragraph (a), omit the final “or”;
“(aa)a limited liability partnership, or”.
“(aa)a limited liability partnership,”.
In section 116 (interpretation of Chapter 5 of Part 2)—
in subsection (1), in the definition of “the court”, after “company”,
in each place it occurs, insert “, limited liability partnership”;
“(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),”.
In section 154 (implementation of regulator’s proposals), in subsection (2), in the case of a limited liability partnership, its members,”.
after paragraph (aa) insert—
“(ab)
In section 160 (arrangements and reconstructions)—
in the heading, after “company” insert “and limited liability
partnership”;
in subsection (1), after “company” insert “or a limited liability
partnership”.
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”.
The Housing and Planning Act 2016 is amended as follows.
“(2A)A notice under subsection (2) must—
(a)be given in writing, and signed, by the petitioner,
(b)specify the date the petition was presented,
(c)contain a copy of the petition, and
(d)explain why the petition has been presented.
(2B)
(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).”
“(4A)A notice under subsection (4) must—
(a)be given in writing, and signed, by the registered provider,
(b)specify the date the application was made,
(c)contain a copy of the application, and
(d)explain why the application has been made.
(4B)
(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).”
“(3A)A notice under subsection (3) must—
(a)be given in writing, and signed, by the person who made
the ordinary administration application,
(b)specify the date the application was made,
(c)contain a copy of the application, and
(d)explain why the application has been made.
(3B)
(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).”
In section 107 (appointment of administrator)—
in the heading, after “creditors” insert “etc”;
in subsection (4)(a)(i) omit the words from “, accompanied” to
“1986”;
“(4A)A notice under subsection (4) must—
(a)be given in writing, and signed, by the person making
the appointment,
(b)specify the date the appointment was made,
(c)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, and
(d)explain the reason for the appointment.
(4B)
(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).”;
in subsection (5) omit “(and a copy of the accompanying
documents)”.
“(2A)A notice under subsection (2) must—
(a)be given in writing, and signed, by the person intending to
enforce the security, and
(b)explain why the person intends to enforce the security.
(2B)
(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).”
The Housing and Regeneration Act 2008 is amended as follows.
In section 201 (inspections) omit subsections (2) and (2A).
In section 206 (inquiry)—
in subsection (4)(a), for “, employees or consultants” substitute “or
employees”;
omit subsection (5).
In section 226 (overview of provisions on penalties) omit “private”.
In section 227 (grounds for imposition of penalty), in subsection (1), omit
“private”.
In section 229 (amount of penalty)—
in subsection (2), after “penalty” insert “that may be”;
in that subsection, for “may not exceed £5,000” substitute “is
unlimited”;
omit subsection (3).
In section 251 (appointment of manager of a private registered provider),
in subsection (2), in both places, omit “an individual as”.
In section 252 (supplementary provisions about appointment of manager)—
“(2)The registered provider may make representations to the
regulator about the notice within the period of 5 days
beginning with the day on which the provider receives the
notice.”;
“(2A)Unless the registered provider consents, the regulator may
not take action under section 251(2) before the expiry of the
period within which the provider may make
representations.”;
omit subsection (3).
In section 256 (restrictions on dealings during inquiry), in subsection (1)(a),
for “non-profit” substitute “private”.
In section 257 (restrictions on dealings following inquiry), in subsection
(1), for “non-profit” substitute “private”.
In section 259 (suspension of officer etc during inquiry)—
in subsection (1)(a), for “non-profit” substitute “private”;
in subsection (1)(b), for “either” substitute “any”;
“(3A)Case 3 applies if the regulator is satisfied that an officer,
employee or agent of the registered provider is obstructing,
or failing to co-operate with, the inquiry.”;
“(4)The regulator may by order—
(a)where Case 1 or Case 2 applies, suspend any officer,
employee or agent of the registered provider who it
thinks has contributed to the mismanagement, or
(b)where Case 3 applies, suspend the officer, employee
or agent who it thinks is obstructing, or failing to
co-operate with, the inquiry.”
In section 260 (removal or suspension of officer etc following inquiry)—
in subsection (1), for “non-profit” substitute “private”;
in subsection (2), for the words from “who” to the end substitute it thinks has contributed to the mismanagement, or it thinks obstructed, or failed to co-operate with, the
“who—
(a)
(b)
inquiry under section 206. ”
In section 266 (removal of officers)—
in subsection (1), for “non-profit” substitute “private”;
“(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.”
In section 269 (appointment of new officers)—
in subsection (1), for “non-profit” substitute “private”;
in subsection (4)(a), after “appointment” insert “(on any number of
occasions)”.
The Housing and Regeneration Act 2008 is amended as follows.
In section 115 (profit-making and non-profit organisations), in subsection
(9), at the end insert “and notify the body it has done so.”
“(2A)The regulator must notify a body of the outcome of its application.”
Section 118 (compulsory de-registration) is amended as follows.
“(2)Before acting under subsection (1)(a), (aa) or (b) the regulator must—
(a)give the private registered provider a notice—
(i)warning the provider that the regulator is considering
action under the provision concerned, and
(ii)specifying a period (which must be at least 14 days
beginning with the day the provider receives the
notice) within which the provider may make
representations, and
(b)consider any representations made during that period.”
“(3)The regulator must notify a private registered provider of a decision
to remove it from the register under subsection (1)(a), (aa) or (b).”
Section 121 (registration decisions: appeals) is amended as follows.
In subsection (1)—
in paragraph (b), after “it” insert “under section 118(1)”;
in that paragraph, omit “or”;
“(d)to designate it as a non-profit organisation or as a
profit-making organisation (as the case may be), or
(e)to change its registered designation.”
“(1A)An appeal under this section must be brought within the period of
28 days beginning with the day on which the body is notified of
the decision it is appealing.”
In subsection (2), for “while an appeal is pending” substitute “during the
appeal period”.
“(2A)The “appeal period” means—
(a)where an appeal is brought, the period beginning with the
day on which notice of the decision appealed against is given
and ending with the day on which the appeal is finally
determined or withdrawn, and
(b)otherwise, the period during which an appeal could be
brought.
(2B)
In section 223 (enforcement notice: appeal)—
the existing text becomes subsection (1);
“(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.”
In section 235 (penalty notice: appeals)—
the existing text becomes subsection (1);
“(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.”
In section 245 (compensation notice: appeals)—
the existing text becomes subsection (1);
“(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.”
In section 247 (management tender), in subsection (2), after “may” insert
“by notice”.
In section 248 (management tender: procedure and appeals), after subsection An appeal under this section must be brought within the period of
(9) insert—
“(10)
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).”
In section 249 (management transfer), in subsection (2), after “may” insert
“by notice”.
In section 250 (management transfer: procedure and appeals), after An appeal under this section must be brought within the period of
subsection (9) insert—
“(10)
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).”
In section 251 (appointment of manager), in subsection (2), after “may”
insert “by notice to the registered provider”.
In section 252 (appointment of manager: procedure and appeals), after An appeal under this section must be brought within the period of the regulator notifies the registered provider of an the regulator notifies the registered provider of the
subsection (9) insert—
“(10)
28 days beginning with the day on which—
(a)
appointment made under section 251(2)(a) (in the case of an
appeal against an appointment), or
(b)
imposition of a requirement on the provider under section
251(2)(b) (in the case of an appeal against a requirement).”
In section 259 (suspension of officer etc during inquiry), after subsection If the regulator makes an order, the regulator must— take all reasonable steps to notify the person suspended, and notify the registered provider.”
(7) insert—
“(7A)
(a)
(b)
In section 260 (removal or suspension of officer etc following inquiry), after If the regulator makes an order, the regulator must— take all reasonable steps to notify the person removed or notify the registered provider.”
subsection (5) insert—
“(5A)
(a)
suspended, and
(b)
In section 267 (removal of officers: supplemental), after subsection (1) If the regulator makes an order, the regulator must— take all reasonable steps to notify the person removed, and notify the registered provider.”
insert—
“(1A)
(a)
(b)
In section 268 (removal or suspension of officer etc: appeals)—
the existing text becomes subsection (1);
“(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.”
In section 60 (structural overview) omit subsection (4).
In section 74A (leaving the social housing stock: private providers), in
subsection (1), in both places, omit “of social housing”.
In section 79 (English bodies), omit subsections (2) to (5).
In section 92K (fundamental objectives), in subsections (2)(a) and (3)(d),
omit “of social housing”.
In section 96 (evidence), in paragraph (d), for “an ombudsman appointed
by virtue of section 124” substitute “a housing ombudsman”.
In section 112 (eligibility for voluntary registration)—
“(1)A body is eligible for registration if—
(a)it is an English body, and
(b)it satisfies the following conditions.”;
omit subsection (5).
Omit section 113.
In section 114 (registration of local authorities)—
omit subsection (1);
in subsection (2), after “require” insert “or permit”;
in subsection (3)—
at the end of paragraph (a) insert “and”;
in paragraph (b), omit “and”;
omit paragraph (c);
in subsection (5)—
omit paragraph (a);
in paragraph (b), omit “(1) or”.
In section 114A (local authorities: duty to notify), in subsection (1) omit “in
England”.
In section 153 (moratorium: process for proposals)—
in subsection (2)(a) omit “and its officers”;
in subsection (6)(a) omit “and its officers”.
“169ZA Application of rules about notification of constitutional changes
This group of sections does not apply to local authorities.”
In section 169D (directions about notifications), in subsection (1)(a), omit
“private”.
In section 192 (overview of Chapter 6)—
in paragraph (b), for “to 210” substitute “to 210A”;
in paragraph (d) omit “about the submission of information and
opinions relating to registered providers and”
In section 193 of the Housing and Regeneration Act 2008 (standards relating
to consumer matters)—
in subsection (1), after “extent” insert “, safety”;
“(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),”.
In section 197 (direction by Secretary of State), in subsection (2)(a), after
“quality” insert “or safety”.
In section 203(3) (inspector’s powers), for “107(3) to (7)” substitute “107(2A)
to (4) and (5) to (7)”.
In section 208(4) (inquirer’s powers), for “107(3) to (7)” substitute “107(2A)
to (4) and (5) to (7)”.
In section 215 (guidance about use of intervention powers) omit—
subsection (1)(a) (including the final “and”);
subsection (2);
subsection (2A).
In section 218 (exercise of enforcement powers)—
in subsection (1), for “Subsection (2)” substitute “This section”;
“(e)whether the failure or other problem is serious or
trivial.”;
omit subsections (3) and (4).
In section 220 (grounds for giving enforcement notice)—
in subsection (11), for “an ombudsman appointed by virtue of section
124” substitute “a housing ombudsman”;
omit subsection (11A).
In section 227 (grounds for imposition of a penalty), omit subsection (7A).
In section 237 (grounds for award of compensation), omit subsection (4).
In section 239 (housing ombudsman compensation), in subsection (1), for
“an ombudsman appointed by virtue of section 124” substitute “a housing
ombudsman”.
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”.
In section 247 (grounds for requiring management tender), in subsection
(1), omit paragraph (aa) (including the final “or”).
In section 251 (grounds for appointing manager), in subsection (1), omit
paragraph (aa) (including the final “or”).
In the heading immediately before section 259, omit “non-profit”.
Omit section 274 (definition of charities that have “received public
assistance”).
““
local authority” means—
(a)the council of a county in England,
(b)a district council,
(c)a London borough council,
(d)the Common Council of the City of London, or
(e)the Council of the Isles of Scilly;”.
In section 276 (index of defined terms)—
omit the entry relating to “received public assistance (charities)”.
In section 278A (power to nominate bodies for consultation purposes), in
subsection (1), omit paragraph (b).
In section 320 (orders and regulations), in subsection (7)(a), for “, 122 and
229” substitute “and 122”.
In Schedule 17 of the Localism Act 2011 (regulation of social housing)
omit—
paragraph 6;
paragraph 15(4);
paragraph 17.
Omit section 30 of the Welfare Reform and Work Act 2016.
Section 2 of the Leasehold Reform (Ground Rent) Act 2022 (excepted leases)
is amended as follows.
In subsection (7)(a) omit “within the meaning of section 79 of the Housing
and Regeneration Act 2008”.
“(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.”
Section 252A(2) of the Housing and Regeneration Act 2008 has effect as if
“or” were inserted at the end of paragraph (c) (inserted by section
9
).
A
bill
to
Make provision about the regulation of social housing; about the terms of approved schemes for the investigation of housing complaints; and for connected purposes.
Ordered to be Printed, .
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