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(1) This Order may be cited as the Housing and Regeneration Act 2008 (Consequential Provisions) (No. 2) Order 2010.
(2) This Order comes into force on the day section 111 of the Housing and Regeneration Act 2008 (register) comes into force.
(1) In this Order—
“the 1996 Act ” means the Housing Act 1996 ;
“the 2008 Act ” means the Housing and Regeneration Act 2008;
“the 2008 Order ” means the Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 ;
“the commencement date” means the day on which this Order comes into force; and
“English registered social landlord”, in relation to times, circumstances or purposes before the commencement date, means any person who, at the time in question—
is a registered social landlord within the meaning of Part 1 of the 1996 Act as it then has effect and does not fall within section 56(2) of that Act as it then has effect, or
has a corresponding registration under an earlier enactment.
(2) References in this Order to words in an enactment which are being amended or repealed by the Order are references to the words in the text of the enactment (and therefore do not describe any non-textual modification of that enactment made by the 2008 Order or any other provision).
(3) References in this Order to repeals include revocations.
An amendment or repeal made by this Order has the same extent as the enactment to which it relates.
The enactments specified in Schedule 1 to this Order have effect with the amendments specified.
The amendments and repeals made by this Order have effect subject to the transitional and saving provisions in Schedule 2 to this Order.
(1) The enactments specified in Schedule 3 to this Order are repealed to the extent specified.
(2) The 2008 Order is revoked subject to the transitional and saving provisions in this Order and in an order under section 321 or 325 of the 2008 Act.
In Schedule 1 to the Rent Act 1977 (Forms etc.) Regulations 1980 , for “Housing Corporation”, wherever appearing, substitute “Regulator of Social Housing or Welsh Ministers”.
In section 16 of the Greater London Council (General Powers) Act 1981 (exemption of certain hostels) for paragraph (l) substitute—
(l) occupied, used or managed by a private registered provider of social housing;
In section 10(2) of the Greater London Council (General Powers) Act 1984 (exemption of certain buildings) for paragraph (h) substitute—
(h) occupied, used or managed by a private registered provider of social housing;
In Schedule 1 to the Housing (Right to Buy) (Prescribed Forms) Regulations 1986 , under the heading “What happens next?”, in the list of “Public Sector landlords”, for “Housing Corporation” substitute “the Regulator of Social Housing”.
The Secure Tenancies (Notices) Regulations 1987 are amended as follows.
In paragraph 4 of Part 1 of the Schedule to the Regulations, for “(or, in the case of a housing association landlord, the Housing Corporation)” substitute “(or, in the case of a landlord of a property in England which is a private registered provider of social housing, from the Regulator of Social Housing)”.
In paragraph 4 of Part 2 of the Schedule to the Regulations, for “(or, in the case of a housing association landlord, the Housing Corporation)” substitute “(or, in the case of a landlord of a property in England which is a private registered provider of social housing, from the Regulator of Social Housing)”.
In paragraph 2 of Part 3 of the Schedule to the Regulations, after “registered social landlord” insert “or a private registered provider of social housing”.
In regulation 2(1) of the Income Support (General) Regulations 1987 (interpretation), in paragraph (i) of the definition of “service user group” for “registered provider” substitute “private registered provider of social housing”.
The Social Security (Claims and Payments) Regulations 1987 are amended as follows.
In paragraph 1(1) of Schedule 9 to the Regulations (interpretation), in the definition of “hostel”, in paragraph (b)(i), for “the Housing Corporation established by the Housing Act 1964” substitute “the Regulator of Social Housing or the Welsh Ministers”.
In paragraph 8(a) of Schedule 9A to the Regulations (qualifying lenders), for “Housing Corporation” substitute “Regulator of Social Housing”.
In regulation 5 of the New Towns (Transfer of Housing Stock) Regulations 1990 (approved persons), for “Housing Corporation”, wherever appearing, substitute “Regulator of Social Housing”.
In article 3(2) of the Housing (Extension of Right to Buy) Order 1993 (application of extension of right to buy), for “the Corporation” substitute “the Regulator of Social Housing or Welsh Ministers”.
In regulation 1(3) of the Jobseeker’s Allowance Regulations 1996 (interpretation), in paragraph (i) of the definition of “service user group” for “registered provider” substitute “private registered provider of social housing”.
The Social Landlords (Permissible Additional Purposes or Objects) Order 1996 is amended as follows.
In article 2(1) (interpretation) omit the definitions of “qualifying lending institution” and “regulated mortgage contract” as they apply in relation to English registered social landlords.
In article 3 (additional permissible purposes or objects) omit paragraph (d) as it applies in relation to English registered social landlords.
In regulation 9(4) of the Social Security Benefit (Computation of Earnings) Regulations 1996 (earnings of employed earners), in paragraph (i) of the definition of “service user group” for “registered provider” substitute “private registered provider of social housing”.
In the Schedule to the Leasehold Reform (Notices) Regulations 1997 —
(a) in paragraph 5 of the Notes to Form 1 and paragraph 4 of the Notes to Form 2, after “housing associations” insert “, private registered providers of social housing”, and
(b) in paragraph 8 of the Notes to Form 1 and paragraph 7 of the Notes to Form 2, after “housing association” insert “, a private registered provider of social housing”.
In Form 2 in the Schedule to the Long Residential Tenancies (Principal Forms) Regulations 1997 , in the outline of ground 14A in Note 12, after “registered social landlord” insert “, private registered provider of social housing”.
In regulation 5 of the Assured and Protected Tenancies (Letting to Students) Regulations 1998 (specified bodies), for paragraph (a) substitute—
(a) any housing association (as defined in section 1 of the Housing Associations Act 1985) which is—
(i) a private registered provider of social housing, or
(ii) a registered social landlord under Part 1 of the Housing Act 1996,
and which is not listed in Schedule 1 to these Regulations; and
In the National Minimum Wage Regulations 1999 , in regulation 31(5)(a) (reductions from payments to be taken into account) after “in England and Wales” delete the comma and insert—
—
(i) a private registered provider of social housing, and shall in addition include subsidiaries or associates as defined in Part 2 of the Housing and Regeneration Act 2008, or
(ii)
In article 3(3) of the Social Landlords (Additional Purposes or Objects) Order 1999 (priority of mortgages) omit the definitions of “qualifying lending institution” and “regulated mortgage contract” as they apply in relation to English registered social landlords.
In the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 1999 , in the entry in the table relating to the Regulator of Social Housing, for “registered social landlords” substitute “private registered providers of social housing”.
In regulation 10(b) of the Asylum Support (Interim Provisions) Regulations 1999 (assistance to those providing support), before “registered social landlord” insert “private registered provider of social housing or”.
In Part 4 of the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001 (persons exempt in respect of particular regulated activities), in paragraph 48(2) after sub-paragraph (a) insert—
(aa) a non-profit registered provider of social housing;
In regulation 1(2) of the State Pension Credit Regulations 2002 (interpretation), in paragraph (i) of the definition of “service user group” for “registered provider” substitute “private registered provider of social housing”.
In regulation 2 of the Allocation of Housing (England) Regulations 2002 (interpretation), in the definition of “family intervention tenancy” after “registered social landlord” insert “or a private registered provider of social housing”.
For article 4 of the Government Resources and Accounts Act 2000 (Rights of Access of Comptroller and Auditor General) Order 2003 (registered social landlords) substitute—
Private registered providers of social housing
(4)
(1) Section 8(1) of the Government Resources and Accounts Act 2000 shall apply in relation to relevant documents held or controlled by a body that is or was a private registered provider of social housing or a registered social landlord.
(2) In paragraph (1) —
(a) “registered social landlord” means a body which was registered as a social landlord in a register maintained under section 1 of the Housing Act 1996 before the commencement of section 278 of the Housing and Regeneration Act 2008 and in relation to whom the Relevant Authority was the Regulator of Social Housing (in accordance with section 56 of the Housing Act 1996), and
(b) “relevant documents” means documents that relate to the functions carried out by the private registered provider of social housing or the registered social landlord.
The Land Registration Rules 2003 are amended as follows.
In rule 183A (registration of registered social landlords and unregistered housing associations)—
(a) in the heading after “registered social landlords” insert “, private registered providers of social housing”, and
(b) after paragraph (1) insert—
(1A) If an applicant for registration as proprietor of a registered estate or a registered charge is, or holds on trust for, a private registered provider of social housing, the application must include a certificate to that effect.
In Schedule 4 (standard forms of restriction)—
(a) for Form W substitute—
(b) for Form X substitute—
(c) for Form Y, substitute—
(d) for Form KK substitute—
In regulation 2 of the Service Charges (Consultation Requirements) (England) Regulations 2003 (interpretation), in the definition of “RTB tenant” before “or section 16” insert “section 180 of the Housing and Regeneration Act 2008”.
In regulation 17(1) of the Local Authorities (Capital Finance and Accounting) (England) Regulations 2003 (provision of affordable housing), for “a social landlord registered under section 1 of the Housing Act 1996 (the register of social landlords)” substitute “a private registered provider of social housing”.
In article 2 of the Homelessness (Suitability of Accommodation) (England) Order 2003 (interpretation), in the definition of “B&B accommodation” for “a registered social landlord” substitute “a non-profit registered provider of social housing”.
For article 2(2)(f) of the Crime and Disorder Strategies (Prescribed Description) (England) Order 2004 (prescribed persons) substitute—
(f) a private registered provider of social housing which is a landlord of social housing (within the meaning of Part 2 of the Housing and Regeneration Act 2008) in that local government area.
In Schedules 7 and 8 to the Magistrates’ Courts (Parenting Orders) Rules 2004 after “registered social landlord”, in each place, insert “or non-profit registered provider of social housing”.
The Displaced Persons (Temporary Protection) Regulations 2005 are amended as follows.
In regulation 8(1) (housing: requests for assistance) after “(c) a registered social landlord;” insert—
(cc) a private registered provider of social housing;
In regulation 8(3) after “registered social landlord” insert “or a private registered provider of social housing”.
In regulation 23(10) of the Community Interest Company Regulations 2005 (distribution of assets on winding up) after “Housing Act 1996” insert “, Part 2 of the Housing and Regeneration Act 2008”.
The Housing (Right of First Refusal) (England) Regulations 2005 are amended as follows.
In regulation 8(2) (nomination of another person to accept an offer) for paragraph (a) substitute—
(a) are private registered providers of social housing; or
The Housing and Regeneration Act 2008 (Consequential Provisions) (No. 2) Order 2010 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-2010-671
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