The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010

• Citation: S.I. 2010/844
• Sections: 109

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010.

(2) Articles 3 to 6 and Schedules 1 and 2 come into force on 1st April 2010.

(3) The remaining provisions of this Order come into force on the day after the day on which this Order is made.

(4) An amendment or repeal made by this Order has the same extent as the provision to which it relates.

Section 2 Interpretation

In this Order, “ the Act ” means the Housing and Regeneration Act 2008.

Section 3 Requirement to register

(1) The regulator shall register an English local authority if the regulator becomes aware that the authority—

(a) is a provider of social housing, or

(b) intends to become a provider of social housing.

(2) Once registered, the authority remains registered unless and until removed under section 118(4) of the Act (inserted by Schedule 1 to this Order).

(3) In this article—

“English local authority” means—

a local housing authority in England, or

a county council in England;

“register” means enter in the register established under Chapter 3 of Part 2 of the Act.

Section 4 Removal of exception for persons controlled by local authorities

In section 113 of the Act (local authority non-registrable bodies), subsections (4), (5) and (6) are omitted.

Section 5 Amendment of Part 2

Part 2 of the Act is further amended as provided in Schedule 1.

Section 6 Amendment of other enactments

The enactments mentioned in Schedule 2 are amended as provided there.

Section 7 Transitional provision

(1) In relation to English local authorities that will be registered by virtue of article 3, the powers mentioned in paragraph (2) may be exercised before the date on which that article comes into force for the purpose of giving full effect to it on or after that date.

(2) The powers are—

(a) the power to set standards under section 193 of the Act,

(b) the power to issue a code of practice under section 195 of the Act, and

(c) the power to give directions under section 197 of the Act.

(3) For that purpose—

(a) consultation with one or more bodies appearing to the regulator or, as the case may be, the Secretary of State to represent the interests of potential registrants is sufficient to satisfy the requirements of section 196(1)(a) or, as the case may be, 197(4)(f) of the Act, and

(b) consultation in accordance with the provisions of section 196(1) or, as the case may be, 197(4) of the Act (as modified by paragraph (a)) is sufficient to satisfy the requirements of those provisions even if it is carried out before this Order is made.

(4) “Potential registrants” means English local authorities that may be required to be registered when article 3 comes into force.

Section 1

In section 60 (structural overview), in the Table in subsection (4)—

(a) in the third column of the entry for Chapter 5, at the end insert “by private registered providers”,

(b) in the second column of the entry for Chapter 7, for “269” substitute “269B”, and

(c) in the fourth column of the entry for Chapter 7, at the end insert—

(h) Censure of local authority employees

Section 2

(1) Section 75 (leaving the social housing stock: disposal with consent) is amended as follows.

(2) After subsection (1) insert—

(1A) A dwelling ceases to be social housing if it is—

(a) disposed of with the Secretary of State’s consent in accordance with section 32 or 43 of the Housing Act 1985 (disposals by local authorities),

(b) appropriated with the Secretary of State’s consent in accordance with section 19(2) of that Act (appropriation by local authorities for some other purpose), or

(c) disposed of by a local authority with the Secretary of State’s consent in accordance with any other enactment.

(3) In subsections (2) and (3), for “Subsection (1) does” substitute “Subsections (1) and (1A) do”.

Section 3

In section 76 (leaving the social housing stock: regulator’s direction), after subsection (2) insert—

(3) A direction may not be made if the provider is a local authority.

Section 4

In section 79 (English bodies), in subsection (1)(e)(i), after “ 1996 (c. 52) ” insert “or a local authority in Wales”

Section 5

In section 80 (provider of social housing), after subsection (2) insert—

(3) Persons listed in the register who are not local authorities—

(a) may be referred to in an enactment or other instrument as “private registered providers of social housing”, and

(b) are referred to in this Part as “private registered providers”.

Section 6

In section 94 (studies), after subsection (2) insert—

(3) Nothing in subsection (1) permits the regulator, in relation to local authorities, to carry out or commission studies about the performance of housing functions other than their functions as a provider of social housing.

Section 7

In section 95 (financial assistance), in subsection (3), for “a registered provider” substitute “a private registered provider”.

Section 8

In section 96 (evidence), in paragraph (d), at the beginning insert “the Commission for Local Administration in England or”.

Section 9

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Section 10

In section 107 (collection), in subsection (1), for paragraph (b) substitute—

(b) activities which are or may be carried out by—

(i) a person who is, or who has applied to become, a registered provider, or

(ii) a local authority in England which the regulator thinks may be, or may become, a provider of social housing.

Section 11

(1) Section 112 (eligibility for registration) is amended as follows.

(2) In subsection (4)(b), for “registered providers” substitute “private registered providers”.

(3) After subsection (4) insert—

(5) Section 114 deals with bodies falling within the exceptions in section 113.

(4) The heading becomes “Eligibility for voluntary registration”.

Section 12

The heading to section 113 becomes “Section 112: exceptions”.

Section 13

After section 114 insert—

Local authorities: duty to notify

(114A)

(1) A local authority in England which is not subject to compulsory registration must notify the regulator as soon as it becomes subject to compulsory registration.

(2) For these purposes, an authority is subject to compulsory registration if—

(a) it is a provider of social housing, or

(b) it intends to become a provider of social housing.

Section 14

In section 115 (profit-making and non-profit organisations), after subsection (9) insert—

(10) Subsection (1) does not apply to the entry of a local authority in the register (and, accordingly, references to “profit-making” and “non-profit” in connection with a registered provider do not refer to a local authority).

Section 15

(1) Section 116 (entry) is amended as follows.

(2) In subsection (1)(a), after “registration” insert “under section 112(1)”.

(3) In subsection (4), after “entered” insert “in the register under this section”.

(4) In subsection (5), after “in the register” insert “under this section”.

(5) After subsection (5) insert—

(6) This section deals with voluntary registration; for the registration of local housing authorities and county councils, see section 114.

(6) The heading becomes “Entry in the register: voluntary registration”.

Section 16

In section 117 (fees), for subsections (1) and (2) substitute—

(1) The regulator may charge—

(a) a fee for initial registration, and

(b) an annual fee for continued registration.

(2) Except in the case of a local authority, the regulator may make initial or continued registration conditional upon payment of the fee.

Section 17

(1) Section 118 (de-registration: compulsory) is amended as follows.

(2) In subsection (1), for “body” substitute “private registered provider”.

(3) After subsection (3) insert—

(4) The regulator shall remove a local authority from the register if the regulator becomes aware that the authority—

(a) is no longer a provider of social housing, or

(b) no longer intends to become a provider of social housing (in the case of an authority which intended to become one but did not in fact do so).

Section 18

In section 119 (de-registration: voluntary), in subsection (1), for “registered provider” substitute “private registered provider”.

Section 19

(1) Section 120 (notice) is amended as follows.

(2) In subsection (1)—

(a) omit “and” at the end of paragraph (b), and

(b) at the end of paragraph (c) insert—

, and

(d) in the case of a local authority, the Secretary of State.

(3) In subsection (2), at the beginning insert “Except in the case of a local authority,”.

Section 20

In section 123 (disposal of property), at the end insert “by private registered providers”.

Section 21

In section 126 (sustainable community strategies), for “registered provider” substitute “private registered provider”.

Section 22

In section 127 (directions)—

(a) in subsection (1), for “registered providers” substitute “private registered providers”, and

(b) in subsection (6), for “registered providers” substitute “private registered providers”.

Section 23

(1) Section 128 (submission to regulator) is amended as follows.

(2) In subsection (1), for “registered provider” substitute “private registered provider”.

(3) After subsection (3) insert—

(4) Each local authority which is a registered provider shall send copies of the following documents to the regulator so far as they relate to the provision of social housing—

(a) any immediate report made under section 8 of the Audit Commission Act 1998 (immediate and other reports in public interest) in relation to its accounts;

(b) its audited accounts, accompanied by any report made under that section at the conclusion of the audit.

(5) The local authority shall send the copies to the regulator as soon as the authority receives them.

Section 24

In section 141 (offences), for “registered provider”, in each place where it occurs, substitute “private registered provider”.

Section 25

In section 142 (High Court), in subsection (1), for “registered provider” substitute “private registered provider”.

Section 26

In section 143 (disclosure), in subsection (1)(a) and (b), for “registered provider” substitute “private registered provider”.

Section 27

After the italic heading “Insolvency etc ” and before section 144 insert—

Application of rules about insolvency

(143A) This group of sections does not apply to local authorities.

Section 28

In section 144 (preparatory steps: notice), in the first entry in the Table, for “registered provider” substitute “private registered provider”.

Section 29

In section 145 (moratorium)—

(a) in subsections (1) and (2), for “registered provider” substitute “private registered provider”, and

(b) in the first entry in the Table, for “registered provider” substitute “private registered provider”.

Section 30

In section 147 (further moratorium), in subsection (1)(a), for “registered provider” substitute “private registered provider”.

Section 31

In section 158 (assistance by regulator), in subsections (1) and (2), for “a registered provider” substitute “the registered provider”.

Section 32

In section 159 (applications to court)—

(a) in subsection (1), for “A registered provider” substitute “A private registered provider”, and

(b) in subsection (2), for “a registered provider” substitute “a private registered provider”.

Section 33

After the italic heading “Restructuring and dissolution” and before section 160 insert—

Application of rules about restructuring and dissolution

(159A) This group of sections does not apply to local authorities.

Section 34

At the end of the main heading to Chapter 5 insert “by private registered providers”.

Section 35

In section 170 (overview), for “registered providers” substitute “private registered providers”.

Section 36

In section 171 (power to dispose)—

(a) in subsection (1), for “registered provider” substitute “private registered provider”, and

(b) in subsection (2), at the end insert “or to a local authority which is a registered provider”.

Section 37

In section 172 (requirement of consent), in subsection (1), for “registered provider” substitute “private registered provider”.

Section 38

In section 174 (procedure), in subsection (5)(b), for “registered providers” substitute “private registered providers”.

Section 39

In section 175 (disposal without consent), in subsection (1), for “registered provider” substitute “private registered provider”.

Section 40

In section 177 (separate accounting), in subsection (1), for “registered provider” substitute “private registered provider”.

Section 41

In section 178 (use of proceeds), in subsection (1), for “registered provider’s” substitute “private registered provider’s”.

Section 42

In section 179 (application of Housing Act 1996)—

(a) in subsection (1), for “registered providers” substitute “private registered providers”, and

(b) in subsection (3)(a), for “registered provider” substitute “private registered provider”.

Section 43

In section 180 (right to acquire)—

(a) in subsection (1)(a), for “registered provider” substitute “private registered provider”, and

(b) in subsection (3), for “registered provider” substitute “private registered provider”.