The Charitable Incorporated Organisations (Notification Requirements: Social Housing) Regulations 2023

• Citation: S.I. 2023/1311
• Sections: 9

Section 1 Citation, commencement, extent, application and interpretation

(1) These Regulations may be cited as the Charitable Incorporated Organisations (Notification Requirements: Social Housing) Regulations 2023.

(2) These Regulations come into force on 1st April 2024.

(3) These Regulations extend to England and Wales.

(4) Subject to paragraph (5), these Regulations apply in England and Wales.

(5) Regulations 2, 4(1), 5(1), 6(2)(a), 7(2), 8 and 9 apply in England only.

(6) In these Regulations—

“ the 2008 Act ” means the Housing and Regeneration Act 2008 ;

“ the 2011 Act ” means the Charities Act 2011;

“ relevant CIO ” means a CIO that is a private registered provider of social housing .

Section 2 Communications with the Regulator of Social Housing

Section 169D of the 2008 Act applies in relation to notifications under regulations 4(1), 5(1), 6(2)(a), 7(2) and 8 as it does to notifications under the relevant sections of that Act.

Section 3 Communications with the Commission

Regulation 7 of the Charitable Incorporated Organisations (General) Regulations 2012 applies in relation to requirements to supply the Commission with a statement under regulations 4(2), 5(3), 6(2)(b) and 7(3) as it does to the requirement to send documents or information to the Commission under section 207 of the 2011 Act.

Section 4 Conversion of a relevant body into a CIO

(1) A relevant PRP must notify the Regulator of Social Housing if it passes a relevant resolution to convert into a CIO.

(2) A relevant PRP that applies to the Commission to be converted into a CIO, and for the CIO’s registration as a charity, must supply the Commission with a statement confirming that the Regulator of Social Housing has been notified in accordance with paragraph (1).

(3) The Commission must refuse such an application unless it is supplied with the statement mentioned in paragraph (2).

(4) In this regulation—

“ relevant PRP ” means a private registered provider of social housing that is—

a charitable company; or

a community interest company within the meaning of Part 2 of the Companies (Audit, Investigations and Community Enterprise) Act 2004 ;

“ relevant resolution ” means—

in the case of a charitable company, a resolution that complies with section 228(4) of the 2011 Act;

in the case of a community interest company, a resolution that complies with regulation 4(4) of the Charitable Incorporated Organisations (Conversion) Regulations 2017 .

Section 5 Amalgamation of CIOs

(1) A relevant CIO must notify the Regulator of Social Housing if it passes a resolution that complies with section 235(4) of the 2011 Act approving a proposed amalgamation with one or more other CIOs.

(2) Paragraph (3) applies where—

(a) any two or more CIOs (“the old CIOs”) make an application under section 235 of the Charities Act 2011; and

(b) at least one of those CIOs is a relevant CIO.

(3) The old CIOs must supply the Commission with a statement confirming that the Regulator of Social Housing has been notified in accordance with paragraph (1).

(4) The Commission must refuse such an application unless it is supplied with the statement mentioned in paragraph (3).

Section 6 Transfer of relevant CIO’s undertaking

(1) This regulation applies where a relevant CIO passes a resolution that complies with section 240(3) of the 2011 Act that all its property, rights and liabilities are to be transferred to another CIO.

(2) The transferor CIO must—

(a) notify the Regulator of Social Housing of the resolution mentioned in paragraph (1); and

(b) supply the Commission with a statement confirming that the Regulator of Social Housing has been notified in accordance with sub-paragraph (a).

(3) The Commission must refuse to confirm the resolution of the transferor CIO unless it is supplied with the statement mentioned in paragraph (2)(b).

Section 7 Receipt of another CIO’s undertaking by a relevant CIO

(1) This regulation applies where a CIO that is not a private registered provider of social housing passes a resolution that complies with section 240(3) of the 2011 Act that all its property, rights and liabilities are to be transferred to a relevant CIO.

(2) The relevant CIO must notify the Regulator of Social Housing of the resolution mentioned in paragraph (1).

(3) The transferor CIO must supply the Commission with a statement confirming that the Regulator of Social Housing has been notified in accordance with paragraph (2).

(4) The Commission must refuse to confirm the resolution of the transferor CIO unless it is supplied with the statement mentioned in paragraph (3).

Section 8 Voluntary arrangements

A relevant CIO must notify the Regulator of Social Housing of any voluntary arrangement under Part 1 of the Insolvency Act 1986 .

Section 9 Restructuring of CIOs: registration of successor bodies by the Regulator of Social Housing

(1) Where the Regulator of Social Housing receives a notification under regulation 5 or 6, section 163A of the 2008 Act applies with the modifications specified in paragraph (2).

(2) The modifications are as follows—

(a) the heading has effect as if for “registered societies” there were substituted “charitable incorporated organisations” ;

(b) subsection (1) has effect as if there were substituted—

(1) This section applies where—

(a) a registered provider that is a CIO notifies the regulator of a resolution that complies with section 235(4) of the Charities Act 2011 approving a proposed amalgamation with one or more other CIOs;

(b) a registered provider that is a CIO notifies the regulator of a resolution that complies with section 240(3) of that Act that all its property, rights and liabilities are to be transferred to a CIO that is not a registered provider.

(c) subsection (3) has effect as if there were substituted—

(3) In this section—

“ CIO ” has the meaning given by section 204 of the Charities Act 2011;

“ the successor body ” means—

if the relevant resolution is a resolution described in paragraph (a) of subsection (1), the body created by virtue of that resolution or by virtue of that resolution and other resolutions described in that paragraph, and

if the relevant resolution is a resolution described in paragraph (b) of subsection (1), the body to which the property, rights and liabilities of the registered provider are to be transferred.