The Social Housing (Regulation) Act 2023 (Commencement No. 2 and Saving Provisions) Regulations 2024

• Citation: S.I. 2024/437
• Sections: 5

Section 1 Citation, extent and interpretation

(1) — These Regulations may be cited as the Social Housing (Regulation) Act 2023 (Commencement No. 2 and Saving Provisions) Regulations 2024.

(2) These Regulations extend to England and Wales only, subject to paragraph (3).

(3) This regulation and regulation 2(f), (g), (w)(i) and (ii) and (x) extend to England and Wales, Scotland and Northern Ireland.

(4) In these Regulations—

“ the Act ” means the Social Housing (Regulation) Act 2023;

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

Section 2 Provisions coming into force on 1st April 2024

The following provisions of the Act come into force on 1st April 2024—

(a) section 3 (collection of information), in so far as it is not already in force;

(b) section 4 (power to charge fees);

(c) section 8 (designation);

(d) section 10 (appointment of health and safety lead by registered provider), except subsection (6);

(e) section 12 (moratorium on disposal of land);

(f) section 13 (limited liability partnerships), in so far as it relates to the provisions specified in paragraph (w);

(g) section 14 (insolvency of registered providers);

(h) section 15 (notification requirements: expansion to profit-making organisations);

(i) section 16 (conversion of company into registered society: continuation of registration);

(j) section 17 (restructuring of registered societies);

(k) section 18 (receipt of transfers of engagements from a registered society);

(l) section 19 (notification of constitutional changes);

(m) section 20 (notification of change of control);

(n) section 26 (failure to meet standards: exercise of intervention powers);

(o) section 28 (surveys);

(p) section 29 (inspection plan);

(q) section 30 (action after inspection);

(r) section 31 (performance improvement plans), except subsection (7);

(s) section 32 (emergency remedial action);

(t) section 36 (regulatory and enforcement powers: further amendments), in so far as it is not already in force;

(u) section 38 (meaning of “ subsidiary ”);

(v) section 43 (minor and consequential amendments), in so far as it is not already in force;

(w) in Schedule 1 (limited liability partnerships)—

(i) paragraph 1, in so far as it relates to the provisions specified in sub-paragraph (ii);

(ii) paragraphs 5 to 9;

(iii) Part 2, in so far as it is not already in force;

(x) Schedule 2 (amendments to restrictions on insolvency procedures);

(y) Schedule 3 (regulatory and enforcement powers), in so far as it is not already in force;

(z) Schedule 5 (minor and consequential amendments), in so far as it is not already in force.

Section 3 Saving provision: power to charge fees

The amendments made by section 4(1) to (6) of the Act (brought into force by regulation 2(b)) are of no effect in relation to—

(a) fees for initial registration where the application for initial registration is made before 1st July 2024;

(b) annual fees for continued registration which are payable in respect of a period which begins before 1st July 2024.

Section 4 Saving provision: moratorium on disposal of land

(1) The amendments made by section 12(2) and (3)(b), (d), (e) and (h) of the Act (brought into force by regulation 2(e)) are of no effect in relation to an event mentioned in section 145(2) of the 2008 Act which occurred before 1st April 2024 in respect of a private registered provider of social housing that is—

(a) a company within the meaning of Chapter 5 of Part 4 of the Housing and Planning Act 2016 ,

(b) a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 , or

(c) a charitable incorporated organisation within the meaning of Part 11 of the Charities Act 2011 .

(2) The amendments made by section 12(6)(a) to (g) of the Act (brought into force by regulation 2(e)) are of no effect in relation to proposals under section 152 of the 2008 Act if the Regulator of Social Housing consulted or began consulting under section 153(1) of that Act in relation to those proposals before 1st April 2024.

(3) The amendment made by section 12(6)(h) of the Act (brought into force by regulation (2)(e)) is of no effect in relation to proposals under section 152 of the 2008 Act for an amendment to agreed proposals if the Regulator of Social Housing consulted or began consulting under section 153(1) of the 2008 Act in relation to those proposals to amend agreed proposals before 1st April 2024.

Section 5 Saving provision: Regulator of Social Housing’s powers of enforcement

(1) The amendment made by paragraph 9 of Schedule 3 (brought into force by regulation 2(y)) is of no effect in relation to a notice given under section 252(1) of the 2008 Act before 1st April 2024.

(2) The amendment made by paragraph 10(a) of Schedule 3 (brought into force by regulation 2(y)) is of no effect in relation to an appointment made or requirement imposed under section 252A(3) of the 2008 Act before 1st April 2024.

(3) The amendments made by paragraphs 26 and 47(c) of Schedule 5 (brought into force by regulation 2(z)) are of no effect in relation to a decision referred to in section 218(1) of the 2008 Act that was made before 1st April 2024.

(4) The amendment made by paragraph 34 of Schedule 5 (brought into force by regulation 2(z)) is of no effect in relation to an order made under section 256 of the 2008 Act before 1st April 2024.

(5) The amendment made by paragraph 37 of Schedule 5 (brought into force by regulation 2(z)) is of no effect in relation to an order made under section 259 of the 2008 Act before 1st April 2024.

(6) The amendment made by paragraph 39 of Schedule 5 (brought into force by regulation 2(z)) is of no effect in relation to an order made under section 269(1) of the 2008 Act before 1st April 2024.

(7) The amendment made by paragraph 40 of Schedule 5 (brought into force by regulation 2(z)) is of no effect in relation to a censure notice given under section 269A of the 2008 Act before 1st April 2024.