PART 2 continued CHAPTER 5 continued
(1) In section 16 of the Housing Act 1996 (right to acquire)—
(a) for subsection (1) substitute—
“(1) The tenant of a dwelling in Wales has a right to acquire the dwelling if—
(a) the landlord is a registered social landlord or a registered provider of social housing,
(b) the tenancy is—
(i) an assured tenancy, other than an assured shorthold tenancy or a long tenancy, or
(ii) a secure tenancy,
(c) the dwelling was provided with public money and has remained in the social rented sector, and
(d) the tenant satisfies any further qualifying conditions applicable under Part V of the Housing Act 1985 (the right to buy) as it applies in relation to the right conferred by this section.”,
(b) in subsection (2)(c) after “registered social landlord” insert “or a registered provider of social housing”, and
(c) in subsection (3)(a) and (b)(ii) after “registered social landlord” insert “, a registered provider of social housing”.
(2) In section 16A(1) (extension of section 16 to dwellings funded by grants under section 27A) after the first “dwelling” insert “in Wales”.
(3) In section 20 (purchase grant where right to acquire exercised)—
(a) in subsection (1) after “landlords” insert “and registered providers of social housing”, and
(b) in subsection (4) after “landlord” insert “or registered provider of social housing”.
(4) In section 21 (purchase grant in respect of other disposals)—
(a) in subsection (1)—
(i) after “landlords” insert “and registered providers of social housing”, and
(ii) after “dwellings” insert “in Wales”,
(b) in subsection (2)—
(i) after “section 16” insert “or by section 180 of the Housing and Regeneration Act 2008”, and
(ii) for “landlord's” substitute “landlord or provider (as the case may be)”, and
(c) in subsection (4) after “landlord” insert “or registered provider of social housing”.
Where a person ceases to be a registered provider, sections 171 to 175 continue to apply in respect of any property owned by the person at any time when it was registered.
(1) Where the regulator’s consent is required for the disposal of a dwelling by a registered provider, sections 172 to 175 continue to apply in relation to a disposal of the land by the registered provider even if the land has ceased to be a dwelling.
(2) Sections 172 to 175 also apply in relation to a disposal of land by a registered provider which would fall within Exception 2 or 3 of section 173 but for a change of use of the land by the registered provider.
Section 39 of the Settled Land Act 1925 (c. 18) (disposal by trustees: best price etc.) shall not apply to the disposal of land by a registered provider.
Nothing in this Chapter authorises a charity to effect a disposal which it would not otherwise have power to effect.
The Secretary of State’s functions under the following provisions are transferred to the regulator in so far as they relate to disposals by registered providers—
(a) section 171D of the Housing Act 1985 (c. 68) (consent to certain disposals of housing subject to the preserved right to buy),
(b) sections 81 and 133 of the Housing Act 1988 (c. 50) (consent to certain disposals of housing obtained from housing action trusts or local authorities), and
(c) section 173 of the Local Government and Housing Act 1989 (c. 42) (consent to certain disposals of housing obtained from new town corporations).
(1) In section 171D of the Housing Act 1985 (consent to certain disposals of housing obtained subject to the preserved right to buy)—
(a) in subsection (2) (consent) for “Secretary of State” substitute “appropriate authority”, and
(b) after that subsection insert—
“(2A) “The appropriate authority” means—
(a) in relation to a disposal of land in England by a registered provider of social housing, the Regulator of Social Housing,
(b) in relation to any other disposal of land in England, the Secretary of State, and
(c) in relation to a disposal of land in Wales, the Welsh Ministers.”
(2) In section 81 of the Housing Act 1988 (consent to certain disposals of housing obtained from housing action trusts)—
(a) in subsection (3) (consent) for “Secretary of State” substitute “appropriate authority”,
(b) after that subsection insert—
“(3A) In this section “the appropriate authority” means—
(a) in relation to a disposal of land in England by a registered provider of social housing, the Regulator of Social Housing,
(b) in relation to any other disposal of land in England, the Secretary of State, and
(c) in relation to a disposal of land in Wales, the Welsh Ministers.”,
(c) in subsection (5) (consultation of tenants) for “Secretary of State” substitute “appropriate authority”,
(d) in subsection (5)(a) for “himself” substitute “itself”, and
(e) omit subsection (6) (consultation of Housing Corporation).
(3) In section 133 of that Act (consent to certain disposals of housing obtained from local authorities)—
(a) in subsection (1) (consent) for “Secretary of State” substitute “appropriate authority”,
(b) after that subsection insert—
“(1ZA) In this section “the appropriate authority” means—
(a) in relation to a disposal of land in England by a registered provider of social housing, the Regulator of Social Housing,
(b) in relation to any other disposal of land in England, the Secretary of State, and
(c) in relation to a disposal of land in Wales, the Welsh Ministers.”,
(c) after subsection (1A) insert—
“(1B) This section does not apply to a disposal of land by a registered provider of social housing unless the land is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008.”,
(d) in subsection (3)(c) (modification of certain provisions applied for the purposes of section 133) after “this section,” insert “any reference to the appropriate national body shall be construed as a reference to the appropriate authority and”,
(e) in subsection (5) (consultation of tenants) for “Secretary of State” substitute “appropriate authority”,
(f) in subsection (5)(a) for “himself” substitute “itself”, and
(g) omit subsection (6) (consultation of Housing Corporation).
(4) In section 173 of the Local Government and Housing Act 1989 (c. 42) (consent to certain disposals of housing obtained from new town corporations)—
(a) in subsection (1)(a) (consent) for “Secretary of State” substitute “appropriate authority”,
(b) after subsection (1) insert—
“(1A) In this section “the appropriate authority” means—
(a) in relation to a disposal of land in England by a registered provider of social housing, the Regulator of Social Housing,
(b) in relation to any other disposal of land in England, the Secretary of State, and
(c) in relation to a disposal of land in Wales, the Welsh Ministers.”,
(c) in subsection (5) (consultation of tenants) for “Secretary of State” substitute “appropriate authority”,
(d) in subsection (5)(a) for “himself” substitute “itself”, and
(e) omit subsection (6) (consultation of Housing Corporation).
This Chapter—
(a) allows the regulator to set standards for the provision of social housing (sections 193 to 198),
(b) gives the regulator powers to monitor compliance (sections 199 to 210),
(c) gives the regulator a degree of control over the governance of non-profit registered providers (sections 211 to 214),
(d) requires the regulator to give guidance about complaints relating to registered providers and about the use of its powers under this Chapter and Chapter 7 (sections 215 and 216), and
(e) allows the regulator to arrange for the accreditation of managers of social housing (section 217).
(1) The regulator may set standards for registered providers as to the nature, extent and quality of accommodation, facilities or services provided by them in connection with social housing.
(2) Standards under subsection (1) may, in particular, require registered providers to comply with specified rules about—
(a) criteria for allocating accommodation,
(b) terms of tenancies,
(c) levels of rent (and the rules may, in particular, include provision for minimum or maximum levels of rent or levels of increase or decrease of rent),
(d) maintenance,
(e) procedures for addressing complaints by tenants against landlords,
(f) methods for consulting and informing tenants,
(g) methods of enabling tenants to influence or control the management of their accommodation and environment,
(h) policies and procedures required by section 218A of the Housing Act 1996 (c. 52) in connection with anti-social behaviour,
(i) landlords' contribution to the environmental, social and economic well-being of the areas in which their property is situated, and
(j) estate management.
(3) In setting standards the regulator shall have regard to the desirability of registered providers being free to choose how to provide services and conduct business.
(1) The regulator may set standards for registered providers in matters relating to the management of their financial and other affairs.
(2) In respect of profit-making registered providers, standards may be made in relation to the management of their affairs only so far as relating to the provision of social housing.
(3) In setting standards the regulator shall have regard to the desirability of registered providers being free to choose how to provide services and conduct business.
(1) The regulator may issue a code of practice which—
(a) relates to a matter addressed by a standard, and
(b) amplifies the standard.
(2) In considering whether standards have been met the regulator may have regard to a code of practice.
(3) The regulator may revise or withdraw a code of practice.
(4) The regulator shall make arrangements for bringing a code of practice to the attention of registered providers.
(1) Before setting standards, or issuing, revising or withdrawing a code of practice, the regulator shall consult the following or ensure that they have been consulted—
(a) one or more bodies appearing to it to represent the interests of registered providers,
(b) one or more bodies appearing to it to represent the interests of secured creditors of registered providers,
(c) one or more bodies appearing to it to represent the interests of tenants of social housing,
(d) the Audit Commission for Local Authorities and the National Health Service in England,
(e) one or more bodies appearing to it to represent the interests of local housing authorities,
(f) the HCA, and
(g) the Secretary of State.
(2) Before setting a standard which would apply to charities, or issuing, revising or withdrawing a code of practice which applies or would apply to charities, the regulator must consult the Charity Commission.
(1) The Secretary of State may direct the regulator—
(a) to set a standard under section 193,
(b) about the content of standards under section 193, or
(c) to have regard to specified objectives when setting standards under section 193 or 194.
(2) The Secretary of State may give a direction under subsection (1)(a) or (b) only if it relates, in the Secretary of State’s opinion, to—
(a) quality of accommodation,
(b) rent, or
(c) involvement by tenants in the management by registered providers of accommodation.
(3) In deciding whether to give a direction the Secretary of State shall, in particular, have regard to the regulator’s fundamental objectives.
(4) Before giving a direction the Secretary of State must consult—
(a) the regulator,
(b) the HCA,
(c) the Audit Commission for Local Authorities and the National Health Service in England,
(d) one or more bodies appearing to the Secretary of State to represent the interests of local housing authorities,
(e) one or more bodies appearing to the Secretary of State to represent the interests of tenants of social housing, and
(f) one or more bodies appearing to the Secretary of State to represent the interests of registered providers.
(5) Before giving a direction about a standard which would apply to charities the Secretary of State must consult the Charity Commission.
(6) A direction may disapply the requirement to consult under section 196 in relation to specified matters.
(7) The regulator shall comply with any direction.
(8) The Secretary of State shall publish—
(a) each proposed direction that is the subject of a consultation,
(b) each response to a consultation, and
(c) each direction.
(1) Failure to meet a standard is a ground for exercising a power in this Chapter or Chapter 7.
(2) The regulator shall make arrangements for bringing standards to the attention of registered providers.
(3) The regulator may revise or withdraw standards; and section 196 applies to revising or withdrawing standards as to setting standards.
(4) Standards may be expressed by reference to documents prepared by others.
(5) Standards—
(a) may make provision generally or only in relation to specified cases, circumstances or areas, and
(b) may make different provision for different cases, circumstances or areas.
(1) This section applies where the regulator suspects that a registered provider may be failing to maintain premises in accordance with standards under section 193.
(2) The regulator may arrange for a survey of the condition of the premises by an authorised person.
(3) In subsection (2) “authorised person” means a member of the regulator’s staff, or another person, authorised in writing by the regulator for the purposes of this section.
(4) An authorised person may enter the premises at any reasonable time and carry out the survey.
(5) Before carrying out the survey an authorised person must give the registered provider at least 28 days' notice.
(6) A registered provider who receives notice of a survey must give each occupier of the premises at least 7 days' notice.
(7) After carrying out a survey an authorised person must produce a written report.
(8) The regulator must give the registered provider a copy of the report.
(1) An authorised person carrying out a survey, or seeking to enter premises in order to carry out a survey, must produce a copy of the authorisation on request by an occupier.
(2) The regulator may require the registered provider to pay some or all of the costs of the survey and report.
(3) A registered provider who fails without reasonable excuse to comply with section 199(6) commits an offence.
(4) A registered provider, or an officer of a registered provider, who obstructs an authorised person in exercising a power under section 199 commits an offence.
(5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(6) Proceedings for an offence under this section may be brought only by or with the consent of—
(a) the regulator, or
(b) the Director of Public Prosecutions.
(1) The regulator may arrange for a person to inspect—
(a) a registered provider’s performance of its functions in relation to the provision of social housing, or
(b) the financial or other affairs of a registered provider.
(2) The person must not be a member of the regulator’s staff.
(3) If the purpose (or main purpose) of an inspection is to assess a registered provider’s performance by reference to standards under section 193 the regulator—
(a) shall invite the Audit Commission to carry out the inspection, and
(b) may arrange for another person to carry out the inspection only if the Audit Commission declines.
(4) The regulator may direct a person carrying out an inspection to discontinue it.
(5) An inspection may be general or specific.
(6) The regulator shall reimburse costs incurred by the Audit Commission in carrying out an inspection.
(7) If the regulator arranges for a person other than the Audit Commission to carry out an inspection the arrangements may include provision about payments.
(8) In this section and sections 202 and 203 “the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England.
(1) After carrying out an inspection under section 201 the person carrying out the inspection must produce a written report.
(2) The regulator—
(a) must give the registered provider a copy of the report, and
(b) may publish the report and related information.
(3) The person who carried out the inspection may publish the report and related information (whether or not the regulator has done so).
(4) The Secretary of State may by order authorise the regulator to charge fees for inspections.
(5) An inspected registered provider must pay any fee charged.
(6) Before making an order the Secretary of State shall consult—
(a) the regulator,
(b) one or more bodies appearing to the Secretary of State to represent the interests of registered providers,
(c) the Audit Commission, and
(d) such other persons as the Secretary of State thinks appropriate.
(7) The regulator shall prescribe a scale of fees for inspections, having consulted—
(a) the Secretary of State,
(b) one or more bodies appearing to the regulator to represent the interests of registered providers, and
(c) the Audit Commission.
(1) An inspector may by notice require a person to provide specified documents or information.
(2) The power under subsection (1) may be exercised only in relation to documents and information of a kind in respect of which the regulator can impose a requirement under section 107.
(3) Sections 107(3) to (7) and 108 apply for the purposes of subsection (1) (with any necessary modifications).
(4) An inspector may at any reasonable time—
(a) enter premises occupied by the registered provider which is being inspected, and
(b) inspect, copy or take away documents found there.
(5) The reference to documents found on premises includes—
(a) documents stored on computers or electronic storage devices on the premises, and
(b) documents stored elsewhere which can be accessed by computers on the premises.
(6) The power to inspect documents includes the power to inspect any computer or electronic storage device on which they have been created or stored.
(7) An inspector may require any person on the premises to provide such facilities or assistance as the inspector reasonably requests.
(8) For the purposes of subsections (5) and (6) an inspector may require any person having charge of a computer to provide such assistance as the inspector reasonably requests.
(9) It is an offence for a person without reasonable excuse to obstruct an inspector exercising the powers conferred by subsections (4) to (8).
(10) A person guilty of an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(11) Proceedings for an offence may be brought only by or with the consent of—
(a) the regulator, or
(b) the Director of Public Prosecutions.
(12) In this section “inspector” means—
(a) a person authorised in writing by the Audit Commission to exercise the powers under this section for the purpose of an inspection carried out by the Audit Commission under section 201, or
(b) a person authorised in writing by the regulator to exercise the powers under this section for the purpose of any other inspection under that section.
(1) The regulator may require a registered provider—
(a) to prepare an annual report assessing the provider’s performance by reference to standards under section 193 or 194, and
(b) to send the report to the regulator within a specified period.
(2) A requirement may specify matters to be covered by a report.
(3) Failure to comply with a requirement without reasonable excuse is an offence.
(4) A person guilty of an offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(5) Proceedings for an offence may be brought only by or with the consent of—
(a) the regulator, or
(b) the Director of Public Prosecutions.
(1) The regulator shall publish, at least once a year, information about the performance of registered providers.
(2) In particular, the regulator shall include information likely to be useful to—
(a) tenants,
(b) potential tenants, and
(c) local authorities.
(1) If the regulator suspects that the affairs of a registered provider may have been mismanaged, the regulator may hold an inquiry.
(2) The regulator shall appoint one or more individuals to conduct the inquiry.
(3) An individual is eligible for appointment only if the individual is independent of the regulator.
(4) Individuals are independent of the regulator if they and the members of their family—
(a) are not members, employees or consultants of the regulator, and
(b) have not been members or employees of the regulator within the previous five years.
(5) “Consultant” means an individual providing services to the regulator otherwise than by virtue of employment with the regulator or an appointment under this section.
(1) The individual or individuals conducting an inquiry (“the inquirer”) shall determine its procedure.
(2) The inquirer may consider the affairs of a profit-making registered provider only so far as relating to social housing.
(3) The inquirer may consider affairs of a body which at the material time was a subsidiary or associate of the registered provider.
(4) The inquirer may make interim reports.
(5) The inquirer shall make a final report on matters specified by the regulator.
(6) The regulator may arrange for the publication of all or part of an interim or final report.
(7) A local authority may contribute to the regulator’s expenses in connection with an inquiry.
(1) The inquirer may by notice require a person to provide specified documents or information.
(2) The notice may, in particular, require evidence to be given on oath (and the inquirer may administer oaths for that purpose).
(3) The power under subsection (1) may be exercised only in relation to documents and information of a kind in respect of which the regulator can impose a requirement under section 107.
(4) Sections 107(3) to (7) and 108 apply for the purposes of this section (with any necessary modifications).