(1) A body may appeal to the High Court against a decision of the regulator—
(a) to refuse to register it,
(b) to de-register it under section 118(1), ...
(c) to refuse to de-register it,
(d) to designate it as a non-profit organisation or as a profit-making organisation (as the case may be), or
(e) to change its registered designation.
(1A) An appeal under this section must be brought within the period of 28 days beginning with the day on which the body is notified of the decision it is appealing.
(2) The regulator shall not de-register a body during the appeal period.
(2A) The “appeal period” means—
(a) where an appeal is brought, the period beginning with the day on which notice of the decision appealed against is given and ending with the day on which the appeal is finally determined or withdrawn, and
(b) otherwise, the period during which an appeal could be brought.
(2B) Subsections (1A) to (2A) do not apply to a decision of the regulator to de-register a body under section 118(1)(c).
(3) The Secretary of State may by order provide for the First-tier Tribunal to have jurisdiction under this section instead of the High Court.
(1) This section restricts the making of gifts, and the payment of dividends and bonuses, by a non-profit registered provider to—
(a) a member or former member of the registered provider,
(b) a member of the family of a member or former member,
(c) a company which has as a director a person within paragraph (a) or (b).
(2) A gift may be made, and a dividend or bonus may be paid, only if it falls within one of the following permitted classes.
(3) Class 1 is payments which—
(a) are in accordance with the constitution of the registered provider, and
(b) are due as interest on capital lent to the provider or subscribed in its shares.
(4) Class 2 is payments which—
(a) are paid by a fully mutual housing association (within the meaning of section 1(2) of the Housing Associations Act 1985 (c. 69)),
(b) are paid to former members of the association, and
(c) are due under—
(i) tenancy agreements with the association, or
(ii) agreements under which the former members became members of the association.
(5) Class 3 is payments which—
(a) are in accordance with the constitution of the registered provider making the payment (“the payer”), and
(b) are made to a registered provider which is a subsidiary or associate of the payer.
(5A) Class 4 is payments which—
(a) are in accordance with the constitution of the registered provider,
(b) are paid for the benefit of tenants of the provider, and
(c) are in any particular case paid to assist the tenant to obtain other accommodation by acquiring a freehold, or long-leasehold, interest in a dwelling.
(5B) For the purposes of subsection (5A)—
“ long-leasehold interest ”, in relation to a dwelling, means the lessee's interest under a lease of the dwelling granted, for a premium, for a term certain exceeding 21 years;
“ acquiring ”, in relation to a long-leasehold interest in a dwelling, includes acquiring by grant and acquiring by assignment.
(6) If a registered provider contravenes this section—
(a) it may recover the wrongful gift or payment as a debt from the recipient, and
(b) the regulator may require it to take action to recover the gift or payment.
(7) The Secretary of State may by order amend this section for the purpose of—
(a) adding to the permitted classes, or
(b) modifying or removing a permitted class added by order under this subsection.
(8) Before making an order under subsection (7), the Secretary of State must consult—
(a) the Charity Commission,
(b) the regulator, and
(c) one or more bodies appearing to the Secretary of State to represent the interests of registered providers.
(1) In section 51 of, and Schedule 2 to, the Housing Act 1996 (c. 52) (schemes for investigation of complaints by housing ombudsmen) for “Relevant Authority”, wherever appearing, substitute “ Regulator of Social Housing ”.
(2) In section 51 of that Act—
(a) for subsection (2)(a) substitute—
(a) a registered provider of social housing,
,
(b) in subsection (2)(d) after “registered with” insert “ the Regulator of Social Housing or ”, and
(c) at the end add—
(7) Section 52 shall apply to an order under subsection (4) (with any necessary modifications).
(3) In paragraph 6(2) of Schedule 2 to that Act (grants) for “Housing Corporation”, in both places, substitute “ Regulator of Social Housing ”.
(4) In paragraph 11(4) of Schedule 2 to that Act, omit—
(a) “or the Housing Corporation”, and
(b) “or, as the case may be, the Housing Corporation”.
(5) At the end of Schedule 2 to that Act add—
General provision about orders
12 Section 52 shall apply to an order of the Secretary of State under this Schedule (with any necessary modifications).
(1) A registered provider may give the regulator an undertaking in respect of any matter concerning social housing.
(2) The regulator may prescribe a procedure to be followed in giving an undertaking.
(3) In exercising a power under Chapter 6 or 7 the regulator must have regard to any undertaking offered or given.
(4) The regulator may found a decision about whether to exercise a power under Chapter 6 or 7 wholly or partly on the extent to which an undertaking has been honoured.
(1) A registered provider must designate an individual to carry out the functions in section 126B.
(2) The individual designated under subsection (1) is referred to in this Part as the “health and safety lead” for the registered provider.
(3) The health and safety lead must be—
(a) in the case of a private registered provider—
(i) if the provider has at least 15 employees, an employee of the provider;
(ii) otherwise, an employee or officer of the provider;
(b) in the case of a local authority which operates executive arrangements and has a leader and cabinet executive (England)—
(i) the executive leader,
(ii) another member of the executive, or
(iii) an employee of the authority;
(c) in the case of a local authority which operates executive arrangements and has a mayor and cabinet executive—
(i) a member of the executive other than the elected mayor, or
(ii) an employee of the authority;
(d) in the case of the Common Council of the City of London, an employee of the Common Council;
(e) in the case of any other local authority—
(i) the chairman or vice-chairman of the authority (if holding a paid office), or
(ii) an employee of the authority.
(4) In this section and section 126B, the following terms have the same meanings as in Part 1A of the Local Government Act 2000 (and see the provisions of that Act mentioned)—
“elected mayor” (section 9H(1));
“executive” (section 9C);
“executive arrangements” (section 9B(4));
“executive leader” (section 9C(3)(a));
“leader and cabinet executive (England)” (section 9C(3));
“mayor and cabinet executive” (section 9C(2)).
(5) For the purposes of subsection (3)(e)(i)—
(a) the references to the chairman and vice-chairman of an authority are to those persons elected under section 3 or 5 of the Local Government Act 1972 (or in relation to a London borough council are to be read in accordance with section 270(4) of that Act);
(b) a chairman or vice-chairman holds a “paid office” if the council pays the person an allowance.
(6) The Secretary of State may by regulations amend this section to alter who may be the health and safety lead for a registered provider.
(1) The functions of the health and safety lead for a registered provider are to—
(a) monitor the provider’s compliance with health and safety requirements;
(b) assess risks of failure to comply with health and safety requirements;
(c) notify the responsible body of the provider of—
(i) risks assessed under paragraph (b) of material failures by the provider to comply with health and safety requirements;
(ii) material failures by the provider to comply with health and safety requirements;
(d) provide advice to the responsible body as to how the provider should address risks and failures notified to the responsible body under paragraph (c) for the purpose of ensuring that the provider complies with health and safety requirements.
(2) In this Part, “health and safety requirement”, in relation to a registered provider, means a statutory requirement, so far as it—
(a) relates to the health or safety of tenants of social housing, and
(b) applies to the provider by virtue of being the provider of that social housing (including where it is expressed as applying to a landlord or employer or in some other way).
(3) In this section, “statutory requirement” means a requirement imposed by or by virtue of legislation and includes—
(a) an obligation under a covenant implied by or under legislation (such as a covenant under section 9A of the Landlord and Tenant Act 1985 (fitness for human habitation of dwellings in England));
(b) a requirement imposed—
(i) by a notice given under legislation, or
(ii) by or as a result of other action (such as enforcement action mentioned in section 5(2) or 7(2) of the Housing Act 2004 (housing conditions: category 1 and 2 hazards)) taken under legislation.
(4) In subsection (3), “legislation” means any provision of or made under—
(a) an Act of Parliament, or
(b) a Measure or Act of Senedd Cymru.
(5) For the purposes of this section, the “responsible body” of a registered provider—
(a) in the case of a local authority which operates executive arrangements, is the executive;
(b) in the case of any other local authority, is the councillors;
(c) in the case of a private registered provider, has the meaning given by the following table—
Private registered provider | Meaning of “responsible body”
Registered charity which is not a registered company | Its charity trustees within the meaning given by section 177 of the Charities Act 2011
Registered society | Its committee within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014
Registered company | Its directors within the meaning given by section 250 of the Companies Act 2006
Limited liability partnership | Its members
(See section 126A(4) for the meanings of terms used in paragraph (a).)
126C Duties of registered provider in relation to health and safety lead
(1) A registered provider must—
(a) ensure that the health and safety lead—
(i) has sufficient authority (including, in particular, authority to obtain information) within the provider’s organisation, and
(ii) can devote sufficient time to the functions of the health and safety lead,
to perform the role of health and safety lead effectively;
(b) provide the health and safety lead with the resources needed to carry out those functions.
(2) A registered provider must, in accordance with requirements published by the regulator—
(a) notify the regulator of the name and contact details of the health and safety lead, and
(b) publish that information.
(1) Nothing in sections 126A to 126C affects—
(a) the responsibility of a registered provider for compliance with health and safety requirements, or
(b) the liability of the registered provider or of any director, member or other officer or person for a failure to comply with health and safety requirements.
(2) The health and safety lead is not, by virtue of those sections—
(a) responsible for the registered provider’s compliance with health and safety requirements, or
(b) liable for a failure by the registered provider to comply with health and safety requirements,
(but this does not affect any responsibility or liability which the individual designated under section 126A has otherwise than as health and safety lead).
(3) A registered provider may nominate an individual to carry out the functions of the health and safety lead if the health and safety lead is unable to act due to absence or illness.
(1) The regulator may give directions to private registered providers about the preparation of their accounts.
(2) A direction may be given to a profit-making registered provider only in so far as its accounts relate to social housing activities.
(3) The power must be exercised with a view to ensuring that accounts—
(a) are prepared in proper form, and
(b) present a true and fair view of—
(i) the state of affairs of each registered provider in relation to its social housing activities, and
(ii) the disposition of funds and assets which are, or have been, in its hands in connection with those activities.
(4) A direction may require a registered charity to use a specified method for distinguishing in its accounts between—
(a) matters relating to its social housing activities, and
(b) other matters.
(5) A direction—
(a) may make provision that applies generally or only to specified cases, circumstances or registered providers, and
(b) may make different provision for different cases, circumstances or registered providers.
(6) A direction that relates to more than one registered provider may be given only after consulting one or more bodies appearing to the regulator to represent the interests of private registered providers.
(7) The regulator shall make arrangements for bringing a direction to the attention of every registered provider to which it applies.
(1) Each private registered provider shall send a copy of its accounts to the regulator within the period of 6 months beginning with the end of the period to which the accounts relate.
(2) The accounts must be accompanied by—
(a) an auditor's report, or
(b) in the case of accounts that by virtue of an enactment are not subject to audit, any report that is required to be prepared in respect of the accounts by virtue of an enactment.
(3) The report must specify whether the accounts comply with any relevant directions under section 127.
(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 report under paragraph 1 of Schedule 7 to the Local Audit and Accountability Act 2014 (public interest reports) 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.
129 Companies or limited liability partnerships exempt from audit
(1) This section applies in relation to a registered provider which—
(a) is a registered company other than a charity or is a limited liability partnership, and
(b) is exempt from the audit requirements of the Companies Act 2006 (c. 46) by virtue of section 477 of that Act (small companies' exemption).
(2) The directors of the company or members of the limited liability partnership shall cause a report to be prepared in accordance with section 130 and made to the registered provider’s members in respect of the registered provider’s individual accounts for any year in which the registered provider takes advantage of its exemption from audit.
(3) “Individual accounts” means accounts prepared in accordance with section 396 of the Companies Act 2006.
130 Exempt companies or limited liability partnerships: accountant's report
(1) The report required by section 129 must be prepared by a person (“the reporting accountant”) who is eligible under section 131.
(2) The report must state whether the individual accounts are in accordance with the registered provider’s accounting records kept under section 386 of the Companies Act 2006.
(3) On the basis of the information contained in the accounting records the report must also state whether—
(a) the accounts comply with Part 15 of the Companies Act 2006;
(b) the registered provider is entitled to exemption from audit under section 477 of that Act (small companies' exemption) for the year in question.
(4) The report must give the name of the reporting accountant and be signed and dated.
(5) The report must be signed—
(a) where the reporting accountant is an individual, by that individual, and
(b) where the reporting accountant is a firm, for and on behalf of the firm by an individual authorised to do so.
(6) In this section and sections 131 and 132—
“firm” means any entity, whether or not a legal person, that is not an individual and includes a body corporate, a corporation sole and a partnership or other unincorporated association;
“body corporate” includes a body incorporated outside the United Kingdom.
131 Exempt companies or limited liability partnerships: reporting accountant
(1) A person is eligible for appointment by a registered provider as a reporting accountant under section 130 if—
(a) either of the following conditions is satisfied, and
(b) the person would not be prohibited from acting as auditor of the registered provider by virtue of section 1214 of the Companies Act 2006 (c. 46).
(2) Condition 1 is satisfied if the person is a member of a body listed in subsection (4) and under its rules—
(a) the person is entitled to engage in public practice, and
(b) is not ineligible for appointment as a reporting accountant.
(3) Condition 2 is satisfied if the person—
(a) is subject to the rules of a body listed in subsection (4) in seeking appointment or acting as a statutory auditor under Part 42 of the Companies Act 2006, and
(b) under those rules, is eligible for appointment as a statutory auditor under that Part.
(4) The bodies mentioned in subsections (2) and (3) are—
(a) the Institute of Chartered Accountants in England and Wales,
(b) the Institute of Chartered Accountants of Scotland,
(c) the Institute of Chartered Accountants in Ireland,
(d) the Association of Chartered Certified Accountants,
(e) the Association of Authorised Public Accountants,
(f) the Association of Accounting Technicians,
(g) the Association of International Accountants,
(h) the Chartered Institute of Management Accountants, and
(i) the Institute of Chartered Secretaries and Administrators.
(5) The Secretary of State may by order amend the list of bodies in subsection (4).
(6) References in this section to the rules of a body are to rules (whether or not laid down by the body itself) which the body has power to enforce and which are relevant for the purposes of Part 42 of the Companies Act 2006 (statutory auditors) or this section; and this includes rules relating to the admission and expulsion of members of the body so far as relevant for the purposes of that Part or this section.
(7) An individual or a firm may be appointed as a reporting accountant; and section 1216 of the Companies Act 2006 applies to the appointment of a partnership constituted under the law of—
(a) England and Wales,
(b) Northern Ireland, or
(c) any other country or territory in which a partnership is not a legal person.
(1) The provisions of the Companies Act 2006 listed in subsection (2) apply to the reporting accountant and a reporting accountant's report as they apply to an auditor of the registered provider and an auditor's report on the registered provider’s accounts (with any necessary modifications).
(2) The provisions are—
(a) sections 423 to 425 (duty to circulate copies of annual accounts),
(b) sections 431 and 432 (right of member or debenture holder to demand copies of accounts),
(c) sections 434 to 436 (requirements in connection with publication of accounts),
(d) sections 441 to 444A (duty to file accounts with registrar of companies),
(e) section 454 and regulations made under that section (revised accounts and reports),
(f) sections 499 to 502 (auditor's right to information), and
(g) sections 505 and 506 (name of auditor to be stated in published copies of report).
(3) In sections 505 and 506 as they apply by virtue of this section in a case where the reporting accountant is a firm, any reference to the senior statutory auditor shall be read as a reference to the person who signed the report on behalf of the firm.
133 Exempt companies or limited liability partnerships: extraordinary audit
(1) This section applies where, in accordance with section 129, a registered provider appoints a reporting accountant to prepare a report in respect of its accounts for any year.
(2) The regulator may require the registered provider to—
(a) cause a qualified auditor to audit its accounts and balance sheet for that year, and
(b) send a copy of the report to the regulator by a specified date.
(3) A requirement may not be imposed before the end of the financial year to which it relates.
(4) “Qualified auditor”, in relation to a registered provider, means a person who—
(a) is eligible for appointment as a statutory auditor of the registered provider under Part 42 of the Companies Act 2006 (c. 46) (statutory auditors), and
(b) is not prohibited from acting as statutory auditor of the registered provider by virtue of section 1214 of that Act (independence requirement).
(1) This section applies to a registered provider which is a registered society.
(2) Section 85 of the Co-operative and Community Benefit Societies Act 2014 (“ the 2014 Act ”) (duty to obtain accountant's report) applies to the society as if subsection (1)(b) were omitted (accountant's report required only where turnover exceeds specified sum).
(3) The regulator may require the society to—
(a) appoint a qualified auditor to audit the society's accounts and balance sheet for any year of account in respect of which section 83 of the 2014 Act (duty to appoint auditors) did not apply because of a resolution under section 84 of that Act (power to disapply auditing requirements),
(b) send a copy of the auditor's report to the regulator by a specified date.
(4) A requirement under subsection (3) may be imposed only during the year of account following the year to which the accounts relate.
(5) Qualified auditor” and “year of account” have the same meaning as in Part 7 of the 2014 Act (for “year of account” see sections 77 and 78 of that Act).
(1) This section applies to a ... registered provider which is a registered charity.
(2) The charity shall—
(a) keep proper accounting records of its transactions and its assets and liabilities in relation to its housing activities, and
(b) maintain a satisfactory system of control of those records, its cash holdings and its receipts and remittances in relation to those activities.
(3) For each period of account the charity shall prepare—
(a) a revenue account giving a true and fair view of the charity's income and expenditure during the period, so far as relating to its housing activities, and
(b) a balance sheet giving a true and fair view of the state of affairs of the charity as at the end of the period.
(4) The revenue account and balance sheet must be signed by at least two directors or trustees.
(5) “Period of account” means—
(a) a period of 12 months, or
(b) such other period not less than 6 months nor more than 18 as the charity may, with the consent of the regulator, determine.
(6) This section does not affect any obligation under Part 8 of the Charities Act 2011.
(1) This section applies in relation to the accounts of a charity under section 135(3).
(2) If Condition 1 or 2 is met, the charity shall cause a qualified person to audit the accounts and report on them in accordance with section 137.
(3) If neither Condition is met, the charity shall cause a qualified person (“the reporting accountant”) to report on the accounts in accordance with section 138.
(4) Condition 1 is met if the accounts relate to a period during which the charity's gross income arising in connection with its housing activities was greater than the sum specified in section 144(1)(a) of the Charities Act 2011.
(5) Condition 2 is met if—
(a) the accounts relate to a period during which the charity's gross income arising in connection with its housing activities was greater than the accounts threshold as defined by section 144(1) of the Charities Act 2011, and
(b) at the end of the period the aggregate value of its assets (before deduction of liabilities) in respect of its housing activities was greater than the sum specified in section 144(1)(b).
(6) “Gross income” has the same meaning as in section 144 of the Charities Act 2011.
(7) “Qualified person” means a person professionally qualified as an accountant.
(1) An auditor appointed for the purposes of section 136(2) or 139(2) in respect of a charity's accounts shall make a report to the charity in accordance with this section.
(2) The report must state—
(a) whether the revenue account gives a true and fair view of the charity's income and expenditure, so far as relating to its housing activities, and
(b) whether the balance sheet gives a true and fair view of the state of affairs of the charity as at the end of the period to which the accounts relate.
(3) The report must give the name of the auditor and be signed.
(4) The auditor shall, in preparing the report, carry out such investigations as are necessary to form an opinion as to—
(a) whether the charity has complied with section 135(2) during the period to which the accounts relate, and
(b) whether the accounts are in accordance with accounting records kept under section 135(2)(a).
(5) If the auditor thinks that the charity has not complied section 135(2) or that the accounts are not in accordance with its accounting records, that must be stated in the report.
(6) If the auditor fails to obtain all the information and explanations which the auditor thinks necessary for the purposes of the audit, that must be stated in the report.
(1) A reporting accountant appointed for the purposes of section 136(3) in respect of a charity's accounts shall make a report to the charity in accordance with this section.
(2) The report must state whether the accounts are in accordance with accounting records kept under section 135(2)(a).
(3) On the basis of the information in the accounting records the report must also state whether—
(a) the accounts comply with the requirements of the Charities Act 2011;
(b) section 136(3) applied in respect of the accounts.
(4) The report must give the name of the reporting accountant and be signed.
(5) If the reporting accountant fails to obtain all the information and explanations which the reporting accountant thinks necessary for the purposes of preparing the report, that must be stated in the report.
(1) This section applies where, in accordance with section 136(3), a charity appoints a reporting accountant to prepare a report in respect of any accounts.
(2) The regulator may require the charity to—
(a) cause a qualified person to audit the accounts and prepare a report on them in accordance with section 137, and
(b) send a copy of the report to the regulator by a specified date.
(3) A requirement under subsection (2) may be imposed only during the period of account following the period to which the accounts relate.
(4) In this section—
“period of account” has the meaning given by section 135(5), and
“qualified person” has the meaning given by section 136(7).
(1) This section applies to a person who is appointed by a charity for the purposes of section 136(2) or (3) or 139(2).
(2) The charity must grant the person access to its documents, if or in so far as they relate to its housing activities.
(3) An officer of the charity must provide such information or explanations as the person thinks necessary.
(1) A private registered provider commits an offence if it fails, without reasonable excuse, to comply with—
(a) a direction under section 127,
(b) a provision listed in subsection (2), or
(c) a requirement imposed under a provision listed in subsection (3).
(2) The provisions referred to in subsection (1)(b) are—
(a) section 128;
(b) section 129;
(c) section 135;
(d) section 136.
(3) The provisions referred to in subsection (1)(c) are—
(a) section 133;
(b) section 134;
(c) section 139.
(4) If a private registered provider fails to comply with a direction, provision or requirement mentioned in subsection (1) every officer of the private registered provider is guilty of an offence.
(5) It is a defence for an officer to show that the officer did everything that could reasonably have been expected to ensure compliance by the private registered provider.
(6) A person guilty of an offence under this section is liable on summary conviction to a fine ....
(7) 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) If a private registered provider fails to comply with a direction, provision or requirement mentioned in section 141(1), the High Court may on the application of the regulator make an order for the purpose of remedying the failure.
(2) An order may include provision about costs.
(1) This section applies to information that a person has received while acting—
(a) as auditor of a private registered provider, or
(b) as a reporting accountant in relation to a private registered provider.
(2) The person may disclose the information to the regulator for a purpose connected with the regulator's functions—
(a) despite any duty of confidentiality, and
(b) whether or not the regulator requests the information.
(3) The reference to disclosing information includes expressing an opinion on it.
(4) “Reporting accountant” means a person who is appointed to prepare a report which, by virtue of any enactment, has to be prepared in respect of accounts that are not subject to audit.
(1) A moratorium on the disposal of land by a private registered provider begins when any of the events mentioned in subsection (2) occur in relation to the provider.
(2) The events are—
(a) a petition is presented under section 124 of the Insolvency Act 1986, by a person other than the Secretary of State, for the winding up of the provider;
(b) an application is made by the provider under section 105(3) of the Housing and Planning Act 2016 for permission to pass a resolution for voluntary winding up;
(c) an application is made in accordance with paragraph 12 of Schedule B1 to the Insolvency Act 1986, by a person other than the Secretary of State, for an administration order in respect of the provider;
(d) a notice of the appointment of an administrator of the provider under paragraph 14 or 22 of Schedule B1 to the Insolvency Act 1986 is filed with the court under paragraph 18 or 29 of that Schedule;
(e) notice of intention to enforce a security over property of the provider is given under section 108(2)(a) of the Housing and Planning Act 2016 or the requirement to give such notice is waived under section 108(2)(b) of that Act.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The moratorium mentioned in section 145 ends when one of the following occurs—
(a) the expiry of the relevant period,
(b) the making of a housing administration order under Chapter 5 of Part 4 of the Housing and Planning Act 2016 in relation to the registered provider, or
(c) the cancellation of the moratorium (see subsection (5)).
(2A) The “relevant period” is—
(a) the period of 28 days beginning with the relevant day, plus
(b) any period by which that period is extended under subsection (3).
(2B) The “relevant day” is—
(a) in the case of an event mentioned in section 145(2)(a), the day on which notice under section 104(2)(a) of the Housing and Planning Act 2016 is given or on which the requirement to give such notice is waived under section 104(2)(b) of that Act;
(b) in the case of an event mentioned in section 145(2)(b), the day on which notice under section 105(4)(a) of the Housing and Planning Act 2016 is given or on which the requirement to give such notice is waived under section 105(4)(b) of that Act;
(c) in the case of an event mentioned in section 145(2)(c), the day on which notice under section 106(3)(a)(i) of the Housing and Planning Act 2016 is given or on which the requirement to give such notice is waived under section 106(3)(a)(ii) of that Act;
(d) in the case of an event mentioned in section 145(2)(d), the day on which notice under section 107(4)(a)(i) of the Housing and Planning Act 2016 is given or on which the requirement to give such notice is waived under section 107(4)(a)(ii) of that Act;
(e) in the case of an event mentioned in section 145(2)(e), the day of that event.
(3) During a moratorium the regulator may extend it (or further extend it) for a specified period if—
(a) the regulator has made reasonable enquiries with a view to locating secured creditors of the registered provider, and
(b) where the regulator located one or more such creditors, each of them has consented to the extension.
(4) If the regulator extends a moratorium it shall notify—
(a) the registered provider, and
(b) any liquidator, administrator, administrative receiver or receiver appointed in respect of the registered provider or its land, ...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4A) If the regulator extends a moratorium in respect of a private registered provider who owns land in Greater London, the regulator shall also notify the Greater London Authority.
(5) During a moratorium the regulator may cancel it ....
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) When a moratorium ends the regulator shall give notice, and (except in the case of cancellation) an explanation of section 147, to—
(a) the registered provider, and
(b) such of its secured creditors as the regulator is able to locate after making reasonable enquiries.
(7A) The regulator shall also notify the HCA as follows—
(a) if it extends a moratorium, and
(b) when a moratorium ends.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8A) When a moratorium in respect of a private registered provider who owns land in Greater London ends, the regulator shall also give notice to the Greater London Authority.
(9) If an event mentioned in section 145(2) occurs during a moratorium, that does not—
(a) start a new moratorium, or
(b) alter the existing moratorium's duration.
(1) This section applies if—
(a) a moratorium in respect of a private registered provider ends otherwise than by cancellation, and
(b) a further event mentioned in section 145(2) occurs in relation to the provider within the period of 3 years beginning with the end of the moratorium.
(2) The further event mentioned in section 145(2 does not automatically trigger a further moratorium.
(3) But the regulator may impose a further moratorium for a specified period if—
(a) the regulator has made reasonable enquiries with a view to locating secured creditors of the registered provider, and
(b) where the regulator located one or more such creditors, each of them has consented to the further moratorium.
(4) If the regulator imposes a new moratorium it shall notify—
(za) the HCA,
(a) the registered provider,and
(b) any liquidator, administrator, administrative receiver or receiver appointed in respect of the registered provider or any of its land, ...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4A) If the regulator imposes a new moratorium in respect of a private registered provider who owns land in Greater London, the regulator shall also notify the Greater London Authority.
(5) This group of sections applies to a further moratorium as to a first moratorium (except for section 146(2)).
(1) During a moratorium neither the HCA , nor the Greater London Authority, may—
(a) ... give the registered provider a direction under section 32(4), or
(b) ... take steps to enforce such a direction against the registered provider.
(2) During a moratorium a disposal of the registered provider's land requires the regulator's prior consent.
(3) Section 149 sets out exceptions to subsection (2).
(4) Consent—
(a) may be given before the moratorium begins, and
(b) may be subject to conditions.
(5) This section does not prevent a liquidator from disclaiming land as onerous property during a moratorium.
(6) In this section “land” includes a present or future interest in rent or other receipts arising from land.
(1) The regulator's consent is not required under section 148 for the following exceptions.
(2) Exception 1 is a letting under—
(a) an assured tenancy, or
(b) an assured agricultural occupancy.
(3) Exception 2 is a letting under what would be an assured tenancy or an assured agricultural occupancy but for any of paragraphs 4 to 8, 12(1)(h) and 12ZA to 12B of Schedule 1 to the Housing Act 1988 (c. 50) (tenancies which cannot be assured tenancies).
(4) Exception 3 is a letting under a secure tenancy.
(5) Exception 4 is a letting under what would be a secure tenancy but for any of paragraphs 2 to 12 of Schedule 1 to the Housing Act 1985 (c. 68) (tenancies which are not secure tenancies).
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) Exception 5 is a disposal under Part V of the Housing Act 1985 (right to buy).
(8) Exception 6 is a disposal under the right conferred by—
(a) section 180, ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) Exception 7 is a letting under an occupation contract (within the meaning of section 7 of the Renting Homes (Wales) Act 2016 (anaw 1)) in respect of a dwelling in Wales.
(1) A purported disposal by a registered provider is void if—
(a) it requires the regulator's consent under section 148, and
(b) the regulator has not given consent.
(2) But subsection (1) does not apply to a disposal by a non-profit registered provider to one or more individuals (“the buyer”) if—
(a) the disposal is of a single dwelling, and
(b) the registered provider reasonably believes at the time of the disposal that the buyer intends to use the property as the buyer's principal residence.
(1) During a moratorium the regulator may appoint an interim manager of the registered provider.
(2) An appointment may relate to the registered provider's affairs generally or to affairs specified in the appointment.
(3) Appointment shall be on terms and conditions (including as to remuneration) specified in, or determined in accordance with, the appointment.
(4) An appointment under this section shall come to an end with the earliest of the following—
(a) the end of the moratorium,
(b) when the regulator notifies the interim manager that there are proposals under section 152 which are agreed proposals, or
(c) a date specified in the appointment.
(5) An interim manager shall have—
(a) any power specified in the appointment, and
(b) any other power in relation to the registered provider's affairs required by the manager for the purposes specified in the appointment (including the power to enter into agreements and take other action on behalf of the registered provider).
(6) But an interim manager may not—
(a) dispose of land, or
(b) grant security over land.
(1) During a moratorium the regulator may make proposals about the future ownership and management of the registered provider's land, with a view to ensuring that the property will be properly managed by a registered provider.
(2) In making proposals the regulator shall—
(a) have regard to the interests of the registered provider's creditors as a whole, and
(b) so far as is reasonably practicable avoid worsening the position of unsecured creditors.
(3) Proposals may provide for the appointment of a manager in accordance with section 155 to implement all or part of the proposals.
(4) Proposals may not include anything which would result in—
(a) a preferential debt being paid otherwise than in priority to a non-preferential debt, ...
(aa) an ordinary preferential debt being paid otherwise than in priority to a secondary preferential debt,
(b) a preferential creditor (PC1) being paid a smaller proportion of an ordinary preferential debt than another preferential creditor (PC2) (unless PC1 consents) ...
(c) a preferential creditor (PC1) being paid a smaller proportion of a secondary preferential debt than another preferential creditor (PC2) (unless PC2 consents) or
(d) if the registered provider is a relevant financial institution—
(i) an ordinary non-preferential debt being paid otherwise than in priority to a secondary non-preferential debt,
(ii) a secondary non-preferential debt being paid otherwise than in priority to a tertiary non-preferential debt, or
(iii) a secondary non-preferential creditor (Creditor 1) being paid a smaller proportion of a secondary non-preferential debt than another secondary non-preferential creditor (Creditor 2) (unless Creditor 1 consents).
(5) Proposals relating to a registered provider which is a charity (C1)—
(a) may not require it to act outside the terms of its trusts, and
(b) may provide for the disposal of accommodation only to another charity whose objects the regulator thinks are similar to those of C1.
(1) Before making proposals the regulator shall consult—
(a) the registered provider,
(b) its tenants (so far as is reasonably practicable) or its contract-holders (so far as is reasonably practicable),
(ba) if the regulator is able to locate any secured creditors of the registered provider after making reasonable enquiries, those creditors,
(c) if the registered provider is a registered society, the Financial Conduct Authority, and
(d) if the registered provider is a registered charity, the Charity Commission.
(1A) If no secured creditors are located for the purposes of subsection (1), the proposals made by the regulator following the consultation required by that subsection are agreed proposals for the purposes of this group of sections.
(2) Where the regulator locates one or more secured creditors of the registered provider for the purposes of subsection (1), the regulator must, before making proposals, send a copy of draft proposals to—
(a) the registered provider ...,
(b) the secured creditors located for the purposes of subsection (1), and
(c) any liquidator, administrator, administrative receiver or receiver appointed in respect of the registered provider or any of its land.
(3) If the regulator sends draft proposals under subsection (2), the regulator must also make arrangements for bringing those proposals to the attention of—
(a) the registered provider's members,
(b) its tenants or contract-holders and
(c) its unsecured creditors.
(4) If each secured creditor to whom draft proposals were required to be sent agrees to them by notice to the regulator, the draft proposals become agreed proposals for the purposes of this group of sections.
(5) Draft proposals may be agreed with modifications if—
(a) each secured creditor to whom the draft proposals were required to be sent consents by notice to the regulator, and
(b) the regulator consents.
(6) The regulator shall send a copy of agreed proposals to—
(a) the registered provider ...,
(b) any secured creditors to whom draft proposals were sent,
(c) any liquidator, administrator, administrative receiver or receiver appointed in respect of the registered provider or any of its land,
(d) if the registered provider is a registered society, the Financial Conduct Authority, and
(e) if the registered provider is a registered charity, the Charity Commission.
(7) The regulator shall also make arrangements for bringing agreed proposals to the attention of—
(a) the registered provider's members,
(b) its tenants or contract-holders and
(c) its unsecured creditors.
(8) The regulator may make proposals amending agreed proposals; and this section and section 152 apply to such proposals.
(1) The following are obliged to implement agreed proposals—
(a) the regulator,
(b) the registered provider,
(c) its creditors, and
(d) any liquidator, administrator, administrative receiver or receiver appointed in respect of the registered provider or any of its land.
(2) The following shall co-operate with implementation of agreed proposals—
(a) in the case of a charitable trust, its trustees,
(aa) in the case of a charitable incorporated organisation, its charity trustees (as defined by section 177 of the Charities Act 2011),
(ab) in the case of a limited liability partnership, its members,
(b) in the case of a registered society, its committee members, and
(c) in the case of a registered company, its directors.
(3) Subsection (2) does not require or permit a breach of a fiduciary or other duty.
(1) This section applies where agreed proposals provide for the appointment of a manager.
(2) The proposals must provide for the manager to be paid reasonable remuneration and expenses.
(3) The regulator shall appoint a manager.
(4) The regulator may give the manager directions (general or specific).
(5) The manager may apply to the High Court for directions (and directions of the regulator are subject to directions of the High Court).
(6) If the registered provider is a charity, the regulator must notify the Charity Commission that a manager has been appointed.
(7) The regulator may appoint a new manager in place of a person who ceases to be manager (in accordance with terms of appointment specified in the proposals or determined by the regulator).