74A Leaving the social housing stock: transfer by private providers
(1) A dwelling ceases to be social housing if a private registered provider ... owns the freehold or a leasehold interest and transfers it to a person who is not a registered provider ....
(2) Subsection (1) does not apply if and for so long as the private registered provider has a right to have the interest transferred back to it.
(3) Subsection (1) does not apply where low cost home ownership accommodation is transferred to—
(a) the “buyer” under equity percentage arrangements (see section 70(5)), or
(b) the trustees under a shared ownership trust (see section 70(6)).
(4) See section 73 for circumstances when low cost home ownership accommodation ceases to be social housing.
75 Leaving the social housing stock: local authority disposal with consent
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
(2) Subsection (1A) does not apply to a disposal in pursuance of shared ownership arrangements or equity percentage arrangements.
(3) Subsection (1A) does not apply if the consent is conditional upon the dwelling continuing to be low cost rental accommodation or low cost home ownership accommodation.
(4) A condition of that kind shall include provision for determining when the dwelling ceases to be social housing.
76 Leaving the social housing stock: regulator's direction
(1) The regulator may direct that a specified dwelling is to cease to be social housing.
(2) The regulator may make a direction only on the application of the provider.
(3) A direction may not be made if the provider is a local authority.
(1) This section applies to property owned by a registered social landlord within the meaning of Part 1 of the Housing Act 1996 (c. 52) before the coming into force of section 61 of this Act.
(2) Property to which this section applies is social housing—
(a) whether or not it satisfies section 68(1)(a) or (b), and
(b) unless and until an event specified in sections 73 to 76 occurs.
(3) But property to which any of the exceptions below applies when section 61 comes into force is social housing only if the purchase, construction or renovation of the property was funded by means of a grant under—
(a) section 19 (financial assistance by the HCA),
(b) section 18 of the Housing Act 1996 (social housing grant), or
(c) section 50 of the Housing Act 1988, section 41 of the Housing Associations Act 1985 (c. 69) or section 29 or 29A of the Housing Act 1974 (c. 44) (housing association grant).
(4) Exception 1 is accommodation let on the open market.
(5) Exception 2 is accommodation made available only to students in full-time education or training.
(6) Exception 3 is a care home (within the meaning of the Care Standards Act 2000 (c. 14)) in which nursing is provided.
(7) Exception 4 is accommodation provided in response to a request by the Secretary of State under section 100 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum seekers).
(8) Exception 5 is property of a kind specified by regulations made by the Secretary of State.
(1) In this Chapter a reference to the provider of social housing is to be construed as follows.
Type of social housing | Provider
Low cost rental accommodation | The landlord
Low cost home ownership accommodation: shared ownership | The landlord
Low cost home ownership accommodation: equity percentage | “The seller” within the meaning of section 70(5)(a)
Low cost home ownership accommodation: shared ownership trust | The “social landlord” within the meaning of paragraph 7(3) of Schedule 9 to the Finance Act 2003
(2) Chapter 3 provides for the establishment of a register of providers of social housing: persons listed in the register—
(a) may be referred to in an enactment or other instrument as “registered providers of social housing”, and
(b) are referred to in this Part as “registered providers”.
(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”.
(1) The Regulator of Social Housing is established as a body corporate.
(2) The Regulator of Social Housing is referred to in this Part as “the regulator”.
(3) The regulator (and any member of the regulator)—
(a) is not the servant or agent of the Crown, and
(b) does not share any immunity or privilege of the Crown.
(4) No property of the regulator is to be regarded as property of, or held on behalf of, the Crown.
(1) The regulator is to consist of—
(a) a person appointed by the Secretary of State as chair (“the chair”),
(b) at least 6 and no more than 10 other members, appointed by the Secretary of State, and
(c) the chief executive appointed under section 80D(1).
(2) The Secretary of State must consult the chair before appointing a member under subsection (1)(b).
(3) In appointing a person to be an appointed member the Secretary of State must—
(a) have regard to the desirability of appointing a person who has experience of, and has shown some capacity in, matters relevant to the exercise of the functions of the regulator, and
(b) be satisfied that the person has no financial or other interest likely to affect prejudicially the exercise of the person’s functions as a member.
(4) The Secretary of State may require any person who the Secretary of State proposes to appoint as an appointed member to provide any information the Secretary of State considers necessary for the purposes of subsection (3)(b).
(5) In this Part “appointed member” means—
(a) the chair, or
(b) a member appointed under subsection (1)(b).
(1) An appointed member holds and vacates office in accordance with the appointed member’s terms of appointment (subject to this section).
(2) An appointed member may resign by notice to the Secretary of State.
(3) The Secretary of State may dismiss an appointed member who—
(a) has been absent from meetings of the regulator for a period of more than 6 months without its permission,
(b) has become bankrupt or has made an arrangement with the member’s creditors,
(c) the Secretary of State thinks has failed to comply with the member’s terms of appointment,
(d) the Secretary of State thinks has failed to comply with the member’s obligations under section 92P (members’ interests),
(e) the Secretary of State thinks is otherwise unable, unfit or unsuitable to perform the functions of the member.
(1) The chair and other appointed members of the regulator must appoint a chief executive.
(2) But a person may be appointed as chief executive under subsection (1) only if approved by the Secretary of State.
(3) The regulator may appoint other staff.
(4) The regulator may pay to its staff such remuneration and allowances as it may decide.
(5) The regulator may—
(a) pay such pensions, allowances or gratuities to or in respect of any, or any former, member of staff, or
(b) pay such sums towards the provision for the payment of pensions, allowances or gratuities to or in respect of any, or any former, member of staff,
as it may decide.
(1) The regulator must perform its functions with a view to achieving (so far as is possible)—
(a) the economic regulation objective, and
(b) the consumer regulation objective.
(2) The economic regulation objective is—
(a) to ensure that registered providers ... are financially viable and properly managed, and perform their functions efficiently and economically,
(b) to support the provision of social housing sufficient to meet reasonable demands (including by encouraging and promoting private investment in social housing),
(c) to ensure that value for money is obtained from public investment in social housing,
(d) to ensure that an unreasonable burden is not imposed (directly or indirectly) on public funds, and
(e) to guard against the misuse of public funds.
(3) The consumer regulation objective is—
(a) to support the provision of social housing that is well-managed , safe, energy efficient and of appropriate quality,
(b) to ensure that actual or potential tenants of social housing have an appropriate degree of choice and protection,
(c) to ensure that tenants of social housing have the opportunity to be involved in its management and to hold their landlords to account, ...
(ca) to ensure that registered providers act in a transparent manner in relation to their tenants of social housing, and
(d) to encourage registered providers ... to contribute to the environmental, social and economic well-being of the areas in which the housing is situated.
(4) The objectives are referred to in this Part as the regulator's fundamental objectives.
(5) The regulator must exercise its functions in a way that—
(a) minimises interference, and
(b) (so far as is possible) is proportionate, consistent, transparent and accountable.
(1) The regulator may establish committees and sub-committees.
(2) A committee or sub-committee may include non-members (provided that it includes at least one member).
(3) The regulator may, with the consent of the Secretary of State, pay such remuneration and allowances as it thinks fit to any person who—
(a) is a member of a committee or sub-committee, but
(b) is not a member of the regulator.
(1) Subject to the provisions of this Part, the regulator may determine its own procedure and the procedure of any committee or sub-committee.
(2) The regulator must make such arrangements as it thinks appropriate for publishing its procedure.
(3) The validity of any proceedings is not affected by—
(a) any vacancy of the chair, chief executive or any other member,
(b) any defect in the appointment of the chair, chief executive or any other member, or
(c) any contravention of section 92P (members’ interests).
(4) In this section “procedure” includes quorum.
(1) The regulator’s procedure under section 92M must include arrangements for dealing with any conflict of interest of—
(a) members,
(b) members of staff, or
(c) members of committees or sub-committees.
(2) The procedure must oblige a person—
(a) to declare any financial or other personal interest relevant to the exercise of a function of the regulator, and
(b) to withdraw from the performance of that function unless the regulator directs otherwise, being satisfied that the interest will not influence performance of the function.
(1) The regulator may delegate any of its functions to—
(a) a committee,
(b) a sub-committee,
(c) a member, or
(d) a member of staff.
(2) A committee may further delegate to a sub-committee, a member of the regulator, or a member of staff.
(1) A member of the regulator who is directly or indirectly interested in any matter arising at a meeting of the regulator must disclose the nature of that interest to the meeting.
(2) A member of a committee or sub-committee of the regulator who is directly or indirectly interested in any matter arising at a meeting of the committee or sub-committee must disclosure the nature of that interest to the meeting.
(3) Where a member has disclosed an interest within subsection (1) or (2)—
(a) that member must not take part in any deliberation or decision about the matter if it is a contract or agreement of any description, but
(b) may otherwise take part in any deliberation or decision about the matter unless at least one-third of the other members at the meeting decide that the interests disclosed might prejudicially affect the member’s consideration of the matter.
(4) The regulator must prepare and keep up to date a register of members’ interests of the interests disclosed under subsection (1) or (2).
(5) The register required by subsection (4) must include the interests of—
(a) the members of the regulator, and
(b) all members of committees or sub-committees whether or not falling within paragraph (a).
(1) The application of the regulator’s seal must be authenticated by a member of the regulator or by some other person authorised (generally or specially) by the regulator for that purpose.
(2) A document purporting to be duly executed under the seal—
(a) is to be received in evidence, and
(b) is to be treated as so executed unless the contrary is shown.