UKPGA-2023-36 Social Housing (Regulation) Act 2023 UK

in paragraph (a), after “well-managed” insert “, safe, energy efficient”;

in paragraph (c), omit the final “and”;

after paragraph (c) insert— .

for subsection (1) substitute— ;

omit subsection (2);

before subsection (3), insert— ;

in subsection (3)—

in subsection (4), for “documents or information” substitute “documents, information or explanations”;

after subsection (4) insert— ;

in subsection (5), after “requirement” insert “under subsection (1)”;

in subsection (6), for “to which a requirement relates” substitute “required under subsection (1)”;

after subsection (6) insert— ;

in subsection (7), after “requirement” insert “under subsection (1)”.

in subsection (1), after “requirement” insert “under section 107(1)”;

for subsection (2) substitute— ;

in subsection (3), omit the words from “not” to the end;

in subsection (4)—

in subsection (5), for “or (6)” substitute “, (6) or (6A)”.

in paragraph (a), for “expenditure on” substitute “the costs incurred in”;

omit paragraph (b) (but not the “and” following it);

in paragraph (c), for “to which it relates” substitute “incurred, or likely to be incurred, in the performance of the regulator’s functions”.

after paragraph (c) insert ;

omit paragraphs (d) and (e).

in the opening words omit “as to”;

in paragraph (a), at the beginning insert “as to”;

in paragraph (b)—

in paragraph (c)—

omit subsection (2);

for subsection (3) substitute— ;

in subsection (4)—

after subsection (6) insert— ;

in subsection (8) omit “(2) or”.

in paragraph (a), omit the final “or”;

after paragraph (b) insert— .

omit “private”;

after “England” insert “to whom this section applies”.

in the heading, for “Duration” substitute “Ending”;

omit subsection (1);

in subsection (2), in the words before paragraph (a), after “moratorium” insert “mentioned in section 145”;

in subsection (2A), in paragraph (a), for “day on which the notice mentioned in section 145 is given” substitute “relevant day”;

after subsection (2A) insert— ;

in subsection (3), for the words from “period,” to the end substitute ;

in subsection (5), omit the words from “if” to the end;

in subsection (9), for “a notice mentioned in section 145 is given” substitute “an event mentioned in section 145(2) occurs”.

in subsection (1), after paragraph (b) insert— ;

after subsection (1) insert— ;

in subsection (2)—

in subsection (3), in the words before paragraph (a), for the words from “The regulator” to “bringing” substitute “If the regulator sends draft proposals under subsection (2), the regulator must also make arrangements for bringing those”;

for subsection (4) substitute— ;

in subsection (5)—

in subsection (6)(b)—

for subsection (8) substitute—

section 160(1) (arrangements and reconstructions);

section 161(1) (conversion of registered company to registered society);

section 163(1) (restructuring of registered society);

section 165(1) (dissolution of registered society);

section 169A (change of rules of registered society);

section 169C (change of articles of registered company).

in the heading, after “rules” insert “etc”;

after “society’s rules” insert “, name or registered office”.

in paragraph (d), omit the final “and”;

at the end of paragraph (e) insert

in subsection (1)(a), omit “under section 194”;

in subsection (2), omit “under that section”.

their tenants’ rights in connection with the low cost rental accommodation and with facilities or services provided in connection with that accommodation, and

how their tenants can make a complaint against them.

in subsection (3)—

omit subsections (4) to (6);

after subsection (8) insert—

omit subsection (1);

omit subsection (3);

for subsection (4) substitute— ;

after subsection (4) insert—

section 209(1) (inquiries);

section 256(7) (orders restricting dealings during inquiry);

section 257(5) (orders restricting dealings following inquiry);

section 259(5) (orders suspending officers etc during inquiry);

section 260(4) (orders removing or suspending officers etc following inquiry);

section 267(2) (orders removing officers);

section 269(6)(a), including the final “and” (orders appointing new officers).

in the heading, for “expired” substitute “ending of”;

in subsection (1)(b), for “expires” substitute “determines (whether by effluxion of time or in any other way)”;

for subsection (2) substitute—

after sub-paragraph (1) insert— ;

in sub-paragraph (1B), for “expenses”, in both places, substitute “costs”;

in sub-paragraph (1C)—

before this Act, or

later in the same session of Parliament as this Act.

are to be made by statutory instrument;

may include different provision for different purposes.

section 11;

sections 44 and 45;

this section;

section 47.

The Housing and Planning Act 2016 is amended as set out in paragraphs 2 to 9.

In section 95 (housing administration orders), in subsection (1), after paragraph (a)(i) insert—.

In section 100 (powers of court: meaning of “relevant officer”), in subsection (7), after paragraph (a) insert—.

In section 102 (power to make regulations applying etc insolvency legislation), in subsections (2) and (3), after “relation to” insert “a limited liability partnership,”.

In section 104 (winding-up orders), after subsection (1)(a) insert—.

In section 105 (voluntary winding up), in subsection (1), after paragraph (a), insert—.

In section 106 (ordinary administration orders)—

in subsection (1), in paragraph (a), omit the final “or”;

after that paragraph insert—.

In section 107 (administrator appointments by creditors)—

in subsection (1), in paragraph (a), omit the final “or”;

after that paragraph insert—.

In section 116 (interpretation of Chapter 5 of Part 2)—

in subsection (1), in the definition of “the court”, after “company”, in each place it occurs, insert “, limited liability partnership”;

in subsection (7), after paragraph (a) insert—.

The Housing and Regeneration Act 2008 is amended as set out in paragraphs 11 to 20.

In section 120 (notice), in subsection (1)(c), after “charity)” insert “or a limited liability partnership”.

after “directors of the company” insert “or members of the limited liability partnership”;

for “company’s”, in both places, substitute “registered provider’s”;

for “which the company” substitute “which the registered provider”.

In section 131 (exempt companies: reporting accountant)—

in the heading, after “companies” insert “or limited liability partnerships”;

in subsection (1), for “company”, in both places, substitute “registered provider”.

for “company” substitute “registered provider”;

for “company’s” substitute “registered provider’s”.

for “454(4)(b)” substitute “454”;

for the words from “provision” to the end substitute “section (revised accounts and reports),”.

In section 133 (exempt companies: extraordinary audit)—

in the heading, after “companies” insert “or limited liability partnerships”;

in subsections (1), (2) and (4), for “company”, in each place, substitute “registered provider”.

In section 141 (offences), in subsection (6), omit the words from “not” to the end.

In section 154 (implementation of regulator’s proposals), in subsection (2), after paragraph (aa) insert—.

In section 160 (arrangements and reconstructions)—

in the heading, after “company” insert “and limited liability partnership”;

in subsection (1), after “company” insert “or a limited liability partnership”.

In section 270 (meaning of “officer” of a private registered provider), in the Table, after the entry relating to “Registered company” insert—.

The Housing and Planning Act 2016 is amended as follows.

In section 104 (winding-up orders), after subsection (2) insert—

In section 105 (voluntary winding up), after subsection (4) insert—

In section 106 (ordinary administration orders), after subsection (3) insert—

In section 107 (appointment of administrator)—

in the heading, after “creditors” insert “etc”;

in subsection (4)(a)(i) omit the words from “, accompanied” to “1986”;

after subsection (4) insert— ;

in subsection (5) omit “(and a copy of the accompanying documents)”.

In section 108 (enforcement of security)—

in subsection (1), omit the words from “that” to the end;

after subsection (2) insert— ;

omit subsection (3);

before subsection (4) insert—

The Housing and Regeneration Act 2008 is amended as follows.

In section 201 (inspections) omit subsections (2) and (2A).

In section 206 (inquiry)—

for subsection (1) substitute— ;

in subsection (4)(a), for “, employees or consultants” substitute “or employees”;

omit subsection (5).

In section 226 (overview of provisions on penalties) omit “private”.

In section 227 (grounds for imposition of penalty), in subsection (1), omit “private”.

In section 229 (amount of penalty)—

in subsection (2), after “penalty” insert “that may be”;

in that subsection, for “may not exceed £5,000” substitute “is unlimited”;

omit subsection (3).

In section 249 (management transfer), in subsection (1)—

in paragraph (a), omit “or”;

at the end of paragraph (b) insert

In section 251 (appointment of manager of a private registered provider), in subsection (2), in both places, omit “an individual as”.

In section 252 (supplementary provisions about appointment of manager)—

for subsection (2) substitute— ;

after subsection (2) insert— ;

omit subsection (3).

In section 252A (appointment of advisers to local authorities), in subsection (2)—

in the words before paragraph (a), for “thinks” substitute “is satisfied”;

at the end of paragraph (d) (inserted by section 10) insert— .

In section 253 (transfer of land by private registered provider), in subsection (1)—

in paragraph (a), omit “or”;

at the end of paragraph (b) insert

In section 255 (amalgamation), in subsection (1)—

in paragraph (a), omit “or”;

at the end of paragraph (b) insert

In section 256 (restrictions on dealings during inquiry)—

in subsection (1)(a), for “non-profit” substitute “private”;

in subsection (3), for the words from “that” to the end substitute

In section 257 (restrictions on dealings following inquiry), in subsection (1), for the words from “that” to the end substitute “that—

the affairs of a private registered provider have been mismanaged, or

a private registered provider has failed to meet a standard under section 194.”

In section 259 (suspension of officer etc during inquiry)—

in subsection (1)(a), for “non-profit” substitute “private”;

in subsection (1)(b), for “either” substitute “any”;

in subsection (3), for the words from “that” to the end substitute ;

after subsection (3) insert— ;

for subsection (4) substitute—

In section 260 (removal or suspension of officer etc following inquiry)—

in subsection (1), for the words from “that” to the end substitute ;

in subsection (2), for the words from “who” to the end substitute

In section 266 (removal of officers)—

in subsection (1), for “non-profit” substitute “private”;

after subsection (8) insert—

In section 269 (appointment of new officers)—

in subsection (1), for “non-profit” substitute “private”;

in subsection (1)(b), omit “or”;

after subsection (1)(b) insert— ;

after subsection (1) insert— ;

in subsection (4)(a)—

In section 269A (local authorities: censure during or following inquiry)—

in subsection (3), for the words from “that” to the end substitute ;

in subsection (4), for the words from “that” to the end substitute

In section 269B (response to censure notice), in subsection (2)(c), after “mismanaged” insert “or it has failed to meet the standard (as the case may be).”

The Housing and Regeneration Act 2008 is amended as follows.

In section 115 (profit-making and non-profit organisations), in subsection (9), at the end insert “and notify the body it has done so.”

In section 116 (voluntary registration), after subsection (2) insert—

in paragraph (b), after “it” insert “under section 118(1)”;

in that paragraph, omit “or”;

at the end of paragraph (c) insert—

In section 223 (enforcement notice: appeal)—

the existing text becomes subsection (1);

after that subsection insert—

In section 235 (penalty notice: appeals)—

the existing text becomes subsection (1);

after that subsection insert—

In section 245 (compensation notice: appeals)—

the existing text becomes subsection (1);

after that subsection insert—

In section 247 (management tender), in subsection (2), after “may” insert “by notice”.

In section 248 (management tender: procedure and appeals), after subsection (9) insert—

In section 249 (management transfer), in subsection (2), after “may” insert “by notice”.

In section 250 (management transfer: procedure and appeals), after subsection (9) insert—

In section 251 (appointment of manager), in subsection (2), after “may” insert “by notice to the registered provider”.

In section 252 (appointment of manager: procedure and appeals), after subsection (9) insert—

In section 259 (suspension of officer etc during inquiry), after subsection (7) insert—

In section 260 (removal or suspension of officer etc following inquiry), after subsection (5) insert—

In section 267 (removal of officers: supplemental), after subsection (1) insert—

In section 268 (removal or suspension of officer etc: appeals)—

the existing text becomes subsection (1);

after that subsection insert—

The Housing and Regeneration Act 2008 is amended as set out in paragraphs 2 to 46.

In section 60 (structural overview) omit subsection (4).

In section 74A (leaving the social housing stock: private providers), in subsection (1), in both places, omit “of social housing”.

In section 79 (English bodies), omit subsections (2) to (5).

In section 92K (fundamental objectives), in subsections (2)(a) and (3)(d), omit “of social housing”.

In section 96 (evidence), in paragraph (d), for “an ombudsman appointed by virtue of section 124” substitute “a housing ombudsman”.

In section 112 (eligibility for voluntary registration)—

for subsection (1) substitute— ;

omit subsection (5).

Omit section 113.

In section 114 (registration of local authorities)—

omit subsection (1);

in subsection (2), after “require” insert “or permit”;

in subsection (3)—

in subsection (5)—

In section 114A (local authorities: duty to notify), in subsection (1) omit “in England”.

In section 122 (payments to members etc), in subsection (6), for “registered company or registered society” substitute “registered provider”.

In section 135 (charity accounts), in subsection (1), omit “non-profit”.

In section 153 (moratorium: process for proposals)—

in subsection (2)(a) omit “and its officers”;

in subsection (6)(a) omit “and its officers”.

Before section 169A (but after the heading before that section) insert—

In section 169D (directions about notifications)—

for “169C”, in both places, substitute “169CD”;

in subsection (1)(a), omit “private”.

In section 192 (overview of Chapter 6)—

in paragraph (a), for “to 198B” substitute “to 198”;

in paragraph (b), for “to 210” substitute “to 210A”;

in paragraph (d) omit “about the submission of information and opinions relating to registered providers and”.

In section 193 (standards relating to consumer matters)—

in subsection (1), after “extent” insert “, safety, energy efficiency”;

in subsection (2)(f), for “and informing tenants” substitute “tenants and providing them with information in connection with such consultation”;

in subsection (2), after paragraph (h) insert— ;

omit subsection (3).

In section 194 (standards relating to economic matters), omit subsection (3).

In section 197 (direction by Secretary of State), in subsection (2)(a), after “quality” insert “, safety or energy efficiency”.

In section 198 (supplemental provisions about standards), after subsection (5) insert—

In section 203(3) (inspector’s powers), for “107(3) to (7)” substitute “107(2A) to (4) and (5) to (7)”.

In section 208(4) (inquirer’s powers), for “107(3) to (7)” substitute “107(2A) to (4) and (5) to (7)”.

In section 215 (guidance about use of intervention powers) omit—

subsection (1)(a) (including the final “and”);

subsection (2);

subsection (2A).

In section 216 (consultation), in paragraph (b), at the end insert “of social housing”.

In section 217 (accreditation)—

in subsection (4)(b), after “193” insert “or 194A”;

in subsection (6), after “193” insert “or 194A”.

In section 218 (exercise of enforcement powers)—

in subsection (1), for “Subsection (2)” substitute “This section”;

in subsection (2), after paragraph (d) insert— ;

omit subsections (3) and (4).

In section 220 (grounds for giving enforcement notice)—

in subsection (2) omit “applicable to it”;

in subsection (11), for “an ombudsman appointed by virtue of section 124” substitute “a housing ombudsman”;

omit subsection (11A).

In section 227 (grounds for imposition of a penalty), omit subsection (7A).

In section 237 (grounds for award of compensation), omit subsection (4).

In section 239 (housing ombudsman compensation), in subsection (1), for “an ombudsman appointed by virtue of section 124” substitute “a housing ombudsman”.

In section 242 (warning before giving compensation notice), in subsection (2), for “person appointed by virtue of section 124 as the ombudsman” substitute “housing ombudsman”.

In section 247 (grounds for requiring management tender), in subsection (1)—

in paragraph (a), omit “applicable to it”;

omit paragraph (aa) (including the final “or”).

In section 251 (grounds for appointing manager), in subsection (1), omit paragraph (aa) (including the final “or”).

In section 256 (restrictions on dealings during an inquiry), in subsection (2), for “has reasonable grounds for believing” substitute “is satisfied”.

In section 258 (restrictions on dealings: supplemental), in subsection (3), omit the words from “not” to the end.

In the heading immediately before section 259, omit “non-profit”.

In section 259 (suspension during inquiry), in subsection (2), for “has reasonable grounds for believing” substitute “is satisfied”.

In section 264 (offence of acting as an officer while disqualified), in subsection (2)(a), omit “not exceeding the statutory maximum”.

In section 269 (appointment of new officers), in subsection (1)(c), for “thinks” substitute “is satisfied”.

In section 269A (local authorities: censure during or following inquiry), in subsection (2), for “has reasonable grounds for believing” substitute “is satisfied”.

Omit section 274 (definition of charities that have “received public assistance”).

In section 275 (general), for the definition of “local authority” substitute— .

In section 276 (index of defined terms)—

after the entry for “The HCA” insert— ;

after the entry relating to “penalty notice” insert— ;

omit the entry relating to “received public assistance (charities)”.

After section 276A (inserted by section 35) insert—

In section 278A (power to nominate bodies for consultation purposes), in subsection (1), omit paragraph (b).

In section 320 (orders and regulations), in subsection (7)(a), for “, 122 and 229” substitute “and 122”.

In Schedule 17 to the Localism Act 2011 (regulation of social housing) omit—

paragraph 6;

paragraph 15(4);

paragraph 17.

Omit section 30 of the Welfare Reform and Work Act 2016.