Part 2Regulation of Social Housing

Chapter 1Introduction

Other key concepts

78Regulator of Social Housing

1

Section 81 establishes the Office referred to in this Part as “the regulator”.

2

Chapter 2 makes provision for the regulator’s constitution and general powers.

3

Other provisions of this Part confer functions on the regulator.

79English bodies

1

In this Part “English body” means—

a

a registered charity whose address for the purposes of registration by the Charity Commission is in England,

b

an industrial and provident society whose registered office for the purposes of the Industrial and Provident Societies Act 1965 (c. 12) is in England,

c

a registered company which has its registered office in England,

d

a community land trust which owns land in England, and

e

any other person (whether or not a body corporate registered under the law of the United Kingdom) which—

i

is not a Welsh body within the meaning of section 1A of the Housing Act 1996 (c. 52), and

ii

makes available, or intends to make available, accommodation in England.

2

In subsection (1)(d) “community land trust” means a body corporate which satisfies the conditions below.

3

In those conditions “local community” means the individuals who live or work, or want to live or work, in a specified area.

4

Condition 1 is that the body is established for the express purpose of furthering the social, economic and environmental interests of a local community by acquiring and managing land and other assets in order—

a

to provide a benefit to the local community, and

b

to ensure that the assets are not sold or developed except in a manner which the trust’s members think benefits the local community.

5

Condition 2 is that the body is established under arrangements which are expressly designed to ensure that—

a

any profits from its activities will be used to benefit the local community (otherwise than by being paid directly to members),

b

individuals who live or work in the specified area have the opportunity to become members of the trust (whether or not others can also become members), and

c

the members of the trust control it.

80Provider of social housing

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”.