Part 2E+WRegulation of Social Housing

Chapter 2E+WThe Social Housing Regulator

PowersE+W

93GeneralE+W

(1)The regulator may do anything it thinks necessary or expedient for the purpose of or in connection with the performance of a function [F1of the regulator].

(2)In particular, the regulator may do anything it thinks appropriate for advancing its fundamental objectives.

94StudiesE+W

(1)The regulator may carry out or commission studies designed to improve the economy, effectiveness and efficiency of registered providers.

(2)The regulator may publish a report on a study.

F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

95Financial assistanceE+W

(1)The regulator may, where it thinks it advances a fundamental objective, give financial assistance to a person in connection with—

(a)undertaking research,

(b)preparing guidance,

(c)developing and publicising best practice, or

(d)facilitating the management of social housing by tenants.

(2)Financial assistance under subsection (1) may be given—

(a)by way of grant,

(b)by way of loan,

(c)by defraying expenditure on behalf of a person, or

(d)in any other way except purchasing loan or share capital of a body corporate or giving a guarantee or indemnity.

(3)The regulator may, where it thinks it advances a fundamental objective, give financial assistance to [F3a private registered provider] by—

(a)lending money to or in respect of the registered provider, or

(b)giving a guarantee or indemnity in respect of the registered provider.

(4)Financial assistance may be given under subsection (3) only with the consent of the Secretary of State (given with the approval of the Treasury).

(5)Financial assistance under subsection (1) or (3) may be given on conditions (which may include provision for repayment, with or without interest).

96EvidenceE+W

In considering whether to exercise a power under this Part the regulator may have regard to information or opinions from any source including, in particular, from—

(a)tenants,

(b)bodies representing tenants,

(c)local housing authorities, or

(d)[F4the Commission for Local Administration in England or] [F5a housing ombudsman].

[F696AAdvisory panelE+W

(1)The regulator must establish a panel of persons called “the Advisory Panel”.

(2)The Panel may provide information and advice to the regulator about, or on matters connected with, the regulator’s functions (whether or not it is requested to do so by the regulator).

(3)The reference in subsection (2) to matters connected with the regulator’s functions includes anything which could have a significant impact on registered providers or the provision of social housing.

(4)The regulator must appoint the following persons to the Panel—

(a)persons appearing to the regulator to represent the interests of—

(i)registered providers;

(ii)secured creditors of registered providers;

(iii)tenants of social housing;

(iv)local housing authorities,

(b)the Greater London Authority,

(c)the HCA, and

(d)the Secretary of State.

(5)The regulator may appoint such other persons to the Panel as it thinks fit to appoint.

(6)The regulator may make payments to persons who are members of the Panel in respect of any expenses they incur in connection with their appointment to the Panel.

(7)The regulator must make arrangements requiring any person who is a member of the Panel to declare any financial or other personal interest relevant to the regulator’s functions.]

97Information, advice etc.E+W

(1)The regulator may for the purpose of advancing its fundamental objectives—

(a)publish ideas or information;

(b)undertake research in relation to social housing;

(c)provide guidance, advice, education or training.

(2)The regulator may for that purpose—

(a)arrange for another person to do anything within subsection (1)(a) to (c);

(b)act jointly with, cooperate with or assist another person doing anything within subsection (1)(a) to (c).

(3)The persons to whom advice may be given under subsection (1) include—

(a)unregistered housing associations (as defined by section 2B of the Housing Associations Act 1985 (c. 69)), and

(b)persons who may be forming a housing association (within the meaning of section 1(1) of that Act).

98Tenant involvementE+W

(1)The regulator shall—

(a)promote awareness of the regulator's functions among tenants of social housing,

(b)where the regulator thinks it appropriate, consult them about the exercise of its functions (for example, by holding meetings), and

(c)where the regulator thinks it appropriate, involve them in the exercise of its functions (for example, by appointing them to committees or sub-committees).

(2)The regulator shall from time to time publish a statement about how it proposes to comply with subsection (1).

(3)Before publishing a statement the regulator must consult such persons as it thinks appropriate.