Housing and Regeneration Act 2008

Chapter 2E+WThe Social Housing Regulator

[F1The RegulatorE+W

80A.EstablishmentE+W

(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.

80B.MembershipE+W

(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).

80C.Terms of appointment of membersE+W

(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.

80D.StaffE+W

(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.]

ConstitutionE+W

F281EstablishmentE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F382MembershipE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F483TenureE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F584Chief executiveE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F685Other staffE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ProceedingsE+W

F786Fundamental objectivesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F887ProcedureE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F988Conflict of interestE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1089CommitteesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1190DelegationE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1291SealE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1392Annual reportE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F1492ARegulation functions of the HCAE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14 92B The Regulation CommitteeE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14 92C Membership of the Regulation CommitteeE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14 92D Terms of appointment of membersE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1492E Remuneration etc of members E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1492F Sub-committees of the Regulation CommitteeE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1492G Procedure of the Committee and its sub-committeesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1492H Members' interestsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1492I Exercise of functionsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1492J Recommendations to HCAE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F15Fundamental objectivesE+W

92K Fundamental objectivesE+W

(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 F16... 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 [F17, 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, F18...

[F19(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 F20... 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.]

[F21Procedure etc.E+W

92L.CommitteesE+W

(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.

92M.ProcedureE+W

(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.

92N.Conflict of interestE+W

(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.

92O.DelegationE+W

(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.

92P.Members’ interestsE+W

(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).

92Q.SealE+W

(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.]

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 [F22of 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.

F23(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 [F24a 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)[F25the Commission for Local Administration in England or] [F26a housing ombudsman].

[F2796AAdvisory 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.

MoneyE+W

F2899RemunerationE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2999A.RemunerationE+W

(1)The regulator may pay to or in respect of appointed members—

(a)remuneration, and

(b)travelling and other allowances.

(2)The Secretary of State must determine rates and eligibility criteria for payments under subsection (1).

(3)If the Secretary of State considers that there are special circumstances that justify the payment of compensation to a person on ceasing to be an appointed member, the regulator may pay such compensation as is determined by the Secretary of State.]

100ChargingE+W

[F30(1)]The regulator may charge for giving advice, conducting research or providing other services.

F31(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F32100A.Assistance by Secretary of StateE+W

(1)The Secretary of State may make payments to the regulator by way of grant or loan.

(2)A grant or loan may be subject to conditions (which may include provision for repayment, with or without interest).]

[F32100B.BorrowingE+W

(1)The regulator may borrow—

(a)by way of overdraft or otherwise, for the purpose of what it considers to be short-term management of its finances, or

(b)from the Secretary of State.

(2)The regulator may not borrow otherwise.]

[F32100C.AccountsE+W

(1)The regulator must keep proper accounts (and proper records of its accounts).

(2)As soon as is reasonably practicable after the end of each financial year the regulator must prepare a statement of accounts in respect of that financial year.

(3)The statement must be in such form as the Secretary of State may direct.

(4)The regulator must, within such period as the Secretary of State may direct, send a copy of the statement to—

(a)the Secretary of State, and

(b)the Comptroller and Auditor General.

(5)The Comptroller and Auditor General must—

(a)examine, certify and report on the statement, and

(b)send a copy of the certified statement and the report to the Secretary of State as soon as possible.

(6)The Secretary of State must lay before Parliament a copy of each statement and report received under subsection (5).]

[F32100D.Regulator’s annual reportE+W

(1)The regulator must, as soon as is reasonably practicable after the end of each financial year, prepare an annual report in relation to how it has exercised its functions during that financial year.

(2)The regulator must, within such period as the Secretary of State may direct, send a copy of the annual report to the Secretary of State.

(3)The Secretary of State must lay a copy of each annual report before Parliament.]

[F32100E.Financial yearE+W

(1)The regulator’s financial year is each period of 12 months beginning with 1st April.

(2)But the first financial year is the period—

(a)beginning with the day on which section 80A comes into force, and

(b)ending with the next 31st March.]

[F32Relationship with the HCAE+W

100FCooperation with the HCAE+W

(1)The regulator must, in the exercise of its functions, cooperate with the HCA.

(2)The regulator must, in particular, consult the HCA on matters related to the HCA’s social housing functions.

100GDirection to the HCAE+W

(1)The regulator may direct the HCA not to give financial assistance to a specified registered provider—

(a)under section 19, and

(b)in connection with social housing.

(2)A direction may be given if—

(a)the regulator has decided to hold an inquiry into the affairs of the registered provider under section 206 (and the inquiry is not concluded),

(b)the regulator has received notice in respect of the registered provider under section 145, or

(c)the regulator has appointed an officer of the registered provider under section 269 (and the person appointed has not vacated office).

(3)A direction may prohibit the HCA from giving assistance of a specified kind (whether or not in pursuance of a decision already taken and communicated to the registered provider).

(4)A direction may not prohibit grants to a registered provider in respect of discounts given by the provider on disposals of dwellings to tenants.

(5)A direction has effect until withdrawn.]

[F33Relationship with housing ombudsmanE+W

100HRelationship with housing ombudsmanE+W

(1)The regulator and a housing ombudsman must each take such steps as it considers appropriate to co-operate in the exercise of their respective functions.

(2)The regulator and a housing ombudsman must prepare and maintain a memorandum describing how they intend to comply with subsection (1).

(3)The regulator and a housing ombudsman must ensure that the memorandum between them as currently in force is published in the way appearing to them to be best calculated to bring it to the attention of the public.]

F34101Assistance by Secretary of StateE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35102BorrowingE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36103AccountsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37104Financial yearE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Relationship with other bodiesE+W

F38105Cooperation with the HCAE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39106Direction to the HCAE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40106ACooperation with the Audit CommissionE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

InformationE+W

107CollectionE+W

(1)The regulator may for a purpose connected with its functions require a person to provide documents or information which it has reason to believe is or may be in the person's possession and which relates to—

(a)the financial or other affairs of a registered provider;

[F41(b)activities which are or may be carried out by—

(i)a person who is, or who has applied to become, a registered provider, or

(ii)a local authority in England which the regulator thinks may be, or may become, a provider of social housing.]

(2)A requirement may be imposed on a person other than the body to which the document or information relates only if—

(a)the body has been required to provide the document or information but has failed to do so, or

(b)the regulator thinks that the body is unable to provide it.

(3)A requirement may specify—

(a)the form and manner in which a document or information is to be provided (which may include the provision of a legible copy of information stored electronically);

(b)when and where it is to be provided.

(4)The regulator may copy or record documents or information provided.

(5)Failure to comply with a requirement without reasonable excuse is an offence.

(6)Intentionally altering, suppressing or destroying a document or information to which a requirement relates is an offence.

(7)If a person fails to comply with a requirement the High Court may, on an application by the regulator, make an order for the purpose of remedying the failure.

108Section 107: supplementalE+W

(1)A requirement does not require a person to disclose anything which the person would be entitled to refuse to disclose on grounds of legal professional privilege in proceedings in the High Court.

(2)A requirement does not require a banker to breach a duty of confidentiality owed to a person who is not—

(a)the registered provider to whose affairs or activities the documents or information relates,

(b)a subsidiary of the registered provider, or

(c)an associate of the registered provider.

(3)A person guilty of an offence under section 107(5) is liable on summary conviction to a fine F42....

(4)A person guilty of an offence under section 107(6) is liable—

(a)on summary conviction, to a fine F43...;

(b)on conviction on indictment, to—

(i)imprisonment for a term not exceeding two years,

(ii)a fine, or

(iii)both.

(5)Proceedings for an offence under section 107(5) or (6) may be brought only by or with the consent of—

(a)the regulator, or

(b)the Director of Public Prosecutions.

(6)An order under section 107(7) may include provision about costs.

109DisclosureE+W

(1)A public authority may disclose information to the regulator if the authority thinks that the disclosure is necessary for a purpose connected with the regulator's functions.

(2)The regulator may disclose information to a public authority if the regulator thinks that the disclosure is necessary—

(a)for a purpose connected with the regulator's functions, or

(b)for a purpose connected with the authority's functions.

(3)The regulator may disclose information to a person acting on its behalf for a purpose connected with the regulator's functions.

(4)A disclosure may be subject to restrictions on further disclosure.

(5)The power to disclose information under this section is subject to any express restriction on disclosure imposed by another enactment (ignoring any restriction which allows disclosure if authorised by an enactment).

(6)Disclosure in contravention of a restriction under subsection (4) is an offence.

(7)A person guilty of an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(8)“Public authority” means a person having functions of a public nature (whether or not in the United Kingdom).