The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010

Chapter 3 (registration)

11.—(1) Section 112 (eligibility for registration) is amended as follows.

(2) In subsection (4)(b), for “registered providers” substitute “private registered providers”.

(3) After subsection (4) insert—

“(5) Section 114 deals with bodies falling within the exceptions in section 113.”

(4) The heading becomes “Eligibility for voluntary registration”.

12.  The heading to section 113 becomes “Section 112: exceptions”.

13.  After section 114 insert—

“114A    Local authorities: duty to notify

(1) A local authority in England which is not subject to compulsory registration must notify the regulator as soon as it becomes subject to compulsory registration.

(2) For these purposes, an authority is subject to compulsory registration if—

(a)it is a provider of social housing, or

(b)it intends to become a provider of social housing.”

14.  In section 115 (profit-making and non-profit organisations), after subsection (9) insert—

“(10) Subsection (1) does not apply to the entry of a local authority in the register (and, accordingly, references to “profit-making” and “non-profit” in connection with a registered provider do not refer to a local authority).”

15.—(1) Section 116 (entry) is amended as follows.

(2) In subsection (1)(a), after “registration” insert “under section 112(1)”.

(3) In subsection (4), after “entered” insert “in the register under this section”.

(4) In subsection (5), after “in the register” insert “under this section”.

(5) After subsection (5) insert—

“(6) This section deals with voluntary registration; for the registration of local housing authorities and county councils, see section 114.”

(6) The heading becomes “Entry in the register: voluntary registration”.

16.  In section 117 (fees), for subsections (1) and (2) substitute—

“(1) The regulator may charge—

(a)a fee for initial registration, and

(b)an annual fee for continued registration.

(2) Except in the case of a local authority, the regulator may make initial or continued registration conditional upon payment of the fee.”

17.—(1) Section 118 (de-registration: compulsory) is amended as follows.

(2) In subsection (1), for “body” substitute “private registered provider”.

(3) After subsection (3) insert—

“(4) The regulator shall remove a local authority from the register if the regulator becomes aware that the authority—

(a)is no longer a provider of social housing, or

(b)no longer intends to become a provider of social housing (in the case of an authority which intended to become one but did not in fact do so).”

18.  In section 119 (de-registration: voluntary), in subsection (1), for “registered provider” substitute “private registered provider”.

19.—(1) Section 120 (notice) is amended as follows.

(2) In subsection (1)—

(a)omit “and” at the end of paragraph (b), and

(b)at the end of paragraph (c) insert—

“, and

(d)in the case of a local authority, the Secretary of State.”

(3) In subsection (2), at the beginning insert “Except in the case of a local authority,”.