SCHEDULES

SCHEDULE 1Amendment of Part 2 of the Act

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—

114ALocal 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,”.