The Housing and Regeneration Act 2008 (Commencement No. 7 and Transitional and Saving Provisions) Order 2010

Registration

Outstanding applications for registration

5.—(1) Sub-paragraph (2) applies if—

(a)a person has made an application before the commencement date in accordance with section 3 of the 1996 Act (registration) for registration as an English registered social landlord, and

(b)the application has not been determined by the TSA or withdrawn before that date.

(2) The application is to be treated, on and after the commencement date, as an application made in accordance with Chapter 3 of Part 2 of the 2008 Act for registration as a non-profit registered provider of social housing.

Outstanding requests for removal from the register

6.—(1) Sub-paragraph (2) applies if—

(a)an English registered social landlord has made a request before the commencement date under section 4(4) of the 1996 Act (removal from register) to be removed from the register, and

(b)the request has not been determined by the TSA or withdrawn before that date.

(2) The request is to be treated, on and after the commencement date, as a request under section 119 of the 2008 Act (de-registration: voluntary).

(3) For this purpose, any consultation wholly or partly undertaken before the commencement date under section 4(5) of the 1996 Act is to be treated as a consultation wholly or partly undertaken under section 119(3) of the 2008 Act.

Outstanding steps in relation to compulsory removal from the register

7.—(1) Sub-paragraph (2) applies if—

(a)the TSA has given notice to an English registered social landlord before the commencement date under section 4(2) of the 1996 Act that the TSA intends to remove it from the register,

(b)the period of 14 days mentioned in section 4(2) of that Act has ended before the commencement date, but

(c)the TSA has neither removed the English registered social landlord from the register before that date nor decided before that date not to remove it from the register.

(2) The TSA may, on or after the commencement date, exercise the power under section 118(1) of the 2008 Act (de-registration: compulsory) to remove the person from the register.

(3) For this purpose, the TSA is to be treated as having met the requirements of section 118(2) of the 2008 Act.

(4) Sub-paragraph (5) applies if—

(a)the TSA has given notice to an English registered social landlord before the commencement date under section 4(2) of the 1996 Act that the TSA intends to remove it from the register, and

(b)the period of 14 days mentioned in section 4(2) of that Act has not ended before the commencement date.

(5) The notice is to be treated, on and after the commencement date, as a notice under section 118(2) of the 2008 Act.

(6) Accordingly, the relevant days before the commencement date are to be counted for the purposes of the notice period.

Outstanding rights of appeal

8.—(1) Sub-paragraph (2) applies if, immediately before the commencement date, a person—

(a)has a right of appeal under section 6(1) of the 1996 Act (appeal against decision on removal) in relation to registration, or prospective registration, as an English registered social landlord, but

(b)has not exercised that right.

(2) The right of appeal is to be treated, on and after the commencement date, as a right of appeal under section 121 of the 2008 Act (appeal) in relation to a corresponding decision of the TSA in relation to registration, or prospective registration, as a non-profit registered provider of social housing.

Outstanding appeals

9.—(1) Sub-paragraph (2) applies if—

(a)a person has made an appeal before the commencement date under section 6 of the 1996 Act in relation to registration, or prospective registration, as an English registered social landlord, and

(b)the appeal has not been finally determined or withdrawn before that date.

(2) The appeal is to be treated, on and after the commencement date, as an appeal under section 121 of the 2008 Act in relation to a corresponding decision of the TSA in relation to registration, or prospective registration, as a non-profit registered provider of social housing.

Outstanding notifications

10.—(1) Sub-paragraph (2) applies if the TSA—

(a)has registered a person as an English registered social landlord before the commencement date or removed an English registered social landlord from the register before that date, but

(b)has not given notice under section 3(3) or (as the case may be) 4(6) of the 1996 Act before that date.

(2) The TSA must give such a notice as soon as reasonably practicable on or after the commencement date.

(3) Any such notice under section 3(3) of the 1996 Act must include an explanation of the effect of section 278 of the 2008 Act (transitional).

(4) Sub-paragraph (5) applies if—

(a)a person has appealed under section 6(1) of the 1996 Act before the commencement date, but

(b)the TSA has not given notice under section 6(3) of that Act before that date.

(5) The TSA must give such a notice as soon as reasonably practicable on or after the commencement date.

(6) Any such notice must include an explanation of the effect of section 278 of the 2008 Act.

Non-stockholding registered social landlords

11.—(1) Sub-paragraph (2) applies to a person who is included in the register of providers of social housing by virtue of section 278 of the 2008 Act but does not meet condition 1 in section 112 of that Act.

(2) Nothing in section 118 or 119 of that Act requires the de-registration of such a person on the ground that the person does not meet that condition.