|Housing Act 1996|
|1996 Chapter 52 - continued|
An Act to make provision about housing, including provision about the social rented sector, houses in multiple occupation, landlord and tenant matters, the administration of housing benefit, the conduct of tenants, the allocation of housing accommodation by local housing authorities and homelessness; and for connected purposes.
[24th July 1996]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
|SOCIAL RENTED SECTOR|
|REGISTERED SOCIAL LANDLORDS|
|The register of social landlords.|| 1. - (1) The Corporation shall maintain a register of social landlords which shall be open to inspection at all reasonable times at the head office of the Corporation.|
| (2) On the commencement of this section every housing association which immediately before commencement was registered in the register kept by the Corporation under Part I of the Housing Associations Act 1985 shall be registered as a social landlord.|
|Eligibility for registration.|| 2. - (1) A body is eligible for registration as a social landlord if it is- |
| (2) The conditions are that the body is non-profit-making and is established for the purpose of, or has among its objects or powers, the provision, construction, improvement or management of- |
|and that any additional purposes or objects are among those specified in subsection (4).|
| (3) For the purposes of this section a body is non-profit-making if- |
| (4) The permissible additional purposes or objects are- |
| (5) A body is not ineligible for registration as a social landlord by reason only that its powers include power- |
| (6) In this section- |
| (7) The Secretary of State may by order specify permissible purposes, objects or powers additional to those specified in subsections (4) and (5).|
| The order may (without prejudice to the inclusion of other incidental or supplementary provisions) contain such provision as the Secretary of State thinks fit with respect to the priority of mortgages entered into in pursuance of any additional purposes, objects or powers.|
| (8) An order under subsection (7) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.|
|Registration.|| 3. - (1) The Corporation may register as a social landlord any body which is eligible for such registration.|
| (2) An application for registration shall be made in such manner, and shall be accompanied by such fee (if any), as the Corporation may determine.|
| (3) As soon as may be after registering a body as a social landlord the Corporation shall give notice of the registration- |
|who shall record the registration.|
| (4) A body which at any time is, or was, registered as a social landlord shall, for all purposes other than rectification of the register, be conclusively presumed to be, or to have been, at that time a body eligible for registration as a social landlord.|
|Removal from the register.|| 4. - (1) A body which has been registered as a social landlord shall not be removed from the register except in accordance with this section.|
| (2) If it appears to the Corporation that a body which is on the register of social landlords- |
|the Corporation shall, after giving the body at least 14 days' notice, remove it from the register.|
| (3) In the case of a body which appears to the Corporation to have ceased to exist or not to operate, notice under subsection (2) shall be deemed to be given to the body if it is served at the address last known to the Corporation to be the principal place of business of the body.|
| (4) A body which is registered as a social landlord may request the Corporation to remove it from the register and the Corporation may do so, subject to the following provisions.|
| (5) Before removing a body from the register of social landlords under subsection (4) the Corporation shall consult the local authorities in whose area the body operates; and the Corporation shall also inform those authorities of its decision.|
| (6) As soon as may be after removing a body from the register of social landlords the Corporation shall give notice of the removal- |
|who shall record the removal.|
|Criteria for registration or removal from register.|| 5. - (1) The Corporation shall establish (and may from time to time vary) criteria which should be satisfied by a body seeking registration as a social landlord; and in deciding whether to register a body the Corporation shall have regard to whether those criteria are met.|
| (2) The Corporation shall establish (and may from time to time vary) criteria which should be satisfied where such a body seeks to be removed from the register of social landlords; and in deciding whether to remove a body from the register the Corporation shall have regard to whether those criteria are met.|
| (3) Before establishing or varying any such criteria the Corporation shall consult such bodies representative of registered social landlords, and such bodies representative of local authorities, as it thinks fit.|
| (4) The Corporation shall publish the criteria for registration and the criteria for removal from the register in such manner as the Corporation considers appropriate for bringing the criteria to the notice of bodies representative of registered social landlords and bodies representative of local authorities.|
|Appeal against decision on removal.|| 6. - (1) A body which is aggrieved by a decision of the Corporation- |
|may appeal against the decision to the High Court.|
| (2) If an appeal is brought against a decision relating to the removal of a body from the register, the Corporation shall not remove the body from the register until the appeal has been finally determined or is withdrawn.|
| (3) As soon as may be after an appeal is brought against a decision relating to the removal of a body from the register, the Corporation shall give notice of the appeal- |
Regulation of registered social landlords
|Regulation of registered social landlords.|| 7. Schedule 1 has effect for the regulation of registered social landlords.
Part I relates to the control of payments to members and similar matters.
Part II relates to the constitution, change of rules, amalgamation or dissolution of a registered social landlord.
Part III relates to accounts and audit.
Part IV relates to inquiries into the affairs of a registered social landlord.
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