C1Part 2Regulation of Social Housing
Chapter 6Regulatory powers
192I1Overview
This Chapter—
a
allows the regulator to set standards for the provision of social housing (sections 193 to F37198B),
b
gives the regulator powers to monitor compliance (sections 199 to F71to 210A),
F46c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
e
allows the regulator to arrange for the accreditation of managers of social housing (section 217) F73, and
f
makes provision about terms to be implied into management services agreements (section 217A).
Standards
193I2F40Standards relating to consumer matters
1
The regulator may set standards for registered providers as to the nature, extent F75, safety, energy efficiency and quality of accommodation, facilities or services provided by them in connection with social housing.
2
Standards under subsection (1) may, in particular, require registered providers to comply with specified rules about—
a
criteria for allocating accommodation,
b
terms of tenancies,
F41c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
maintenance,
e
procedures for addressing complaints by tenants against landlords,
f
methods for consulting F76tenants and providing them with information in connection with such consultation,
g
methods of enabling tenants to influence or control the management of their accommodation and environment,
F11ga
methods of assisting tenants to exchange tenancies,
h
policies and procedures required by section 218A of the Housing Act 1996 (c. 52) in connection with anti-social behaviour,
F74ha
policies and procedures in connection with behaviour which amounts to domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act),
i
landlords' contribution to the environmental, social and economic well-being of the areas in which their property is situated, and
j
estate management.
F773
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I3194F24Standards relating to economic matters
1
F261A
Standards under subsection (1) may, in particular, require private registered providers to comply with specified rules about—
a
the management of their financial and other affairs, and
b
their efficiency in carrying on their financial and other affairs.
2
In respect of profit-making registered providers, standards may be made in relation to the management of their affairs only so far as relating to the provision of social housing.
C2F272A
The regulator may set standards for registered providers requiring them to comply with specified rules about their levels of rent (and the rules may, in particular, include provision for minimum or maximum levels of rent or levels of increase or decrease of rent).
F873
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
194AF62Standards relating to competence and conduct
1
The regulator may set standards for registered providers in matters relating to the competence and conduct of individuals involved in the provision of services in connection with the management of social housing (“relevant individuals”).
2
Standards under subsection (1) may, in particular, require registered providers to comply with specified rules about—
a
the knowledge, skills and experience to be required of relevant individuals, and
b
the conduct to be expected of relevant individuals in their dealings with tenants.
3
Standards under subsection (1) may require registered providers to secure that their senior housing executives and senior housing managers—
a
have a specified qualification in housing management or type of qualification in housing management, or
b
are working towards such a qualification or type of qualification.
4
Standards under subsection (1) may require registered providers to take steps to secure that relevant managers of their services providers—
a
have a specified qualification in housing management or type of qualification in housing management, or
b
are working towards such a qualification or type of qualification.
5
Each of the following is a “relevant manager” of a services provider—
a
if the services provider is a relevant individual, that individual;
b
a senior housing executive of the services provider;
c
a senior housing manager of the services provider.
6
A qualification or type of qualification specified for a senior housing executive may only be—
a
a foundation degree, or
b
a qualification or type of qualification regulated by the Office of Qualifications and Examinations Regulation which is of a level not exceeding level 5.
7
8
The references in subsections (6) and (7) to the level of a qualification are to the level assigned to a qualification by virtue of general conditions set and published by the Office of Qualifications and Examinations Regulation under section 134 of the Apprenticeships, Skills, Children and Learning Act 2009.
9
10
See also section 217A (which makes provision implying terms relating to qualifications into management services agreements).
194BMeaning of “services provider”, “senior housing executive” and “senior housing manager”
1
This section makes provision about the meaning of terms for the purposes of section 194A.
2
“Services provider”, in relation to a registered provider, means a person who, in accordance with an agreement with the registered provider or another person, provides services in connection with the management of social housing provided by the registered provider or arranges for the provision of such services.
3
For the purposes of subsection (2), an agreement does not include a contract of employment or a contract of apprenticeship.
4
“Senior housing executive” of a registered provider means a relevant individual who—
a
is an employee or officer of the registered provider,
b
has responsibility (solely or jointly) for the day to day management of the provision of services in connection with the management of social housing provided by the registered provider, and
c
is part of the registered provider’s senior management.
5
“Senior housing executive” of a services provider in relation to a registered provider means a relevant individual who—
a
is—
i
an employee of the services provider,
ii
an officer of the services provider, or
iii
if the services provider is a partnership, a partner in the partnership,
b
has responsibility (solely or jointly) for the day to day management of the provision of services in connection with the management of social housing provided by the registered provider, and
c
is part of the services provider’s senior management.
6
For the purposes of subsections (4) and (5), an individual is part of a registered provider’s or services provider’s senior management if the individual plays a significant role in—
a
the making of decisions about how the whole or a substantial part of the activities of the provider which relate to social housing are to be managed or organised, or
b
the management or organisation of the whole or a substantial part of such activities.
7
“Senior housing manager” of a registered provider means a relevant individual who—
a
is an employee of the registered provider, and
b
is a senior housing and property manager for the registered provider.
8
“Senior housing manager” of a services provider in relation to a registered provider means a relevant individual who—
a
is an employee of the services provider,
b
is a senior housing and property manager for the services provider, and
c
is involved in the provision of services in connection with the management of social housing provided by the registered provider.
9
For the purposes of subsections (7) and (8), whether an individual is a senior housing and property manager is to be determined by reference to the description of the occupation of senior housing and property management published by the Institute for Apprenticeships and Technical Education under section ZA10(5) of the Apprenticeships, Skills, Children and Learning Act 2009.
10
In this section—
“employee” includes a person employed under a contract of apprenticeship;
“relevant individual” has the same meaning as in section 194A.
11
The following Table gives the meaning of “officer” in relation to services providers for the purposes of this section—
Services provider | Meaning of “officer” |
|---|---|
Registered charity which is not a registered company | Trustee, secretary or treasurer |
Registered society | “Officer” within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014 (including a person co-opted to serve on the society’s committee) |
Registered company | “Officer” within the meaning given by section 1173 of the Companies Act 2006 |
Limited liability partnership | A member of the limited liability partnership. |
194CF64Standards relating to information and transparency
1
The regulator may set standards for registered providers in matters relating to the provision of information to their tenants of social housing and to the regulator, including standards requiring information to be published.
2
Standards under subsection (1) may, in particular, require registered providers to comply with specified rules about—
a
the provision of information to their tenants of social housing concerning the accommodation, facilities or services provided in connection with social housing, including information concerning—
i
their tenants’ rights in connection with those things, and
ii
how to make complaints against registered providers,
b
monitoring their compliance with standards under this section and sections 193, 194 and 194A and informing the regulator if they have failed, or there is a risk they will fail, to meet any of those standards, and
c
the publication of information about—
i
the remuneration of their executives, and
ii
their income, management costs and other expenditure.
3
For the purposes of subsection (2)(c), an “executive”, in relation to a registered provider, means an individual who is both—
a
an officer or employee of the registered provider, and
b
responsible for the management of the provider.
195I4Code of practice
1
The regulator may issue a code of practice which—
a
relates to a matter addressed by a standard F81..., and
b
amplifies the standard.
2
In considering whether standards F82... have been met the regulator may have regard to a code of practice.
3
The regulator may revise or withdraw a code of practice.
4
The regulator shall make arrangements for bringing a code of practice to the attention of registered providers.
196I5Consultation
1
Before setting standards, or issuing, revising or withdrawing a code of practice, the regulator shall consult the following or ensure that they have been consulted—
a
b
one or more bodies appearing to it to represent the interests of registered providers,
one or more bodies appearing to it to represent the interests of secured creditors of registered providers,
F5ba
any body for the time being nominated under section 278A,
c
one or moreF6other bodies appearing to it to represent the interests of tenants of social housing,
F55d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
one or more bodies appearing to it to represent the interests of local housing authorities,
F38ea
the Greater London Authority,
F85eb
any housing ombudsman,
F39f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., and
g
the Secretary of State.
F481A
Before setting standards, or issuing, revising or withdrawing a code of practice, the regulator must also consult the HCA.
2
Before setting a standard which would apply to charities, or issuing, revising or withdrawing a code of practice which applies or would apply to charities, the regulator must consult the Charity Commission.
F863
Before setting a standard under section 194A which imposes a requirement described in subsection (4) of that section, the regulator must consult, or ensure that there has been consultation with, each body (if any) which is nominated by the Secretary of State for the purposes of this subsection.
4
5
The Secretary of State must notify the regulator of any nomination (or withdrawal of any nomination) made for the purposes of subsection (3).
197I6Direction by Secretary of State
1
The Secretary of State may direct the regulator—
a
to set a standard under section 193 F30or 194,
b
about the content of standards under section 193 F31or 194, or
c
to have regard to specified objectives when setting standards under section 193 or 194.
2
The Secretary of State may give a direction under subsection (1)(a) or (b) only if it relates, in the Secretary of State's opinion, to—
a
quality F69, safety or energy efficiency of accommodation,
F12aa
tenure,
b
rent, F14...
c
involvement by tenants in the management by registered providers of accommodation F13, or
d
methods of assisting tenants to exchange tenancies.
F672A
The Secretary of State may direct the regulator—
a
to set a standard under section 194A,
b
d
to have regard to specified objectives when setting those standards.
3
In deciding whether to give a direction the Secretary of State shall, in particular, have regard to the regulator's fundamental objectives.
4
Before giving a direction the Secretary of State must consult—
F49za
the HCA,
a
the regulator,
F29aa
the Greater London Authority,
F68ab
any housing ombudsman,
F28b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
one or more bodies appearing to the Secretary of State to represent the interests of local housing authorities,
F3da
any body for the time being nominated under section 278A,
e
one or moreF4other bodies appearing to the Secretary of State to represent the interests of tenants of social housing, and
f
one or more bodies appearing to the Secretary of State to represent the interests of registered providers.
5
Before giving a direction about a standard which would apply to charities the Secretary of State must consult the Charity Commission.
F665A
Before giving a direction to set a standard under section 194A which imposes a requirement described in subsection (4) of that section, the Secretary of State must consult one or more bodies appearing to the Secretary of State to represent the interests of services providers in relation to registered providers (as defined in section 194B(2)).
6
A direction may disapply the requirement to consult under section 196 in relation to specified matters.
7
The regulator shall comply with any direction.
8
The Secretary of State shall publish—
a
each proposed direction that is the subject of a consultation,
b
each response to a consultation, and
c
each direction.
198Supplemental
F421
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2I7
The regulator shall make arrangements for bringing standards to the attention of registered providers.
I7C33
The regulator may revise or withdraw standards; and section 196 applies to revising or withdrawing standards as to setting standards.
4I7
Standards may be expressed by reference to documents prepared by others.
5I7
Standards—
a
may make provision generally or only in relation to specified cases, circumstances or areas, and
b
may make different provision for different cases, circumstances or areas.
F886
In setting standards the regulator must have regard to the desirability of registered providers being free to choose how to provide services and conduct business.
198AF15Failure to meet standard under section 193
1
Failure by a registered provider to meet a standard under section 193 (standards relating to consumers matters) is a ground for exercising a power in this Chapter or Chapter 7.
2
But a power to which this subsection applies may be exercised on that ground only if the regulator thinks there are reasonable grounds to suspect that—
a
the failure has resulted in a serious detriment to the registered provider's tenants or potential tenants, or
b
there is a significant risk that, if no action is taken by the regulator, the failure will result in a serious detriment to the registered provider's tenants or potential tenants.
3
Subsection (2) applies to the powers conferred by any of the following—
a
section 199 (surveys);
b
section 201 (inspections);
c
section 206 (inquiries);
d
section 220 (enforcement notices);
e
section 227 (penalties);
f
section 237 (compensation);
g
section 247 (management tender);
h
section 251 (appointment of manager).
4
The risk that, if no action is taken by a registered provider or the regulator, the registered provider will fail to meet a standard under section 193 is a ground for exercising a power in this Chapter.
5
But a power in this Chapter may be exercised on that ground only if the regulator thinks there are reasonable grounds to suspect that, if the failure occurs—
a
the failure will result in a serious detriment to the registered provider's tenants or potential tenants, or
b
there will be a significant risk that, if no action is taken by the regulator, the failure will result in a serious detriment to the registered provider's tenants or potential tenants.
6
In considering whether to exercise a power within subsection (1) or (4) on the ground mentioned in that subsection, the regulator must have regard to any information it has received from any of the following—
a
the Commission for Local Administration in England;
b
a housing ombudsman appointed in accordance with a scheme approved under Schedule 2 to the Housing Act 1996;
c
any body appearing to the regulator to represent the interests of tenants of social housing in England;
d
a county council in England, a district council, a London borough council, the Common Council of the City of London in its capacity as a local authority, the Council of the Isles of Scilly or a parish council;
e
a member of any of the bodies listed in paragraph (d);
f
the Greater London Authority;
g
a Member of Parliament;
h
a fire and rescue authority under the Fire and Rescue Services Act 2004;
i
the Health and Safety Executive;
j
the Secretary of State.
198BFailure to meet standard under section 194
1
Failure by a registered provider to meet a standard under section 194 (standards relating to economic matters) is a ground for exercising a power in this Chapter or Chapter 7 (if the power is otherwise exercisable in relation to a registered provider of that kind).
2
The risk that, if no action is taken by a registered provider or the regulator, the registered provider will fail to meet a standard under section 194 is a ground for exercising a power in this Chapter.
F63Performance information
S. 198C and cross-heading inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), ss. 27(2), 46(3); S.I. 2023/1001, reg. 2(m)
198CDirections about performance information
1
2
Directions under subsection (1) may, in particular, specify or describe—
a
the information that must be collected,
b
the period the information must cover,
c
the method of collecting, processing and presenting information,
d
the form in which information must be presented, and
e
what information must be published and when and the manner of publication.
3
A direction—
a
may make provision that applies generally or only to specified cases, circumstances or registered providers, and
b
may make different provision for different cases, circumstances or registered providers.
4
The regulator must make arrangements for bringing a direction to the attention of every registered provider to which it applies.
5
The regulator may request that a registered provider send to the regulator—
a
any information collected by the registered provider pursuant to directions under subsection (1);
b
an analysis of that information;
c
an explanation of how the information was collected, processed or published.
Monitoring
I11199Survey
1
This section applies where the regulator suspects that a registered provider may be failing to maintain premises in accordance with standards under section 193.
2
The regulator may arrange for a survey of the condition of the premises by an authorised person.
3
In subsection (2) “authorised person” means a member of the regulator's staff, or another person, authorised in writing by the regulator for the purposes of this section.
4
An authorised person may enter the premises at any reasonable time and carry out the survey.
5
Before carrying out the survey an authorised person must give the registered provider at least 28 days' notice.
6
A registered provider who receives notice of a survey must give each occupier of the premises at least 7 days' notice.
7
After carrying out a survey an authorised person must produce a written report.
8
The regulator must give the registered provider a copy of the report.
I12200Survey: supplemental
1
An authorised person carrying out a survey, or seeking to enter premises in order to carry out a survey, must produce a copy of the authorisation on request by an occupier.
2
The regulator may require the registered provider to pay some or all of the costs of the survey and report.
3
A registered provider who fails without reasonable excuse to comply with section 199(6) commits an offence.
4
A registered provider, or an officer of a registered provider, who obstructs an authorised person in exercising a power under section 199 commits an offence.
5
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
6
Proceedings for an offence under this section may be brought only by or with the consent of—
a
the regulator, or
b
the Director of Public Prosecutions.
I13201Inspections
1
The regulator may arrange for a person to inspect—
a
a registered provider's performance of its functions in relation to the provision of social housing, or
b
the financial or other affairs of a registered provider.
F192
The person may be a member of the regulator's staff if the Secretary of State consents.
2A
Consent under subsection (2) may be general or specific.
F163
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
The regulator may direct a person carrying out an inspection to discontinue it.
5
An inspection may be general or specific.
F176
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F207
Arrangements for a person other than a member of the regulator's staff to carry out an inspection may include provision about payments.
F537A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F188
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
202Inspections: supplemental
I141
After carrying out an inspection under section 201 the person carrying out the inspection must produce a written report.
I142
The regulator—
a
must give the registered provider a copy of the report, and
b
may publish the report and related information.
I143
The person who carried out the inspection may publish the report and related information (whether or not the regulator has done so).
I8I154
The Secretary of State may by order authorise the regulator to charge fees for inspections.
I145
An inspected registered provider must pay any fee charged.
I8I156
Before making an order the Secretary of State shall consult—
a
the regulator,
b
one or more bodies appearing to the Secretary of State to represent the interests of registered providers,
F50ba
the HCA,
F21c
..., and
d
such other persons as the Secretary of State thinks appropriate.
I8I157
The regulator shall prescribe a scale of fees for inspections, having consulted—
a
the Secretary of State,F23and
b
one or more bodies appearing to the regulator to represent the interests of registered providers, F22...
F22c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F518
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I16203Inspector's powers
1
An inspector may by notice require a person to provide specified documents or information.
2
The power under subsection (1) may be exercised only in relation to documents and information of a kind in respect of which the regulator can impose a requirement under section 107.
3
Sections 107(3) to (7) and 108 apply for the purposes of subsection (1) (with any necessary modifications).
4
An inspector may at any reasonable time—
a
enter premises occupied by the registered provider which is being inspected, and
b
inspect, copy or take away documents found there.
5
The reference to documents found on premises includes—
a
documents stored on computers or electronic storage devices on the premises, and
b
documents stored elsewhere which can be accessed by computers on the premises.
6
The power to inspect documents includes the power to inspect any computer or electronic storage device on which they have been created or stored.
7
An inspector may require any person on the premises to provide such facilities or assistance as the inspector reasonably requests.
8
For the purposes of subsections (5) and (6) an inspector may require any person having charge of a computer to provide such assistance as the inspector reasonably requests.
9
It is an offence for a person without reasonable excuse to obstruct an inspector exercising the powers conferred by subsections (4) to (8).
10
A person guilty of an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
11
Proceedings for an offence may be brought only by or with the consent of—
a
the regulator, or
b
the Director of Public Prosecutions.
F4312
In this section “ inspector ” means a person authorised in writing by the regulator to exercise the powers under this section for the purposes of an inspection under section 201.
F44204Performance information
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F45205Publication of performance information
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I17206Inquiry
1
If the regulator suspects that the affairs of a registered provider may have been mismanaged, the regulator may hold an inquiry.
2
The regulator shall appoint one or more individuals to conduct the inquiry.
3
An individual is eligible for appointment only if the individual is independent of the regulator.
4
Individuals are independent of the regulator if they and the members of their family—
a
are not members, employees or consultants of the regulator, and
b
have not been members or employees of the regulator within the previous five years.
5
“Consultant” means an individual providing services to the regulator otherwise than by virtue of employment with the regulator or an appointment under this section.
I18207Inquiry: supplemental
1
The individual or individuals conducting an inquiry (“the inquirer”) shall determine its procedure.
F92
The inquirer may consider the affairs of the following categories of registered provider only so far as relating to social housing—
a
profit-making organisations;
b
local authorities.
3
The inquirer may consider affairs of a body which at the material time was a subsidiary or associate of the registered provider.
4
The inquirer may make interim reports.
5
The inquirer shall make a final report on matters specified by the regulator.
6
The regulator may arrange for the publication of all or part of an interim or final report.
7
A local authority may contribute to the regulator's expenses in connection with an inquiry.
I19208Inquiry: evidence
1
The inquirer may by notice require a person to provide specified documents or information.
2
The notice may, in particular, require evidence to be given on oath (and the inquirer may administer oaths for that purpose).
3
The power under subsection (1) may be exercised only in relation to documents and information of a kind in respect of which the regulator can impose a requirement under section 107.
4
Sections 107(3) to (7) and 108 apply for the purposes of this section (with any necessary modifications).
I20209Inquiry: charities
F801
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
An inquiry in relation to a registered charity may only relate to its activities relating to housing.
3
If an inquiry is held in relation to a registered charity the regulator shall notify the Charity Commission.
I21210Extraordinary audit
1
Where an inquiry in respect of F10a private registered provider is being held, or has been held, under section 206, the regulator may require the registered provider to allow its accounts and balance sheet to be audited by a qualified auditor appointed by the regulator.
2
“Qualified auditor” means a person eligible for appointment as auditor of the registered provider's ordinary accounts.
3
On completion of the audit, the auditor shall report to the regulator about such matters and in such form as the regulator determines.
4
The revenue accounts of a registered charity may be audited under this section only insofar as they relate to its housing activities.
5
The registered provider shall pay the costs of the audit (including the auditor's remuneration).
210AF7Extraordinary F56audit: local authorities
1
Where an inquiry in respect of a local authority is being held, or has been held, under section 206, F59the regulator may require the local authority to allow its accounts, so far as they relate to the provision of social housing, to be audited by a local auditor appointed by the regulator.
F611A
The regulator may not appoint a local auditor to audit the accounts of a local authority if that person—
a
is the person (or one of the persons) appointed under or by virtue of the Local Audit and Accountability Act 2014 to audit the authority's accounts, or
b
was the person (or one of the persons) who carried out the most recent completed audit of the authority's accounts under or by virtue of that Act.
1B
Sections 20(1), (2), (5) and (6), 22 and 23 of the Local Audit and Accountability Act 2014 (local auditors' general duties and right to documents etc) apply in relation to an audit under this section as they apply in relation to an audit of the local authority under or by virtue of that Act.
1C
On completion of the audit under this section, the local auditor must report to the regulator about such matters and in such form as the regulator determines.
F602
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F603
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
The local authority shall pay the F58costs of the audit (including the local auditor's remuneration).
F575
In this section—
“accounts” has the meaning given by section 4 of the Local Audit and Accountability Act 2014;
“local auditor” means a person who is eligible for appointment under or by virtue of the Local Audit and Accountability Act 2014 as an auditor of the local authority's accounts.
F47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ss. 211-214 and cross-heading omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 31; S.I. 2017/75, reg. 4
F47211Non-profit providers only
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F47212Registered society: change of rules
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F47213Charity: change of objects
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F47214Companies: change of articles
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Guidance
215Use of intervention powers
1I9
The regulator shall publish—
F78a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
guidance about how it uses and intends to use powers under this Chapter and Chapter 7.
F792
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F362A
Guidance under subsection (1)(b) must, in particular, specify how the regulator applies and intends to apply the tests in section 198A (use of certain powers in cases of failure or potential failure to comply with standards under section 193).
I223
The regulator shall have regard to guidance under this section.
216I10Consultation
Before giving guidance under section 215 the regulator must consult—
F34za
the Secretary of State,
a
one or more bodies appearing to it to represent the interests of registered providers,
F1aa
any body for the time being nominated under section 278A,
b
F35ba
the Greater London Authority,
c
one or more bodies appearing to it to represent the interests of local housing authorities,
F32d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F33e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F52f
the HCA.
Managers of social housing
I23217Accreditation
1
The regulator may operate a scheme for the purpose of accrediting persons who provide services in connection with the management of social housing.
2
The regulator may approve a scheme operated by someone else for that purpose.
3
Approval may be withdrawn.
4
A scheme may include provision about—
a
eligibility for accreditation;
b
c
monitoring compliance;
d
complaints against accredited persons;
e
renewal, suspension and withdrawal of accreditation.
5
Accreditation, or continued accreditation, may be conditional on the payment of fees.
6
217AF65Implied terms of management services agreements relating to qualifications
1
Each management services agreement in relation to social housing of a registered provider, whenever entered into, is to be treated as including the terms set out in subsection (4).
2
In this section, a “management services agreement”, in relation to social housing of a registered provider, means an agreement under which one person (a “services provider”) agrees with another person (the “services recipient”) to provide services in connection with the management of social housing provided by the registered provider or to arrange for the provision of such services.
3
For the purposes of subsection (2)—
a
an agreement does not include a contract of employment or a contract of apprenticeship, and
b
the services recipient may be the registered provider or another person.
4
The terms are that—
a
the services provider must secure that its relevant managers who are involved in the provision of services in connection with the management of social housing to which the agreement relates meet the qualification standard at all times;
b
in the event that the services provider does not comply with the term set out in paragraph (a), the services provider will take such action to rectify the non-compliance as is reasonably required by the services recipient;
c
the services provider must comply with any reasonable request for information demonstrating whether or not the services provider is complying with the term in paragraph (a) that is made by the registered provider who provides the social housing to which the agreement relates or (if different) the services recipient.
5
A relevant manager of a services provider under a management services agreement “meets the qualification standard” if—
a
a standard is in force under section 194A which requires the registered provider who provides the social housing to which the agreement relates to take steps to secure that the manager has, or is working towards, a qualification or type of qualification in housing management, and
b
the manager has or (as the case may be) is working towards such a qualification,
or if there is no standard in force under section 194A which imposes a requirement described in paragraph (a).
6
A term of a management services agreement is not binding on the services recipient to the extent it would—
a
exclude or restrict the liability of the services provider for breach of a term implied by this section, or
b
prevent an obligation under a term implied by this section arising or limiting its extent.
7
In this section “relevant manager”, in relation to a services provider, has the same meaning as it has for the purposes of section 194A (see section 194A(5)).
Pt. 2 modified (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 69(2); S.I. 2012/628, art. 6(i) (with arts. 911141517)