Housing and Regeneration Act 2008

115Profit-making and non-profit organisationsE+W
This section has no associated Explanatory Notes

(1)Each entry in the register shall designate the body registered as either—

(a)a non-profit organisation, or

(b)a profit-making organisation.

F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2(3)A body is a non-profit organisation if—

(a)it is a registered or non-registrable charity and satisfies Conditions 1 and 2, or

(b)otherwise, it satisfies Conditions 1 to 3.]

(4)Condition 1 is that the body—

(a)does not trade for profit, F3...

F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Condition 2 is that a purpose of the body is the provision or management of housing.

(6)Condition 3 is that any other purposes of the body are connected with or incidental to the provision of housing.

[F5(6A)The fact that a body is prohibited by its constitution from trading for profit does not, of itself, mean that it is a body which does not trade for profit for the purposes of subsection (4)(a).]

(7)The Secretary of State may make regulations providing that a specified purpose is to be, or not to be, treated as connected with or incidental to the provision of housing.

(8)A body which is not a non-profit organisation under subsection F6... (3) is a profit-making organisation.

(9)If the regulator thinks that what was a profit-making organisation has become a non-profit organisation [F7or vice versa], the regulator must change the registered designation accordingly [F8and notify the body it has done so.]

[F9(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).]

Textual Amendments

Commencement Information

I1S. 115 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)