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Paragraph 11 I1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Members of an approved scheme shall pay a subscription, calculated as set out in the scheme, to the person administering the scheme.

F1(1ZA)

The amount of a subscription payable by a member may be calculated by reference to costs incurred, or likely to be incurred, by the person administering the scheme and the scheme’s housing ombudsman in carrying out any of their functions, including costs unconnected with the member and costs unconnected with the operation of the scheme.

F2(1A)

If a change in the method of calculation under sub-paragraph (1) would result in a member's subscription being more than it would otherwise be, the change may be made only if the Secretary of State approves it.

(1B)

An approved scheme's total defrayable F3costs for a period may be more than the scheme's total defrayable costs for the immediately-preceding corresponding period only if the Secretary of State approves the increase.

(1C)

In sub-paragraph (1B) “defrayable F4costs”, in relation to a scheme, means F5costs that are to be defrayed by subscriptions from members of the scheme.

(2)

If a social landlord fails to comply with his duty under paragraph 1, the Secretary of State may determine—

(a)

which approved scheme or schemes he should have joined, and

(b)

what sums by way of subscription he should have paid,

and may require him to pay those amounts to the person administering the scheme or schemes.

(3)

The person administering an approved scheme may recover sums payable under sub-paragraph (1) or (2) as if they were debts due to him.

C1(4)

The Secretary of State F6... may pay grant and provide other financial assistance to—

(a)

a body corporate administering an approved scheme, or

(b)

in a case where paragraph 10(2) applies, to the housing ombudsman under an approved scheme,

for such purposes and upon such terms as the Secretary of State F7... thinks fit.

Annotations

Textual amendments

F1

Sch. 2 para. 11(1ZA) inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), ss. 40(5)(a), 46(2)

F2

Sch. 2 para. 11(1A)-(1C) inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 181(4)(c), 240(2) (with s. 181(11)); S.I. 2013/722, art. 2(c)

F3

Word in Sch. 2 para. 11(1B) substituted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), ss. 40(5)(b), 46(2)

F4

Word in Sch. 2 para. 11(1C) substituted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), ss. 40(5)(c)(i), 46(2)

F5

Word in Sch. 2 para. 11(1C) substituted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), ss. 40(5)(c)(ii), 46(2)

F6

Words in Sch. 2 para. 11(4) repealed (20.5.2009 for specified purposes, 7.9.2009 for E. for specified purposes, 1.4.2010 in so far as not already in force) by Housing and Regeneration Act 2008 (c. 17), ss. 124(4)(a), 325(1), Sch. 16; S.I. 2009/1261, art. 4; S.I. 2009/2096, art. 2(2)(c) (with art. 3(1)(2)); S.I. 2010/862, arts. 2, 3 (with Sch.)

F7

Words in Sch. 2 para. 11(4) repealed (20.5.2009 for specified purposes, 7.9.2009 for E. for specified purposes, 1.4.2010 in so far as not already in force) by Housing and Regeneration Act 2008 (c. 17), ss. 124(4)(b), 325(1), Sch. 16; S.I. 2009/1261, art. 4; S.I. 2009/2096, art. 2(2)(c) (with art. 3(1)(2)); S.I. 2010/862, arts. 2, 3 (with Sch.)

Modifications

C1

Sch. 2 para. 11(4) modified (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 5 (with art. 6)

Commencement

I1

Sch. 2 para. 11 wholly in force 1.4.1997; Sch. 2 para. 11 not in force at Royal Assent see s. 232(1)-(3); Sch. 2 para. 11(1)(3)(4) in force at 1.8.1996 by S.I. 1996/2048, art. 2 (subject to the limitation in (2) of that art.); Sch. 2 para. 11 in force at 1.4.1997 so far as not already in force by S.I. 1997/618, art. 2 (subject to the limitation in (2) of that art.)