Explanatory note

These Regulations bring into force various provisions of the Housing and Planning Act 2016 (c.22) (“the Act”).

Regulation 3(a) brings into force section 93 for the purpose of making regulations to reduce the influence of local authorities over private registered providers (which are defined in Part 2 of the Housing and Regeneration Act 2008 (c.17)).

Regulation 3(b) brings into force section 94 which removes the Homes and Communities Agency’s ability to recover financial assistance in circumstances where social housing provided as a result of that assistance is disposed of outside the regulated sector in consequence of either a lender enforcing its security or the winding up or administration (including a housing administration under Chapter 5 of Part 4 of this Act) of the recipient or a successor in title.

Regulation 3(c) brings into force section 102 (subsections (2) to (6)) which enables the Secretary of State to make regulations to apply a housing administration scheme to a registered society or a charitable incorporated organisation which is also a registered provider of social housing. It also enables the Secretary of State when making rules under section 411 of the Insolvency Act 1986 to modify those rules for this purpose and to set out the detail of how a housing administration scheme would be run. Chapter 5 of Part 4 of the Act provides for a housing administration regime in relation to private registered providers of social housing in the event of insolvency proceedings.

Regulation 3(d) to (k) brings into force various compulsory purchase provisions in Part 7 of the Act. Paragraphs (d) and (f) commence sections 184, 185 and 191 which concern general vesting declarations. Paragraph (e) commences sections 186 to 189 which concern the taking of possession following a notice to treat.

Paragraphs (g), (h) and (k) commence provisions on objecting to the division of land, namely section 199(1) and Schedule 17, section 200 and paragraphs 1 to 9 of Schedule 18 and section 199(2), in so far as it relates to those paragraphs.

Paragraphs (i) and (j) commence provisions in Schedule 15 which change the notice requirements for general vesting declarations. Paragraphs 1 to 3 of Schedule 15 and section 183, in so far as it relates to those paragraphs, are commenced in so far as not already in force, except in relation to a compulsory purchase order which is made by, or for which the confirming authority is, the Welsh Ministers. Paragraphs 4 to 7 of Schedule 15 and section 183, in so far as it relates to those paragraphs, are commenced except in relation to a compulsory purchase order, or any other order which authorises the compulsory purchase of land (such as a development consent order under the Planning Act 2008 (c. 29)), which is made by, or for which the confirming authority is, the Welsh Ministers.

Regulation 4 brings into force section 92 and the amendments made by Schedule 4 of the Act. This has the effect of reducing regulation of social housing in a number of respects.

Regulation 5 makes transitional provision in relation to the coming into force of the following provisions of the Act on compulsory purchase: sections 184 to 189 and 191, paragraphs 1 to 7 of Schedule 15, paragraphs 1 to 3 and 5 to 8 of Schedule 17 and paragraphs 1 to 8 of Schedule 18. The amendments made by these provisions, in so far as they are brought into force by regulation 3, only apply in relation to a compulsory purchase of land which is authorised on or after 3rd February 2017.

Regulation 6 provides that, where there has been a purported disposal of property which would have required the consent of the Regulator of Social Housing under section 172 of the Housing and Regeneration Act 2008 (c. 17), but which had not received such consent immediately before the repeal of those provisions, consent is deemed to have been given.

Regulation 7 makes transitional provisions in relation to the repeal of sections 177 and 178 of the Housing and Regeneration Act 2008, which relate to the disposal proceeds funds. Regulation 7(1) provides that, where a registered provider of social housing has a disposal proceeds fund on 6th April, the repeal shall not take effect in relation to that fund until the earliest of it ceasing to be able to use the fund in compliance with the Regulator of Social Housing’s direction, the fund being exhausted, or the expiry of three years. Regulation 7(2) provides that a registered provider of social housing is not required to pay further monies into its disposal proceeds fund after the repeal of sections 177 and 178 of the Housing and Regeneration Act. Regulation 7(3) provides that, where a disposal proceeds fund is transferred to a registered provider of social housing from another provider, the registered provider will be treated as that former provider in relation to that fund.