Section 115 Profit-making and non-profit organisationsI1

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

A body is a non-profit organisation if—

Condition 1 is that the body—

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

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

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).

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.

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

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.

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).