OpenLegislation

Section 253 Transfer of land by private registered providerF6I1

England and Wales

(1)

This section applies if as a result of an inquiry under section 206 or an audit under section 210 the regulator is satisfied that—

(a)

the affairs of a F1private registered provider have been mismanaged in relation to social housing, F2...

(b)

a transfer of land by a F3private registered provider would be likely to improve the management of the land F4, or

(c)

the registered provider has failed to meet a standard under section 193, 194 or 194C.

(2)

The regulator may require the registered provider to transfer specified land—

(a)

to the regulator, or

(b)

to another specified F5private registered provider.

(3)

A requirement may be imposed on a profit-making registered provider only in relation to its social housing and associated land.

(4)

For the purposes of subsection (3) land is associated with social housing if the regulator thinks that it is used in connection with the social housing or its management.

(5)

A requirement may not be imposed on a non-profit registered provider requiring it to transfer land to a profit-making registered provider.

(6)

A requirement may not be imposed on a registered charity.

(7)

A requirement may be imposed on a charity which is not registered (C1), but only for transfer to another charity (C2) whose objects the regulator thinks are similar to those of C1.

Annotations

Textual amendments

F1

Words in s. 253(1)(a) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 71(a)

F2

Word in s. 253(1)(a) omitted (1.4.2024) by virtue of Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 11(a); S.I. 2024/437, reg. 2(y)

F3

Words in s. 253(1)(b) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 71(a)

F4

S. 253(1)(c) and word inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 3 para. 11(b); S.I. 2024/437, reg. 2(y)

F5

Words in s. 253(2)(b) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 71(b)

F6

Words in s. 253 inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 71(c)

Commencement

I1

S. 253 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

Notes on Part 2

Modifications

C1

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. 9 11 14 15 17)