
Dementia currently affects 1 in 14 people in the UK. Many people will either know someone with dementia, have had to support and care for someone with dementia or have been diagnosed themselves.
The Housing and Planning Act 2016 (Commencement No. 4 and Transitional Provisions) Regulations 2017
A number of other provisions in the Act will come into force with effect from tomorrow, including provisions relating to vesting declarations and compulsory purchase orders.
The Regulations also confirm that many of the deregulatory measures included within the Housing and Planning Act 2016, such as the removal of the need to obtain consent from the HCA to mergers, constitutional changes or disposals of assets, will come into force on 6 April. The Regulations provide clarity on the transitional measures that will apply in respect of funds held by housing associations in their Disposal Proceeds Fund as at 6 April. Current restrictions will apply to such monies until the earlier of such monies being utilised (in accordance with HCA requirements), such monies ceasing to be capable of being utilised in such a way or 6 April 2020.
Local authority influence
Section 93 of the Housing and Planning Act 2016, once enacted tomorrow, gives the Secretary of State power to make regulations to reduce the influence local authorities are able to exert over private registered providers (RPs) through the ability to appoint Board members and the use of voting rights. A DCLG source has stated that the “golden share” regulations will be issued in early April and are expected to come into force later that month.
It is not yet clear how far the “golden share” regulations will go. For example, will all shareholding/company membership by a local authority in an RP be prohibited, or will it just be restricted to a level which would prevent the local authority from being able to “block” special resolutions? Similarly, will local authorities be prevented from utilising any appointment rights to an RP’s Board, or will this be permitted up to a specified proportion of less than a third?
Change ahead
The changes are likely to be welcome for a number of RPs, particularly those whose transferor local authorities have blocked moves to consolidate group structures or merge with other organisations through the use of shareholding/company membership and Board rights.
If your association is likely to be affected by these changes, it is worth considering now how company membership/shareholding rights and Board membership could look once the changes come into force.
For example, if local authority rights at company membership/shareholding level are reduced to 10% maximum, how should the remaining 23% be distributed? Will this be between other members? Should it be weighted or will you move to a closed membership with all members/shareholders each having only one vote?
In relation to Board membership, how does this affect your succession strategy? Do you still want to maintain involvement from the local authority at Board level?
Another key question is whether this changes the relationship between your association and local authority and how this change can be managed effectively. This is particularly likely to be relevant for more recent LSVT associations, who may still be in the process of fulfilling Offer Document promises.
The devil will ultimately be in the detail - we will publish a further update on the key points of the regulations once they are issued.
For more details on the changes to golden share arrangements and deregulation please contact Gemma Bell.
Dementia currently affects 1 in 14 people in the UK. Many people will either know someone with dementia, have had to support and care for someone with dementia or have been diagnosed themselves.
The 2022 Code replaces the NHF Code of Conduct 2012 (the 2012 Code) and sets out the baseline standards that the NHF expects of its member registered providers (RPs).
The High Court has dismissed a challenge by the Police Superintendents’ Association to the closure of legacy public sector pension schemes.
In my recent blog, I said that we would be issuing a series of ebriefings and blogs highlighting issues with the Procurement Bill. This is the first of these.
Contractors and delivery partners are facing a ‘perfect storm’ in many cases with a number of factors directly impacting upon the profitability of their work.
Worker status, like Piers Morgan, is one of those things that we think has gone away and then it pops up again!
We are seeing a steady trickle of decisions focused around the issue of flexible working requests or employer requirements for changes to working patterns (both pre and post the pandemic).
For those of us who have endured a choppy cross channel journey, the mention of P&O Ferries will invoke some nauseous memories.
Successive generations have witnessed seismic shifts in the workplace; post-war it was the return of the soldiers and the impact on working women who had to work in their place.
In this podcast, Puja Desai interviews Kimberley Foster and discusses her experience with counselling. This is a really helpful podcast for anyone who has thought about counselling.