The deregulatory package, which we understand is designed to encourage the ONS to reverse its decision of September 2015 to classify housing associations as public bodies, includes:
It is yet to be confirmed when such provisions will come into force (and when regulations setting out the detail of the proposals in relation to golden share arrangements will be published); however, we understand that the Regulator is currently reviewing the Regulatory Standards to ensure they will not conflict with these deregulatory measures.
Notification of these issues to the Regulator will still be required and the Regulator will continue to have powers of oversight, most notably through the use of in-depth assessments, which it has already indicated it will propose to carry out for most new structures where its consent would previously have been required.
Taking away the “safety net” of requiring consent from the Regulator, particularly in relation to decisions such as mergers and how the new asset freedoms can be used, will require, more than ever, a focus on good governance. Although there will still be restraints on how assets can be used, including, for example, Charities Act requirements for registered charities, funding constraints and restrictions under stock transfer agreements, Boards will no longer be able to rely on the Regulator to “check their homework”. More than ever, Boards will need to ensure that they are equipped to deal with challenging decisions, particularly in relation to how they can utilise asset freedoms to best serve their purposes.
please contact Gemma Bell
On 18 May 2020, the Ministry of Housing Communities and Local Government (MHCLG) wrote to all social housing residents in England (residents).
For anyone who is currently restrained from holding their General Meeting or have held such in breach of their governing documents, help is on the way!
Social landlords may be surprised to learn that “landlords should be able to carry out routine as well as essential repairs for most households”.
Many housing providers are now re-thinking about gathering information to complete their data return to the Regulator of Social Housing, with the initial exercise having been delayed by Covid-19.
With many premises being left unoccupied (or minimally occupied) during the lockdown, both Public Health England and the Health and Safety Executive have warned of the increased risks of Legionella.
The Court of Appeal judgement in Booth and another v R [2020] EWCA Crim 575 will be welcome news for local authority prosecutors and their investigation teams.
The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 came into force on 4 April.
The purpose of this 30-minute free webinar is to address how employers navigate homeworking; supporting employees whilst also ensuring that their organisation stays financially viable.
As we make our first tentative steps out of strict lockdown, many of us have been thinking about what the future will look like for charities, both in the short and long term.
The UK Government has, in the last few weeks, introduced a multi-billion-pound package of measures and financial support for businesses and institutions that experience issues with their cash flow.
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