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
Hilary Homfray joins Anthony Collins Solicitors after working for Birmingham City Council for 14 years. With more than 60,000 properties, she was kept busy!
The use of large up-front fees and disproportionate deposits has already resulted in significant cost consequences for one care provider.
The government announced on 16 May that it will provide a fund of £400m to cover the costs of removal and replacement of cladding to high rise residential blocks which have failed tests.
Whilst some people are under the impression that preparing a Lasting Power of Attorney (LPA) is simply a case of completing a form and ticking a few boxes, it is about far more than this.
A big fear for some people facing divorce and the inevitable carving up of the matrimonial assets. They seek assurances that such assets will be “ring-fenced” and retained for them.
Thinking about the legal status of being a cohabitant probably isn’t at the top of the ‘to do’ list.
When an individual is thinking about making a gift to another individual, consideration needs to be given to the Potentially Exempt Transfer (PET) trap.
We are now only a few weeks away from the biggest change to data protection laws in over 20 years. Are you compliant?
The tragedy, in this case, is that there were options readily available to the midwives that they could have used. This was not a case of having to go above and beyond.
Arising from the recent Family Division announcement, people who think they are legally divorced may in fact still be married.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.