Housing (Regulation of Approved Housing Bodies) Act 2019

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Chapter 3

Cancellation of Registration of AHB

Cancellation of registration where AHB requests

57. (1) An AHB may by notice, in writing, to the Regulator request cancellation of its registration as an AHB.

(2) A notice under subsection (1) shall be in such form and manner, and contain such information, as the Regulator may specify.

(3) For the purposes of the consideration by the Regulator of the request under subsection (1), an AHB shall give to the Regulator—

(a) information on its proposals, having regard to the terms and conditions of any assistance given to the AHB under section 6 of the Act of 1992, relating to dwellings provided or managed by it in furtherance of its primary object or primary objects specified in section 25 (2)(b)(i), and

(b) such other information, specified by the Regulator under subsection (2), as the Regulator may reasonably require for the purposes of this section.

(4) An AHB shall give a copy of a notice under subsection (1) to each housing authority in whose functional area any dwellings referred to in subsection (3)(a) are situated and shall, where requested by the Regulator, confirm, in writing, to the Regulator that such a copy has been so given.

(5) A housing authority to whom a copy of a notice under subsection (1) is given under subsection (4) may make representations, in writing, to the Regulator concerning the notice.

(6) The Regulator shall grant a request in a notice under subsection (1) for cancellation of the registration of an AHB unless—

(a) the Regulator, having considered the information in the notice and the representations, if any, made by a housing authority in accordance with subsection (5),considers that any proposals referred to in subsection (3)(a) are not in compliance with the terms and conditions referred to in subsection (3)(a),

(b) the Regulator considers that removal is sought with a view to enabling the AHB to distribute its assets to members,

(c) a standards assessment under section 38 has been commenced and has not yet been completed,

(d) an investigation under Part 5 into the affairs of the AHB concerned has been commenced and has not yet been completed,

(e) there are legal proceedings under this Act pending in relation to the AHB concerned and not yet finally determined or withdrawn, as the case may be, or

(f) for any other reason the Regulator reasonably considers that granting the request would prejudice the performance of the Regulator’s functions.

(7) The Regulator shall give notice to the AHB of its decision whether to grant or refuse to grant the request by notice under subsection (1) for cancellation of its registration and, in the case where the granting of the request is refused, of the reasons for that decision.

(8) An AHB may appeal to the Appeals Panel under Part 7 , not later than 21 days from the date of the notice under subsection (7), against a decision of the Regulator to refuse to grant the request by the AHB, by notice under subsection (1), for cancellation of its registration.

(9) A notice under subsection (7) shall inform the AHB of the right of appeal conferred by subsection (8) and of the period referred to in subsection (7) within which an appeal may be brought under Part 7 .

(10) A decision referred to in subsection (7) to grant a request by an AHB, by notice under subsection (1), for cancellation of its registration shall take effect on the expiration of 14 days, or such longer period as may be determined by the Regulator, from the date of the notice under subsection (7).

(11) A decision referred to in subsection (7) to refuse to grant a request, by an AHB, by notice under subsection (1), for cancellation of its registration shall take effect—

(a) where no appeal against the decision is brought under Part 7 , on the expiration of the period specified in subsection (8) for bringing an appeal under that Part, or

(b) in the case where an appeal is brought under Part 7 , on the date on which the decision is confirmed on appeal or the appeal is withdrawn, abandoned or otherwise not proceeded with, as the case may be.