Annex 6: Final Business engagement assessment (including equality analysis) [accessible version]
Updated 29 February 2024
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This publication is available at https://www.gov.uk/government/consultations/consultation-on-statutory-guidance-under-s215-of-the-hra-2008/outcome/annex-6-final-business-engagement-assessment-including-equality-analysis-accessible-version
Business engagement assessment
| Title of proposal | Consultation on changes to Statutory Guidance under section 215 of the Housing and Regeneration Act 2008 | |||
|---|---|---|---|---|
| Lead regulator | Regulator of Social Housing | |||
| Contact for enquiries | Referrals and Regulatory Enquiries Team 0300 124 5225 |
|||
| Date of assessment | August 2023 | Stage of assessment | Final | |
| Net cost to business (EANCB) | None | Commencement date | 1 April 2024 (some provisions came into force on 20 September 2023) | |
| Which area of the UK would be affected by the change(s)? | England | Is this directly applicable EU or other international legislation? | No |
The Regulator has made changes to its Statutory Guidance under section 215 of the Housing and Regeneration Act 2008. These changes are a direct result of a number of legislative changes introduced to the Housing and Regeneration Act 2008 by the Social Housing (Regulation) Act 2023.
We believe there to be negligible impact on the regulatory burden because the changes are principally related to wording and do not fundamentally alter existing regulatory expectations in this area.
Why is the change proposed? Evidence of the current problem?
The changes to the Statutory Guidance are intended to ensure it reflects the legislative position and provides appropriate guidance on our approach to the use of our powers. These changes have been made to ensure the guidance is up to date.
We have also made some more general amendments to the content to improve the clarity of the guidance. The Statutory Guidance is an important document that explains the Regulator’s approach to the use of its powers, and it is important that it is correct and reflects recent changes.
Which types of businesses would be affected? How many are affected?
The Statutory Guidance is relevant to all registered providers of social housing, however the different powers apply to certain types of registered provider. This is reflected in the individual guidance notes. As such, all registered providers are affected by the legislative changes enacted by the Social Housing (Regulation) Act 2023.
How would the change impact these businesses?
The changes should have a positive impact on registered providers as they update our guidance, which should ensure that providers continue to have a clear understanding of how the Regulator will use its powers and the process it will take.
Impact on small businesses
The regulator has specifically considered the impact of our proposals on small businesses. Only PRPs are classed as businesses and small PRPS are those with 1,000 homes or less.
The amendments to the guidance will help to ensure that the Regulator is exercising its functions in a way that is transparent, by helping small, registered providers to understand the regulatory framework around the use of our powers.
Equality and diversity analysis
The Regulator is mindful of its statutory equality duties under section 149 of the Equality Act 2010 and has not identified any equalities implications as a result of the changes set prior to the consultation or from any feedback received.
As a result of this, a full equality impact assessment has not been completed. Equality and diversity considerations will continue to be considered during the roll out of the guidance and in any future iterations of the guidance.
Although there are no apparent impacts arising from the changes, registered providers are responsible under their own equality duties to ensure that any decisions they may take support the requirements of the Equality Act 2010.