Guidance note 20: Direction to the Homes England or Greater London Authority
This note applies from 1 April 2024
Applies to England
Guidance note 20: Section 100G of the Housing and Regeneration Act 2008 (as amended) (‘the Act’) and Section 333Z Greater London Authority Act 1999 (GLA 1999) -Direction to the Homes England or Greater London Authority
| Target | Applicable |
|---|---|
| PRP (For Profit) | ✔ |
| PRP (Not For Profit) | ✔ |
| PRP (Registered Charity) | ✔ |
| Local Authority | ✔ |
Type of power: General power
Scope
1 - The regulator can direct Homes England and/or the Greater London Authority not to give financial assistance to a registered provider.
When the regulator will use this power
2 - Section 100G(2) of the Act and section 333ZG(2) of the GLA 1999 set out circumstances in which the regulator can direct Homes England and/or the GLA not to give financial assistance to a registered provider in connection with social housing. These circumstances are:
a) In respect of PRPs:
i) the regulator has appointed an officer under section 269 of the Act (and the person appointed has not vacated office); or
ii) an event under section 145(2) of the Act has occurred triggering a moratorium on the disposal of land.
b) In respect of all registered providers:
i) regulator has decided to hold an inquiry into the affairs of the registered provider under section 206 of the Act and the inquiry has not concluded.
Process for using the power
3 - If the regulator is satisfied that the circumstances set out above are met, it will consider all relevant circumstances of the case to decide if issuing a direction is appropriate including but not limited to:
i) whether the registered provider has received confirmation of financial assistance from Homes England and/or the GLA; and
ii) the potential impact the exercise of this power could have e.g. on the registered provider’s financial viability and on its services to its tenants.
4 - The regulator will consider the specific kind of financial assistance it seeks to direct.
5 - In accordance with section 100G(4) of the Act and section 333ZG(4) of the GLA 1999, directions issued by the regulator may not prohibit grants where these are payable by the GLA or Homes England in respect of statutory discounts given by the provider on disposals of dwellings to tenants.
6 - Where the regulator issues a direction, it will inform the registered provider of its reasons for doing so and will keep the direction under review.
7 - The regulator will withdraw the direction when it considers it is no longer necessary and will notify Homes England and/or the GLA of this.
Appeal process
8 - There is no statutory right of appeal under the Act or GLA 1999. However, a registered provider can appeal a decision of the regulator to direct Homes England and/or the GLA not to give it financial assistance under the regulator’s appeals scheme.
9 - Appeals must be made within the timescales set out in the scheme. Further details about the appeal process are set out in the appeals scheme.