The Housing Administration (England and Wales) Rules 2018

UK Statutory Instrument 2018 No. 719 — creates 4 criminal offences.

4offences created

0recorded in force

0revoked

Made: 12 June 2018
In force from: 5 July 2018
Extent: Not stated
Subject: Corporate, financial services, company law, employment, charity, electoral and tax
Made under: Housing and Planning Act 2016, Insolvency Act 1986

Explanatory note

(This note is not part of the Rules) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Rules set out the detailed procedures for the conduct of housing administration, as provided by Chapter 5 of Part 4 of the Housing and Planning Act 2016. Housing administration is a special administration regime which applies to private registered providers of social housing. The main features of housing administration are: a the registered provider enters the procedure by court order on application by the Secretary of State or, with the consent of the Secretary of State, by the Regulator of Social Housing; b the order appoints a housing administrator; c the objective of housing administration is firstly normal administration and secondly keeping social housing within the regulated sector. Part 2 of these Rules sets out the procedure for applying for a housing administration order, provisions about the hearing of the application and the grant of the order. Part 3 of these Rules sets out the process of housing administration. Part 4 of these Rules contains general provisions detailing court practice and procedure for the housing administration. Part 5 of these Rules contains provisions relating to distribution to creditors, including proving debts and quantifying claims. Part 6 of these Rules contains provisions about the housing administrator, including how and when the housing administrator may be replaced, and the housing administrator’s remuneration. Part 7 of these Rules contains provisions about time and general rules about documents. Schedule 1 to these Rules contains specific details of the punishment of offences under these Rules. Schedule 2 to these Rules contains specific requirements for the service of documents within housing administration proceedings. An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. An impact assessment for the Housing and Planning Act 2016 is available on the website of the Ministry of Housing, Communities and Local Government.

Offences created by this instrument

Progress reports article 3.13(5) · Status not determined · Strict liability
Notice of automatic end of administration article 3.39(7) · Status not determined · Strict liability
Housing administrator’s duties on vacating office article 6.9(2) · Status not determined · Strict liability
It is an offence for a person who does not have a right under these Rules to inspect a relevant document falsely to… article 7.35(1) · Status not determined · Requires proof of a state of mind

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Procedure: Made negative — law unless a motion to stop it succeeded
Could either House amend it?: No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.
Committee: Drawn to the special attention of the Houses by a scrutiny committee

Procedural history

Instrument created 12 June 2018
Instrument made (signed into law) 12 June 2018
Laid before the House of Commons 14 June 2018 · Commons
Laid before the House of Lords 14 June 2018 · Lords
Considered by the Secondary Legislation Scrutiny Committee (SLSC) 26 June 2018 · Lords
No comment by the Secondary Legislation Scrutiny Committee (SLSC) 26 June 2018 · Lords
Considered by the Joint Committee on Statutory Instruments (JCSI) 18 July 2018 · Commons, Lords
Drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 18 July 2018 · Commons, Lords
Joint Committee on Statutory Instruments (JCSI) draws the special attention of both Houses to the instrument on the grounds that it is defectively drafted 18 July 2018 · Commons, Lords
Joint Committee on Statutory Instruments (JCSI) draws the special attention of both Houses to the instrument on the grounds that it requires elucidation 18 July 2018 · Commons, Lords
Objection period ends 23 July 2018
Instrument remains law 23 July 2018
Procedure concluded in the House of Commons and the House of Lords 23 July 2018 · Commons, Lords
Instrument comes into force as law Date not recorded

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

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