Section 93 — Housing and Planning Act 2016: Reducing local authority influence over private registered providers

Reducing local authority influence over private registered providers 93 1 The Secretary of State may by regulations make provision for the purpose of limiting or removing the ability of local authorities to exert influence over private registered providers through—

a appointing or removing officers of private registered providers;

b exercising or controlling voting rights.

2 The regulations may in particular—

a limit the number of officers that a local authority may appoint;

b prohibit a local authority from appointing officers;

c confer power on a private registered provider to remove officers appointed by a local authority;

d prohibit a local authority from doing things that would result in it obtaining voting rights in a private registered provider;

e require a local authority to take steps to reduce or get rid of any voting rights that it has in a private registered provider.

3 Regulations under this section may override or modify any contractual or other rights (whenever created) or anything in a private registered provider's constitution.

4 Regulations under this section may—

a confer a power to amend the constitution of a private registered provider in consequence of provision made by the regulations;

b make provision about the procedure for exercising that power.

5 In this section— “ appointing ”, in relation to an officer, includes nominating or otherwise influencing the selection of the officer; “ constitution ” includes rules; “ local authority ” has the meaning given by section 106 of the Housing Associations Act 1985; “ officer ”, in relation to a private registered provider, has the meaning given by section 270 of the Housing and Regeneration Act 2008; “ private registered provider ” means a private registered provider of social housing.