The Office for National Statistics (ONS) yesterday confirmed that Housing Associations in
Scotland, Wales and Northern Ireland are to be reclassified from
private sector bodies to Public Non-Financial Corporations.
The reclassification would result in the debt of Housing
Associations being counted as public borrowing and could raise
concerns over government-imposed restrictions on the borrowing
ability of these bodies.
This issue has been foreseen in Scotland with the Scottish
Government setting out in their Programme for Government 2016/17 plans to
introduce the Housing (Amendment) Bill. The Bill would reduce
government controls over Housing Associations, allowing ONS to
revisit their decision and protect the private sector
classification of these bodies. Similar provisions were made in
light of the ONS reclassification of Housing Associations in
England last year through the Housing and Planning Act 2016.
There will be no immediate impact of the decision on Housing
Associations as the Scottish Government is in the early stages of
considering the proposed Bill. Meanwhile, the Bill is expected to
make the following changes:
Remove the need for the Scottish
Housing Regulator's consent for the disposal of assets
Limit the Regulator's ability to
appoint members and managers
Remove the need for the
Regulator's consent to the restructuring, winding-up and
Interesting questions arise, as to whether, depending on the
final terms of the proposed legislation, the changes being brought
in to ensure the protection of private sector classification would
impact upon the treatment of a Housing Association as a "body
governed by public law" for public procurement purposes.
The material contained in this article is of the nature of
general comment only and does not give advice on any particular
matter. Recipients should not act on the basis of the information
in this e-update without taking appropriate professional advice
upon their own particular circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
The recent County Court decision in Camelot Property Management Limited (1) and Camelot Guardian Management Limited (2) v. Greg Roynon is an uncomfortable reminder to landowners of how easy it is to inadvertently grant a tenancy when only a licence was intended. The consequences of getting it wrong can be time consuming and costly.
It's now less than one year to go until the Energy
Efficiency (Private Rented Property) (England and Wales)
Regulations 2015, commonly known as the MEES Regulations (minimum
energy efficiency standards) come into effect.
It's now less than one year to go until the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, commonly known as the MEES Regulations (minimum energy efficiency standards) come into effect. It
The use of letters of intent can be fraught with difficulty. In this Insight we review the key case law on letters of intent of the past few years and seek to highlight some of the lessons that can be learned from them.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).