Supported Housing (Regulatory Oversight) Act 2023
| Jurisdiction | UK Non-devolved |
| Year | 2023 |
| Citation | 2023 c. 26 |
Supported Housing (Regulatory Oversight) Act 2023
2023 Chapter 26
An Act to make provision about the regulation of supported exempt accommodation; to make provision about local authority oversight of, and enforcement powers relating to, the provision of supported exempt accommodation; and for connected purposes.
[29 June 2023]
e it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Advice, strategy and standards
1 Supported Housing Advisory Panel
(1) The Secretary of State must appoint a panel of persons, to be known as “”, to provide information and advice about or in connection with supported exempt accommodation to—
(a)
(a) the Secretary of State,
(b)
(b) local housing authorities in England, and
(c)
(c) social services authorities in England.
(2) The persons appointed under subsection (1) must include—
(a)
(a) at least one person who appears to the Secretary of State to represent the interests of registered providers of social housing in England,
(b)
(b) at least one person who appears to the Secretary of State to represent the interests of local housing authorities in England,
(c)
(c) at least one person who appears to the Secretary of State to represent the interests of social services authorities in England,
(d)
(d) at least one person who appears to the Secretary of State to represent the interests of charities providing supported exempt accommodation, and
(e)
(e) at least one person who appears to the Secretary of State to represent the interests of residents (or potential residents) of supported exempt accommodation;
but the Secretary of State is not required to appoint different persons under each of paragraphs (a) to (e).
(3) The Secretary of State must, after complying with subsection (2), and after consulting the existing members of the panel, appoint a person to chair the panel, and the person becomes a member of the panel on appointment.
(4) The Secretary of State must comply with subsections (1) to (3) before the end of the period of one year beginning with the date on which this Act is passed.
(5) The panel—
(a)
(a) must provide information or advice on such matters within subsection (1), to such persons within that subsection, as the Secretary of State may direct, and
(b)
(b) subject to that, may provide such information or advice within subsection (1), to such persons within that subsection, as it considers appropriate (whether or not requested to do so).
(6) A member of the panel is to hold and vacate office in accordance with the terms and conditions of the member’s appointment which—
(a)
(a) must include provision requiring the member to declare any financial or other personal interest relevant to the functions of the panel, and
(b)
(b) may include provision under which the member is paid remuneration or allowances.
(7) A person appointed to the panel under subsection (1) or (3)—
(a)
(a) is to be appointed for a term not exceeding five years, and
(b)
(b) may, upon expiry of that term, be reappointed for one further term not exceeding five years.
(8) In this section “” includes information and advice about anything which, in the view of the panel, could have a significant impact on the provision or regulation of supported exempt accommodation.
2 Local supported housing strategies
(1) A local housing authority in England must—
(a)
(a) carry out a review of the supported exempt accommodation in its district, and
(b)
(b) in the light of that review, publish a strategy, to be known as a “supported housing strategy”, for the provision of supported exempt accommodation in its district.
(2) A local housing authority—
(a)
(a) must comply with subsection (1) before such date as may be specified in regulations made by the Secretary of State, and
(b)
(b) subsequently, must comply with that subsection before the end of each five-year period beginning with the day on which it published its most recent supported housing strategy.
(3) A supported housing strategy must, in particular, include—
(a)
(a) the local housing authority’s assessment of—
(i) the current availability of supported exempt accommodation in its district, and
(ii) the likely need for supported exempt accommodation in its district during the period of five years beginning with the date on which the strategy is published;
(b)
(b) such other matters as may be specified in regulations made by the Secretary of State.
(4) The social services authority in respect of a district in England must give the local housing authority for that district (where that is a different authority) such assistance in connection with the carrying out of its duties under this section as the local housing authority may reasonably require.
(5) A local housing authority in England must have regard to its supported housing strategy in the exercise of its functions.
(6) A social services authority in England must, in the exercise of its social services functions—
(a)
(a) where it is also a local housing authority, have regard to its supported housing strategy, or
(b)
(b) in any other case, have regard to the supported housing strategy of each local housing authority in respect of whose district it is the social services authority.
(7) The Secretary of State may issue guidance—
(a)
(a) applicable to local housing authorities or social services authorities generally, or
(b)
(b) applicable to specified descriptions of local housing authorities or social services authorities,
in relation to the exercise of their functions under this section.
(8) A local housing authority or a social services authority must have regard to any guidance issued under subsection (7) that is applicable to it.
(9) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
3 National Supported Housing Standards
(1) The Secretary of State may prepare and publish national standards for England, to be known as “”, in relation to any aspect of the provision of supported exempt accommodation.
(2) National Supported Housing Standards may, in particular, set minimum standards in respect of—
(a)
(a) the type or condition of premises used for the provision of supported exempt accommodation, or
(b)
(b) the provision of care, support or supervision at supported exempt accommodation.
(3) The Secretary of State must keep National Supported Housing Standards under review and may, whenever the Secretary of State considers appropriate—
(a)
(a) prepare and publish amended or replacement standards, or
(b)
(b) withdraw standards.
(4) The Secretary of State may publish or withdraw a standard by such means as the Secretary of State considers appropriate for bringing the publication or withdrawal to the attention of persons likely to be affected by it.
Licensing
4 Licensing regulations
(1) The Secretary of State may by regulations make provision under which a person having control of, or managing, supported exempt accommodation—
(a)
(a) that is within section 12(2), and
(b)
(b) that is located in a district that is designated for the purposes of the regulations,
must obtain and comply with a licence granted by the local housing authority for the district.
(2) If, at the end of the period of one year beginning with the day on which this Act is passed, the power in subsection (1) is yet to be exercised, the Secretary of State must publish, in such manner as the Secretary of State thinks fit, a report setting out the progress that has been made towards doing so.
(3) The Secretary of State may by regulations make provision under which a person having control of, or managing, supported exempt accommodation—
(a)
(a) that is not within section 12(2), and
(b)
(b) that is located in a district that is designated for the purposes of the regulations,
must obtain and comply with a licence granted by the local housing authority for the district.
(4) Regulations under subsection (1) or (3)—
(a)
(a) must include provision under which a local housing authority may designate its district for the purposes of the regulations,
(b)
(b) may include provision requiring a local authority to designate its district for the purposes of the regulations if conditions specified in the regulations are met, and
(c)
(c) may include provision under which the Secretary of State may designate, or revoke a designation of, a local housing authority’s district for the purposes of the regulations.
(5) The provision that may be made by virtue of subsection (4)(c) includes provision for the Secretary of State to designate the district of every local housing authority in England.
(6) Regulations under subsection (1) or (3) must be made with a view to securing that National Supported Housing Standards (if any) are met.
(7) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(8) In this Act—
“” means the local housing authority for a district designated for the purposes of licensing regulations;
“” means regulations under subsection (1) or (3).
5 Further provision about licensing regulations
(1) Licensing regulations may include—
(a)
(a) provision about how a district is to be designated for the purposes of the regulations, and the duration, review and revocation of a designation;
(b)
(b) provision about how an application for a licence is to be made, and the circumstances in which a licence may be granted, varied or revoked;
(c)
(c) provision about conditions that may be attached to a licence;
(d)
(d) provision about the enforcement of the regulations and of the conditions...
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