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Housing Act 2003
sec.127Registration of entity that is a party to a continuing agreement
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### sec.127 Registration of entity that is a party to a continuing agreement
This section applies to an entity mentioned in section 21 that, on the commencement day, is a party to a continuing agreement.
At any time while the continuing agreement is current, the chief executive may register the entity, even though the entity has not applied for registration under section 28.
The chief executive can no longer register an entity under this provision—see section 169.
In deciding whether to register the entity, the chief executive must have regard to—
the time for which the continuing agreement will remain current; and
the nature and extent of the assistance that has been, or is proposed to be, provided to the entity under the continuing agreement; and
whether the entity has complied or is complying with the continuing agreement; and
the matters stated in section 28(4).
Before registering the entity, the chief executive must give it a notice—
stating that the chief executive proposes to register it; and
inviting it to give a written response within a stated time of at least 14 days.
The chief executive must consider any written response received from the entity within the stated time before deciding whether to proceed with the registration.
Immediately after deciding whether or not to register the entity, the chief executive must give the entity notice of the decision.
On registration of the entity—
each continuing agreement with the entity that is current at the time of registration is an assistance agreement for this Act; and
a housing service provided by the entity using assistance from the chief executive under an assistance agreement is a funded service.
This section does not limit the application of part 4.
If the chief executive decides not to register an entity under this section, the entity may apply for registration under section 28.
Under section 29, the registration of an entity remains in force unless it is cancelled under part 4.
If the chief executive registers an entity under this section, the entity may apply under section 30 for cancellation of the registration.
In this section—
continuing agreement means an agreement—
entered into, between the commission and an entity mentioned in section 21, on or after 1 January 1996; and
that was current immediately before the commencement day.
s 127 amd 2013 No. 5 s 53
(sec.127-ssec.1) This section applies to an entity mentioned in section 21 that, on the commencement day, is a party to a continuing agreement.
(sec.127-ssec.2) At any time while the continuing agreement is current, the chief executive may register the entity, even though the entity has not applied for registration under section 28. The chief executive can no longer register an entity under this provision—see section 169.
(sec.127-ssec.3) In deciding whether to register the entity, the chief executive must have regard to— the time for which the continuing agreement will remain current; and the nature and extent of the assistance that has been, or is proposed to be, provided to the entity under the continuing agreement; and whether the entity has complied or is complying with the continuing agreement; and the matters stated in section 28(4).
(sec.127-ssec.4) Before registering the entity, the chief executive must give it a notice— stating that the chief executive proposes to register it; and inviting it to give a written response within a stated time of at least 14 days.
(sec.127-ssec.5) The chief executive must consider any written response received from the entity within the stated time before deciding whether to proceed with the registration.
(sec.127-ssec.6) Immediately after deciding whether or not to register the entity, the chief executive must give the entity notice of the decision.
(sec.127-ssec.7) On registration of the entity— each continuing agreement with the entity that is current at the time of registration is an assistance agreement for this Act; and a housing service provided by the entity using assistance from the chief executive under an assistance agreement is a funded service.
(sec.127-ssec.8) This section does not limit the application of part 4. If the chief executive decides not to register an entity under this section, the entity may apply for registration under section 28. Under section 29, the registration of an entity remains in force unless it is cancelled under part 4. If the chief executive registers an entity under this section, the entity may apply under section 30 for cancellation of the registration.
(sec.127-ssec.9) In this section— continuing agreement means an agreement— entered into, between the commission and an entity mentioned in section 21, on or after 1 January 1996; and that was current immediately before the commencement day.
- (a) the time for which the continuing agreement will remain current; and
- (b) the nature and extent of the assistance that has been, or is proposed to be, provided to the entity under the continuing agreement; and
- (c) whether the entity has complied or is complying with the continuing agreement; and
- (d) the matters stated in section 28(4).
- (a) stating that the chief executive proposes to register it; and
- (b) inviting it to give a written response within a stated time of at least 14 days.
- (a) each continuing agreement with the entity that is current at the time of registration is an assistance agreement for this Act; and
- (b) a housing service provided by the entity using assistance from the chief executive under an assistance agreement is a funded service.
- 1 If the chief executive decides not to register an entity under this section, the entity may apply for registration under section 28.
- 2 Under section 29, the registration of an entity remains in force unless it is cancelled under part 4.
- 3 If the chief executive registers an entity under this section, the entity may apply under section 30 for cancellation of the registration.
- (a) entered into, between the commission and an entity mentioned in section 21, on or after 1 January 1996; and
- (b) that was current immediately before the commencement day.