Commentary on provisions of Act Standards Section 21: Standards relating to competence and conduct
Section 21 adds new section 194A to the HRA 2008 allowing the regulator to set regulatory standards on the competence and conduct of individuals involved in the provision of services in connection with the management of social housing.
	New section 194A(2) provides that such standards may require registered providers to comply with specified rules concerning the knowledge, skills, experience and conduct required of individuals involved in the provision of services in connection with the management of social housing.
	New section 194A(3) provides that such standards may require registered providers to secure that their senior housing managers and housing executives, as defined, hold or are working towards housing management qualifications, as defined. New section 194A(4) provides that they may also require registered providers to take steps to secure that relevant managers of their services providers have or are working towards such qualifications .The standards may not include qualifications requirements for other staff.
	New sections 194B (2)-(11) makes provision about the meaning of new terms such as ‘services provider’ for the purposes of section 194A and also defines senior housing manager and senior housing executive.
	New sections 217A (1)-(7) implies terms into management services agreements between registered providers and services providers (and any sub-contract relating to the provision of such services) relating to qualifications. Subsection (4) specifies the terms that are implied into relevant agreements, including that the services providers must secure that their relevant managers who are involved in the provision of services in connection with the management of social housing meet the qualifications standard.
	Subsection (5) outlines the circumstances in which a relevant manager meets the qualifications standard.