delete The Approval of Code of Management Practice (Private Retirement Housing) (England) Order 2005
This Order approves the 'Code of Practice for Private Retirement Housing' submitted by the Association of Retirement Housing Managers, applicable to management of residential retirement properties in England only. It comes into force on 2nd January 2006 and revokes two prior Orders (1995 and 1998) that approved earlier residential property management codes. The approved code can be referenced in legal proceedings under the Leasehold Reform, Housing and Urban Development Act 1993.
This Order approves a code drafted by and for the industry that submits it, exemplifying regulatory capture. The Association of Retirement Housing Managers—a trade body representing existing providers—crafted the standards against which its own members will be judged. Government endorsement of an industry-written code: (1) creates barriers to entry by codifying established players' preferred practices; (2) imposes compliance costs that disproportionately burden smaller or innovative operators; (3) substitutes industry discretion for market discipline; and (4) leverages state authority (via use in legal proceedings under s.87(7) of the 1993 Act) to enforce compliance with private interests' chosen standards. Market competition, not government-approved codes drafted by incumbents, should discipline retirement housing managers. The revocation of prior orders suggests these codes proliferate and require periodic refreshing—a sign of regulatory accumulation rather than genuine public need.