Housing Act 1996

Section 55.

SCHEDULE 3 Social rented sector: minor amendments

Finance Act 1981 (c. 35)

1 (1) Section 107 of the Finance Act 1981 (stamp duty payable upon sale of houses at a discount) is amended as follows.

(2) After subsection (3)(e) insert—

“(ea) a registered social landlord within the meaning of Part I of the Housing Act 1996;”

(3) In subsection (3)(f) for the words from “registered” to the end substitute “registered—

(i) in Scotland, under the Housing Associations Act 1985, or

(ii) in Northern Ireland, under Part II of the Housing (Northern Ireland) Order 1992;”

(4) In subsection (3A) (exclusion of certain sub-sales), for “subsection (3)(f)” substitute “subsection (3)(ea) or (f)”.

(5) After subsection (3B) insert—

“(3C) A grant under section 20 or 21 of the Housing Act 1996 (purchase grants in respect of disposals at a discount by registered social landlords) shall not be treated as part of the consideration for a conveyance or transfer to which this section applies made by a body falling within subsection (3)(ea) above.”

Local Government Finance Act 1982 (c. 32)

2 (1) In Part III of the Local Government Finance Act 1982 (establishment and functions of Audit Commission), after section 28A insert—

“28B General functions of Commission in relation to registered social landlords

(1) The Corporation and the Commission may agree one or more programmes of comparative studies designed to enable the Commission to make recommendations for improving economy, efficiency and effectiveness of registered social landlords.

(2) Where the Corporation and the Commission fail to agree a programme proposed by either of them, either of them may refer the matter to the Secretary of State who may direct that the programme be carried out either without modifications or with modifications specified in the direction.

(3) Where a programme is agreed or is directed to be carried out, the Commission shall ensure that studies giving effect to the programme are carried out by it or on its behalf.

(4) It shall be a term of every such programme that the Corporation make good to the Commission the full costs incurred by the Commission in carrying out the programme.

(5) The Commission shall publish reports on the studies carried out under this section.

(6) Before publishing any such report the Commission shall show a draft of it to the Corporation and shall consider whether to revise the draft in the light of the comments made by the Corporation.

28C Provisions supplementary to s.28B

(1) The Commission may, if authorised to do so by the Corporation—

(a) require a registered social landlord, or any officer or member of a registered social landlord, to supply such information as the Commission may require for the purposes of any study under section 28B above; and

(b) require a registered social landlord included in any such study to make available for inspection such documents as are reasonably required for the purposes of the study.

(2) The Commission may require the information to be supplied, or the documents to be made available, to the Commission or to a person authorised by the Commission for the purposes of this section.

(3) A person who without reasonable excuse fails to comply with a requirement under this section commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) Information obtained by the Commission, or by a person acting on behalf of the Commission, in the course of a study under section 28B above may be disclosed by the Commission to the Corporation notwithstanding anything in section 30 below (general restriction on disclosure of information relating to particular bodies or persons).

28D Functions of Commission in relation to audit of accounts of registered social landlords

(1) The Commission may provide the Corporation with consultancy services relating to the audit of accounts of registered social landlords.

(2) The Commission may recover from the Corporation such costs incurred in providing the services as may be agreed by the Corporation.

28E Meaning of “the Corporation” and “registered social landlord”

In sections 28B to 28D above “the Corporation” and “registered social landlord” have the same meaning as in Part I of the Housing Act 1996.”

(2) In paragraph 9 of Schedule 3 to the Local Government Finance Act 1982 (the Audit Commission: duty to balance income and expenditure), in sub-paragraph (2) (functions to be managed separately) after sub-paragraph (a) insert—

“(aa) its functions under sections 28B and 28C relating to registered social landlords;

(ab) its functions under section 28D relating to such landlords;”

Housing Associations Act 1985 (c. 69)

3 Section 33 of the Housing Associations Act 1985 (recognition of central association) shall cease to have effect.

4 In section 69(1) of the Housing Associations Act 1985 (power to vary or terminate certain agreements with housing associations: agreements to which the section applies), omit paragraphs (e) and (g).

5 In section 75(1) of the Housing Associations Act 1985 (general functions of the Corporation) for paragraphs (a) to (c) substitute—

“(a) to facilitate the proper performance of the functions of registered social landlords;

(b) to maintain a register of social landlords and to exercise supervision and control over such persons;

(c) to promote and assist the development of self-build societies (other than registered social landlords) and to facilitate the proper performance of the functions, and to publicise the aims and principles, of such societies;”

6 In Part III of the Housing Associations Act 1985 (general provisions relating to the Housing Corporation and Housing for Wales), after section 76 (general power of Secretary of State to give directions to Corporation) insert—

“76A Realisation of value of Corporation’s loans portfolio

(1) The Corporation may, and if so directed by the Secretary of State (under section 76) shall, enter into arrangements of a description approved by the Secretary of State for the purpose of realising the value of the whole or part of its loans portfolio.

(2) The arrangements may provide for—

(a) the transfer of any estate or interest of the Corporation, or

(b) the creation or disposal of economic interests not involving a transfer of an estate or interest,

and may extend to such incidental or ancillary matters as the Corporation or the Secretary of State considers appropriate.

(3) In this section the Corporation’s “loans portfolio” means the Corporation’s rights and obligations in relation to any loans or related securities.

(4) Nothing in the terms of any loan or related transaction entered into by the Corporation shall be construed as impliedly prohibiting or restricting the Corporation from dealing with its loans portfolio in accordance with arrangements under this section.”

7 In section 87 of the Housing Associations Act 1985 (financial assistance for formation, management, &c. of housing associations), for subsection (1) substitute—

“(1) The Corporation may give financial assistance to any person to facilitate the proper performance of the functions of registered social landlords or co-operative housing associations.”

Income and Corporation Taxes Act 1988 (c. 1)

8 (1) The Income and Corporation Taxes Act 1988 is amended as follows.

(2) In section 488 (co-operative housing associations), after subsection (7) insert—

“(7A) The Secretary of State may delegate any of his functions under subsections (6) and (7)—

(a) to the Housing Corporation, in the case of a body registered as a social landlord in the register maintained by the Housing Corporation under Part I of the Housing Act 1996, and

(b) to Housing for Wales, in the case of a body registered as a social landlord in the register maintained under that Part by Housing for Wales,

to such extent and subject to such conditions as he may specify.”

(3) In section 489 (self-build societies), after subsection (5) insert—

“(5A) The Secretary of State may delegate any of his functions under subsections (4) and (5) to—

(a) the Housing Corporation, where the society has its registered office in England for the purposes of the Industrial and Provident Societies Act 1965, and

(b) Housing for Wales, where the society has its registered office in Wales for the purposes of that Act,

to such extent and subject to such conditions as he may specify.”

Housing (Scotland) Act 1988 (c. 43)

9 After section 2 of the Housing (Scotland) Act 1988 (general functions of Scottish Homes) insert—

“2A Sale of Scottish Homes' loans portfolio

(1) Subject to subsection (2) below, Scottish Homes may enter into arrangements of a description approved by the Secretary of State for the purpose of realising the value of the whole or part of its loans portfolio.

(2) Without prejudice to the power of the Secretary of State to give directions under section 2(10) above, the Secretary of State may direct Scottish Homes to enter into arrangements under this section and it shall be the duty of Scottish Homes to comply with any such direction.

(3) The arrangements may provide for—

(a) the transfer of any estate or interest of Scottish Homes, or

(b) the creation or disposal of economic interests not involving a transfer of an estate or interest,

and may extend to such incidental or ancillary matters as Scottish Homes or the Secretary of State considers appropriate.

(4) In this section, Scottish Homes' “loans portfolio” means Scottish Homes' rights and obligations in relation to any loans or related securities.

(5) Nothing in the terms of any loan or related transaction entered into by Scottish Homes shall be construed as impliedly prohibiting or restricting it from dealing with its loans portfolio in accordance with arrangements under this section.

(6) A direction given under subsection (2) above may be varied or revoked by a subsequent direction given by the Secretary of State.”

Housing Act 1988 (c. 50)

10 Section 58 of the Housing Act 1988 (application of Housing Acts to certain transactions) shall cease to have effect.

11 In section 79(2) of the Housing Act 1988 (permitted disposals of land by housing action trusts) for paragraph (a) and the word “or” at the end of the paragraph substitute—

“(a) to a registered social landlord (within the meaning of Part I of the Housing Act 1996), or”