The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008

Citation and extent

1.—(1) This Order may be cited as the Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 and shall come into force on the day section 5 of the Housing and Regeneration Act 2008 comes into force.

(2) This Order extends to England and Wales.

Transfer of Housing Corporation functions to the Homes and Communities Agency and the Regulator of Social Housing

2.  The functions of the Housing Corporation under the enactments listed in the Table are transferred to the Homes and Communities Agency or the Regulator of Social Housing to the extent specified.

Enactment	Functions of the Housing Corporation transferred to the Homes and Communities Agency	Functions of the Housing Corporation transferred to the Regulator of Social Housing	Functions of the Housing Corporation transferred to the Homes and Communities Agency and the Regulator of Social Housing concurrently
Housing Act 1985(1)	The functions under sections 151B and 156	All functions other than those transferred to the Homes and Communities Agency
Housing Associations Act 1985(2)	The functions under sections 79, 80, 81 and 83 (other than those functions transferred to the Regulator of Social Housing).	The functions under sections 9, 10, 33A, 69, 75 (except for subsection (1)(c) and (e) and subsection (4)), 77, 79 (but only in relation to loans to registered social landlords), 82, 83 (but only in relation to the guarantee of loans to registered social landlords), 87 and Schedule 7.
Housing Act 1988(3)	The functions under sections 50 to 53.	The functions under section 82.
Housing Act 1996(4)	The functions under sections 16, 16A, 18, 20, 21, 27, 27A and 27B.	All functions under the Act other than those transferred to the Homes and Communities Agency or the Homes and Communities Agency and the Regulator of Social Housing concurrently.	The functions under sections 53 and 54.

Modification of enactments

3.  The enactments specified in the Schedule have effect with the modifications specified.

Direction to the Homes and Communities Agency

4.—(1) The Regulator of Social Housing may direct the Homes and Communities Agency not to make a grant to a specified registered social landlord under section 18 of the Housing Act 1996.

(2) A direction may be given if—

(a) the Regulator of Social Housing has decided to hold an inquiry into the affairs of the registered social landlord under paragraph 20 of Schedule 1 to the Housing Act 1996(5) and the inquiry is not concluded,

(b) the Regulator of Social Housing has received notice in respect of the registered social landlord under section 41 of the Housing Act 1996, or

(c) the Regulator of Social Housing has appointed an officer of the registered social landlord under paragraph 6, 7 or 8 of Schedule 1 to the Housing Act 1996(6) and the person appointed has not vacated office.

(3) A direction shall have effect until withdrawn.

Effect of moratorium

5.—(1) This article applies if a moratorium is imposed in respect of a registered social landlord.

(2) During a moratorium under section 42 of the Housing Act 1996 the Homes and Communities Agency—

(a) may not give the registered social landlord a direction under section 27(2)(b) of the Housing Act 1996, and

(b) may not take steps to enforce such a direction against the registered social landlord.

Transitional and saving provision

6.—(1) The modifications made by this Order do not affect the validity of anything done (or having effect as if done) by or in relation to the Housing Corporation before the commencement date.

(2) Any enactment, instrument or document passed or made before the coming into force of this Order has effect, so far as necessary for the purposes of or in consequence of the transfer of any function by this Order, as if any reference to the Housing Corporation (however expressed) were a reference to the Regulator of Social Housing or (as the case may be) the Homes and Communities Agency.

(3) Anything which, on the commencement date, is in the process of being done by or in relation to the Housing Corporation may, so far as it relates to any function transferred by this Order from the Housing Corporation to the Homes and Communities Agency or the Regulator of Social Housing, be continued by or in relation to the Homes and Communities Agency or (as the case may be) the Regulator of Social Housing.

(4) Anything done (or having effect as if done) by or in relation to the Housing Corporation for the purposes of or in connection with any function transferred by this Order from the Housing Corporation to the Homes and Communities Agency or the Regulator of Social Housing shall, if in force or effective on the commencement date, have effect as if done by or in relation to the Homes and Communities Agency or (as the case may be) the Regulator of Social Housing so far as that is required for continuing its effect on and after the commencement date.

(5) The references in paragraphs (3) and (4) to things done include references to things omitted to be done.

(6) The “commencement date” means the date on which this Order comes into force.

Signed by authority of the Secretary of State for Communities and Local Government

Iain Wright

Parliamentary Under Secretary of State

Department for Communities and Local Government

30th October 2008