F1Part 7AHousing and regeneration
F2The London housing strategy
333AThe London housing strategy
(1)
The Mayor shall prepare and (subject to section 333B(1) below) publish a document to be known as the “London housing strategy”.
(2)
The London housing strategy shall contain—
(a)
the Mayor's assessment of housing conditions in Greater London and of the needs of Greater London with respect to the provision of further housing accommodation;
(b)
any proposals or policies of the Mayor to promote the improvement of those conditions and the meeting of those needs;
(c)
a statement of the measures which other persons or bodies are to be encouraged by the Mayor to take for the purpose of improving those conditions and meeting those needs;
(d)
a statement of the Mayor's spending F3proposals for the relevant period.
(3)
The Mayor's spending F4proposals for any period are—
(a)
a recommendation to the Secretary of State as to how much of the money allocated by him during the relevant period for housing in Greater London should be made available to the F5Authority;
F6(b)
proposals as to the exercise by the Authority of its functions of giving housing financial assistance (see subsection (4) below);
(c)
a recommendation to the Secretary of State as to how much of the money allocated by him during the relevant period for housing in Greater London should be granted to each local housing authority in Greater London.
F7(4)
Proposals under subsection (3)(b) above may include—
(a)
proposals as to the amount of housing financial assistance to be given for different activities or purposes;
(b)
proposals as to the number, type and location of houses to be provided by means of housing financial assistance.
(5)
The London housing strategy shall contain a statement of the Mayor's expectations as to how local housing authorities will use any money granted to them as mentioned in subsection (3)(c) above.
(6)
The London housing strategy shall also contain such other matters relating to housing in Greater London as the Secretary of State may direct.
(7)
In preparing or revising the London housing strategy the Mayor shall have regard to—
(a)
the effect of his proposals and policies on any region which adjoins Greater London;
(b)
any guidance given to him by the Secretary of State regarding the preparation or revision of the strategy.
(8)
In preparing or revising the London housing strategy the Mayor shall consult—
(a)
the F8 Homes and Communities Agency ;
F9(ab)
the Regulator of Social Housing;
(b)
such bodies as appear to him to be representative of F10private registered providers of social housing.
(9)
Where the Mayor revises the London housing strategy, he shall (subject to section 333B(1) below) publish it as revised.
(10)
In this section—
“housing accommodation” and “house” are to be construed in accordance with section 56 of the Housing Act 1985;
“local housing authority” has the same meaning as in section 1 of the Housing Act 1985;
F13“provide”, in relation to houses or housing accommodation, includes—
(a)
provide by way of acquisition, construction, conversion, improvement or repair; and
(b)
provide indirectly;
“region” has the same meaning as in section 1 of the Regional Development Agencies Act 1998;
F14...
“the relevant period” means such period as is specified by the Secretary of State in guidance under subsection (7)(b) above;
F15...
(11)
In this Act, references to the London housing strategy include, except where the context otherwise requires, a reference to the London housing strategy as revised.
333BSubmission of draft strategy to Secretary of State before publication
(1)
The Mayor shall not publish the London housing strategy under section 333A(1) or (9) above until—
(a)
he has submitted to the Secretary of State a draft of the strategy he intends to publish together with a statement of that intention, and
(b)
the condition in subsection (2) is met.
(2)
The condition is that—
(a)
the consideration period has expired without the Secretary of State giving a direction under subsection (4) below, or
(b)
the Secretary of State has given such a direction and the Mayor has complied with it.
(3)
If the Secretary of State considers that—
(a)
the draft strategy is inconsistent with current national policies relating to housing, or
(b)
the implementation of the draft strategy would be detrimental to the interests of a region (within the meaning of section 333A above) which adjoins Greater London,
subsection (4) below applies.
(4)
If, in any such case, the Secretary of State considers it expedient to do so for the purpose of—
(a)
removing the inconsistency mentioned in subsection (3)(a) above, or
(b)
avoiding the detriment mentioned in subsection (3)(b) above,
he may direct the Mayor to make such modifications to the draft as are specified in the direction.
(5)
If the Secretary of State gives a direction under this section, the Mayor must make the modifications specified in the direction.
(6)
The Secretary of State must consult the Mayor before giving him a direction under this section.
(7)
The consideration period is—
(a)
the period of 6 weeks beginning with the date notified to the Mayor by the Secretary of State as the date on which he received the draft strategy and statement of intention to publish it, or
(b)
such longer period beginning with that date as the Secretary of State may specify in any particular case.
333CReviews of the strategy
(1)
If the Secretary of State so directs, the Mayor shall, within such time as the Secretary of State may specify in the direction,—
(a)
review the London housing strategy or such part of it as may be specified in the direction, and
(b)
make such revisions of the strategy or that part as he considers necessary in consequence of the review.
(2)
The Secretary of State must consult the Mayor before giving him a direction under this section.
(3)
Subsection (1) does not affect section 41(2) above.
333DDuties of F16the Authority and local authorities
(1)
(2)
Any local housing strategy prepared by a local housing authority in Greater London must be in general conformity with the London housing strategy.
(3)
In subsection (2)—
“local housing strategy” means—
(a)
F19...
(b)
any F20... statement of the local housing authority's policies or proposals relating to housing;
“local housing authority” has the same meaning as in section 333A above.
F21333DATransfer schemes
(1)
The Secretary of State may at any time make one or more schemes for the transfer of designated property, rights or liabilities of a specified public body to—
(a)
the Authority, or
(b)
a company or body through which the Authority exercises functions in relation to housing or regeneration.
(2)
In subsection (1) “specified public body” means a public body which is for the time being specified, or of a description specified, by regulations made by the Secretary of State.
(3)
On the date specified by a scheme as the date on which the scheme is to have effect, the designated property, rights or liabilities are transferred and vest in accordance with the scheme.
(4)
The Secretary of State may not make a scheme under this section unless the specified public body to which the scheme relates has consented to its provisions.
(5)
A scheme under this section may not make provision in relation to land which is held by the Secretary of State and was acquired, or is treated as having been acquired, under section 39 of the Forestry Act 1967 (power to acquire land which is suitable for afforestation or purposes connected with forestry).
(6)
In this section—
“designated”, in relation to a scheme, means specified in or determined in accordance with the scheme;
“public body” means a person or body with functions of a public nature.
(7)
This section and sections 333DB and 333DC bind the Crown, but do not have effect in relation to property, rights or liabilities belonging to—
(a)
Her Majesty in right of the Crown,
(b)
Her Majesty in right of Her private estates,
(c)
Her Majesty in right of the Duchy of Lancaster, or
(d)
the Duchy of Cornwall.
(8)
The reference in subsection (7) to Her Majesty's private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862.
333DBFurther provisions about transfer schemes
(1)
A transfer scheme may—
(a)
create for the transferor interests in, or rights over, property transferred by virtue of the scheme,
(b)
create for a transferee interests in, or rights over, property retained by the transferor or transferred to another transferee,
(c)
create rights or liabilities between the transferor and a transferee or between transferees.
(2)
A transfer scheme may provide for the transfer of property, rights or liabilities that would not otherwise be capable of being transferred or assigned.
(3)
In particular, a transfer scheme may provide for the transfer to take effect regardless of a contravention, liability or interference with an interest or right that would otherwise exist by reason of a provision having effect in relation to the terms on which the transferor is entitled to the property or right, or subject to the liability, in question.
(4)
It does not matter whether the provision referred to in subsection (3) has effect under an enactment or an agreement or in any other way.
(5)
A certificate by the Secretary of State that anything specified in the certificate has vested in any person by virtue of a transfer scheme is conclusive evidence for all purposes of that fact.
(6)
A transfer scheme may contain provision for the payment of compensation by the Secretary of State to any person whose interests are adversely affected by it.
(7)
A transfer by virtue of a transfer scheme does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect.
(8)
Anything which—
(a)
is done by the transferor for the purposes of, or otherwise in connection with, anything transferred by virtue of a transfer scheme, and
(b)
is in effect immediately before the transfer date,
is to be treated as done by the transferee.
(9)
There may be continued by or in relation to the transferee anything (including legal proceedings)—
(a)
which relates to anything transferred by virtue of a transfer scheme, and
(b)
which is in the process of being done by or in relation to the transferor immediately before the transfer date.
(10)
Subsection (11) applies to any document—
(a)
which relates to anything transferred by virtue of a transfer scheme, and
(b)
which is in effect immediately before the transfer date.
(11)
Any references in the document to the transferor are to be read as references to the transferee.
(12)
A transfer scheme may include supplementary, incidental, transitional and consequential provision.
(13)
In this section—
“enactment” includes subordinate legislation within the meaning of the Interpretation Act 1978;
“transfer scheme” means a transfer scheme under section 333DA;
“transfer date” means a date specified by a transfer scheme as the date on which the scheme is to have effect.
333DCTax consequences of transfers under section 333DA
(1)
The Treasury may by regulations make provision for varying the way in which a relevant tax has effect from time to time in relation to—
(a)
any property, rights or liabilities transferred in accordance with a transfer scheme, or
(b)
anything done for the purposes of, or in relation to, or in consequence of, the transfer of any property, rights or liabilities in accordance with such a transfer scheme.
(2)
The provision that may be made under subsection (1)(a) includes, in particular, provision for—
(a)
a tax provision not to apply, or to apply with modifications, in relation to any property, rights or liabilities transferred;
(b)
any property, rights or liabilities transferred to be treated in a specified way for the purposes of a tax provision;
(c)
the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to any property, rights or liabilities transferred.
(3)
The provision that may be made under subsection (1)(b) includes, in particular, provision for—
(a)
a tax provision not to apply, or to apply with modifications, in relation to anything done for the purposes of, or in relation to, or in consequence of, the transfer;
(b)
anything done for the purposes of, or in relation to, or in consequence of, the transfer to have or not to have a specified consequence or be treated in a specified way;
(c)
the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything done for the purposes of, or in relation to, or in consequence of, the transfer.
(4)
In this section—
“enactment” includes subordinate legislation within the meaning of the Interpretation Act 1978;
“relevant tax” means income tax, corporation tax, capital gains tax, stamp duty, stamp duty land tax or stamp duty reserve tax;
“tax provision” means a provision of an enactment about a relevant tax;
“transfer scheme” means a transfer scheme under section 333DA.
(5)
References in this section to the transfer of property, rights or liabilities in accordance with a transfer scheme include references to—
(a)
the creation of interests, rights or liabilities under the scheme, and
(b)
the modification of interests, rights or liabilities under the scheme,
(and “transferred”, in relation to property, rights or liabilities, is to be read accordingly).