Housing and Regeneration Act 2008

2008 c. 17

An Act to establish the Homes and Communities Agency and make provision about it; to abolish the Urban Regeneration Agency and the Commission for the New Towns and make provision in connection with their abolition; to regulate social housing; to enable the abolition of the Housing Corporation; to make provision about sustainability certificates, landlord and tenant matters, building regulations and mobile homes; to make further provision about housing; and for connected purposes.

[22nd July 2008]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1The Homes and Communities Agency

Chapter 1General

1I3Establishment and constitution

1

There shall be a body corporate known as the Homes and Communities Agency (“the HCA”).

2

Schedule 1 (which makes further provision about the HCA) has effect.

2I4Objects

1

The objects of the HCA are—

a

to improve the supply and quality of housing in England,

b

to secure the regeneration or development of land or infrastructure in England,

c

to support in other ways the creation, regeneration or development of communities in England or their continued well-being, and

d

to contribute to the achievement of sustainable development and good design in England,

with a view to meeting the needs of people living in England.

2

In subsection (1)—

“good design” includes design which has due regard to the needs of elderly persons and disabled persons,
“needs” includes future needs,

and the reference to improving the supply of housing includes a reference to improving the supply of particular kinds of housing.

3

In this Part—

“building” means a building or other structure (including a house-boat or caravan),
“caravan” has the meaning given by section 29(1) of the Caravan Sites and Control of Development Act 1960 (c. 2),
“housing” means a building, or part of a building, occupied or intended to be occupied as a dwelling or as more than one dwelling; and includes a hostel which provides temporary residential accommodation,
“infrastructure” includes—
1. a
  water, electricity, gas, telecommunications, sewerage or other services,
2. b
  roads or other transport facilities,
3. c
  retail or other business facilities,
4. d
  health, educational, employment or training facilities,
5. e
  social, religious or recreational facilities,
6. f
  cremation or burial facilities, and
7. g
  community facilities not falling within paragraphs (a) to (f),
“land” includes housing or other buildings (and see also the definition in Schedule 1 to the Interpretation Act 1978 (c. 30)),

and references to housing include (where the context permits) any yard, garden, outhouses and appurtenances belonging to, or usually enjoyed with, the building or part of building concerned.

4

See also sections 19(5) (financial assistance), 44 (local government involvement) and 52 (role of the HCA in relation to certain former functions of the Commission for the New Towns).

3I5Principal powers

The HCA may do anything it considers appropriate for the purposes of its objects or for purposes incidental to those purposes.

I6 I1404Powers: general

1

This Part contains various specific powers of the HCA.

2

The specific powers of the HCA (whether contained in this Part or elsewhere) are to be exercised for the purposes of its objects or for purposes incidental to those purposes.

3

Each power may be exercised separately or together with, or as part of, another power.

4

Each power does not limit the scope of another power.

5

Each power does not limit the scope of the powers conferred by section 3.

6

But—

a

subsections (2) and (3) do not apply to the HCA in its capacity as a local planning authority by virtue of sections 13 and 14 or in its exercise of other functions by virtue of those sections, and

b

the powers conferred by section 3 must not be used to override a restriction imposed on the exercise of a specific power.

Chapter 2Land and infrastructure

General

I1415Powers to provide housing or other land

1

The HCA may provide housing or other land.

2

The HCA may facilitate the provision of housing or other land.

3

In this section “provide” includes provide by way of acquisition, construction, conversion, improvement or repair (and “provision” is to be read in the same way).

I1426Powers for regeneration, development or effective use of land

1

The HCA may regenerate or develop land.

2

The HCA may bring about the more effective use of land.

3

The HCA may facilitate—

a

the regeneration or development of land, or

b

the more effective use of land.

I1437Powers in relation to infrastructure

1

The HCA may provide infrastructure.

2

The HCA may facilitate the provision of infrastructure.

3

In this section “provide” includes provide by way of acquisition, construction, conversion, improvement or repair (and “provision” is to be read in the same way).

Powers to deal with land etc.

I1448Powers to deal with land etc.

The HCA may carry out, or facilitate the carrying out of, any of the following activities in relation to land—

a

acquiring, holding, improving, managing, reclaiming, repairing or disposing of housing,

b

acquiring, holding, improving, managing, reclaiming, repairing or disposing of other land, plant, machinery, equipment or other property, and

c

carrying out building and other operations (including converting or demolishing buildings).

I1459Acquisition of land

1

The HCA may acquire land by agreement.

2

The HCA may acquire land compulsorily if the Secretary of State authorises it to do so.

3

The power of acquiring land compulsorily under subsection (2) includes power to acquire new rights over land.

4

Subsection (5) applies where—

a

land or new rights over land are being acquired compulsorily under subsection (2), and

b

the land which is being acquired, or over which new rights are being acquired, forms part of a common, open space or allotment.

5

The power under subsection (2) to acquire land compulsorily includes the power to acquire land compulsorily for giving in exchange for the land or (as the case may be) new rights mentioned in subsection (4)(a).

6

Schedule 2 (which makes further provision in relation to the acquisition of land by the HCA) has effect.

7

In this Part—

“allotment” means a fuel or field garden allotment,
“common” has the meaning given by section 19(4) of the Acquisition of Land Act 1981 (c. 67),
“open space” means any land which is—
1. a
  laid out as a public garden,
2. b
  used for the purposes of public recreation, or
3. c
  a disused burial ground.

I16310Restrictions on disposal of land

1

The HCA may not dispose of land for less than the best consideration which can reasonably be obtained unless the Secretary of State consents.

2

Subsection (1) does not apply to a disposal by way of a short tenancy if the disposal consists of—

a

the grant of a term of not more than 7 years, or

b

the assignment of a term which, at the date of assignment, has not more than 7 years to run.

3

The HCA may not dispose of land which has been compulsorily acquired by it under this Part unless the Secretary of State consents.

4

Subject as above, the HCA may dispose of land held by it in any way it considers appropriate.

Powers in relation to acquired land

d

persons who reside or carry on business in the proposed designated area.

5

In this Part—

“designated area” means an area designated by a designation order,
“designation order” means an order under this section,
“local planning authority”, in relation to a designation order or proposed designation order, means—
1. a
  so far as the order relates to permitted purposes under Part 2 of the Planning and Compulsory Purchase Act 2004 (c. 5), the local planning authority within the meaning of that Part of that Act, and
2. b
  in any other case, the local planning authority within the meaning of Part 1 of the Town and Country Planning Act 1990 (c. 8),
“permitted purposes” means any purposes of—
1. a
  the Town and Country Planning Act 1990 (other than section 137A, Parts 9 and 13, and sections 325A, 329A and 330A, of that Act),
2. b
  the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) (other than section 32A, Chapter 5 of Part 1, and sections 82A to 82F and 88C, of that Act), and
3. c
  Part 2 of the Planning and Compulsory Purchase Act 2004,

and references to a designated area, in the case of an area whose boundaries have been amended by an order made under this section by virtue of section 14 of the Interpretation Act 1978 (c. 30), are to be read as references to the designated area as so amended.

6

In this section “local authority” means a county council in England, a district council, a London borough council or the Common Council of the City of London.

I23414Contents of designation orders

1

A designation order may contain provisions of the following kind.

2

The order may provide for the HCA to be the local planning authority for the whole or any part of the designated area—

a

for specified permitted purposes, and

b

in relation to specified kinds of development.

3

The order may provide that where the HCA is the local planning authority for the whole or any part of the designated area it is to have—

a

in relation to the whole or any part of the designated area, and

b

subject to any specified modifications,

specified relevant functions conferred by or under specified planning-related provisions.

4

(as the case may be) the proposed appointment, and

b

invite the authority to suggest one or more candidates for membership of the committee or (as the case may be) sub-committee.

9

In this section “local authority” has the same meaning as in section 13.

I23616Regional planning

1

Section 4 of the Planning and Compulsory Purchase Act 2004 (c. 5) (assistance for regional planning bodies from certain local authorities) is amended as follows.

2

For subsection (4) substitute—

4
These are the authorities which fall within this subsection—
a
each of the following if their area or any part of their area is in the RPB's region—
i
a county council;
ii
a metropolitan district council;
iii
a district council for an area for which there is no county council;
iv
a National Park authority; and
b
the Homes and Communities Agency if it is the local planning authority for an area or part of an area in the RPB's region.
4A
For the purposes of subsection (4), the Homes and Communities Agency is the local planning authority for an area or part of an area in the RPB's region if it is the local planning authority for that area or part, or for an area which includes that area or part, by virtue of an order of the kind mentioned in section 14(2) of the Housing and Regeneration Act 2008 (designation orders).
4B
In subsections (4) and (4A) “local planning authority” has the same meaning as in Part 1 of the Housing and Regeneration Act 2008 (see section 13(5) of that Act).

7

A person who commits an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

8

In subsection (2)(b) “owner” has the same meaning as in the Acquisition of Land Act 1981 (c. 67).

9

The references in subsections (4) and (6) to this section or subsection (1) include references to those provisions as extended by section 18.

I23818Section 17: supplementary

1

The power to survey land conferred by section 17(1) includes power to search and bore for the purpose of ascertaining—

a

the nature of the subsoil, or

b

the presence of minerals in it.

2

But this is subject to subsections (3) to (5).

3

No person may carry out any works authorised by virtue of subsection (1) unless notice of the person's intention to do so was included in the notice required by section 17(2)(b).

4

The authority of the appropriate Minister is required for the carrying out of any works authorised by virtue of subsection (1) if—

a

the land concerned is held by statutory undertakers, and

b

they object to the proposed works on the ground that the execution of the works would be seriously detrimental to carrying on their undertaking.

5

The references in subsection (4) to the appropriate Minister, statutory undertakers and their undertaking have the same meanings as they have in section 325(9) of the Town and Country Planning Act 1990 (c. 8) (supplementary provisions as to rights of entry).

Chapter 3Financial provision

Powers to give financial assistance

19Financial assistance

I2391

The HCA may, with the consent of the Secretary of State, give financial assistance to any person.

I2392

Financial assistance under this section may be given in any form.

I2393

Financial assistance under this section may, in particular, be given by way of—

a

grants,

b

loans,

c

guarantee or indemnity,

d

investment, or

e

incurring expenditure for the benefit of the person assisted.

I2394

Financial assistance under this section may be given on such terms and conditions as the HCA considers appropriate (including provision for repayment, with or without interest).

I2405

The objects of the HCA are not to be read as preventing the HCA from exercising functions in relation to financial assistance (whether under this section or otherwise) which—

a

are transferred to the HCA from the Housing Corporation by virtue of this Act, or

b

would supersede functions of the Housing Corporation,

in ways corresponding to those in which the Housing Corporation could have exercised its functions.

6

See also sections 31 to 35 (further provision about certain types of financial assistance: social housing).

Such a guarantee is to be in such manner, and on such terms and conditions, as the Secretary of State considers appropriate.

3

The Secretary of State must lay a statement of any such guarantee before Parliament immediately after giving the guarantee.

4

The Secretary of State must lay before Parliament a statement relating to any sum issued for fulfilling such a guarantee.

5

A statement under subsection (4) must be laid as soon as possible after the end of each financial year—

a

beginning with that in which the sum is issued, and

b

ending with that in which all liability in respect of the principal of the sum guaranteed, and of interest on it, is finally discharged.

6

In respect of any sums issued in fulfilment of a guarantee given under this section, the HCA must make payments to the Secretary of State—

a

of such amounts as the Secretary of State may direct in or towards repayment of those sums, and

b

of interest on what is outstanding in respect of those sums, at such rates as the Secretary of State may direct.

7

Payments under subsection (6) must be made at such times, and in such manner, as the Secretary of State may direct.

I24423Financial limits

1

The current borrowings of the HCA must not exceed £2,300 million.

2

The Secretary of State may by order amend subsection (1) so as to specify a greater amount than that for the time being specified there.

3

But an order under subsection (2) may not specify an amount of more than £3,000 million.

4

In this section “current borrowings of the HCA” means—

a

the aggregate amount at any time of—

i

sums borrowed by the HCA under section 20, and

ii

sums borrowed by subsidiaries of the HCA (other than from the HCA), less

b

repayments made, or treated as made, in respect of those sums.

5

In this Part “subsidiary” has the meaning given by section 1159 of the Companies Act 2006 (c. 46).

Other

I24524Power to charge for certain activities

1

The HCA may impose charges for, or in connection with, anything done by it by virtue of section 38, 39 or 45.

2

Any such charges must be of such amounts as the HCA considers to be reasonable.

I24625Directions as to surplus funds

1

Subsection (2) applies if the Secretary of State considers that the HCA or any subsidiary of the HCA has a surplus, whether on capital or on revenue account, after making allowance by way of transfer to reserve or otherwise for its future requirements.

2

The Secretary of State may give a direction to the HCA to pay to the Secretary of State such sum not exceeding the amount of the surplus as may be specified in the direction.

3

The Secretary of State must consult the HCA before coming to a decision of the kind mentioned in subsection (1) or giving a direction as mentioned in subsection (2).

4

The Secretary of State may decide to treat the whole or part of any payment under subsection (2) as made—

a

by way of repayment of such part of the principal of loans under section 21(1), and

b

in respect of the repayments due at such times,

as the Secretary of State may decide.

I24726Duty to act as agent in respect of regeneration and development

1

The Secretary of State may appoint the HCA to act as the agent of the Secretary of State in connection with such financial assistance functions as the Secretary of State may specify.

2

In subsection (1) “financial assistance functions” means, so far as exercisable in relation to England, functions under sections 126 to 128 of the Housing Grants, Construction and Regeneration Act 1996 (c. 53) (financial assistance for regeneration and development).

3

An appointment under this section is to be on such terms as the Secretary of State may specify.

4

The HCA must, if appointed, act as agent in accordance with the terms of its appointment.

I24827Duty to act as agent in respect of derelict land etc.

1

The Secretary of State may appoint the HCA to act as the agent of the Secretary of State in connection with such derelict land functions as the Secretary of State may specify.

2

In subsection (1) “derelict land functions” means functions under—

a

section 1 of the Derelict Land Act 1982 (c. 42) (grants for reclaiming or improving land or bringing land into use), or

b

any enactment superseded by that section,

but excluding the powers to make orders under section 1(5) and (7) of that Act.

3

An appointment under this section is to be on such terms as the Secretary of State may specify.

4

The HCA must, if appointed, act as agent in accordance with the terms of its appointment.

Chapter 4Other functions of the HCA

General

I24928Business

1

The HCA may carry on any business.

2

In subsection (1) “business” includes undertaking.

I25029Powers to form companies etc.

The HCA may, with the consent of the Secretary of State, form, or acquire interests in, bodies corporate.

I25130Community services

The HCA may provide such services for communities as it considers appropriate or facilitate the provision of such services.

Information, education and guidance etc.

I25238Information services

1

The HCA may—

a

publish ideas or information, or

b

7

In this Part “urban development corporation” means a corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980 (c. 65).

I25743Acting with, or for, other persons: general

1

The HCA may act with other persons (whether in partnership or otherwise).

2

The HCA may act as agent for other persons.

44I8Local government involvement

The Secretary of State may give guidance to the HCA as to the exercise of any of its functions.

2

Before giving guidance under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

3

The Secretary of State must publish any guidance given under this section as soon as reasonably practicable after giving it.

4

The Secretary of State may revoke guidance given under this section.

5

The Secretary of State must—

a

consult, before revoking guidance under this section, such persons as the Secretary of State considers appropriate, and

b

publish the fact that the guidance has been revoked as soon as reasonably practicable after the revocation.

6

The HCA must, in exercising its functions, have regard to any guidance for the time being in force under this section.

7

References in this section to giving guidance include references to giving guidance by varying existing guidance.

47I10Directions by the Secretary of State

1

The Secretary of State may give the HCA general or specific directions as to the exercise of any of its functions.

2

The Secretary of State must publish any directions given by the Secretary of State under this Part as soon as reasonably practicable after giving them.

3

The Secretary of State—

a

may revoke any directions given by the Secretary of State under this Part, and

b

must publish the fact that the directions have been revoked as soon as reasonably practicable after the revocation.

4

The HCA must comply with any directions of the Secretary of State in force under this Part.

5

Subsections (2) and (3)(b) do not apply to directions given under section 22 or paragraph 7 of Schedule 1; and this section does not apply to directions given under Schedule 4.

6

References in this Part to the Secretary of State giving directions include references to the Secretary of State giving directions by varying existing directions.

I25948Consents of the Secretary of State

1

Any consent of the Secretary of State required under this Part may be given—

a

unconditionally or subject to conditions, and

b

generally or specifically.

2

The Secretary of State may vary or revoke any such consent except in the case of anything already done, or agreed to be done, on the authority of it.

3

A variation or revocation under subsection (2) does not have effect until the Secretary of State has served notice of it on the HCA or (as the case may be) the other person to whom the consent is given.

Abolition of existing bodies

I11 C149Abolition of Urban Regeneration Agency

The Urban Regeneration Agency shall cease to exist on such day as the Secretary of State may by order appoint.

50Abolition of the Commission for the New Towns

I12 C21

The Commission for the New Towns shall cease to exist on such day as the Secretary of State may by order appoint.

I260 I4262

Schedule 5 (which transfers Welsh functions of the Commission to the Welsh Ministers and makes other amendments of the New Towns Act 1981 (c. 64)) has effect.

51I13Property etc. transfers to the HCA and the Welsh Ministers

1

The Secretary of State may make one or more schemes for—

a

the transfer to the HCA of designated property, rights or liabilities of—

i

the Urban Regeneration Agency,

ii

the Commission for the New Towns,

iii

a regional development agency (within the meaning of the Regional Development Agencies Act 1998 (c. 45)), or

iv

a Minister of the Crown, or

b

the transfer to the Welsh Ministers of designated property, rights or liabilities of—

i

the Urban Regeneration Agency, or

ii

the Commission for the New Towns.

2

On the transfer date, the designated property, rights or liabilities are transferred and vest in accordance with the scheme.

3

Schedule 6 (which makes further provision about the making of schemes) has effect.

4

In this section and in Schedule 6—

“designated” in relation to a scheme, means specified in, or determined in accordance with, the scheme,
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26),
“the transfer date” means a date specified by a scheme as the date on which the scheme is to have effect.

5

Schedule 7 makes provision about the tax implications of schemes under this section (and schemes under section 65).

52I14Role of the HCA in relation to former CNT functions

1

The HCA must, so far as practicable, exercise its powers in relation to—

a

any property, rights or liabilities of the Commission for the New Towns transferred to it by virtue of section 51 and Schedule 6,

b

any property, rights or liabilities of a new town development corporation transferred to it by virtue of section 41 of, and Schedule 10 to, the New Towns Act 1981 (c. 64),

c

any undertaking, or part of an undertaking, of an urban development corporation transferred to it by virtue of an agreement under section 165 of the Local Government, Planning and Land Act 1980 (c. 65), or

d

any property, rights or liabilities of an urban development corporation transferred to it by virtue of an order under section 165B of that Act,

for the purposes of the objects mentioned in section 2(1) or for purposes incidental to those purposes.

2

But subsection (1) does not apply if the HCA does not consider it appropriate to exercise its powers in this way having regard, in particular, to the purposes for which the transferred property was held by the Commission for the New Towns, the new town development corporation or (as the case may be) the urban development corporation.

3

In such a case, the HCA must exercise its powers in relation to the transferred property in such a way as it considers appropriate having regard, in particular, to—

a

the objects mentioned in section 2(1), and

b

the purposes for which the transferred property was held by the body concerned,

and the references in this Part to the objects of the HCA are to be read accordingly.

4

In this section—

“new town development corporation” means a development corporation established under section 3 of the New Towns Act 1981 (c. 64),
“transferred property” means any property, rights or liabilities, or any undertaking or part of an undertaking, falling within paragraphs (a) to (d) of subsection (1) above.

53I15Interim arrangements

1

The Secretary of State may by notice require the Urban Regeneration Agency or the Commission for the New Towns to provide staff, premises, facilities or other assistance on a temporary basis to—

a

the HCA, or

b

the Welsh Ministers.

2

In paragraph 1(1) of Schedule 17 to the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) (constitution of the Urban Regeneration Agency: number of members), for “six” substitute “ two ”.

3

This section is without prejudice to the power of the Secretary of State under section 322(1).

Other

54I16Validity of transactions

1

In this section—

“body corporate” includes a limited liability partnership,
“director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate,
“officer of a body corporate” means any director, manager, secretary or other similar officer of the body corporate,
“partnership” does not include a limited liability partnership,

and references to serving include references to similar expressions (such as giving or sending).

I18 I271 I45556Consequential amendments: Part 1

Schedule 8 (which contains amendments of enactments) has effect.

I19 I33957Interpretation: Part 1

1

In this Part—

“conduit system” has the same meaning as in the electronic communications code; and references to providing a conduit system are to be read in accordance with paragraph 1(3A) of that code,
“develop” (and development), in relation to land or infrastructure, includes redevelop (and redevelopment),
“electronic communications apparatus” has the same meaning as in the electronic communications code,
“the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the Communications Act 2003 (c. 21),
“electronic communications code network” means—
1. a
  so much of an electronic communications network or conduit system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the Act of 2003 (application of the electronic communications code), and
2. b
  an electronic communications network which the Secretary of State is providing or proposing to provide,
“electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the Act of 2003,
“electronic communications network” has the same meaning as in the Act of 2003,
“enactment” includes subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)),
“financial year” means—
1. a
  the period beginning with the day on which the HCA is established and ending with the next 31 March, and
2. b
  each subsequent period of 12 months ending with 31 March,
“improve”, in relation to housing and other land, includes refurbish, equip and fit out,
“modifications” includes omissions,
“notice” means notice in writing,
“operator”, in relation to an electronic communications code network means—
1. a
  the electronic communications code operator providing that network, or
2. b
  the Secretary of State, so far as the Secretary of State is providing or proposing to provide that network,
“provide” and related expressions, in relation to an electronic communications network, are to be read in accordance with section 32(4) of the Communications Act 2003 (c. 21).

2

References in this Part to powers of the HCA do not include references to powers contained in duties imposed on the HCA.

I20 I340 I42558Index of defined expressions: Part 1

In this Part, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column.

Expression	Provision
Allotment	Section 9(7)
Building	Section 2(3)
Caravan	Section 2(3)
Common	Section 9(7)
Conduit system (and providing such a system)	Section 57(1)
Designated area	Section 13(5)
Designation order	Section 13(5)
Develop (and development)	Section 57(1)
Electronic communications apparatus	Section 57(1)
Electronic communications code	Section 57(1)
Electronic communications code network	Section 57(1)
Electronic communications code operator	Section 57(1)
Electronic communications network	Section 57(1)
Enactment	Section 57(1)
Financial year	Section 57(1)
Giving directions	Section 47(6)
The HCA	Section 1(1)
Housing	Section 2(3)
Improve	Section 57(1)
Infrastructure	Section 2(3)
Land	Section 2(3) (and Schedule 1 to the Interpretation Act 1978 (c. 30))
Local planning authority (in relation to designation orders or proposed designation orders)	Section 13(5)
Modifications	Section 57(1)
Notice	Section 57(1)
Objects of the HCA	Sections 2, 19(5) and 52(3)
Open space	Section 9(7)
Operator (in relation to electronic communications code network)	Section 57(1)
Permitted purposes	Section 13(5)
Powers of the HCA	Section 57(2)
Provide (in relation to an electronic communications network)	Section 57(1)
Registered provider of social housing	Section 80(2)(a)
Regulator of Social Housing	Section 81(2)(a)
Social housing (and its provision)	Section 32(13)
Social housing assistance	Section 32(13)
Subsidiary	Section 23(5)
Urban development corporation	Section 42(7)

Part 2Regulation of Social Housing

Chapter 1Introduction

Preliminary

59I21Purpose

The purpose of this Part is to regulate the provision of social housing (as defined in sections 68 to 77) by English bodies (as defined in section 79).

I51760Structural overview

1

This Part replaces the system of “registered social landlords” under Part 1 of the Housing Act 1996 (c. 52).

2

That Part will continue to apply in relation to Wales (see section 61).

3

Certain provisions of that Part—

a

are applied in relation to England by this Part (see section 179), or

b

are preserved although they apply to England only (see section 124).

4

The Table describes the content of this Part.

Chapter	Sections	Topic	Contents
1	59 to 80	Introduction	a Preliminary b Social housing c Other key concepts
2	81 to 109	The Social Housing Regulator	a Constitution b Proceedings c Powers d Money e Relationship with other bodies f Information
3	110 to 121	Registration	a Introduction b Eligibility c Procedure
4	122 to 169	Registered providers	a General provisions b Accounts c Insolvency etc. d Restructuring and dissolution
5	170 to 191	Disposal of property F14by private registered providers	a Introductory b Regulator's consent c Proceeds d Tenants' rights and duties e Miscellaneous f Right to acquire g Consents under other legislation
6	192 to 217	Regulatory powers	a Standards b Monitoring c Management and constitution d Guidance e Managers of social housing
7	218 to F15269B	Enforcement powers	a General b Enforcement notice c Penalty d Compensation e Management f Restrictions on dealings g Suspension and removal of officers F16h Censure of local authority employees
8	270 to 278	General	a Interpretation b Miscellaneous

61Restriction of “registered social landlord” system to Wales

1

Part 1 of the Housing Act 1996 (c. 52) (social rented sector) is amended as follows (and the title of Part 1 becomes “Social Rented Sector in Wales”).

2

Before section 1 (register of social landlords) insert—

A1Introduction
This Chapter provides for the registration of social landlords in Wales.

3

In section 1—

a

for “The Relevant Authority” substitute “ The Welsh Ministers ”, and

b

omit subsections (1A) and (1B).

4

After section 1 insert—

1AWelsh bodies
In this Chapter “Welsh body” means a body which is—
a
a registered charity whose address, for the purposes of registration by the Charity Commission for England and Wales, is in Wales,
b
an industrial and provident society whose registered office for the purposes of the Industrial and Provident Societies Act 1965 is in Wales, or
c
a company within the meaning of the Companies Act 2006 which has its registered office for the purposes of that Act in Wales.

5

In section 2 (eligibility for registration)—

a

in subsection (1), for “A body” substitute “ A Welsh body ”,

b

in subsection (2) after “that the body is” insert “ principally concerned with Welsh housing, is ”,

c

after subsection (2) insert—

2A
A body is principally concerned with Welsh housing if the Welsh Ministers think—
a
that it owns housing only or mainly in Wales, or
b
that its activities are principally undertaken in respect of Wales;
and once a body has been registered in reliance on paragraph (a) or (b) it does not cease to be eligible for registration by virtue only of ceasing to satisfy that paragraph.

d

in subsection (7) for “Secretary of State” (in each place) substitute “ Welsh Ministers ”, and

e

in subsection (8) for “either House of Parliament” substitute “ the National Assembly for Wales ”.

6

In section 3 (registration)—

a

in subsection (1) for “any body” substitute “ any Welsh body ”, and

b

in subsection (4) for “A body” substitute “ A Welsh body ”.

7

The table sets out substitutions which have effect throughout the Part (except section 51 and Schedule 2); and where necessary in consequence of those substitutions, for words in the singular substitute appropriate corresponding words in the plural.

Expression	Substitution
“the Relevant Authority”	“the Welsh Ministers”
“the Authority”	“the Welsh Ministers”
“the Relevant Authority's”	“the Welsh Ministers”

8

Omit section 56 (meaning of “the Relevant Authority”).

9

Sections 62 and 63 make other consequential amendments.

62References to Welsh Ministers

In the following provisions of the Housing Act 1996 (c. 52)—

a

for “Secretary of State” substitute “ Welsh Ministers ”,

b

for “Secretary of State makes” substitute “ Welsh Ministers make ”,

c

for “he” substitute “ they ”,

d

for “him” substitute “ them ” (except in section 12A(4)), and

e

for “considers” substitute “ consider ”.

Provision	Topic
Section 9(1A)(b)	Consent for disposal of land
Section 12A(4)	Right of first refusal: regulations
Section 15A(5)	Deferred resale agreements: order
Section 17(1), (2)(b), (5)(b) and (6)	Right to acquire: orders and regulations
Section 18(5)(b)	Social housing grants: appointment of agent
Section 23(6)	Loans: approved schemes
Section 27A(3)	Grants to other bodies: further provision
Section 29(1), (2) and (3)	Commutation of special residual subsidy
Section 30(5)(b)	Collection of information: notice
Section 39(3)	Insolvency etc: order defining terms
Section 46(7)(b)	Appointment of manager: order
Section 52(1) and (3)	Orders: general
Section 53(1), (4) and (5)	Determinations: general
Section 55(2)	Consequential: order
Paragraph 9(3A)(b) of Schedule 1	Change of rules of industrial and provident society: consent
Paragraph 11(3A)(b) of Schedule 1	Change of articles of company: consent
Paragraph 15A(1) of Schedule 1	Transfer of assets of charity on dissolution: order

63References to National Assembly for Wales

In the following provisions of the Housing Act 1996 (c. 52) for “either House of Parliament” substitute “ the National Assembly for Wales ”.

Provision	Topic
Section 12A(8)(b)	Right of first refusal: regulations
Section 15A(6)(b)	Deferred resale agreements: order
Section 17(7)	Right to acquire: orders and regulations
Section 27A(10)	Grants to other bodies: order
Section 39(3)	Insolvency: order
Section 55(3)	Consequential: order
Paragraph 15A(4) of Schedule 1	Transfer of assets of charity on dissolution: order

64Dissolution of Housing Corporation

I3891

The Secretary of State shall by order make provision for the dissolution of the Housing Corporation.

I3892

The Secretary of State may by order make consequential amendment of enactments referring to the Housing Corporation.

3

Omit section 33A of the Housing Associations Act 1985 (c. 69) (provision of services between the Corporations).

65I22Transfer schemes

1

The Secretary of State may make one or more schemes for the transfer of the Housing Corporation's property, rights or liabilities to—

a

the regulator,

b

the HCA, or

c

the Secretary of State.

2

On the transfer date, the designated property, rights or liabilities are transferred and vest in accordance with the scheme.

3

Schedule 6 applies to a scheme under this section.

4

In this section—

“designated”, in relation to a scheme, means specified in or determined in accordance with the scheme;
“the transfer date” means the date specified by a scheme as the date on which the scheme is to have effect.

5

Schedule 7 makes provision about the tax implications of schemes under this section (and schemes under section 51).

66I23Interim arrangements

The Secretary of State may by notice require the Housing Corporation to provide staff, premises, facilities or other assistance to—

a

the regulator, or

b

the HCA.

67I24Transitional arrangements

1

The Secretary of State may by order transfer functions of the Housing Corporation to—

a

the regulator,

b

the HCA, or

c

the regulator and the HCA jointly or concurrently.

2

An order under subsection (1) may make provision in relation to English registered social landlords which is similar to any provision made by this Part in relation to registered providers.

3

“English registered social landlord” means a body—

a

which is registered as a social landlord under Part 1 of the Housing Act 1996, and

b

which does not fall within paragraphs (a) to (c) of section 56(2) of that Act (Welsh bodies).

4

The Secretary of State may by order make further provision in respect of a function transferred under this section (which may, in particular, include provision for the function to cease to be exercisable).

5

Provision made under this section, including provision made by virtue of section 320(1)(d), may modify an enactment.

6

Provision under section 322(1) in connection with the coming into force of a provision of this Act may, in particular, include transitional provision having regard to the effect of provision made under this section.

Other key concepts

78I35Regulator of Social Housing

1

Section 81 establishes the Office referred to in this Part as “the regulator”.

2

Chapter 2 makes provision for the regulator's constitution and general powers.

3

Other provisions of this Part confer functions on the regulator.

any profits from its activities will be used to benefit the local community (otherwise than by being paid directly to members),

b

individuals who live or work in the specified area have the opportunity to become members of the trust (whether or not others can also become members), and

c

the members of the trust control it.

80I37Provider of social housing

1

In this Chapter a reference to the provider of social housing is to be construed as follows.

Type of social housing	Provider
Low cost rental accommodation	The landlord
Low cost home ownership accommodation: shared ownership	The landlord
Low cost home ownership accommodation: equity percentage	“The seller” within the meaning of section 70(5)(a)
Low cost home ownership accommodation: shared ownership trust	The “social landlord” within the meaning of paragraph 7(3) of Schedule 9 to the Finance Act 2003

2

Chapter 3 provides for the establishment of a register of providers of social housing: persons listed in the register—

a

may be referred to in an enactment or other instrument as “registered providers of social housing”, and

b

are referred to in this Part as “registered providers”.

Chapter 2The Social Housing Regulator

Constitution

81I38Establishment

1

There shall be a body corporate to be known as the Office for Tenants and Social Landlords.

2

The Office—

a

may be referred to in an enactment or other instrument as “the Regulator of Social Housing”, and

b

is referred to in this Part as “the regulator”.

3

The Office (and any member of the Office)—

a

is not the servant or agent of the Crown, and

b

does not share any immunity or privilege of the Crown.

82I39Membership

1

The regulator shall consist of—

a

a person appointed by the Secretary of State as chair,

b

neither less than 3 nor more than 10 other members appointed by the Secretary of State, and

c

the chief executive appointed under section 84.

2

The Secretary of State must consult the chair before appointing other members.

3

The Secretary of State may appoint a person under subsection (1) only if satisfied that the person has no financial or other personal interest in the performance of functions.

4

Former membership of the Housing Corporation is not a bar to appointment.

5

In this Part “appointed member” means—

a

the chair, or

b

a member appointed under subsection (1)(b).

6

A vacancy for, or a defect in the appointment of, the chair, the chief executive or another member does not prevent or invalidate proceedings.

83I40Tenure

1

An appointed member holds and vacates office in accordance with the terms of appointment (subject to this section).

2

A period of appointment may not exceed 5 years (but a member may be reappointed).

3

An appointed member may resign by notice to the Secretary of State.

4

The Secretary of State may dismiss an appointed member if satisfied that any of the following cases applies—

a

Case 1 is where a member has been absent from meetings of the regulator for a period of more than 6 months without its permission.

b

Case 2 is where a member is subject to—

i

a bankruptcy restrictions order, or

ii

an interim bankruptcy restrictions order.

c

Case 3 is where—

i

a member's estate has been sequestrated by a court in Scotland, or

ii

under the law of Scotland, a member has made a composition or arrangement with, or granted a trust deed for, creditors.

d

Case 4 is where a member has a financial or other personal interest which is likely to influence the performance of functions.

e

Case 5 is where a member has misbehaved or is for any other reason unable, unsuitable or unwilling to perform functions.

84I41Chief executive

1

The regulator shall appoint a chief executive.

2

The regulator may appoint a person only if approved by the Secretary of State.

3

The first chief executive shall be appointed by the Secretary of State, having consulted the chair.

85I42Other staff

The regulator may appoint employees (in addition to the chief executive).

Proceedings

86I43Fundamental objectives

1

The regulator shall perform its functions with a view to achieving the following objectives so far as possible.

2

Objective 1 is to encourage and support a supply of well-managed social housing, of appropriate quality, sufficient to meet reasonable demands.

3

Objective 2 is to ensure that actual or potential tenants of social housing have an appropriate degree of—

a

choice, and

b

protection.

4

Objective 3 is to ensure that tenants of social housing have the opportunity to be involved in its management.

5

Objective 4 is to ensure that registered providers of social housing perform their functions efficiently, effectively and economically.

6

Objective 5 is to ensure that registered providers of social housing are financially viable and properly managed.

7

Objective 6 is to encourage registered providers of social housing to contribute to the environmental, social and economic well-being of the areas in which the housing is situated.

8

Objective 7 is to encourage investment in social housing (including by promoting the availability of financial services to registered providers of social housing).

9

Objective 8 is to avoid the imposition of an unreasonable burden (directly or indirectly) on public funds.

10

Objective 9 is to guard against the misuse of public funds.

11

Objective 10 is to regulate in a manner which—

a

minimises interference, and

b

is proportionate, consistent, transparent and accountable.

12

Pursuit of Objective 10 includes, but is not necessarily limited to, compliance with any duty of the regulator under section 22 of the Legislative and Regulatory Reform Act 2006 (c. 51) (code of practice).

13

The order in which the objectives are listed in this section is not significant; the regulator shall balance them as it thinks appropriate.

14

The objectives are referred to in this Part as the regulator's fundamental objectives.

87I44Procedure

1

The regulator may determine its own procedure (which may include provision about a quorum).

2

The regulator shall make such arrangements as it thinks appropriate for publishing its procedure.

88I45Conflict of interest

1

The regulator's procedural arrangements under section 87 must include arrangements for dealing with any conflict of interest of—

a

members,

b

employees, or

c

members of committees and sub-committees.

2

The arrangements must oblige a person—

a

to declare any financial or other personal interest relevant to the exercise of a function, and

b

to withdraw from the performance of that function unless the regulator directs otherwise, being satisfied that the interest will not influence performance of the function.

89I46Committees

1

The regulator may establish committees and sub-committees.

2

A committee or sub-committee may include non-members (provided that it includes at least one member).

90I47Delegation

a

include a statement of the regulator's accounts,

b

specify any direction given to the regulator by the Secretary of State in that year under section 197, and

c

contain a general description of complaints made to the regulator in that year about the performance of registered providers and of how those complaints have been dealt with.

3

The Secretary of State shall lay a copy before Parliament.

Powers

I50 I45693General

1

The regulator may do anything it thinks necessary or expedient for the purpose of or in connection with the performance of a function conferred on it by this Part or another enactment.

2

In particular, the regulator may do anything it thinks appropriate for advancing its fundamental objectives.

94Studies

1

The regulator may carry out or commission studies designed to improve the economy, effectiveness and efficiency of registered providers.

2

The regulator may publish a report on a study.

an ombudsman appointed by virtue of section 124.

unregistered housing associations (as defined by section 2B of the Housing Associations Act 1985 (c. 69)), and

b

persons who may be forming a housing association (within the meaning of section 1(1) of that Act).

98I54Tenant involvement

100I56Charging

The regulator may charge for giving advice, conducting research or providing other services.

101I57Assistance by Secretary of State

1

The Secretary of State may make payments to the regulator by way of grant or loan.

2

A grant or loan may be subject to conditions (which may include provision for repayment, with or without interest).

102I58Borrowing

1

The regulator may borrow—

a

by way of overdraft or otherwise, for the purpose of what it considers to be short-term management of its finances, or

b

from the Secretary of State.

2

The regulator may not borrow otherwise.

103I59Accounts

1

The regulator shall keep accounts (and records of its accounts).

2

As soon as is reasonably practicable after the end of each financial year the regulator shall prepare a statement of accounts in respect of that financial year.

3

The statement must be in such form as the Secretary of State may direct.

4

The regulator shall, within such period as the Secretary of State may direct, send a copy of the statement to—

a

the Secretary of State, and

b

the Comptroller and Auditor General.

5

The Comptroller and Auditor General shall—

a

examine, certify and report on the statement, and

b

lay a copy of the report before Parliament.

104I60Financial year

1

The regulator's financial year is each period of 12 months beginning with 1st April.

2

But the first financial year is the period—

a

beginning with the day on which section 81 comes into force, and

b

ending with the next 31st March.

Relationship with other bodies

105I61Cooperation with the HCA

1

The regulator shall cooperate with the HCA.

2

In particular, the regulator shall consult the HCA on matters likely to interest it.

106Direction to the HCA

An order under section 107(7) may include provision about costs.

109Disclosure

1

A public authority may disclose information to the regulator if the authority thinks that the disclosure is necessary for a purpose connected with the regulator's functions.

2

The regulator may disclose information to a public authority if the regulator thinks that the disclosure is necessary—

a

for a purpose connected with the regulator's functions, or

b

for a purpose connected with the authority's functions.

3

The regulator may disclose information to a person acting on its behalf for a purpose connected with the regulator's functions.

4

A disclosure may be subject to restrictions on further disclosure.

5

The power to disclose information under this section is subject to any express restriction on disclosure imposed by another enactment (ignoring any restriction which allows disclosure if authorised by an enactment).

6

Disclosure in contravention of a restriction under subsection (4) is an offence.

7

A person guilty of an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

8

“Public authority” means a person having functions of a public nature (whether or not in the United Kingdom).

Chapter 3Registration

Introduction

110Overview

This Chapter provides for the establishment of a register of providers of social housing.

111The register

c

one or more bodies appearing to it to represent the interests of tenants.

113Local authority non-registrable bodies

1

This section sets out the exceptions to section 112(1).

2

Exception 1 is a local housing authority.

3

Exception 2 is a county council.

4

Exception 3 is a person controlled by an authority within Exception 1 or 2.

5I63

The Secretary of State may make regulations defining when a person is controlled by an authority for the purpose of Exception 3.

6I63

The definition may be expressed by reference to a definition for the time being given in a document identified by regulations under section 21(2)(b) of the Local Government Act 2003 (c. 26) (accounting practices for local authorities).

In preparing (or revising) the principles the regulator shall consult persons appearing to the regulator to represent the interests of fee-payers.

9

The regulator's accounts shall show—

a

fees received, and

b

fees outstanding.

118De-registration: compulsory

1

The regulator may remove from the register a body which the regulator thinks—

a

is no longer eligible for registration,

b

has ceased to carry out activities, or

c

has ceased to exist.

2

Before removing a body under subsection (1)(a) or (b) the regulator must—

a

take all reasonable steps to give the body at least 14 days' notice, and

b

consider any representations it makes in that period.

3

After removing a body under subsection (1)(a) or (b) the regulator must take all reasonable steps to notify the body.

the provider, and

b

any authority consulted.

7I67

The regulator shall publish criteria set for the purposes of subsection (2)(c).

I518120Notice

1

As soon as is reasonably practicable after registering or de-registering a body the regulator shall notify—

a

in the case of a registered charity, the Charity Commission,

b

in the case of an industrial and provident society, the Financial Services Authority, F17...

c

in the case of a registered company (whether or not also a registered charity), the registrar of companies for England and WalesF18, and

d

in the case of a local authority, the Secretary of State.

2

F19Except in the case of a local authority, a notice of registration shall specify whether the person registered is designated as a non-profit or profit-making organisation.

3

If the designation changes, the regulator shall notify any person notified of the registration.

4

A person to whom notice is given under this section must keep a record of it.

121Appeal

1

A body may appeal to the High Court against a decision of the regulator—

a

to refuse to register it,

b

to de-register it, or

c

to refuse to de-register it.

2

The regulator shall not de-register a body while an appeal is pending.

3

The Secretary of State may by order provide for the First-tier Tribunal to have jurisdiction under this section instead of the High Court.

Chapter 4Registered providers

b

the regulator may require it to take action to recover the gift or payment.

I519123Disposal of property

Chapter 5 makes provision about disposal of property F20by private registered providers.

124Complaints

1

In section 51 of, and Schedule 2 to, the Housing Act 1996 (c. 52) (schemes for investigation of complaints by housing ombudsmen) for “Relevant Authority”, wherever appearing, substitute “ Regulator of Social Housing ”.

2

In section 51 of that Act—

a

for subsection (2)(a) substitute—

a
a registered provider of social housing,

b

in subsection (2)(d) after “registered with” insert “ the Regulator of Social Housing or ”, and

c

at the end add—

7
Section 52 shall apply to an order under subsection (4) (with any necessary modifications).

3

In paragraph 6(2) of Schedule 2 to that Act (grants) for “Housing Corporation”, in both places, substitute “ Regulator of Social Housing ”.

4

In paragraph 11(4) of Schedule 2 to that Act, omit—

a

“or the Housing Corporation”, and

b

“or, as the case may be, the Housing Corporation”.

5

At the end of Schedule 2 to that Act add—

12General provision about orders
Section 52 shall apply to an order of the Secretary of State under this Schedule (with any necessary modifications).

4

The report must give the name of the reporting accountant and be signed and dated.

5

The report must be signed—

a

where the reporting accountant is an individual, by that individual, and

b

where the reporting accountant is a firm, for and on behalf of the firm by an individual authorised to do so.

6

In this section and sections 131 and 132 “firm” has the meaning given by section 1173(1) of the Companies Act 2006.

any other country or territory in which a partnership is not a legal person.

132Application of Companies Act

1

The provisions of the Companies Act 2006 listed in subsection (2) apply to the reporting accountant and a reporting accountant's report as they apply to an auditor of the company and an auditor's report on the company's accounts (with any necessary modifications).

2

The provisions are—

a

sections 423 to 425 (duty to circulate copies of annual accounts),

b

sections 431 and 432 (right of member or debenture holder to demand copies of accounts),

c

sections 434 to 436 (requirements in connection with publication of accounts),

d

sections 441 to 444A (duty to file accounts with registrar of companies),

e

section 454(4)(b) and regulations made under that provision (functions of auditor in relation to revised accounts),

f

sections 499 to 502 (auditor's right to information), and

g

sections 505 and 506 (name of auditor to be stated in published copies of report).

3

In sections 505 and 506 as they apply by virtue of this section in a case where the reporting accountant is a firm, any reference to the senior statutory auditor shall be read as a reference to the person who signed the report on behalf of the firm.

133Exempt companies: extraordinary audit

1

This section applies where, in accordance with section 129, a company appoints a reporting accountant to prepare a report in respect of its accounts for any year.

2

The regulator may require the company to—

a

cause a qualified auditor to audit its accounts and balance sheet for that year, and

b

send a copy of the report to the regulator by a specified date.

3

A requirement may not be imposed before the end of the financial year to which it relates.

4

“Qualified auditor”, in relation to a company, means a person who—

a

is eligible for appointment as a statutory auditor of the company under Part 42 of the Companies Act 2006 (c. 46) (statutory auditors), and

b

is not prohibited from acting as statutory auditor of the company by virtue of section 1214 of that Act (independence requirement).

134Non-audited industrial and provident society

1

This section applies to a registered provider which is an industrial and provident society.

2

Section 9A of the Friendly and Industrial and Provident Societies Act 1968 (c. 55) applies to the society as if subsection (1)(b) were omitted (accountant's report required only where turnover exceeds specified sum).

3

The regulator may require the society to—

a

appoint a qualified auditor to audit the society's accounts and balance sheet for any year of account in respect of which section 4 of the Friendly and Industrial and Provident Societies Act 1968 (audit requirements) has been disapplied (see section 4A of that Act), and

b

send a copy of the auditor's report to the regulator by a specified date.

4

A requirement under subsection (3) may be imposed only during the year of account following the year to which the accounts relate.

5

In this section—

“qualified auditor” means a person who is a qualified auditor for the purposes of Friendly and Industrial and Provident Societies Act 1968 (c. 55), and
“year of account” has the meaning given by section 21(1) of that Act.

This section does not affect any obligation under sections 41 to 45 of the Charities Act 1993 (c. 10) (charity accounts).

136Charity: audit

1

This section applies in relation to the accounts of a charity under section 135(3).

2

If Condition 1 or 2 is met, the charity shall cause a qualified person to audit the accounts and report on them in accordance with section 137.

3

If neither Condition is met, the charity shall cause a qualified person (“the reporting accountant”) to report on the accounts in accordance with section 138.

4

Condition 1 is met if the accounts relate to a period during which the charity's gross income arising in connection with its housing activities was greater than the sum specified in section 43(1)(a) of the Charities Act 1993.

5

Condition 2 is met if—

a

the accounts relate to a period during which the charity's gross income arising in connection with its housing activities was greater than the accounts threshold as defined by section 43(1) of the Charities Act 1993, and

b

at the end of the period the aggregate value of its assets (before deduction of liabilities) in respect of its housing activities was greater than the sum specified in section 43(1)(b).

6

“Gross income” has the same meaning as in section 43 of the Charities Act 1993 (c. 10).

7

“Qualified person” means a person professionally qualified as an accountant.

137Charity: auditor's report

1

An auditor appointed for the purposes of section 136(2) or 139(2) in respect of a charity's accounts shall make a report to the charity in accordance with this section.

2

The report must state—

a

whether the revenue account gives a true and fair view of the charity's income and expenditure, so far as relating to its housing activities, and

b

whether the balance sheet gives a true and fair view of the state of affairs of the charity as at the end of the period to which the accounts relate.

3

The report must give the name of the auditor and be signed.

4

The auditor shall, in preparing the report, carry out such investigations as are necessary to form an opinion as to—

a

whether the charity has complied with section 135(2) during the period to which the accounts relate, and

b

whether the accounts are in accordance with accounting records kept under section 135(2)(a).

5

If the auditor thinks that the charity has not complied section 135(2) or that the accounts are not in accordance with its accounting records, that must be stated in the report.

6

If the auditor fails to obtain all the information and explanations which the auditor thinks necessary for the purposes of the audit, that must be stated in the report.

138Charity: accountant's report

1

A reporting accountant appointed for the purposes of section 136(3) in respect of a charity's accounts shall make a report to the charity in accordance with this section.

2

The report must state whether the accounts are in accordance with accounting records kept under section 135(2)(a).

3

On the basis of the information in the accounting records the report must also state whether—

a

the accounts comply with the requirements of the Charities Act 1993;

b

section 136(3) applied in respect of the accounts.

4

The report must give the name of the reporting accountant and be signed.

5

If the reporting accountant fails to obtain all the information and explanations which the reporting accountant thinks necessary for the purposes of preparing the report, that must be stated in the report.

139Charity: extraordinary audit

1

This section applies where, in accordance with section 136(3), a charity appoints a reporting accountant to prepare a report in respect of any accounts.

2

The regulator may require the charity to—

a

cause a qualified person to audit the accounts and prepare a report on them in accordance with section 137, and

b

send a copy of the report to the regulator by a specified date.

3

A requirement under subsection (2) may be imposed only during the period of account following the period to which the accounts relate.

4

In this section—

“period of account” has the meaning given by section 135(5), and
“qualified person” has the meaning given by section 136(7).

140Charity: auditor's powers

1

This section applies to a person who is appointed by a charity for the purposes of section 136(2) or (3) or 139(2).

2

The charity must grant the person access to its documents, if or in so far as they relate to its housing activities.

3

An officer of the charity must provide such information or explanations as the person thinks necessary.

1

If a registered provider fails to comply with a direction, provision or requirement mentioned in section 141(1), the High Court may on the application of the regulator make an order for the purpose of remedying the failure.

2

An order may include provision about costs.

143Disclosure

1

This section applies to information that a person has received while acting—

a

as auditor of a registered provider, or

b

as a reporting accountant in relation to a registered provider.

2

The person may disclose the information to the regulator for a purpose connected with the regulator's functions—

a

despite any duty of confidentiality, and

b

whether or not the regulator requests the information.

3

The reference to disclosing information includes expressing an opinion on it.

4

“Reporting accountant” means a person who is appointed to prepare a report which, by virtue of any enactment, has to be prepared in respect of accounts that are not subject to audit.

Insolvency etc.

I457144Preparatory steps: notice

A step specified in the Table has effect only if the person specified has given the regulator notice.

Step	Person to give notice
Any step, of a kind prescribed for the purposes of this section by the Secretary of State by order, to enforce a security over land held by a registered provider	The person taking the step
Presenting a petition for the winding up of a registered provider which is— a a registered company, or b an industrial and provident society But not the presenting of a petition by the regulator under section 166	The petitioner
Passing a resolution for the winding up of a registered provider which is— a a registered company, or b an industrial and provident society But not the passing of a resolution for winding-up where the regulator's consent is required under section 162 or 164	The registered provider
Making an administration application in accordance with paragraph 12 of Schedule B1 to the Insolvency Act 1986 in respect of a registered provider which is a registered company	The applicant
Appointing an administrator under paragraph 14 or 22 of that Schedule in respect of a registered provider which is a registered company	The person making the appointment
Filing with the court a copy of a notice of intention to appoint a person under either of those paragraphs in respect of a registered provider which is a registered company	The person filing the notice

145Moratorium

1

If a step specified in the Table below is taken in respect of a registered provider, a moratorium on the disposal of land by the provider begins.

2

Where a step specified in the Table is taken in respect of a registered provider, the person specified must give the regulator notice as soon as is reasonably practicable.

3

If the notice is not given the step is not invalidated (but the end of the moratorium depends on the notice being given — see section 146(2)).

I4584

The regulator shall give the HCA a copy of any notice received under this section.

Step	Person
Any step, of a kind prescribed for the purposes of this section by the Secretary of State by order, to enforce a security over land held by a registered provider	The person taking the step
The presenting of a petition for winding up a registered provider which is— a a registered company, or b an industrial and provident society But not the presenting of a petition by the directors or other governing body of the registered provider or by the regulator under section 166	The petitioner
The passing of a resolution for the winding up of a registered provider which is— a a registered company, or b an industrial and provident society	The registered provider
A decision by the directors or other governing body of a registered provider to present a petition for winding up where the registered provider is— a a registered company, or b an industrial and provident society	The directors or governing body
The making of an administration order in accordance with paragraph 13 of Schedule B1 to the Insolvency Act 1986 in respect of a registered provider which is a registered company	The person who applied for the order
The appointment of an administrator under paragraph 14 or 22 of that Schedule in respect of a registered provider which is a registered company	The person making the appointment

start a new moratorium, or

b

alter the existing moratorium's duration.

147Further moratorium

1

This section applies if—

a

a moratorium in respect of a registered provider ends otherwise than by cancellation, and

b

a further step specified in section 145 is taken in relation to the provider within the period of 3 years beginning with the end of the moratorium.

2

The further step does not automatically trigger a further moratorium.

3

But the regulator may impose a further moratorium for a specified period, if each secured creditor of the registered provider whom the regulator is able to locate after making reasonable enquiries consents.

4

If the regulator imposes a new moratorium it shall notify—

a

the registered provider,

b

any liquidator, administrator, administrative receiver or receiver appointed in respect of the registered provider or any of its land, and

c

the HCA.

5

This group of sections applies to a further moratorium as to a first moratorium (except for section 146(2)).

148Effect of moratorium

1

During a moratorium the HCA—

a

may not give the registered provider a direction under section 32(4), and

b

may not take steps to enforce such a direction against the registered provider.

2

During a moratorium a disposal of the registered provider's land requires the regulator's prior consent.

3

Section 149 sets out exceptions to subsection (2).

4

Consent—

a

may be given before the moratorium begins, and

b

may be subject to conditions.

5

This section does not prevent a liquidator from disclaiming land as onerous property during a moratorium.

6

In this section “land” includes a present or future interest in rent or other receipts arising from land.

1

A purported disposal by a registered provider is void if—

a

it requires the regulator's consent under section 148, and

b

the regulator has not given consent.

2

But subsection (1) does not apply to a disposal by a non-profit registered provider to one or more individuals (“the buyer”) if—

a

the disposal is of a single dwelling, and

b

the registered provider reasonably believes at the time of the disposal that the buyer intends to use the property as the buyer's principal residence.

dispose of land, or

b

grant security over land.

Proposals may be amended by agreement between the secured creditors to whom the original proposals were sent and the regulator; and this section and section 152 apply to an amendment as to the original proposals.

154Proposals: effect

1

The following are obliged to implement agreed proposals—

a

the regulator,

b

the registered provider,

c

its creditors, and

d

any liquidator, administrator, administrative receiver or receiver appointed in respect of the registered provider or any of its land.

2

The following shall co-operate with implementation of agreed proposals—

a

in the case of a charitable trust, its trustees,

b

in the case of an industrial and provident society, its committee members, and

c

in the case of a registered company, its directors.

3

Subsection (2) does not require or permit a breach of a fiduciary or other duty.

155Manager: appointment

1

This section applies where agreed proposals provide for the appointment of a manager.

2

The proposals must provide for the manager to be paid reasonable remuneration and expenses.

3

The regulator shall appoint a manager.

4

The regulator may give the manager directions (general or specific).

5

The manager may apply to the High Court for directions (and directions of the regulator are subject to directions of the High Court).

6

If the registered provider is a charity, the regulator must notify the Charity Commission that a manager has been appointed.

7

The regulator may appoint a new manager in place of a person who ceases to be manager (in accordance with terms of appointment specified in the proposals or determined by the regulator).

156Manager: powers

1

A manager—

a

may do anything necessary for the purpose of the appointment,

b

acts as the registered provider's agent (and is not personally liable on a contract), and

c

has ostensible authority to act for the registered provider (so that a person dealing with the manager in good faith and for value need not inquire into the manager's powers).

2

In particular, the terms of a manager's appointment may confer power—

a

to sell or otherwise dispose of land by public auction or private contract;

b

to raise or borrow money;

c

to grant security over land;

d

to grant or accept surrender of a lease;

e

to take a lease;

f

to take possession of property;

g

to appoint a solicitor, accountant or other professional to assist the manager;

h

to appoint agents and staff (and to dismiss them);

i

to make payments;

j

to bring or defend legal proceedings;

k

to refer a question to arbitration;

l

to make any arrangement or compromise;

m

to carry on the business of the registered provider;

n

to carry out works and do other things in connection with the management or transfer of land;

o

to take out insurance;

p

to use the registered body's seal;

q

to execute in the name and on behalf of the registered provider any deed, receipt or other document;

r

to do anything incidental to a power in paragraphs (a) to (q).

3

A manager shall so far as is reasonably practicable consult and inform the registered provider's tenants about an exercise of powers likely to affect them.

157Manager of industrial and provident society: extra powers

1

This section applies to a manager appointed to implement proposals relating to an industrial and provident society.

2

The appointment may confer on the manager power to make and execute on behalf of the society—

a

an instrument providing for the amalgamation of the society with another industrial and provident society, or

b

an instrument transferring its engagements.

3

An instrument providing for the amalgamation of a society (“S1”) with another has the same effect as a resolution by S1 under section 50 of the Industrial and Provident Societies Act 1965 (c. 12) (amalgamation of societies by special resolution).

4

An instrument transferring engagements has the same effect as a transfer of engagements under sections 51 and 52 of the Industrial and Provident Societies Act 1965 (transfer by special resolution to another society or company).

5

A copy of the instrument shall be sent to and registered by the Financial Services Authority.

6

An instrument does not take effect until the copy is registered.

7

The copy must be sent for registration during the period of 14 days beginning with the date of execution; but a copy registered after that period is valid.

158Assistance by regulator

1

The regulator may give financial or other assistance to a registered provider for the purpose of preserving its position pending the agreement of proposals.

2

The regulator may give financial or other assistance to a registered provider, or a manager appointed under section 155, to facilitate the implementation of agreed proposals.

3

In particular, the regulator may—

a

lend staff;

b

arrange payment of the manager's remuneration and expenses.

4

The regulator may do the following only with the Secretary of State's consent—

a

make grants,

b

make loans,

c

indemnify a manager,

d

make payments in connection with secured loans, and

e

guarantee payments in connection with secured loans.

159Applications to court

b

does not take effect until a copy of the consent is delivered to the registrar of companies.

4

An order under section 900 of the Companies Act 2006 (powers of court to facilitate reconstruction or amalgamation) is effective only if the regulator has first consented.

5

The requirement in section 900(6) of the Companies Act 2006 (sending copy of order to registrar) is satisfied only if the copy is accompanied by a copy of the regulator's consent.

161Company: conversion into industrial and provident society

1

This section applies to a non-profit registered provider which is a registered company.

2

The registrar of companies may register a resolution under section 53 of the Industrial and Provident Societies Act 1965 (c. 12) for converting the company into an industrial and provident society only if—

a

the regulator has consented to the resolution, and

b

a copy of the consent accompanies the resolution as sent to the registrar.

3

The regulator shall register the body created by the conversion and designate it as a non-profit organisation.

4

Pending registration the body shall be treated as if it were registered and designated as a non-profit organisation.

162Company: winding up

1

This section applies to a non-profit registered provider which is a registered company.

2

A special resolution for the voluntary winding-up of the company under the Insolvency Act 1986 (c. 45) is effective only if the regulator has first consented.

3

The requirement under section 30 of the Companies Act 2006 (c. 46) (sending copy of resolution to registrar) is satisfied only if the copy is accompanied by a copy of the regulator's consent.

1

This section applies to a non-profit registered provider which is an industrial and provident society.

2

A resolution for the voluntary winding-up of the society under the Insolvency Act 1986 is effective only if the regulator has first consented.

3

The requirement in section 30 of the Companies Act 2006 (c. 46) (as applied by section 55 of the Industrial and Provident Societies Act 1965 and section 84(3) of the Insolvency Act 1986) (sending copy of resolution to FSA) is satisfied only if the copy is accompanied by a copy of the regulator's consent.

165Industrial and provident society: dissolution

1

This section applies to a non-profit registered provider which is—

a

an industrial and provident society, and

b

to be dissolved by instrument of dissolution in accordance with section 58 of the Industrial and Provident Societies Act 1965.

2

The Financial Services Authority may register the instrument under section 58(5), or cause notice of the dissolution to be advertised under section 58(6), only if—

a

the regulator has consented to the dissolution, and

b

a copy of the consent accompanies the instrument as sent to the Authority.

166Winding up petition by regulator

1

This section applies to a non-profit registered provider which is—

a

a registered company, or

b

an industrial and provident society.

2

The regulator may present a petition for the registered provider to be wound up under the Insolvency Act 1986 (c. 45) on any of the following grounds.

3

Ground 1 is that the registered provider is failing properly to carry out its objects.

4

Ground 2 is that the registered provider is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986.

5

Ground 3 is that the regulator has directed the registered provider under section 253 to transfer all its land to another person.

the Companies Act 2006 (c. 46), or

d

the constitution of a registered provider.

Introductory

170Overview

This Chapter makes provision about the disposal of property by registered providers.

I501171Power to dispose

1

A F5private registered provider may dispose of land.

2

But a non-profit registered provider may dispose of the landlord's interest under a secure tenancy only to another non-profit registered provider F6or to a local authority which is a registered provider.

3

Subsection (1) is subject to the following provisions of this Chapter (which include provisions requiring the regulator's consent for certain disposals).

Proceeds

177Separate accounting

1

The accounts of a registered provider must show its net disposal proceeds, as a separate “disposal proceeds fund”.

2

The following are net disposal proceeds—

a

net proceeds of sale to a tenant in pursuance of the right to acquire conferred by section 180,

b

net proceeds of sale to a tenant in pursuance of the right to acquire conferred by section 16 of the Housing Act 1996 (c. 52),

c

net proceeds of sale of property in respect of which a grant was made under section 21 of that Act,

d

net proceeds of sale of property in respect of which a grant was made under section 19 of this Act in respect of discounts given by a registered provider on disposals of dwellings to tenants,

e

grant received under section 20 or 21 of the 1996 Act,

f

grant received under section 19 of this Act in respect of discounts given by a registered provider on disposals of dwellings to tenants,

g

repayments of discount in respect of which grant was received under section 20 or 21 of the 1996 Act,

h

repayments of discount in respect of which grant was received under section 19 of this Act in respect of discounts given by a registered provider on disposals of dwellings to tenants,

i

other proceeds of sale specified by the regulator, and

j

other grants specified by the regulator.

3

The regulator shall determine amounts to be deducted in determining net proceeds of sale.

4

The method of constituting the disposal proceeds fund and showing it in the accounts shall be in accordance with a direction of the regulator.

5

Subsections (5) to (7) of section 127 apply to a direction under this section as to a direction under that section.

6

Sections 141 and 142 apply in relation to a direction under this section as in relation to a direction under section 127.

7

Interest shall be added to the fund in accordance with a determination made by the regulator.

8

Where this section applies in relation to the proceeds of sale arising on a disposal, section 32 above, section 27 of the Housing Act 1996 (c. 52) and section 52 of the Housing Act 1988 (c. 50) do not apply.

178Use of proceeds

1

Sums in a registered provider's disposal proceeds fund may be used or allocated only in accordance with a direction by the regulator.

2

The regulator may give a direction only with the Secretary of State's approval.

3

If at the end of a period specified by the regulator the disposal proceeds fund includes sums which have not been allocated in accordance with subsection (1), the regulator may require the registered provider to pay the sums to the HCA.

Tenants' rights and duties

179Application of Housing Act 1996

b

a person who provided the dwelling wholly or partly by means of a grant under section 27A of the Housing Act 1996 (c. 52).

when the grant was made the recipient was notified under section 16(4) of that Act that the dwelling was to be regarded as funded by means of such a grant.

“Permitted purposes” are purposes for which the grant was made and any other purposes agreed by the Housing Corporation or the HCA.

6

Where a lease of a dwelling has been granted to a former freeholder in pursuance of paragraph 3 of Schedule 9 to the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) (mandatory leaseback to former freeholder on collective enfranchisement) the reference in subsection (1)(a) above to the freeholder shall be construed as a reference to the leaseholder under that lease.

183Interpretation: other expressions

1

The definitions in this section apply to sections 180 to 182.

2

The HCA gives “assistance” to a person if it—

a

transfers housing or other land to the person,

b

provides infrastructure to the person, or

c

gives financial assistance to the person,

and for this purpose “infrastructure” has the same meaning as in Part 1.

3

References to a “registered social landlord” are to a body which, at the time to which the reference relates, was a registered social landlord within the meaning of Part 1 of the Housing Act 1996 (c. 52) as it then had effect.

4

“Leaseholder” does not include a mortgagee.

5

“Long tenancy” has the same meaning as in Part V of the Housing Act 1985 (c. 68).

6

A person provides a dwelling if the person—

a

acquires, constructs, converts, improves or repairs housing or other land for use as a dwelling, or

b

ensures such acquisition, construction, conversion, improvement or repair by another.

7

“Public sector landlord” means anyone falling within section 80(1) of the Housing Act 1985.

184Right to acquire: supplemental

1

Section 17 of the Housing Act 1996 (right to acquire: supplemental) applies in relation to the right to acquire under section 180 of this Act with the modifications set out below.

2

The modifications are as follows—

a

references to the right to acquire under section 16 of the 1996 Act shall be treated as references to the right to acquire under section 180 of this Act,

b

references to the Welsh Ministers shall be treated as references to the Secretary of State,

c

the reference to registered social landlords shall be treated as a reference to registered providers, and

d

the reference to a resolution of the National Assembly for Wales shall be treated as a reference to a resolution of either House of Parliament.

185Right to acquire: consequential amendments

1

In section 16 of the Housing Act 1996 (right to acquire)—

a

for subsection (1) substitute—

1
The tenant of a dwelling in Wales has a right to acquire the dwelling if—
a
the landlord is a registered social landlord or a registered provider of social housing,
b
the tenancy is—
i
an assured tenancy, other than an assured shorthold tenancy or a long tenancy, or
ii
a secure tenancy,
c
the dwelling was provided with public money and has remained in the social rented sector, and
d
the tenant satisfies any further qualifying conditions applicable under Part V of the Housing Act 1985 (the right to buy) as it applies in relation to the right conferred by this section.

ii

for “landlord's” substitute “ landlord or provider (as the case may be) ”, and

c

in subsection (4) after “landlord” insert “ or registered provider of social housing ”.

Miscellaneous

186Former registered providers

Where a person ceases to be a registered provider, sections 171 to 175 continue to apply in respect of any property owned by the person at any time when it was registered.

187Change of use, etc.

1

Where the regulator's consent is required for the disposal of a dwelling by a registered provider, sections 172 to 175 continue to apply in relation to a disposal of the land by the registered provider even if the land has ceased to be a dwelling.

2

Sections 172 to 175 also apply in relation to a disposal of land by a registered provider which would fall within Exception 2 or 3 of section 173 but for a change of use of the land by the registered provider.

188Trustees

Section 39 of the Settled Land Act 1925 (c. 18) (disposal by trustees: best price etc.) shall not apply to the disposal of land by a registered provider.

189Charities

Nothing in this Chapter authorises a charity to effect a disposal which it would not otherwise have power to effect.

Consents under other legislation

190Consent to disposals under other legislation

The Secretary of State's functions under the following provisions are transferred to the regulator in so far as they relate to disposals by registered providers—

a

section 171D of the Housing Act 1985 (c. 68) (consent to certain disposals of housing subject to the preserved right to buy),

b

sections 81 and 133 of the Housing Act 1988 (c. 50) (consent to certain disposals of housing obtained from housing action trusts or local authorities), and

c

section 173 of the Local Government and Housing Act 1989 (c. 42) (consent to certain disposals of housing obtained from new town corporations).

191Section 190: consequential amendments

1

In section 171D of the Housing Act 1985 (consent to certain disposals of housing obtained subject to the preserved right to buy)—

a

in subsection (2) (consent) for “Secretary of State” substitute “ appropriate authority ”, and

b

after that subsection insert—

2A
“The appropriate authority” means—
a
in relation to a disposal of land in England by a registered provider of social housing, the Regulator of Social Housing,
b
in relation to any other disposal of land in England, the Secretary of State, and
c
in relation to a disposal of land in Wales, the Welsh Ministers.

2

In section 81 of the Housing Act 1988 (consent to certain disposals of housing obtained from housing action trusts)—

a

in subsection (3) (consent) for “Secretary of State” substitute “ appropriate authority ”,

b

after that subsection insert—

3A
In this section “the appropriate authority” means—
a
in relation to a disposal of land in England by a registered provider of social housing, the Regulator of Social Housing,
b
in relation to any other disposal of land in England, the Secretary of State, and
c
in relation to a disposal of land in Wales, the Welsh Ministers.

c

in subsection (5) (consultation of tenants) for “Secretary of State” substitute “ appropriate authority ”,

d

in subsection (5)(a) for “himself” substitute “ itself ”, and

e

omit subsection (6) (consultation of Housing Corporation).

3

In section 133 of that Act (consent to certain disposals of housing obtained from local authorities)—

a

in subsection (1) (consent) for “Secretary of State” substitute “ appropriate authority ”,

b

after that subsection insert—

1ZA
In this section “the appropriate authority” means—
a
in relation to a disposal of land in England by a registered provider of social housing, the Regulator of Social Housing,
b
in relation to any other disposal of land in England, the Secretary of State, and
c
in relation to a disposal of land in Wales, the Welsh Ministers.

c

after subsection (1A) insert—

1B
This section does not apply to a disposal of land by a registered provider of social housing unless the land is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008.

d

in subsection (3)(c) (modification of certain provisions applied for the purposes of section 133) after “this section,” insert “ any reference to the appropriate national body shall be construed as a reference to the appropriate authority and ”,

e

in subsection (5) (consultation of tenants) for “Secretary of State” substitute “ appropriate authority ”,

f

in subsection (5)(a) for “himself” substitute “ itself ”, and

g

omit subsection (6) (consultation of Housing Corporation).

4

In section 173 of the Local Government and Housing Act 1989 (c. 42) (consent to certain disposals of housing obtained from new town corporations)—

a

in subsection (1)(a) (consent) for “Secretary of State” substitute “ appropriate authority ”,

b

after subsection (1) insert—

1A
In this section “the appropriate authority” means—
a
in relation to a disposal of land in England by a registered provider of social housing, the Regulator of Social Housing,
b
in relation to any other disposal of land in England, the Secretary of State, and
c
in relation to a disposal of land in Wales, the Welsh Ministers.

c

in subsection (5) (consultation of tenants) for “Secretary of State” substitute “ appropriate authority ”,

d

in subsection (5)(a) for “himself” substitute “ itself ”, and

e

omit subsection (6) (consultation of Housing Corporation).

Chapter 6Regulatory powers

192I71Overview

This Chapter—

a

allows the regulator to set standards for the provision of social housing (sections 193 to 198),

b

gives the regulator powers to monitor compliance (sections 199 to 210),

c

gives the regulator a degree of control over the governance of non-profit registered providers (sections 211 to 214),

d

requires the regulator to give guidance about complaints relating to registered providers and about the use of its powers under this Chapter and Chapter 7 (sections 215 and 216), and

e

allows the regulator to arrange for the accreditation of managers of social housing (section 217).

Standards

193I72Provision of social housing

1

The regulator may set standards for registered providers as to the nature, extent and quality of accommodation, facilities or services provided by them in connection with social housing.

2

Standards under subsection (1) may, in particular, require registered providers to comply with specified rules about—

a

criteria for allocating accommodation,

b

terms of tenancies,

c

levels of rent (and the rules may, in particular, include provision for minimum or maximum levels of rent or levels of increase or decrease of rent),

d

maintenance,

e

procedures for addressing complaints by tenants against landlords,

f

methods for consulting and informing tenants,

g

methods of enabling tenants to influence or control the management of their accommodation and environment,

h

policies and procedures required by section 218A of the Housing Act 1996 (c. 52) in connection with anti-social behaviour,

i

landlords' contribution to the environmental, social and economic well-being of the areas in which their property is situated, and

j

estate management.

3

In setting standards the regulator shall have regard to the desirability of registered providers being free to choose how to provide services and conduct business.

194I73Management

1

The regulator may set standards for registered providers in matters relating to the management of their financial and other affairs.

2

In respect of profit-making registered providers, standards may be made in relation to the management of their affairs only so far as relating to the provision of social housing.

3

In setting standards the regulator shall have regard to the desirability of registered providers being free to choose how to provide services and conduct business.

195I74Code of practice

1

The regulator may issue a code of practice which—

a

relates to a matter addressed by a standard, and

b

amplifies the standard.

2

In considering whether standards have been met the regulator may have regard to a code of practice.

3

The regulator may revise or withdraw a code of practice.

4

The regulator shall make arrangements for bringing a code of practice to the attention of registered providers.

196I75Consultation

1

Before setting standards, or issuing, revising or withdrawing a code of practice, the regulator shall consult the following or ensure that they have been consulted—

a

one or more bodies appearing to it to represent the interests of registered providers,

b

one or more bodies appearing to it to represent the interests of secured creditors of registered providers,

c

one or more bodies appearing to it to represent the interests of tenants of social housing,

d

the Audit Commission for Local Authorities and the National Health Service in England,

e

one or more bodies appearing to it to represent the interests of local housing authorities,

f

the HCA, and

g

the Secretary of State.

2

Before setting a standard which would apply to charities, or issuing, revising or withdrawing a code of practice which applies or would apply to charities, the regulator must consult the Charity Commission.

1

Failure to meet a standard is a ground for exercising a power in this Chapter or Chapter 7.

2I77

The regulator shall make arrangements for bringing standards to the attention of registered providers.

3I77

The regulator may revise or withdraw standards; and section 196 applies to revising or withdrawing standards as to setting standards.

4I77

Standards may be expressed by reference to documents prepared by others.

5I77

Standards—

a

may make provision generally or only in relation to specified cases, circumstances or areas, and

b

may make different provision for different cases, circumstances or areas.

Monitoring

199Survey

1

This section applies where the regulator suspects that a registered provider may be failing to maintain premises in accordance with standards under section 193.

2

The regulator may arrange for a survey of the condition of the premises by an authorised person.

3

In subsection (2) “authorised person” means a member of the regulator's staff, or another person, authorised in writing by the regulator for the purposes of this section.

4

An authorised person may enter the premises at any reasonable time and carry out the survey.

5

Before carrying out the survey an authorised person must give the registered provider at least 28 days' notice.

6

A registered provider who receives notice of a survey must give each occupier of the premises at least 7 days' notice.

7

After carrying out a survey an authorised person must produce a written report.

8

The regulator must give the registered provider a copy of the report.

200Survey: supplemental

1

An authorised person carrying out a survey, or seeking to enter premises in order to carry out a survey, must produce a copy of the authorisation on request by an occupier.

2

The regulator may require the registered provider to pay some or all of the costs of the survey and report.

3

A registered provider who fails without reasonable excuse to comply with section 199(6) commits an offence.

4

A registered provider, or an officer of a registered provider, who obstructs an authorised person in exercising a power under section 199 commits an offence.

5

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

6

Proceedings for an offence under this section may be brought only by or with the consent of—

a

the regulator, or

b

the Director of Public Prosecutions.

201Inspections

1

The regulator may arrange for a person to inspect—

a

a registered provider's performance of its functions in relation to the provision of social housing, or

b

the financial or other affairs of a registered provider.

2

The person must not be a member of the regulator's staff.

3

If the purpose (or main purpose) of an inspection is to assess a registered provider's performance by reference to standards under section 193 the regulator—

a

shall invite the Audit Commission to carry out the inspection, and

b

may arrange for another person to carry out the inspection only if the Audit Commission declines.

4

The regulator may direct a person carrying out an inspection to discontinue it.

5

An inspection may be general or specific.

6

The regulator shall reimburse costs incurred by the Audit Commission in carrying out an inspection.

7

If the regulator arranges for a person other than the Audit Commission to carry out an inspection the arrangements may include provision about payments.

8

In this section and sections 202 and 203 “the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England.

one or more bodies appearing to the regulator to represent the interests of registered providers, and

c

the Audit Commission.

a person authorised in writing by the regulator to exercise the powers under this section for the purpose of any other inspection under that section.

204Performance information

1

The regulator may require a registered provider—

a

to prepare an annual report assessing the provider's performance by reference to standards under section 193 or 194, and

b

to send the report to the regulator within a specified period.

2

b

have not been members or employees of the regulator within the previous five years.

5

“Consultant” means an individual providing services to the regulator otherwise than by virtue of employment with the regulator or an appointment under this section.

207Inquiry: supplemental

1

The individual or individuals conducting an inquiry (“the inquirer”) shall determine its procedure.

2

The inquirer may consider the affairs of a profit-making registered provider only so far as relating to social housing.

3

The inquirer may consider affairs of a body which at the material time was a subsidiary or associate of the registered provider.

4

The inquirer may make interim reports.

5

The inquirer shall make a final report on matters specified by the regulator.

6

The regulator may arrange for the publication of all or part of an interim or final report.

7

A local authority may contribute to the regulator's expenses in connection with an inquiry.

208Inquiry: evidence

1

4

The revenue accounts of a registered charity may be audited under this section only insofar as they relate to its housing activities.

5

The registered provider shall pay the costs of the audit (including the auditor's remuneration).

Management and constitution

211Non-profit providers only

This group of sections applies only to non-profit registered providers.

212Industrial and provident society: change of rules

1

This section applies to an industrial and provident society.

2I79

An amendment of the society's rules requires consent if it—

a

alters the society's objects,

b

makes provision about the distribution of assets to members, or

c

enables the society to become, or cease to be, a subsidiary or associate of another body.

3

An amendment of the rules which requires consent is effective only if the regulator has first consented.

4

The regulator may not consent to an amendment which it thinks would turn the society into a profit-making organisation.

5

The society must notify the regulator of an amendment of the rules which does not require consent.

6

In relation to an amendment which requires consent the requirement in section 10(1) of the Industrial and Provident Societies Act 1965 (c. 12) (sending copies of amendment of rules to FSA) is satisfied only if the copies are accompanied by a copy of the regulator's consent.

7

The preceding provisions of this section shall be treated as if they formed part of that Act as well as of this Act.

8I79

The Secretary of State may by order amend the list in subsection (2).

213Charity: change of objects

1

This section applies to a registered charity which is not a registered company.

2

An amendment of the charity's objects is effective only if the Charity Commission has first consented.

3

Before giving consent the Charity Commission must consult the regulator.

214Companies: change of articles

d

the Audit Commission for Local Authorities and the National Health Service in England, and

e

the HCA.

Chapter 7Enforcement powers

General

218Exercise of enforcement powers

1

This section applies where the regulator is deciding—

a

whether to exercise a power under this Chapter,

b

which power under this Chapter to exercise, or

c

how to exercise a power under this Chapter.

2

The regulator shall consider—

a

the desirability of registered providers being free to choose how to provide services and conduct business;

b

whether the failure or other problem concerned is serious or trivial;

c

whether the failure or other problem is a recurrent or isolated incident;

d

the speed with which the failure or other problem needs to be addressed.

Enforcement notice

219Overview

This group of sections allows the regulator to require a registered provider to take specified action to resolve a specified failure or other problem.

the regulator may give an enforcement notice to the other person, and

c

this Chapter applies with the substitution of references to that other person for references to the registered provider.

221Content

1

An enforcement notice must—

a

specify the grounds on which it is given,

b

specify the action the regulator wants the registered provider to take in response to the notice,

c

specify when the action is to be taken (which may be immediately on receipt of the notice), and

d

explain the effect of sections 223 to 225.

2

The action specified in an enforcement notice may include publishing the notice in a specified manner.

222Notifying HCA

If the regulator gives an enforcement notice it must send a copy to the HCA.

223Appeal

A registered provider who is given an enforcement notice may appeal to the High Court.

224Withdrawal

The regulator may withdraw an enforcement notice by notice to the registered provider.

225Sanction

1

If a registered provider does not comply with an enforcement notice the regulator shall consider exercising another power under Chapter 6 or this Chapter.

2

In the case of an enforcement notice given to a person other than the registered provider by virtue of section 220(12), the regulator may only—

a

exercise the power to issue a penalty notice to the person in accordance with the next group of sections, or

b

take steps to have the person prosecuted for the offence by reference to which the enforcement notice was given.

3

A person to whom an enforcement notice is given on the ground in Case 9 of section 220 may not be prosecuted for the offence by reference to which the enforcement notice was given unless the person fails to comply with the enforcement notice.

Penalty

226Overview

This group of sections allows the regulator to penalise failures on the part of registered providers by the imposition of fines.

227Grounds for imposition

1

The regulator may require a registered provider to pay a penalty if the regulator is satisfied that—

a

any of the following cases applies, and

b

the imposition of a penalty is appropriate (whether or not as part of a response including other action).

2

Case 1 is where the registered provider has failed to meet a standard under section 193 or 194.

3

Case 2 is where the affairs of the registered provider have been mismanaged.

4

Case 3 is where the registered provider has failed to comply with an enforcement notice.

5

Case 4 is where the registered provider has given an undertaking under section 125 and failed to comply with it.

6

Case 5 is where the registered provider has failed to pay an annual fee under section 117(2).

7

Case 6 is where an offence under this Part has been committed by the registered provider.

8

a

Case 6 applies,

b

the regulator may require the other person to pay a penalty, and

c

this Chapter applies with the substitution of references to that other person for references to the registered provider.

9

In order to rely on Case 6 the regulator must be satisfied beyond reasonable doubt that it applies.

228Imposition

1

A penalty is imposed by the regulator giving notice (a “penalty notice”) to the registered provider.

2

The notice must specify—

a

the grounds on which the penalty is imposed,

b

the amount of the penalty,

c

how the penalty must be paid,

d

a period within which it must be paid, and

e

any interest or additional penalty which, by virtue of section 234(2), is payable in the event of late payment.

3

The notice may require the registered provider to publish information about the penalty in a specified manner.

4

The notice must explain the effect of sections 234(1), (3) and (6) and 235.

I4595

The Secretary of State—

a

shall make regulations about the period under subsection (2)(d),

b

may make other regulations about the form and content of a penalty notice, and

c

may make regulations about the manner in which a penalty notice is given.

229Amount

1

The amount of a penalty imposed on the ground specified in Case 6 of section 227 may not exceed the maximum amount of fine that a magistrates' court could impose for the relevant offence.

2

The amount of a penalty imposed on the ground specified in any other Case of that section may not exceed £5,000.

3

The Secretary of State may by order amend the amount specified in subsection (2).

indicate whether or to what extent the regulator would accept a voluntary undertaking instead of, or in mitigation of, a penalty.

5

A pre-penalty warning may be combined with notice under one or more of sections 242, 248, 250 and 252.

1

This section applies where the regulator receives money by way of penalty.

2

The regulator may deduct a sum which represents—

a

the direct costs to the regulator of imposing and enforcing the penalty, and

b

a reasonable share of expenditure by the regulator which is indirectly referable to the imposition and enforcement of the penalty.

3

Any excess shall be paid to the HCA, to be used for purposes which appear to it to amount to investment in social housing.

the imposition of the penalty,

b

its amount, or

c

both.

Compensation

236Overview

This group of sections allows the regulator to award compensation to a victim of a failure on the part of a registered provider.

237Grounds for award

1

The regulator may require a registered provider to pay compensation if the regulator is satisfied that—

a

either of the following cases applies, and

b

the award of compensation is appropriate (whether or not as part of a response including other action).

2

Case 1 is where the registered provider has failed to meet a standard under section 193 or 194.

3

Case 2 is where the registered provider has given an undertaking under section 125 and failed to comply with it.

238Nature

1

Compensation in respect of a failure may be awarded to one or more persons who have suffered as a result of the failure.

2

But an award may be made only to—

a

a specified tenant of social housing provided by the registered provider,

b

each member of a specified class of tenants of social housing provided by the registered provider, or

c

each member of the class of tenants of social housing provided by the registered provider.

239Housing ombudsman compensation

1

The regulator may not award compensation to a person in respect of a matter if an ombudsman appointed by virtue of section 124 has awarded compensation to the person in respect of the matter.

2

But if compensation awarded by an ombudsman by virtue of section 124 has not been paid as required, the regulator may award compensation.

may make regulations about the manner in which a compensation notice is given.

241Impact

1

This section applies when the regulator is considering—

a

whether to award compensation, or

b

the amount of compensation to award.

2

The regulator must take account of any information available to it about the financial situation of the registered provider.

3

The regulator must consider the likely impact of the compensation on the registered provider's ability to provide services.

4

In particular, the regulator must aim to avoid—

a

jeopardising the financial viability of the registered provider,

b

preventing the registered provider from honouring financial commitments, or

c

preventing the registered provider from taking action to remedy the matters on the grounds of which the compensation might be awarded.

refer to section 125 (voluntary undertaking), and

b

indicate whether or to what extent the regulator would accept a voluntary undertaking instead of, or in mitigation of, awarding compensation.

6

A pre-compensation warning may be combined with notice under one or more of sections 230, 248, 250 and 252.

243Representations

b

decide whether to award compensation.

both.

Management etc.

246Overview

This group of sections gives the regulator various powers in relation to the management and constitution of registered providers.

resources).

if the regulator thinks it appropriate, any relevant local housing authority.

8

If the regulator imposes a requirement it must send a copy to the HCA.

9

A registered provider may appeal to the High Court against a requirement under section 247(2).

any other power in relation to the registered provider's affairs required by the manager for the purposes specified in the requirement (including the power to enter into agreements and take other action on behalf of the registered provider).

if the regulator thinks it appropriate, any relevant local housing authority.

8

If the regulator imposes a requirement it must send a copy to the HCA.

9

A registered provider may appeal to the High Court against a requirement under section 249(2).

any power specified in the appointment or requirement, and

b

any other power in relation to the registered provider's affairs required by the manager for the purposes specified in the appointment or requirement (including the power to enter into agreements and take other action on behalf of the registered provider).

The regulator must notify the HCA of an appointment or requirement under section 251(2).

8

The regulator may require a manager to report to the regulator on the affairs specified in the appointment or requirement under section 251(3).

9

A registered provider may appeal to the High Court against an appointment or requirement under section 251(2).

I521253Transfer of land F24by private registered provider

1

This section applies if as a result of an inquiry under section 206 or an audit under section 210 the regulator is satisfied that—

a

the affairs of a F25private registered provider have been mismanaged in relation to social housing, or

b

a transfer of land by a F26private registered provider would be likely to improve the management of the land.

2

The regulator may require the registered provider to transfer specified land—

a

to the regulator, or

b

to another specified F27private registered provider.

3

A requirement may be imposed on a profit-making registered provider only in relation to its social housing and associated land.

4

For the purposes of subsection (3) land is associated with social housing if the regulator thinks that it is used in connection with the social housing or its management.

5

A requirement may not be imposed on a non-profit registered provider requiring it to transfer land to a profit-making registered provider.

6

A requirement may not be imposed on a registered charity.

7

A requirement may be imposed on a charity which is not registered (C1), but only for transfer to another charity (C2) whose objects the regulator thinks are similar to those of C1.

254Section 253: supplemental

1

A transfer under section 253 shall be on terms specified in, or determined in accordance with, the requirement.

2

b

pending registration shall be treated as registered and designated as a non-profit organisation.

Restrictions on dealings F7by non-profit registered providers

Annotations:

Amendments (Textual)

Words in cross-heading before s. 256 inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 72

may revoke the order before that time;

b

may by order extend it for a specified period of up to 6 months.

I503257Restrictions on dealings following inquiry

1

This section applies if as a result of an inquiry under section 206 or an audit under section 210 the regulator is satisfied that the affairs of a non-profit registered provider have been mismanaged.

2

The regulator may order a bank or other person who holds money or securities on behalf of the registered provider not to part with the money or securities without the regulator's consent.

3

The regulator may make an order restricting—

a

the transactions that may be entered into by the registered provider, or

b

the nature and amounts of payments that may be made by it.

4

An order under subsection (3) may in particular provide that transactions may not be entered into or payments made without the regulator's consent.

5

The regulator may make an order in respect of a registered provider that is a registered charity only if it has received public assistance.

6

An order under this section has effect until revoked by the regulator.

I504258Restrictions on dealings: supplemental

1

Before making an order under section 256 or 257 the regulator must take all reasonable steps to give notice to—

a

the registered provider, and

b

in the case of an order under section 256(4) or 257(2), the person to whom the order is directed.

2

Contravention of an order under section 256(4) or 257(2) is an offence.

3

A person guilty of an offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

4

Proceedings for an offence may be brought only by or with the consent of—

a

the regulator, or

b

the Director of Public Prosecutions.

Suspension and removal of officers F8of non-profit registered providers

Annotations:

Amendments (Textual)

Words in cross-heading before s. 259 inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 73

I505259Suspension during inquiry

1

The regulator may make an order under this section if—

a

an inquiry under section 206 is in progress in respect of a non-profit registered provider, and

b

either of the following cases applies.

2

Case 1 applies if the regulator has reasonable grounds for believing—

a

that the affairs of the registered provider have been mismanaged, and

b

that the interests of tenants of the registered provider, or its assets, require protection.

3

Case 2 applies if as a result of an inquirer's interim report under section 207 the regulator is satisfied that the affairs of the registered provider have been mismanaged.

4

The regulator may by order suspend any officer, employee or agent of the registered provider who it thinks has contributed to the failure or mismanagement.

5

The regulator may suspend an officer, employee or agent of a registered charity only if the charity has received public assistance.

6

An order ceases to have effect at the end of the period of 6 months beginning with the day on which the inquirer's final report under section 207 is made.

7

But the regulator may revoke an order before the end of that period.

8

The regulator shall notify the Charity Commission if it suspends an officer, employee or agent of a registered charity.

I506260Removal or suspension following inquiry

1

This section applies if as a result of an inquiry under section 206 or an audit under section 210 the regulator is satisfied that the affairs of a non-profit registered provider have been mismanaged.

2

The regulator may by order remove any officer, employee or agent of the registered provider who it thinks has contributed to the failure or mismanagement.

3

4

The regulator shall notify a person whose disqualification is waived.

5

If a disqualified person acts as an officer of a registered provider, the person's acts are not invalid by reason only of the disqualification.

I509263Register of disqualified persons

1

The regulator shall maintain a register of persons disqualified under section 262.

2

The register must show details of any waivers.

3

The regulator shall make the register available for inspection by the public.

I510264Acting while disqualified: offence

1

It is an offence for a person to act as an officer of a registered provider in respect of which the person is disqualified under section 262.

2

A person guilty of an offence is liable—

a

6

Case 5 applies to a person who is disqualified under section 72 of the Charities Act 1993 (c. 10) from being a charity trustee.

7

Case 6 applies to a person who is incapable of acting by reason of mental disorder.

8

Case 7 applies to a person who is impeding the proper management of the registered provider by reason of absence or failure to act.

I513267Section 266: supplemental

1

Before making an order under section 266 in respect of an officer the regulator must take all reasonable steps to give at least 14 days' notice to—

a

the officer, and

b

the registered provider.

2

An order may be made in respect of an officer of a registered charity only if the charity has received public assistance.

I514268Appeal against removal or suspension

A person removed or suspended under section 259, 260 or 266 may appeal to the High Court.

the regulator has consulted the Charity Commission.

Chapter 8General

Interpretation

270Officer

The Table gives the meaning of “officer” in relation to registered providers.

Registered provider	Meaning of “officer”
Registered charity which is not a registered company	Trustee, secretary or treasurer
Industrial and provident society	“Officer” within the meaning given by section 74 of the Industrial and Provident Societies Act 1965 (including a person co-opted to serve on the society's committee)
Registered company	“Officer” within the meaning given by section 1173 of the Companies Act 2006

271Subsidiary and associate

1

A company is a “subsidiary” of a person if any of the following conditions is satisfied.

2

Condition 1 is that the person—

a

is a member of the company, and

b

2

Granting an option to require a disposal shall be treated as making a disposal.

274Charities that have “received public assistance”

1

For the purposes of this Part a registered charity has received public assistance if at least one of the following conditions is satisfied.

2

Condition 1 is that the charity has received financial assistance from the HCA under section 19.

3

Condition 2 is that the charity has received financial assistance under section 24 of the Local Government Act 1988 (c. 9) (assistance for privately let housing accommodation).

4

Condition 3 is that the charity has had housing transferred to it pursuant to—

a

a large scale disposal, within the meaning of section 34 of the Housing Act 1985 (c. 68), for which consent was required under section 32 or 43 of that Act, or

b

a qualifying disposal that was made under section 135 of the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28).

5

Condition 4 is that the charity has received a grant or loan under—

a

section 18 of the Housing Act 1996 (c. 52) (social housing grants),

b

section 22 of that Act (assistance from local authorities),

c

section 58 of the Housing Associations Act 1985 (c. 69) (grants or loans by local authorities),

d

section 50 of the Housing Act 1988 (c. 50), section 41 of the Housing Associations Act 1985 or any enactment replaced by that section (housing association grant),

e

section 51 of the Housing Act 1988 (c. 50) or section 54 or 55 of the Housing Associations Act 1985 (c. 69) (revenue deficit grant or hostel deficit grant),

f

section 79 of the Housing Associations Act 1985 (loans by Housing Corporation),

g

section 31 of the Housing Act 1974 (c. 44) (management grants), or

h

any enactment mentioned in paragraph 2 or 3 of Schedule 1 to the Housing Associations Act 1985 (pre-1974 grants and certain loans).

275I83General

In this Part, except where the context requires otherwise—

“action” includes inaction, proposed action and decision,
“assured agricultural occupancy” has the same meaning as in Part 1 of the Housing Act 1988,
“assured tenancy” has the same meaning as in that Part,
“the Charity Commission” means the Charity Commission for England and Wales,
“committee”, in relation to an industrial and provident society, means the committee of management or other directing body of the society (including any person co-opted to serve on the committee, whether a member of the society or not),
“consent” means written consent,
“constitution” includes rules,
“conveyance” includes grant, assignment and any other instrument,
“district valuer” has the meaning given by section 622 of the Housing Act 1985 (c. 68),
“dwelling”—
1. a
  means a house, flat or other building or part of a building occupied or intended to be occupied as a separate dwelling, and
2. b
  includes any garden, yard, outhouse or other appurtenance belonging to, or usually enjoyed with, the dwelling,
“the HCA” means the Homes and Communities Agency,
“industrial and provident society” means a society registered under the Industrial and Provident Societies Act 1965 (c. 12),
“local authority” has the same meaning as in the Housing Associations Act 1985,
“local housing authority” has the same meaning as in the Housing Act 1985,
“maintenance” includes repair,
“mismanagement”, in relation to the affairs of a registered provider, means—
1. a
  managed in contravention of a provision of this Part or of anything done under this Part, or
2. b
  otherwise conducted improperly or inappropriately,
“non-registrable charity” means a charity which is not required to be registered, in accordance with section 3A of the Charities Act 1993 (c. 10),
“notice” means written notice (and to “notify” means to give written notice),
“preferential creditor” and “preferential debt” have the same meaning as in the Insolvency Act 1986 (c. 45),
“price” includes premium,
“registered charity” means a charity registered under the Charities Act 1993 (c. 10),
“registered company” means a company within the meaning of the Companies Act 2006 (c. 46),
“rent” includes payments under a licence to occupy accommodation,
“representations” means written representations,
“secure tenancy” has the same meaning as in Part 4 of the Housing Act 1985 (c. 68),
“secured creditor” means a creditor who holds a mortgage or charge (including a floating charge) over—
1. a
  land held by a registered provider, or
2. b
  a present or future interest of a registered provider in rents or other receipts from land,
“tenant” in relation to social housing includes other occupiers, and
“working day” means a day other than—
1. a
  a Saturday or Sunday,
2. b
  Christmas Day or Good Friday, or
3. c
  a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 (c. 80).

276I84Index of defined terms

The Table lists expressions defined in this Part.

Expression	Section
Appointed member	Section 82
Associate	Section 271
Assured agricultural occupancy	Section 275
Assured tenancy	Section 275
Charity Commission	Section 275
Committee (industrial and provident society)	Section 275
Compensation notice	Section 240
Consent	Section 275
Constitution	Section 275
Conveyance	Section 275
Disposal	Section 273
District valuer	Section 275
Dwelling	Section 275
Enforcement notice	Sections 219 to 225
Equity percentage arrangements	Section 70(5)
Family	Section 272
Financial year	Section 104
Fundamental objectives	Section 86
The HCA	Section 275
Industrial and provident society	Section 275
Local authority	Section 275
Local housing authority	Section 275
Low cost home ownership accommodation	Section 70
Low cost rental accommodation	Section 69
Maintenance	Section 275
Mismanagement	Section 275
Non-profit organisation	Section 115
Non-registrable charity	Section 275
Notice	Section 275
Officer	Section 270
Penalty notice	Section 228
Pre-compensation warning	Section 242
Pre-penalty warning	Section 230
Preferential creditor	Section 275
Preferential debt	Section 275
Price	Section 275
Profit-making organisation	Section 115
Provider (of social housing)	Section 80
Received public assistance (charities)	Section 274
Registered charity	Section 275
Registered company	Section 275
Registered provider (of social housing)	Section 80
The regulator	Section 81
The Regulator of Social Housing	Section 81
Rent	Section 275
Representations	Section 275
Secure tenancy	Section 275
Secured creditor	Section 275
Shared ownership arrangements	Section 70(4)
Shared ownership trust	Section 70(6)
Social housing	Section 68
Subsidiary	Section 271
Tenant	Section 275
Working day	Section 275

Miscellaneous

I85 I341 I466277Consequential amendments

Schedule 9 (which contains amendments of enactments) has effect.

278Transitional

1

The regulator shall include in the register under section 111 on its establishment anyone—

a

who was registered under section 1 of the Housing Act 1996 (c. 52) (register of social landlords) immediately before section 61 came into force, and

b

in relation to whom the Relevant Authority was the Housing Corporation (in accordance with section 56 of that Act).

2

A person registered under this section shall be designated as a non-profit organisation.

278AF3Power to nominate for consultation purposes

1

The Secretary of State may for the purposes of the following provisions of this Part nominate a body appearing to the Secretary of State to represent the interests of tenants of social housing in England—

a

section 112(4);

b

section 174(5);

c

section 196(1);

d

section 197(4);

e

section 216.

2

The Secretary of State must notify the regulator of any nomination (or withdrawal of any nomination) under this section.

Part 3Other provisions

Chapter 1Sustainability certificates

General

279Certificates for new homes

1

A person who is selling a residential property as a new property must supply the purchaser with—

a

a sustainability certificate, or

b

a written statement to the effect that there is no sustainability certificate for the property.

2

If the seller is to supply a sustainability certificate, the seller must supply it before the sale is agreed if it is reasonably practicable to do so.

3

If it is not reasonably practicable to do so, the seller must—

a

supply an interim certificate before the sale is agreed, and

b

supply the sustainability certificate at such time, or within such period, as may be prescribed.

4

If the seller is to supply a statement, the seller must supply it before the sale is agreed.

5

The appropriate national authority may by regulations require sellers to supply certificates or statements to purchasers earlier than required by subsection (2), (3)(a) or (4).

6

The appropriate national authority may by regulations provide for exceptions from any duty imposed by virtue of subsections (1) to (5) in such cases and circumstances, and to such extent, as may be specified in the regulations.

7

Regulations under subsection (6) may impose alternative duties in relation to the supply of certificates or statements.

8

The seller is not required to comply with a requirement imposed by virtue of this section if the seller has a reasonable excuse for not complying with the requirement.

9

The seller may not charge for supplying a certificate or statement by virtue of this section.

10

The power conferred by subsection (3)(b) may, in particular, be exercised so as to prescribe a time, or a period which ends, after the completion of the sale.

11

In this Chapter—

“interim certificate” means a document which—
1. a
  contains an interim assessment of the sustainability of a residential property, and
2. b
  complies with the requirements of regulations under this Chapter,
“sustainability certificate” means a document which—
1. a
  contains a final assessment of the sustainability of a residential property, and
2. b
  complies with the requirements of regulations under this Chapter.

280Meaning of sustainability

1

For the purposes of this Chapter the sustainability of a residential property relates to the extent to which—

a

the materials used in the property,

b

other aspects of the design and construction of the property, and

c

any services, fittings and equipment provided in, or in connection with, the property,

meet any sustainability standards.

2

Sustainability standards are standards prescribed by the appropriate national authority for any of the following purposes—

a

ensuring the health, safety, welfare and convenience of persons in or about the property and of others who may be affected by the property or matters connected with it,

b

furthering the efficient management of the property and of its construction,

c

furthering energy efficiency,

d

furthering the efficient use of water and minimising flood risk,

e

furthering efficient waste management,

f

furthering the protection or enhancement of the environment, and

g

furthering the prevention or detection of crime.

3

The appropriate national authority may by regulations amend subsection (2) so as to add, remove or alter purposes for the time being contained there.

4

The references in this section to the construction of the property include references to any related demolition and any off-site activities relating to the construction or demolition.

281Authorised assessors

1

The assessment of the sustainability of a residential property is to be carried out for the purposes of this Chapter by an authorised assessor.

2

The appropriate national authority may by regulations make provision about authorised assessors.

3

The regulations must specify the persons or descriptions of persons who are to be authorised assessors.

4

Subsections (5) to (9) apply if regulations under subsection (2) provide for authorised assessors to be persons accredited under an approved accreditation scheme.

5

The regulations may make provision about accreditation schemes.

6

The regulations may, in particular, provide for—

a

the approval by the appropriate national authority of one or more accreditation schemes (whether established by the appropriate national authority or another person),

b

the withdrawal by the appropriate national authority of any such approval,

c

the charging of fees under accreditation schemes.

7

Any regulations of the kind mentioned in subsection (6)(a) must require the appropriate national authority to be satisfied, before approving an accreditation scheme, that the scheme contains appropriate provision—

a

for ensuring that members of the scheme are fit and proper persons who are qualified (by their education, training and experience) to carry out assessments,

b

for ensuring that a code of conduct for members of the scheme is maintained and published,

c

for ensuring that members of the scheme have in force suitable indemnity insurance,

d

for facilitating the resolution of complaints against members of the scheme,

e

for requiring certificates or other documents given by members of the scheme to be entered on a register under section 282,

f

for the keeping of a public register of the members of the scheme, and

g

for such other purposes as may be specified in the regulations.

8

Subsection (7) does not limit the matters which the regulations may require the appropriate national authority to be satisfied about before approving an accreditation scheme.

9

Regulations under subsection (5) may, in particular, require or authorise an approved accreditation scheme to contain provision about any matter relating to sustainability certificates or other documents with which the scheme is concerned (including the terms on which members of the scheme may undertake to produce such documents).

282Register of certificates

1

The appropriate national authority may by regulations make provision about a register of sustainability certificates.

2

The regulations may, in particular, make provision of the kind mentioned in subsections (3) to (7).

3

The regulations may provide for a register to be kept—

a

by (or on behalf of) the appropriate national authority, or

b

by such other person as the regulations may specify or describe.

4

The regulations may require a person wishing to enter a document onto a register to pay such fee as may be prescribed.

5

No person may disclose—

a

a register or any document (or part of a document) contained in it, or

b

any information contained in, or derived from, a register,

except in accordance with any provision of the regulations which authorises or requires such a disclosure to be made.

6

The regulations may make provision as to circumstances in which, or purposes for which, a person or a person of a prescribed description—

a

may (on payment of such fee, if any, as may be prescribed)—

i

inspect a register or any document (or part of a document) contained in it,

ii

take or be given copies of a register or any document (or part of a document) contained in it, or

iii

be given information contained in, or derived from, a register, or

b

may disclose anything obtained by virtue of provision made under paragraph (a).

7

The purposes which may be so prescribed may be public purposes or purposes of private undertakings or other persons.

8

A person who contravenes subsection (5) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

9

The appropriate national authority may by regulations provide for interim certificates or other documents to be included on a register.

10

In such a case, subsections (1) to (8) apply in relation to the interim certificates or other documents concerned as they apply in relation to sustainability certificates.

Enforcement

283Enforcement authorities

1

Every local weights and measures authority is an enforcement authority for the purposes of this Chapter.

2

It is the duty of each enforcement authority to enforce in its area the duties imposed by virtue of section 279.

284Power to require production of certificates or statements

1

Subsection (2) applies if an authorised officer of an enforcement authority believes that a person is, or has been, subject to a duty imposed by virtue of section 279 to supply a certificate or statement in relation to a particular property.

2

The officer may require the person to produce for inspection a copy of the certificate or statement.

3

The power conferred by subsection (2) includes power—

a register under section 282, or

b

accreditation schemes or any other provision which may be made by regulations under this Chapter.

2

A grant under this section may be made on conditions, which may include (among other things)—

a

conditions as to the purposes for which the grant or any part of it may be used, and

b

conditions requiring the repayment (with or without interest) of the grant or any part of it in such circumstances as may be specified in the conditions.

288Suspension of duties

1

The appropriate national authority may by regulations suspend (or later revive) the operation of any duty imposed by virtue of section 279.

2

Such regulations may provide for the suspension of a duty to take effect only for a period specified in the regulations.

3

A duty which is (or is to any extent) revived after being suspended may be suspended again.

289Disclosure of certificates etc.

1

The appropriate national authority may by regulations make provision about the disclosure of—

a

sustainability certificates, interim certificates or statements of the kind mentioned in section 279(1)(b),

b

copies of any such documents,

c

any information contained in, or derived from, any such documents or copies, or

d

any information collected by an authorised assessor for the purposes of preparing a sustainability certificate or an interim certificate.

2

A person who, without reasonable excuse, discloses anything whose disclosure is prohibited by regulations under subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

290General powers to make regulations

1

The appropriate national authority may by regulations make such provision as the authority considers appropriate—

a

for the general purposes, or any particular purpose, of this Chapter,

b

in consequence of any provision made by virtue of this Chapter or for giving full effect to it.

2

Such regulations may, in particular, provide for—

a

the form and content of sustainability certificates and interim certificates,

b

the form and content of written statements of the kind mentioned in section 279(1)(b),

c

ways in which sustainability standards may be met,

d

the issue of guidance for the purposes of this Chapter,

e

the relationship between any provision made by virtue of this Chapter and any provision F4... in relation to energy performance certificates.

3

Regulations made by virtue of subsection (2)(a) or (b) may, in particular, provide for the form or content of the documents concerned to be such as may be approved by the appropriate national authority.

4

In subsection (2)(e) “energy performance certificate” has the same meaning as in the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 (S.I. 2007/991) (see regulation 2(1)) or any corresponding subsequent regulations.

291Powers to extend Chapter

1

The appropriate national authority may by regulations provide for this Chapter to apply, with or without prescribed modifications, to—

a

buildings which are not residential properties, or

b

prescribed descriptions of buildings falling within paragraph (a),

as it applies to residential properties.

2

The appropriate national authority may by regulations provide for this Chapter to apply, with or without prescribed modifications, to—

a

newly converted residential properties,

b

newly converted buildings which are not residential properties, or

c

b

may, in particular, ensure that descriptions of persons who are taking steps with a view to deciding whether to purchase residential properties are included within the definition.

292Chapter 1: interpretation etc.

1

In this Chapter—

“ancillary land”, in relation to a building, means any land intended to be occupied and enjoyed together with the building,
“appropriate national authority” means—
1. a
  in relation to England, the Secretary of State, and
2. b
  in relation to Wales, the Welsh Ministers,
“building” includes part of a building,
“modifications” includes omissions,
“prescribed” means prescribed by regulations made by the appropriate national authority,
“purchase”, in relation to a residential property, means acquire, or agree to acquire, by way of purchase a relevant interest in the property,
“purchaser”, in relation to a residential property, means a person who has—
1. a
  made an offer to purchase it, or
2. b
  purchased it,
“relevant interest”, in relation to a residential property, means—
1. a
  the freehold interest in the property,
2. b
  such leasehold interests as may be prescribed, or
3. c
  an option to acquire the freehold interest or any such prescribed leasehold interest,
“residential property” means a building which is, or is intended to be, occupied as a separate dwelling (including one that is being designed or constructed or is to be constructed) and includes any ancillary land, but it does not include a newly converted residential property,
“sell”, in relation to a residential property, means—
1. a
  dispose, or agree to dispose, by way of sale of a relevant interest in the property, or
2. b
  offer such an interest for sale,
“sustainability”, in relation to residential properties, is to be read in accordance with section 280.

8

The sale or purchase of a residential property is not invalid merely because of a failure to comply with any requirement imposed by virtue of this Chapter.

293Index of defined expressions: Chapter 1

In this Chapter, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column.

Expression	Provision
Agreed (in relation to a sale)	Section 292(5)
Ancillary land	Section 292(1)
Appropriate national authority	Section 292(1)
Building	Section 292(1)
Enforcement authority	Section 283(1)
Finished (in relation to construction of residential property)	Section 292(4)
Interim certificate	Section 279(11)
Modifications	Section 292(1)
Newly converted	Section 291(3)
Prescribed	Section 292(1)
Purchase	Section 292(1)
Purchaser	Section 292(1)
Relevant interest	Section 292(1)
Residential property	Section 292(1)
Sell	Section 292(1)
Sell as new property	Section 292(3)
Supply (in relation to certificates or statements)	Section 292(6) and (7)
Sustainability	Section 280
Sustainability certificate	Section 279(11)

Chapter 2Landlord and tenant matters

Tenant empowerment

294Ballots before certain disposals to private landlords

1

Schedule 3A to the Housing Act 1985 (c. 68) (consultation before disposal to private sector landlord) is amended as follows.

2

After paragraph 3(3) insert—

4
When a notice has been served under sub-paragraph (3) the authority shall arrange a ballot of the tenants in accordance with sub-paragraph (5) to establish whether or not the tenants wish the disposal to proceed.
5
The authority shall—
a
make arrangements for such person as they consider appropriate to conduct the ballot in such manner as that person considers appropriate; or
b
conduct the ballot themselves.
6
After the ballot has been held the authority shall serve a notice on each tenant (whether or not he voted in the ballot) informing him—
a
of the ballot result; and
b
if the authority intend to proceed with the disposal, that he may within 28 days after the service of the notice make representations to the Secretary of State or (as the case may be) the Welsh Ministers.

3

In paragraph 5(1)—

a

for “it appears to him” substitute “ the result of a ballot arranged under paragraph 3(4) shows ”, and

b

after “relates” insert “ who voted in the ballot ”.

4

After paragraph 5 insert—

5AGuidance
1
The appropriate person must give guidance to local authorities about complying with the requirements of paragraph 3 as to consultation.
2
The appropriate person must publish guidance given under this paragraph as soon as reasonably practicable after giving it.
3
Local authorities must, in complying with the requirements of paragraph 3 as to consultation, have regard to the guidance for the time being in force under this paragraph.
4
The appropriate person may revoke guidance given under this paragraph.
5
References in this paragraph to giving guidance include references to giving guidance by varying existing guidance.
6
In this paragraph “the appropriate person” means—
a
in relation to England, the Secretary of State, and
b
in relation to Wales, the Welsh Ministers.

5

Subsections (2) to (4) do not apply to consultations begun before the coming into force of those subsections.

6

For the purposes of subsection (5) a consultation has begun when a notice has been served under paragraph 3(2) of Schedule 3A to the Act of 1985.

I344295Management agreements: extending requirements to co-operate

1

Section 27AB of the Housing Act 1985 (c. 68) (management agreements with tenant management organisations) is amended as follows.

2

In subsection (2), after paragraph (b), insert—

ba
to provide to the organisation such information or descriptions of information, in connection with the proposal, as may be prescribed in the regulations;
bb
to take, in circumstances prescribed in the regulations, such other steps as may be so prescribed to co-operate with the organisation in connection with the proposal;

3

In subsection (4)—

a

in paragraph (a) after “authority” insert “ or the person making the regulations ”,

b

after paragraph (b), insert—

ba
setting time-limits for the carrying out of requirements under the regulations;

c

in paragraph (c) after “guidance” insert “ or directions ”.

I345296Requirements to co-operate in relation to certain disposals of land

After section 34 of the Housing Act 1985 (c. 68) (consents in relation to disposals of land held for housing purposes) insert—

34ARequirements to co-operate in relation to certain disposals
1
The appropriate person may make regulations for imposing requirements on a local housing authority in any case where a tenant group serves written notice on the authority proposing that the authority should dispose of particular land held by them for the purposes of this Part, or a particular description of such land, to a relevant housing provider.
2
The regulations may make provision requiring the authority—
a
to provide, or finance the provision of, such office accommodation and facilities, and such training, as the tenant group reasonably requires for the purpose of pursuing the proposal;
b
to arrange for such feasibility studies with respect to the proposal as may be determined by or under the regulations to be conducted by such persons as may be so determined;
c
to provide to the tenant group such information or descriptions of information, in connection with the proposal, as may be prescribed in the regulations;
d
to take, in circumstances prescribed in the regulations, such other steps as may be so prescribed to co-operate with the tenant group in connection with the proposal;
e
to arrange for such ballots or polls with respect to the proposal as may be determined by or under the regulations to be conducted by such persons as may be so determined; and
f
in such circumstances as may be prescribed by the regulations, to enter into an agreement for the disposal.
3
The regulations may make provision—
a
for determining the houses and other land to which the disposal should relate, and the amounts which should be paid in respect of the disposal;
b
requiring the agreement for the disposal to be in such form as may be approved by the appropriate person and to contain such provisions as may be prescribed by the regulations.
4
The regulations may make such procedural, incidental, supplementary and transitional provisions as may appear to the appropriate person necessary or expedient, and may in particular make provision—
a
for particular questions arising under the regulations to be determined by the authority or the appropriate person;
b
setting time-limits for the carrying out of requirements under the regulations;
c
requiring any person exercising functions under the regulations to act in accordance with any guidance or directions given by the appropriate person.
5
Nothing in subsections (2) to (4) is to be taken as prejudicing the generality of subsection (1).
6
Any regulations which provide for the appropriate person to approve a proposal for a local housing authority to dispose of land must ensure that the authority has the opportunity to make representations to the appropriate person before the appropriate person decides whether or not to approve the proposal.
7
This section does not affect any requirement under section 32 or 33 for the consent of the Secretary of State or the Welsh Ministers.
8
Regulations under this section—
a
may make different provision with respect to different cases or descriptions of case, including different provision for different areas; and
b
are to be made by statutory instrument which—
i
in the case of an instrument made by the Secretary of State, is subject to annulment in pursuance of a resolution of either House of Parliament; and
ii
in the case of an instrument made by the Welsh Ministers, is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
9
In this section—
“appropriate person” means—
a
in relation to England, the Secretary of State; and
b
in relation to Wales, the Welsh Ministers;
“relevant housing provider” means—
a
in relation to England, a registered provider of social housing; and
b
in relation to Wales, a registered social landlord; and
“tenant group” means a body or other person which satisfies such conditions as may be determined by or under the regulations.

Family intervention tenancies

I386297Family intervention tenancies: general

1

In Schedule 1 to the Housing Act 1985 (c. 68) (tenancies which are not secure tenancies) after paragraph 4 insert—

4ZAFamily intervention tenancies
1
A tenancy is not a secure tenancy if it is a family intervention tenancy.
2
But a tenancy mentioned in sub-paragraph (1) becomes a secure tenancy if the landlord notifies the tenant that it is to be regarded as a secure tenancy.
3
In this paragraph “a family intervention tenancy” means, subject to sub-paragraph (4), a tenancy granted by a local housing authority in respect of a dwelling-house—
a
to a person (“the new tenant”) against whom a possession order under section 84 in respect of another dwelling-house—
i
has been made, in relation to a secure tenancy, on ground 2 or 2A of Part 1 of Schedule 2;
ii
could, in the opinion of the authority, have been so made in relation to such a tenancy; or
iii
could, in the opinion of the authority, have been so made if the person had had such a tenancy; and
b
for the purposes of the provision of behaviour support services.
4
A tenancy is not a family intervention tenancy for the purposes of this paragraph if the local housing authority has failed to serve a notice under sub-paragraph (5) on the new tenant before the new tenant entered into the tenancy.
5
A notice under this sub-paragraph is a notice stating—
a
the reasons for offering the tenancy to the new tenant;
b
the dwelling-house in respect of which the tenancy is to be granted;
c
the other main terms of the tenancy (including any requirements on the new tenant in respect of behaviour support services);
d
the security of tenure available under the tenancy and any loss of security of tenure which is likely to result from the new tenant agreeing to enter into the tenancy;
e
that the new tenant is not obliged to enter into the tenancy or (unless otherwise required to do so) to surrender any existing tenancy or possession of a dwelling-house;
f
any likely action by the local housing authority if the new tenant does not enter into the tenancy or surrender any existing tenancy or possession of a dwelling-house.
6
The appropriate national authority may by regulations made by statutory instrument amend sub-paragraph (5).
7
A notice under sub-paragraph (5) must contain advice to the new tenant as to how the new tenant may be able to obtain assistance in relation to the notice.
8
The appropriate national authority may by regulations made by statutory instrument make provision about the type of advice to be provided in such notices.
9
Regulations under this paragraph may contain such transitional, transitory or saving provision as the appropriate national authority considers appropriate.
10
A statutory instrument containing (whether alone or with other provision) regulations under this paragraph which amend or repeal any of paragraphs (a) to (f) of sub-paragraph (5) may not be made—
a
by the Secretary of State unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament; and
b
by the Welsh Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
11
Subject to this, a statutory instrument containing regulations made under this paragraph—
a
by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament; and
b
by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
12
In this paragraph—
“appropriate national authority”—
a
in relation to England, means the Secretary of State; and
b
in relation to Wales, means the Welsh Ministers;
“behaviour support agreement” means an agreement in writing about behaviour and the provision of support services made between the new tenant and the local housing authority concerned (or between persons who include those persons);
“behaviour support services” means relevant support services to be provided by any person to—
a
the new tenant; or
b
any person who is to reside with the new tenant;
for the purpose of addressing the kind of behaviour which led to the new tenant falling within sub-paragraph (3)(a);
“family intervention tenancy” has the meaning given by sub-paragraph (3);
“the new tenant” has the meaning given by sub-paragraph (3)(a);
“relevant support services” means support services of a kind identified in a behaviour support agreement and designed to meet such needs of the recipient as are identified in the agreement.

2

In Part 1 of Schedule 1 to the Housing Act 1988 (c. 50) (tenancies which cannot be assured tenancies) after paragraph 12 insert—

12ZAFamily intervention tenancies
1
A family intervention tenancy.
2
But a family intervention tenancy becomes an assured tenancy if the landlord notifies the tenant that it is to be regarded as an assured tenancy.
3
In this paragraph “a family intervention tenancy” means, subject to sub-paragraph (4), a tenancy granted by a registered provider of social housing or a registered social landlord (“the landlord”) in respect of a dwelling-house—
a
to a person (“the new tenant”) against whom a possession order under section 7 in respect of another dwelling-house—
i
has been made, in relation to an assured tenancy, on ground 14 or 14A of Part 2 of Schedule 2;
ii
could, in the opinion of the landlord, have been so made in relation to such a tenancy; or
iii
could, in the opinion of the landlord, have been so made if the person had had such a tenancy; and
b
for the purposes of the provision of behaviour support services.
4
A tenancy is not a family intervention tenancy for the purposes of this paragraph if the landlord has failed to serve a notice under sub-paragraph (5) on the new tenant before the new tenant entered into the tenancy.
5
A notice under this sub-paragraph is a notice stating—
a
the reasons for offering the tenancy to the new tenant;
b
the dwelling-house in respect of which the tenancy is to be granted;
c
the other main terms of the tenancy (including any requirements on the new tenant in respect of behaviour support services);
d
the security of tenure available under the tenancy and any loss of security of tenure which is likely to result from the new tenant agreeing to enter into the tenancy;
e
that the new tenant is not obliged to enter into the tenancy or (unless otherwise required to do so) to surrender any existing tenancy or possession of a dwelling-house;
f
any likely action by the landlord if the new tenant does not enter into the tenancy or surrender any existing tenancy or possession of a dwelling-house.
6
The appropriate national authority may by regulations made by statutory instrument amend sub-paragraph (5).
7
A notice under sub-paragraph (5) must contain advice to the new tenant as to how the new tenant may be able to obtain assistance in relation to the notice.
8
The appropriate national authority may by regulations made by statutory instrument make provision about the type of advice to be provided in such notices.
9
Regulations under this paragraph may contain such transitional, transitory or saving provision as the appropriate national authority considers appropriate.
10
A statutory instrument containing (whether alone or with other provision) regulations under this paragraph which amend or repeal any of paragraphs (a) to (f) of sub-paragraph (5) may not be made—
a
by the Secretary of State unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament; and
b
by the Welsh Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
11
Subject to this, a statutory instrument containing regulations made under this paragraph—
a
by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament; and
b
by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
12
In this paragraph—
“appropriate national authority”—
a
in relation to England, means the Secretary of State; and
b
in relation to Wales, means the Welsh Ministers;
“behaviour support agreement” means an agreement in writing about behaviour and the provision of support services made between the new tenant, the landlord and the local housing authority for the district in which the dwelling-house which is to be subject to the new tenancy is situated (or between persons who include those persons);
“behaviour support services” means relevant support services to be provided by any person to—
a
the new tenant; or
b
any person who is to reside with the new tenant;
for the purpose of addressing the kind of behaviour which led to the new tenant falling within sub-paragraph (3)(a);
“family intervention tenancy” has the meaning given by sub-paragraph (3);
“landlord” has the meaning given by sub-paragraph (3);
“local housing authority” (and the reference to its district) has the same meaning as in the Housing Act 1985 (see sections 1 and 2(1) of that Act);
“the new tenant” has the meaning given by sub-paragraph (3)(a);
“registered social landlord” has the same meaning as in Part 1 of the Housing Act 1996;
“relevant support services” means support services of a kind identified in a behaviour support agreement and designed to meet such needs of the recipient as are identified in the agreement.

3

This section does not apply to any tenancy granted before the coming into force of this section.

298Certain family intervention tenancies: termination

I38810

This section does not apply to any tenancy granted before the coming into force of this section.

Possession orders

I352 I470299Possession orders relating to certain tenancies

Schedule 11 (which makes provision about possession orders and their effect on secure tenancies, assured tenancies, introductory tenancies and demoted tenancies including provision about the status of existing occupiers) has effect.

Leasehold enfranchisement

300Right to acquire freehold: abolition of low rent test

1

In section 1(1) of the Leasehold Reform Act 1967 (c. 88) (right to enfranchisement or extension of long leaseholds)—

a

in paragraph (a) omit “at a low rent”,

b

before “and” at the end of paragraph (a) insert—

aa
in the case of a right to acquire an extended lease, his long tenancy is a tenancy at a low rent;

c

in paragraph (b) after “he has” insert

—
i
in the case of a right to acquire the freehold, been tenant of the house under a long tenancy for the last two years; and
ii
in the case of a right to acquire an extended lease,

2

In that Act—

a

in section 1(1A) (excluded tenancies)—

i

for “subsection (1)(a) and (b)” substitute “ subsection (1) ”, and

ii

omit “at a low rent”, and

b

omit—

i

section 1A(2) (certain deemed low rent tenancies),

ii

section 1AA (additional right to enfranchisement where tenancy not low rent tenancy), and

iii

section 4A (alternative rent limits for purposes of section 1A(2)).

I365301Shared ownership leases: protection for certain leases

1

After paragraph 3 of Schedule 4A to the Leasehold Reform Act 1967 (exclusion from enfranchisement for certain shared ownership leases granted by housing associations) insert—

3A
1
A lease which does not fall within paragraph 3 is excluded from the operation of this Part of this Act if the lease—
a
meets the conditions mentioned in sub-paragraph (2);
b
meets any other prescribed conditions; and
c
does not fall within any prescribed exemptions.
2
The conditions referred to in sub-paragraph (1)(a) are that the lease—
a
was granted for a term of 99 years or more and is not (and cannot become) terminable except in pursuance of a provision for re-entry or forfeiture;
b
was granted at a premium, calculated by reference to the value of the house or the cost of providing it, of not less than 25 per cent, or such other percentage as may be prescribed, of the figure by reference to which it was calculated;
c
provides for the tenant to acquire additional shares in the house on terms specified in the lease and complying with such requirements as may be prescribed;
d
does not restrict the tenant's powers to mortgage or charge his interest in the house;
e
if it enables the landlord to require payment for outstanding shares in the house, does so only in such circumstances as may be prescribed;
f
provides for the tenant to acquire the landlord's interest on terms specified in the lease and complying with such requirements as may be prescribed; and
g
states the landlord's opinion that by virtue of this paragraph the lease is excluded from the operation of this Part of this Act.
3
In any proceedings the court may, if it considers that it is just and equitable to do so, treat a lease as meeting the conditions mentioned in sub-paragraph (2) despite the fact that the condition specified in paragraph (g) of that sub-paragraph is not met.
Certain leases for the elderly

2

For the italic heading before paragraph 3 of that Schedule to that Act substitute— “ Certain housing association and other leases ”.

I366302Shared ownership leases: protection for hard to replace houses

1

After paragraph 4 of Schedule 4A to the Leasehold Reform Act 1967 (c. 88) (exclusion from enfranchisement for certain shared ownership leases for the elderly) insert—

4ACertain leases in protected areas
1
A lease which does not fall within paragraph 3 or 3A is excluded from the operation of this Part of this Act if—
a
the lease meets the conditions mentioned in sub-paragraph (2);
b
any provision in the lease for the tenant to acquire the landlord's interest provides for the tenant to acquire the interest on terms specified in the lease and complying with such requirements as may be prescribed;
c
the lease meets any other prescribed conditions;
d
the lease does not fall within any prescribed exemptions; and
e
the house is in a protected area.
2
The conditions referred to in sub-paragraph (1)(a) are that the lease—
a
was granted for a term of 99 years or more and is not (and cannot become) terminable except in pursuance of a provision for re-entry or forfeiture;
b
was granted at a premium, calculated by reference to the value of the house or the cost of providing it, of not less than 25 per cent, or such other percentage as may be prescribed, of the figure by reference to which it was calculated;
c
provides for the tenant to acquire additional shares in the house on terms specified in the lease and complying with such requirements as may be prescribed;
d
does not restrict the tenant's powers to mortgage or charge his interest in the house;
e
if it enables the landlord to require payment for outstanding shares in the house, does so only in such circumstances as may be prescribed; and
f
states the landlord's opinion that by virtue of this paragraph the lease is excluded from the operation of this Part of this Act.
3
The appropriate national authority may by order made by statutory instrument designate an area as a protected area if it considers it appropriate to do so to support the provision in the area of houses, or descriptions of houses, which are available for occupation in accordance with shared ownership arrangements.
4
The appropriate national authority must publish the criteria for the time being in force which are to be taken into account by it in deciding whether to designate an area as a protected area.
5
Before making an order under sub-paragraph (3) the appropriate national authority must take such steps as it considers to be reasonable to consult those likely to be affected by the order.
6
In any proceedings the court may, if it considers that it is just and equitable to do so, treat a lease as meeting the conditions mentioned in sub-paragraph (2) despite the fact that the condition mentioned in paragraph (f) of that sub-paragraph is not met.
7
An order under this paragraph may contain such incidental, supplementary, transitory, transitional or saving provisions as the appropriate national authority considers appropriate.
8
In this paragraph “shared ownership arrangements” has the same meaning as in section 70 of the Housing and Regeneration Act 2008.
9
An instrument containing—
a
an order of the Secretary of State under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament;
b
an order of the Welsh Ministers under this paragraph is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

2

In paragraph 5 of that Schedule to that Act (power to prescribe matters by regulations)—

a

in sub-paragraph (1) for “Secretary of State” substitute “ appropriate national authority ”, and

b

in sub-paragraph (2)—

i

in paragraph (b) for “Secretary of State” substitute “ appropriate national authority ”,

ii

after “which” insert “ , in the case of regulations made by the Secretary of State, ” and

iii

after “Parliament” insert “ and, in the case of regulations made by the Welsh Ministers, shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales ”.

3

After paragraph 6 of that Schedule to that Act (interpretation) insert—

7
In this Schedule “appropriate national authority” means—
a
in relation to England, the Secretary of State; and
b
in relation to Wales, the Welsh Ministers.

Service charges

I377303Service charges: provision of information and designated accounts

Schedule 12 (which relates to the provision of information about service charges and to service charge funds) has effect.

Right to buy etc: miscellaneous

304Exclusion of the right to buy: possession orders

1

For section 121(1) of the Housing Act 1985 (c. 68) (circumstances in which the right to buy cannot be exercised) substitute—

1
The right to buy cannot be exercised if the tenant is subject to an order of the court for possession of the dwelling-house.

2

Subsection (1) does not apply where the tenant has served a notice under section 122 of that Act (tenant's notice claiming to exercise right to buy) before the coming into force of subsection (1) above and the notice is not withdrawn.

305Exclusion of the right to buy: demolition notices

Schedule 13 (which makes provision about demolition notices) has effect.

306Review of determination of value

1

The Housing Act 1985 is amended as follows.

2

After section 128 (determination of value by district valuer) insert—

128ADetermination of value: review notices
1
Subsection (2) applies if the value of a dwelling-house has been determined or re-determined under section 128 (“the section 128 determination”).
2
The district valuer may—
a
on the valuer's own initiative; or
b
at the request of the landlord or the tenant of the dwelling-house;
serve on the landlord and the tenant a notice of intention to review the section 128 determination giving reasons for the intention (“a review notice”).
3
A request under subsection (2)(b) must—
a
be in writing;
b
state the reason it is being made; and
c
confirm that the landlord has not made to the tenant a grant of the kind mentioned in section 138(1) in respect of the claim by the tenant to exercise the right to buy in respect of the dwelling-house.
4
The landlord or the tenant may not make a request under subsection (2)(b) after the end of the period of 28 days beginning with the section 128(5) service date.
5
The district valuer must, before the end of the period of 14 days beginning with the day on which such a request is made, serve on the landlord and the tenant—
a
a review notice; or
b
a notice stating—
i
that the request was made;
ii
that the district valuer has decided not to comply with it; and
iii
the reasons for the decision.
6
A review notice may not be served after the end of the period of 42 days beginning with the section 128(5) service date.
7
A review notice may not be served in relation to a determination which is subject to a re-determination required in pursuance of section 128(3) (but this does not prevent the service of a review notice in relation to the re-determination).
8
A review notice may not be served if the landlord has made a grant of the kind mentioned in subsection (3)(c).
9
A person who makes a request under subsection (2)(b) must inform the district valuer if a grant of the kind mentioned in subsection (3)(c) is made during the period of 14 days mentioned in subsection (5).
10
Subsection (11) applies if the district valuer is considering whether to serve a review notice on the valuer's own initiative.
11
The landlord or the tenant must, if requested by the district valuer, inform the valuer whether a grant of the kind mentioned in subsection (3)(c) has been made.
12
In this section and section 128B—
“a review notice” has the meaning given by subsection (2);
“the section 128 determination” has the meaning given by subsection (1);
“the section 128(5) service date” means the day on which the landlord serves a notice on the tenant under section 128(5) in relation to the section 128 determination.
128BReview of determination of value
1
The district valuer must review the section 128 determination as soon as reasonably practicable after serving a review notice.
2
Subsection (3) applies if, following the review, the district valuer decides that neither of the withdrawal conditions is met.
3
The district valuer must, as soon as reasonably practicable, serve on the landlord and the tenant a notice stating—
a
the decision;
b
the reasons for it; and
c
that no further determination or (as the case may be) re-determination is to be made under this section.
4
Subsection (5) applies if, following the review, the district valuer decides that either withdrawal condition is met or both are met.
5
The district valuer must—
a
as soon as reasonably practicable, withdraw the section 128 determination by serving a further determination notice on the landlord and the tenant; and
b
make a further determination or (as the case may be) re-determination of the value of the dwelling-house at the relevant time.
6
Before making such a determination or re-determination, the district valuer must consider any representation made to the valuer by the landlord or the tenant before the end of the period of 14 days beginning with the day on which the further determination notice was served.
7
As soon as practicable after such a determination or re-determination has been made, the landlord must serve on the tenant a determination effect notice.
8
A determination effect notice is a notice stating—
a
the effect of the further determination or (as the case may be) re-determination; and
b
the matters mentioned in section 125(2) and (3).
9
For the purposes of this section, the withdrawal conditions are—
a
that a significant error was made in the section 128 determination; or
b
that the district valuer did not comply with section 128(4) in relation to the section 128 determination.
10
This section does not apply to a determination which is subject to a re-determination required in pursuance of section 128(3) (but this does not prevent this section applying to the re-determination).
11
In this section—
“a further determination notice” is a notice stating—
a
that the section 128 determination is withdrawn;
b
the reasons for the withdrawal; and
c
that a further determination or (as the case may be) re-determination of the value of the dwelling-house at the relevant time will be made;
“significant error”, in relation to the section 128 determination, means an error of fact, or a number of such errors, made in the section 128 determination as a result of which the value of the dwelling-house determined or (as the case may be) re-determined was at least 5% more or less than it would otherwise have been.

3

In section 125D(2) (period for serving tenant's notice of intention), in paragraph (b), for the words from “, the service” to the end substitute “ (or where the landlord exercises his right to have the value of the dwelling-house re-determined by the district valuer), the relevant event ”.

4

After section 125D(2) (period for serving tenant's notice of intention) insert—

3
In subsection (2)(b) “the relevant event” means—
a
where a review notice was capable of being served under section 128A in relation to the determination or re-determination but no such notice was served during the period permitted by that section, the service of the notice under section 128(5) stating the effect of the determination or re-determination,
b
where a review notice was served under section 128A in relation to the determination or re-determination and section 128B(3) applied, the service on the tenant of the notice under section 128B(3), and
c
where a review notice was served under section 128A in relation to the determination or re-determination and section 128B(5) applied, the service of the notice under section 128B(7).

5

In section 128(2) (power of tenant to require determination or re-determination of value) omit “, or as the case may be re-determined,”.

6

In section 128(5) (notice of determination or re-determination) for the words from “stating” to the end substitute

stating—
a
the effect of the determination or re-determination,
b
the matters mentioned in section 125(2) and (3) (terms for exercise of right to buy), and
c
the effect of section 128A(2) (right of district valuer to serve review notice and of landlord and tenant to request that such a notice is served).

7

After section 128(5) (notice of determination or redetermination) insert—

5A
The landlord shall, as soon as practicable, serve a copy of the notice on the district valuer if—
a
the district valuer requests it; or
b
the landlord requests a review of the determination or re-determination under section 128A(2)(b).
5B
The tenant shall, as soon as practicable, serve a copy of the notice on the district valuer if the tenant requests a review of the determination or re-determination under section 128A(2)(b).
5C
For the purposes of subsections (5A) and (5B) it does not matter whether the request in question was made before, on or after the service of the notice in accordance with subsection (5).

8

In section 136(2) (period for serving notice of intention where there is a change of secure tenant), in paragraph (b), for the words from “, the service” to the end substitute “ (or where the right to have the value of the dwelling-house re-determined by the district valuer is or has been exercised by the landlord), the relevant event ”.

9

After section 136(2) (period for serving notice of intention where there is a change of secure tenant) insert—

2A
In subsection (2)(b) “the relevant event” means—
a
where a review notice was capable of being served under section 128A in relation to the determination or re-determination but no such notice was served during the period permitted by that section, the service of the notice under section 128(5) stating the effect of the determination or re-determination,
b
where a review notice was served under section 128A in relation to the determination or re-determination and section 128B(3) applied, the service on the new tenant or (as the case may be) the former tenant of the notice under section 128B(3), and
c
where a review notice was served under section 128A in relation to the determination or re-determination and section 128B(5) applied, the service of the notice under section 128B(7).

10

In section 140(4) (circumstances in which landlord's first notice to complete may not be served), after paragraph (a), insert—

aa
a review notice (within the meaning of section 128A) has been served in relation to such a determination or re-determination, section 128B applies and the district valuer has neither—
i
served a notice under section 128B(3) (refusal to make further determination), nor
ii
served a notice under section 128B(7) (a determination effect notice),
ab
no such review notice has been served but such a notice may still be served under section 128A,

11

In section 181(1) (jurisdiction of county court) after “128” insert “ , 128B ”.

12

This section does not apply to any determination or re-determination under section 128 of the Housing Act 1985 (c. 68) which was required before the coming into force of this section.

307Approved lending institutions

1

In section 156 of the Housing Act 1985 (liability to repay is a charge on the premises)—

a

in subsection (4) for “and any body specified, or of a class or description specified, in an order made by the Secretary of State” substitute— “ an authorised mortgage lender. ”, and

b

omit subsections (5) and (6).

2

In section 622(1) of that Act (minor definitions: general), after the definition of “authorised insurer”, insert—

“authorised mortgage lender” means—
a
a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to enter into a regulated mortgage contract as lender,
b
an EEA firm of the kind mentioned in paragraph (5)(b) of Schedule 3 to that Act who has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to enter into a regulated mortgage contract as lender, or
c
a Treaty firm within the meaning of Schedule 4 to that Act who has permission under paragraph 4 of that Schedule (as a result of qualifying for authorisation under paragraph 2 of that Schedule) to enter into a regulated mortgage contract as lender;

3

In section 622(2) of that Act (interpretation of “authorised deposit taker” and “authorised insurer”) for “and “authorised insurer”” substitute “ “ , “authorised insurer”and “authorised mortgage lender” ”.

4

In section 36(4) of that Act (priority of charges: approved lending institutions) for the words from “and any body” to the end substitute— “ an authorised mortgage lender. ”

5

In section 151B(5) of that Act (priority of charges: approved lending institutions) for the words from “and any body” to the end substitute— “ an authorised mortgage lender. ”

6

In paragraph 2(5) of Schedule 11 to the Housing Act 1988 (c. 50) (priority of charges: approved lending institutions) for paragraph (e) substitute—

e
an authorised mortgage lender (within the meaning of the Housing Act 1985 (see section 622 of that Act)).

7

In section 12(5) of the Housing Act 1996 (c. 52) (priority of charges: approved lending institutions) for paragraph (c) substitute—

c
an authorised mortgage lender (within the meaning of the Housing Act 1985 (see section 622 of that Act)).

I381308Former right to buy and other flats: service charge loans

1

In section 450C(4) of the Housing Act 1985 (c. 68) (loans in respect of service charges on former right to buy flats and other housing authority flats)—

a

in paragraph (a) for “as regards the rate of interest payable on” substitute “ in a case where a rate of interest is payable on some or all of ”, and

b

after paragraph (a) insert—

aa
in a case where amounts calculated by reference to the market value of the flat are payable instead of (or as well as) interest, make provision about calculating the market value of the flat (including imposing charges for the services of district valuers);

2

The powers conferred by section 450C(3) of that Act include, in relation to loans made before the coming into force of subsection (1) above, the power to prescribe terms, or (as the case may be) make provision, of the kind envisaged by subsection (1)(b) above.

3

But any such terms or provision are not to apply to any particular loan made before the coming into force of subsection (1) above unless the landlord and tenant agree that they are to apply in that case.

I382 I469309Former right to buy and other flats: equity share purchases

After section 450C of the Housing Act 1985 (c. 68) (loans in respect of service charges) insert—

Other financial assistance in respect of service charges
450DPurchase of equitable interests
1
The appropriate national authority may by regulations provide that where—
a
a housing authority is the landlord of a flat under a long lease granted or assigned by the housing authority or another housing authority, and
b
the tenant is liable under the terms of the lease to pay service charges in respect of repairs or improvements (whether to the flat, the building in which it is situated or any other building or land),
the landlord may, with the agreement of the tenant and in such circumstances as may be prescribed, purchase an equitable interest in the flat for the purpose of assisting the tenant to meet some or all of the service charge payments.
2
Regulations under this section shall ensure that the purchase price is to be met by the landlord reducing or (as the case may be) cancelling the service charge payable to the landlord by the tenant to such extent as corresponds to the amount concerned.
3
Regulations under this section may, in particular—
a
provide that the power to purchase an equitable interest does not arise in the case of particular descriptions of landlord;
b
make provision about calculating the purchase price (including provision about any discounts and about imposing charges for the services of district valuers);
c
provide for—
i
the tenant to be liable for the administrative expenses of the landlord in connection with the purchase;
ii
such expenses not to exceed such amount (if any) as may be specified in the regulations;
iii
the purchase price to include, at the option of the purchaser, a deduction for such expenses;
d
provide for an alteration, as a result of the purchase of the equitable interest, in the liability of the tenant for future service charges or improvement contributions.
4
Regulations under this section may not contain provision for cases where the Secretary of State or the Welsh Ministers are the landlord unless the Welsh Ministers are the landlord—
a
as the result of the exercise by them of functions under Part 3 of the Housing Associations Act 1985; or
b
as the result of—
i
the exercise by the former National Assembly for Wales, the Secretary of State, Housing for Wales or the Housing Corporation of functions under Part 3 of the Act of 1985; and
ii
the transfer of the flat to the Welsh Ministers by virtue of paragraph 39 of Schedule 11 to the Government of Wales Act 2006.
5
For the purposes of this section a long lease granted or assigned by—
a
the Welsh Ministers, or
b
in a case falling within subsection (4)(b), the former National Assembly for Wales, the Secretary of State, Housing for Wales or the Housing Corporation,
shall be taken to have been granted or assigned by a housing authority if (but only if) the person concerned granted or assigned it in exercise of its powers under section 90 of the Housing Associations Act 1985.
6
This section does not affect any other power of the landlord to purchase an equitable interest in the flat for the purpose of assisting the tenant to meet some or all of the service charge payments.
7
Regulations under this section may apply whenever the lease concerned was granted or assigned and whenever the service charge concerned became payable.
8
Regulations under this section—
a
are to be made by statutory instrument;
b
may make different provision for different cases or descriptions of case including different provision for different areas;
c
may contain such incidental, supplementary and transitional provisions as the appropriate national authority considers appropriate.
9
An instrument containing regulations made under this section—
a
by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament;
b
by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
10
In this section—
“appropriate national authority” means—
a
in relation to England, the Secretary of State; and
b
in relation to Wales, the Welsh Ministers;
“former National Assembly for Wales” means the Assembly constituted by the Government of Wales Act 1998;
“housing authority”—
a
does not include a registered provider of social housing, or a registered social landlord, which is a co-operative housing association;
b
includes a co-operative housing association which is neither a registered provider of social housing nor a registered social landlord;
“improvement contribution” has the same meaning as in Part 5 (see section 187);
“repairs” includes works for making good a structural defect.

310Other amendments

1

In paragraph 11(5B) of Schedule 5 to the Housing Act 1985 (c. 68) (exceptions to the right to buy for certain accommodation for the elderly: appeals etc. to the High Court possible by virtue of disapplication of section 231(4) of the Housing Act 2004 (c. 34)) for “Section 231” substitute “ Section 231(1), (2), (3) and (5) ”.

2

Subsection (1) does not apply to—

a

appeals begun, or cases stated and signed, before the coming into force of that subsection, or

b

rights of appeal, or rights to have a case stated and signed, which have accrued before that time.

3

In paragraph 5 of Schedule 5A to the Housing Act 1985 (service of initial demolition notices) for “Schedule 13” substitute “ Schedule 5 ”.

Other

I346311Disposals of dwelling-houses by local authorities

Schedule 14 (which makes provision about the requirements for consent for disposals of dwelling-houses by local authorities) has effect.

312Financial assistance for information and other services

1

In section 94(1) of the Housing Act 1996 (c. 52) (financial assistance for provision of general legal advice about residential tenancies and advice about estate management schemes in connection with enfranchisement)—

a

after “person of” insert “ information, training or ”,

b

after “about” insert “ , or a dispute resolution service in connection with ”,

c

at the end of paragraph (a), after “tenancies,”, insert—

aa
any other matter relating to residential tenancies,

d

in paragraph (b), at the beginning, insert “ any matter relating to ”.

2

In the heading of section 94 of that Act (and the italic cross-heading before it) for “legal advice” substitute “ advice etc. ”.

Chapter 3Housing finance and other provisions

Housing Revenue Account subsidy

313Exclusions from subsidy arrangements

1

After section 80A of the Local Government and Housing Act 1989 (c. 42) (housing finance: Housing Revenue Account subsidy) insert—

80BAgreements to exclude certain authorities or property
1
Subsection (2) applies if an agreement is in force between the appropriate person and a local housing authority for sections 79 to 80A not to apply in relation to—
a
the authority; or
b
specified property, or specified descriptions of property, of the authority.
2
Sections 79 to 80A do not apply in relation to the authority or (as the case may be) property for each year provided for in the agreement.
3
Such an agreement may, in particular, contain terms and conditions about—
a
the period of years for which sections 79 to 80A are not to apply (whether a fixed or indefinite period);
b
payments to the authority by the appropriate person or by the authority to the appropriate person;
c
the levels of rent for specified property or specified descriptions of property (in the case of an agreement of the kind mentioned in subsection (1)(b));
d
the provision of information;
e
the variation or termination of the agreement (whether on the occurrence of particular events, at the discretion of the appropriate person or otherwise).
4
The appropriate person may give directions about supplementary, incidental, consequential or transitional matters relating to the variation or termination of an agreement of the kind mentioned in subsection (1).
5
Such directions may not override any provision made on the subject by the agreement unless the directions are given with the consent of the local housing authority concerned.
6
The provision made by the directions or the agreement may, in particular, include transitional provision about the terms and conditions on which the authority or (as the case may be) property is to become subject to sections 79 to 80A after the termination of the agreement.
7
This section does not restrict the circumstances in which Housing Revenue Account subsidy is otherwise not payable to a local housing authority, or in respect of particular property, by virtue of this Part.
8
In this section—
“property” means land, houses, dwellings, buildings or property of a kind falling within paragraphs (a) to (f) of section 74(1) (property within the Housing Revenue Account); and includes future property;
“specified”, in relation to an agreement, means specified in the agreement.

2

In section 88(1)(aa)(ii) of that Act (construction of Part 6: meaning of “appropriate person”) for “National Assembly for Wales” substitute “ Welsh Ministers ”.

3

In Part 3 of Schedule 4 to that Act (the keeping of the Housing Revenue Account: special cases) in paragraph 2—

a

at the beginning insert “(1)”, and

b

at the end insert—

2
Sub-paragraph (1) does not apply to a local housing authority in respect of a year if, by virtue of section 80B(2), sections 79 to 80A do not apply in relation to the authority for that year.

Homelessness and allocation of housing

I399 I414 I390314Ineligible persons from abroad: statutory disregards

Schedule 15 (which amends Parts 6 and 7 of the Housing Act 1996 (c. 52) in relation to certain ineligible persons from abroad and which makes related provision, including provision for Scotland and Northern Ireland) has effect.

I383 I420315Armed forces: local connection test

In section 199 of the Housing Act 1996 (local connection test for homelessness and housing allocation purposes: different treatment of armed forces) omit—

a

subsection (2),

b

in subsection (3), paragraph (a) and the “or” following it,

c

subsection (4), and

d

in subsection (5), the word “other”.

Other

316Amendments to Housing Act 1985: lending institutions

In section 622(1) of the Housing Act 1985 (c. 68) (minor definitions: general)—

a

in the definition of “authorised deposit taker”, in paragraph (b), for “12(1)” substitute “ 12 ”, and

b

in the definition of “authorised insurer”, in paragraph (b), for “12(1)” substitute “ 12 ”.

I137317Building regulations: time limit for prosecutions

1

Section 35A of the Building Act 1984 (c. 55) (time limit for prosecution for contravention of certain building regulations) is amended as follows.

2

In the heading omit “certain”.

3

In subsection (1) for “a relevant offence” substitute “ an offence under section 35 above ”.

4

Omit subsections (2), (3) and (6).

5

Subsections (1) to (4) above do not apply to offences committed before the coming into force of this section.

318Protected mobile home sites to include sites for gypsies and travellers

In section 5(1) of the Mobile Homes Act 1983 (c. 34) (interpretation), in the definition of “protected site”, omit the words from “does not include” to “that,”.

319Financial assistance for certain services about commonhold

1

In section 62(1) of the Commonhold and Leasehold Reform Act 2002 (c. 15) (financial assistance for general advice about an aspect of the law of commonhold land so far as relating to residential matters)—

a

after “person of” insert “ information, training or ”,

b

for “about an” substitute

about, or a dispute resolution service in connection with—
a
any

c

after “matters” insert

, or
b
any other matter relating to commonhold land and residential matters

e

regulations of the Secretary of State under section 280(3) or 291,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

4

Subsection (3) does not apply to an instrument containing an order under section 321 if the order does not amend or repeal a provision of a public general Act.

5

If a draft of an instrument containing an order under section 13 would, apart from this subsection, be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument.

6

An instrument containing an order under section 23 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the House of Commons.

7

An instrument containing—

a

an order under section 36 or Part 2 (excluding sections 114 and 229),

b

an order of the Secretary of State under section 321 to which subsection (3) above does not apply,

c

an order of the Secretary of State under paragraph 16(7), 18(4), 22(2) or 23(2) of Schedule 11,

d

regulations under Part 2 (excluding sections 70 and 72),

e

regulations of the Secretary of State under Chapter 1 of Part 3 (including Schedule 10 but excluding sections 280(3) and 291),

f

regulations of the Secretary of State under section 298, or

g

regulations under Part 3 of Schedule 3,

is subject to annulment in pursuance of a resolution of either House of Parliament.

8

An instrument containing—

a

an order of the Welsh Ministers under section 321,

b

an order of the Welsh Ministers under paragraph 19(4), 21(2) or (4) or 24 of Schedule 11, or

c

regulations of the Welsh Ministers under section 280(3) or 291,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

9

Subsection (8) does not apply to an instrument containing an order under section 321 if the order does not amend or repeal a provision of a public general Act.

10

An instrument containing—

a

an order of the Welsh Ministers under section 321 to which subsection (8) above does not apply,

b

an order of the Welsh Ministers under paragraph 16(7), 18(4), 22(2) or 23(2) of Schedule 11,

c

regulations of the Welsh Ministers under Chapter 1 of Part 3 (including Schedule 10 but excluding section 280(3) or 291), or

d

regulations of the Welsh Ministers under section 298,

is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

I1 I467 I471321Consequential amendments and repeals

I138 I384 I4181

Schedule 16 (which contains repeals and revocations including repeals of spent enactments) has effect.

2

The Secretary of State may by order make such supplementary, incidental or consequential provision as the Secretary of State considers appropriate for the general purposes, or any particular purpose, of this Act or in consequence of any provision made by or under this Act or for giving full effect to this Act or any such provision.

3

The power conferred by subsection (2) may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an enactment (including this Act and any Act passed in the same Session as this Act).

4

The power conferred by subsections (2) and (3) is also exercisable by the Welsh Ministers so far as it is exercisable in relation to matters with respect to which functions are exercisable by the Welsh Ministers.

322Transitional, transitory or saving provision

1

The Secretary of State may by order make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act other than a Welsh provision.

2

The Welsh Ministers may by order make such transitional, transitory or saving provision as the Welsh Ministers consider appropriate in connection with the coming into force of any Welsh provision.

3

In this section “Welsh provision” means any provision of this Act so far as it is to be brought into force by an order of the Welsh Ministers.

323Financial provisions

1

There is to be paid out of money provided by Parliament—

a

any expenditure incurred by a Minister of the Crown by virtue of this Act, and

b

any increase attributable to this Act in the sums payable by virtue of any other Act out of money so provided.

2

There is to be paid into the Consolidated Fund any sums received by a Minister of the Crown by virtue of this Act (apart from any sums required to be paid into the National Loans Fund).

324Extent

1

Subject as follows, Parts 1 to 3 (including Schedules 1 to 15) and Schedule 16 extend to England and Wales only.

2

Any amendment, repeal or revocation made by this Act, other than one falling within subsection (3), has the same extent as the provision to which it relates.

3

The following fall within this subsection—

sections 295 to 298, 300 to 303, 308, 309, 315 and 318 and Schedule 12, and

c

section 321(1), and Schedule 16, so far as relating to repeals and revocations which are connected to the provisions mentioned in paragraph (b) above.

4

The provisions to which this subsection applies come into force—

a

in relation to England, on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes or different areas, and

b

in relation to Wales, on such day as the Welsh Ministers may by order appoint; and different days may be appointed for different purposes or different areas.

5

The Secretary of State must consult the Welsh Ministers before making an order under subsection (1) in relation to section 50(2) and Schedule 5 or section 299 and Schedule 11.

6

Subsection (1) does not apply to sections 320, 321(2) to (4), 322, 323 and 324, this section and section 326.

326Short title

This Act may be cited as the Housing and Regeneration Act 2008.

SCHEDULES

SCHEDULE 1The Homes and Communities Agency

Section 1

Membership

1I86

is eligible for reappointment.

5

The Secretary of State may remove a member who—

a

has been absent from meetings of the HCA for a period of more than 6 months without the permission of the HCA,

b

has become bankrupt or has made an arrangement with the member's creditors, or

c

in the opinion of the Secretary of State, has failed to comply with the member's terms of appointment or is otherwise unable, unfit or unsuitable to exercise the member's functions as a member.

Remuneration etc: members

3I88

1

The HCA may pay to its members such remuneration and such allowances as the Secretary of State may decide.

2

The HCA may—

a

pay such pensions, allowances or gratuities as the Secretary of State may decide to or in respect of any member or former member, or

b

pay such sums as the Secretary of State may decide towards the provision for the payment of pensions, allowances or gratuities to or in respect of any member or former member.

3

Sub-paragraph (4) applies if—

a

a person ceases to be a member of the HCA, and

b

the Secretary of State considers that there are special circumstances which make it appropriate for the person to receive compensation.

4

The Secretary of State may require the HCA to pay the person such amount as the Secretary of State may decide.

Staff

4I89

1

The HCA must appoint a person to be chief executive but may only appoint a person who has been approved by the Secretary of State.

2

The chief executive is a member of staff of the HCA.

3

The HCA may appoint such number of other staff as the Secretary of State may approve.

4

The staff's terms and conditions of service are to be decided by the HCA with the approval of the Secretary of State.

5

The HCA may pay to its staff such remuneration and such allowances as it may, with the approval of the Secretary of State, decide.

6

The HCA may—

a

pay such pensions, allowances or gratuities to or in respect of any member of staff or former member of staff, or

b

pay such sums towards the provision for the payment of pensions, allowances or gratuities to or in respect of any member of staff or former member of staff,

as it may, with the approval of the Secretary of State, decide.

Financial provision

5I90

1

The Secretary of State may make payments to the HCA by way of grant.

2

Such payments may be made on such terms and conditions as the Secretary of State considers appropriate.

Committees

6I91

i

directions given as mentioned in paragraph 7(1), or

ii

paragraph 9.

9I94

b

send a copy of the report to the Secretary of State within such period as the Secretary of State may direct.

2

The Secretary of State must lay before Parliament a copy of each report received under sub-paragraph (1).

12I97

1

The HCA must keep proper accounts and proper records in relation to the accounts.

2

For each financial year, the HCA must—

a

prepare a statement of accounts in respect of that financial year, and

b

send copies of the statement to the Secretary of State and the Comptroller and Auditor General within such period as the Secretary of State may direct.

3

The statement must be in such form as the Secretary of State may direct.

4

The Comptroller and Auditor General must—

a

examine, certify and report on the statement, and

b

send a copy of the certified statement and of the report to the Secretary of State as soon as possible.

5

The Secretary of State must lay before Parliament a copy of each statement and report received under sub-paragraph (4).

13I98

and its property is not to be regarded as property of, or held for or on behalf of, the Crown.

16I101

The HCA is a public body for the purposes of the Prevention of Corruption Acts 1889 to 1916.

17I102

The Secretary of State (instead of the HCA) may—

Sub-paragraph (2) applies where the HCA completes the compulsory acquisition of land under this Part of this Act.

2

On completion of the acquisition—

a

all private rights of way on, under or over the land are extinguished,

b

all rights of laying down, erecting, continuing or maintaining any apparatus on, under or over the land are extinguished, and

c

any such apparatus vests in the HCA.

3

Sub-paragraph (2) is subject to paragraphs 4 to 6.

land over which the rights are, or are to be, exercisable,

according to the requirements of the particular context.

New rights: specific adaptations of 1965 Act

I1549

1

Part 1 of the Act of 1965 applies to the compulsory acquisition of new rights under section 9 with the modifications specified in paragraphs 10 to 15.

2

Sub-paragraph (1) is without prejudice to the generality of paragraph 8.

I15510

Section 7 (measure of compensation) of the Act of 1965 is to be read as if for that section there were substituted—

7
1
In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent (if any) to which the value of the land over which the right is acquired is depreciated by the acquisition but also to the damage (if any) to be sustained by the owner of the land by reason of injurious affection of other land of the owner by the exercise of the right.
2
The modifications subject to which subsection (1) of section 44 of the Land Compensation Act 1973 (compensation for injurious affection) is to have effect, as applied by subsection (2) of that section to compensation for injurious affection under this section, are that—
a
for “land is acquired or taken” there shall be substituted “ a right over land is acquired ”; and
b
for “acquired or taken from him” there shall be substituted “ over which the right is exercisable ”.

I15611

Section 8 of the Act of 1965 (which relates to cases in which a vendor cannot be required to sell part only of a building or garden) is to be read as if for that section there were substituted—

8
1
Subsection (3) applies if—
a
a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”) has been served on a person in pursuance of section 5 of this Act; and
b
as a result—
i
a question of disputed compensation in respect of the purchase of the right would, apart from this section, fall to be determined by the F2Upper Tribunal (“the Tribunal”); and
ii
before the Tribunal has determined the question, the person satisfies the Tribunal as mentioned in subsection (2).
2
The person satisfies the Tribunal as mentioned in this subsection if the person satisfies the Tribunal that—
a
the person has an interest which the person is able and willing to sell in the whole of the relevant land; and
b
the right—
i
in the case of land consisting of a house, building or manufactory, cannot be purchased without material detriment to the land; or
ii
in the case of land consisting of a park or garden belonging to a house, cannot be purchased without seriously affecting the amenity or convenience of the house.
3
The compulsory purchase order to which the notice to treat relates, in relation to the person concerned—
a
ceases to authorise the purchase of the right; and
b
is deemed to authorise the purchase of the person's interest in the whole of the relevant land (including, in the case of land consisting of a park or garden belonging to a house, the house);
and the notice to treat is deemed to have been served in respect of that interest on such date as the Tribunal directs.
4
Any question as to the extent of the land in which a compulsory purchase order is deemed to authorise the purchase of an interest by virtue of subsection (3) is to be determined by the Tribunal.
5
Subsection (6) applies if, in consequence of a determination of the Tribunal that it is satisfied as mentioned in subsection (1)(b)(ii), a compulsory purchase order is deemed by virtue of subsection (3) to authorise the purchase of an interest in land.
6
The acquiring authority may, at any time within the period of six weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made.
7
Nothing in subsection (6) prejudices any other power of the authority to withdraw the notice.
8
The modifications subject to which subsection (1) of section 58 of the Land Compensation Act 1973 (determination of material detriment) is to have effect, as applied by subsection (2) of that section to the duty of the Tribunal in determining whether it is satisfied as mentioned in subsection (1)(b)(ii) above, are set out in subsection (9).
9
They are that—
a
at the beginning of paragraphs (a) and (b) there shall be inserted “ a right over ”;
b
for “severance” there shall be substituted “ right on the whole of the house, building or manufactory or of the house and the park or garden ”; and
c
for “part proposed” and “part is” there shall be substituted respectively “right proposed” and “right is”.

I15712

1

The provisions of the Act of 1965 mentioned in sub-paragraph (2) (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land) are to be read as if they were modified in accordance with sub-paragraph (3).

2

The provisions are—

a

section 9(4) (failure of owners to convey),

b

paragraph 10(3) of Schedule 1 (owners under incapacity),

c

paragraph 2(3) of Schedule 2 (absent and untraced owners), and

d

paragraphs 2(3) and 7(2) of Schedule 4 (common land).

3

The provisions are to be read as if they were modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be acquired compulsorily is vested absolutely in the acquiring authority.

The provisions of Part 1 of the Compulsory Purchase Act 1965 (c. 56) (other than section 31) apply, so far as applicable, to the acquisition by the HCA of land by agreement.

2

In that Part as so applied “land” has the same meaning as in this Part of this Act.

SCHEDULE 3Main powers in relation to land of the HCA

Section 11

Part 1Powers to override easements etc.

if the right is a protected right.

6

In this paragraph—

“construction or maintenance works” means the erection, construction, carrying out or maintenance of any building or work,
“protected right” means—
1. a
  a right vested in, or belonging to, statutory undertakers for the purpose of carrying on their undertaking, or
2. b
  a right conferred by, or in accordance with, the electronic communications code on the operator of an electronic communications code network,
“relevant right or interest” means any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land (including any natural right to support),
“statutory undertakers” means persons who are, or are deemed to be, statutory undertakers for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990 (c. 8); and “statutory undertaking” is to be read in accordance with section 262 of that Act (meaning of “statutory undertakers”).

a

it is made—

i

within the time, and

ii

in the manner,

stated in the notice under paragraph 4, and

b

a written statement of the grounds of the objection is comprised in, or submitted with, the objection.

3

For the purposes of sub-paragraph (1) the matter is otherwise dealt with if (and only if) the Secretary of State—

a

decides, irrespective of the objection, not to make the order, or

b

decides to make a modification to the proposal which is agreed to by the objector as meeting the objection.

I1706

1

The Secretary of State must, before making a final decision, consider the grounds of the objection as set out in the statement comprised in, or submitted with, the objection.

2

The Secretary of State may require the objector to submit within a particular period a further written statement as to any of the matters to which the objection relates.

Duty to give opportunity to appear

I1717

1

The Secretary of State must, before making a final decision, give the objector an opportunity to appear before, and be heard by, a person appointed for the purpose by the Secretary of State.

2

Sub-paragraph (3) applies if the objector takes advantage of this opportunity.

3

ii

is satisfied that, for the purpose of making a final decision, sufficient information is available as to the matters to which the objection relates, or

b

a further statement has been required under paragraph 6(2) but is not submitted within the required period.

the electronic communications apparatus removed or abandoned, and

b

any other electronic communications apparatus connected with the removed or abandoned apparatus which is made useless in consequence of the removal or abandonment.

I17915

Electronic communications apparatus, or any part of it, abandoned by the operator of an electronic communications code network under paragraph 13—

a

vests in the HCA, and

b

is deemed, with its abandonment, to cease to be kept installed for the purposes of an electronic communications code network.

Orders relating to electronic communications apparatus: notice requirements

I18016

1

The Secretary of State must serve notice on the operator of an electronic communications code network of the making of an order under paragraph 3 if the order extinguishes a public right of way in circumstances in which paragraphs 12 and 13 apply in relation to the operator.

2

The notice must be served as soon as practicable after the making of the order.

Supplementary: Part 2

I18117

The power of the Secretary of State to make orders under paragraph 3 includes power to—

a

vary or revoke such orders, and

b

make supplementary, incidental, consequential, transitional, transitory or saving provision.

I18218

In this Part of this Schedule, in relation to an order, any reference to making a final decision is a reference to deciding whether to make the order or what modification (if any) ought to be made.

Part 3Powers in relation to burial grounds and consecrated land etc.

Burial grounds

I18319

1

This paragraph applies in relation to any land of the HCA which consists in, or forms part of, a burial ground.

2

The HCA may use the land in any way which accords with planning permission despite—

a

anything in any enactment relating to burial grounds, or

b

any obligation or restriction imposed under ecclesiastical law or otherwise in respect of burial grounds.

3

But sub-paragraph (2) does not apply in relation to any land which has been used for the burial of the dead until prescribed requirements about the removal and reinterment of human remains and the disposal of monuments have been complied with in relation to the land.

Consecrated land other than burial grounds

I18420

4

Regulations under this Part of this Schedule about the removal and reinterment of human remains must require compliance with any directions given in any case by the Secretary of State in relation to the removal and reinterment of any human remains.

Disapplication of faculties

I18824

1

No faculty is required for—

a

the removal and reinterment of any human remains, or

b

the removal or disposal of any monuments,

in accordance with regulations under this Part of this Schedule.

2

Sub-paragraph (1) is subject to any provision to the contrary made by regulations under this Part of this Schedule.

Disapplication of section 25 of the Burial Act 1857

I18925

Section 25 of the Burial Act 1857 (c. 81) (which prohibits the removal of human remains without the licence of the Secretary of State except in certain cases) does not apply to a removal of human remains carried out in accordance with regulations under this Part of this Schedule.

Interpretation: Part 3

I19026

1

In this Part of this Schedule—

“burial ground” includes any churchyard, cemetery or other ground (whether or not consecrated) which has at any time been set apart for the purposes of interment,
“monument” includes a tombstone or other memorial,
“prescribed” means prescribed by regulations made by the Secretary of State.

2

Any power conferred by paragraph 19(2) or 20(2) to use land is to be read as a power to use the land, whether or not it involves—

a

the erection, construction or carrying out of any building or work, or

b

the maintenance of any building or work.

SCHEDULE 4Powers in relation to, and for, statutory undertakers

Section 12

Part 1Extinguishment or removal powers for the HCA

Notice for extinguishment of rights of undertakers or for removal of their apparatus

I1921

1

Sub-paragraph (2) applies if—

a

a protected right subsists over land of the HCA and is vested in, or belongs to, statutory undertakers for the purpose of carrying on their undertaking, or

b

apparatus vested in, or belonging to, statutory undertakers for the purpose of carrying on their undertaking is on, under or over land of the HCA.

2

The HCA may serve a notice on the statutory undertakers.

3

The notice may, in the case of a protected right, state that, at the end of the relevant period, the right will be extinguished.

4

The notice may, in the case of apparatus, require that, before the end of the relevant period, the apparatus must be removed.

5

In this paragraph—

“protected right” means—
1. a
  a right of way on, under or over land, or
2. b
  a right of laying down, erecting, continuing or maintaining apparatus on, under or over land,
“relevant period” means—
1. a
  the period of 28 days beginning with the date of service of the notice, or
2. b
  any longer period beginning with that date and specified in the notice.

Counter-notices

I1932

1

Sub-paragraph (2) applies if the HCA serves a notice under paragraph 1 on statutory undertakers.

2

The statutory undertakers may, before the end of the period of 28 days beginning with the date of the service of the notice, serve a counter-notice on the HCA.

3

The counter-notice is a notice stating that the statutory undertakers object to all or any provisions of the notice under paragraph 1.

4

The counter-notice must also specify the grounds of their objection.

Effect of unopposed notice

I1943

1

This paragraph applies if—

a

a notice is served under paragraph 1, and

b

no counter-notice is served under paragraph 2.

2

Any right to which the notice under paragraph 1 relates is extinguished at the end of the period specified for that purpose in the notice.

3

The HCA may—

a

remove any apparatus, and

b

dispose of it as it considers appropriate,

if any requirement of the notice under paragraph 1 as to the removal of the apparatus has not been complied with by the end of the period specified for that purpose in the notice.

Opposed notices and Ministerial orders

I1954

1

This paragraph applies if—

a

a notice is served under paragraph 1, and

b

a counter-notice is served under paragraph 2.

2

The HCA may—

a

withdraw the notice served under paragraph 1, or

b

apply to the Secretary of State and the appropriate Minister for an order under sub-paragraph (3).

3

The Secretary of State and the appropriate Minister may make an order embodying, with or without modifications, the provisions of the notice.

4

The fact that a notice has been withdrawn under sub-paragraph (2)(a) does not prejudice the service of a further notice.

I1965

1

Before making an order under paragraph 4(3), the Secretary of State and the appropriate Minister must give the statutory undertakers on whom notice was served an opportunity to object to the application for the order.

2

3

Sub-paragraphs (1) and (2) do not apply where paragraphs 12 and 13 of Part 2 of Schedule 3 apply (orders under paragraph 3 of that Schedule which relate to electronic communications apparatus).

4

Where paragraph 1 has effect as mentioned in sub-paragraphs (1) and (2) above—

a

any reference in this Part of this Schedule to statutory undertakers has effect as a reference to the operator of the electronic communications code network, and

b

any reference in this Part of this Schedule to the appropriate Minister has effect as a reference to the Secretary of State for Business, Enterprise and Regulatory Reform.

Part 2Powers for undertakers to carry out works

Notices to carry out works

I2009

1

Sub-paragraph (2) applies if statutory undertakers have the right to carry out works for the removal or re-siting of apparatus by virtue of this Part of this Schedule.

2

The statutory undertakers may arrange with the HCA for the works to be carried out by the HCA, under the superintendence of the statutory undertakers, instead of by the statutory undertakers themselves.

Compensation

I20514

1

Statutory undertakers are entitled to compensation from the HCA if works are carried out for the removal or re-siting of their apparatus which they have the right to carry out by virtue of this Part of this Schedule.

2 Electronic communications

I20615

1

The reference in paragraph 9(1)(a) to apparatus vested in, or belonging to, statutory undertakers includes a reference to electronic communications apparatus kept installed for the purposes of an electronic communications code network.

2

Where paragraph 9(1)(a) has effect as mentioned in sub-paragraph (1) above—

a

any reference in this Part of this Schedule to statutory undertakers has effect as a reference to the operator of the electronic communications code network, and

b

any reference in this Part of this Schedule to the appropriate Minister has effect as a reference to the Secretary of State for Business, Enterprise and Regulatory Reform.

Part 3Extension or modification of functions of undertakers

Ministerial order following representations by statutory undertakers

I20716

1

The Secretary of State and the appropriate Minister may by order provide for an extension or modification of the functions of particular statutory undertakers if conditions 1 and 2 are met.

2

Condition 1 is that the statutory undertakers have made representations on the subject to the Secretary of State and the appropriate Minister.

3

Condition 2 is that the Secretary of State and the appropriate Minister consider it appropriate to extend or modify the functions of the statutory undertakers—

a

to secure the provision of services which—

i

would not otherwise be provided, or

ii

would not otherwise be satisfactorily provided,

i

within the time, and

ii

in the manner,

stated in the notice under paragraph 19(1) or (as the case may be) 20(1), and

b

a written statement of the grounds of the objection is comprised in, or submitted with, the objection.

3

For the purposes of sub-paragraph (1) the matter is otherwise dealt with if (and only if) the Secretary of State and the appropriate Minister—

a

decide, irrespective of the objection, not to make the order, or

b

decide to make a modification which is agreed to by the objector as meeting the objection.

I21322

1

The Secretary of State and the appropriate Minister must, before making a final decision, consider the grounds of the objection as set out in the statement comprised in, or submitted with, the objection.

2

The Secretary of State and the appropriate Minister may require the objector to submit within a specified period a further written statement as to any of the matters to which the objection relates.

Duty to give opportunity to appear

I21423

1

The Secretary of State and the appropriate Minister must, before making a final decision, give the objector an opportunity to appear before, and be heard by, a person appointed for the purpose by the Secretary of State and the appropriate Minister.

2

The Secretary of State and the appropriate Minister must give an opportunity of appearing and being heard on the same occasion to—

a

the statutory undertakers or (as the case may be) the HCA as a result of whose representations the order is proposed to be made, and

b

any other persons whom the Secretary of State and the appropriate Minister consider ought to be given the opportunity,

if the objector takes advantage of the opportunity mentioned in sub-paragraph (1).

3

Sub-paragraphs (1) and (2) do not apply so far as the Secretary of State and the appropriate Minister have the power to proceed under paragraph 24 or 25.

Power to treat objection as irrelevant

I21524

The Secretary of State and the appropriate Minister may treat the objection as irrelevant for the purpose of making a final decision—

a

if the Secretary of State and the appropriate Minister have considered the grounds of the objection as set out in the original statement and in any further statement, and

b

so far as the Secretary of State and the appropriate Minister are satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation.

Power to curtail decision-making process

I21625

The Secretary of State and the appropriate Minister may make a final decision without further investigation as to the matters to which the objection relates if—

a

the Secretary of State and the appropriate Minister—

i

have considered the grounds of the objection as set out in the original statement and in any further statement, and

ii

are satisfied that, for the purpose of making a final decision, sufficient information is available as to the matters to which the objection relates, or

b

a further statement has been required under paragraph 22(2) but is not submitted within the specified period.

Power to hold public local inquiry

I21726

1

The Secretary of State and the appropriate Minister must cause a public local inquiry to be held in relation to an objection under this Part of this Schedule if the Secretary of State and the appropriate Minister consider that the matters to which the objection relates are such as to require investigation by such an inquiry before the Secretary of State and the appropriate Minister make a final decision.

2

The duty in sub-paragraph (1) is effective despite any other provisions of this Part of this Schedule.

3

The other provisions of this Part of this Schedule are to be ignored if, when the Secretary of State and the appropriate Minister decide to cause an inquiry to be held, effect has not been given to them.

Special parliamentary procedure for orders

I21827

Orders under paragraph 16 or 17 are subject to special parliamentary procedure.

Part 4Relieving undertakers of obligations

Orders to relieve obligations

I21928

the statutory undertakers as a result of whose representations the order is proposed to be made, and

b

any other persons whom the appropriate Minister considers ought to be given the opportunity,

if the objector takes advantage of the opportunity mentioned in sub-paragraph (1).

3

Sub-paragraphs (1) and (2) do not apply so far as the appropriate Minister has the power to proceed under paragraph 33 or 34.

Power to treat objection as irrelevant

I22433

The appropriate Minister may treat the objection as irrelevant for the purpose of making a final decision—

a

if the appropriate Minister has considered the grounds of the objection as set out in the original statement and in any further statement, and

b

so far as the appropriate Minister is satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation.

has sent the appropriate Minister a written request for the notice with an address for service, and

b

any other person whom the appropriate Minister considers appropriate.

Operative date of orders

I22837

An order under paragraph 28 which is not subject to special parliamentary procedure becomes operative on the date on which the notice required by paragraph 36(2) is first published.

Special parliamentary procedure for orders

I22938

1

An order under paragraph 28 is subject to special parliamentary procedure if any objection to the making of the order is properly made and not withdrawn before the order is made.

2

Sub-paragraph (2) of paragraph 30 applies for the purposes of sub-paragraph (1) above as it applies for the purposes of sub-paragraph (1) of that paragraph.

Legal challenges to orders

I23039

1

Sub-paragraph (2) applies if a person aggrieved by an order under paragraph 28 wishes to question its validity on the ground that—

a

it is not within the powers conferred by this Part of this Schedule, or

b

any requirement of this Part of this Schedule has not been complied with in relation to the order.

2

The person may, within 6 weeks beginning with the date on which the notice required by paragraph 36(2) is first published, apply to the High Court.

3

The High Court may, on an application under sub-paragraph (2), make an interim order suspending (whether wholly or in part) the operation of the order under paragraph 28 until the final determination of the proceedings.

4

The operation of the order may be suspended generally or so far as affecting any property of the applicant.

5

The High Court may, on an application under sub-paragraph (2), quash (whether wholly or in part) the order under paragraph 28 if satisfied that—

a

the order is wholly or to any extent outside the powers conferred by this Part of this Schedule, or

b

the interests of the applicant have been substantially prejudiced by the failure to comply with any requirement of this Part of this Schedule.

6

The order under paragraph 28 may be quashed generally or so far as affecting any property of the applicant.

Part 5Supplementary

Orders and directions

I23140

1

The power of—

a

the Secretary of State and the appropriate Minister,

b

the Secretary of State and the Secretary of State for Business, Enterprise and Regulatory Reform, or

c

the appropriate Minister,

to make orders under this Schedule includes power to vary or revoke such orders and to make supplementary, incidental, consequential, transitional, transitory or saving provision.

2

The power of—

a

the Secretary of State and the appropriate Minister, or

b

the appropriate Minister,

to give directions under this Schedule includes power to vary or revoke such directions and to make supplementary, incidental, consequential, transitional, transitory or saving provision.

Interpretation

I23241

1

In this Schedule—

“the appropriate Minister” is to be read as if contained in Part 11 of the Town and Country Planning Act 1990 (c. 8),
“the Secretary of State and the appropriate Minister” is to be read as if contained in Part 11 of the Town and Country Planning Act 1990 (and any references to the Secretary of State and the appropriate Minister are, in relation to anything done or to be done by them, to be read as references to them acting jointly),
“statutory undertakers” means persons who are or are deemed to be statutory undertakers for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990; and “statutory undertaking” is to be read in accordance with section 262 of that Act (meaning of “statutory undertaker”).

2

In this Schedule, in relation to an order, any reference to making a final decision is a reference to deciding whether to make the order or what modification (if any) ought to be made.

SCHEDULE 5Amendments of the New Towns Act 1981

Section 50

I2611

The New Towns Act 1981 (c. 64) is amended as follows.

I4272

For the heading to Part 2 substitute “Transfers from and dissolution of development corporations etc.”.

I4283

For the italic heading before section 35 substitute “ Functions of Welsh Ministers in relation to certain transferred property ”.

I4294

Omit section 35 (establishment of Commission for the New Towns).

I2625

1

Section 36 (functions of Commission) is amended as follows.

2

For the heading substitute “Functions of Welsh Ministers”.

3

For subsection (1) substitute—

1
The Welsh Ministers may—
a
take over and, with a view to its eventual disposal, hold, manage and turn to account—
i
the property of the Commission for the New Towns transferred to them under a scheme made under section 51(1) of the Housing and Regeneration Act 2008;
ii
the property of development corporations transferred to them under this Act; and
iii
the property of urban development corporations transferred to them by order under section 165A of the Local Government, Planning and Land Act 1980; and
b
as soon as they consider it expedient to do so, dispose of property so transferred or any other property arising out of such property.
1A
In exercising their functions under subsection (1), the Welsh Ministers must have regard to the considerations specified in subsection (2).

4

Omit subsections (3) and (3A).

5

In subsection (4)—

a

for “Commission”, in the first two places where it appears, substitute “ Welsh Ministers ”, and

b

omit the words from “; nor shall any” to the end.

6

In subsection (4A)(a) for “Commission by order under section 165B” substitute “ Welsh Ministers by order under section 165A ”.

I2636

Omit sections 37 (restrictions on functions of Commission) and 38 (local authorities and work for the Commission).

I2647

1

Section 39 (power of development corporations to transfer undertakings) is amended as follows.

2

In subsection (1) for “Secretary of State” substitute “ appropriate national authority ”.

3

After section 41 insert—

41APart 2: interpretation
In this Part—
“the appropriate national authority”—
a
in relation to a development corporation established by order made by the Secretary of State, means the Secretary of State; and
b
in relation to a development corporation established by order made by the Welsh Ministers, means the Welsh Ministers;
“the relevant transferee”—
a
in relation to an order made under section 41 by the Secretary of State, means the Homes and Communities Agency; and
b
in relation to an order made under section 41 by the Welsh Ministers, means the Welsh Ministers.

a

omit “or the Commission”, and

b

for the words from “or the Commission (as the case may be)” to the end substitute “ may require for meeting its obligations or performing its functions ”.

4

In subsection (2)—

a

omit “or the Commission”, and

b

for “they may require for enabling them” substitute “ it may require for enabling it. ”

I43313

1

Section 60 (limit on borrowing by development corporations and Commission) is amended as follows.

2

In the heading, omit “and Commission”.

3

In subsection (1)—

a

at the end of paragraph (b), insert “ and ”,

b

omit paragraph (c) and the “and” following it,

c

in paragraph (d), for “(whether by development corporations or by the Commission)” substitute “ by development corporations ”, and

d

for “(2) to (4)” substitute “ (2) and (3) ”.

4

Omit subsection (4).

I43414

1

Section 61 (provisions supplemental to section 58) is amended as follows.

2

In subsection (1) for from the beginning of paragraph (a) to the end of paragraph (b) substitute “ to a development corporation under section 58(1) above ”.

3

In subsection (2) omit “, (5) or (6)”.

I43515

1

Section 62 (Treasury guarantees) is amended as follows.

2

In subsection (1) for “or the Commission borrow” substitute “ borrows ”.

3

In subsection (5) for the words from “or by the Commission” to “(as the case may be)” substitute “ , the corporation ”.

I43616

Omit section 62B (power to suspend loan obligations of development corporations and Commission).

I43717

1

Section 63 (Secretary of State's general power) is amended as follows.

2

In subsection (1) omit “or the Commission”.

3

In subsection (2) omit “or the Commission, as the case may be”.

I43818

1

Section 65 (disposal of surplus funds) is amended as follows.

2

In subsection (1) for the words from “, and with the Commission” to the end substitute “ and any development corporation, that the corporation has a surplus whether on capital or on revenue account after making allowance by way of transfer to reserve or otherwise for its future requirements ”.

3

In subsection (2) for “The Commission or that corporation, as the case may be,” substitute “ That corporation ”.

I43919

In section 66(1) (payments under sections 63 and 65 treated as repayments) for paragraph (a) and the “and” following it substitute—

a
as made by way of repayment of such part of the principal of advances under section 58(1) above, and

omit “the Commission or”, and

b

in paragraph (a), for “they are” substitute “ it is ”.

I44121

1

Section 68 (audit) is amended as follows.

2

In subsection (1)—

a

omit the words from “of the Commission” to “and the accounts”, and

b

omit “Commission or”.

3

Omit subsection (2A).

4

in subsection (3) omit “paragraph 12 of Schedule 11, and”.

I44730

Omit Schedule 9 (additional provisions as to the Commission).

I27031

1

Schedule 10 (additional provisions as to transfer to Commission of property of development corporation) is amended as follows.

2

In the heading, omit “to Commission”.

3

In paragraph 1—

a

for “Commission”, wherever appearing, substitute “ relevant transferee ”, and

b

in sub-paragraph (2)(c), for “, to the member” to the end substitute

—
i
in a case where the relevant transferee is the Homes and Communities Agency, to the member or member of staff of the Agency who corresponds as nearly as may be to the member or officer in question of the corporation; and
ii
in a case where the relevant transferee is the Welsh Ministers, to the member of staff of the Welsh Ministers who corresponds as mentioned in sub-paragraph (i) above.

b

for sub-paragraph (2) substitute—

2
Sub-paragraph (3) applies if, in the case of a development corporation established by the Secretary of State, the liabilities of the corporation for—
a
the repayment of advances under section 58(1) above; or
b
the payment of interest on such advances;
are transferred to the Homes and Communities Agency.
3
The following provisions apply to those advances—
a
section 61(2); and
b
section 66(1) but as if the reference to any payment under section 63 or 65 above were a reference to any sum received by the Secretary of State under section 25(2) of the Housing and Regeneration Act 2008.

I44832

1

Schedule 11 (saving and transitional provisions) is amended as follows.

2

In the italic heading before paragraph 3, omit “to Commission and”.

3

Omit paragraphs 3 and 5.

4

Omit paragraph 12 and the italic heading before it.

SCHEDULE 6Transfer schemes

Sections 51(3) and 65(3)

Creation and apportionment of property, rights and liabilities etc.

1I103

A 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.

2I104

1

A scheme may provide for the transfer of property, rights or liabilities that would not otherwise be capable of being transferred or assigned.

2

In particular, it 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.

3

It does not matter whether the provision referred to in sub-paragraph (2) has effect under an enactment or an agreement or in any other way.

3I105

A certificate by the Secretary of State that anything specified in the certificate has vested in any person by virtue of a scheme is conclusive evidence for all purposes of that fact.

Employment contracts

4I106

1

This paragraph applies if rights and liabilities under a contract of employment are transferred by virtue of a scheme.

2

The contract of employment—

a

is not terminated by the transfer, and

b

has effect from the transfer date as if made between the employee and the transferee.

3

The rights, powers, duties and liabilities of the transferor under or in connection with the contract are transferred to the transferee on the transfer date.

4

Anything done before the transfer date by or in relation to the transferor in respect of the contract or the employee is to be treated from that date as having been done by or in relation to the transferee.

5

In particular, a period of employment with the transferor is to be treated as a period of employment with the transferee (and the transfer is not to be treated as interrupting the continuity of that employment).

6

This paragraph is subject to paragraph 5.

5I107

1

Rights and liabilities under a contract of employment are not transferred by virtue of a scheme if the employee objects to the transfer and informs the transferor or transferee of that fact.

2

If the employee objects to the transfer and informs the transferor or transferee of that fact—

a

the employee's contract of employment is terminated immediately before the transfer date, but

b

the employee is not to be treated, for any purpose, as having been dismissed by the transferor.

6I108

If (apart from the change of employer) a substantial detrimental change is made to a person's working conditions, nothing in this Schedule affects any right the person has to terminate the person's contract of employment.

Civil servants treated as employed under a contract of employment etc.

7I109

1

This Schedule applies with the following modifications in relation to employment in the civil service of the Crown on terms which do not constitute a contract of employment.

2

An individual who holds employment in the civil service of the Crown immediately before the transfer date is to be treated as employed by virtue of a contract of employment.

3

The terms of the employment in the civil service of the Crown are to be regarded as constituting the terms of the contract of employment.

4

The reference in paragraph 5 to dismissal by the transferor is to termination of the employment in the civil service of the Crown.

Compensation

8I110

A scheme may contain provision for the payment of compensation by the Secretary of State to any person whose interests are adversely affected by it.

Continuity

9I111

2

Any references in the document to the transferor are to be read as references to the transferee.

Supplementary etc. provision

13I115

A scheme may include supplementary, incidental, transitional and consequential provision.

SCHEDULE 7Transfer schemes: tax

Sections 51(5), 65(5)

Overview

1I116

This Schedule makes provision about the fiscal effect of transfers under schemes made under sections 51 and 65.

Key concepts

2I117

SCHEDULE 8Amendments of enactments: Part 1

Section 56

Public Records Act 1958 (c. 51)

1I128

In Schedule 1 to the Public Records Act 1958 (definition of public records), at the end of paragraph 3, in Part 2 of the Table, insert at the appropriate place— “ The Homes and Communities Agency. ”

Land Compensation Act 1961 (c. 33)

I2722

In section 23(3) of the Land Compensation Act 1961 (compensation where planning decision made after acquisition: exclusions) for paragraph (d) and the word “or” before it substitute

or
d
under Part 1 of the Housing and Regeneration Act 2008 (acquisition by the Homes and Communities Agency).

Public Health Act 1961 (c. 64)

I2733

In Schedule 4 to the Public Health Act 1961 (attachment of street lighting equipment to certain buildings), in the first column of the Table, for the words from “Commission” to “1959” substitute “ Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008 ”.

Parliamentary Commissioner Act 1967 (c. 13)

I5004

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation)—

I499a

insert, at the appropriate place, “ Homes and Communities Agency ”,

I499b

insert, in the Notes after the paragraph relating to the Treasury—

Homes and Communities Agency
In the case of the Homes and Communities Agency no investigation is to be conducted in respect of any action in connection with functions in relation to town and country planning.

I500c

omit the entries for the Commission for the New Towns and the Urban Regeneration Agency, and

I500d

omit the Notes relating to the Commission for the New Towns and the Urban Regeneration Agency.

Leasehold Reform Act 1967 (c. 88)

I2745

The Leasehold Reform Act 1967 is amended as follows.

I2756

In section 28(5)(b) (retention or resumption of land required for public purposes) for “Commission for the New Towns” substitute “ new towns residuary body ”.

I2767

1

Section 29 (reservation of future right to develop) is amended as follows.

2

In subsection (6)—

a

in paragraph (a) for “Commission for the New Towns” substitute “ new towns residuary body ”, and

b

for “that Commission” substitute “ that residuary body ”.

3

In subsection (7) for “Commission for the New Towns” substitute “ Welsh new towns residuary body ”.

I2778

In section 30(7)(a) (reservation of right of pre-emption in new town or overspill area) for “Commission for the New Towns” substitute “ new towns residuary body ”.

I2789

In section 33 (Crown land) after subsection (2) insert—

2A
For the purposes of this Part of this Act, an interest belonging to the Welsh new towns residuary body in a tenancy of land is to be treated as if it were not an interest belonging to the Crown.

I27910

In section 37(1) (interpretation of Part 1) after paragraph (b) insert—

ba
“new towns residuary body” means—
i
in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008; and
ii
in relation to Wales, means the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981 (and references to the “Welsh new towns residuary body” shall be construed accordingly);

I28011

1

Schedule 4 (re-acquisition for development) is amended as follows.

2

In the heading for Part 2 for “New Towns Commission” substitute “ Welsh new towns residuary body ”.

3

In paragraph 4—

a

for “Commission for the New Towns” substitute “ Welsh new towns residuary body ”,

b

for “the Commission, the Commission” substitute “ that body, the body ”, and

c

omit the words from “be authorised” to “Government to”.

I28112

In paragraph 2(2)(c) of Schedule 4A (exclusion of certain shared ownership leases) for “Commission for the New Towns” substitute “ new towns residuary body ”.

National Loans Act 1968 (c. 13)

I44913

In Schedule 1 to the National Loans Act 1968 (Government lending and advances) in the entry relating to the New Towns Act 1981 (c. 64)—

a

in column 1 omit “(5)(6)”, and

b

in column 2 omit “and the Commission for the New Towns”.

Local Government Act 1972 (c. 70)

I28214

The Local Government Act 1972 is amended as follows.

I28315

1

Section 100J (application of Part 5A of the Act to new authorities, Common Council, etc.) is amended as follows.

2

In subsection (1) after paragraph (f) insert—

g
the Homes and Communities Agency so far as it is exercising functions conferred on it in relation to a designated area by virtue of a designation order.

3

After subsection (2) insert—

2A
In its application by virtue of subsection (1)(g) above in relation to the Homes and Communities Agency, a reference in this Part to the offices of the council (however expressed)—
a
is to be treated as a reference to such premises located within the designated area as the Homes and Communities Agency considers appropriate, and
b
in the application of section 100A(6)(a) above to a case where the meeting is to be held at premises other than those mentioned in paragraph (a) above, includes a reference to those other premises.

4

After subsection (3) insert—

3ZA
In its application by virtue of subsection (1)(g) above in relation to the Homes and Communities Agency, section 100E above shall have effect as if—
a
in subsection (2), paragraph (c) was omitted, and
b
in subsection (3), for paragraphs (a) to (c) there were substituted—
a
a committee established under paragraph 6(1) of Schedule 1 to the Housing and Regeneration Act 2008 for the purpose of exercising functions conferred on the Homes and Communities Agency in relation to a designated area by virtue of a designation order; or
b
a sub-committee of such a committee established under paragraph 6(2) of that Schedule to that Act for that purpose.
3ZB
In its application by virtue of subsection (1)(g) above in relation to the Homes and Communities Agency, section 100G(1) above shall have effect as if paragraph (a) was omitted.

5

After subsection (4A) insert—

4B
In this section “designated area” and “designation order” have the same meanings as in Part 1 of the Housing and Regeneration Act 2008.

I28416

In section 100K (interpretation and application of Part 5A) in the definition of “committee or sub-committee of a principal council” at the end insert “ (and see section 100J(3ZA)(b) above) ”.

Land Compensation Act 1973 (c. 26)

I28517

1

Section 39 of the Land Compensation Act 1973 (duty to rehouse residential occupiers) is amended as follows.

2

In subsection (4)(d) for “Commission for the New Towns” substitute “ new towns residuary body ”.

3

In subsection (8)—

a

in paragraph (a) for “Commission for the New Towns” substitute “ new towns residuary body ”, and

b

in paragraph (c) for “Commission for the New Towns, the Commission” substitute “ new towns residuary body, that body ”.

4

In subsection (9)—

a

after “section” insert

—
a

b

at the end insert—

b
“new towns residuary body” means—
i
in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008; and
ii
in relation to Wales, the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981.

Local Government Act 1974 (c. 7)

I28618

1

The Local Government Act 1974 is amended as follows.

2

In section 25(1) (authorities subject to investigation)—

a

omit paragraph (ba), and

b

in paragraph (bf), for “Urban Regeneration” substitute “ Homes and Communities ”.

3

In section 26(7) (matters subject to investigation)—

a

omit paragraph (a), and

b

in paragraph (ba)—

i

for “Urban Regeneration” substitute “ Homes and Communities ”, and

ii

for “Part III of the Leasehold Reform, Housing and Urban Development Act 1993” substitute “ Part 1 of the Housing and Regeneration Act 2008 ”.

4

In paragraph 8 of Schedule 5 (matters not subject to investigation) for “Urban Regeneration” substitute “ Homes and Communities ”.

House of Commons Disqualification Act 1975 (c. 24)

19 1I129

Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) is amended as follows.

2I129

Insert at the appropriate place— “ The Homes and Communities Agency. ”

3

Omit the entries relating to—

I450a

the Commission for the New Towns, and

I450b

the Urban Regeneration Agency.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

20 1I130

Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) is amended as follows.

2I130

Insert at the appropriate place— “ The Homes and Communities Agency. ”

I4513

Omit the entry relating to the Urban Regeneration Agency.

Race Relations Act 1976 (c. 74)

21 1I131

Schedule 1A to the Race Relations Act 1976 (bodies and other persons subject to general statutory duty) is amended as follows.

2I131

In Part 1, after paragraph 52, insert—

52A
The Homes and Communities Agency.

I4523

In Part 2, omit the entry relating to English Partnerships.

Rent (Agriculture) Act 1976 (c. 80)

I28722

1

Section 5 of the Rent (Agriculture) Act 1976 (no statutory tenancy where landlord's interest belongs to certain bodies) is amended as follows.

2

In subsection (3)(c) for “Commission for the New Towns” substitute “ English new towns residuary body ”.

3

After subsection (3) insert—

3A
In subsection (3)(c) above “English new towns residuary body” means the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008.

Rent Act 1977 (c. 42)

I28823

1

Section 14 of the Rent Act 1977 (landlord's interest belonging to local authority, etc.) is amended as follows.

2

At the beginning insert “(1)”.

3

In paragraph (d) for “Commission for the New Towns” substitute “ English new towns residuary body ”.

4

At the end insert—

2
In subsection (1)(d) “English new towns residuary body” means the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008.

Protection from Eviction Act 1977 (c. 43)

I28924

1

Section 3A of the Protection from Eviction Act 1977 (excluded tenancies and licences) is amended as follows.

2

In subsection (8)(c) for “Commission for the New Towns” substitute “ new towns residuary body ”.

3

After subsection (8) insert—

8A
In subsection (8)(c) above “new towns residuary body” means—
a
in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008; and
b
in relation to Wales, means the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981.

Local Government, Planning and Land Act 1980 (c. 65)

I29025

The Local Government, Planning and Land Act 1980 is amended as follows.

I29126

In section 4(4) (power to direct bodies to publish information) omit paragraph (b).

I29227

In section 93 (public bodies to whom Part 10 applies) after subsection (1) insert—

1A
Sections 95 to 96A also apply to the Homes and Communities Agency so far as it is exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008 (and references to a body to which this Part of this Act applies in those sections are to be read accordingly).

I29328

In section 99(4)(e) (directions to dispose of land: supplementary) omit “the Commission for the New Towns,”.

I29429

In section 165A(2) (transfer by order of property etc. of urban development corporations to the Secretary of State etc.)—

a

in paragraph (a) for the words from “177” to “Agency)” substitute “ 42 of the Housing and Regeneration Act 2008 (agency arrangements with urban development corporations) ”, and

b

in paragraph (b) for “subsection (2)” substitute “ subsections (5) and (6) ”.

I29530

In section 165B(2) (transfer by order of property etc. of urban development corporations to statutory bodies)—

a

in paragraph (a) for the words from “177” to “Agency)” substitute “ 42 of the Housing and Regeneration Act 2008 (agency arrangements with urban development corporations) ”, and

b

in paragraph (b) for “subsection (2)” substitute “ subsections (5) and (6) ”.

I29631

In Schedule 16 (bodies to whom Part 10 applies) omit paragraph 6.

Highways Act 1980 (c. 66)

I29732

1

Section 219 of the Highways Act 1980 (payments to be made by owners of new buildings in respect of street works) is amended as follows.

2

In subsection (4)(i)(iii), for “Commission for the New Towns” substitute “ new towns residuary body ”.

3

After subsection (4A) insert—

4B
In subsection (4)(i)(iii) “new towns residuary body” means—
a
in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008; and
b
in relation to Wales, the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981.

Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66)

I29833

1

The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as follows.

2

In section 15 (application of Act to orders under section 161(1) of the Leasehold Reform, Housing and Urban Development Act 1993) omit the words from “or under subsection (1)” to “similar provision)”.

3

In Schedule 2 (modifications of Act in certain cases)—

a

in paragraph 1 omit the words from “or under subsection (1)” to “contains similar provision)”, and

b

in paragraph 3 for “the housing action trust or the Urban Regeneration Agency (as the case may be)” substitute “ or the housing action trust (as the case may be) ”.

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

I29934

1

Paragraph 2 of Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 (street trading) is amended as follows.

2

In sub-paragraph (5)(b) for “Commission for the New Towns” substitute “ new towns residuary body ”.

3

After sub-paragraph (5) insert—

5A
In sub-paragraph (5)(b) above “new towns residuary body” means—
a
in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008; and
b
in relation to Wales, the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981.

Housing Act 1985 (c. 68)

35

In Schedule 5 to the Housing Act 1985 (exceptions to the right to buy) in paragraph 3, at the end insert “ , or section 19 of the Housing and Regeneration Act 2008 (financial assistance) which was a grant made on condition that the housing association provides social housing (and “provides social housing” has the same meaning as in Part 1 of that Act). ”

Landlord and Tenant Act 1985 (c. 70)

I30036

In section 38 (minor definitions) of the Landlord and Tenant Act 1985, in the definition of “new town corporation”, for paragraph (b) (and the word “or” immediately before it) substitute—

b
the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008, or
c
the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981;

Landlord and Tenant Act 1987 (c. 31)

I30137

The Landlord and Tenant Act 1987 is amended as follows.

I30238

In section 21(3)(a) (tenant's right to apply to tribunal for appointment of manager)—

a

after “by” insert

—
i

b

after “resident landlord,” insert

or
ii
the Welsh Ministers in their new towns residuary capacity,

I30339

In section 29(7)(a) (conditions for making acquisition orders)—

a

after “by” insert

—
i

b

after “resident landlord,” insert

or
ii
the Welsh Ministers in their new towns residuary capacity,

I30440

In section 58(1) (exempt landlords and resident landlords)—

a

in paragraph (b) omit “the Commission for the New Towns or”, and

b

after paragraph (de) insert—

df
the Homes and Communities Agency;

I30541

In section 60 (general interpretation) after subsection (1) insert—

1A
In this Act a reference to the Welsh Ministers in their new towns residuary capacity means the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981.

Income and Corporation Taxes Act 1988 (c. 1)

I30642

In section 376(4) of the Income and Corporation Taxes Act 1988 (qualifying borrowers and qualifying lenders) for paragraph (j) substitute—

j
the Homes and Communities Agency;

Local Government Act 1988 (c. 9)

I30743

In Schedule 2 to the Local Government Act 1988 (public supply or works contracts: public authorities) for “The Commission for the New Towns.” substitute— “ The Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008. ”

Housing Act 1988 (c. 50)

44

The Housing Act 1988 is amended as follows.

45

In the italic heading before section 50 omit “: functions of Relevant Authority”.

46

Omit sections 50 (housing association grants) and 51 (revenue deficit grants).

47

1

Section 52 (recovery etc. of grants) is amended as follows.

2

For “Relevant Authority”, wherever it appears, substitute “ appropriate authority ”.

3

In subsections (1) and (5)(b) for “housing association which is a registered social landlord” substitute “ relevant housing association ”.

4

After subsection (9) insert—

9A
In this section and sections 53 and 54—
“the appropriate authority”—
a
in relation to an English relevant housing association, means the Homes and Communities Agency, and
b
in relation to a Welsh relevant housing association, means the Welsh Ministers,
“relevant housing association” means—
a
a housing association which is a registered provider of social housing (“an English relevant housing association”), and
b
a housing association which is a registered social landlord (“a Welsh relevant housing association”).
9B
In this section a reference to registration as a provider of social housing, so far as the context permits, is to be construed as including, in relation to times, circumstances and purposes before the commencement of section 111 of the Housing and Regeneration Act 2008, a reference to registration under—
a
Part 1 of the Housing Act 1996,
b
Part 1 of the 1985 Act, or
c
any corresponding earlier enactment.

48

1

Section 53 (determinations under Part 2) is amended as follows.

2

In subsection (2) for “Housing Corporation” substitute “ Homes and Communities Agency ”.

3

In subsection (3) for “Relevant Authority”, in both places where it appears, substitute “ appropriate authority ”.

4

In subsection (4) for “any provision of sections 50 to” substitute “ section ”.

49

In section 54(2)(a) (tax relief grants) for “a registered social landlord” substitute “ a relevant housing association ”.

50

In section 59(1A) (interpretation of Part 2 etc.) for “50” substitute “ 52 ”.

Local Government and Housing Act 1989 (c. 42)

I30851

In section 172(8) of the Local Government and Housing Act 1989 (transfers of new town housing stock) in the definition of “new town corporation” omit “the Commission for the New Towns or”.

Town and Country Planning Act 1990 (c. 8)

I30952

1

Section 8A of the Town and Country Planning Act 1990 (the Urban Regeneration Agency) is amended as follows.

2

In the heading for “Urban Regeneration” substitute “ Homes and Communities ”.

3

In subsection (1)—

a

for “section 170 of the Leasehold Reform, Housing and Urban Development Act 1993” substitute “ section 13 of the Housing and Regeneration Act 2008 ”,

b

for “subsection (1) of section 171” substitute “ section 14(2) ”, and

c

for “Urban Regeneration” substitute “ Homes and Communities ”.

4

Omit subsection (2).

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

I31053

In Schedule 4 to the Planning (Listed Buildings and Conservation Areas) Act 1990 (further provisions as to exercise of functions by different authorities), in paragraph 2, for “and housing action areas” substitute “ , housing action areas and areas for which the Homes and Communities Agency is the local planning authority ”.

Planning (Hazardous Substances) Act 1990 (c. 10)

I31154

In section 3 of the Planning (Hazardous Substances) Act 1990 (hazardous substances authorities: special cases) for subsection (5A) substitute—

5A
The power to make a designation order under section 13 of the Housing and Regeneration Act 2008 which contains provision of the kind mentioned in section 14(3) of that Act does not extend to providing for the Homes and Communities Agency to be the hazardous substances authority (whether instead of, or concurrently with, a county council) in relation to land to which subsection (1) above applies.
5B
Subject to this, section 1 and this section are subject to any provision made by such an order.

Water Industry Act 1991 (c. 56)

I31255

The Water Industry Act 1991 is amended as follows.

I31356

In section 41(2)(d)(i) (power to require the provision of a water main) for “Commission for the New Towns” substitute “ new towns residuary body ”.

I31457

In section 97(5) (performance of sewerage undertaker's functions by local authorities etc.)—

a

in the definition of “relevant area” for paragraph (b) substitute—

b
in relation to the English new towns residuary body, means any new town in England;
ba
in relation to the Welsh new towns residuary body, means any new town in Wales;

b

in the definition of “relevant authority” in paragraph (b) for “Commission for the New Towns” substitute “ new towns residuary body ”.

I31558

In section 98 (power to require the provision of a public sewer etc.)—

a

in subsection (2)(d)(i) for “Commission for the New Towns” substitute “ new towns residuary body ”, and

b

in subsection (2A)(d)(i) for “Commission for the New Towns” substitute “ new towns residuary body ”.

I31659

In section 219(1) (general interpretation) after the definition of “navigation authority” insert—

“new towns residuary body” means—
a
in relation to a new town in England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) or (b) of the Housing and Regeneration Act 2008 (and references to the “English new towns residuary body” are to be read accordingly); and
b
in relation to a new town in Wales, the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) or (ii) of the New Towns Act 1981 (and references to the “Welsh new towns residuary body” are to be read accordingly);

Water Resources Act 1991 (c. 57)

I31760

1

Section 72 of the Water Resources Act 1991 (interpretation of Chapter 2 of Part 2) is amended as follows.

2

In subsection (2)(a)(iii) for “Commission for the New Towns” substitute “ new towns residuary body ”.

3

After subsection (2) insert—

2A
In subsection (2)(a)(iii) “new towns residuary body” means—
a
in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008; and
b
in relation to Wales, the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981.

Taxation of Chargeable Gains Act 1992 (c. 12)

I31962

In section 219(1) of the Taxation of Chargeable Gains Act 1992 (disposals by Housing Corporation etc.)—

a

in paragraph (a) before “disposes” insert “ or the Homes and Communities Agency ”,

b

in paragraph (d) at the end insert “ or the Homes and Communities Agency ”, and

c

in the words after paragraph (d)—

i

before “, relevant housing” insert “ , the Homes and Communities Agency ”, and

ii

before “or, as the case” insert “ , the Homes and Communities Agency ”.

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

I320 I45363

1

The Leasehold Reform, Housing and Urban Development Act 1993 is amended as follows.

2

Omit—

a

sections 158 to 173, 175, 177 and 183 to 185, and

b

Schedules 17 to 20,

(provisions about the Urban Regeneration Agency).

3

In section 188(6) (extent etc.) omit paragraph (b) and the “and” before it.

Finance Act 1996 (c. 8)

I32164

1

Section 43A of the Finance Act 1996 (landfill tax in relation to contaminated land) is amended as follows.

2

In subsection (5) omit paragraph (e).

3

In subsection (6) omit the definition of “English Partnerships”.

Housing Act 1996 (c. 52)

65

1

Section 28 of the Housing Act 1996 (grants under sections 50 to 54 of the Housing Act 1988) is amended as follows.

2

Omit subsections (1), (2) and (6).

3

In the heading for “ss 50 to 54” substitute “ Part 2 ”.

Regional Development Agencies Act 1998 (c. 45)

I32266

The Regional Development Agencies Act 1998 is amended as follows.

I32367

Omit section 36 (transfer of property etc. of Urban Regeneration Agency) and the italic heading before it.

I32468

Omit section 37 (powers in relation to the Urban Regeneration Agency).

I32569

In section 38(10) (corporation tax)—

a

in the definition of “qualifying transfer” omit paragraph (b), and

b

in the definition of “transfer scheme” for “any of sections 34 to 37” substitute “ section 34 or 35 ”.

I32670

In section 39(4)(b) (stamp duty) for “any of sections 34 to 37 and” substitute “ section 34 or 35 or ”.

I32771

Omit Schedule 9 (the Urban Regeneration Agency: transfer schemes).

Greater London Authority Act 1999 (c. 29)

I32872

The Greater London Authority Act 1999 is amended as follows.

I32973

1

Section 333A (the London housing strategy) is amended as follows.

2

In subsection (3)—

a

in paragraph (a) for “Housing Corporation for the purpose of making housing grant” substitute “ Homes and Communities Agency ”, and

b

in paragraph (b)—

i

for “Housing Corporation”, in the first place where it appears, substitute “ Homes and Communities Agency ”,

ii

for “making housing grant” substitute “ giving housing financial assistance ”, and

iii

omit the words from “(and see also” to the end of the paragraph.

3

In subsection (4)—

a

in paragraph (a)—

i

for “grant”, in both places where it appears, substitute “ housing financial assistance ”,

ii

for “made” substitute “ given ”, and

iii

for “payable” substitute “ given ”, and

b

in paragraph (b) for “grant” substitute “ housing financial assistance ”.

4

In subsection (8)(a) for “Housing Corporation” substitute “ Homes and Communities Agency ”.

5

In subsection (10)—

a

for the definition of “housing grant” substitute—

“housing financial assistance” means financial assistance given under section 19 of the Housing and Regeneration Act 2008 in connection with the provision of housing accommodation;

b

after the definition of “local housing authority” insert—

“provide”, in relation to houses or housing accommodation, includes—
a
provide by way of acquisition, construction, conversion, improvement or repair; and
b
provide indirectly;

c

omit the words from “and the reference” to the end.

I33074

In section 333D (duty to have regard to the London housing strategy)—

a

in the heading for “Housing Corporation” substitute “ Homes and Communities Agency ”, and

b

in subsection (1) for the words from “under” to “Corporation” substitute “ relating to Greater London and conferred by or under Part 1 of the Housing and Regeneration Act 2008 (other than any function conferred by virtue of section 13 or 14 of that Act), the Homes and Communities Agency ”.

I33175

1

Section 408 (transfers of property, rights or liabilities) is amended as follows.

2

In subsection (3) omit paragraphs (h) and (i).

3

Omit subsection (6).

I33276

In section 409 (transfer schemes) omit subsection (5).

Freedom of Information Act 2000 (c. 36)

77 1I132

Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities) is amended as follows.

2I132

Insert at the appropriate place— “ The Homes and Communities Agency. ”

I4543

Omit the entries relating to—

a

the Commission for the New Towns, and

b

the Urban Regeneration Agency.

Finance Act 2003 (c. 14)

I33378

The Finance Act 2003 is amended as follows.

I33479

In section 71(4) (certain acquisitions by registered social landlord exempt from charge to stamp duty land tax) after paragraph (c) insert—

ca
under section 19 of the Housing and Regeneration Act 2008 (financial assistance by the Homes and Communities Agency),

I33580

1

Schedule 9 (stamp duty land tax: right to buy, shared ownership leases etc.) is amended as follows.

2

In paragraph 1(3)—

a

after “and development corporations” insert “ etc. ”, and

b

for “Commission for the New Towns” substitute “ Homes and Communities Agency ”.

3

In paragraph 5(2) for paragraph (e) substitute—

e
the Homes and Communities Agency;

Planning and Compulsory Purchase Act 2004 (c. 5)

I33681

In section 37 of the Planning and Compulsory Purchase Act 2004 (interpretation of Part 2), after subsection (5), insert—

5A
Subsection (4) must also be construed subject to any designation order under section 13 of the Housing and Regeneration Act 2008 (power to make designation orders) providing that the Homes and Communities Agency is to be the local planning authority—
a
for an area specified in the order, and
b
for all purposes of this Part or any such purposes so specified.
5B
Where such an order makes such provision, the Homes and Communities Agency is the local planning authority for the area and the purposes concerned in place of any authority who would otherwise be the local planning authority for that area and those purposes.

Finance Act 2004 (c. 12)

I33782

In section 59(1)(f) of the Finance Act 2004 (contractors) for “Commission for the New Towns” substitute “ Homes and Communities Agency ”.

Local Government and Public Involvement in Health Act 2007 (c. 28)

I33883

In section 104(4) of the Local Government and Public Involvement in Health Act 2007 (partner authorities), after paragraph (e), insert—

ea
the Homes and Communities Agency;

SCHEDULE 9Amendments of enactments: Part 2

Section 277

Public Records Act 1958 (c. 51)

1I133

In Part 2 of the Table at the end of paragraph 3 of Schedule 1 to the Public Records Act 1958 (bodies whose records are public records) insert at the appropriate place— “ Office for Tenants and Social Landlords. ”

Parliamentary Commissioner Act 1967 (c. 13)

2 1I134

Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) is amended as follows.

2I134

Insert at the appropriate place— “ Office for Tenants and Social Landlords ”.

I4633

Omit the entry for the Housing Corporation.

House of Commons Disqualification Act 1975 (c. 24)

3 1I135

Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) is amended as follows.

2I135

Insert at the appropriate place— “ Office for Tenants and Social Landlords. ”

I4643

Omit the entry for the Housing Corporation.

Race Relations Act 1976 (c. 74)

I3424

In paragraph 52 of Part 1 of Schedule 1A to the Race Relations Act 1976 (bodies and other persons subject to general statutory duty) for “Housing Corporation” substitute “ Office for Tenants and Social Landlords ”.

Interpretation Act 1978 (c. 30)

5

In Schedule 1 to the Interpretation Act 1978 (defined expressions) at the appropriate place insert—

“Registered provider of social housing” has the meaning given by section 80(2) of the Housing and Regeneration Act 2008 (and “non-profit” and “profit-making” in connection with a provider have the meanings given by section 115 of that Act).

Local Government, Planning and Land Act 1980 (c. 65)

I3436

In Schedule 16 to the Local Government, Planning and Land Act 1980 (bodies to whom Part X applies) for paragraph 9 substitute—

9
The Regulator of Social Housing.

Inheritance Tax Act 1984 (c. 51)

7

In section 24A(2) of the Inheritance Tax Act 1984 (gifts to housing associations) before paragraph (a) insert—

za
a non-profit registered provider of social housing;

Housing Associations Act 1985 (c. 69)

8

The Housing Associations Act 1985 is amended as follows.

9

1

Section 9 (control by Corporation of disposals of land by housing associations) is amended as follows.

2

In subsection (1A)—

a

for “the relevant Corporation”, in both places, substitute “ the relevant regulator ”, and

b

for paragraphs (a) to (c) substitute—

a
if the land is in England, the Regulator of Social Housing, and
b
if the land is in Wales, the Welsh Ministers.

3

For subsection (6) substitute—

6
Consent under this section must be in writing.

4

For the heading substitute “ Control of disposals by unregistered housing associations ”.

10

1

Section 10 (dispositions excepted from section 9) is amended as follows.

2

In subsection (1) for paragraphs (a) to (c) substitute—

a
in the case of dispositions of land in England, the Regulator of Social Housing, and
b
in the case of dispositions of land in Wales, the Welsh Ministers.

3

Omit subsection (2)(e) and the “or” before it.

Income and Corporation Taxes Act 1988 (c. 1)

11

The Income and Corporation Taxes Act 1988 is amended as follows.

12

In section 376(4) (qualifying borrowers and qualifying lenders) for paragraph (k) substitute—

k
the Regulator of Social Housing,

13

In section 488(7A) (co-operative housing associations)—

a

at the beginning insert “In relation to a housing association which is a registered provider of social housing”, and

b

for paragraph (a) substitute “to the Regulator of Social Housing”.

14

In section 489(5A) (self-build societies) for “Housing Corporation” substitute “ Regulator of Social Housing ”.

15

In section 506B(9) (transactions with substantial donors: exceptions)—

a

for “registered social landlord or housing association”, in both places it appears, substitute “ relevant housing provider ”, and

b

in paragraph (a) after “body” insert “ which is a non-profit registered provider of social housing or which is ”.

Taxation of Chargeable Gains Act 1992 (c. 12)

16

The Taxation of Chargeable Gains Act 1992 is amended as follows.

17

1

Section 218 (disposals of land between the Housing Corporation, Secretary of State or Scottish Homes and housing associations) is amended as follows.

2

For “the Housing Corporation”, wherever appearing, substitute “ the Regulator of Social Housing ”.

3

For “the Corporation”, wherever appearing, substitute “ the Regulator ”.

4

In subsection (1)(a) after “Housing Associations Act 1985” insert “ , or in accordance with a requirement imposed under section 253 of the Housing and Regeneration Act 2008, ”.

5

In the heading to the section, and in the italic heading before it, for “Housing Corporation,” substitute “ Regulator of Social Housing, ”.

18

1

Section 219 (disposals by Housing Corporation, the Secretary of State, Scottish Homes and certain housing associations) is amended as follows.

2

In subsection (1)—

a

in paragraphs (a), (c) and (d) for “the Corporation” substitute “ a housing regulator ”,

b

for “relevant housing association” and “association”, wherever appearing, substitute “ relevant housing provider ”,

c

in paragraph (c) after “given under” insert “ section 167 of the Housing and Regeneration Act 2008, ”, and

d

in the words after paragraph (d) for “the Corporation”, wherever appearing, substitute “ the housing regulator ”.

3

In subsection (2)—

a

for “ “the Corporation” means the Housing Corporation” substitute “housing regulator” means the Regulator of Social Housing ”, and

b

for the definition of “relevant housing association” substitute—

“relevant housing provider” means—
a
a non-profit registered provider of social housing,
b
a registered social landlord within the meaning of Part 1 of the Housing Act 1996, or
c
a body registered in the register maintained under section 57 of the Housing (Scotland) Act 2001.

4

For the heading substitute “Disposals by housing related bodies”.

19

1

Section 259 (gifts to housing associations) is amended as follows.

2

In subsection (1)(a) for “relevant housing association” substitute “ relevant housing provider ”.

3

In subsections (1)(b) and (2) for “association”, wherever appearing, substitute “ relevant housing provider ”.

4

For subsection (3) substitute—

3
In this section “relevant housing provider” means—
a
a non-profit registered provider of social housing,
b
a registered social landlord within the meaning of Part 1 of the Housing Act 1996,
c
a body registered in the register maintained under section 57 of the Housing (Scotland) Act 2001, or
d
a registered housing association within the meaning of Part 2 of the Housing (Northern Ireland) Order 1992.

Audit Commission Act 1998 (c. 18)

20

The Audit Commission Act 1998 is amended as follows.

21

For section 40 substitute—

40Studies relating to registered providers of social housing
1
The Commission may promote or undertake studies designed to improve the economy, efficiency and effectiveness of registered providers of social housing.
2
The Commission may charge fees for promoting or undertaking studies under subsection (1) at the request of the Regulator of Social Housing.
3
The Commission shall send the Regulator of Social Housing a report on any study under this section.
4
The Commission may publish the report.

22

Omit sections 41 to 41B (functions in relation to registered social landlords).

paragraph (a) of the definition of “Audit Commission inspection”, and

b

paragraph (e) of the definition of “national studies functions”.

Freedom of Information Act 2000 (c. 36)

28 1I136

Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities) is amended as follows.

2I136

Insert at the appropriate place— “ Office for Tenants and Social Landlords. ”

I4653

Omit the entry for the Housing Corporation.

Finance Act 2003 (c. 14)

29

b

after “The Northern Ireland Housing Executive” insert— “ A non-profit registered provider of social housing ”.

3

In paragraph 1(5) after “social landlord” insert “ or registered provider of social housing ”.

4

After paragraph 1(5) insert—

6
A grant under section 19 of the Housing and Regeneration Act 2008 which—
a
is made by virtue of section 35 of that Act, or
b
is otherwise made to a relevant provider of social housing (within the meaning of section 35 of that Act) in respect of discounts given by the provider on disposals of dwellings to tenants,
does not count as part of the chargeable consideration for a right to buy transaction to which the vendor is a relevant provider of social housing.

Finance Act 2004 (c. 12)

33

In section 59(1)(h) of the Finance Act 2004 (contractors) for “Housing Corporation” substitute “ Regulator of Social Housing ”.

Income Tax Act 2007 (c. 3)

34

In section 555 of the Income Tax Act 2007 (transactions with substantial donors: exceptions)—

a

in subsections (2) and (3) for “registered social landlord or housing association” substitute “ relevant housing provider ”, and

b

in subsection (3) after “body” insert “ which is a non-profit registered provider of social housing or which is ”.

SCHEDULE 10Penalty charge notices

Section 285(3)

Contents of notice

1

A penalty charge notice given to a person under section 285 by an officer of an enforcement authority must—

a

state the officer's belief that the person has committed a breach of duty,

b

give such particulars of the circumstances as may be necessary to give reasonable notice of the breach of duty,

c

require the person, within a period specified in the notice—

i

to pay a penalty charge specified in the notice, or

ii

to give notice to the enforcement authority that the person wishes the authority to review the notice,

d

state the effect of paragraph 7,

e

specify the person to whom, and the address at which, the penalty charge may be paid and the method or methods by which payment may be made, and

f

specify the person to whom, and the address at which, a notice requesting a review may be sent (and to which any representations relating to the review may be addressed).

2

The penalty charge specified in the notice shall be of such amount (not exceeding £1,000) as may be prescribed for the time being by regulations made by the appropriate national authority.

3

1

The period specified under paragraph 1(c) must not be less than 28 days beginning with the day after that on which the penalty charge notice was given.

2

The enforcement authority may extend the period for complying with the requirement mentioned in paragraph 1(c) in any particular case if it considers it appropriate to do so.

Review and withdrawal of notice

4

8

In proceedings for the recovery of the penalty charge, a certificate which—

a

purports to be signed by, or on behalf of, the person having responsibility for the financial affairs of the enforcement authority, and

b

states that payment of the penalty charge was, or was not, received by a date specified in the certificate,

is evidence of the facts stated.

Repayments

9

The enforcement authority must repay any amount previously paid as a penalty charge in pursuance of a penalty charge notice if the notice is withdrawn or quashed.

Supplementary

10

1

A penalty charge notice and any other notice mentioned in this Schedule may be given by post.

2

Any such notice may be given—

a

in the case of a body corporate (other than a limited liability partnership), to the secretary or clerk of that body,

b

in the case of a limited liability partnership, to any member or to any person having control or management of the partnership business,

c

in the case of any other partnership, to any partner or to any person having control or management of the partnership business, and

d

in the case of an unincorporated association, to any member or to any person having control or management of the affairs of the association.

11

1

The appropriate national authority may by regulations make provision supplementary or incidental to the preceding provisions of this Schedule.

2

Such provision may, in particular, include—

a

provision prescribing—

i

the form of penalty charge notices or any other notice mentioned in this Schedule,

ii

circumstances in which penalty charge notices may not be given,

iii

the method or methods by which penalty charges may be paid,

b

provision about the service of notices.

SCHEDULE 11Possession orders relating to certain tenancies

Section 299

Part 1Amendments to the Housing Acts of 1985, 1988 and 1996

Housing Act 1985 (c. 68)

I4721

The Housing Act 1985 is amended as follows.

I4732

1

Section 82 (security of tenure: date on which secure tenancy comes to an end as a result of a possession order etc.) is amended as follows.

2

In subsection (1) for “by obtaining an order” substitute “ as ”.

3

For subsections (1A) and (2) substitute—

1A
The tenancy may be brought to an end by the landlord—
a
obtaining—
i
an order of the court for the possession of the dwelling-house, and
ii
the execution of the order,
b
obtaining an order under subsection (3), or
c
obtaining a demotion order under section 82A.
2
In the case mentioned in subsection (1A)(a), the tenancy ends when the order is executed.

3 I4741

Section 85 (extended discretion of court in certain proceedings for possession) is amended as follows.

I4742

In subsection (3)(a) omit the words from “or payments” to “profits),”.

3

For subsection (4) substitute—

4
The court may discharge or rescind the order for possession if it thinks it appropriate to do so having had regard to—
a
any conditions imposed under subsection (3), and
b
the conduct of the tenant in connection with those conditions.

I4744

Omit subsections (5) and (5A).

I4754

In Schedule 3 (grounds for withholding consent to assignment by way of exchange) for Ground 1 substitute—

Ground 1
The tenant or the proposed assignee is subject to an order of the court for the possession of the dwelling-house of which he is the secure tenant.

Housing Act 1988 (c. 50)

I4765

The Housing Act 1988 is amended as follows.

I4776

1

Section 5 (security of tenure) is amended as follows.

2

For subsection (1) substitute—

1
An assured tenancy cannot be brought to an end by the landlord except by—
a
obtaining—
i
an order of the court for possession of the dwelling-house under section 7 or 21, and
ii
the execution of the order,
b
obtaining an order of the court under section 6A (demotion order), or
c
in the case of a fixed term tenancy which contains power for the landlord to determine the tenancy in certain circumstances, by the exercise of that power,
and, accordingly, the service by the landlord of a notice to quit is of no effect in relation to a periodic assured tenancy.
1A
Where an order of the court for possession of the dwelling-house is obtained, the tenancy ends when the order is executed.

3

In subsection (2)(a) after “court” insert “ of the kind mentioned in subsection (1)(a) or (b) or any other order of the court ”.

I4787

In section 7(7) (possession orders in cases of fixed term tenancies which have come to an end) for “on the day on which the order takes effect” substitute “ in accordance with section 5(1A) ”.

8 I4791

Section 9 (extended discretion of court in possession claims) is amended as follows.

I4792

In subsection (3) omit the words from “or payments” to “profits)”.

3

For subsection (4) substitute—

4
The court may discharge or rescind any such order as is referred to in subsection (2) if it thinks it appropriate to do so having had regard to—
a
any conditions imposed under subsection (3), and
b
the conduct of the tenant in connection with those conditions.

I4794

Omit subsections (5) and (5A).

I4809

1

Section 21 (recovery of possession on expiry or termination of assured shorthold tenancies) is amended as follows.

2

In subsection (3) for “on the day on which the order takes effect” substitute “ in accordance with section 5(1A) ”.

3

After subsection (4) insert—

4A
Where a court makes an order for possession of a dwelling-house by virtue of subsection (4) above, the assured shorthold tenancy shall end in accordance with section 5(1A).

Housing Act 1996 (c. 52)

I48110

The Housing Act 1996 is amended as follows.

I48211

1

Section 127 (introductory tenancies: proceedings for possession) is amended as follows.

2

In subsection (1) for the words from “an order” to the end substitute

—
a
an order of the court for the possession of the dwelling-house, and
b
the execution of the order.

3

After subsection (1) insert—

1A
In such a case, the tenancy ends when the order is executed.

4

In subsection (2) for “such an order” substitute “ an order of the kind mentioned in subsection (1)(a) ”.

5

Omit subsection (3).

I48312

1

Section 130 (introductory tenancies: effect of beginning proceedings for possession) is amended as follows.

2

In subsection (2)(a) for the words from “in pursuance of”, where they first appear, to “of the court)” substitute “ in accordance with section 127(1A) ”.

3

In subsection (3)(b) for “127(2) and (3)” substitute “ 127(1A) and (2) ”.

I48413

1

Section 143D (demoted tenancies: proceedings for possession) is amended as follows.

2

In subsection (1) for the words from “an order” to the end substitute

—
a
an order of the court for the possession of the dwelling-house, and
b
the execution of the order.

3

After subsection (1) insert—

1A
In such a case, the tenancy ends when the order is executed.

4

Omit subsection (3).

Transitional provisions

14 I4851

Subject as follows, this Part of this Schedule does not apply to any possession order made before the commencement date.

I4852

This Part of this Schedule does apply to a possession order made before the commencement date if the order applies to—

a

a new tenancy by virtue of paragraph 20, or

b

a tenancy which has not ended pursuant to the order before that date.

3

Paragraphs 3(3) and 8(3) apply to any possession order regardless of when it was made.

I4854

In determining for the purposes of sub-paragraph (2) whether a tenancy has ended, any ending which was temporary because the tenancy was restored in consequence of a court order is to be ignored.

I4855

In this paragraph “the commencement date” means the day on which section 299 comes into force for purposes other than the purposes of the Secretary of State or the Welsh Ministers making orders under Part 2 of this Schedule.

C3 C4Part 2Replacement of certain terminated tenancies

Annotations:

Modifications etc. (not altering text)

Sch. 11 Pt. 2 applied (with modifications) (E.) (20.5.2009) by Housing (Replacement of Terminated Tenancies) (Successor Landlords) (England) Order 2009 (S.I. 2009/1262), arts. 1(1), arts. 2-7

Sch. 11 Pt. 2 applied (with modifications) (W.) (21.5.2009) by Housing (Replacement of Terminated Tenancies) (Successor Landlords) (Wales) Order 2009 (S.I. 2009/1260), arts. 1(1), arts. 2-7

Circumstances in which replacement tenancies arise

I353 I486 C315

In this Part of this Schedule “an original tenancy” means any secure tenancy, assured tenancy, introductory tenancy or demoted tenancy—

a

in respect of which a possession order was made before the commencement date, and

b

which ended before that date pursuant to the order but not on the execution of the order.

the ex-tenant subsequently resumes occupation of the dwelling-house as the ex-tenant's only or principal home.

7

The appropriate national authority may by order provide for particular cases or descriptions of case, or particular circumstances, where the home condition is met where it would not otherwise be met.

Nature of replacement tenancies

I355 I488 C317

The new tenancy is to be—

a

a secure tenancy if—

i

the original tenancy was a secure tenancy, or

Any court orders made before the commencement date which—

a

are in force on that date,

b

relate to the occupation of the dwelling-house, and

c

were made in contemplation of, in consequence of or otherwise in connection with the possession order,

on the commencement date, belongs to the person to whom it has been transferred or a subsequent transferee.

Supplementary

I363 I496 C325

In determining for the purposes of this Part of this Schedule whether a tenancy has ended, any ending which was temporary because the tenancy was restored in consequence of a court order is to be ignored.

I364 I497 C326

1

In this Part of this Schedule—

“appropriate national authority” means—
1. a
  in relation to a dwelling-house in England, the Secretary of State, and
2. b
  in relation to a dwelling-house in Wales, the Welsh Ministers,
“assured shorthold tenancy” and “assured tenancy” have the same meanings as in Part 1 of the Housing Act 1988 (c. 50) but do not include a demoted tenancy to which section 20B of that Act applies,
“the commencement date” means the day on which section 299 comes into force for purposes other than the purposes of the Secretary of State or the Welsh Ministers making orders under this Part of this Schedule,
“demoted tenancy” means a tenancy to which section 20B of the Act of 1988 or section 143A of the Housing Act 1996 (c. 52) applies,
“dwelling-house”—
1. a
  in relation to an assured tenancy, or a tenancy to which section 20B of the Act of 1988 applies, has the same meaning as in Part 1 of that Act,
2. b
  in relation to a tenancy to which section 143A of the Act of 1996 applies, has the same meaning as in Chapter 1A of Part 5 of that Act,
3. c
  in relation to an introductory tenancy, has the meaning given by section 139 of the Act of 1996, and
4. d
  in relation to a secure tenancy, has the meaning given by section 112 of the Housing Act 1985 (c. 68),
“ex-landlord” means the person who was the landlord under an original tenancy,
“ex-tenant” means the person who was the tenant under an original tenancy,
“introductory tenancy” has the same meaning as in Chapter 1 of Part 5 of the Act of 1996,
“modification” includes omission,
“new tenancy” means a tenancy which is treated as arising by virtue of paragraph 16,
“original tenancy” has the meaning given by paragraph 15,
“possession order”, in relation to a tenancy, means a court order for the possession of the dwelling-house,
“secure tenancy” has the same meaning as in Part 4 of the Act of 1985,
“successor”—
1. a
  in relation to a new tenancy which is an assured tenancy or which is a demoted tenancy to which section 20B of the Act of 1988 applies, has the same meaning as in section 17 of that Act,
2. b
  in relation to a new tenancy which is a demoted tenancy to which section 143A of the Act of 1996 applies, has the meaning given by section 143J of that Act,
3. c
  in relation to a new tenancy which is an introductory tenancy, has the same meaning as in section 132 of the Act of 1996, and
4. d
  in relation to a new tenancy which is a secure tenancy, has the same meaning as in section 88 of the Act of 1985.
“termination period” has the meaning given by paragraph 16(3).

2

For the purposes of the definition of “appropriate national authority” in sub-paragraph (1) a dwelling-house which is partly in England and partly in Wales is to be treated—

a

as being in England if it is treated as situated in the area of a billing authority in England by virtue of regulations under section 1(3) of the Local Government Finance Act 1992 (c. 14) (council tax in respect of dwellings), and

b

as being in Wales if it is treated as situated in the area of a billing authority in Wales by virtue of regulations under that section.

SCHEDULE 12Service charges: provision of information and designated accounts

Section 303

Landlord and Tenant Act 1985 (c. 70)

I3671

The Landlord and Tenant Act 1985 is amended as follows.

I3682

For section 21 (as substituted by section 152 of the Commonhold and Leasehold Reform Act 2002 (c. 15)) (regular statements of account) substitute—

21Service charge information
1
The appropriate national authority may make regulations about the provision, by landlords of dwellings to each tenant by whom service charges are payable, of information about service charges.
2
The regulations must, subject to any exceptions provided for in the regulations, require the landlord to provide information about—
a
the service charges of the tenant,
b
any associated service charges, and
c
relevant costs relating to service charges falling within paragraph (a) or (b).
3
The regulations must, subject to any exceptions provided for in the regulations, require the landlord to provide the tenant with a report by a qualified person on information which the landlord is required to provide by virtue of this section.
4
The regulations may make provision about—
a
information to be provided by virtue of subsection (2),
b
other information to be provided (whether in pursuance of a requirement or otherwise),
c
reports of the kind mentioned in subsection (3),
d
the period or periods in relation to which information or reports are to be provided,
e
the times at or by which information or reports are to be provided,
f
the form and manner in which information or reports are to be provided (including in particular whether information is to be contained in a statement of account),
g
the descriptions of persons who are to be qualified persons for the purposes of subsection (3).
5
Subsections (2) to (4) do not limit the scope of the power conferred by subsection (1).
6
Regulations under this section may—
a
make different provision for different cases or descriptions of case or for different purposes,
b
contain such supplementary, incidental, consequential, transitional, transitory or saving provision as the appropriate national authority considers appropriate.
7
Regulations under this section are to be made by statutory instrument which, subject to subsections (8) and (9)—
a
in the case of regulations made by the Secretary of State, is to be subject to annulment in pursuance of a resolution of either House of Parliament, and
b
in the case of regulations made by the Welsh Ministers, is to be subject to annulment in pursuance of a resolution of the National Assembly for Wales.
8
The Secretary of State may not make a statutory instrument containing the first regulations made by the Secretary of State under this section unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
9
The Welsh Ministers may not make a statutory instrument containing the first regulations made by the Welsh Ministers under this section unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
10
In this section—
“the appropriate national authority”—
a
in relation to England, means the Secretary of State, and
b
in relation to Wales, means the Welsh Ministers,
“associated service charges”, in relation to a tenant by whom a contribution to relevant costs is payable as a service charge, means service charges of other tenants so far as relating to the same costs.

I3693

1

Section 21A (withholding of service charges) is amended as follows.

2

For subsection (1) substitute—

1
A tenant may withhold payment of a service charge if—
a
the landlord has not provided him with information or a report—
i
at the time at which, or
ii
(as the case may be) by the time by which,
he is required to provide it by virtue of section 21, or
b
the form or content of information or a report which the landlord has provided him with by virtue of that section (at any time) does not conform exactly or substantially with the requirements prescribed by regulations under that section.

3

In subsection (2)—

a

in paragraph (a) for “accounting period to which the document” substitute “ period to which the information or report ”, and

b

for paragraph (b) substitute—

b
amounts standing to the tenant's credit in relation to the service charges at the beginning of that period.

4

In subsection (3)—

a

in paragraph (a) for “document concerned has been supplied” substitute “ information or report concerned has been provided ”, and

b

for paragraph (b) substitute—

b
in a case within paragraph (b) of that subsection, after information or a report conforming exactly or substantially with requirements prescribed by regulations under section 21 has been provided to the tenant by the landlord by way of replacement of that previously provided.

in paragraph (a) after “23” insert “ and any regulations under section 21 ”, and

b

after paragraph (b) insert

and
c
any regulations under section 21 apply subject to any modifications contained in the regulations.

I3737

In section 26(1) (exception: tenants of certain public authorities) for “statements of account” substitute “ service charge information, reports on such information ”.

I3748

In section 27 (exception: rent registered and not entered as variable) for “statements of account” substitute “ service charge information, reports on such information ”.

I3759

Omit section 28 (meaning of “qualified accountant”).

I37610

In section 39 (index of defined expressions) omit the entry in the Table for “qualified accountant”.

Landlord and Tenant Act 1987 (c. 31)

I37811

The Landlord and Tenant Act 1987 is amended as follows.

I37912

1

Section 42A (service charge contributions to be held in designated account) is amended as follows.

2

In subsection (2)—

a

for paragraph (b) substitute—

b
any other sums held in the account are sums standing to the credit of one or more other trust funds,

b

for “Secretary of State” substitute “ appropriate national authority ”.

3

After subsection (2) insert—

2A
The appropriate national authority may by regulations ensure that a payee who holds more than one trust fund in the same designated account cannot move any of those funds to another designated account unless conditions specified in the regulations are met.

4

In subsection (3)(a)—

a

after “subsection (1) is” insert “ , or regulations under subsection (2A) are, ”, and

b

for “them” substitute “ such documents ”.

5

In subsections (5), (6), (7) and (8) for “this section” substitute “ subsection (3) ”.

6

After subsection (9) insert—

9A
Regulations under subsection (2A) may include provision about —
a
the circumstances in which a contributing tenant who has reasonable grounds for believing that the payee has not complied with a duty imposed on him by the regulations may withhold payment of a service charge,
b
the period for which payment may be so withheld,
c
the amount of service charge that may be so withheld;
and the regulations may provide that any provisions of the contributing tenant's tenancy relating to non-payment or late payment of service charge do not have effect in relation to the period for which the payment is so withheld.

7

In subsection (10)—

a

after “this section” insert “ or in regulations under subsection (2A) ”, and

b

for “Secretary of State” substitute “ appropriate national authority ”.

8

After subsection (10) insert—

10A
Regulations under this section may—
a
make different provision for different cases, including different provision for different areas,
b
contain such supplementary, incidental, consequential, transitional, transitory or saving provision as the appropriate national authority considers appropriate.
10B
Regulations under this section are to be made by statutory instrument which—
a
in the case of regulations made by the Secretary of State, is to be subject to annulment in pursuance of a resolution of either House of Parliament, and
b
in the case of regulations made by the Welsh Ministers, is to be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

9

In subsection (11)—

a

after “section—” insert—

“the appropriate national authority”—
a
in relation to England, means the Secretary of State, and
b
in relation to Wales, means the Welsh Ministers,

b

in the definition of “relevant financial institution” for “Secretary of State” substitute “ appropriate national authority ”.

I38013

1

Section 53 (regulations and orders) is amended as follows.

2

In subsection (2)(b) omit “or 42A”.

3

After subsection (2) insert—

3
This section does not apply to any power to make regulations under section 42A.

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

14

The Leasehold Reform, Housing and Urban Development Act 1993 is amended as follows.

15

1

Section 78 (management audits) is amended as follows.

2

In subsection (4) for paragraphs (a) and (b), and the “and” following paragraph (b), substitute—

a
he is—
i
a member of a body which is a recognised supervisory body for the purposes of Part 42 of the Companies Act 2006;
ii
a qualified surveyor; or
iii
where the landlord is a relevant landlord, a member of the Chartered Institute of Public Finance and Accountancy;
b
he is not any of the following—
i
an officer, employee or partner of the landlord or, where the landlord is a company, of an associated company;
ii
a person who is a partner or employee of any such officer or employee;
iii
an agent of the landlord who is a managing agent for any premises to which the audit in question relates; or
iv
an employee or partner of any such agent; and

3

After subsection (5) insert—

5A
For the purposes of subsection (4)(b)(i) above a company is associated with a landlord company if it is the landlord's holding company, a subsidiary of the landlord or another subsidiary of the landlord's holding company.
5B
Subsection (4)(b)(i) does not apply where the landlord is a relevant landlord.
5C
For the purposes of subsection (4)(b)(iii) above a person is a managing agent for any premises if he has been appointed to discharge any of the landlord's obligations relating to the management by the landlord of the premises.

4

After subsection (6) insert—

7
In this section—
“holding company” and “subsidiary” have the meanings given by section 1159 of the Companies Act 2006;
“relevant landlord” means—
a
a local authority (within the meaning of the Landlord and Tenant Act 1985);
b
a National Park authority; or
c
a new town corporation (within the meaning of the Act of 1985).

16

In section 79(2)(a) (rights exercisable in connection with management audits)—

a

for the words from “the matters” to “supplied” substitute “ information required to be provided ”, and

b

for “under” substitute “ by virtue of ”.

SCHEDULE 13Demolition notices

Section 305

Final demolition notices

1

Schedule 5 to the Housing Act 1985 (c. 68) (exceptions to the right to buy: final demolition notices) is amended as follows.

2

1

Paragraph 13 (final demolition notices) is amended as follows.

2

In sub-paragraph (5) (period of validity of final demolition notices)—

a

omit the “and” following paragraph (a),

b

in paragraph (b) for “(7)” substitute “ (7A) ”, and

c

after paragraph (b) insert

, and
c
the provisions of paragraph 15A

3

In sub-paragraph (9) (certain references to landlord to include superior landlord) after “15” insert “ (other than paragraph 15(7A) ”.

3

1

Paragraph 15 (extension or revocation etc. of final demolition notices) is amended as follows.

2

After sub-paragraph (7) (revocation notices) insert—

7A
Sub-paragraphs (4) to (7) do not apply if the landlord is selling or otherwise transferring his interest as landlord to another person or is offering it for sale or for other transfer.

3

In sub-paragraph (8) (restrictions on service of further notices)—

a

after “final demolition notice”, where it first appears, insert “ (“the earlier notice”) ”,

b

after “final demolition notice”, where it appears for a second time, insert “ (and no initial demolition notice) ”,

c

after “in respect of it” insert “ , by the landlord who served the earlier notice or any landlord who served a continuation notice in respect of the earlier notice, ”,

d

after “when the” insert “ earlier ”, and

e

in paragraph (a) for “it” substitute “ the further final demolition notice (or, as the case may be, the initial demolition notice) ”.

4

After sub-paragraph (9) insert—

10
In sub-paragraph (8) “initial demolition notice” has the meaning given by paragraph 1 of Schedule 5A (initial demolition notices).

4

After paragraph 15 insert—

15A
1
This paragraph applies if—
a
a final demolition notice is in force in respect of a dwelling-house, and
b
the landlord transfers his interest as landlord to another person.
2
The final demolition notice (“the original notice”) continues in force but this is subject to—
a
paragraphs 13(5) and 15, and
b
the following provisions of this paragraph.
3
Sub-paragraph (4) applies if the transferee—
a
intends to demolish the dwelling-house, but
b
has not—
i
served a continuation notice, and
ii
complied with the conditions in sub-paragraphs (8) and (10),
within the period of 2 months beginning with the date of transfer.
4
The transferee must proceed under paragraph 15(4) as if the transferee has decided not to demolish the dwelling-house (and paragraph 15(5) to (7) applies on the same basis).
5
A continuation notice is a notice—
a
stating that the transferee—
i
has acquired the interest concerned, and
ii
intends to demolish the dwelling-house or (as the case may be) the building containing it (“the relevant premises”),
b
setting out the reasons why the transferee intends to demolish the relevant premises,
c
stating that one of conditions A to C in paragraph 14 is satisfied in relation to the original notice (specifying the condition concerned),
d
stating that the original notice is to continue in force, and
e
explaining the continued effect of the original notice.
6
A continuation notice may not vary the proposed demolition date in the original notice nor the date when the original notice will cease to be in force.
7
Sub-paragraph (8) applies if—
a
the dwelling-house is contained in a building which contains one or more other dwelling-houses, and
b
the transferee intends to demolish the whole of the building.
8
The transferee must serve a continuation notice on the occupier of each of the dwelling-houses contained in the building (whether addressed to him by name or just as “the occupier”).
9
An accidental omission to serve a continuation notice on one or more occupiers does not prevent the condition in sub-paragraph (8) from being satisfied.
10
Paragraph 13(7) and (8) apply in relation to the transferee's intention to demolish so as to impose a condition on the transferee for a notice to appear within the period of 2 months beginning with the date of transfer.
11
Sub-paragraphs (7) to (10) above apply instead of paragraph 13(6) to (8) in relation to a final demolition notice so far as continued in force under this paragraph.

5

In paragraph 16(1) (notices under paragraphs 13 and 15) for “or 15” substitute “ , 15 or 15A ”.

Initial demolition notices

6

Schedule 5A to the Housing Act 1985 (c. 68) (initial demolition notices) is amended as follows.

7

In paragraph 1(4)(b) (initial demolition notices: maximum specified period to carry out demolition) for “five” substitute “ seven ”.

8

In paragraph 2(1) (period of validity of initial demolition notices) for “paragraph 3” substitute “ paragraphs 3 and 3A ”.

9

In paragraph 3(1) (revocation of initial demolition notices: application of paragraph 15(4) to (7) of Schedule 5 to that Act) for “(7)” substitute “ (7A) ”.

10

After paragraph 3 insert—

Transfer of initial demolition notices
3A
1
This paragraph applies if—
a
an initial demolition notice is in force in respect of a dwelling-house, and
b
the landlord transfers his interest as landlord to another person.
2
The initial demolition notice (“the original notice”) continues in force but this is subject to—
a
paragraphs 2 and 3, and
b
the following provisions of this paragraph.
3
Sub-paragraph (4) applies if the transferee—
a
intends to demolish the dwelling-house, but
b
has not—
i
served a continuation notice, and
ii
complied with the conditions in sub-paragraphs (8) and (10),
within the period of 2 months beginning with the date of transfer.
4
The transferee must proceed under paragraph 15(4) of Schedule 5 as applied by paragraph 3(1) above as if the transferee has decided not to demolish the dwelling-house (and paragraph 15(5) to (7) of that Schedule as so applied applies on the same basis).
5
A continuation notice is a notice—
a
stating that the transferee—
i
has acquired the interest concerned, and
ii
intends to demolish the dwelling-house or (as the case may be) the building containing it (“the relevant premises”),
b
setting out the reasons why the transferee intends to demolish the relevant premises,
c
stating that the original notice is to continue in force, and
d
explaining the continued effect of the original notice.
6
A continuation notice may not vary the period specified in the original notice in accordance with paragraph 1(1)(c).
7
Sub-paragraph (8) applies if—
a
the dwelling-house is contained in a building which contains one or more other dwelling-houses, and
b
the transferee intends to demolish the whole of the building.
8
The transferee must serve a continuation notice on the occupier of each of the dwelling-houses contained in the building (whether addressed to him by name or just as “the occupier”).
9
An accidental omission to serve a continuation notice on one or more occupiers does not prevent the condition in sub-paragraph (8) from being satisfied.
10
Paragraph 13(7) of Schedule 5 applies in relation to the transferee's intention to demolish so as to impose a condition on the transferee for a notice to appear within the period of 2 months beginning with the date of transfer; and paragraph 2(3) above applies for this purpose.
11
Sub-paragraphs (7) to (10) above apply instead of paragraph 2(2) and (3) in relation to an initial demolition notice so far as continued in force under this paragraph.

11

1

Paragraph 4 (restrictions on service of further notices) is amended as follows.

2

In sub-paragraph (2) (further initial demolition notices)—

a

after “dwelling-house” insert “ , by the landlord who served the relevant notice or any landlord who served a continuation notice in respect of the relevant notice, ”, and

b

in paragraph (a) for “it” substitute “ the further notice ”.

3

In sub-paragraph (3) (final demolition notices)—

a

after “dwelling-house” insert “ , by the landlord who served the relevant notice or any landlord who served a continuation notice in respect of the relevant notice, ”, and

b

in paragraph (a) for “it” substitute “ the final demolition notice ”.

12

In paragraph 5 (notices under Schedule 5A) for “or 15” substitute “ , 15 or 15A ”.

13

In paragraph 6(1) (interpretation) after “Schedule” insert “ (other than paragraph 3A) ”.

Transitional provision

14

This Schedule does not apply to notices served before the coming into force of the Schedule.

SCHEDULE 14Disposals of dwelling-houses by local authorities

Section 311

Housing Act 1985 (c. 68)

I3471

1

The Housing Act 1985 is amended as follows.

2

In section 34 (consents in relation to disposals of land held for housing purposes)—

a

in subsection (1) for “Secretary of State's” substitute “ appropriate national body's ”,

b

in subsection (4A)—

i

for “Secretary of State” substitute “ appropriate national body ”,

ii

after “disposal;” at the end of paragraph (c), insert—

ca
in the case of a proposed large scale disposal, the appropriate national body's estimate of the exchequer costs of the large scale disposal;

iii

in paragraph (d) for “he” substitute “ the appropriate national body ”, and

c

after subsection (4A) insert—

4AA
The estimate mentioned in subsection (4A)(ca) is to be based on such assumptions (including as to the period during which housing subsidies may be payable) as the appropriate national body may determine, regardless of whether those assumptions are, or are likely to be, borne out by events.
4AB
In this section—
“appropriate national body”—
a
in relation to England, means the Secretary of State; and
b
in relation to Wales, means the Welsh Ministers;
“dwelling-house” has the same meaning as in Part 5 of this Act except that it does not include a hostel or any part of a hostel;
“the exchequer costs”, in relation to a large scale disposal, means any increase which is or may be attributable to the disposal in the aggregate of any housing subsidies;
“housing subsidies” means any subsidies payable under—
a
section 140A of the Social Security Administration Act 1992 (subsidy); or
b
section 79 of the Local Government and Housing Act 1989 (Housing Revenue Account subsidy);
“large scale disposal” means a disposal of one or more dwelling-houses by a local authority to a person where—
a
the number of dwelling-houses included in the disposal; and
b
the number of dwelling-houses which, in the relevant period, have previously been disposed of by the authority to that person, or that person and any of the person's associates taken together,
exceeds 499 or, if the appropriate national body by order so provides, such other number as may be specified in the order;
“long lease” means a lease for a term of years certain exceeding 21 years other than a lease which is terminable before the end of that term by notice given by or to the landlord;
“the relevant period”, in relation to a large scale disposal means—
a
the period of 5 years ending with the date of the disposal; or
b
if the appropriate national body by order so provides, such other period ending with that date as may be specified in the order;
“subsidiary” has the same meaning as in section 61 of the Housing Act 1996 but as if references in subsection (2) of that section and section 60 of that Act to registered social landlords and landlords were references to housing associations (within the meaning of the Housing Associations Act 1985).
4AC
For the purposes of this section—
a
a disposal of any dwelling-house is to be disregarded if at the time of the disposal the local authority's interest in the dwelling-house is or was subject to a long lease;
b
two persons are associates of each other if—
i
one of them is a subsidiary of the other;
ii
they are both subsidiaries of some other person; or
iii
there exists between them such relationship or other connection as may be specified in a determination made by the appropriate national body; and
c
a description of an authority may be framed by reference to any circumstances whatever.
4AD
An order made by the appropriate national body under this section—
a
is to be made by statutory instrument which—
i
in the case of an order made by the Secretary of State, is subject to annulment in pursuance of a resolution of either House of Parliament; and
ii
in the case of an order made by the Welsh Ministers, is subject to annulment in pursuance of a resolution of the National Assembly for Wales;
b
may make different provision for different cases or descriptions of case, or for different authorities or descriptions of authority; and
c
may contain such transitional and supplementary provisions as appear to the appropriate national body to be necessary or expedient.
4AE
A determination under this section—
a
may make different provision for different cases or descriptions of case, or for different authorities or descriptions of authority; and
b
may be varied or revoked by a subsequent determination.

3

In section 43 (consent required for certain disposals not within section 32)—

a

in subsection (1) for “Secretary of State” substitute “ appropriate national body ”,

b

in subsection (4A)—

i

for “Secretary of State” substitute “ appropriate national body ”,

ii

after “disposal;” at the end of paragraph (c), insert—

ca
in the case of a proposed disposal which is part of a proposed large scale disposal, the appropriate national body's estimate of the exchequer costs of the large scale disposal;

iii

in paragraph (d) for “he” substitute “ the appropriate national body ”, and

c

after subsection (4A) insert—

4AA
The estimate mentioned in subsection (4A)(ca) is to be based on such assumptions (including as to the period during which housing subsidies may be payable) as the appropriate national body may determine, regardless of whether those assumptions are, or are likely to be, borne out by events.
4AB
Subsections (4AB) to (4AE) of section 34 apply for the purposes of this section as they apply for the purposes of that section.

d

in subsection (5A) after “this section” insert “ (other than in subsection (4A)(ca) and in subsections (4AB) to (4AE) of section 34 as applied for the purposes of this section) ”.

Housing Act 1988 (c. 50)

I3482

In section 133(3) of the Housing Act 1988 (consent required for certain subsequent disposals)—

a

in paragraph (a) for “and (3) to (4A)” substitute “ , (3), (4) and (4A)(a) to (c) and (d) ”,

b

in paragraph (b) for “and (3) to (4A)” substitute “ , (3), (4) and (4A)(a) to (c) and (d) ”, and

c

in paragraph (c) for “(4A)” substitute “ (4A)(a) to (c) and (d) ”.

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

I3493

1

The Leasehold Reform, Housing and Urban Development Act 1993 is amended as follows.

2

Omit section 135 (programmes for disposals of dwelling-houses by local authorities).

3

In section 136 (levy on disposals) for subsection (14) substitute—

14
In this section—
“the 1989 Act” means the Local Government and Housing Act 1989;
“dwelling-house” has the same meaning as in Part 5 of the 1985 Act except that it does not include a hostel (as defined in section 622 of that Act) or any part of a hostel;
“local authority” has the meaning given by section 4 of that Act;
“long lease” means a lease for a term of years certain exceeding 21 years other than a lease which is terminable before the end of that term by notice given by or to the landlord;
“subsidiary” has the same meaning as in section 61 of the Housing Act 1996 but as if references in subsection (2) of that section and section 60 of that Act to registered social landlords and landlords were references to housing associations (within the meaning of the Housing Associations Act 1985).
15
For the purposes of this section—
a
a disposal of any dwelling-house is to be disregarded if at the time of the disposal the local authority's interest in the dwelling-house is or was subject to a long lease;
b
two persons are associates of each other if—
i
one of them is a subsidiary of the other;
ii
they are both subsidiaries of some other person; or
iii
there exists between them such relationship or other connection as may be specified in a determination made by the Secretary of State; and
c
a description of authority may be framed by reference to any circumstances whatever.

4

Omit section 137(1) to (3) (disposals: transitional provisions in relation to section 135).

5

The reference to the Secretary of State in subsection (15) of section 136 of the Act of 1993, as inserted by sub-paragraph (3) above, is to be read in the same way as other references to the Secretary of State in that section of that Act.

Housing Act 1996 (c. 52)

I3504

1

The Housing Act 1996 is amended as follows.

2

In section 51(2)(b) (schemes for investigation of complaints) for “a qualifying disposal” substitute

—
i
a large scale disposal, within the meaning of section 34 of the Housing Act 1985, for which consent was required under section 32 or 43 of that Act; or
ii
a qualifying disposal that was made

3

In paragraph 5(1)(b) of Part 2 of Schedule 1 (constitution, change of rules, amalgamation and dissolution: restriction on power of removal in case of registered charity) for “a qualifying disposal” substitute

—
i
a large scale disposal, within the meaning of section 34 of the Housing Act 1985, for which consent was required under section 32 or 43 of that Act, or
ii
a qualifying disposal that was made

4

In paragraph 28(1)(b) of Part 4 of Schedule 1 (inquiry into affairs of registered social landlords: availability of powers in relation to registered charities) for “a qualifying disposal” substitute

—
i
a large scale disposal, within the meaning of section 34 of the Housing Act 1985, for which consent was required under section 32 or 43 of that Act, or
ii
a qualifying disposal that was made

SCHEDULE 15Ineligible persons from abroad: statutory disregards

Section 314

Part 1England and Wales

Housing Act 1996 (c. 52)

I3911

The Housing Act 1996 is amended as follows.

I3922

1

Section 167 (allocation in accordance with allocation scheme) is amended as follows.

2

In subsection (2) after “scheme shall” insert “ , subject to subsection (2ZA), ”.

3

After subsection (2) insert—

2ZA
People are to be disregarded for the purposes of subsection (2) if they would not have fallen within paragraph (a) or (b) of that subsection without the local housing authority having had regard to a restricted person (within the meaning of Part 7).

I3933

1

Section 184 (inquiry into cases of homelessness or threatened homelessness) is amended as follows.

2

After subsection (3) insert—

3A
If the authority decide that a duty is owed to the applicant under section 193(2) or 195(2) but would not have done so without having had regard to a restricted person, the notice under subsection (3) must also—
a
inform the applicant that their decision was reached on that basis,
b
include the name of the restricted person,
c
explain why the person is a restricted person, and
d
explain the effect of section 193(7AD) or (as the case may be) section 195(4A).

3

After subsection (6) insert—

7
In this Part “a restricted person” means a person—
a
who is not eligible for assistance under this Part,
b
who is subject to immigration control within the meaning of the Asylum and Immigration Act 1996, and
c
either—
i
who does not have leave to enter or remain in the United Kingdom, or
ii
whose leave to enter or remain in the United Kingdom is subject to a condition to maintain and accommodate himself, and any dependants, without recourse to public funds.

I3944

1

Section 185 (persons from abroad not eligible for certain housing assistance) is amended as follows.

2

In subsection (4) for “another person” substitute “ a person falling within subsection (5) ”.

3

After subsection (4) insert—

5
A person falls within this subsection if the person—
a
falls within a class prescribed by regulations made under subsection (2); but
b
is not a national of an EEA State or Switzerland.

I3955

1

Section 193 (duty to persons with priority need who are not homeless intentionally) is amended as follows.

2

In subsection (3A) after “this section” insert “ in a case which is not a restricted case ”.

3

After subsection (3A) insert—

3B
In this section “a restricted case” means a case where the local housing authority would not be satisfied as mentioned in subsection (1) without having had regard to a restricted person.

4

After subsection (7A) insert—

7AA
In a restricted case the authority shall also cease to be subject to the duty under this section if the applicant, having been informed of the matters mentioned in subsection (7AB)—
a
accepts a private accommodation offer, or
b
refuses such an offer.
7AB
The matters are—
a
the possible consequence of refusal of the offer, and
b
that the applicant has the right to request a review of the suitability of the accommodation.
7AC
For the purposes of this section an offer is a private accommodation offer if—
a
it is an offer of an assured shorthold tenancy made by a private landlord to the applicant in relation to any accommodation which is, or may become, available for the applicant's occupation,
b
it is made, with the approval of the authority, in pursuance of arrangements made by the authority with the landlord with a view to bringing the authority's duty under this section to an end, and
c
the tenancy being offered is a fixed term tenancy (within the meaning of Part 1 of the Housing Act 1988) for a period of at least 12 months.
7AD
In a restricted case the authority shall, so far as reasonably practicable, bring their duty under this section to an end as mentioned in subsection (7AA).

5

In subsections (7B) and (7C) at the beginning insert “ In a case which is not a restricted case, ”.

6

In subsection (7F) after paragraph (a) (but before the “or” following it) insert—

ab
approve a private accommodation offer;

I3966

1

Section 195 (duties in the case of threatened homelessness) is amended as follows.

2

In subsection (3A) after “this section” insert “ in a case which is not a restricted threatened homelessness case ”.

3

In subsection (4)—

a

after “Where” insert “ , in a case which is not a restricted threatened homelessness case, ”, and

b

at the end insert “in a case which is not a restricted case (within the meaning of that section)”.

4

After subsection (4) insert—

4A
Where, in a restricted threatened homelessness case, in pursuance of the duty under subsection (2) the authority secure that accommodation other than that occupied by the applicant when he made his application is available for occupation by him, the provisions of section 193(3) to (9) (period for which duty owed) apply, with any necessary modifications, in relation to the duty under this section as they apply in relation to the duty under section 193 in a restricted case (within the meaning of that section).
4B
In subsections (3A) to (4A) “a restricted threatened homelessness case” means a case where the local housing authority would not be satisfied as mentioned in subsection (1) without having had regard to a restricted person.

I3977

1

Section 202 (right to request review of decision) is amended as follows.

2

In subsection (1) after paragraph (f) insert

, or
g
any decision of a local housing authority as to the suitability of accommodation offered to him by way of a private accommodation offer (within the meaning of section 193).

3

In subsection (1A)—

a

for “or (7)” substitute “ , (7) or (7AA) ”, and

b

after “(f)” insert “ or (as the case may be) (g) ”.

I3988

In section 218 (index of defined expressions: Part 7) insert in the Table at the appropriate place—

restricted person
section 184(7)

Part 2Scotland and Northern Ireland

Housing (Scotland) Act 1987 (c. 26)

I4009

The Housing (Scotland) Act 1987 is amended as follows.

I40110

1

Section 20 (persons having priority on housing list and allocation of housing) is amended as follows.

2

In subsection (1)(b) at the beginning insert “ subject to subsection (1A), ”.

3

After subsection (1) insert—

1A
Homeless persons and persons threatened with homelessness (within the meaning of Part 2) are to be disregarded for the purposes of subsection (1) if they would not be such persons without the local authority having had regard to a restricted person (also within the meaning of Part 2).

4

In subsection (2) for “such housing” substitute “ housing falling within subsection (1) ”.

I40211

1

Section 30 (notification of decision and reasons) is amended as follows.

2

After subsection (3) insert—

3A
If they decide that he is homeless, threatened with homelessness or has a priority need but would not have done so without having had regard to a restricted person, they shall also notify him of—
a
the fact that their decision was reached on that basis,
b
the name of the restricted person,
c
the reason why the person is a restricted person, and
d
the effect of section 31(2G) or (as the case may be) 32(2A) and (2B).

3

After subsection (5) insert—

6
In this Part “a restricted person” means a person—
a
who is not eligible for assistance under this Part,
b
who is subject to immigration control within the meaning of the Asylum and Immigration Act 1996, and
c
either—
i
who does not have leave to enter or remain in the United Kingdom, or
ii
whose leave to enter or remain in the United Kingdom is subject to a condition to maintain and accommodate himself, and any dependants, without recourse to public funds.

I40312

1

Section 31 (duties to persons found to be homeless) is amended as follows.

2

After subsection (2) insert—

2A
In a restricted case the local authority shall cease to be subject to the duty under subsection (2) if the applicant, having been informed of the matters mentioned in subsection (2B)—
a
accepts a private accommodation offer, or
b
refuses such an offer.
2B
The matters are—
a
the possible consequence of refusal of the offer, and
b
that the applicant has the right to request a review of the decisions mentioned in section 35A(2)(e).
2C
In this section “a restricted case” means a case falling within subsection (2) where the local authority would not be satisfied as mentioned in subsections (1) and (2) without having had regard to a restricted person.
2D
For the purposes of this Part an offer is a private accommodation offer if—
a
it is an offer of a short assured tenancy made by a landlord to the applicant in relation to any accommodation which is, or may become, available for the applicant's occupation,
b
it is made, with the approval of the local authority, in pursuance of arrangements made by them with the landlord with a view to bringing their duty under subsection (2) to an end, and
c
the tenancy being offered is for a period of at least 12 months.
2E
The local authority shall not approve a private accommodation offer unless they are satisfied that it is reasonable for the applicant to accept the offer.
2F
For the purposes of subsection (2E) an applicant may reasonably be expected to accept an offer even though he is under contractual or other obligations in respect of his existing accommodation, provided he is able to bring those obligations to an end before he is required to take up the offer.
2G
In a restricted case the local authority shall, so far as reasonably practicable, bring their duty under subsection (2) to an end as mentioned in subsection (2A).
2H
Subsections (2A) to (2G) are without prejudice to any other way in which the local authority can cease to be subject to the duty under subsection (2).

3

In subsection (3)—

a

for “In any other case, they” substitute “ In a case not falling within subsection (2), the local authority ”, and

b

in paragraph (a) for “his”, in the first place where it appears, substitute “ the applicant's ”.

I40413

1

Section 32 (duties to persons found to be threatened with homelessness) is amended as follows.

2

After subsection (2) insert—

2A
Subsection (2B) applies in a restricted threatened homelessness case where, in pursuance of the duty under subsection (2), the local authority secure that accommodation other than that occupied by the applicant when he made his application is available for occupation by him.
2B
The provisions of section 31(2A) to (2H) (circumstances in which duty in restricted case ceases) apply, with any necessary modifications, in relation to the duty under subsection (2) as they apply in relation to the duty under section 31(2) in a restricted case (within the meaning of that section).

3

In subsection (3) for “In any other case they shall furnish him” substitute “ In a case not falling within subsection (2) the local authority shall furnish the applicant ”.

4

After subsection (5) insert—

5A
In this section “a restricted threatened homelessness case” means a case falling within subsection (2) where the local authority would not be satisfied as mentioned in subsections (1) and (2) without having had regard to a restricted person.

I40514

1

Section 34 (duties to persons whose applications are referred) is amended as follows.

2

For subsection (2) substitute—

2
If it is determined that the conditions for referral—
a
are satisfied, the notified authority are subject to the duty under section 31(2);
b
are not satisfied, the notifying authority are subject to that duty.

3

In subsection (3) for paragraph (a) (but not the “and” after it) substitute—

a
whether they or the notified authority are subject to the duty under section 31(2),

4

Omit subsection (6).

I40615

In section 35A(2) (right to request review of decision) after paragraph (d) insert—

e
in a case where a private accommodation offer is made to the applicant, any decision—
i
that the accommodation offered is not accommodation falling within section 32(5)(a) to (c), or
ii
that the authority have discharged their duty to the applicant under section 32(8).

I40716

In section 43 (minor definitions) at the appropriate places insert—

a

“ “private accommodation offer” has the meaning assigned to it by section 31(2D);”,

b

“ “restricted person” has the meaning assigned to it by section 30(6);”, and

c

“ “short assured tenancy” has the same meaning as in Part 2 of the Housing (Scotland) Act 1988;”.

Housing (Northern Ireland) Order 1988 (S.I. 1988/1990 (N.I. 23))

I40817

Part 2 of the Housing (Northern Ireland) Order 1988 is amended as follows.

I40918

1

Article 7A (persons not eligible for housing assistance) is amended as follows.

2

In paragraph (4) for “another person” substitute “ a person falling within paragraph (4A) ”.

3

After paragraph (4) insert—

4A
A person falls within this paragraph if the person—
a
falls within a class specified in an order under section 119(1) of the Immigration and Asylum Act 1999; but
b
is not a national of an EEA State or Switzerland.

I41019

1

Article 9 (notification of decision and reasons) is amended as follows.

2

After paragraph (3) insert—

3A
If the Executive decides that the applicant is homeless, threatened with homelessness or has a priority need but would not have done so without having had regard to a restricted person, it shall also notify him of—
a
the fact that its decision was reached on that basis,
b
the name of the restricted person,
c
the reason why the person is a restricted person, and
d
the effect of Article 10(2E) and (2F) or (as the case may be) 11(2A) and (2B).

3

After paragraph (5) insert—

6
In this Article “a restricted person” means a person—
a
who is not eligible for assistance under this Part,
b
who is subject to immigration control within the meaning of the Asylum and Immigration Act 1996, and
c
either—
i
who does not have leave to enter or remain in the United Kingdom, or
ii
whose leave to enter or remain in the United Kingdom is subject to a condition to maintain and accommodate himself, and any dependants, without recourse to public funds.

I41120

1

Article 10 (duties to persons found to be homeless) is amended as follows.

2

After paragraph (2) insert—

2A
In a restricted case the Executive shall cease to be subject to the duty under paragraph (2) if the applicant, having been informed of the possible consequence of refusal—
a
accepts a private accommodation offer, or
b
refuses such an offer.
2B
For the purposes of this Article an offer is a private accommodation offer if—
a
it is an offer of a private tenancy made by a landlord to the applicant in relation to any accommodation which is, or may become, available for the applicant's occupation,
b
it is made, with the approval of the Executive, in pursuance of arrangements made by the Executive with the landlord with a view to bringing its duty under paragraph (2) to an end, and
c
the tenancy being offered is for a term certain of at least 12 months.
2C
The Executive shall not approve a private accommodation offer unless it is satisfied that the accommodation is suitable for the applicant and that it is reasonable for him to accept the offer.
2D
For the purposes of paragraph (2C) an applicant may reasonably be expected to accept an offer even though he is under contractual or other obligations in respect of his existing accommodation, provided he is able to bring those obligations to an end before he is required to take up the offer.
2E
In a restricted case the Executive shall, so far as reasonably practicable, bring its duty under paragraph (2) to an end as mentioned in paragraph (2A).
2F
In a restricted case the Executive shall also cease to be subject to the duty under paragraph (2) if the applicant, having been informed of the possible consequence of refusal, refuses a reasonable offer of accommodation under the Housing Selection Scheme.
2G
For the purposes of paragraph (2F)—
a
“the Housing Selection Scheme” means the scheme for the allocation of housing accommodation held by the Executive approved from time to time under Article 22 of the Order of 1981, and
b
an offer of accommodation is reasonable if it is a reasonable offer within the meaning of that Scheme.
2H
Paragraphs (2A) to (2G) are without prejudice to any other way in which the Executive can cease to be subject to the duty under paragraph (2).

3

After paragraph (4) insert—

5
In this Article—
“a private tenancy” has the same meaning as in the Private Tenancies (Northern Ireland) Order 2006,
“a restricted case” means a case falling within paragraph (2) where the Executive would not be satisfied as mentioned in paragraphs (1) and (2) without having had regard to a restricted person,
“a restricted person” has the same meaning as in Article 9.

I41221

1

Article 11 (duties to persons found to be threatened with homelessness) is amended as follows.

2

After paragraph (2) insert—

2A
Paragraph (2B) applies in a restricted threatened homelessness case where, in pursuance of the duty under paragraph (2), the Executive secures that accommodation other than that occupied by the applicant when he made his application is available for occupation by him.
2B
The provisions of Article 10(2A) to (2H) (circumstances in which duty in restricted case ceases) apply, with any necessary modifications, in relation to the duty under paragraph (2) as they apply in relation to the duty under Article 10(2) in a restricted case (within the meaning of that Article).

3

After paragraph (4) insert—

4A
In this Article—
“a restricted person” has the same meaning as in Article 9,
“a restricted threatened homelessness case” means a case falling within paragraph (2) where the Executive would not be satisfied as mentioned in paragraphs (1) and (2) without having had regard to a restricted person.

Immigration and Asylum Act 1999 (c. 33)

I41322

1

Section 119 of the Immigration and Asylum Act 1999 (persons subject to immigration control to be disregarded in determining another person's eligibility for accommodation or assistance) is amended as follows.

2

In subsection (1)(b) for “another person” substitute “ a person falling within subsection (1A) ”.

3

After subsection (1) insert—

1A
A person falls within this subsection if the person—
a
falls within a class specified in an order under subsection (1); but
b
is not a national of an EEA State or Switzerland.

Part 3Consequential amendments

Criminal Justice and Immigration Act 2008 (c. 4)

I41523

The Criminal Justice and Immigration Act 2008 is amended as follows.

I41624

Omit section 134(6) (support for designated persons: eligibility for certain housing assistance).

I41725

Omit section 135(7) (power to amend or repeal section 134(6)).

I2 I139 I385 I419 I468 I498 SCHEDULE 16Repeals and revocations

Section 321(1)

Annotations:

Commencement Information

Sch. 16 partly in force; Sch. 16 in force for specified purposes at 22.9.2008 see s. 325(2)(b)

I139

Sch. 16 in force at 22.9.2008 for specified purposes by S.I. 2008/2358, art. 4(b)

I385

Sch. 16 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 5, Sch. (with arts. 6-13)

I419

Sch. 16 in force at 2.3.2009 for specified purposes by S.I. 2009/415, art. 4(b)

I468

Sch. 16 in force at 1.4.2009 for specified purposes by S.I. 2009/803, art. 10

I498

Sch. 16 in force at 20.5.2009 for specified purposes by S.I. 2009/1261, art. 4

Title	Extent of repeal or revocation
Parliamentary Commissioner Act 1967 (c. 13)	In Schedule 2, the entry for the Housing Corporation and the entries for, and Notes relating to, the Commission for the New Towns and the Urban Regeneration Agency.
Leasehold Reform Act 1967 (c. 88)	In section 1— a in subsections (1)(a) and (1A), the words “at a low rent”, b in subsection (3A)(b), the words “, 1AA”. Section 1A(2). Section 1AA. Section 4A. In section 9(1C), the words “, 1AA”. In section 9A(1), the words “, 1AA”. In section 32A(1)(b), the words “or if section 1AA above were not in force”. In Schedule 3, paragraph 6(1A). In Schedule 4, in paragraph 4, the words from “be authorised” to “Government to”.
National Loans Act 1968 (c. 13)	In Schedule 1, in the entry relating to the New Towns Act 1981 (c. 64)— a in column 1, the words “(5)(6)”, b in column 2, the words “and the Commission for the New Towns”.
Local Government Act 1974 (c. 7)	Section 25(1)(ba). Section 26(7)(a).
Statutory Corporations (Financial Provisions) Act 1974 (c. 8)	In section 4(2), the words “and of the Commission for the New Towns”.
House of Commons Disqualification Act 1975 (c. 24)	In Part 2 of Schedule 1, the entries relating to the Commission for the New Towns, the Housing Corporation and the Urban Regeneration Agency.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)	In Part 2 of Schedule 1, the entry relating to the Urban Regeneration Agency.
Race Relations Act 1976 (c. 74)	In Part 2 of Schedule 1A, the entry relating to English Partnerships.
Local Government, Planning and Land Act 1980 (c. 65)	Section 4(4)(b). In section 99(4)(e), the words “the Commission for the New Towns,”. In Schedule 16, paragraph 6.
New Towns Act 1981 (c. 64)	Section 35. In section 36— a subsections (3) and (3A), b in subsection (4), the words from “; nor shall any” to the end. Section 37. Section 38. In section 41, in the heading, the words “to Commission”. In section 58— a in the heading, the words “and Commission”, b subsections (5) and (6). In section 58A— a in the heading, the words “and Commission”, b subsections (4) and (5). In section 59— a in the heading, the words “and Commission”, b in subsection (1), the words “or the Commission” where they first appear, c in subsection (2), the words “or the Commission”. In section 60— a in the heading, the words “and Commission”, b in subsection (1), paragraph (c) and the word “and” following it, c subsection (4). In section 61(2), the words “, (5) or (6)”. Section 62B. In section 63— a in subsection (1), the words “or the Commission”, b in subsection (2), the words “or the Commission, as the case may be”. In section 67— a in the heading, the words “Commission and”, b in subsection (1), the words “The Commission and”, c in subsection (1)(b), the word “respectively”, d also in subsection (1), the words from “being, in the Commission's case” in paragraph (b) to the end of the subsection, e subsection (1A), f in subsection (2), the words “of the Commission and”, g >in subsection (2), wherever appearing, the words “or the Commission”, h in subsection (3), the words “the Commission or”. In section 68— a in subsection (1), the words from “of the Commission” to “and the accounts”, b in subsection (1), the words “Commission or”, c subsection (2A). In section 69— a in subsection (1), paragraph (a) and the word “and” following it, b in subsection (1), the words from “and directions under” to the end, c in subsection (2), paragraph (a) and the word “and” following it. In section 70— a paragraph (a), b the words “of the Commission or”. In section 71(2), the words “the Commission and”. In section 72(1)(a), the words “or from the Commission”. In section 77(3), the words “and paragraph 7 of Schedule 9 to this Act”. In section 80(1)— a the definition of “the Commission”, b n the definition of “financial year”, the words “or the Commission”. In section 82(3), the words “paragraph 12 of Schedule 11, and”. Schedule 9. In Schedule 10— a in the heading, the words “to Commission”, b paragraph 4, c paragraph 5(1). In Schedule 11— a in the italic heading before paragraph 3, the words “to Commission and”, b paragraphs 3 and 5, c paragraph 12 and the italic heading before it.
Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66)	In section 15, the words from “or under subsection (1)” to “similar provision)”. In Schedule 2, in paragraph 1, the words from “or under subsection (1)” to “contains similar provision)”.
Mobile Homes Act 1983 (c. 34)	In section 5(1), in the definition of “protected site”, the words from “does not include” to “that,”.
Building Act 1984 (c. 55)	In section 35A— a in the heading the word “certain”, b subsections (2), (3) and (6).
New Towns and Urban Development Corporations Act 1985 (c. 5)	Section 1(3) and (4). Section 2. In Schedule 3, paragraphs 3, 5, 6(b), 8(b), 12(1)(b) and 16.
Housing Act 1985 (c. 68)	In section 85— a in subsection (3)(a), the words from “or payments” to “profits),”, b subsections (5) and (5A). In section 125D(2), the word “and” following paragraph (a). In section 128(2), the words “, or as the case may be re-determined,”. In section 136(2), the word “and” following paragraph (a). Section 156(5) and (6). In Schedule 5, in paragraph 13(5), the word “and” following paragraph (a).
Housing Associations Act 1985 (c. 69)	In section 10(2), paragraph (e) and the word “or” before it. Section 33A.
Landlord and Tenant Act 1985 (c. 70)	Section 28. In section 39, the entry in the Table for “qualified accountant”.
Housing (Scotland) Act 1987 (c. 26)	Section 34(6).
Landlord and Tenant Act 1987 (c. 31)	In section 53(2)(b), the words “or 42A”. In section 58(1)(b), the words “the Commission for the New Towns or”. In Schedule 2, paragraph 9 and the italic heading before it.
Housing Act 1988 (c. 50)	In section 9— a in subsection (3), the words from “or payments” to “profits)”, b subsections (5) and (5A). In the italic heading before section 50, the words “: functions of Relevant Authority”. Sections 50 and 51. Section 81(6). Section 133(6). In Schedule 6, paragraphs 7(3) and 24.
Local Government and Housing Act 1989 (c. 42)	In section 172(8), in the definition of “new town corporation”, the words “the Commission for the New Towns or”. Section 173(6). In Schedule 11, paragraph 58 and the italic heading before it.
Town and Country Planning Act 1990 (c. 8)	Section 8A(2).
Companies Act 1989 (Eligibility for Appointment as Company Auditor) (Consequential Amendments) Regulations 1991 (S.I. 1991/1997)	In the Schedule, paragraph 60 and the heading before it.
Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)	Section 65. Section 135. Section 137(1) to (3). Sections 158 to 173. Section 175. Section 177. Section 181(1) and (3). Sections 183 to 185. In section 188(6), paragraph (b) and the “and” before it. Schedules 17 to 20. In Schedule 21— a paragraph 3 and the italic heading before it, b paragraph 32 and the italic heading before it.
New Towns (Amendment) Act 1994 (c. 5)	The whole Act.
Local Government (Wales) Act 1994 (c. 19)	In Schedule 16, paragraphs 63(5) and 104 and the italic heading before paragraph 104.
Criminal Justice and Public Order Act 1994 (c. 33)	In section 80(4), the words from “in the definition” to “1983 or”.
Environment Act 1995 (c. 25)	In Schedule 10, paragraph 25(2).
Finance Act 1996 (c. 8)	In section 43A— a subsection (5)(e), b in subsection (6), the definition of “English Partnerships”.
Family Law Act 1996 (c. 27)	In Schedule 8— a paragraph 53, b paragraph 59 and the italic heading before it.
Housing Act 1996 (c. 52)	Section 1(1A) and (1B). Section 28(1), (2), (5) and (6). Section 56. Section 105(2). Section 127(3). Section 143D(3). In section 199— a subsection (2), b in subsection (3), paragraph (a) and the word “or” following it, c subsection (4), d in subsection (5), the word “other”. In section 202(1), the word “or” after paragraph (e). In Schedule 2, in paragraph 11(4)— a the words “or the Housing Corporation”, b the words “or, as the case may be, the Housing Corporation”. In Schedule 9, paragraphs 1 and 2(2), (4), (5), (6) and (8). In Schedule 13, paragraph 4 and the italic heading before it. In Schedule 18, paragraph 22(1)(f).
Housing Grants, Construction and Regeneration Act 1996 (c. 53)	Section 129. Section 145.
Housing Act 1996 (Consequential Provisions) Order 1996 (S.I. 1996/2325)	In Schedule 2, paragraphs 15(19), 18(4) to (7), (10)(a) and (12)(a), 19(7)(a) and 21(2).
Housing Act 1996 (Consequential Amendments) Order 1997 (S.I. 1997/74)	In the Schedule, paragraph 9(c).
Audit Commission Act 1998 (c. 18)	Sections 41 to 41B and 43. In Schedule 1— a paragraph 8(2)(c) and (ca), b paragraph 8A. In Schedule 2A, in paragraph 3— a paragraph (a) of the definition of “Audit Commission inspection”, b paragraph (e) of the definition of “national studies functions”.
Government of Wales Act 1998 (c. 38)	In Schedule 15, paragraph 13. In Schedule 16, paragraphs 24 to 26, 61(1), 64, 65, 68(a), 83(3), 94 and 97(3).
Regional Development Agencies Act 1998 (c. 45)	Section 36 and the italic heading before it. Section 37. In section 38(10), in the definition of “qualifying transfer”, paragraph (b). Schedule 9.
Urban Development Corporations in England (Transfer of Property, Rights and Liabilities) Commission for the New Towns) Order 1998 (S.I. 1998/85)	Article 3(1), (3), (4) and (5).
Greater London Authority Act 1999 (c. 29)	In section 333A— a in subsection (3)(b), the words from “(and see also” to the end of the paragraph, b in subsection (10), the words from “and the reference” to the end. In section 408— a subsection (3)(h) and (i), b subsection (6). Section 409(5).
Freedom of Information Act 2000 (c. 36)	In Part 6 of Schedule 1, the entries relating to the Commission for the New Towns, the Housing Corporation and the Urban Regeneration Agency.
Transport Act 2000 (c. 38)	In Schedule 5, paragraph 17.
Armed Forces Act 2001 (c. 19)	In Schedule 6, paragraph 30 and the italic heading before it.
Postal Services Act 2000 (Consequential Modifications No. 1) Order 2001 (S.I. 2001/1149)	In Schedule 1, paragraph 98 and the italic heading before it.
Commonhold and Leasehold Reform Act 2002 (c. 15)	Section 141. Section 156(2). In Schedule 10, paragraphs 6 and 7 and the italic heading before paragraph 6.
Deregulation (Disposals of Dwelling-houses by Local Authorities) Order 2002 (S.I. 2002/367)	The whole Order.
Communications Act 2003 (c. 21)	In Schedule 17, paragraph 123 and the italic heading before it.
Local Government Act 2003 (c. 26)	Section 109.
Anti-social Behaviour Act 2003 (c. 38)	Section 14(1)(b).
Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2003 (S.I. 2003/1326)	Article 11(2), (3) and (4)(a). Article 18 and the heading before it.
Public Audit (Wales) Act 2004 (c. 23)	In Schedule 2, paragraphs 27 to 30 and 37.
Civil Partnership Act 2004 (c. 33)	In Schedule 9— a paragraph 18, b paragraph 23 and the italic heading before it.
Charities Act 2006 (c. 50)	In Schedule 8, paragraph 190.
Armed Forces Act 2006 (c. 52)	In Schedule 16, paragraph 139 and the italic heading before it.
Tribunals, Courts and Enforcement Act 2007 (c. 15)	In Schedule 22, paragraph 8 and the italic heading before it.
Local Government and Public Involvement in Health Act 2007 (c. 28)	Section 155(2) and (5).
Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194)	In Schedule 4, paragraph 83 and the heading before it.
Criminal Justice and Immigration Act 2008 (c. 4)	Section 134(6). Section 135(7).
Housing and Regeneration Act 2008 (c. 17)	Section 53(2).

Housing and Regeneration Act 2008

Part 1The Homes and Communities Agency

Chapter 1General

1I3Establishment and constitution

1

2

2I4Objects

1

a

b

c

d

2

3

4

3I5Principal powers

I6I1404Powers: general

1

2

3

4

5

6

a

b

Chapter 2Land and infrastructure

General

I1415Powers to provide housing or other land

1

2

3

I1426Powers for regeneration, development or effective use of land

1

2

3

a

b

I1437Powers in relation to infrastructure

1

2

3

Powers to deal with land etc.

I1448Powers to deal with land etc.

a

b

c

I1459Acquisition of land

1

2

3

4

a

b

5

6

7

I16310Restrictions on disposal of land

1

2

a

b

3

4

Powers in relation to acquired land

I16411Main powers in relation to acquired land

I19112Powers in relation to, and for, statutory undertakers

Planning

I23313Power of Secretary of State to make designation orders

1

a

b

i

ii

2

3

a

i

ii

b

4

I6 I1404Powers: general