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Housing and Regeneration Act 2008

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This version of this Act contains provisions that are prospective.

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Housing and Regeneration Act 2008 is up to date with all changes known to be in force on or before 06 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Legislation Crest

Housing and Regeneration Act 2008

2008 CHAPTER 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 1 E+WThe Homes and Communities Agency

Chapter 1E+WGeneral

Modifications etc. (not altering text)

C2Pt. 1 Chs. 1, 2 applied (with modifications) (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 21(5), Sch. 4

1Establishment and constitutionE+W

(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.

Commencement Information

I1S. 1 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

2ObjectsE+W

(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.

F1(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In subsection (1)—

  • [F2 “ England ” does not include Greater London;]

  • “ 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—

    (a)

    water, electricity, gas, [F3electronic communications], sewerage or other services,

    (b)

    roads or other transport facilities,

    (c)

    retail or other business facilities,

    (d)

    health, educational, employment or training facilities,

    (e)

    social, religious or recreational facilities,

    (f)

    cremation or burial facilities, and

    (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).

Textual Amendments

F2Words in s. 2(2) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 189(2), 240(2); S.I. 2012/628, art. 6(f) (with arts. 9 11 14 15 17)

Commencement Information

I2 S. 2 in force at 8.9.2008 by S.I. 2008/2358 , art. 2(1)

3Principal powersE+W

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

Commencement Information

I3S. 3 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

4Powers: generalE+W

(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,

(aa)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

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

Textual Amendments

Commencement Information

I4S. 4 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 2(1)

I5S. 4 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 2(1)(a) (with arts. 6-13)

I6S. 4 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

Chapter 2E+WLand and infrastructure

Modifications etc. (not altering text)

GeneralE+W

5Powers to provide housing or other landE+W

(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).

Modifications etc. (not altering text)

C15S. 5 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(a) (with art. 18(3)(b))

C21S. 5: functions made exercisable concurrently (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 7

C22S. 5: functions made exercisable concurrently (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 7

Commencement Information

I7S. 5 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(b) (with arts. 6-13)

6Powers for regeneration, development or effective use of landE+W

(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.

Modifications etc. (not altering text)

C25S. 6 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(b) (with art. 18(3)(b))

C31S. 6: functions made exercisable concurrently (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 7

C32S. 6: functions made exercisable concurrently (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 7

Commencement Information

I8S. 6 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(b) (with arts. 6-13)

7Powers in relation to infrastructureE+W

(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).

Modifications etc. (not altering text)

C35S. 7 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(c) (with art. 18(3)(b))

C41S. 7: functions made exercisable concurrently (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 7

C42S. 7: functions made exercisable concurrently (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 7

Commencement Information

I9S. 7 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(b) (with arts. 6-13)

Powers to deal with land etc.E+W

8Powers to deal with land etc.E+W

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).

Modifications etc. (not altering text)

C45S. 8 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(d) (with art. 18(3)(b))

C51S. 8: functions made exercisable concurrently (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 7

C52S. 8: functions made exercisable concurrently (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 7

Commencement Information

I10S. 8 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(c) (with arts. 6-13)

9Acquisition of landE+W

(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—

    (a)

    laid out as a public garden,

    (b)

    used for the purposes of public recreation, or

    (c)

    a disused burial ground.

Modifications etc. (not altering text)

C55S. 9 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(e) (with art. 18(3)(b))

C61S. 9: functions made exercisable concurrently (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 7 (with Sch. 1 para. 4(14))

C62S. 9: functions made exercisable concurrently (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 7 (with reg. 9)

Commencement Information

I11S. 9 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(d) (with arts. 6-13)

10Restrictions on disposal of landE+W

(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.

Modifications etc. (not altering text)

C66S. 10 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(f) (with art. 18(3)(b))

C72S. 10: functions made exercisable concurrently (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 7

C73S. 10: functions made exercisable concurrently (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 7

Commencement Information

I12S. 10 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(e) (with arts. 6-13)

Powers in relation to acquired landE+W

11Main powers in relation to acquired landE+W

Schedule 3 (which makes provision about powers in relation to [F5land acquired by the HCA]) has effect.

Textual Amendments

F5Words in s. 11 substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 32(2), 57(5)(e) (with s. 32(11)(12))

Modifications etc. (not altering text)

C76S. 11 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(g) (with art. 18(3)(b))

C82S. 11: functions made exercisable concurrently (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 7

C83S. 11: functions made exercisable concurrently (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 7

Commencement Information

I13S. 11 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)

12Powers in relation to, and for, statutory undertakersE+W

Schedule 4 (which provides for powers in relation to, and for, statutory undertakers) has effect.

Modifications etc. (not altering text)

C86S. 12 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(h) (with art. 18(3)(b))

C92S. 12: functions made exercisable concurrently (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 7

C93S. 12: functions made exercisable concurrently (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 7

Commencement Information

I14S. 12 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

PlanningE+W

13Power of Secretary of State to make designation ordersE+W

(1)The Secretary of State may by order designate an area in England [F6outside Greater London] if the Secretary of State considers that—

(a)the area is suitable for development, and

(b)it is appropriate for the HCA to be the local planning authority for the whole or any part of the area—

(i)for particular permitted purposes, and

(ii)in relation to particular kinds of development.

(2)In deciding whether it is appropriate for the HCA to be the local planning authority as mentioned in subsection (1)(b), the Secretary of State must, in particular, be satisfied that making the designation order is likely to improve the effectiveness with which the functions of the local planning authority for the area or part are discharged.

(3)The Secretary of State must, before making a designation order—

(a)publish—

(i)a draft of the order, and

(ii)the Secretary of State's reasons for making the order, and

(b)consult the persons mentioned in subsection (4).

(4)The persons are—

(a)every local authority any part of whose area is intended to be included in the proposed designated area,

(b)any person, other than a local authority, who is the local planning authority for the proposed designated area or any part of it,

(c)such persons which appear to the Secretary of State to represent the interests of local authorities as the Secretary of State considers appropriate, and

(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—

    (a)

    so far as the order relates to permitted purposes under Part 2 [F7or 3] of the Planning and Compulsory Purchase Act 2004 (c. 5), the local planning authority within the meaning of that Part of that Act, and

    (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—

    (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),

    (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

    (c)

    Part 2 [F8or 3] of the Planning and Compulsory Purchase Act 2004 [F9, and

    (d)

    Part 8 of the Planning Act 2008,]

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 [F10or], a district council F11....

Textual Amendments

F6Words in s. 13(1) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 189(4), 240(2); S.I. 2012/628, art. 6(f) (with arts. 9 11 14 15 17)

F7Words in s. 13(5) inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes and 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 31(a); S.I. 2012/628, art. 8(a) (with arts. 9 12 13 16 18-20 (as amended (3.8.2012) by S.I. 2012/2029, art. 4)); S.I. 2012/2029, arts. 2, 3(a); S.I. 2013/797, arts. 1(2), 2

F8Words in s. 13(5) inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes and 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 31(b); S.I. 2012/628, art. 8(a) (with arts. 9 12 13 16 18-20 (as amended (3.8.2012) by S.I. 2012/2029, art. 4)); S.I. 2012/2029, arts. 2, 3(a); S.I. 2013/797, arts. 1(2), 2

F9Words in s. 13(5) inserted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 65 (with s. 226); S.I. 2010/101, art. 2 (with art. 6)

F10Word in s. 13(6) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 189(5)(a), 240(2); S.I. 2012/628, art. 6(f) (with arts. 9 11 14 15 17)

Commencement Information

I15S. 13 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(h) (with arts. 6-13)

14Contents of designation ordersE+W

(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)An order which makes provision of the kind mentioned in subsection (2) may make provision about the application of enactments relating to local planning authorities to the HCA in its capacity as the local planning authority by virtue of the order.

(5)An order which makes provision of the kind mentioned in subsection (3)—

(a)may provide for the HCA to have the functions concerned instead of, or concurrently with, other persons who have them,

(b)may make provision about the application to the HCA of enactments relating to the functions concerned.

(6)Provision made by virtue of subsection (4) or (5), or section 320(1)(d) in its application to an order of a kind falling within this section, may, in particular, provide that any enactment—

(a)is to apply to the HCA without modification,

(b)is to apply to it subject to specified modifications.

(7)In this section—

  • “planning-related provisions” means—

    (a)

    Chapter 1 of Part 6 (other than section 137A), and sections 188 and 330, of the Town and Country Planning Act 1990 (c. 8),

    (b)

    sections 32 and 33 to 37, 54 and 55 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9), and

    (c)

    the Planning (Hazardous Substances) Act 1990 (c. 10) (other than sections 30A to 31A and 36C of that Act),

  • “relevant functions” means functions of—

    (a)

    a district council, F12... or any other body which is a local authority within the meaning of the Town and Country Planning Act 1990,

    (b)

    a district planning authority (within the meaning of that Act), or

    (c)

    a hazardous substances authority (within the meaning of the Planning (Hazardous Substances) Act 1990),

  • “specified”, in relation to a designation order, means specified or described in the order.

Textual Amendments

Commencement Information

I16S. 14 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(h) (with arts. 6-13)

15HCA as local planning authority: local involvementE+W

(1)Subsections (2) to (6) apply where a designation order provides for the HCA to be the local planning authority for the whole or any part of the designated area.

(2)The HCA must prepare and publish a statement of local involvement.

(3)The statement of local involvement is a statement of the HCA's policy as to the extent to which it intends to involve persons mentioned in subsection (4) in relation to the exercise by the HCA of functions conferred on it by virtue of the designation order.

(4)The persons are—

(a)every local authority for the designated area or any part of the area in relation to which a function is to be exercised, and

(b)persons appearing to the HCA to have special knowledge or experience of matters relevant to functions to be exercised in relation to the area or part.

(5)The HCA must—

(a)keep the statement under review, and

(b)publish any revision of it.

(6)In deciding its policy about the extent of involvement of persons mentioned in subsection (4), the HCA must, in particular, have regard to—

(a)the benefits that it might receive from their knowledge and experience, and

(b)the nature of the functions concerned.

(7)Subsection (8) applies where—

(a)the HCA establishes a committee for the purpose of exercising functions conferred on the HCA by virtue of a designation order,

(b)such a committee establishes a sub-committee for such a purpose, or

(c)a new or replacement member is to be appointed to such a committee or sub-committee.

(8)The HCA must—

(a)inform every local authority for the designated area or any part of the area in relation to which the functions are to be, or are being, exercised of—

(i)the establishment of the committee or sub-committee concerned, or

(ii)(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.

Commencement Information

I17S. 15 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(h) (with arts. 6-13)

F1316Regional planningE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Other powers etc. in relation to landE+W

F1417Power to enter and survey landE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1418Section 17: supplementaryE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Chapter 3E+WFinancial provision

Powers to give financial assistanceE+W

19Financial assistanceE+W

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

[F15(1A)But the HCA must not give financial assistance in contravention of a direction given by the Regulator of Social Housing under section 100G.]

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

(3)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.

(4)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).

(5)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).

Textual Amendments

Modifications etc. (not altering text)

C95S. 19: functions made exercisable concurrently (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 7

Commencement Information

I18S. 19(1)-(4) in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 2(1)(j) (with arts. 6-13)

I19S. 19(1)-(4) (6) in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

I20S. 19(5) in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(j) (with arts. 6-13)

I21S. 19(6) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

Borrowing powers of the HCAE+W

20Powers to borrowE+W

(1)The HCA may, for the purpose of what it considers to be the short-term management of its finances, borrow from any person by way of overdraft or otherwise.

(2)Subject to this, the HCA may only borrow from the Secretary of State or the European Investment Bank.

(3)The HCA may not borrow in currencies other than sterling.

Commencement Information

I22S. 20 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(k) (with arts. 6-13)

21Loans by the Secretary of StateE+W

(1)The Secretary of State may lend to the HCA any sums it has power to borrow from the Secretary of State under section 20.

(2)Loans under subsection (1) may be made on such terms and conditions as the Secretary of State considers appropriate (including provision for repayment with or without interest).

Commencement Information

I23S. 21 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(k) (with arts. 6-13)

22Guarantees by the Secretary of StateE+W

(1)The Secretary of State may guarantee—

(a)the repayment of the principal of any sums which the HCA borrows from a person other than the Secretary of State, and

(b)the payment of interest on such sums.

(2)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.

Commencement Information

I24S. 22 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(k) (with arts. 6-13)

23Financial limitsE+W

(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).

Commencement Information

I25S. 23 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(k) (with arts. 6-13)

OtherE+W

24Power to charge for certain activitiesE+W

(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.

Commencement Information

I26S. 24 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(l) (with arts. 6-13)

25Directions as to surplus fundsE+W

(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.

Commencement Information

I27S. 25 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(m) (with arts. 6-13)

26Duty to act as agent in respect of regeneration and developmentE+W

(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 [F16outside Greater London], 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.

Textual Amendments

F16Words in s. 26(2) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 189(7), 240(2); S.I. 2012/628, art. 6(f) (with arts. 9 11 14 15 17)

Commencement Information

I28S. 26 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(n) (with arts. 6-13)

27Duty to act as agent in respect of derelict land etc.E+W

(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.

Commencement Information

I29S. 27 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(n) (with arts. 6-13)

Chapter 4E+WOther functions of the HCA

GeneralE+W

28BusinessE+W

(1)The HCA may carry on any business.

(2)In subsection (1) “business” includes undertaking.

Commencement Information

I30S. 28 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(o) (with arts. 6-13)

29Powers to form companies etc.E+W

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

Commencement Information

I31S. 29 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(o) (with arts. 6-13)

30Community servicesE+W

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

Commencement Information

I32S. 30 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(o) (with arts. 6-13)

Social housingE+W

31Duties in relation to social housingE+W

(1)Subsection (2) applies if the HCA acquires, constructs or converts any housing or other land for use as low cost rental accommodation.

(2)The HCA must ensure that a [F17registered provider of social housing] is the landlord of the accommodation when it is made available for rent.

(3)Subsection (4) applies if the HCA disposes of any housing or other land to a person on condition that the person provides low cost rental accommodation (whether in the same or different housing or other land).

(4)The HCA must impose a further condition that a [F18registered provider of social housing] is the landlord of the accommodation when it is made available for rent.

(5)Subsection (6) applies if the HCA provides infrastructure to a person on condition that the person provides low cost rental accommodation.

(6)The HCA must impose a further condition ensuring that a [F19registered provider of social housing] is the landlord of the accommodation when it is made available for rent.

(7)Subsection (8) applies if the HCA is proposing to give financial assistance on condition that the recipient provides low cost rental accommodation.

(8)The HCA must impose a further condition ensuring that a [F20registered provider of social housing] is the landlord of the accommodation when it is made available for rent.

[F21(8A)Subsection (8B) applies if the HCA is proposing to give financial assistance on condition that the recipient provides low cost home ownership accommodation.]

[F21(8B)The HCA must consult the Regulator of Social Housing about the proposals.]

F22(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)For the purposes of this section, a person provides low cost rental accommodation F23... if (and only if) the person acquires, constructs or converts any housing or other land for use as low cost rental accommodation F24... or ensures such acquisition, construction or conversion by another.

[F25(11A)For the purposes of this section, a person provides low cost home ownership accommodation if (and only if) the person acquires, constructs or converts any housing or other land for use as low cost home ownership accommodation or ensures such acquisition, construction or conversion by another.]

(12)In this section—

  • [F26“low cost home ownership accommodation” has the meaning given by section 70, and]

  • F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    “low cost rental accommodation” has the meaning given by section 69,

Textual Amendments

Modifications etc. (not altering text)

C97Ss. 31-36 applied (with modifications) by 1999 c. 29, s. 333ZE(1)(2) (as inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/628, art. 6(e) (with arts. 9 11 14 15 17))

Commencement Information

I33S. 31 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

32Recovery etc. of social housing assistanceE+W

(1)The HCA may, in such events as it may determine, exercise the powers conferred by subsections (2) to (4) in relation to a person who has received social housing assistance.

(2)The HCA may reduce any grant payable by it or restrict any other social housing assistance due from it.

(3)The HCA may suspend or cancel any instalment of any grant payable by it or any aspect of any other social housing assistance due from it.

(4)The HCA may direct the recipient of any social housing assistance given by way of grant to—

(a)apply or appropriate for such purposes of the recipient as the HCA may specify, or

(b)pay to the HCA,

such amount as the HCA may specify.

(5)The HCA may not specify an amount which exceeds the recoverable amount.

(6)The recoverable amount is—

(a)the total amount of grant received by the person to whom the direction is given, less

(b)the total of any amounts applied, appropriated or paid in accordance with any previous directions given in respect of that grant under subsection (4),

and for the purposes of paragraph (b) any amounts provided for by virtue of section 33(1) are to be ignored.

(7)Subsection (5) is without prejudice to the power of the HCA under section 33(1).

(8)In exercising its powers under subsections (2) to (4) the HCA must act in accordance with such principles as it has determined.

(9)A person who has received social housing assistance must notify the HCA if an event of a kind determined by the HCA under subsection (1) occurs after the assistance has been given.

(10)Such a person must, if required by notice of the HCA, supply the HCA with such particulars of, and information relating to, the event as are specified in the notice.

[F29(10A)The HCA must notify the Regulator of Social Housing at least 14 days before exercising, in relation to a registered provider of social housing, any of the powers conferred by subsections (2) to (4).]

F30(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12)Events determined by the HCA under subsection (1), and principles determined by the HCA under subsection (8), must be determined on or before the time the HCA gives the social housing assistance concerned unless they are determined subsequently with the agreement of the recipient of the assistance.

(13)In this Part—

  • “social housing” has the same meaning as in Part 2,

  • “social housing assistance” means financial assistance given under section 19 on condition that the recipient provides social housing (whether by itself or as part of a wider project);

and, for the purposes of this Part, a person provides social housing if (and only if) the person acquires, constructs, converts, improves or repairs any housing or other land for use as social housing or ensures such acquisition, construction, conversion, improvement or repair by another.

Textual Amendments

Modifications etc. (not altering text)

C97Ss. 31-36 applied (with modifications) by 1999 c. 29, s. 333ZE(1)(2) (as inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/628, art. 6(e) (with arts. 9 11 14 15 17))

Commencement Information

I34S. 32 in force at 1.4.2009 for specified purposes by S.I. 2009/803, art. 2(1)(a)

I35S. 32 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

33Section 32: interest and successors in titleE+W

(1)A direction by the HCA under section 32(4) may require the application, appropriation or payment, in addition to the specified amount, of one or more of the following—

(a)interest on the specified amount,

(b)an amount calculated by reference to any increase in the market value of any housing or other land acquired, constructed, converted, improved or repaired as a result of the grant, and

(c)interest on the amount falling within paragraph (b).

(2)Any direction falling within subsection (1)(a) or (c) must specify—

(a)the applicable rate or rates of interest (whether fixed or variable),

(b)the date from which interest is payable, and

(c)any provision for suspended or reduced interest which is applicable.

(3)The date specified under subsection (2)(b) must not be earlier than the date of the event giving rise to the power to give a direction.

(4)In subsection (2)(c)—

(a)provision for suspended interest means provision to the effect that if the principal amount is applied, appropriated or paid before a date specified in the direction, no interest will be payable for any period after the date of the direction, and

(b)provision for reduced interest means provision to the effect that if the principal amount is so applied, appropriated or paid, any interest payable will be payable at a rate or rates lower than the rate or rates which would otherwise be applicable.

(5)Any direction falling within subsection (1)(b) must specify—

(a)the housing or other land concerned, and

(b)the method of calculating the amount concerned.

(6)Subsection (7) applies if—

(a)social housing assistance has been given to a person, and

(b)at any time the social housing provided as a result of the assistance becomes vested in, or is leased for a term of years to, or reverts to, another person [F31(“the successor”)].

[F32(6A)But subsection (7) does not apply if—

(a)the successor is a person other than a registered provider of social housing, and

(b)at any time since the social housing assistance was given—

(i)a person has enforced a security over the social housing, or

(ii)the social housing has been disposed of by a body while it is being wound up or is in administration (which, for this purpose, includes housing administration under Chapter 5 of Part 4 of the Housing and Planning Act 2016).]

(7)Section 32 and this section (including this subsection) have effect in relation to periods after that time as if the assistance, or such element of it as may be determined by the HCA to be appropriate, had been given to [F33the successor].

(8)The matters specified in a direction under subsection (2)(a) to (c) or (5), and the element mentioned in subsection (7), are to be—

(a)such as the HCA, acting in accordance with such principles as it may determine, may specify as being appropriate, or

(b)such as the HCA may determine to be appropriate in the particular case.

(9)Principles determined by the HCA under subsection (8)(a), and determinations by the HCA under subsection (8)(b), must be determined on or before the time the HCA gives the social housing assistance concerned unless they are determined subsequently with the agreement of the recipient of the assistance.

Textual Amendments

F31Words in s. 33(6)(b) inserted (3.2.2017) by Housing and Planning Act 2016 (c. 22), ss. 94(2), 216(3); S.I. 2017/75, reg. 3(b)

F33Words in s. 33(7) substituted (3.2.2017) by Housing and Planning Act 2016 (c. 22), ss. 94(4), 216(3); S.I. 2017/75, reg. 3(b)

Modifications etc. (not altering text)

C97Ss. 31-36 applied (with modifications) by 1999 c. 29, s. 333ZE(1)(2) (as inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/628, art. 6(e) (with arts. 9 11 14 15 17))

Commencement Information

I36S. 33 in force at 1.4.2009 for specified purposes by S.I. 2009/803, art. 2(1)(b)

I37S. 33 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

34Determinations under sections 32 and 33E+W

(1)The HCA must not make a general determination under section 32 or 33 without the consent of the Secretary of State.

F34(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F35(2A)Before making such a determination, the HCA must consult—

(a)the Regulator of Social Housing, and

(b)such other persons as it considers appropriate.]

(3)Subsection (4) applies if a general determination under section 32 or 33 about relevant events relates to social housing assistance given to a registered provider of social housing.

(4)The HCA must, in particular, consult such bodies appearing to it to represent the interests of registered providers of social housing as it considers appropriate.

(5)The HCA must publish a general determination made under section 32 or 33 in such manner as it considers appropriate for bringing the determination to the attention of those affected by it.

(6)A general determination of the HCA under section 32 or 33 may make different provision for different cases or descriptions of case (including different provision for different areas).

(7)For the purposes of subsection (6) descriptions may be framed by reference to any matters whatever.

(8)A determination of the HCA under section 32 or 33 may be varied or revoked by it (subject to any provision as to the time by which such a determination must be made).

(9)In this section—

  • “general determination” means a determination which does not relate solely to a particular case,

  • “relevant event” means an event of a kind determined by the HCA under section 32(1).

Textual Amendments

Modifications etc. (not altering text)

C97Ss. 31-36 applied (with modifications) by 1999 c. 29, s. 333ZE(1)(2) (as inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/628, art. 6(e) (with arts. 9 11 14 15 17))

Commencement Information

I38S. 34 in force at 1.4.2009 by S.I. 2009/803, art. 2(1)(c) (with art. 2(2)(3))

35Duty to give financial assistance in respect of certain disposalsE+W

[F36(1)The HCA must exercise its powers under section 19 to give financial assistance by way of grant to a relevant provider of social housing in respect of any discount given by the provider by virtue of a person exercising the right to acquire conferred by section 180.]

F37(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The amount of the grant given by virtue of subsection [F38(1)] to a relevant provider of social housing for any year is to be the aggregate value of the discounts given by that provider in that year.

(4)The amount of the grant given by virtue of subsection (1)(b) to a relevant provider of social housing must not exceed the amount of the discount to which the tenant would have been entitled in respect of the other dwelling.

(5)The HCA must specify—

(a)the procedure to be followed in relation to applications for a grant by virtue of this section,

F39(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the manner in which, and time or times at which, a grant by virtue of this section is to be paid,

(d)any other terms or conditions on which such a grant is given.

(6)In this section—

  • “dwelling” has the same meaning as in Part 2,

  • “[F40private registered provider] of social housing” includes a person falling within section 180(3),

  • “registered social landlord” has the same meaning as in Part 1 of the Housing Act 1996,

  • “relevant provider of social housing” means—

    (a)

    a [F41private registered provider] of social housing, or

    (b)

    a registered social landlord,

  • “tenant” has the same meaning as in Part 2.

Textual Amendments

F37S. 35(2) omitted (26.5.2016) by virtue of Housing and Planning Act 2016 (c. 22), ss. 67(3), 216(3); S.I. 2016/609, reg. 2

F38Word in s. 35(3) substituted (26.5.2016) by Housing and Planning Act 2016 (c. 22), s. 67(4); S.I. 2016/609, reg. 2

F39S. 35(5)(b) omitted (26.5.2016) by virtue of Housing and Planning Act 2016 (c. 22), ss. 67(5), 216(3); S.I. 2016/609, reg. 2

Modifications etc. (not altering text)

C97Ss. 31-36 applied (with modifications) by 1999 c. 29, s. 333ZE(1)(2) (as inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/628, art. 6(e) (with arts. 9 11 14 15 17))

Commencement Information

I39S. 35 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

36Information in relation to social housingE+W

(1)The Secretary of State may by order provide for the HCA to supply such information about—

(a)which accommodation provided directly or indirectly by it is to be social housing,

(b)the type of social housing to be so provided, and

(c)the consequences of it being social housing,

as may be specified or described in the order.

(2)An order under this section may, in particular, provide for—

(a)the person or persons to whom the information is to be provided,

(b)the time at which, or period or frequency within which, the information is to be provided,

(c)the form and manner in which the information is to be provided.

Modifications etc. (not altering text)

C97Ss. 31-36 applied (with modifications) by 1999 c. 29, s. 333ZE(1)(2) (as inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/628, art. 6(e) (with arts. 9 11 14 15 17))

Commencement Information

I40S. 36 in force at 1.4.2009 by S.I. 2009/803, art. 2(1)(d)

[F4236A.Co-operation with the Regulator of Social HousingE+W

(1)The HCA must co-operate with the Regulator of Social Housing.

(2)In particular, the HCA must consult the Regulator of Social Housing on matters likely to interest the Regulator.

(3)The HCA may provide services and other assistance in connection with the operation of the Regulator of Social Housing.

(4)The services or assistance which may be provided pursuant to subsection (3) include, but are not limited to—

(a)the provision of accommodation or other facilities;

(b)technical resources; and

(c)the provision of staff.]

Textual Amendments

F4337Duty to co-operate with Regulator of Social HousingE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Information, education and guidance etc.E+W

38Information servicesE+W

(1)The HCA may—

(a)publish ideas or information, or

(b)disseminate or promote ideas or information in other ways.

(2)The HCA may undertake research or experimentation.

(3)The HCA may provide other information services.

(4)The HCA may facilitate—

(a)the publication or other dissemination or promotion of ideas or information,

(b)research or experimentation, or

(c)the provision of other information services.

Commencement Information

I41S. 38 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(p) (with arts. 6-13)

39Advice, education and trainingE+W

(1)The HCA may provide—

(a)advice, education or training, or

(b)other advisory, education or training services.

(2)The HCA may facilitate the provision of—

(a)advice, education or training, or

(b)other advisory, education or training services.

Commencement Information

I42S. 39 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(p) (with arts. 6-13)

40GuidanceE+W

(1)The HCA may give guidance to such persons as it considers appropriate about any matters relating to its objects.

(2)Before giving guidance under this section, the HCA must consult such persons as it considers appropriate.

(3)As soon as reasonably practicable after giving guidance under this section, the HCA must take such steps as the HCA considers appropriate to bring it to the attention of those affected by it.

(4)The HCA may revoke guidance given under this section.

(5)The HCA—

(a)must, before revoking guidance under this section, consult such persons as it considers appropriate, and

(b)must, as soon as reasonably practicable after the revocation, take such steps as it considers appropriate to bring the revocation to the attention of those affected by it.

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

Commencement Information

I43S. 40 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(p) (with arts. 6-13)

Functions in relation to companies and other personsE+W

41Control of subsidiariesE+W

(1)The HCA must ensure that no subsidiary of the HCA engages, without the consent of the Secretary of State, in an activity which the HCA would not be required or permitted to carry on.

(2)The HCA must ensure that no subsidiary of the HCA—

(a)borrows from a person other than the HCA, or

(b)raises money by the issue of shares or stock to a person other than the HCA,

without the consent of the Secretary of State.

Commencement Information

I44S. 41 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(q) (with arts. 6-13)

42Agency arrangements with UDCsE+W

(1)The HCA may, with the consent of the Secretary of State, appoint an urban development corporation to act as its agent.

(2)The appointment—

(a)may be in connection with any of the functions of the HCA other than its functions in connection with Chapter 3 F44..., and

(b)is to be on such terms as may be agreed.

F45(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The appointment must specify the functions in connection with which it is made.

(4)An urban development corporation must act as agent in accordance with the terms of its appointment.

(5)An urban development corporation may arrange for any of its property or staff to be made available to the HCA if—

(a)the purpose is to assist the HCA to exercise any of its functions, and

(b)the HCA asks the urban development corporation to make the property or staff available.

(6)The property or staff are to be made available for such period, and on such other terms, as the urban development corporation considers appropriate.

(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).

Textual Amendments

Commencement Information

I45S. 42 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(r) (with arts. 6-13)

43Acting with, or for, other persons: generalE+W

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

(2)The HCA may act as agent for other persons.

Commencement Information

I46S. 43 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(s) (with arts. 6-13)

44Local government involvementE+W

(1)The HCA must from time to time consult such representatives of local government as the HCA considers appropriate about how the HCA pursues its objects.

(2)The HCA must from time to time publish a statement about how it proposes to comply with subsection (1).

(3)Before publishing a statement the HCA must consult such persons as it considers appropriate.

Commencement Information

I47S. 44 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

OtherE+W

45Support servicesE+W

(1)The HCA may provide services in support of a project.

(2)The HCA may, in particular—

(a)second staff to the project,

(b)provide consultants or other manpower resources to the project on a temporary basis, or

(c)lend or otherwise provide technical, property or other resources to the project.

(3)The HCA may facilitate the provision of services in support of a project.

Commencement Information

I48S. 45 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(t) (with arts. 6-13)

Chapter 5E+WSupplementary

Certain supervisory powers of the Secretary of StateE+W

46Guidance by the Secretary of StateE+W

(1)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.

F46(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I49S. 46 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

47Directions by the Secretary of StateE+W

(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.

F47(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I50S. 47 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

48Consents of the Secretary of StateE+W

(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.

Commencement Information

I51S. 48 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(u) (with arts. 6-13)

Abolition of existing bodiesE+W

49Abolition of Urban Regeneration AgencyE+W

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

Modifications etc. (not altering text)

C98S. 49: 1.4.2009 appointed by S.I. 2009/801, art. 2

Commencement Information

I52S. 49 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

50Abolition of the Commission for the New TownsE+W

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

(2)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.

Modifications etc. (not altering text)

C99S. 50(1): 1.4.2009 appointed by S.I. 2009/801, art. 2

Commencement Information

I53S. 50(1) in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

I54S. 50(2) in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 2(1)(v) (with arts. 6-13)

I55S. 50(2) in force at 1.4.2009 for specified purposes by S.I. 2009/803, art. 3(1)

51Property etc. transfers to the HCA and the Welsh MinistersE+W

(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,

F48(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 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.

[F49(3A)A scheme under this section may not make provision in relation to land which is held by the Secretary of State and was acquired, or is treated as having been acquired, under section 39 of the Forestry Act 1967 (power to acquire land which is suitable for afforestation or purposes connected with forestry).]

(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).

Textual Amendments

F48S. 51(1)(a)(iii) (but not the final "or") repealed (1.7.2012 at 0.02 a.m.) by Public Bodies Act 2011 (c. 24), s. 38(3), Sch. 6 (with Note 1); S.I. 2012/1662, art. 2(2)(b)

F49S. 51(3A) inserted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 31(3), 57(5)(e)

Commencement Information

I56S. 51 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

52Role of the HCA in relation to former CNT functionsE+W

(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.

Commencement Information

I57S. 52 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

53Interim arrangementsE+W

(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.

F50(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

Commencement Information

I58S. 53 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

OtherE+W

[F5153A Other property etc transfers to the HCAE+W

(1)The Secretary of State may at any time make one or more schemes for the transfer to the HCA of designated property, rights or liabilities of a specified public body.

(2)In subsection (1) “specified public body” means a public body which is for the time being specified, or of a description specified, by regulations made by the Secretary of State.

(3)On the date specified by a scheme as the date on which the scheme is to have effect, the designated property, rights or liabilities are transferred and vest in accordance with the scheme.

(4)Schedule 6 applies to a scheme under this section.

(5)The Secretary of State may not make a scheme under this section unless the specified public body to which the scheme relates has consented to its provisions.

(6)A scheme under this section may not make provision in relation to land which is held by the Secretary of State and was acquired, or is treated as having been acquired, under section 39 of the Forestry Act 1967 (power to acquire land which is suitable for afforestation or purposes connected with forestry).

(7)In this section—

  • “designated”, in relation to a scheme, means specified in or determined in accordance with the scheme;

  • “public body” means a person or body with functions of a public nature.

(8)This section and section 53B bind the Crown, but do not have effect in relation to property, rights or liabilities belonging to—

(a)Her Majesty in right of the Crown,

(b)Her Majesty in right of Her private estates,

(c)Her Majesty in right of the Duchy of Lancaster, or

(d)the Duchy of Cornwall.

(9)The reference in subsection (8) to Her Majesty's private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862.

Textual Amendments

F51Ss. 53A, 53B inserted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 31(2), 57(5)(e)

53BTax consequences of transfers under section 53AE+W

(1)The Treasury may by regulations make provision for varying the way in which a relevant tax has effect from time to time in relation to—

(a)any property, rights or liabilities transferred in accordance with a transfer scheme under section 53A, or

(b)anything done for the purposes of, or in relation to, or in consequence of, the transfer of any property, rights or liabilities in accordance with such a transfer scheme.

(2)The provision that may be made under subsection (1)(a) includes, in particular, provision for—

(a)a tax provision not to apply, or to apply with modifications, in relation to any property, rights or liabilities transferred;

(b)any property, rights or liabilities transferred to be treated in a specified way for the purposes of a tax provision;

(c)the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to any property, rights or liabilities transferred.

(3)The provision that may be made under subsection (1)(b) includes, in particular, provision for—

(a)a tax provision not to apply, or to apply with modifications, in relation to anything done for the purposes of, or in relation to, or in consequence of, the transfer;

(b)anything done for the purposes of, or in relation to, or in consequence of, the transfer to have or not to have a specified consequence or be treated in a specified way;

(c)the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything done for the purposes of, or in relation to, or in consequence of, the transfer.

(4)In this section—

  • “relevant tax” means income tax, corporation tax, capital gains tax, stamp duty, stamp duty land tax or stamp duty reserve tax;

  • “tax provision” means a provision of an enactment about a relevant tax.

(5)References in this section to the transfer of property, rights or liabilities in accordance with a transfer scheme under section 53A include references to—

(a)the creation of interests, rights or liabilities under the scheme, and

(b)the modification of interests, rights or liabilities under the scheme,

(and “transferred”, in relation to property, rights or liabilities, is to be read accordingly).]

Textual Amendments

F51Ss. 53A, 53B inserted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 31(2), 57(5)(e)

54Validity of transactionsE+W

(1)A transaction between a person and the HCA is not invalid merely because of a failure by the HCA to exercise its powers for the purposes mentioned in sections 3 and 4(2).

(2)A transaction between a person and the HCA is not invalid merely because it was carried out in contravention of a direction under section 47.

(3)A transaction between a person and a subsidiary of the HCA is not invalid merely because of a failure by the HCA to comply with section 41(1) or (2).

(4)A person entering into a transaction with the HCA or a subsidiary of the HCA need not be concerned as to whether—

(a)there has been a failure of the kind mentioned in subsection (1) or (3), or

(b)a direction of the kind mentioned in subsection (2) has been given or complied with.

(5)A disposal of land by the HCA is not invalid merely because any consent required by section 10(1) or (3) has not been given.

(6)A person dealing with—

(a)the HCA, or

(b)a person claiming under the HCA,

in relation to any land need not be concerned as to whether any consent required by section 10(1) or (3) has been given.

Commencement Information

I59S. 54 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

55NoticesE+W

(1)Any notice required or authorised under this Part to be served on any person may be served by—

(a)delivering it to the person,

(b)leaving it at the person's proper address, or

(c)sending it by post to the person at that address.

(2)Any such notice may—

(a)in the case of a body corporate, be served in accordance with subsection (1) on an officer of the body, and

(b)in the case of a partnership, be served in accordance with subsection (1) on a partner or a person having the control or management of the partnership business.

(3)For the purposes of this section and section 7 of the Interpretation Act 1978 (c. 30) (service of documents by post) in its application to this section, the proper address of any person on whom a notice is to be served is the person's last known address except as follows.

(4)For the purposes of this section and section 7 of the Act of 1978 in its application to this section, the proper address is—

(a)in the case of service on a body corporate or an officer of the body, the address of the registered or principal office of the body, and

(b)in the case of service on a partnership, a partner or a person having the control or management of the partnership business, the address of the principal office of the partnership.

(5)For the purposes of subsection (4) the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

(6)Subsection (7) applies if a person to be served under this Part with a notice has specified an address within the United Kingdom other than the person's proper address (as decided under subsections (3) and (4)) as the one at which the person, or someone on the person's behalf, will accept documents of the same description as the notice.

(7)The specified address is also to be treated for the purposes of this section and section 7 of the Act of 1978 in its application to this section as the person's proper address.

(8)Subsection (9) applies if the name or address of any owner, lessee or occupier of land on whom a notice is to be served under this Part cannot, after reasonable inquiry, be ascertained.

(9)The notice may be served by—

(a)leaving it in the hands of a person who is, or appears to be, resident or employed on the land, or

(b)leaving it conspicuously affixed to a building or object on the land.

(10)Any notice required or authorised under this Part to be served on any person may be served on the person by transmitting the text of the notice to the person by means of an electronic communications network or by other means but while in electronic form provided the text is received by the person in legible form and is capable of being used for subsequent reference.

(11)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).

Commencement Information

I60S. 55 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

56Consequential amendments: Part 1E+W

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

Commencement Information

I61S. 56 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 2(1)

I62S. 56 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 2(1)(w) (with arts. 6-13)

I63S. 56 in force at 1.4.2009 for specified purposes by S.I. 2009/803, art. 3(2)

I64S. 56 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

57Interpretation: Part 1E+W

(1)In this Part—

  • F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “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—

    (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

    (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—

    (a)

    the period beginning with the day on which the HCA is established and ending with the next 31 March, and

    (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,

  • [F53“infrastructure system” has the meaning given by paragraph 7(1) of Schedule 3A to the Communications Act 2003 (the electronic communications code), and a reference to providing such a system is to be read in accordance with paragraph 7(2) of the code (reference to provision includes establishing or maintaining),]

  • “modifications” includes omissions,

  • “notice” means notice in writing,

  • “operator”, in relation to an electronic communications code network means—

    (a)

    the electronic communications code operator providing that network, or

    (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.

Textual Amendments

F52Words in s. 57(1) omitted (28.12.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 52; S.I. 2017/1286, reg. 2(d)

Commencement Information

I65S. 57 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 2(1)

I66S. 57 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 2(1)(x) (with arts. 6-13)

I67S. 57 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

58Index of defined expressions: Part 1E+W

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.

ExpressionProvision
AllotmentSection 9(7)
BuildingSection 2(3)
CaravanSection 2(3)
CommonSection 9(7)
F54. . .F54. . .
Designated areaSection 13(5)
Designation orderSection 13(5)
Develop (and development)Section 57(1)
Electronic communications apparatusSection 57(1)
Electronic communications codeSection 57(1)
Electronic communications code networkSection 57(1)
Electronic communications code operatorSection 57(1)
Electronic communications networkSection 57(1)
EnactmentSection 57(1)
Financial yearSection 57(1)
Giving directionsSection 47(6)
The HCASection 1(1)
HousingSection 2(3)
ImproveSection 57(1)
InfrastructureSection 2(3)
[F55Infrastructure system (and providing such a system) Section 57(1)]
LandSection 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)
ModificationsSection 57(1)
NoticeSection 57(1)
Objects of the HCASections 2, 19(5) and 52(3)
Open spaceSection 9(7)
Operator (in relation to electronic communications code network)Section 57(1)
Permitted purposesSection 13(5)
Powers of the HCASection 57(2)
Provide (in relation to an electronic communications network)Section 57(1)
Registered provider of social housingSection 80(2)(a)
F56. . .F56. . .
Social housing (and its provision)Section 32(13)
Social housing assistanceSection 32(13)
SubsidiarySection 23(5)
Urban development corporationSection 42(7)

Textual Amendments

F54Words in s. 58 omitted (28.12.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 53; S.I. 2017/1286, reg. 2(d)

Commencement Information

I68S. 58 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 2(1)

I69S. 58 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 2(1)(x) (with arts. 6-13)

I70S. 58 in force at 1.4.2009 for specified purposes by S.I. 2009/803, art. 2(1)(e)

I71S. 58 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

Part 2E+WRegulation of Social Housing

Modifications etc. (not altering text)

Chapter 1E+WIntroduction

PreliminaryE+W

59PurposeE+W

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) [F57and local authorities (as defined in section 275)].

Textual Amendments

Commencement Information

I72S. 59 in force at 8.9.2008 by S.I. 2008/2358, art. 3(1)

60Structural overviewE+W

(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—

F58(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F59(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I73S. 60 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

61Restriction of “registered social landlord” system to WalesE+W

(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)[F60a registered 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.

ExpressionSubstitution
“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.

Textual Amendments

Commencement Information

I74S. 61 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

62References to Welsh MinistersE+W

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 ”.

ProvisionTopic
Section 9(1A)(b)Consent for disposal of land
Section 12A(4)Right of first refusal: regulations
Section 15A(5)Deferred resale agreements: order
F61. . .F61. . .
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 1Change of rules of [F62registered society]: consent
Paragraph 11(3A)(b) of Schedule 1Change of articles of company: consent
Paragraph 15A(1) of Schedule 1Transfer of assets of charity on dissolution: order

Textual Amendments

F62Words in Act substituted (1.8.2014 immediately after s. 1 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010 comes into force) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 123 (with Sch. 5)

Commencement Information

I75S. 62 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

63References to National Assembly for WalesE+W

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

ProvisionTopic
Section 12A(8)(b)Right of first refusal: regulations
Section 15A(6)(b)Deferred resale agreements: order
F63. . .F63. . .
Section 27A(10)Grants to other bodies: order
Section 39(3)Insolvency: order
Section 55(3)Consequential: order
Paragraph 15A(4) of Schedule 1Transfer of assets of charity on dissolution: order

Textual Amendments

Commencement Information

I76S. 63 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

64Dissolution of Housing CorporationE+W

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

(2)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).

Commencement Information

I77S. 64(1)(2) in force at 16.2.2009 by S.I. 2009/363, art. 2

I78S. 64(3) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

65Transfer schemesE+W

(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).

Commencement Information

I79S. 65 in force at 8.9.2008 by S.I. 2008/2358, art. 3(1)

66Interim arrangementsE+W

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.

Commencement Information

I80S. 66 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, art. 3(1)

67Transitional arrangementsE+W

(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.

Commencement Information

I81S. 67 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, art. 3(1)

I82S. 67 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

Social housingE+W

68Basic principleE+W

(1)In this Part “social housing” means—

(a)low cost rental accommodation (defined by section 69), and

(b)low cost home ownership accommodation (defined by section 70).

(2)Accommodation which becomes “social housing” by satisfying subsection (1)(a) or (b) remains “social housing” for the purposes of this Part unless and until an event specified in sections 73 to 76 occurs.

(3)Section 77 makes transitional provision as a result of which certain accommodation is to be treated as “social housing” whether or not it satisfies subsection (1)(a) or (b).

Commencement Information

I83S. 68 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I84S. 68 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

69Low cost rentalE+W

Accommodation is low cost rental accommodation if—

(a)it is made available for rent,

(b)the rent is below the market rate, and

(c)the accommodation is made available in accordance with rules designed to ensure that it is made available to people whose needs are not adequately served by the commercial housing market.

Commencement Information

I85S. 69 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I86S. 69 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

70Low cost home ownershipE+W

(1)Accommodation is low cost home ownership accommodation if the following conditions are satisfied.

(2)Condition 1 is that the accommodation is occupied, or made available for occupation, in accordance with—

(a)shared ownership arrangements,

(b)equity percentage arrangements, or

(c)shared ownership trusts.

(3)Condition 2 is that the accommodation is made available in accordance with rules designed to ensure that it is made available to people whose needs are not adequately served by the commercial housing market.

(4)“Shared ownership arrangements” means arrangements under a lease which—

(a)is granted on payment of a premium calculated by reference to a percentage of either the value of the accommodation or the cost of providing it, and

(b)provides that the tenant (or the tenant's personal representatives) will or may be entitled to a sum calculated by reference to the value of the accommodation.

(5)“Equity percentage arrangements” means arrangements under which—

(a)the owner of a freehold or leasehold interest in residential property (“the seller”) conveys it to an individual (“the buyer”),

(b)the buyer, in consideration for the conveyance—

(i)pays the seller a sum (the “initial payment”) expressed to represent a percentage of the value of the interest at the time of the conveyance, and

(ii)agrees to pay the seller other sums calculated by reference to a percentage of the value of the interest at the time when each sum is to be paid, and

(c)the liability to make any payment required by the arrangements (apart from the initial payment) is secured by a mortgage.

(6)Shared ownership trusts has the same meaning as in Schedule 9 to the Finance Act 2003 (c. 14) (stamp duty land tax).

(7)The Secretary of State may make regulations amending—

(a)the definition of “low cost home ownership accommodation”;

(b)the definition of any of the sub-categories specified in that definition.

Commencement Information

I87S. 70 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I88S. 70 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

71Shared ownership low cost rentalE+W

Accommodation which is both low cost rental accommodation and low cost home ownership accommodation is to be treated as the latter and not as the former.

Commencement Information

I89S. 71 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I90S. 71 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

72RegulationsE+W

(1)The Secretary of State may make regulations providing that specified property, or a specified class of property, is or is not to be treated as social housing for the purposes of this Part.

(2)The regulations may provide for property to be social housing despite not satisfying section 68(1)(a) or (b) where the Secretary of State thinks the property is of a kind, or is provided in circumstances, that serve the needs of a group whose needs are not adequately served by the commercial housing market.

(3)The regulations—

(a)may override section 68(2),

(b)are subject to sections 68(3) and 77, and

(c)are subject to sections 69 and 70 (but may clarify doubt about the application of those sections).

(4)The regulations—

(a)may make provision by reference to the opinion of the regulator or another specified person, and

(b)may make provision by reference to designation, agreement or other action by the regulator or another specified person.

Commencement Information

I91S. 72 in force at 8.9.2008 by S.I. 2008/2358, art. 3(1)

73Leaving the social housing stock: saleE+W

(1)A dwelling ceases to be social housing if it is sold to the tenant.

(2)Low cost rental accommodation is “sold to the tenant” when the tenant exercises a statutory or contractual right and as a result becomes the owner of—

(a)the freehold interest in the property, or

(b)the leasehold interest previously owned by the person providing the social housing.

(3)Low cost home ownership accommodation of the shared ownership kind is “sold to the tenant” when the tenant exercises a statutory or contractual right and as a result becomes the owner of—

(a)the freehold interest in the property, or

(b)the leasehold interest previously owned by the person providing the social housing.

(4)Low cost home ownership accommodation of the equity percentage kind is “sold to the tenant” when the “buyer” (see section 70(5)(a)) exercises a statutory or contractual right as a result of which the equity percentage arrangements (see section 70(5)) come to an end.

(5)Low cost home ownership accommodation of the shared ownership trust kind comes to an end when the “purchaser” (see paragraph 7(4)(a) of Schedule 9 to the Finance Act 2003 (c. 14)) exercises a statutory or contractual right as a result of which the trust comes to an end.

Commencement Information

I92S. 73 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I93S. 73 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

74Leaving the social housing stock: [F64ending of] leaseE+W

(1)A dwelling ceases to be social housing if—

(a)the provider holds a leasehold interest in the dwelling, and

(b)the leasehold interest [F65determines (whether by effluxion of time or in any other way)].

[F66(2)But subsection (1) does not apply if, immediately before the leasehold interest determines, the lessor was—

(a)an associate or subsidiary of the provider, or

(b)a registered provider.]

Textual Amendments

Commencement Information

I94S. 74 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I95S. 74 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

[F6774ALeaving the social housing stock: transfer by private providersE+W

(1)A dwelling ceases to be social housing if a private registered provider F68... owns the freehold or a leasehold interest and transfers it to a person who is not a registered provider F68....

(2)Subsection (1) does not apply if and for so long as the private registered provider has a right to have the interest transferred back to it.

(3)Subsection (1) does not apply where low cost home ownership accommodation is transferred to—

(a)the “buyer” under equity percentage arrangements (see section 70(5)), or

(b)the trustees under a shared ownership trust (see section 70(6)).

(4)See section 73 for circumstances when low cost home ownership accommodation ceases to be social housing.]

Textual Amendments

75Leaving the social housing stock: [F69local authority] disposal with consentE+W

F70(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F71(1A)A dwelling ceases to be social housing if it is—

(a)disposed of with the Secretary of State’s consent in accordance with section 32 or 43 of the Housing Act 1985 (disposals by local authorities),

(b)appropriated with the Secretary of State’s consent in accordance with section 19(2) of that Act (appropriation by local authorities for some other purpose), or

(c)disposed of by a local authority with the Secretary of State’s consent in accordance with any other enactment.]

(2)[F72Subsection (1A) does] not apply to a disposal in pursuance of shared ownership arrangements or equity percentage arrangements.

(3)[F72Subsection (1A) does] not apply if the consent is conditional upon the dwelling continuing to be low cost rental accommodation or low cost home ownership accommodation.

(4)A condition of that kind shall include provision for determining when the dwelling ceases to be social housing.

Textual Amendments

Commencement Information

I96S. 75 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I97S. 75 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

76Leaving the social housing stock: regulator's directionE+W

(1)The regulator may direct that a specified dwelling is to cease to be social housing.

(2)The regulator may make a direction only on the application of the provider.

[F73(3)A direction may not be made if the provider is a local authority.]

Textual Amendments

Commencement Information

I98S. 76 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I99S. 76 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

77Housing stock under Housing Act 1996E+W

(1)This section applies to property owned by a registered social landlord within the meaning of Part 1 of the Housing Act 1996 (c. 52) before the coming into force of section 61 of this Act.

(2)Property to which this section applies is social housing—

(a)whether or not it satisfies section 68(1)(a) or (b), and

(b)unless and until an event specified in sections 73 to 76 occurs.

(3)But property to which any of the exceptions below applies when section 61 comes into force is social housing only if the purchase, construction or renovation of the property was funded by means of a grant under—

(a)section 19 (financial assistance by the HCA),

(b)section 18 of the Housing Act 1996 (social housing grant), or

(c)section 50 of the Housing Act 1988, section 41 of the Housing Associations Act 1985 (c. 69) or section 29 or 29A of the Housing Act 1974 (c. 44) (housing association grant).

(4)Exception 1 is accommodation let on the open market.

(5)Exception 2 is accommodation made available only to students in full-time education or training.

(6)Exception 3 is a care home (within the meaning of the Care Standards Act 2000 (c. 14)) in which nursing is provided.

(7)Exception 4 is accommodation provided in response to a request by the Secretary of State under section 100 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum seekers).

(8)Exception 5 is property of a kind specified by regulations made by the Secretary of State.

Commencement Information

I100S. 77 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I101S. 77 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

Other key conceptsE+W

F7478Regulator of Social HousingE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

79English bodiesE+W

(1)In this Part “English body” means—

(a)a registered charity whose address for the purposes of registration by the Charity Commission is in England,

(b)[F60a registered society] whose registered office for the purposes of [F75the Co-operative and Community Benefit Societies Act 2014] is in England,

(c)a registered company which has its registered office in England,

F76(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F77(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [F78and

(f)a limited liability partnership which has its registered office in England.]

F79(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F79(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F79(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F79(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I102S. 79 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I103S. 79 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

80Provider of social housingE+W

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

Type of social housingProvider
Low cost rental accommodationThe landlord
Low cost home ownership accommodation: shared ownershipThe 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 trustThe “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”.

[F80(3)Persons listed in the register who are not local authorities—

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

(b)are referred to in this Part as “private registered providers”.]

Textual Amendments

Commencement Information

I104S. 80 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I105S. 80 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

Chapter 2E+WThe Social Housing Regulator

[F81The RegulatorE+W

Textual Amendments

80A.EstablishmentE+W

(1)The Regulator of Social Housing is established as a body corporate.

(2)The Regulator of Social Housing is referred to in this Part as “the regulator”.

(3)The regulator (and any member of the regulator)—

(a)is not the servant or agent of the Crown, and

(b)does not share any immunity or privilege of the Crown.

(4)No property of the regulator is to be regarded as property of, or held on behalf of, the Crown.

80B.MembershipE+W

(1)The regulator is to consist of—

(a)a person appointed by the Secretary of State as chair (“the chair”),

(b)at least 6 and no more than 10 other members, appointed by the Secretary of State, and

(c)the chief executive appointed under section 80D(1).

(2)The Secretary of State must consult the chair before appointing a member under subsection (1)(b).

(3)In appointing a person to be an appointed member the Secretary of State must—

(a)have regard to the desirability of appointing a person who has experience of, and has shown some capacity in, matters relevant to the exercise of the functions of the regulator, and

(b)be satisfied that the person has no financial or other interest likely to affect prejudicially the exercise of the person’s functions as a member.

(4)The Secretary of State may require any person who the Secretary of State proposes to appoint as an appointed member to provide any information the Secretary of State considers necessary for the purposes of subsection (3)(b).

(5)In this Part “appointed member” means—

(a)the chair, or

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

80C.Terms of appointment of membersE+W

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

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

(3)The Secretary of State may dismiss an appointed member who—

(a)has been absent from meetings of the regulator for a period of more than 6 months without its permission,

(b)has become bankrupt or has made an arrangement with the member’s creditors,

(c)the Secretary of State thinks has failed to comply with the member’s terms of appointment,

(d)the Secretary of State thinks has failed to comply with the member’s obligations under section 92P (members’ interests),

(e)the Secretary of State thinks is otherwise unable, unfit or unsuitable to perform the functions of the member.

80D.StaffE+W

(1)The chair and other appointed members of the regulator must appoint a chief executive.

(2)But a person may be appointed as chief executive under subsection (1) only if approved by the Secretary of State.

(3)The regulator may appoint other staff.

(4)The regulator may pay to its staff such remuneration and allowances as it may decide.

(5)The regulator may—

(a)pay such pensions, allowances or gratuities to or in respect of any, or any 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, or any former, member of staff,

as it may decide.]

ConstitutionE+W

F8281EstablishmentE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8382MembershipE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8483TenureE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8584Chief executiveE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8685Other staffE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

ProceedingsE+W

F8786Fundamental objectivesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8887ProcedureE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8988Conflict of interestE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9089CommitteesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9190DelegationE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9291SealE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9392Annual reportE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F9492ARegulation functions of the HCAE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F94 92B The Regulation CommitteeE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F94 92C Membership of the Regulation CommitteeE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F94 92D Terms of appointment of membersE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9492E Remuneration etc of members E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9492F Sub-committees of the Regulation CommitteeE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9492G Procedure of the Committee and its sub-committeesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9492H Members' interestsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9492I Exercise of functionsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9492J Recommendations to HCAE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F95Fundamental objectivesE+W

Textual Amendments

F95Ss. 92A-92K and cross-heading inserted (15.1.2012 for the insertion of ss. 92B(1), 92C, 92D, 92E, 92F, 92G, 92H, 92I, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 26 (with Sch. 16 para. 69); S.I. 2012/57, art. 4(1)(t)(ii) (with arts. 6 7 9-11); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

92K Fundamental objectivesE+W

(1)The regulator must perform its functions with a view to achieving (so far as is possible)—

(a)the economic regulation objective, and

(b)the consumer regulation objective.

(2)The economic regulation objective is—

(a)to ensure that registered providers F96... are financially viable and properly managed, and perform their functions efficiently and economically,

(b)to support the provision of social housing sufficient to meet reasonable demands (including by encouraging and promoting private investment in social housing),

(c)to ensure that value for money is obtained from public investment in social housing,

(d)to ensure that an unreasonable burden is not imposed (directly or indirectly) on public funds, and

(e)to guard against the misuse of public funds.

(3)The consumer regulation objective is—

(a)to support the provision of social housing that is well-managed [F97, safe, energy efficient] and of appropriate quality,

(b)to ensure that actual or potential tenants of social housing have an appropriate degree of choice and protection,

(c)to ensure that tenants of social housing have the opportunity to be involved in its management and to hold their landlords to account, F98...

[F99(ca)to ensure that registered providers act in a transparent manner in relation to their tenants of social housing, and]

(d)to encourage registered providers F100... to contribute to the environmental, social and economic well-being of the areas in which the housing is situated.

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

(5)The regulator must exercise its functions in a way that—

(a)minimises interference, and

(b)(so far as is possible) is proportionate, consistent, transparent and accountable.]

Textual Amendments

[F101Procedure etc.E+W

Textual Amendments

92L.CommitteesE+W

(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).

(3)The regulator may, with the consent of the Secretary of State, pay such remuneration and allowances as it thinks fit to any person who—

(a)is a member of a committee or sub-committee, but

(b)is not a member of the regulator.

92M.ProcedureE+W

(1)Subject to the provisions of this Part, the regulator may determine its own procedure and the procedure of any committee or sub-committee.

(2)The regulator must make such arrangements as it thinks appropriate for publishing its procedure.

(3)The validity of any proceedings is not affected by—

(a)any vacancy of the chair, chief executive or any other member,

(b)any defect in the appointment of the chair, chief executive or any other member, or

(c)any contravention of section 92P (members’ interests).

(4)In this section “procedure” includes quorum.

92N.Conflict of interestE+W

(1)The regulator’s procedure under section 92M must include arrangements for dealing with any conflict of interest of—

(a)members,

(b)members of staff, or

(c)members of committees or sub-committees.

(2)The procedure must oblige a person—

(a)to declare any financial or other personal interest relevant to the exercise of a function of the regulator, 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.

92O.DelegationE+W

(1)The regulator may delegate any of its functions to—

(a)a committee,

(b)a sub-committee,

(c)a member, or

(d)a member of staff.

(2)A committee may further delegate to a sub-committee, a member of the regulator, or a member of staff.

92P.Members’ interestsE+W

(1)A member of the regulator who is directly or indirectly interested in any matter arising at a meeting of the regulator must disclose the nature of that interest to the meeting.

(2)A member of a committee or sub-committee of the regulator who is directly or indirectly interested in any matter arising at a meeting of the committee or sub-committee must disclosure the nature of that interest to the meeting.

(3)Where a member has disclosed an interest within subsection (1) or (2)—

(a)that member must not take part in any deliberation or decision about the matter if it is a contract or agreement of any description, but

(b)may otherwise take part in any deliberation or decision about the matter unless at least one-third of the other members at the meeting decide that the interests disclosed might prejudicially affect the member’s consideration of the matter.

(4)The regulator must prepare and keep up to date a register of members’ interests of the interests disclosed under subsection (1) or (2).

(5)The register required by subsection (4) must include the interests of—

(a)the members of the regulator, and

(b)all members of committees or sub-committees whether or not falling within paragraph (a).

92Q.SealE+W

(1)The application of the regulator’s seal must be authenticated by a member of the regulator or by some other person authorised (generally or specially) by the regulator for that purpose.

(2)A document purporting to be duly executed under the seal—

(a)is to be received in evidence, and

(b)is to be treated as so executed unless the contrary is shown.]

PowersE+W

93GeneralE+W

(1)The regulator may do anything it thinks necessary or expedient for the purpose of or in connection with the performance of a function [F102of the regulator].

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

Textual Amendments

F102Words in s. 93(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 27; S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

Commencement Information

I106S. 93 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I107S. 93 in force at 1.4.2009 by S.I. 2009/803, art. 7(a)

94StudiesE+W

(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.

F103(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I108S. 94 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

95Financial assistanceE+W

(1)The regulator may, where it thinks it advances a fundamental objective, give financial assistance to a person in connection with—

(a)undertaking research,

(b)preparing guidance,

(c)developing and publicising best practice, or

(d)facilitating the management of social housing by tenants.

(2)Financial assistance under subsection (1) may be given—

(a)by way of grant,

(b)by way of loan,

(c)by defraying expenditure on behalf of a person, or

(d)in any other way except purchasing loan or share capital of a body corporate or giving a guarantee or indemnity.

(3)The regulator may, where it thinks it advances a fundamental objective, give financial assistance to [F104a private registered provider] by—

(a)lending money to or in respect of the registered provider, or

(b)giving a guarantee or indemnity in respect of the registered provider.

(4)Financial assistance may be given under subsection (3) only with the consent of the Secretary of State (given with the approval of the Treasury).

(5)Financial assistance under subsection (1) or (3) may be given on conditions (which may include provision for repayment, with or without interest).

Textual Amendments

Commencement Information

I109S. 95(1)(2)(5) in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I110S. 95(1)(2)(5) in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

I111S. 95(3)(4) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

96EvidenceE+W

In considering whether to exercise a power under this Part the regulator may have regard to information or opinions from any source including, in particular, from—

(a)tenants,

(b)bodies representing tenants,

(c)local housing authorities, or

(d)[F105the Commission for Local Administration in England or] [F106a housing ombudsman].

Textual Amendments

Commencement Information

I112S. 96 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I113S. 96 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

[F10796AAdvisory panelE+W

(1)The regulator must establish a panel of persons called “the Advisory Panel”.

(2)The Panel may provide information and advice to the regulator about, or on matters connected with, the regulator’s functions (whether or not it is requested to do so by the regulator).

(3)The reference in subsection (2) to matters connected with the regulator’s functions includes anything which could have a significant impact on registered providers or the provision of social housing.

(4)The regulator must appoint the following persons to the Panel—

(a)persons appearing to the regulator to represent the interests of—

(i)registered providers;

(ii)secured creditors of registered providers;

(iii)tenants of social housing;

(iv)local housing authorities,

(b)the Greater London Authority,

(c)the HCA, and

(d)the Secretary of State.

(5)The regulator may appoint such other persons to the Panel as it thinks fit to appoint.

(6)The regulator may make payments to persons who are members of the Panel in respect of any expenses they incur in connection with their appointment to the Panel.

(7)The regulator must make arrangements requiring any person who is a member of the Panel to declare any financial or other personal interest relevant to the regulator’s functions.]

Textual Amendments

97Information, advice etc.E+W

(1)The regulator may for the purpose of advancing its fundamental objectives—

(a)publish ideas or information;

(b)undertake research in relation to social housing;

(c)provide guidance, advice, education or training.

(2)The regulator may for that purpose—

(a)arrange for another person to do anything within subsection (1)(a) to (c);

(b)act jointly with, cooperate with or assist another person doing anything within subsection (1)(a) to (c).

(3)The persons to whom advice may be given under subsection (1) include—

(a)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).

Commencement Information

I114S. 97 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I115S. 97 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

98Tenant involvementE+W

(1)The regulator shall—

(a)promote awareness of the regulator's functions among tenants of social housing,

(b)where the regulator thinks it appropriate, consult them about the exercise of its functions (for example, by holding meetings), and

(c)where the regulator thinks it appropriate, involve them in the exercise of its functions (for example, by appointing them to committees or sub-committees).

(2)The regulator shall from time to time publish a statement about how it proposes to comply with subsection (1).

(3)Before publishing a statement the regulator must consult such persons as it thinks appropriate.

Commencement Information

I116S. 98 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I117S. 98 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

MoneyE+W

F10899RemunerationE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F10999A.RemunerationE+W

(1)The regulator may pay to or in respect of appointed members—

(a)remuneration, and

(b)travelling and other allowances.

(2)The Secretary of State must determine rates and eligibility criteria for payments under subsection (1).

(3)If the Secretary of State considers that there are special circumstances that justify the payment of compensation to a person on ceasing to be an appointed member, the regulator may pay such compensation as is determined by the Secretary of State.]

Textual Amendments

100ChargingE+W

[F110(1)]The regulator may charge for giving advice, conducting research or providing other services.

F111(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F110Words in s. 100 numbered as s. 100(1) (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 29(a); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

Commencement Information

I118S. 100 in force at 8.9.2008 by S.I. 2008/2358, art. 3(1)

[F112100A.Assistance by Secretary of StateE+W

(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).]

Textual Amendments

[F112100B.BorrowingE+W

(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.]

Textual Amendments

[F112100C.AccountsE+W

(1)The regulator must keep proper accounts (and proper records of its accounts).

(2)As soon as is reasonably practicable after the end of each financial year the regulator must 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 must, 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 must—

(a)examine, certify and report on the statement, and

(b)send a copy of the certified statement and the report to the Secretary of State as soon as possible.

(6)The Secretary of State must lay before Parliament a copy of each statement and report received under subsection (5).]

Textual Amendments

[F112100D.Regulator’s annual reportE+W

(1)The regulator must, as soon as is reasonably practicable after the end of each financial year, prepare an annual report in relation to how it has exercised its functions during that financial year.

(2)The regulator must, within such period as the Secretary of State may direct, send a copy of the annual report to the Secretary of State.

(3)The Secretary of State must lay a copy of each annual report before Parliament.]

Textual Amendments

[F112100E.Financial yearE+W

(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 80A comes into force, and

(b)ending with the next 31st March.]

Textual Amendments

[F112Relationship with the HCAE+W

100FCooperation with the HCAE+W

(1)The regulator must, in the exercise of its functions, cooperate with the HCA.

(2)The regulator must, in particular, consult the HCA on matters related to the HCA’s social housing functions.

100GDirection to the HCAE+W

(1)The regulator may direct the HCA not to give financial assistance to a specified registered provider—

(a)under section 19, and

(b)in connection with social housing.

(2)A direction may be given if—

(a)the regulator has decided to hold an inquiry into the affairs of the registered provider under section 206 (and the inquiry is not concluded),

[F113(b)an event mentioned in section 145(2) has occurred in relation to the registered provider,] or

(c)the regulator has appointed an officer of the registered provider under section 269 (and the person appointed has not vacated office).

(3)A direction may prohibit the HCA from giving assistance of a specified kind (whether or not in pursuance of a decision already taken and communicated to the registered provider).

(4)A direction may not prohibit grants to a registered provider in respect of discounts given by the provider on disposals of dwellings to tenants.

(5)A direction has effect until withdrawn.]

Textual Amendments

[F114Relationship with housing ombudsmanE+W

Textual Amendments

100HRelationship with housing ombudsmanE+W

(1)The regulator and a housing ombudsman must each take such steps as it considers appropriate to co-operate in the exercise of their respective functions.

(2)The regulator and a housing ombudsman must prepare and maintain a memorandum describing how they intend to comply with subsection (1).

(3)The regulator and a housing ombudsman must ensure that the memorandum between them as currently in force is published in the way appearing to them to be best calculated to bring it to the attention of the public.]

F115101Assistance by Secretary of StateE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F116102BorrowingE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F117103AccountsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F118104Financial yearE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Relationship with other bodiesE+W

F119105Cooperation with the HCAE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F120106Direction to the HCAE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F121106ACooperation with the Audit CommissionE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

InformationE+W

107CollectionE+W

[F122(1)The regulator, or a person authorised under subsection (4A), may for a purpose connected with the regulator’s functions require a person to provide documents or information which the regulator or person authorised (as the case may be) has reason to believe is or may be in the person’s possession.]

F123(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F124(2A)A requirement under subsection (1) may also require the person to provide an explanation of any document or information required under that subsection.]

(3)A requirement [F125under subsection (1)] may specify—

(a)the form and manner in which a [F126document, information or an explanation] is to be provided (which may include the provision of a legible copy of information stored electronically);

(b)when and where it is to be provided.

(4)The regulator may copy or record [F127documents, information or explanations] provided.

[F128(4A)The regulator may in writing authorise a person to exercise any of its powers under this section.

(4B)An authorisation—

(a)must specify the extent to which the person is authorised to exercise the powers, and

(b)may provide that the person is to be authorised for a particular period.]

(5)Failure to comply with a requirement [F129under subsection (1)] without reasonable excuse is an offence.

(6)Intentionally altering, suppressing or destroying a document or information [F130required under subsection (1)] is an offence.

[F131(6A)Knowingly or recklessly providing the regulator, or a person authorised under subsection (4A), with a document, information or an explanation which is false or misleading in purported compliance with a requirement under subsection (1) is an offence.]

(7)If a person fails to comply with a requirement [F132under subsection (1)] the High Court may, on an application by the regulator, make an order for the purpose of remedying the failure.

Textual Amendments

Commencement Information

I119S. 107 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

108Section 107: supplementalE+W

(1)A requirement [F133under section 107(1)] does not require a person to disclose anything which the person would be entitled to refuse to disclose on grounds of legal professional privilege in proceedings in the High Court.

[F134(2)A requirement under section 107(1) does not require a banker to breach a duty of confidentiality owed to a person who is not—

(a)a registered provider,

(b)a subsidiary of a registered provider,

(c)an associate of a registered provider, or

(d)a person who is certified in writing by the regulator as being—

(i)a person who has applied to be entered in the register of providers of social housing, or

(ii)a local authority which the regulator thinks may be, or may become, a provider of social housing.]

(3)A person guilty of an offence under section 107(5) is liable on summary conviction to a fine F135....

(4)A person guilty of an offence under section 107(6) [F136or (6A)] is liable—

(a)on summary conviction, to a fine F137...;

(b)on conviction on indictment, to—

(i)imprisonment for a term not exceeding two years,

(ii)a fine, or

(iii)both.

(5)Proceedings for an offence under section 107(5) [F138, (6) or (6A)] may be brought only by or with the consent of—

(a)the regulator, or

(b)the Director of Public Prosecutions.

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

Textual Amendments

Commencement Information

I120S. 108 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

109DisclosureE+W

(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).

Commencement Information

I121S. 109 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

Chapter 3E+WRegistration

IntroductionE+W

110OverviewE+W

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

Commencement Information

I122S. 110 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

111The registerE+W

(1)The regulator shall maintain a register of providers of social housing.

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

Commencement Information

I123S. 111 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

EligibilityE+W

112[F139Eligibility for voluntary registration]E+W

[F140(1)A body is eligible for registration if—

(a)it is an English body, and

(b)it satisfies the following conditions.]

(2)Condition 1 is that the body—

(a)is a provider of social housing in England, or

(b)intends to become a provider of social housing in England.

(3)Condition 2 is that the body satisfies any relevant criteria set by the regulator F141...—

(a)[F142as to] its financial situation,

(b)[F143as to] its constitution, F144...

(c)[F145as to] other arrangements for its management [F146, and

(d)to secure that the body would meet, on registration, standards set by the regulator under sections 193, 194, 194A and 194C.]

(4)Before setting criteria the regulator must consult—

F147(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F148(za)the HCA,]

[F149(aa)the Greater London Authority,]

(b)one or more bodies appearing to it to represent the interests of [F150private registered providers],

[F151(ba)any body for the time being nominated under section 278A,]

and

(c)one or more [F152other] bodies appearing to it to represent the interests of tenants.

F153(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I124S. 112(1)(2) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

I125S. 112(3)(4) in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1) (with art. 3(3)(4))

I126S. 112(3)(4) in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

F155113[F154Section 112: exceptions]E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

114Registration of local authoritiesE+W

F156(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The Secretary of State may by order require [F157or permit] the regulator to register—

(a)a specified local authority, or

(b)a specified class of local authority.

(3)Registration under subsection (2)—

(a)takes effect in accordance with any provision of the order about timing or other procedural or incidental matters, [F158and]

(b)does not require an application for registration, F159...

F160(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)If the Secretary of State thinks it necessary or desirable in connection with the registration of local authorities, the Secretary of State may by order—

(a)provide for a provision of this Part or any other enactment not to apply in relation to registered local authorities;

(b)provide for a provision of this Part or any other enactment to apply with specified modifications in relation to registered local authorities;

(c)amend a provision of this Part or any other enactment.

(5)In this section—

F161(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)“registered local authorities” means authorities or persons who are registered, registrable or to be registered as a result of an order under subsection F162... (2) above.

(6)Before making an order under this section the Secretary of State shall consult—

(a)any authority or person likely to be affected by it, and

(b)such other persons as the Secretary of State thinks fit.

Textual Amendments

Commencement Information

I127S. 114 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I128S. 114 in force at 7.9.2009 for E. in so far as not already in force by S.I. 2009/2096, art. 2(1)

[F163114ALocal authorities: duty to notifyE+W

(1)A local authority F164... which is not subject to compulsory registration must notify the regulator as soon as it becomes subject to compulsory registration.

(2)For these purposes, an authority is subject to compulsory registration if—

(a)it is a provider of social housing, or

(b)it intends to become a provider of social housing.]

Textual Amendments

115Profit-making and non-profit organisationsE+W

(1)Each entry in the register shall designate the body registered as either—

(a)a non-profit organisation, or

(b)a profit-making organisation.

F165(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F166(3)A body is a non-profit organisation if—

(a)it is a registered or non-registrable charity and satisfies Conditions 1 and 2, or

(b)otherwise, it satisfies Conditions 1 to 3.]

(4)Condition 1 is that the body—

(a)does not trade for profit, F167...

F168(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Condition 2 is that a purpose of the body is the provision or management of housing.

(6)Condition 3 is that any other purposes of the body are connected with or incidental to the provision of housing.

[F169(6A)The fact that a body is prohibited by its constitution from trading for profit does not, of itself, mean that it is a body which does not trade for profit for the purposes of subsection (4)(a).]

(7)The Secretary of State may make regulations providing that a specified purpose is to be, or not to be, treated as connected with or incidental to the provision of housing.

(8)A body which is not a non-profit organisation under subsection F170... (3) is a profit-making organisation.

(9)If the regulator thinks that what was a profit-making organisation has become a non-profit organisation [F171or vice versa], the regulator must change the registered designation accordingly [F172and notify the body it has done so.]

[F173(10)Subsection (1) does not apply to the entry of a local authority in the register (and, accordingly, references to “profit-making” and “non-profit” in connection with a registered provider do not refer to a local authority).]

Textual Amendments

Commencement Information

I129S. 115 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

ProcedureE+W

116[F174Entry in the register: voluntary registration]E+W

(1)The regulator shall register anyone who—

(a)is eligible for registration [F175under section 112(1)], and

(b)applies to be registered.

(2)The regulator may make provision about—

(a)the form of an application;

(b)the information to be contained in it or provided with it;

(c)the manner in which an application is to submitted;

(d)the consequences of failure to comply with provision under paragraphs (a) to (c).

[F176(2A)The regulator must notify a body of the outcome of its application.]

(3)This section is subject to section 117 (fees).

(4)Once entered [F177in the register under this section] a body remains registered unless and until removed under section 118 or 119.

(5)It shall be presumed for all purposes that a person entered in the register [F178under this section] is eligible for registration while the registration lasts (irrespective of whether and why the person is later removed from the register).

[F179(6)This section deals with voluntary registration; for the registration of [F180local authorities], see section 114.]

Textual Amendments

Commencement Information

I130S. 116(1) s. 116(3)-(5) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

I131S. 116(2) in force at 8.9.2008 by S.I. 2008/2358, art. 3(1)

117 FeesE+W

[F181(1)The regulator may charge—

(a)a fee [F182for dealing with an application] for initial registration, and

(b)an annual fee for continued registration.

[F183(1A)The regulator may make dealing with an application for initial registration conditional upon the payment of the fee.]

(2)Except in the case of a local authority, the regulator may make F184... continued registration conditional upon payment of the fee.]

(3)The regulator shall—

(a)prescribe the amount of a fee, and

(b)make provision about the periods during which and in respect of which annual fees are payable.

(4)The regulator may set different fees, and make different provision, for different cases or circumstances.

[F185(4A)The amount of a fee payable under this section may be calculated by reference to costs incurred, or likely to be incurred, by the regulator in the performance of any of its functions, including costs unconnected with the fee-payer and costs unconnected with registration or regulation under this Part.]

(5)Fees must be set in accordance with principles which the regulator prepares and publishes and which are designed to ensure that so far as is reasonably practicable—

(a)fee income matches [F186the costs incurred in] the performance of [F187the regulator's] functions,

(b)F188... and

(c)actual or potential registered providers can see the relationship between the amount of a fee and the costs [F189incurred, or likely to be incurred, in the performance of the regulator’s functions].

(6)The principles—

(a)shall provide for section 95(3) to be disregarded for the purpose of subsection (5)(a), and

(b)may provide for specified expenditure or potential expenditure under section 95 or otherwise to be disregarded for the purpose of subsection (5)(a).

(7)Principles do not have effect until approved by the Secretary of State.

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

(9)The [F190regulator’s] accounts shall show—

(a)fees received, and

(b)fees outstanding.

F191(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F187Words in s. 117(5)(a) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 37(2); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

Commencement Information

I132S. 117 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I133S. 117 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

118De-registration: compulsoryE+W

(1)The regulator may remove from the register a [F192private registered provider] which the regulator thinks—

(a)is no longer eligible for registration,

[F193(aa)has failed to meet a standard under section 193, 194 or 194C,]

(b)has ceased to carry out activities, or

(c)has ceased to exist.

[F194(2)Before acting under subsection (1)(a), (aa) or (b) the regulator must—

(a)give the private registered provider a notice—

(i)warning the provider that the regulator is considering action under the provision concerned, and

(ii)specifying a period (which must be at least 14 days beginning with the day the provider receives the notice) within which the provider may make representations, and

(b)consider any representations made during that period.]

[F195(3)The regulator must notify a private registered provider of a decision to remove it from the register under subsection (1)(a), (aa) or (b).]

[F196(4)The regulator shall remove a local authority from the register if the regulator becomes aware that the authority—

(a)is no longer a provider of social housing, or

(b)no longer intends to become a provider of social housing (in the case of an authority which intended to become one but did not in fact do so).]

Textual Amendments

Commencement Information

I134S. 118 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

119De-registration: voluntaryE+W

(1)A [F197private registered provider] may ask the regulator to remove it from the register.

(2)The regulator may comply with a request—

(a)on the grounds that the registered provider no longer is or intends to be a provider of social housing in England,

(b)on the grounds that the registered provider is subject to regulation by another authority whose control is likely to be sufficient, or

(c)on the grounds that the registered provider meets any relevant criteria for de-registration set by the regulator.

(3)Before deciding whether or not to comply, the regulator must consult such local authorities in whose area the registered provider acts as it thinks appropriate.

(4)The regulator shall not comply with a request by a non-profit registered provider if it thinks that removal is sought with a view to enabling the registered provider to distribute assets to members.

(5)In deciding whether or not to comply, the regulator must (in particular) have regard to—

F198(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)any conditions imposed in connection with financial assistance given to the registered provider under any enactment.

(6)Having decided whether or not to remove the registered provider the regulator must notify—

(a)the provider, and

(b)any authority consulted.

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

Textual Amendments

Commencement Information

I135S. 119(1) s. 119(3)-(6) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

I136S. 119(2)(7) in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I137S. 119(2)(7) in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

120NoticeE+W

(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 [F60a registered society], the [F199Financial Conduct Authority], F200...

(c)in the case of a registered company (whether or not also a registered charity) [F201or a limited liability partnership], the registrar of companies for England and Wales [F202, and

(d)in the case of a local authority, the Secretary of State.]

(2)[F203Except 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.

Textual Amendments

Commencement Information

I138S. 120 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

121AppealE+W

(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 [F204under section 118(1)], F205...

(c)to refuse to de-register it,

[F206(d)to designate it as a non-profit organisation or as a profit-making organisation (as the case may be), or

(e)to change its registered designation.]

[F207(1A)An appeal under this section must be brought within the period of 28 days beginning with the day on which the body is notified of the decision it is appealing.]

(2)The regulator shall not de-register a body [F208during the appeal period].

[F209(2A)The “appeal period” means—

(a)where an appeal is brought, the period beginning with the day on which notice of the decision appealed against is given and ending with the day on which the appeal is finally determined or withdrawn, and

(b)otherwise, the period during which an appeal could be brought.

(2B)Subsections (1A) to (2A) do not apply to a decision of the regulator to de-register a body under section 118(1)(c).]

(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.

Textual Amendments

Commencement Information

I139S. 121 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

Chapter 4E+WRegistered providers

General provisionsE+W

122Payments to members etc.E+W

(1)This section restricts the making of gifts, and the payment of dividends and bonuses, by a non-profit registered provider to—

(a)a member or former member of the registered provider,

(b)a member of the family of a member or former member,

(c)a company which has as a director a person within paragraph (a) or (b).

(2)A gift may be made, and a dividend or bonus may be paid, only if it falls within one of the following permitted classes.

(3)Class 1 is payments which—

(a)are in accordance with the constitution of the registered provider, and

(b)are due as interest on capital lent to the provider or subscribed in its shares.

(4)Class 2 is payments which—

(a)are paid by a fully mutual housing association (within the meaning of section 1(2) of the Housing Associations Act 1985 (c. 69)),

(b)are paid to former members of the association, and

(c)are due under—

(i)tenancy agreements with the association, or

(ii)agreements under which the former members became members of the association.

(5)Class 3 is payments which—

(a)are in accordance with the constitution of the registered provider making the payment (“the payer”), and

(b)are made to a registered provider which is a subsidiary or associate of the payer.

[F210(5A)Class 4 is payments which—

(a)are in accordance with the constitution of the registered provider,

(b)are paid for the benefit of tenants of the provider, and

(c)are in any particular case paid to assist the tenant to obtain other accommodation by acquiring a freehold, or long-leasehold, interest in a dwelling.

(5B)For the purposes of subsection (5A)—

  • “ long-leasehold interest ”, in relation to a dwelling, means the lessee's interest under a lease of the dwelling granted, for a premium, for a term certain exceeding 21 years;

  • “ acquiring ”, in relation to a long-leasehold interest in a dwelling, includes acquiring by grant and acquiring by assignment. ]

(6)If a [F211registered provider] contravenes this section—

(a)it may recover the wrongful gift or payment as a debt from the recipient, and

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

[F212(7)The Secretary of State may by order amend this section for the purpose of—

(a)adding to the permitted classes, or

(b)modifying or removing a permitted class added by order under this subsection.

(8)Before making an order under subsection (7), the Secretary of State must consult—

(a)the Charity Commission,

(b)the regulator, and

(c)one or more bodies appearing to the Secretary of State to represent the interests of registered providers.]

Textual Amendments

F210S. 122(5A)(5B) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 177, 240(1)(j)

Commencement Information

I140S. 122 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

123Disposal of propertyE+W

Chapter 5 makes provision about disposal of property [F213by private registered providers].

Textual Amendments

Commencement Information

I141S. 123 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

124ComplaintsE+W

(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—

“General provision about orders

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

Commencement Information

I142S. 124 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

125Voluntary undertakingE+W

(1)A registered provider may give the regulator an undertaking in respect of any matter concerning social housing.

(2)The regulator may prescribe a procedure to be followed in giving an undertaking.

(3)In exercising a power under Chapter 6 or 7 the regulator must have regard to any undertaking offered or given.

(4)The regulator may found a decision about whether to exercise a power under Chapter 6 or 7 wholly or partly on the extent to which an undertaking has been honoured.

Commencement Information

I143S. 125 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

F214126Sustainable community strategiesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F215Health and safety lead for registered providerE+W

Textual Amendments

126ADesignation of health and safety leadE+W

(1)A registered provider must designate an individual to carry out the functions in section 126B.

(2)The individual designated under subsection (1) is referred to in this Part as the “health and safety lead” for the registered provider.

(3)The health and safety lead must be—

(a)in the case of a private registered provider—

(i)if the provider has at least 15 employees, an employee of the provider;

(ii)otherwise, an employee or officer of the provider;

(b)in the case of a local authority which operates executive arrangements and has a leader and cabinet executive (England)—

(i)the executive leader,

(ii)another member of the executive, or

(iii)an employee of the authority;

(c)in the case of a local authority which operates executive arrangements and has a mayor and cabinet executive—

(i)a member of the executive other than the elected mayor, or

(ii)an employee of the authority;

(d)in the case of the Common Council of the City of London, an employee of the Common Council;

(e)in the case of any other local authority—

(i)the chairman or vice-chairman of the authority (if holding a paid office), or

(ii)an employee of the authority.

(4)In this section and section 126B, the following terms have the same meanings as in Part 1A of the Local Government Act 2000 (and see the provisions of that Act mentioned)—

  • “elected mayor” (section 9H(1));

  • “executive” (section 9C);

  • “executive arrangements” (section 9B(4));

  • “executive leader” (section 9C(3)(a));

  • “leader and cabinet executive (England)” (section 9C(3));

  • “mayor and cabinet executive” (section 9C(2)).

(5)For the purposes of subsection (3)(e)(i)—

(a)the references to the chairman and vice-chairman of an authority are to those persons elected under section 3 or 5 of the Local Government Act 1972 (or in relation to a London borough council are to be read in accordance with section 270(4) of that Act);

(b)a chairman or vice-chairman holds a “paid office” if the council pays the person an allowance.

(6)The Secretary of State may by regulations amend this section to alter who may be the health and safety lead for a registered provider.

126BFunctions of the health and safety leadE+W

(1)The functions of the health and safety lead for a registered provider are to—

(a)monitor the provider’s compliance with health and safety requirements;

(b)assess risks of failure to comply with health and safety requirements;

(c)notify the responsible body of the provider of—

(i)risks assessed under paragraph (b) of material failures by the provider to comply with health and safety requirements;

(ii)material failures by the provider to comply with health and safety requirements;

(d)provide advice to the responsible body as to how the provider should address risks and failures notified to the responsible body under paragraph (c) for the purpose of ensuring that the provider complies with health and safety requirements.

(2)In this Part, “health and safety requirement”, in relation to a registered provider, means a statutory requirement, so far as it—

(a)relates to the health or safety of tenants of social housing, and

(b)applies to the provider by virtue of being the provider of that social housing (including where it is expressed as applying to a landlord or employer or in some other way).

(3)In this section, “statutory requirement” means a requirement imposed by or by virtue of legislation and includes—

(a)an obligation under a covenant implied by or under legislation (such as a covenant under section 9A of the Landlord and Tenant Act 1985 (fitness for human habitation of dwellings in England));

(b)a requirement imposed—

(i)by a notice given under legislation, or

(ii)by or as a result of other action (such as enforcement action mentioned in section 5(2) or 7(2) of the Housing Act 2004 (housing conditions: category 1 and 2 hazards)) taken under legislation.

(4)In subsection (3), “legislation” means any provision of or made under—

(a)an Act of Parliament, or

(b)a Measure or Act of Senedd Cymru.

(5)For the purposes of this section, the “responsible body” of a registered provider—

(a)in the case of a local authority which operates executive arrangements, is the executive;

(b)in the case of any other local authority, is the councillors;

(c)in the case of a private registered provider, has the meaning given by the following table—

Private registered providerMeaning of “responsible body”
Registered charity which is not a registered companyIts charity trustees within the meaning given by section 177 of the Charities Act 2011
Registered societyIts committee within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014
Registered companyIts directors within the meaning given by section 250 of the Companies Act 2006
Limited liability partnershipIts members

(See section 126A(4) for the meanings of terms used in paragraph (a).)

126CDuties of registered provider in relation to health and safety leadE+W

(1)A registered provider must—

(a)ensure that the health and safety lead—

(i)has sufficient authority (including, in particular, authority to obtain information) within the provider’s organisation, and

(ii)can devote sufficient time to the functions of the health and safety lead,

to perform the role of health and safety lead effectively;

(b)provide the health and safety lead with the resources needed to carry out those functions.

(2)A registered provider must, in accordance with requirements published by the regulator—

(a)notify the regulator of the name and contact details of the health and safety lead, and

(b)publish that information.

126DHealth and safety lead: generalE+W

(1)Nothing in sections 126A to 126C affects—

(a)the responsibility of a registered provider for compliance with health and safety requirements, or

(b)the liability of the registered provider or of any director, member or other officer or person for a failure to comply with health and safety requirements.

(2)The health and safety lead is not, by virtue of those sections—

(a)responsible for the registered provider’s compliance with health and safety requirements, or

(b)liable for a failure by the registered provider to comply with health and safety requirements,

(but this does not affect any responsibility or liability which the individual designated under section 126A has otherwise than as health and safety lead).

(3)A registered provider may nominate an individual to carry out the functions of the health and safety lead if the health and safety lead is unable to act due to absence or illness.]

AccountsE+W

127DirectionsE+W

(1)The regulator may give directions to [F216private registered providers] about the preparation of their accounts.

(2)A direction may be given to a profit-making registered provider only in so far as its accounts relate to social housing activities.

(3)The power must be exercised with a view to ensuring that accounts—

(a)are prepared in proper form, and

(b)present a true and fair view of—

(i)the state of affairs of each registered provider in relation to its social housing activities, and

(ii)the disposition of funds and assets which are, or have been, in its hands in connection with those activities.

(4)A direction may require a registered charity to use a specified method for distinguishing in its accounts between—

(a)matters relating to its social housing activities, and

(b)other matters.

(5)A direction—

(a)may make provision that applies generally or only to specified cases, circumstances or registered providers, and

(b)may make different provision for different cases, circumstances or registered providers.

(6)A direction that relates to more than one registered provider may be given only after consulting one or more bodies appearing to the regulator to represent the interests of [F217private registered providers].

(7)The regulator shall make arrangements for bringing a direction to the attention of every registered provider to which it applies.

Textual Amendments

Commencement Information

I144S. 127(1)-(5) (7) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

I145S. 127(6) in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1) (with art. 3(3)(4))

I146S. 127(6) in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

128Submission to regulatorE+W

(1)Each [F218private registered provider] shall send a copy of its accounts to the regulator within the period of 6 months beginning with the end of the period to which the accounts relate.

(2)The accounts must be accompanied by—

(a)an auditor's report, or

(b)in the case of accounts that by virtue of an enactment are not subject to audit, any report that is required to be prepared in respect of the accounts by virtue of an enactment.

(3)The report must specify whether the accounts comply with any relevant directions under section 127.

[F219(4)Each local authority which is a registered provider shall send copies of the following documents to the regulator so far as they relate to the provision of social housing—

(a)[F220any report under paragraph 1 of Schedule 7 to the Local Audit and Accountability Act 2014 (public interest reports)] in relation to its accounts;

(b)its audited accounts, accompanied by any report made under that section at the conclusion of the audit.

(5)The local authority shall send the copies to the regulator as soon as the authority receives them.]

Textual Amendments

Commencement Information

I147S. 128 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

129Companies [F221or limited liability partnerships] exempt from auditE+W

(1)This section applies in relation to a registered provider which—

(a)is a registered company other than a charity [F222or is a limited liability partnership], and

(b)is exempt from the audit requirements of the Companies Act 2006 (c. 46) by virtue of section 477 of that Act (small companies' exemption).

(2)The directors of the company [F223or members of the limited liability partnership] shall cause a report to be prepared in accordance with section 130 and made to the [F224registered provider’s] members in respect of the [F224registered provider’s] individual accounts for any year in [F225which the registered provider] takes advantage of its exemption from audit.

(3)“Individual accounts” [F226means accounts prepared in accordance with] section 396 of the Companies Act 2006.

Textual Amendments

Commencement Information

I148S. 129 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

130Exempt companies [F227or limited liability partnerships]: accountant's reportE+W

(1)The report required by section 129 must be prepared by a person (“the reporting accountant”) who is eligible under section 131.

(2)The report must state whether the individual accounts are in accordance with the [F228registered provider’s] accounting records kept under section 386 of the Companies Act 2006.

(3)On the basis of the information contained in the accounting records the report must also state whether—

(a)the accounts comply with Part 15 of the Companies Act 2006;

(b)the [F229registered provider] is entitled to exemption from audit under section 477 of that Act (small companies' exemption) for the year in question.

(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.

[F230(6)In this section and sections 131 and 132—

  • “firm” means any entity, whether or not a legal person, that is not an individual and includes a body corporate, a corporation sole and a partnership or other unincorporated association;

  • “body corporate” includes a body incorporated outside the United Kingdom.]

Textual Amendments

Commencement Information

I149S. 130 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

131Exempt companies [F231or limited liability partnerships]: reporting accountantE+W

(1)A person is eligible for appointment by a [F232registered provider] as a reporting accountant under section 130 if—

(a)either of the following conditions is satisfied, and

(b)the person would not be prohibited from acting as auditor of the [F232registered provider] by virtue of section 1214 of the Companies Act 2006 (c. 46).

(2)Condition 1 is satisfied if the person is a member of a body listed in subsection (4) and under its rules—

(a)the person is entitled to engage in public practice, and

(b)is not ineligible for appointment as a reporting accountant.

(3)Condition 2 is satisfied if the person—

(a)is subject to the rules of a body listed in subsection (4) in seeking appointment or acting as a statutory auditor under Part 42 of the Companies Act 2006, and

(b)under those rules, is eligible for appointment as a statutory auditor under that Part.

(4)The bodies mentioned in subsections (2) and (3) are—

(a)the Institute of Chartered Accountants in England and Wales,

(b)the Institute of Chartered Accountants of Scotland,

(c)the Institute of Chartered Accountants in Ireland,

(d)the Association of Chartered Certified Accountants,

(e)the Association of Authorised Public Accountants,

(f)the Association of Accounting Technicians,

(g)the Association of International Accountants,

(h)the Chartered Institute of Management Accountants, and

(i)the Institute of Chartered Secretaries and Administrators.

(5)The Secretary of State may by order amend the list of bodies in subsection (4).

(6)References in this section to the rules of a body are to rules (whether or not laid down by the body itself) which the body has power to enforce and which are relevant for the purposes of Part 42 of the Companies Act 2006 (statutory auditors) or this section; and this includes rules relating to the admission and expulsion of members of the body so far as relevant for the purposes of that Part or this section.

(7)An individual or a firm may be appointed as a reporting accountant; and section 1216 of the Companies Act 2006 applies to the appointment of a partnership constituted under the law of—

(a)England and Wales,

(b)Northern Ireland, or

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

Textual Amendments

Commencement Information

I150S. 131(1)-(4) (6) (7) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

I151S. 131(5) in force at 8.9.2008 by S.I. 2008/2358, art. 3(1)

132Application of Companies ActE+W

(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 [F233registered provider] and an auditor's report on the [F234registered provider’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 [F235454] and regulations made under that [F236section (revised accounts and reports),]

(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.

Textual Amendments

Commencement Information

I152S. 132 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

133Exempt companies [F237or limited liability partnerships]: extraordinary auditE+W

(1)This section applies where, in accordance with section 129, a [F238registered provider] appoints a reporting accountant to prepare a report in respect of its accounts for any year.

(2)The regulator may require the [F239registered provider] 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 [F240registered provider], means a person who—

(a)is eligible for appointment as a statutory auditor of the [F240registered provider] under Part 42 of the Companies Act 2006 (c. 46) (statutory auditors), and

(b)is not prohibited from acting as statutory auditor of the [F240registered provider] by virtue of section 1214 of that Act (independence requirement).

Textual Amendments

Commencement Information

I153S. 133 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

134Non-audited [F241registered society]E+W

(1)This section applies to a registered provider which is [F60a registered society].

[F242(2) Section 85 of the Co-operative and Community Benefit Societies Act 2014 (“ the 2014 Act ”) (duty to obtain accountant's report) 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 [F243section 83 of the 2014 Act (duty to appoint auditors) did not apply because of a resolution under section 84 of that Act (power to disapply auditing requirements),]

(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.

[F244(5)Qualified auditor” and “year of account” have the same meaning as in Part 7 of the 2014 Act (for “year of account” see sections 77 and 78 of that Act).]

Textual Amendments

Commencement Information

I154S. 134 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

135CharityE+W

(1)This section applies to a F245... registered provider which is a registered charity.

(2)The charity shall—

(a)keep proper accounting records of its transactions and its assets and liabilities in relation to its housing activities, and

(b)maintain a satisfactory system of control of those records, its cash holdings and its receipts and remittances in relation to those activities.

(3)For each period of account the charity shall prepare—

(a)a revenue account giving a true and fair view of the charity's income and expenditure during the period, so far as relating to its housing activities, and

(b)a balance sheet giving a true and fair view of the state of affairs of the charity as at the end of the period.

(4)The revenue account and balance sheet must be signed by at least two directors or trustees.

(5)“Period of account” means—

(a)a period of 12 months, or

(b)such other period not less than 6 months nor more than 18 as the charity may, with the consent of the regulator, determine.

(6)This section does not affect any obligation under [F246Part 8 of the Charities Act 2011].

Textual Amendments

F246Words in s. 135(6) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 131 (with s. 20(2), Sch. 8)

Commencement Information

I155S. 135 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

136Charity: auditE+W

(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 [F247section 144(1)(a) of the Charities Act 2011].

(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 [F248section 144(1) of the Charities Act 2011,] 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 [F249section 144(1)(b)].

(6)“Gross income” has the same meaning as in [F250section 144 of the Charities Act 2011].

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

Textual Amendments

F247Words in s. 136(4) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 132(a) (with s. 20(2), Sch. 8)

F248Words in s. 136(5)(a) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 132(b) (with s. 20(2), Sch. 8)

F249Words in s. 136(5)(b) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 132(c) (with s. 20(2), Sch. 8)

F250Words in s. 136(6) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 132(d) (with s. 20(2), Sch. 8)

Commencement Information

I156S. 136 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

137Charity: auditor's reportE+W

(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.

Commencement Information

I157S. 137 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

138Charity: accountant's reportE+W

(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 [F251the Charities Act 2011];

(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.

Textual Amendments

F251Words in s. 138(3)(a) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 133 (with s. 20(2), Sch. 8)

Commencement Information

I158S. 138 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

139Charity: extraordinary auditE+W

(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).

Commencement Information

I159S. 139 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

140Charity: auditor's powersE+W

(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.

Commencement Information

I160S. 140 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

141OffencesE+W

(1)A [F252private registered provider] commits an offence if it fails, without reasonable excuse, to comply with—

(a)a direction under section 127,

(b)a provision listed in subsection (2), or

(c)a requirement imposed under a provision listed in subsection (3).

(2)The provisions referred to in subsection (1)(b) are—

(a)section 128;

(b)section 129;

(c)section 135;

(d)section 136.

(3)The provisions referred to in subsection (1)(c) are—

(a)section 133;

(b)section 134;

(c)section 139.

(4)If a [F252private registered provider] fails to comply with a direction, provision or requirement mentioned in subsection (1) every officer of the [F252private registered provider] is guilty of an offence.

(5)It is a defence for an officer to show that the officer did everything that could reasonably have been expected to ensure compliance by the [F252private registered provider].

(6)A person guilty of an offence under this section is liable on summary conviction to a fine F253....

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

(a)the regulator, or

(b)the Director of Public Prosecutions.

Textual Amendments

Commencement Information

I161S. 141 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

142High CourtE+W

(1)If a [F254private 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.

Textual Amendments

Commencement Information

I162S. 142 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

143DisclosureE+W

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

(a)as auditor of a [F255private registered provider], or

(b)as a reporting accountant in relation to a [F256private 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.

Textual Amendments

Commencement Information

I163S. 143 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

Insolvency etc.E+W

[F257143AApplication of rules about insolvencyE+W

This group of sections does not apply to local authorities.]

Textual Amendments

F258144Preparatory steps: noticeE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F259145MoratoriumE+W

(1)A moratorium on the disposal of land by a private registered provider begins when any of the events mentioned in subsection (2) occur in relation to the provider.

(2)The events are—

(a)a petition is presented under section 124 of the Insolvency Act 1986, by a person other than the Secretary of State, for the winding up of the provider;

(b)an application is made by the provider under section 105(3) of the Housing and Planning Act 2016 for permission to pass a resolution for voluntary winding up;

(c)an application is made in accordance with paragraph 12 of Schedule B1 to the Insolvency Act 1986, by a person other than the Secretary of State, for an administration order in respect of the provider;

(d)a notice of the appointment of an administrator of the provider under paragraph 14 or 22 of Schedule B1 to the Insolvency Act 1986 is filed with the court under paragraph 18 or 29 of that Schedule;

(e)notice of intention to enforce a security over property of the provider is given under section 108(2)(a) of the Housing and Planning Act 2016 or the requirement to give such notice is waived under section 108(2)(b) of that Act.]

Textual Amendments

146 [F260Ending] of moratoriumE+W

F261(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F262(2)The moratorium [F263mentioned in section 145] ends when one of the following occurs—

(a)the expiry of the relevant period,

(b)the making of a housing administration order under Chapter 5 of Part 4 of the Housing and Planning Act 2016 in relation to the registered provider, or

(c)the cancellation of the moratorium (see subsection (5)).]

[F262(2A)The “relevant period” is—

(a)the period of 28 days beginning with the [F264relevant day], plus

(b)any period by which that period is extended under subsection (3).]

[F265(2B)The “relevant day” is—

(a)in the case of an event mentioned in section 145(2)(a), the day on which notice under section 104(2)(a) of the Housing and Planning Act 2016 is given or on which the requirement to give such notice is waived under section 104(2)(b) of that Act;

(b)in the case of an event mentioned in section 145(2)(b), the day on which notice under section 105(4)(a) of the Housing and Planning Act 2016 is given or on which the requirement to give such notice is waived under section 105(4)(b) of that Act;

(c)in the case of an event mentioned in section 145(2)(c), the day on which notice under section 106(3)(a)(i) of the Housing and Planning Act 2016 is given or on which the requirement to give such notice is waived under section 106(3)(a)(ii) of that Act;

(d)in the case of an event mentioned in section 145(2)(d), the day on which notice under section 107(4)(a)(i) of the Housing and Planning Act 2016 is given or on which the requirement to give such notice is waived under section 107(4)(a)(ii) of that Act;

(e)in the case of an event mentioned in section 145(2)(e), the day of that event.]

(3)During a moratorium the regulator may extend it (or further extend it) for a specified [F266period if—

(a)the regulator has made reasonable enquiries with a view to locating secured creditors of the registered provider, and

(b)where the regulator located one or more such creditors, each of them has consented to the extension.]

(4)If the regulator extends a moratorium it shall notify—

(a)the registered provider, [F267and]

(b)any liquidator, administrator, administrative receiver or receiver appointed in respect of the registered provider or its land, F268...

F269(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F270(4A)If the regulator extends a moratorium in respect of a private registered provider who owns land in Greater London, the regulator shall also notify the Greater London Authority.]

(5)During a moratorium the regulator may cancel it F271....

F272(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)When a moratorium ends the regulator shall give notice, and (except in the case of cancellation) an explanation of section 147, to—

(a)the registered provider, and

(b)such of its secured creditors as the regulator is able to locate after making reasonable enquiries.

[F273(7A)The regulator shall also notify the HCA as follows—

(a)if it extends a moratorium, and

(b)when a moratorium ends.]

F274(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F275(8A)When a moratorium in respect of a private registered provider who owns land in Greater London ends, the regulator shall also give notice to the Greater London Authority.]

[F276(9)If [F277an event mentioned in section 145(2) occurs] during a moratorium, that does not—

(a)start a new moratorium, or

(b)alter the existing moratorium's duration.]

Textual Amendments

F262S. 146(1)-(2A) substituted for s. 146(1) (5.7.2018) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 6 para. 4(2); S.I. 2018/805, reg. 3(c) (with reg. 4)

F268Word in s. 146(4)(b) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 26; S.I. 2012/628, art. 6(j) (with arts. 9 11 14 15 17)

Commencement Information

I164S. 146 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

147Further moratoriumE+W

(1)This section applies if—

(a)a moratorium in respect of a [F278private registered provider] ends otherwise than by cancellation, and

(b)a further [F279event mentioned in section 145(2) occurs] in relation to the provider within the period of 3 years beginning with the end of the moratorium.

(2)The further [F280event mentioned in section 145(2] does not automatically trigger a further moratorium.

(3)But the regulator may impose a further moratorium for a specified [F281period if—

(a)the regulator has made reasonable enquiries with a view to locating secured creditors of the registered provider, and

(b)where the regulator located one or more such creditors, each of them has consented to the further moratorium.]

(4)If the regulator imposes a new moratorium it shall notify—

[F282(za)the HCA,]

(a)the registered provider,[F283and]

(b)any liquidator, administrator, administrative receiver or receiver appointed in respect of the registered provider or any of its land, F284...

F285(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F286(4A)If the regulator imposes a new moratorium in respect of a private registered provider who owns land in Greater London, the regulator shall also notify the Greater London Authority.]

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

Textual Amendments

F283Word in s. 147(4)(a) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 40(a); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F284Word in s. 147(4)(b) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 26; S.I. 2012/628, art. 6(j) (with arts. 9 11 14 15 17)

Commencement Information

I165S. 147 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

148Effect of moratoriumE+W

(1)During a moratorium [F287neither] the HCA [F288, nor the Greater London Authority, may]—

(a)F289... give the registered provider a direction under section 32(4), [F290or]

(b)F291... 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.

Textual Amendments

F290Word in s. 148(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 52(d); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

Commencement Information

I166S. 148 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

149Exempted disposalsE+W

(1)The regulator's consent is not required under section 148 for the following exceptions.

(2)Exception 1 is a letting under—

(a)an assured tenancy, or

(b)an assured agricultural occupancy.

(3)Exception 2 is a letting under what would be an assured tenancy or an assured agricultural occupancy but for any of paragraphs 4 to 8, 12(1)(h) and 12ZA to 12B of Schedule 1 to the Housing Act 1988 (c. 50) (tenancies which cannot be assured tenancies).

(4)Exception 3 is a letting under a secure tenancy.

(5)Exception 4 is a letting under what would be a secure tenancy but for any of paragraphs 2 to 12 of Schedule 1 to the Housing Act 1985 (c. 68) (tenancies which are not secure tenancies).

F292(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Exception [F2935] is a disposal under Part V of the Housing Act 1985 (right to buy).

(8)Exception [F2946] is a disposal under the right conferred by—

(a)section 180, F295...

F295(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F296(9)Exception 7 is a letting under an occupation contract (within the meaning of section 7 of the Renting Homes (Wales) Act 2016 (anaw 1)) in respect of a dwelling in Wales.]

Textual Amendments

F295S. 149(8)(b) and preceding word omitted (26.1.2019) by virtue of Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (anaw 1), s. 11(3)(4), Sch. 1 para. 6(4); S.I. 2018/100, art. 2(b) (with art. 3) (with savings in S.I. 2019/110, reg. 5)

Commencement Information

I167S. 149 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

150Disposals without consentE+W

(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.

Commencement Information

I168S. 150 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

151Interim managerE+W

(1)During a moratorium the regulator may appoint an interim manager of the registered provider.

(2)An appointment may relate to the registered provider's affairs generally or to affairs specified in the appointment.

(3)Appointment shall be on terms and conditions (including as to remuneration) specified in, or determined in accordance with, the appointment.

(4)An appointment under this section shall come to an end with the earliest of the following—

(a)the end of the moratorium,

[F297(b)when the regulator notifies the interim manager that there are proposals under section 152 which are agreed proposals,] or

(c)a date specified in the appointment.

(5)An interim manager shall have—

(a)any power specified in the appointment, and

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

(6)But an interim manager may not—

(a)dispose of land, or

(b)grant security over land.

Textual Amendments

Commencement Information

I169S. 151 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

152ProposalsE+W

(1)During a moratorium the regulator may make proposals about the future ownership and management of the registered provider's land, with a view to ensuring that the property will be properly managed by a registered provider.

(2)In making proposals the regulator shall—

(a)have regard to the interests of the registered provider's creditors as a whole, and

(b)so far as is reasonably practicable avoid worsening the position of unsecured creditors.

(3)Proposals may provide for the appointment of a manager in accordance with section 155 to implement all or part of the proposals.

(4)Proposals may not include anything which would result in—

(a)a preferential debt being paid otherwise than in priority to a non-preferential debt, F298...

[F299(aa)an ordinary preferential debt being paid otherwise than in priority to a secondary preferential debt,]

(b)a preferential creditor (PC1) being paid a smaller proportion of [F300an ordinary preferential debt] than another preferential creditor (PC2) (unless PC1 consents) F301...

[F302(c)a preferential creditor (PC1) being paid a smaller proportion of a secondary preferential debt than another preferential creditor (PC2) (unless PC2 consents)] [F303or]

[F303(d)if the registered provider is a relevant financial institution—

(i)an ordinary non-preferential debt being paid otherwise than in priority to a secondary non-preferential debt,

(ii)a secondary non-preferential debt being paid otherwise than in priority to a tertiary non-preferential debt, or

(iii)a secondary non-preferential creditor (Creditor 1) being paid a smaller proportion of a secondary non-preferential debt than another secondary non-preferential creditor (Creditor 2) (unless Creditor 1 consents).]

(5)Proposals relating to a registered provider which is a charity (C1)—

(a)may not require it to act outside the terms of its trusts, and

(b)may provide for the disposal of accommodation only to another charity whose objects the regulator thinks are similar to those of C1.

Textual Amendments

Modifications etc. (not altering text)

C101S. 152 modified (28.12.2020 until IP completion day when the amending provision ceases to have effect in accordance with reg. 1(4) of the amending S.I.) by The Bank Recovery and Resolution (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1350), regs. 1(4), 124(a) (with reg. 108)

Commencement Information

I170S. 152 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

153Proposals: procedureE+W

(1)Before making proposals the regulator shall consult—

(a)the registered provider,

(b)its tenants (so far as is reasonably practicable) [F304or its contract-holders (so far as is reasonably practicable),]

[F305(ba)if the regulator is able to locate any secured creditors of the registered provider after making reasonable enquiries, those creditors,]

(c)if the registered provider is [F60a registered society], the [F306Financial Conduct Authority], and

(d)if the registered provider is a registered charity, the Charity Commission.

[F307(1A)If no secured creditors are located for the purposes of subsection (1), the proposals made by the regulator following the consultation required by that subsection are agreed proposals for the purposes of this group of sections.]

(2)[F308Where the regulator locates one or more secured creditors of the registered provider for the purposes of subsection (1), the regulator must, before making proposals, send a copy of draft proposals to—]

(a)the registered provider F309...,

[F310(b)the secured creditors located for the purposes of subsection (1),] and

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

(3)[F311If the regulator sends draft proposals under subsection (2), the regulator must also make arrangements for bringing those] proposals to the attention of—

(a)the registered provider's members,

(b)its tenants [F312or contract-holders] and

(c)its unsecured creditors.

[F313(4)If each secured creditor to whom draft proposals were required to be sent agrees to them by notice to the regulator, the draft proposals become agreed proposals for the purposes of this group of sections.]

(5)[F314Draft proposals] may be agreed with modifications if—

(a)each secured creditor to whom the [F315draft proposals were required to be sent] consents by notice to the regulator, and

(b)the regulator consents.

(6)The regulator shall send a copy of agreed proposals to—

(a)the registered provider F316...,

(b)[F317any] secured creditors to whom [F318draft] proposals were sent,

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

(d)if the registered provider is [F60a registered society], the [F319Financial Conduct Authority], and

(e)if the registered provider is a registered charity, the Charity Commission.

(7)The regulator shall also make arrangements for bringing agreed proposals to the attention of—

(a)the registered provider's members,

(b)its tenants [F320or contract-holders] and

(c)its unsecured creditors.

[F321(8)The regulator may make proposals amending agreed proposals; and this section and section 152 apply to such proposals.]

Textual Amendments

Commencement Information

I171S. 153 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

154Proposals: effectE+W

(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,

[F322(aa)in the case of a charitable incorporated organisation, its charity trustees (as defined by section 177 of the Charities Act 2011),]

[F323(ab)in the case of a limited liability partnership, its members,]

(b)in the case of [F60a registered 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.

Textual Amendments

Commencement Information

I172S. 154 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

155Manager: appointmentE+W

(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).

Commencement Information

I173S. 155 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

156Manager: powersE+W

(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.

Commencement Information

I174S. 156 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

157Manager of [F241registered society]: extra powersE+W

(1)This section applies to a manager appointed to implement proposals relating to [F60a registered 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 [F241registered 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 [F324section 109 of the Co-operative and Community Benefit Societies Act 2014] (amalgamation of societies by special resolution).

(4)An instrument transferring engagements has the same effect as a transfer of engagements under [F325section 110 or 112 of the Co-operative and Community Benefit Societies Act 2014] (transfer by special resolution to another society or company).

(5)A copy of the instrument shall be sent to and registered by the [F326Financial Conduct 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.

Textual Amendments

Commencement Information

I175S. 157 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

158Assistance by regulatorE+W

(1)The regulator may give financial or other assistance to [F327the registered provider] for the purpose of preserving its position pending [F328the regulator deciding whether to exercise the power under section 152 to make proposals and (if proposals are made) the proposals becoming agreed proposals].

(2)The regulator may give financial or other assistance to [F329the 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.

Textual Amendments

Commencement Information

I176S. 158 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

159Applications to courtE+W

(1)[F330A private registered provider] may apply to the High Court where the registered provider thinks that action taken by a manager is not in accordance with the agreed proposals.

(2)A creditor of [F331a private registered provider] may apply to the High Court where the creditor thinks that action taken by a manager is not in accordance with the agreed proposals.

(3)The High Court may—

(a)confirm, annul or modify an act of the manager;

(b)give the manager directions;

(c)make any other order.

(4)If a person bound by agreed proposals (P1) thinks that action by another person (P2) breaches section 154, P1 may apply to the High Court.

(5)The High Court may—

(a)confirm, annul or modify the action;

(b)grant relief by way of injunction, damages or otherwise.

Textual Amendments

Commencement Information

I177S. 159 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

Restructuring and dissolutionE+W

[F332159AApplication of rules about restructuring and dissolutionE+W

This group of sections does not apply to local authorities.]

Textual Amendments

[F334160Company [F333and limited liability partnership]: arrangements and reconstructionsE+W

(1)This section applies to a F335... registered provider which is a registered company [F336or a limited liability partnership].

(2)The registered provider must notify the regulator of any voluntary arrangement under Part 1 of the Insolvency Act 1986.

(3)The registered provider must notify the regulator of any order under section 899 of the Companies Act 2006 (court sanction for compromise or arrangement).

(4)An order under section 899 of Companies Act 2006 does not take effect until the registered provider has confirmed to the registrar of companies that the regulator has been notified.

(5)The registered provider must notify the regulator of any order under section 900 of the Companies Act 2006 (powers of court to facilitate reconstruction or amalgamation).

(6)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 confirmation that the regulator has been notified.

[F337(7)The registered provider must notify the regulator of any order under section 901F of the Companies Act 2006 (court sanction for compromise or arrangement).

(8)An order under section 901F of the Companies Act 2006 does not take effect until the registered provider has confirmed to the registrar of companies that the regulator has been notified.

(9)The registered provider must notify the regulator of any order under section 901J of the Companies Act 2006 (powers of court to facilitate reconstruction or amalgamation).

(10)The requirement in section 901J(6) of the Companies Act 2006 (sending copy of order to registrar) is satisfied only if the copy is accompanied by confirmation that the regulator has been notified.]]

Textual Amendments

[F338161Company: conversion into registered societyE+W

(1)This section applies to a F339... registered provider which is a registered company.

(2)The registered provider must notify the regulator of any resolution under section 115 of the Co-operative and Community Benefit Societies Act 2014 for converting the registered provider into a registered society.

(3)The registrar of companies may register a resolution under that section only if the registered provider has confirmed to the registrar that the regulator has been notified.

F340(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F340(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F340(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F340(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

[F341161ACompany: receipt of transfer of engagements from registered societyE+W

(1)This section applies to a registered provider which is a registered company.

(2)The registered provider must notify the regulator if a registered society which is not a registered provider passes a resolution under section 112(1)(c) of the Co-operative and Community Benefit Societies Act 2014 transferring its engagements to the registered provider.

(3)The Financial Conduct Authority may register the resolution only if the registered society which passed it has confirmed to the Financial Conduct Authority that the regulator has been notified.]

Textual Amendments

F342162Company: winding upE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F343163Registered society: restructuringE+W

(1)This section applies to a F344... registered provider which is a registered society.

(2)The registered provider must notify the regulator of any resolution passed by the society for the purposes of the restructuring provisions listed in subsection (4).

(3)The Financial Conduct Authority may register the resolution only if the registered provider has confirmed to the Financial Conduct Authority that the regulator has been notified.

(4)The following provisions of the Co-operative and Community Benefit Societies Act 2014 are the restructuring provisions—

(a)section 109 (amalgamation of societies);

(b)section 110 (transfer of engagements between societies);

(c)section 112 (conversion of society into a company etc).

F345(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F345(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F345(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F345(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

[F346163ARestructuring of registered societies: registration of successor bodiesE+W

(1)This section applies where —

(a)a registered provider notifies the regulator of a resolution passed by the provider for the purposes of section 109 of the Co-operative and Community Benefit Societies Act 2014 (amalgamation of societies);

(b)a registered provider notifies the regulator of a resolution passed by the provider for the purposes of section 112(1)(b) of that Act (amalgamation of society and company);

(c)a registered provider notifies the regulator of a resolution passed by the provider for the purposes of section 110 of that Act (transfer of engagements between societies) and the society to which engagements are transferred is not a registered provider;

(d)a registered provider notifies the regulator of a resolution passed by the provider for the purposes of section 112(1)(c) of that Act (transfer of engagements between society and company) and the company to which engagements are transferred is not a registered provider.

(2)When the resolution mentioned in subsection (1) (“the relevant resolution”) takes effect, the regulator must decide whether the successor body is eligible for registration under section 112.

(3)“The successor body” means—

(a)if the relevant resolution is a resolution described in paragraph (a) or (b) of subsection (1), the body created by virtue of that resolution or by virtue of that resolution and other resolutions described in that paragraph, and

(b)if the relevant resolution is a resolution described in paragraph (c) or (d) of subsection (1), the body to which engagements are transferred by virtue of the resolution.

(4)If the successor body is eligible for registration, the regulator must register it and notify it that it has done so.

(5)If the successor body is not eligible for registration, the regulator must notify it of that fact.

(6)Pending registration, or notification that it is not eligible for registration, the successor body is to be treated as if it were registered and designated as a non-profit organisation.]

Textual Amendments

Modifications etc. (not altering text)

[F347163BRegistered society: receipt of transfer of engagements from another registered societyE+W

(1)This section applies to a registered provider which is a registered society.

(2)The registered provider must notify the regulator if a registered society which is not a registered provider passes a resolution under section 110(1) of the Co-operative and Community Benefit Societies Act 2014 transferring its engagements to the registered provider.

(3)The Financial Conduct Authority may register the resolution only if the registered society which passed it has confirmed to the Financial Conduct Authority that the regulator has been notified.]

Textual Amendments

F348164Registered society: winding upE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

165[F241Registered society]: dissolutionE+W

(1)This section applies to a F349... registered provider which is—

(a)[F60a registered society], and

(b)to be dissolved by instrument of dissolution in accordance with [F350section 119 of the Co-operative and Community Benefit Societies Act 2014.]

[F351(2)The registered provider must notify the regulator.

(3)The Financial Conduct Authority may register the instrument under section 121 of that Act, or cause notice of the dissolution to be advertised under section 122 of that Act, only if the registered provider has confirmed to the Financial Conduct Authority that the regulator has been notified.]

Textual Amendments

F351S. 165(2)(3) substituted for s. 165(2) (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 27; S.I. 2017/75, reg. 4

Commencement Information

I178S. 165 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

F352166Winding up petition by regulatorE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

167Transfer of propertyE+W

(1)This section applies—

(a)where a non-profit registered provider which is [F60a registered society] is dissolved in accordance with [F353section 119 or 123 of the Co-operative and Community Benefit Societies Act 2014], and

(b)where a non-profit registered provider which is a registered company is wound up under the Insolvency Act 1986.

(2)Any surplus property that is available after satisfying the registered provider's liabilities shall be transferred—

(a)to the regulator, or

(b)if the regulator directs, to a specified non-profit registered provider.

(3)If land belonging to the registered provider needs to be sold to satisfy its liabilities, the regulator may discharge those liabilities so as to ensure that the land is instead transferred in accordance with subsection (2).

(4)Where the registered provider dissolved or wound up is a charity, a registered provider may be specified under subsection (2)(b) only if it is a charity whose objects the regulator thinks are similar to those of the original charity.

(5)This section has effect despite anything in—

F354(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the Insolvency Act 1986,

(c)the Companies Act 2006 (c. 46),

[F355(ca)the Co-operative and Community Benefit Societies Act 2014,] or

(d)the constitution of a registered provider.

Textual Amendments

Commencement Information

I179S. 167 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

168Section 167: supplementalE+W

(1)This section applies to property transferred to the regulator in accordance with section 167(2)(a).

(2)The regulator may dispose of the property only to a non-profit registered provider.

(3)Where the registered provider wound up or dissolved was a charity, the regulator may dispose of the property only to a registered provider—

(a)which is a charity, and

(b)whose objects the regulator thinks are similar to those of the original charity.

(4)If the property includes land subject to a mortgage or charge, the regulator may dispose of the land—

(a)subject to that mortgage or charge, or

(b)subject to a new mortgage or charge in favour of the regulator.

Commencement Information

I180S. 168 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

169Extension of sections 167 and 168E+W

The Secretary of State may by regulations provide for sections 167 and 168 to apply in relation to a registered provider which is a charity but not a registered company—

(a)in specified circumstances, and

(b)with specified modifications.

Commencement Information

I181S. 169 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

[F356Notification of constitutional changesE+W

Textual Amendments

F356Ss. 169A-169D and cross-headings inserted (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 29; S.I. 2017/75, reg. 4

[F357169ZAApplication of rules about notification of constitutional changesE+W

This group of sections does not apply to local authorities.]

Textual Amendments

169ARegistered societies: change of rules [F358etc] E+W

A F359... registered provider that is a registered society must notify the regulator of any change to the society's rules [F360, name or registered office].

Textual Amendments

[F361169BCharity: change to trusts etcE+W

(1)The trustees of a registered charity that is a registered provider must notify the regulator of any change to—

(a)the trusts of the charity;

(b)the purposes of the charity (if not falling within paragraph (a));

(c)the name of the charity entered in the register of charities;

(d)any number allocated to the charity by the Charity Commission which appears in the register of charities;

(e)any contact address for the charity which appears in the register of charities.

(2)But the duty to notify the regulator of changes to the matters mentioned in paragraphs (a) to (c) does not apply to the trustees of a registered charity that is a registered company.

(3)In this section—

  • “the register of charities” means the register of charities kept under section 29 of the Charities Act 2011;

  • “trusts”, in relation to a charity, has the same meaning as in the Charities Act 2011 (see section 353 of that Act).]

Textual Amendments

169CCompanies: change of articles etcE+W

A F362... registered provider that is a registered company must notify the regulator of—

(a)any amendment of the company's articles of association,

(b)any change to its name or registered office.]

Textual Amendments

[F363169CALimited liability partnership: change of name etcE+W

A registered provider that is a limited liability partnership must notify the regulator of any change to its name or registered office.]

Textual Amendments

[F364Notification of change of controlE+W

Textual Amendments

169CBApplication of rules about notification of change of controlE+W

This group of sections does not apply to local authorities.

169CCChange in board membersE+W

(1)A registered provider must notify the regulator if—

(a)the board members of the registered provider change (whether as a result of an appointment or removal of a board member or for any other reason), and

(b)following that change, any of the circumstances described in subsection (2) arise.

(2)The circumstances are that—

(a)the number of board members of the provider has increased by more than 50% since the beginning of the relevant period;

(b)the number of board members of the provider has decreased by more than 50% since the beginning of the relevant period;

(c)more than 50% of the board members of the provider are persons who were not board members of the provider at the beginning of the relevant period.

(3)For the purposes of this section, the “board members” of a registered provider are—

(a)in the case of a registered charity which is not a registered company, its charity trustees within the meaning given by section 177 of the Charities Act 2011;

(b)in the case of a registered society, the members of its committee within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014;

(c)in the case of a registered company, its directors within the meaning given by section 250 of the Companies Act 2006;

(d)in the case of a limited liability partnership, its members.

(4)For the purposes of this section, “the relevant period” is—

(a)the period of 12 months ending with the day on which the change mentioned in subsection (1)(a) takes effect (“the 12 month period”), or

(b)if the registered provider was not a registered provider throughout the 12 month period, the period—

(i)beginning with the day (or, if more than one, the latest day) in the 12 month period on which it became a registered provider, and

(ii)ending with the day on which the change mentioned in subsection (1)(a) takes effect.

169CDChange in subsidiary statusE+W

A registered provider must notify the regulator each time—

(a)it becomes a subsidiary of a person, or

(b)it ceases to be a subsidiary of a person.]

[F356Directions about notificationsE+W

169DDirections about notificationsE+W

(1)The regulator may give directions about—

(a)the period within which notifications under sections 160 to 165 or 169A to [F365169CD] must be given by F366... registered providers;

(b)the content of those notifications.

(2)The regulator may give directions dispensing with notification requirements imposed by sections 160 to 165 or 169A to [F365169CD].

(3)A direction under this section may be—

(a)general, or

(b)specific (whether as to particular registered providers, particular kinds of notification requirement or in any other way).

(4)A direction dispensing with a notification requirement may include conditions.

(5)The regulator must make arrangements for bringing a direction under this section to the attention of every registered provider to which it applies.]

Textual Amendments

Modifications etc. (not altering text)

Chapter 5E+WDisposal of property[F367by private registered providers]

Textual Amendments

IntroductoryE+W

170OverviewE+W

This Chapter makes provision about the disposal of property by [F368private registered providers].

Textual Amendments

Commencement Information

I182S. 170 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

171Power to disposeE+W

(1)A [F369private 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 [F370or to a local authority which is a registered provider].

(3)Subsection (1) is subject to the following provisions of this Chapter F371....

Textual Amendments

Commencement Information

I183S. 171 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

[F372Notification of regulator]E+W

Textual Amendments

F373172Requirement of consentE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F373Ss. 172-175 omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 15; S.I. 2017/75, reg. 4 (with reg. 6)

F373173ExceptionsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F373Ss. 172-175 omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 15; S.I. 2017/75, reg. 4 (with reg. 6)

F373174ProcedureE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F373Ss. 172-175 omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 15; S.I. 2017/75, reg. 4 (with reg. 6)

F373175Disposal without consentE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F373Ss. 172-175 omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 15; S.I. 2017/75, reg. 4 (with reg. 6)

[F374176Notification where disposal consent not requiredE+W

(1)If a private registered provider disposes of a dwelling that is social housing it must notify the regulator.

(2)If a non-profit registered provider disposes of land other than a dwelling it must notify the regulator.

(3)Subsection (1) continues to apply to any land of a private registered provider even if it has ceased to be a dwelling.

(4)The regulator may give directions about—

(a)the period within which notifications under subsection (1) or (2) must be given;

(b)the content of those notifications.

(5)The regulator may give directions dispensing with the notification requirement in subsection (1) or (2).

(6)A direction under this section may be—

(a)general, or

(b)specific (whether as to particular registered providers, as to particular property, as to particular forms of disposal or in any other way).

(7)A direction dispensing with a notification requirement—

(a)may be expressed by reference to a policy for disposals submitted by a registered provider;

(b)may include conditions.

(8)The regulator must make arrangements for bringing a direction under this section to the attention of every registered provider to which it applies.]

Textual Amendments

F375. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F375S. 177 cross-heading omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 33(b); S.I. 2017/75, reg. 4 (with reg. 7)

F376177Separate accountingE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F376178Use of proceedsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F377. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F377S. 179 and cross-heading omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 17; S.I. 2017/75, reg. 4

F377179Application of Housing Act 1996E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Right to acquireE+W

180Right to acquireE+W

(1)The tenant of a dwelling in England has a right to acquire the dwelling if—

(a)the landlord is a [F378private registered provider] or a registered social landlord,

(b)the tenancy is within subsection (2),

(c)the provision of the dwelling was publicly funded,

(d)the dwelling has remained in the social rented sector ever since that provision, and

(e)the tenant satisfies any qualifying conditions applicable under Part V of the Housing Act 1985 (c. 68) (as it applies by virtue of section 184).

(2)A tenancy is within this subsection if it is—

(a)an assured tenancy, other than F379... a long tenancy, or

(b)a secure tenancy.

[F380(2A)The Secretary of State may by regulations provide that an assured shorthold tenancy of a description specified in the regulations is not a tenancy within subsection (2).]

(3)The reference in subsection (1)(a) to a [F381private registered provider] includes—

(a)a person who provided the dwelling in fulfilment of a condition imposed by the HCA when giving assistance to the person;

(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).

Textual Amendments

F379Words in s. 180(2)(a) repealed (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 165(2), 240(2), Sch. 25 Pt. 23 (with s. 165(4)); S.I. 2012/57, art. 4(1)(r) (with arts. 6 7 9-11); S.I. 2012/628, art. 6(c) (with arts. 9 11 14 15 17)

F380S. 180(2A) inserted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 165(3), 240(2) (with s. 165(4)); S.I. 2012/57, art. 4(1)(r) (with arts. 6 7 9-11); S.I. 2012/628, art. 6(c) (with arts. 9 11 14 15 17)

Modifications etc. (not altering text)

Commencement Information

I184S. 180 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

181Interpretation: “publicly funded”E+W

(1)The provision of a dwelling was publicly funded if any of the following conditions is satisfied.

(2)Condition 1 is that—

(a)the dwelling was provided by a person in fulfilment of a condition imposed by the HCA when giving assistance to the person, and

(b)before giving the assistance the HCA notified the person that if it did so the provision of the dwelling would be regarded as publicly funded.

[F382(2A)Condition 2 is that—

(a)the dwelling was provided wholly or partly by a person using an amount for purposes for which the amount was required to be used by an HCA direction under section 32(4), and

(b)before giving the direction the HCA notified the person that any dwelling so provided would be regarded as publicly funded.]

(3)Condition [F3833] is that the dwelling was provided wholly or partly by using sums in the disposal proceeds fund of—

(a)a [F384private registered provider], or

(b)a registered social landlord.

[F385(3A)In relation to a private registered provider, the reference in subsection (3) to its disposal proceeds fund is to its disposal proceeds fund before the abolition of that fund by Part 3 of Schedule 4 to the Housing and Planning Act 2016.]

(4)Condition [F3864] is that —

(a)the dwelling was acquired by a [F387private registered provider], or a registered social landlord, on a disposal by a public sector landlord,

(b)the disposal was made on or after 1st April 1997, and

(c)at the time of the disposal the dwelling was capable of being let as a separate dwelling.

(5)Condition [F3864] is not satisfied if the dwelling was acquired in pursuance of a contract made, or option created, before 1st April 1997.

(6)Condition [F3885] is that—

(a)the dwelling was provided wholly or partly by means of a grant under section 18 or 27A of the Housing Act 1996 (c. 52), and

(b)when the grant was made the recipient was notified [F389by the Welsh Ministers] that the dwelling was to be regarded as funded by means of such a grant.

Textual Amendments

Commencement Information

I185S. 181 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

182Interpretation: “remained in the social rented sector”E+W

(1)This section applies for the purposes of determining whether a dwelling has remained in the social rented sector.

(2)A dwelling shall be treated as having remained in the social rented sector for any period during which—

(a)the freeholder was a person within subsection (3), and

(b)each leaseholder was either a person within that subsection or an individual holding otherwise than under a long tenancy.

(3)A person is within this subsection if the person is—

(a)a [F390private registered provider],

(b)a registered social landlord, or

(c)a public sector landlord.

(4)A dwelling provided wholly or partly by means of a grant under section 27A of the Housing Act 1996 shall also be treated as having remained in the social rented sector for any period during which it was used exclusively for permitted purposes by—

(a)the recipient of the grant, or

(b)any person treated as the recipient by virtue of section 27B of that Act.

(5)“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.

Textual Amendments

Commencement Information

I186S. 182 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

183Interpretation: other expressionsE+W

(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.

Commencement Information

I187S. 183 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

[F391184Right to acquire: supplementalE+W

(1)The Secretary of State may by order—

(a)specify the amount or rate of discount to be given on the exercise of the right conferred by section 180, and

(b)designate rural areas in relation to dwellings in which the right conferred by that section does not arise.

(2)The provisions of Part 5 of the Housing Act 1985 apply in relation to the right to acquire under section 180—

(a)subject to any order under subsection (1) above, and

(b)subject to such other exceptions, adaptations and other modifications as may be specified by regulations made by the Secretary of State.

(3)The regulations may provide—

(a)that the powers of the Secretary of State under sections 164 to 170 of that Act (powers to intervene, give directions or assist) do not apply,

(b)that paragraphs 1 and 3 (exceptions for charities and certain housing associations), and paragraph 11 (right of appeal to Secretary of State), of Schedule 5 to that Act do not apply,

(c)that the provisions of Part 5 of that Act relating to the right to acquire on rent to mortgage terms do not apply,

(d)that the provisions of that Part relating to restrictions on disposals in National Parks etc. do not apply, and

(e)that the provisions of that Part relating to the preserved right to buy do not apply.

Nothing in this subsection affects the generality of the power conferred by subsection (2).

(4)The specified exceptions, adaptations and other modifications shall take the form of textual amendments of the provisions of Part 5 of that Act as they apply in relation to the right to buy under that Part; and any consolidating regulations shall set out the provisions of Part 5 as they so apply.

(5)Before making an order which would have the effect that an area ceased to be designated under subsection (1)(b), the Secretary of State shall consult—

(a)the local housing authority or authorities in whose district the area or any part of it is situated or, if the order is general in its effect, local housing authorities in general, and

(b)such bodies appearing to the Secretary of State to be representative of private registered providers as the Secretary of State considers appropriate.

(6)Regulations made under this section are consolidating regulations if they are made for the purposes of consolidating other regulations that are being revoked in the instrument containing the consolidating regulations.]

Textual Amendments

Commencement Information

I188S. 184 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

F392185Right to acquire: consequential amendmentsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

MiscellaneousE+W

186Former registered providersE+W

Where a person ceases to be a [F393private registered provider], sections 171 [F394and 176 (apart from section 176(2))] continue to apply in respect of any property owned by the person at any time when it was registered.

Textual Amendments

Commencement Information

I189S. 186 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

F395187Change of use, etc.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

188TrusteesE+W

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 [F396private registered provider].

Textual Amendments

Commencement Information

I190S. 188 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

189CharitiesE+W

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

Commencement Information

I191S. 189 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

Consents under other legislationE+W

F397190Consent to disposals under other legislationE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

191Section 190: consequential amendmentsE+W

(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).

Commencement Information

I192S. 191 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

Chapter 6E+WRegulatory powers

192OverviewE+W

This Chapter—

(a)allows the regulator to set standards for the provision of social housing (sections 193 [F398to 198]),

(b)gives the regulator powers to monitor compliance (sections 199 to [F399to 210A]),

F400(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)requires the regulator to give guidance F401... about the use of its powers under this Chapter and Chapter 7 (sections 215 and 216), F402...

(e)allows the regulator to arrange for the accreditation of managers of social housing (section 217) [F403, and

(f)makes provision about terms to be implied into management services agreements (section 217A).]

Textual Amendments

Commencement Information

I193S. 192 in force at 8.9.2008 by S.I. 2008/2358, art. 3(1)

StandardsE+W

193[F404Standards relating to consumer matters]E+W

(1)The regulator may set standards for registered providers as to the nature, extent [F405, safety, energy efficiency] 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,

F406(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)maintenance,

(e)procedures for addressing complaints by tenants against landlords,

(f)methods for consulting [F407tenants and providing them with information in connection with such consultation],

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

[F408(ga)methods of assisting tenants to exchange tenancies,]

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

[F409(ha)policies and procedures in connection with behaviour which amounts to domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act),]

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

(j)estate management.

F410(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F404 S. 193 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 17 para. 4(2); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F408S. 193(2)(ga) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 176(1), 240(2); S.I. 2012/57, art. 4(1)(s) (with arts. 6, 7, 9-11)

Commencement Information

I194S. 193 in force at 8.9.2008 by S.I. 2008/2358, art. 3(1)

194[F411Standards relating to economic matters]E+W

(1)The regulator may set standards for [F412private registered providers] in matters relating to F413... their financial and other affairs.

[F414(1A)Standards under subsection (1) may, in particular, require private registered providers to comply with specified rules about—

(a)the management of their financial and other affairs, and

(b)their efficiency in carrying on 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.

[F415(2A)The regulator may set standards for registered providers requiring them to comply with specified rules about their 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).]

F416(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C105S. 194(2A) modified (16.3.2016 for specified purposes, 1.4.2016 in so far as not already in force) by Welfare Reform and Work Act 2016 (c. 7), ss. 32, 36(5); S.I. 2016/394, reg. 4

Commencement Information

I195S. 194 in force at 8.9.2008 by S.I. 2008/2358, art. 3(1)

[F417194AStandards relating to competence and conductE+W

(1)The regulator may set standards for registered providers in matters relating to the competence and conduct of individuals involved in the provision of services in connection with the management of social housing (“relevant individuals”).

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

(a)the knowledge, skills and experience to be required of relevant individuals, and

(b)the conduct to be expected of relevant individuals in their dealings with tenants.

(3)Standards under subsection (1) may require registered providers to secure that their senior housing executives and senior housing managers—

(a)have a specified qualification in housing management or type of qualification in housing management, or

(b)are working towards such a qualification or type of qualification.

(4)Standards under subsection (1) may require registered providers to take steps to secure that relevant managers of their services providers—

(a)have a specified qualification in housing management or type of qualification in housing management, or

(b)are working towards such a qualification or type of qualification.

(5)Each of the following is a “relevant manager” of a services provider—

(a)if the services provider is a relevant individual, that individual;

(b)a senior housing executive of the services provider;

(c)a senior housing manager of the services provider.

(6)A qualification or type of qualification specified for a senior housing executive may only be—

(a)a foundation degree, or

(b)a qualification or type of qualification regulated by the Office of Qualifications and Examinations Regulation which is of a level not exceeding level 5.

(7)A qualification or type of qualification specified for a senior housing manager, or for an individual described in subsection (5)(a), may only be a qualification or type of qualification regulated by the Office of Qualifications and Examinations Regulation which is of a level not exceeding level 4.

(8)The references in subsections (6) and (7) to the level of a qualification are to the level assigned to a qualification by virtue of general conditions set and published by the Office of Qualifications and Examinations Regulation under section 134 of the Apprenticeships, Skills, Children and Learning Act 2009.

(9)Except as provided by subsections (3) to (8), standards under subsection (1) may not require registered providers to comply with rules about the qualifications to be required of relevant individuals.

(10)See also section 217A (which makes provision implying terms relating to qualifications into management services agreements).

Textual Amendments

194BMeaning of “services provider”, “senior housing executive” and “senior housing manager”E+W

(1)This section makes provision about the meaning of terms for the purposes of section 194A.

(2)“Services provider”, in relation to a registered provider, means a person who, in accordance with an agreement with the registered provider or another person, provides services in connection with the management of social housing provided by the registered provider or arranges for the provision of such services.

(3)For the purposes of subsection (2), an agreement does not include a contract of employment or a contract of apprenticeship.

(4)“Senior housing executive” of a registered provider means a relevant individual who—

(a)is an employee or officer of the registered provider,

(b)has responsibility (solely or jointly) for the day to day management of the provision of services in connection with the management of social housing provided by the registered provider, and

(c)is part of the registered provider’s senior management.

(5)“Senior housing executive” of a services provider in relation to a registered provider means a relevant individual who—

(a)is—

(i)an employee of the services provider,

(ii)an officer of the services provider, or

(iii)if the services provider is a partnership, a partner in the partnership,

(b)has responsibility (solely or jointly) for the day to day management of the provision of services in connection with the management of social housing provided by the registered provider, and

(c)is part of the services provider’s senior management.

(6)For the purposes of subsections (4) and (5), an individual is part of a registered provider’s or services provider’s senior management if the individual plays a significant role in—

(a)the making of decisions about how the whole or a substantial part of the activities of the provider which relate to social housing are to be managed or organised, or

(b)the management or organisation of the whole or a substantial part of such activities.

(7)“Senior housing manager” of a registered provider means a relevant individual who—

(a)is an employee of the registered provider, and

(b)is a senior housing and property manager for the registered provider.

(8)“Senior housing manager” of a services provider in relation to a registered provider means a relevant individual who—

(a)is an employee of the services provider,

(b)is a senior housing and property manager for the services provider, and

(c)is involved in the provision of services in connection with the management of social housing provided by the registered provider.

(9)For the purposes of subsections (7) and (8), whether an individual is a senior housing and property manager is to be determined by reference to the description of the occupation of senior housing and property management published by the Institute for Apprenticeships and Technical Education under section ZA10(5) of the Apprenticeships, Skills, Children and Learning Act 2009.

(10)In this section—

  • “employee” includes a person employed under a contract of apprenticeship;

  • “relevant individual” has the same meaning as in section 194A.

(11)The following Table gives the meaning of “officer” in relation to services providers for the purposes of this section—

Services providerMeaning of “officer”
Registered charity which is not a registered companyTrustee, secretary or treasurer
Registered society“Officer” within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014 (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
Limited liability partnershipA member of the limited liability partnership.]

Textual Amendments

[F418194CStandards relating to information and transparencyE+W

(1)The regulator may set standards for registered providers in matters relating to the provision of information to their tenants of social housing and to the regulator, including standards requiring information to be published.

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

(a)the provision of information to their tenants of social housing concerning the accommodation, facilities or services provided in connection with social housing, including information concerning—

(i)their tenants’ rights in connection with those things, and

(ii)how to make complaints against registered providers,

(b)monitoring their compliance with standards under this section and sections 193, 194 and 194A and informing the regulator if they have failed, or there is a risk they will fail, to meet any of those standards, and

(c)the publication of information about—

(i)the remuneration of their executives, and

(ii)their income, management costs and other expenditure.

(3)For the purposes of subsection (2)(c), an “executive”, in relation to a registered provider, means an individual who is both—

(a)an officer or employee of the registered provider, and

(b)responsible for the management of the provider.]

Textual Amendments

195Code of practiceE+W

(1)The regulator may issue a code of practice which—

(a)relates to a matter addressed by a standard F419..., and

(b)amplifies the standard.

(2)In considering whether standards F420... 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.

Textual Amendments

Commencement Information

I196S. 195 in force at 8.9.2008 by S.I. 2008/2358, art. 3(1)

196ConsultationE+W

(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—

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

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

[F421(ba)any body for the time being nominated under section 278A,]

(c)one or more[F422other] bodies appearing to it to represent the interests of tenants of social housing,

F423(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

[F424(ea)the Greater London Authority,]

[F425(eb)any housing ombudsman,]

F426(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., and

(g)the Secretary of State.

[F427(1A)Before setting standards, or issuing, revising or withdrawing a code of practice, the regulator must also consult the HCA.]

(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.

[F428(3)Before setting a standard under section 194A which imposes a requirement described in subsection (4) of that section, the regulator must consult, or ensure that there has been consultation with, each body (if any) which is nominated by the Secretary of State for the purposes of this subsection.

(4)The Secretary of State may nominate a body for the purposes of subsection (3) only if the body appears to the Secretary of State to represent the interests of services providers in relation to registered providers (as defined in section 194B(2)).

(5)The Secretary of State must notify the regulator of any nomination (or withdrawal of any nomination) made for the purposes of subsection (3).]

Textual Amendments

F426S. 196(1)(f) (but not the word "and" at the end of that paragraph) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 42, Sch. 25 Pt. 26; S.I. 2012/628, art. 6(i)(j) (with arts. 9 11 14 15 17)

Commencement Information

I197S. 196 in force at 8.9.2008 by S.I. 2008/2358, art. 3(1) (with art. 3(3)(4))

197Direction by Secretary of StateE+W

(1)The Secretary of State may direct the regulator—

(a)to set a standard under section 193 [F429or 194],

(b)about the content of standards under section 193 [F430or 194], or

(c)to have regard to specified objectives when setting standards under section 193 or 194.

(2)The Secretary of State may give a direction under subsection (1)(a) or (b) only if it relates, in the Secretary of State's opinion, to—

(a)quality [F431, safety or energy efficiency] of accommodation,

[F432(aa)tenure,]

(b)rent, F433...

(c)involvement by tenants in the management by registered providers of accommodation [F434, or

(d)methods of assisting tenants to exchange tenancies.]

[F435(2A)The Secretary of State may direct the regulator—

(a)to set a standard under section 194A,

(b)to set a standard under section 194C which relates, in the Secretary of State’s opinion, to the matters in section 194C(2)(a),

(c)about the content of standards described in paragraph (a) or (b), or

(d)to have regard to specified objectives when setting those standards.]

(3)In deciding whether to give a direction the Secretary of State shall, in particular, have regard to the regulator's fundamental objectives.

(4)Before giving a direction the Secretary of State must consult—

[F436(za)the HCA,]

(a)the regulator,

[F437(aa)the Greater London Authority,]

[F438(ab)any housing ombudsman,]

F439(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F440(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)one or more bodies appearing to the Secretary of State to represent the interests of local housing authorities,

[F441(da)any body for the time being nominated under section 278A,]

(e)one or more[F442other ] bodies appearing to the Secretary of State to represent the interests of tenants of social housing, and

(f)one or more bodies appearing to the Secretary of State to represent the interests of registered providers.

(5)Before giving a direction about a standard which would apply to charities the Secretary of State must consult the Charity Commission.

[F443(5A)Before giving a direction to set a standard under section 194A which imposes a requirement described in subsection (4) of that section, the Secretary of State must consult one or more bodies appearing to the Secretary of State to represent the interests of services providers in relation to registered providers (as defined in section 194B(2)).]

(6)A direction may disapply the requirement to consult under section 196 in relation to specified matters.

(7)The regulator shall comply with any direction.

(8)The Secretary of State shall publish—

(a)each proposed direction that is the subject of a consultation,

(b)each response to a consultation, and

(c)each direction.

Textual Amendments

F429Words in s. 197(1)(a) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 17 para. 7; S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F430Words in s. 197(1)(b) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 17 para. 7; S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F432S. 197(2)(aa) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 152, 240(2); S.I. 2012/57, art. 4(1)(n) (with arts. 6, 7, 9-11)

F434S. 197(2)(d) and word inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 176(2), 240(2); S.I. 2012/57, art. 4(1)(s) (with arts. 6, 7, 9-11)

Commencement Information

I198S. 197 in force at 8.9.2008 by S.I. 2008/2358, art. 3(1) (with art. 3(3)(4))

198SupplementalE+W

F444(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

(4)Standards may be expressed by reference to documents prepared by others.

(5)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.

[F445(6)In setting standards the regulator must have regard to the desirability of registered providers being free to choose how to provide services and conduct business.]

Textual Amendments

Modifications etc. (not altering text)

C106S. 198(3) modified (16.3.2016 for specified purposes, 1.4.2016 in so far as not already in force) by Welfare Reform and Work Act 2016 (c. 7), ss. 32, 36(5); S.I. 2016/394, reg. 4

Commencement Information

I199S. 198(2)-(5) in force at 8.9.2008 by S.I. 2008/2358, art. 3(1)

F446198AFailure to meet standard under section 193E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F447198BFailure to meet standard under section 194E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F448Performance informationE+W

Textual Amendments

198CDirections about performance informationE+W

(1)The regulator may give directions to registered providers requiring them to collect, process and publish information about their performance in relation to matters covered by standards under sections 193, 194, 194A and 194C.

(2)Directions under subsection (1) may, in particular, specify or describe—

(a)the information that must be collected,

(b)the period the information must cover,

(c)the method of collecting, processing and presenting information,

(d)the form in which information must be presented, and

(e)what information must be published and when and the manner of publication.

(3)A direction—

(a)may make provision that applies generally or only to specified cases, circumstances or registered providers, and

(b)may make different provision for different cases, circumstances or registered providers.

(4)The regulator must make arrangements for bringing a direction to the attention of every registered provider to which it applies.

(5)The regulator may request that a registered provider send to the regulator—

(a)any information collected by the registered provider pursuant to directions under subsection (1);

(b)an analysis of that information;

(c)an explanation of how the information was collected, processed or published.]

MonitoringE+W

199SurveyE+W

(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 [F449this section and in sections 199A to 200,] “authorised person” means a member of the regulator's staff, or another person, authorised in writing by the regulator for the purposes [F450of the section concerned].

F451(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F451(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F451(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

[F452(9)Arrangements for a person other than a member of the regulator’s staff to carry out a survey may include provision about payments.]

Textual Amendments

Commencement Information

I200S. 199 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

[F453199ASurvey: power to enter without warrantE+W

(1)An authorised person may enter premises at any reasonable time, or times, to carry out a survey under section 199.

(2)The power in subsection (1) may only be exercised if an authorised person has given at least 48 hours’ notice of the first exercise of the power—

(a)to the registered provider, and

(b)if the premises are occupied, to the occupier (or any one of the occupiers).

(3)The requirement to give notice may be waived—

(a)in the case of notice required by subsection (2)(a), by the registered provider, and

(b)in the case of notice required by subsection (2)(b), by the occupier (or any one of the occupiers) of the premises.

(4)Notice under subsection (2) may state that, if entry to the premises were to be refused, an authorised person would propose to apply for a warrant under section 199B.

(5)Notice required by subsection (2)(b) may be given by fixing it to some conspicuous part of the premises.

(6)An authorised person who under this section has entered, or who is seeking to enter, premises in order to carry out a survey must produce a copy of the authorisation mentioned in section 199(3) on request by an occupier.

(7)An authorised person entering premises to carry out a survey may—

(a)be accompanied by such other persons, and

(b)take onto the premises such equipment or materials,

as the authorised person thinks necessary for the purposes of carrying out the survey.

(8)Equipment or materials taken onto premises by virtue of subsection (7) may be left in a place on the premises until the survey has been carried out provided that—

(a)leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or

(b)leaving the equipment or the materials on the premises is necessary for the purposes of carrying out the survey and it is not possible to leave it or them in a place that does not significantly impair the ability of an occupier to use the premises.

(9)Where the premises include common parts of a building, references in subsection (8) to the ability of an occupier to use the premises include the ability of an occupier of a dwelling that has use of the common parts to use those parts or the dwelling.

(10)In this section, “common parts”, in relation to a building, includes the structure and exterior of that building and any common facilities provided (whether or not in the building) for persons who occupy the building.]

Textual Amendments

[F453199BSurvey: power to enter with warrantE+W

(1)This section applies where a justice of the peace is satisfied, on sworn information in writing by an authorised person, that entry to premises specified in the information is reasonably required to carry out a survey under section 199.

(2)The justice may issue a warrant authorising the authorised person who is named in it to enter the premises to carry out the survey where the justice is satisfied that—

(a)entry to the premises has been sought under section 199A but has been refused,

(b)the premises are unoccupied or that the occupier is temporarily absent, or

(c)there are reasonable grounds to believe that the authorised person will not be able to obtain entry to the premises without a warrant.

(3)A warrant under this section authorises the authorised person to enter the premises at any reasonable time, or times, using reasonable force if necessary.

(4)A warrant under this section authorises an authorised person entering premises to take onto the premises such equipment or materials as the authorised person thinks necessary for the purposes of carrying out the survey.

(5)Equipment or materials taken onto premises by virtue of subsection (4) may be left in a place on the premises until the survey has been carried out provided that—

(a)leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or

(b)leaving the equipment or the materials on the premises is necessary for the purposes of carrying out the survey and it is not possible to leave it or them in a place that does not significantly impair the ability of an occupier to use the premises.

(6)Where the premises include common parts of a building (as defined in section 199A), references in subsection (5) to the ability of an occupier to use the premises include the ability of an occupier of a dwelling that has use of the common parts to use those parts or the dwelling.

(7)A warrant under this section may authorise persons (“accompanying persons”) to accompany the authorised person.

(8)Accompanying persons—

(a)have the same powers as the authorised person in respect of execution of the warrant, but

(b)must exercise those powers only in the company, and under the supervision, of the authorised person.

(9)An authorised person who has entered, or who is seeking to enter, premises under a warrant under this section must produce on request by any person—

(a)a copy of the warrant;

(b)a copy of the authorisation mentioned in section 199(3).

(10)A warrant under this section continues in force until the survey is carried out.

(11)If the premises are unoccupied or the occupier is temporarily absent, the authorised person who has entered the premises under a warrant under this section must leave the premises as effectively secured against trespassers as the authorised person found them.]

Textual Amendments

200Survey: supplementalE+W

F454(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F455(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F456(4)A registered provider, or an officer of a registered provider, commits an offence if the provider or officer obstructs an authorised person—

(a)in exercising a power under section 199A, or

(b)in exercising a power under section 199, where the authorised person has entered the premises to carry out the survey under the power in section 199A.]

[F457(4A)A person commits an offence if the person obstructs an authorised person—

(a)in exercising a power conferred by a warrant under section 199B, or

(b)in exercising a power under section 199, where the authorised person has entered the premises to carry out a survey under a warrant under section 199B.]

(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.

Textual Amendments

Commencement Information

I201S. 200 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

201InspectionsE+W

(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.

F458(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F459(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F460(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(5)An inspection may be general or specific.

F461(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F462(7)Arrangements for a person other than a member of the regulator's staff to carry out an inspection may include provision about payments.]

F463(7A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F464(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I202S. 201 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

[F465201AInspection planE+W

(1)The regulator must make a plan as regards—

(a)the descriptions of registered provider that should be subject to regular inspection under section 201,

(b)the intervals at which regular inspections should be carried out under that section, and

(c)the circumstances in which registered providers should be subject to inspections under that section other than regular inspections.

(2)The plan may make different provision for different cases, circumstances or areas.

(3)The regulator must take appropriate steps to implement the plan.

(4)The regulator must—

(a)keep the plan under review,

(b)when appropriate, revise or replace the plan, and

(c)publish the plan and any revised or replacement plan.]

Textual Amendments

202Inspections: supplementalE+W

F466(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F466(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F466(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F467(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F467(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F467(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F467(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F468(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I203S. 202(1)-(3) (5) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

I204S. 202(4)(6)(7) in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I205S. 202(4)(6)(7) in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

203Inspector's powersE+W

(1)An inspector may by notice require a person to provide specified documents or information.

(2)The power under subsection (1) may be exercised only in relation to documents and information of a kind in respect of which the regulator can impose a requirement under section 107.

(3)Sections [F469107(2A) to (4) and (5) to (7)] and 108 apply for the purposes of subsection (1) (with any necessary modifications).

(4)An inspector may at any reasonable time—

(a)enter premises occupied by the registered provider which is being inspected, and

(b)inspect, copy or take away documents found there.

(5)The reference to documents found on premises includes—

(a)documents stored on computers or electronic storage devices on the premises, and

(b)documents stored elsewhere which can be accessed by computers on the premises.

(6)The power to inspect documents includes the power to inspect any computer or electronic storage device on which they have been created or stored.

(7)An inspector may require any person on the premises to provide such facilities or assistance as the inspector reasonably requests.

(8)For the purposes of subsections (5) and (6) an inspector may require any person having charge of a computer to provide such assistance as the inspector reasonably requests.

(9)It is an offence for a person without reasonable excuse to obstruct an inspector exercising the powers conferred by subsections (4) to (8).

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

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

(a)the regulator, or

(b)the Director of Public Prosecutions.

[F470(12) In this section “ inspector ” means a person authorised in writing by the regulator to exercise the powers under this section [F471and section 203A] for the purposes of an inspection under section 201. ]

Textual Amendments

Commencement Information

I206S. 203 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

[F472203AAction after inspectionE+W

(1)After an inspection of a registered provider is carried out by an inspector under section 201, the inspector must produce—

(a)a written summary of the inspector’s findings, and

(b)a written report about any matters specified by the regulator.

(2)The summary and any report must be in the form specified by the regulator.

(3)The regulator may specify matters, or the form of a summary or report, for the purposes of inspections generally or for the purposes of a particular inspection or description of inspection.

(4)The regulator must give the registered provider a copy of the summary of the inspector’s findings.

(5)The regulator must also give the registered provider—

(a)a copy of the inspector’s report, or

(b)a notice confirming that no matters were specified for the purposes of subsection (1)(b).

(6)The regulator may publish—

(a)all or part of the summary of the inspector’s findings,

(b)(where relevant) all or part of the inspector’s report, and

(c)related information.]

Textual Amendments

F473204Performance informationE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F474205Publication of performance informationE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

206InquiryE+W

[F475(1)The regulator may hold an inquiry into the affairs of a registered provider if the regulator suspects that—

(a)the affairs of the registered provider may have been mismanaged,

(b)the registered provider has failed to meet a standard under section 193, 194 or 194C, or

(c)there is a risk that, if no action is taken by the regulator or the registered provider, the registered provider will fail to meet a standard under section 193, 194 or 194C.]

(2)The regulator shall appoint one or more individuals to conduct the inquiry.

(3)An individual is eligible for appointment only if the individual is independent of the regulator.

(4)Individuals are independent of the regulator if they and the members of their family—

(a)are not members [F476or employees] of the regulator, and

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

F477(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I207S. 206 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

207Inquiry: supplementalE+W

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

[F478(2)The inquirer may consider the affairs of the following categories of registered provider only so far as relating to social housing—

(a)profit-making organisations;

(b)local authorities.]

(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.

Textual Amendments

Commencement Information

I208S. 207 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

208Inquiry: evidenceE+W

(1)The inquirer may by notice require a person to provide specified documents or information.

(2)The notice may, in particular, require evidence to be given on oath (and the inquirer may administer oaths for that purpose).

(3)The power under subsection (1) may be exercised only in relation to documents and information of a kind in respect of which the regulator can impose a requirement under section 107.

(4)Sections [F479107(2A) to (4) and (5) to (7)] and 108 apply for the purposes of this section (with any necessary modifications).

Textual Amendments

Commencement Information

I209S. 208 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

209Inquiry: charitiesE+W

F480(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)An inquiry in relation to a registered charity may only relate to its activities relating to housing.

(3)If an inquiry is held in relation to a registered charity the regulator shall notify the Charity Commission.

Textual Amendments

Commencement Information

I210S. 209 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

210Extraordinary auditE+W

(1)Where an inquiry in respect of [F481a private registered provider] is being held, or has been held, under section 206, the regulator may require the registered provider to allow its accounts and balance sheet to be audited by a qualified auditor appointed by the regulator.

(2)“Qualified auditor” means a person eligible for appointment as auditor of the registered provider's ordinary accounts.

(3)On completion of the audit, the auditor shall report to the regulator about such matters and in such form as the regulator determines.

(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).

Textual Amendments

Commencement Information

I211S. 210 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

[F482210AExtraordinary [F483audit]: local authoritiesE+W

(1)Where an inquiry in respect of a local authority is being held, or has been held, under section 206, [F484the regulator may require the local authority to allow its accounts, so far as they relate to the provision of social housing, to be audited by a local auditor appointed by the regulator.]

[F485(1A)The regulator may not appoint a local auditor to audit the accounts of a local authority if that person—

(a)is the person (or one of the persons) appointed under or by virtue of the Local Audit and Accountability Act 2014 to audit the authority's accounts, or

(b)was the person (or one of the persons) who carried out the most recent completed audit of the authority's accounts under or by virtue of that Act.

(1B)Sections 20(1), (2), (5) and (6), 22 and 23 of the Local Audit and Accountability Act 2014 (local auditors' general duties and right to documents etc) apply in relation to an audit under this section as they apply in relation to an audit of the local authority under or by virtue of that Act.

(1C)On completion of the audit under this section, the local auditor must report to the regulator about such matters and in such form as the regulator determines.]

F486(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F486(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The local authority shall pay the [F487costs of the audit (including the local auditor's remuneration)].

[F488(5)In this section—

  • “accounts” has the meaning given by section 4 of the Local Audit and Accountability Act 2014;

  • “local auditor” means a person who is eligible for appointment under or by virtue of the Local Audit and Accountability Act 2014 as an auditor of the local authority's accounts.]]

Textual Amendments

F483Word in s. 210A heading substituted (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 95(7); S.I. 2015/841, art. 3(x) (with Sch. para. 2) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

F484Words in s. 210A(1) substituted (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 95(2); S.I. 2015/841, art. 3(x) (with Sch. para. 2) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

F485S. 210A(1A)-(1C) inserted (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 95(3); S.I. 2015/841, art. 3(x) (with Sch. para. 2) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

F487Words in s. 210A(4) substituted (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 95(5); S.I. 2015/841, art. 3(x) (with Sch. para. 2) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

F489. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F489Ss. 211-214 and cross-heading omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 31; S.I. 2017/75, reg. 4

F489211Non-profit providers onlyE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F489212Registered society: change of rulesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F489213Charity: change of objectsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F489214Companies: change of articlesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

GuidanceE+W

215Use of intervention powersE+W

(1)The regulator shall publish—

F490(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)guidance about how it uses and intends to use powers under this Chapter and Chapter 7.

[F491(1A)In determining whether the regulator has complied with subsection (1) in relation to its power to arrange for inspections under section 201(1), a plan published under section 201A may be taken into account.]

F492(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F493(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The regulator shall have regard to guidance under this section.

Textual Amendments

Commencement Information

I212S. 215(1)(2) in force at 8.9.2008 by S.I. 2008/2358, art. 3(1)

I213S. 215(3) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

216ConsultationE+W

Before giving guidance under section 215 the regulator must consult—

[F494(za)the Secretary of State,]

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

[F495(aa)any body for the time being nominated under section 278A,]

(b)one or more[F496other] bodies appearing to it to represent the interests of tenants [F497of social housing],

[F498(ba)the Greater London Authority,]

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

F499(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F500(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F501(f)the HCA.]

Textual Amendments

Commencement Information

I214S. 216 in force at 8.9.2008 by S.I. 2008/2358, art. 3(1) (with art. 3(3)(4))

Managers of social housingE+W

217AccreditationE+W

(1)The regulator may operate a scheme for the purpose of accrediting persons who provide services in connection with the management of social housing.

(2)The regulator may approve a scheme operated by someone else for that purpose.

(3)Approval may be withdrawn.

(4)A scheme may include provision about—

(a)eligibility for accreditation;

(b)standards to be met by accredited persons (which may operate by reference to standards under section 193 [F502or 194A]);

(c)monitoring compliance;

(d)complaints against accredited persons;

(e)renewal, suspension and withdrawal of accreditation.

(5)Accreditation, or continued accreditation, may be conditional on the payment of fees.

(6)Standards under section 193 [F503or 194A] may refer to accreditation under this section.

Textual Amendments

Commencement Information

I215S. 217 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

[F504217AImplied terms of management services agreements relating to qualificationsE+W

(1)Each management services agreement in relation to social housing of a registered provider, whenever entered into, is to be treated as including the terms set out in subsection (4).

(2)In this section, a “management services agreement”, in relation to social housing of a registered provider, means an agreement under which one person (a “services provider”) agrees with another person (the “services recipient”) to provide services in connection with the management of social housing provided by the registered provider or to arrange for the provision of such services.

(3)For the purposes of subsection (2)—

(a)an agreement does not include a contract of employment or a contract of apprenticeship, and

(b)the services recipient may be the registered provider or another person.

(4)The terms are that—

(a)the services provider must secure that its relevant managers who are involved in the provision of services in connection with the management of social housing to which the agreement relates meet the qualification standard at all times;

(b)in the event that the services provider does not comply with the term set out in paragraph (a), the services provider will take such action to rectify the non-compliance as is reasonably required by the services recipient;

(c)the services provider must comply with any reasonable request for information demonstrating whether or not the services provider is complying with the term in paragraph (a) that is made by the registered provider who provides the social housing to which the agreement relates or (if different) the services recipient.

(5)A relevant manager of a services provider under a management services agreement “meets the qualification standard” if—

(a)a standard is in force under section 194A which requires the registered provider who provides the social housing to which the agreement relates to take steps to secure that the manager has, or is working towards, a qualification or type of qualification in housing management, and

(b)the manager has or (as the case may be) is working towards such a qualification,

or if there is no standard in force under section 194A which imposes a requirement described in paragraph (a).

(6)A term of a management services agreement is not binding on the services recipient to the extent it would—

(a)exclude or restrict the liability of the services provider for breach of a term implied by this section, or

(b)prevent an obligation under a term implied by this section arising or limiting its extent.

(7)In this section “relevant manager”, in relation to a services provider, has the same meaning as it has for the purposes of section 194A (see section 194A(5)).]

Textual Amendments

Chapter 7E+WEnforcement powers

GeneralE+W

218Exercise of enforcement powersE+W

(1)[F505This 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;

F506(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F506(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)the speed with which the failure or other problem needs to be addressed;

[F507(e)whether the failure or other problem is serious or trivial.]

F508(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F509(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I216S. 218 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

[F510Performance improvement plansE+W

Textual Amendments

218APerformance improvement plan noticeE+W

(1)The regulator may give a registered provider a notice (a “performance improvement plan notice”) if the regulator is satisfied that—

(a)the registered provider has failed to meet a standard under section 193, 194, 194A or 194C,

(b)there is a risk that, if no action is taken by the regulator or the registered provider, the registered provider will fail to meet a standard under section 193, 194, 194A or 194C,

(c)the registered provider has failed to comply with directions or a request under section 198C,

(d)the interests of the tenants of social housing of the registered provider require protection, or

(e)the registered provider has given an undertaking under section 125 and failed to comply with it.

(2)A performance improvement plan notice must—

(a)specify on which of the grounds mentioned in subsection (1) it is given,

(b)identify the issues which led the regulator to be satisfied of those grounds,

(c)require the registered provider to prepare and submit to the regulator a plan (a “performance improvement plan”) setting out the action the provider will take to address the issues identified,

(d)specify the date by which the performance improvement plan must be submitted to the regulator,

(e)require the registered provider to publish a performance improvement plan if it is approved by the regulator and specify the manner of such publication, and

(f)explain the effect of subsections (3) and (4) and sections 218B to 218D.

(3)The regulator may withdraw a performance improvement plan notice by notice to the registered provider.

(4)If a registered provider fails to comply with a performance improvement plan notice the regulator must consider exercising another power under this Chapter or Chapter 6.

218BPerformance improvement plansE+W

(1)The regulator must—

(a)approve a performance improvement plan submitted in accordance with section 218A(2)(c) and (d), or

(b)reject it, giving reasons for doing so.

(2)A registered provider must implement in full a performance improvement plan that has been approved by the regulator.

(3)If a performance improvement plan is rejected, the registered provider will be taken to have failed to comply with the performance improvement plan notice.

(4)If a tenant of social housing of a registered provider makes a written request to the provider for a copy of the provider’s performance improvement plan which has been approved by the regulator, the registered provider must provide the tenant with a copy as soon as reasonably practicable.

218CCancellation of performance improvement planE+W

(1)The regulator may, by notice to a registered provider, cancel a performance improvement plan which it has approved.

(2)Notice under subsection (1) must specify the date (the “cancellation date”) on which the cancellation takes effect (which may be a date before the notice is given).

(3)If a performance improvement plan is cancelled in accordance with subsection (1) the duties mentioned in subsection (4) cease to apply (or are treated as having ceased to apply) from the cancellation date.

But this does not affect any action taken (or being taken) by the regulator in relation to a breach of such a duty before the cancellation date.

(4)The duties are—

(a)the duty to publish a performance improvement plan which has been approved (see section 218A(2)(e));

(b)the duty in section 218B(2) (duty to implement a plan);

(c)the duty in section 218B(4) (duty to provide copy of plan).

218DAppealsE+W

(1)A registered provider may appeal to the High Court against a decision of the regulator to give the provider a performance improvement plan notice.

(2)An appeal under this section must be brought within the period of 28 days beginning with the day on which the registered provider is given the notice.

(3)The requirement to prepare and submit a performance improvement plan is suspended during the appeal period.

(4)The “appeal period” means—

(a)where an appeal is brought, the period beginning with the day on which the performance improvement plan notice is given and ending with the day on which the appeal is finally determined or withdrawn, and

(b)otherwise, the period during which an appeal could be brought.

(5)But where a performance improvement plan has been approved under section 218B an appeal under this section does not suspend—

(a)the duty to publish a performance improvement plan which has been approved (see section 218A(2)(e));

(b)the duty in section 218B(2) (duty to implement a plan);

(c)the duty in section 218B(4) (duty to provide copy of plan).]

Enforcement noticeE+W

219OverviewE+W

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

Commencement Information

I217S. 219 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

220Grounds for giving noticeE+W

(1)The regulator may give an enforcement notice to a registered provider if the regulator is satisfied that—

(a)any of the following cases applies, and

(b)giving an enforcement notice is appropriate (whether it is likely to be sufficient in itself or a prelude to further action).

(2)Case 1 is where the registered provider has failed to meet a standard F511... under section [F512193, 194 or 194C].

(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 earlier enforcement notice.

(5)Case 4 is where the registered provider has failed to publish information in accordance with a requirement under section 228(3) or 240(3).

(6)Case 5 is where the interests of tenants of the registered provider require protection.

(7)Case 6 is where [F513the registered provider is a private registered provider and its assets] require protection.

(8)Case 7 is where the registered provider has given an undertaking under section 125 and failed to comply with it.

[F514(9)Case 8 is where the registered provider has failed to [F515pay an annual fee under section 117(1)(b).]

(10)Case 9 is where an offence under this Part has been committed by the registered provider.

(11)Case 10 is where the registered provider has failed to comply with an order made by [F516a housing ombudsman].

F517(11A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F518(11B)Case 12 is where—

(a)the registered provider—

(i)does not have a health and safety lead designated under section 126A, or

(ii)has failed to meet a requirement under section 126C, or

(b)the functions of the health and safety lead are not being carried out.]

[F519(11C)Case 13 is where the registered provider has failed to comply with directions or a request under section 198C.]

[F520(11D)Case 14 is where the registered provider has failed to comply with a performance improvement plan notice.

(11E)Case 15 is where the registered provider has a performance improvement plan which has been approved by the regulator and has failed to implement it in full.]

(12)Where the regulator is satisfied that an offence under this Part has been committed in respect of a registered provider but by another person (such as a member, employee or agent of the registered provider)—

(a)Case 9 applies,

(b)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.]

Textual Amendments

Commencement Information

I218S. 220 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

221ContentE+W

(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.

Commencement Information

I219S. 221 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

[F521 222 Notifying HCA etc E+W

If the regulator gives an enforcement notice it must send a copy—

F522(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F523(za)to the HCA,]

[F524(aa)in the case of an enforcement notice given to a registered provider who owns land in Greater London, the Greater London Authority, and]

(b)in the case of an enforcement notice given to a local authority, to the Secretary of State.]

Textual Amendments

Commencement Information

I220S. 222 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

223AppealE+W

[F525(1)] A registered provider who is given an enforcement notice may appeal to the High Court.

[F526(2)An appeal under this section must be brought within the period of 28 days beginning with the day on which the registered provider is given the enforcement notice.]

Textual Amendments

Commencement Information

I221S. 223 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

224WithdrawalE+W

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

Commencement Information

I222S. 224 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

225SanctionE+W

(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 [F527sections 226 to 235,] 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.

Textual Amendments

Commencement Information

I223S. 225 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

[F528Emergency remedial actionE+W

Textual Amendments

225AOverviewE+W

This group of sections gives the regulator power to authorise persons to enter premises to take specified action to remedy specified failures on the part of registered providers.

225BPower to take emergency remedial actionE+W

(1)If the conditions in subsections (2) to (4) are met, the regulator may arrange for an authorised person to take emergency remedial action in respect of premises.

(2)Condition 1 is that a survey of the condition of the premises has been carried out under section 199.

(3)Condition 2 is that the regulator is satisfied that—

(a)the registered provider has failed to maintain the premises in accordance with standards under section 193, and

(b)that failure has caused an imminent risk of serious harm to the health or safety of the occupiers of those or other premises.

(4)Condition 3 is that the registered provider has failed to comply with an enforcement notice requiring it to take action to address the failure mentioned in subsection (3)(a).

(5)In this section and in sections 225C to 225G, “emergency remedial action”, in relation to premises, is carrying out such works to the premises as the authorised person considers immediately necessary to remove the imminent risk of serious harm mentioned in subsection (3)(b).

(6)In this section and in sections 225C to 225G, “authorised person” means a member of the regulator’s staff, or another person, authorised in writing by the regulator for the purposes of the section concerned.

(7)Arrangements for a person other than a member of the regulator’s staff to take emergency remedial action may include provision about payments.

225CEmergency remedial action: power to enter without warrantE+W

(1)An authorised person may enter premises at any reasonable time, or times, to take emergency remedial action.

(2)The power in subsection (1) may only be exercised if an authorised person has given a pre-entry notice to—

(a)if the premises are occupied, the occupier (or any one of the occupiers),

(b)if the premises include common parts of a building and there are occupied dwellings in the building that have use of those common parts, the occupier (or any one of the occupiers) of each of those dwellings,

(c)the registered provider whose failure to maintain the premises has caused the imminent risk of serious harm, and

(d)each person registered in the register kept under section 1 of the Land Registration Act 2002 as the proprietor of a registered estate (within the meaning of that Act) in the premises.

(3)A pre-entry notice required by subsection (2) need only be given once in respect of emergency remedial action in relation to premises, even if an authorised person enters the premises on more than one occasion in order to take the emergency remedial action.

(4)A “pre-entry notice” is a notice which—

(a)identifies the premises to be entered;

(b)identifies the failure to maintain the premises which has caused the imminent risk of serious harm;

(c)states that a person authorised by the regulator intends to enter the premises;

(d)specifies the date (or the first date) that the authorised person proposes to enter the premises to take emergency remedial action;

(e)specifies the power under this section as the power under which the authorised person intends to enter the premises;

(f)explains the effect of section 225H.

(5)A pre-entry notice may state that, if entry to the premises were to be refused, an authorised person would propose to apply for a warrant under section 225E.

(6)An authorised person may not enter premises in reliance on a pre-entry notice—

(a)before the date (or the first date) specified in the notice, or

(b)within 24 hours of giving the notice, 

except where the relevant person in respect of the notice consents.

(7)In subsection (6), “the relevant person” in respect of the pre-entry notice means—

(a)in the case of a pre-entry notice required by subsection (2)(a) or (b), the occupier (or any one of the occupiers) of the premises or dwelling;

b

in the case of a pre-entry notice required by subsection (2)(c) or (d), the person (or each person) to whom a pre-entry notice is required to be given.

(8)In this section, “common parts”, in relation to a building, includes the structure and exterior of that building and any common facilities provided (whether or not in the building) for persons who occupy the building.

225DPower under section 225C: supplementaryE+W

(1)A pre-entry notice required by section 225C(2)(a) or (b) may be given by fixing it to some conspicuous part of the premises.

(2)A pre-entry notice required by section 225C(2)(d) may be given by sending it to an address supplied for the purpose of service of notice under the Land Registration Act 2002 (see paragraph 5 of Schedule 10 to that Act).

(3)An authorised person who under section 225C has entered, or who is seeking to enter, premises to take emergency remedial action must produce a copy of the authorisation mentioned in 225B(6) on request by an occupier.

(4)An authorised person entering premises to take emergency remedial action may—

(a)be accompanied by such other persons, and

(b)take onto the premises such equipment or materials,

as the authorised person thinks necessary for the purposes of taking the emergency remedial action.

(5)Equipment or materials taken onto premises by virtue of subsection (4)(b) may be left in a place on the premises until the emergency remedial action has been taken provided that—

(a)leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or

(b)leaving the equipment or the materials on the premises is necessary for the purposes of taking the emergency remedial action and it is not possible to leave it or them in a place that does not significantly impair the ability of an occupier to use the premises.

(6)Where the premises include common parts of a building (as defined in section 225C), references in subsection (5) to the ability of an occupier to use the premises include the ability of an occupier of a dwelling that has use of the common parts to use those parts or the dwelling.

225EEmergency remedial action: power to enter with warrantE+W

(1)This section applies where a justice of the peace is satisfied, on sworn information in writing by an authorised person, that entry to premises specified in the information is reasonably required to take emergency remedial action under section 225B.

(2)The justice may issue a warrant authorising the authorised person who is named in it to enter the premises to take emergency remedial action where the justice is satisfied that—

(a)entry to the premises has been sought under section 225C but has been refused,

(b)the premises are unoccupied or that the occupier is temporarily absent, or

(c)there are reasonable grounds to believe that the authorised person will not be able to obtain entry to the premises without a warrant.

(3)A warrant under this section authorises the authorised person to enter the premises at any reasonable time, or times, using reasonable force if necessary.

(4)A warrant under this section authorises an authorised person entering premises to take onto the premises such equipment or materials as the authorised person thinks necessary for the purposes of taking the emergency remedial action.

(5)Equipment or materials taken onto premises by virtue of subsection (4) may be left in a place on the premises until the emergency remedial action has been taken provided that—

(a)leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or

(b)leaving the equipment or the materials on the premises is necessary for the purposes of taking the emergency remedial action and it is not possible to leave it or them in a place that does not significantly impair the ability of an occupier to use the premises.

(6)Where the premises include common parts of a building (as defined in section 225C), references in subsection (5) to the ability of an occupier to use the premises include the ability of an occupier of a dwelling that has use of the common parts to use those parts or the dwelling.

(7)A warrant under this section may authorise persons (“accompanying persons”) to accompany the authorised person.

(8)Accompanying persons—

(a)have the same powers as the authorised person in respect of execution of the warrant, but

(b)must exercise those powers only in the company, and under the supervision, of the authorised person.

(9)An authorised person who has entered, or who is seeking to enter, premises under a warrant under this section must produce on request by any person—

(a)a copy of the warrant;

(b)a copy of the authorisation mentioned in 225B(6).

(10)A warrant under this section continues in force until the emergency remedial action has been taken.

(11)If the premises are unoccupied or the occupier is temporarily absent, the authorised person who has entered the premises under a warrant under this section must leave the premises as effectively secured against trespassers as the authorised person found them.

225FOffencesE+W

(1)A registered provider, or an officer of a registered provider, commits an offence if the provider or officer obstructs an authorised person—

(a)in exercising a power under section 225C or 225D, or

(b)in exercising a power under section 225B, where the authorised person has entered the premises to take emergency remedial action under the power in section 225C.

(2)A person commits an offence if the person obstructs an authorised person—

(a)in exercising a power conferred by a warrant under section 225E, or

(b)in exercising a power under section 225B, where the authorised person has entered the premises to take emergency remedial action under a warrant under section 225E.

(3)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(4)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.

225GReclaiming expensesE+W

(1)Where the regulator makes arrangements under section 225B, the regulator may by notice require the registered provider concerned to pay to the regulator—

(a)such relevant expenses as are specified in the notice;

(b)interest on those expenses (see subsection (4)).

(2)“Relevant expenses” are—

(a)expenses reasonably incurred by the regulator—

(i)in deciding whether to make arrangements under section 225B;

(ii)in making those arrangements;

(iii)in the authorised person taking emergency remedial action;

(b)any costs reasonably incurred by the regulator related to the action in paragraph (a)(iii).

(3)Sums mentioned in subsection (1)(a) are payable at the end of the period of 28 days beginning with the day on which the notice is given.

(4)Interest may be charged on any sums not paid by the end of the period mentioned in subsection (3) at such reasonable rate as the regulator may determine.

225HAppealsE+W

(1)A registered provider may appeal to the High Court against—

(a)a decision of the regulator to make arrangements under section 225B(1);

(b)a decision of the regulator to give a notice under section 225G(1).

(2)An appeal under subsection (1)(a) must be brought within the period of 28 days beginning—

(a)with the day on which the registered provider is given the pre-entry notice under section 225C(2), or

(b)with the day on which the premises were first entered under a warrant obtained under section 225E on the grounds in subsection (2)(b) or (c) of that section.

(3)An appeal under subsection (1)(b) must be brought within the period of 28 days beginning with the day on which the registered provider is given the notice under section 225G(1).

(4)No question may be raised on an appeal under subsection (1)(b) which might have been raised on an appeal under subsection (1)(a).

(5)Where an appeal under subsection (1)(b) is brought—

(a)the requirement to pay the sums described in section 225G(1)(a) is suspended during the period beginning with the day on which the notice under section 225G(1) is given and ending with the day on which the appeal is finally determined or withdrawn, and

(b)no interest is payable by virtue of section 225G(1)(b) in respect of that period.]

PenaltyE+W

226OverviewE+W

This group of sections allows the regulator to penalise failures on the part of [F529F530... registered providers] by the imposition of fines.

Textual Amendments

Commencement Information

I224S. 226 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

227Grounds for impositionE+W

(1)The regulator may require a [F531F532... 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 [F533193, 194 or 194C].

(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 [F534117(1)(b)].

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

F535(7A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F536(7B)Case 8 is where—

(a)the registered provider—

(i)does not have a health and safety lead designated under section 126A, or

(ii)has failed to meet a requirement under section 126C, or

(b)the functions of the health and safety lead are not being carried out.]

[F537(7C)Case 9 is where the registered provider has failed to comply with directions or a request under section 198C.]

[F538(7D)Case 10 is where the registered provider has failed to comply with a performance improvement plan notice.

(7E)Case 11 is where the registered provider has failed to comply with the duty in section 218B(4) (duty to provide copy of performance improvement plan).]

(8)Where the regulator is satisfied that an offence under this Part has been committed in respect of a registered provider but by another person (such as a member, employee or agent of the registered provider)—

(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.

Textual Amendments

Commencement Information

I225S. 227 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

228ImpositionE+W

(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.

(5)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.

Commencement Information

I226S. 228(1)-(4) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

I227S. 228(5) in force at 1.4.2009 for specified purposes by S.I. 2009/803, art. 7(c)

I228S. 228(5) in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

229AmountE+W

(1)The amount of a penalty imposed on the ground specified in Case 6 of section 227 may not exceed the maximum amount [F539(if any)] of fine that a magistrates' court could impose for the relevant offence.

(2)The amount of a penalty [F540that may be] imposed on the ground specified in any other Case of that section [F541is unlimited].

F542(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F539Words in s. 229(1) inserted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 5 para. 14 (with reg. 5(1))

Commencement Information

I229S. 229 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

230WarningE+W

(1)Before giving a penalty notice to a registered provider the regulator must give the provider a notice (a “pre-penalty warning”)—

(a)specifying grounds on which the regulator thinks a penalty could be imposed,

(b)warning the provider that the regulator is considering imposing a penalty,

(c)including any indication that the regulator is able to give of the likely amount of any penalty, and

(d)explaining the effect of sections 231, 234(1), (3) and (6) and 235.

(2)If the regulator gives a pre-penalty warning it must send a copy to—

F543(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F544(za)the HCA,]

[F545(aa)the Greater London Authority (if the pre-penalty warning is given to a registered provider who owns land in Greater London), and]

(b)any other persons it thinks appropriate.

(3)For the purposes of subsection (2)(b) the regulator shall consider, in particular, any person who provided information as a result of which the pre-penalty warning is given.

(4)A pre-penalty warning must—

(a)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, a penalty.

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

Textual Amendments

Commencement Information

I230S. 230 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

231RepresentationsE+W

(1)A pre-penalty warning must specify a period during which the registered provider may make representations to the regulator.

(2)The period must—

(a)be a period of at least 28 days, and

(b)begin with the date on which the registered provider receives the pre-penalty warning.

(3)Representations may concern—

(a)whether a penalty should be imposed;

(b)the amount of any penalty that may be imposed.

(4)After the end of the period specified under subsection (1) the regulator shall—

(a)consider any representations made, and

(b)decide whether to impose a penalty.

Commencement Information

I231S. 231 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

[F546231A.Notifying the HCAE+W

If the regulator imposes a penalty on a registered provider it must send a copy of the penalty notice to the HCA.]

Textual Amendments

F547232Notifying HCAE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F548232ANotifying the Greater London AuthorityE+W

If the regulator imposes a penalty on a registered provider who owns land in Greater London, it must send a copy of the penalty notice to the Greater London Authority.]

Textual Amendments

233DestinationE+W

(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.

Commencement Information

I232S. 233 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

234EnforcementE+W

(1)A penalty shall be treated as a debt owed to the regulator.

(2)The Treasury may make regulations authorising the regulator—

(a)to charge interest on penalty not paid during the period specified under section 228(2)(d);

(b)to impose one or more additional penalties where a penalty is not paid during that period.

(3)Interest and additional penalty shall be treated as penalty (and may have the effect of increasing the penalty above a limit set by section 229).

(4)Regulations under subsection (2)(a) may provide for an interest rate to be—

(a)set by a specified person, or

(b)determined in accordance with the regulations.

(5)A penalty notice may include provision allowing a discount if the penalty is paid on or before a date specified in the notice (falling within the period specified under section 228(2)(d)).

(6)A person to whom a penalty notice is given on the ground in Case 6 of section 227 may not be prosecuted for the offence by reference to which the penalty notice was given.

Commencement Information

I233S. 234(1)(3)(5)(6) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

I234S. 234(2)(4) in force at 1.4.2009 for specified purposes by S.I. 2009/803, art. 7(d)

I235S. 234(2)(4) in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

235AppealE+W

[F549(1)] A registered provider who is given a penalty notice may appeal to the High Court against—

(a)the imposition of the penalty,

(b)its amount, or

(c)both.

[F550(2)An appeal under this section must be brought within the period of 28 days beginning with the day on which the registered provider is given the penalty notice.

(3)The requirement to pay the penalty is suspended during the appeal period.

(4)Regulations under section 234(2) may not authorise the regulator to—

(a)charge interest in respect of the appeal period, or

(b)impose additional penalties during that period.

(5)The “appeal period” means—

(a)where an appeal is brought, the period beginning with the day on which the penalty notice is given and ending with the day on which the appeal is finally determined or withdrawn, and

(b)otherwise, the period during which an appeal could be brought.]

Textual Amendments

Commencement Information

I236S. 235 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

CompensationE+W

236OverviewE+W

This group of sections allows the regulator to award compensation to a victim of a failure on the part of a [F551private registered provider].

Textual Amendments

Commencement Information

I237S. 236 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

237Grounds for awardE+W

(1)The regulator may require a [F552private registered provider] to pay compensation if the regulator is satisfied that—

(a)[F553any] 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 [F554193, 194 or 194C].

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

F555(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F556(5)Case 4 is where the registered provider has failed to comply with a performance improvement plan notice.

(6)Case 5 is where the registered provider has failed to comply with the duty in section 218B(4) (duty to provide copy of performance improvement plan).]

Textual Amendments

Commencement Information

I238S. 237 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

238NatureE+W

(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.

Commencement Information

I239S. 238 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

239Housing ombudsman compensationE+W

(1)The regulator may not award compensation to a person in respect of a matter if [F557a housing ombudsman] has awarded compensation to the person in respect of the matter.

F558(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I240S. 239 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

240AwardE+W

(1)Compensation is awarded by the regulator giving notice (a “compensation notice”) to—

(a)the registered provider, and

(b)the person to be compensated.

(2)The notice must specify—

(a)the grounds on which the compensation is awarded,

(b)the amount of the compensation,

(c)the person to be compensated,

(d)any interest or additional compensation which, by virtue of section 244(2), is payable in the event of late payment, and

(e)a period within which it must be paid.

(3)The notice may require the registered provider to publish information about the compensation award in a specified manner.

(4)The notice must explain the effect of sections 244(1) and (3) and 245.

(5)The Secretary of State—

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

(b)may make other regulations about the form and content of a compensation notice, and

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

Commencement Information

I241S. 240(1)-(4) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

I242S. 240(5) in force at 1.4.2009 for specified purposes by S.I. 2009/803, art. 7(c)

I243S. 240(5) in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

241ImpactE+W

(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.

Commencement Information

I244S. 241 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

242WarningE+W

(1)Before giving a compensation notice to a [F559private registered provider] the regulator must give the provider a notice (a “pre-compensation warning”)—

(a)specifying grounds on which the regulator thinks compensation could be awarded,

(b)warning the provider that the regulator is considering awarding compensation to a specified person,

(c)including any indication that the regulator is able to give of the likely amount of any compensation, and

(d)explaining the effect of sections 243, 244(1) and (3) and 245.

(2)Before giving a pre-compensation warning the regulator must consult the [F560housing ombudsman] for the scheme of which the registered provider is a member.

(3)If the regulator gives a pre-compensation warning it must send a copy to—

F561(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F562(za)the HCA,]

[F563(aa)the Greater London Authority (if the pre-compensation warning is given to a registered provider who owns land in Greater London), and]

(b)any other persons it thinks appropriate.

(4)For the purposes of subsection (3)(b) the regulator shall consider, in particular, any person who provided information as a result of which the pre-compensation warning is given.

(5)A pre-compensation warning must—

(a)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.

Textual Amendments

Commencement Information

I245S. 242 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

243RepresentationsE+W

(1)A pre-compensation warning must specify a period during which the registered provider may make representations to the regulator.

(2)The period must—

(a)be a period of at least 28 days, and

(b)begin with the date on which the registered provider receives the pre-compensation warning.

(3)Representations may address—

(a)whether compensation should be awarded;

(b)the amount of any compensation that may be awarded.

(4)After the end of the period specified under subsection (1) the regulator shall—

(a)consider any representations made, and

(b)decide whether to award compensation.

Commencement Information

I246S. 243 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

244EnforcementE+W

(1)Compensation shall be treated as a debt owed to the person to whom it is awarded.

(2)The Treasury may make regulations authorising the regulator—

(a)to award interest on compensation not paid during the period specified under section 240(2)(e);

(b)to award additional compensation where compensation is not paid during that period.

(3)Interest and additional compensation shall be treated as compensation.

(4)Regulations under subsection (2)(a) may provide for an interest rate to be—

(a)set by a specified person, or

(b)determined in accordance with the regulations.

Commencement Information

I247S. 244(1)(3) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

I248S. 244(2)(4) in force at 1.4.2009 for specified purposes by S.I. 2009/803, art. 7(d)

I249S. 244(2)(4) in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

245AppealE+W

[F564(1)]A [F565private registered provider] who is given a compensation notice may appeal to the High Court against—

( a)the award of compensation,

(b)its amount, or

(c)both.

[F566(2)An appeal under this section must be brought within the period of 28 days beginning with the day on which the registered provider is given the compensation notice.

(3)The requirement to pay the compensation is suspended during the appeal period.

(4)Regulations under section 244(2) may not authorise the regulator to—

(a)award interest in respect of the appeal period, or

(b)award additional compensation during that period.

(5)The “appeal period” means—

(a)where an appeal is brought, the period beginning with the day on which the compensation notice is given and ending with the day on which the appeal is finally determined or withdrawn, and

(b)otherwise, the period during which an appeal could be brought.]

Textual Amendments

Commencement Information

I250S. 245 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

Management etc.E+W

246OverviewE+W

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

Commencement Information

I251S. 246 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

247Management tenderE+W

(1)This section applies if the regulator is satisfied that—

(a)a registered provider has failed to meet a standard F567... under section [F568193, 194 or 194C],

F569(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F570(ab)a registered provider—

(i)does not have a health and safety lead designated under section 126A, or

(ii)has failed to meet a requirement under section 126C(1),

(ac)the functions of the health and safety lead are not being carried out,]

(b)the affairs of a registered provider have been mismanaged in relation to social housing [F571, or

(c)a registered provider has failed to comply with a performance improvement plan notice.]

(2)The regulator may [F572by notice] require the registered provider to implement a process specified by the regulator for the purpose of—

(a)inviting persons to apply to undertake management functions of the registered provider, and

(b)selecting from the applications and making an appointment.

(3)A requirement may relate to—

(a)the registered provider's affairs generally in so far as they relate to social housing, or

(b)specified affairs relating to social housing.

(4)A requirement must include—

(a)provision about the constitution of a selection panel (which must include provision for ensuring representation of tenants' interests),

(b)provision for ensuring best procurement practice [F573(and consistent with any applicable procurement law)], and

(c)provision about the terms and conditions on which the manager is to be appointed (including provision about—

(i)setting, monitoring and enforcing performance standards, and

(ii)resources).

Textual Amendments

Commencement Information

I252S. 247 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

248Section 247: supplementalE+W

(1)Before acting under section 247(2) the regulator must give the registered provider a notice—

(a)specifying grounds on which action might be taken under that section,

(b)warning the provider that the regulator is considering action under that section, and

(c)explaining the effect of this section.

(2)The notice must specify a period during which the registered provider may make representations to the regulator.

(3)The period must—

(a)be a period of at least 28 days, and

(b)begin with the date on which the registered provider receives the notice.

(4)The regulator must send a copy of a notice under subsection (1) to—

F574(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F575(za)the HCA,]

[F576(aa)the Greater London Authority (if the notice is given to a registered provider who owns land in Greater London),]

[F577(b)the Secretary of State (if the notice is given to a local authority), and

(c)any other persons the regulator thinks appropriate.]

(5)A notice under subsection (1) must—

(a)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, action under section 247(2).

(6)Notice under subsection (1) may be combined with notice under one or more of sections 230, 242, 250 and 252.

(7)In imposing a requirement the regulator must have regard to views of—

(a)relevant tenants,

(b)the registered provider,

[F578(ba)the HCA,]

F579(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F580(ca)the Greater London Authority (if the notice is given to a registered provider who owns land in Greater London),]

[F581(d)the Secretary of State (if the registered provider is a local authority), and

(e)if the regulator thinks it appropriate, any relevant local housing authority.]

[F582(8)If the regulator imposes a requirement it must send a copy—

F583( a ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F584(za)the HCA,]

[F585(aa)in the case of a requirement imposed on a registered provider who owns land in Greater London, to the Greater London Authority, and]

(b)in the case of a requirement imposed on a local authority, to the Secretary of State.]

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

[F586(10)An appeal under this section must be brought within the period of 28 days beginning with the day on which the regulator notifies the registered provider of the imposition of a requirement on the provider under section 247(2).]

Textual Amendments

Commencement Information

I253S. 248 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

249Management transferE+W

(1)This section applies if as a result of an inquiry under section 206 or an audit under section 210 [F587or 210A] the regulator is satisfied that—

(a)the affairs of a registered provider have been mismanaged in relation to social housing, F588...

(b)a transfer of certain of a registered provider's management functions would be likely to improve the management of some or all of its social housing [F589, or

(c)the registered provider has failed to meet a standard under section 193, 194 or 194C.]

(2)The regulator may [F590by notice] require the registered provider to transfer management functions to a specified person.

(3)A requirement to transfer management functions may be imposed only with the Secretary of State's consent (both as to the transfer and the terms).

(4)A requirement may relate to—

(a)the registered provider's affairs generally in so far as they relate to social housing, or

(b)specified affairs relating to social housing.

(5)Transfer shall be on terms and conditions (including as to remuneration) specified in, or determined in accordance with, the requirement.

(6)A transferee manager shall have—

(a)any power specified in the requirement, and

(b)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).

Textual Amendments

Commencement Information

I254S. 249 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

250Section 249: supplementalE+W

(1)Before acting under section 249(2) the regulator must give the registered provider a notice—

(a)specifying grounds on which action might be taken under that section,

(b)warning the provider that the regulator is considering action under that section, and

(c)explaining the effect of this section.

(2)The notice must specify a period during which the registered provider may make representations to the regulator.

(3)The period must—

(a)be a period of at least 28 days, and

(b)begin with the date on which the registered provider receives the notice.

(4)The regulator must send a copy of a notice under subsection (1) to—

F591(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F592(za)the HCA,]

[F593(aa)in the case of a notice given to a registered provider who owns land in Greater London, the Greater London Authority,]

[F594(b)in the case of a notice given to a local authority, the Secretary of State, and

(c)any other persons the regulator thinks appropriate (having regard, in particular, to any person who provided information as a result of which the notice is given).]

(5)A notice under subsection (1) must—

(a)refer to section 125, and

(b)indicate whether or to what extent the regulator would accept a voluntary undertaking under that section instead of, or in mitigation of, action under section 249(2).

(6)Notice under subsection (1) may be combined with notice under one or more of sections 230, 242, 248 and 252.

(7)In imposing a requirement the regulator must have regard to views of—

(a)relevant tenants,

(b)the registered provider,

[F595(ba)the HCA,]

F596(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F597(ca)if the requirement would be imposed on a registered provider who owns land in Greater London, the Greater London Authority,]

[F598(d)if the requirement would be imposed on a local authority, the Secretary of State, and

(e)if the regulator thinks it appropriate, any relevant local housing authority.]

[F599(8)If the regulator imposes a requirement it must send a copy—

F600( a ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F601(za)the HCA,]

[F602(aa)in the case of a requirement imposed on a registered provider who owns land in Greater London, to the Greater London Authority, and]

(b)in the case of a requirement imposed on a local authority, to the Secretary of State.]

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

[F603(10)An appeal under this section must be brought within the period of 28 days beginning with the day on which the regulator notifies the registered provider of the imposition of a requirement on the provider under section 249(2).]

Textual Amendments

Commencement Information

I255S. 250 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

[F604250ASections 247 and 249: local authoritiesE+W

(1)This section makes further provision about the application of sections 247 and 249 in a case where the registered provider is a local authority.

(2)The regulator may act under those sections even if the local authority already has a management agreement in place.

(3)But while a section 247 or 249 arrangement is in force, the local authority may not give effect to a management agreement as respects functions of the authority which are the subject of the arrangement.

(4)Any duty the local authority may have to consult with respect to the exercise of its management functions (for example, a duty arising by virtue of section 27BA of the Housing Act 1985) does not apply so far as it is acting pursuant to a requirement imposed on it under section 247 or 249.

(5)A section 247 or 249 arrangement—

(a)is not to be considered a management agreement, but

(b)subsections (13) and (15) of section 27 of the Housing Act 1985 apply to it as they apply to a management agreement.

(6)In this section—

  • “management agreement” has the meaning given by section 27(2)(a) and 27B(4) of the Housing Act 1985;

  • “section 247 or 249 arrangement” means an arrangement which is entered into pursuant to a requirement imposed on a local authority under section 247 or 249 and by which functions of the authority are to be exercised by a manager on its behalf.]

Textual Amendments

251Appointment of manager [F605of private registered provider]E+W

(1)This section applies if the regulator is satisfied that—

(a)a [F606private registered provider] has failed to meet a standard under section [F607193, 194 or 194C],

F608(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the affairs of a [F609private registered provider] have been mismanaged in relation to social housing.

(2)The regulator may [F610by notice to the registered provider] —

(a)appoint F611... a manager of the registered provider, or

(b)require the registered provider to appoint F611... a manager.

(3)An appointment or requirement may relate to a manager—

(a)of the registered provider's affairs generally in so far as they relate to social housing, or

(b)of specified affairs relating to social housing.

(4)Appointment shall be on terms and conditions (including as to remuneration) specified in, or determined in accordance with, the appointment or requirement.

(5)A manager shall have—

(a)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).

Textual Amendments

Commencement Information

I256S. 251 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

252Section 251: supplementalE+W

(1)Before acting under section 251(2) the regulator must give the registered provider a notice—

(a)specifying grounds on which action might be taken under that section,

(b)warning the provider that the regulator is considering action under that section, and

(c)explaining the effect of this section.

[F612(2)The registered provider may make representations to the regulator about the notice within the period of 5 days beginning with the day on which the provider receives the notice.]

[F613(2A)Unless the registered provider consents, the regulator may not take action under section 251(2) before the expiry of the period within which the provider may make representations.]

F614(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The regulator must send a copy of a notice under subsection (1) to—

F615(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F616(za)the HCA,]

[F617(aa)the Greater London Authority (if the notice is given to a registered provider who owns land in Greater London), and]

(b)any other persons it thinks appropriate (having regard, in particular, to any person who provided information as a result of which the notice is given).

(5)A notice under subsection (1) must—

(a)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, action under section 251(2).

(6)Notice under subsection (1) may be combined with notice under one or more of sections 230, 242, 248 and 250.

[F618(6A)The regulator must notify the HCA of an appointment or requirement under section 251(2).]

F619(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F620(7A)The regulator must notify the Greater London Authority of an appointment or requirement under section 251(2) in respect of a registered provider who owns land in Greater London.]

(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 [F621private registered provider] may appeal to the High Court against an appointment or requirement under section 251(2).

[F622(10)An appeal under this section must be brought within the period of 28 days beginning with the day on which—

(a)the regulator notifies the registered provider of an appointment made under section 251(2)(a) (in the case of an appeal against an appointment), or

(b)the regulator notifies the registered provider of the imposition of a requirement on the provider under section 251(2)(b) (in the case of an appeal against a requirement).]

Textual Amendments

Commencement Information

I257S. 252 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

[F623252AAppointment of advisers to local authoritiesE+W

(1)This section applies to a registered provider which is a local authority.

(2)The power in subsection (3) is exercisable if the regulator [F624is satisfied]—

(a)that it is necessary to exercise it for the proper management of the authority’s affairs so far as they relate to the provision of social housing (its “social housing affairs”), F625...

(b)that it is desirable to exercise it in the interests of securing better services for the authority’s tenants,

[F626(c)that the authority—

(i)does not have a health and safety lead designated under section 126A, or

(ii)has failed to meet a requirement under section 126C(1),

(d)that the functions of the health and safety lead are not being carried out],

[F627(e)that the authority has failed to meet a standard under section 193, 194 or 194C] [F628, or

(f)that the authority has failed to comply with a performance improvement plan notice.]

(3)The regulator may—

(a)appoint one or more advisers to assist the authority in relation to its social housing affairs (or a particular aspect of those affairs), or

(b)require the authority to appoint one or more advisers for that purpose.

(4)Appointment shall be on terms and conditions (including as to remuneration) specified in, or determined in accordance with, the appointment or requirement.

(5)A requirement under subsection (3)(b) may specify a process which the authority is required to implement for selecting and appointing advisers.

(6)The authority must cooperate with any advisers appointed by virtue of this section.]

Textual Amendments

253Transfer of land [F629by private registered provider]E+W

(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 [F630private registered provider] have been mismanaged in relation to social housing, F631...

(b)a transfer of land by a [F632private registered provider] would be likely to improve the management of the land [F633, or

(c)the registered provider has failed to meet a standard under section 193, 194 or 194C.]

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

(a)to the regulator, or

(b)to another specified [F634private 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.

Textual Amendments

Commencement Information

I258S. 253 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

254Section 253: supplementalE+W

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

(2)The price shall be not less than an amount certified by the district valuer as the amount the property would fetch if sold by a willing seller to another registered provider.

(3)The terms shall include provision as to the payment of any debts or liabilities in respect of the land (whether or not secured on it).

(4)A requirement to transfer land may be imposed only with the Secretary of State's consent (both as to the transfer and the terms).

(5)Where land is transferred to the regulator under section 253(2)(a)—

(a)the regulator may dispose of it only to a registered provider, and

(b)if it is transferred by a non-profit registered provider, the regulator may dispose of it only to a non-profit registered provider.

Commencement Information

I259S. 254 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

255AmalgamationE+W

(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 non-profit registered provider which is [F60a registered society] have been mismanaged in relation to social housing, F635...

(b)the management of social housing owned by a non-profit registered provider which is [F60a registered society] would be improved if the provider were amalgamated with another [F241registered society] [F636, or

(c)the registered provider has failed to meet a standard under section 193, 194 or 194C.]

(2)The regulator may make and execute on behalf of the society an instrument providing for the amalgamation of the society with another [F241registered society].

(3)The regulator may act under subsection (2) only with the Secretary of State's consent.

(4)An instrument providing for the amalgamation of a society (“S1”) with another has the same effect as a resolution by S1 under [F637section 109 of the Co-operative and Community Benefit Societies Act 2014] (amalgamation of societies by special resolution).

(5)A copy of an instrument shall be sent to and registered by the [F638Financial Conduct 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.

(8)Any body created by virtue of an amalgamation—

(a)must be registered by the regulator and designated as a non-profit organisation, and

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

Textual Amendments

Commencement Information

I260S. 255 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

Restrictions on dealings [F639by F640... registered providers]E+W

Textual Amendments

256Restrictions on dealings during inquiryE+W

(1)The regulator may make an order under this section if—

(a)an inquiry under section 206 is in progress in respect of a [F641private] registered provider, and

(b)either of the following cases applies.

(2)Case 1 applies if the regulator [F642is satisfied]—

(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 [F643that—

(a)the affairs of the registered provider have been mismanaged, or

(b)the registered provider has failed to meet a standard under section 194.]

(4)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.

(5)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.

(6)An order under subsection (5) may in particular provide that transactions may not be entered into or payments made without the regulator's consent.

[F644(6A)If the registered provider is a registered charity, the regulator must notify the Charity Commission if it makes an order under this section.]

F645(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)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.

(9)But the regulator—

(a)may revoke the order before that time;

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

Textual Amendments

Commencement Information

I261S. 256 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

257Restrictions on dealings following inquiryE+W

(1)This section applies if as a result of an inquiry under section 206 or an audit under section 210 the regulator is satisfied [F646that—

(a)the affairs of a private registered provider have been mismanaged, or

(b)a private registered provider has failed to meet a standard under section 194.]

(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.

[F647(4A)If the registered provider is a registered charity, the regulator must notify the Charity Commission if it makes an order under this section.]

F648(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

Commencement Information

I262S. 257 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

258Restrictions on dealings: supplementalE+W

(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 F649....

(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.

Textual Amendments

Commencement Information

I263S. 258 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

Suspension and removal of officers [F650of F651... registered providers]E+W

Textual Amendments

259Suspension during inquiryE+W

(1)The regulator may make an order under this section if—

(a)an inquiry under section 206 is in progress in respect of a [F652private] registered provider, and

(b)[F653any] of the following cases applies.

(2)Case 1 applies if the regulator [F654is satisfied]—

(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 [F655that—

(a)the affairs of the registered provider have been mismanaged, or

(b)the registered provider has failed to meet a standard under section 193, 194 or 194C.]

[F656(3A)Case 3 applies if the regulator is satisfied that an officer, employee or agent of the registered provider is obstructing, or failing to co-operate with, the inquiry.]

[F657(4)The regulator may by order—

(a)where Case 1 or Case 2 applies, suspend any officer, employee or agent of the registered provider who it thinks has contributed to the mismanagement or failure, or

(b)where Case 3 applies, suspend the officer, employee or agent who it thinks is obstructing, or failing to co-operate with, the inquiry.]

F658(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

[F659(7A)If the regulator makes an order, the regulator must—

(a)take all reasonable steps to notify the person suspended, and

(b)notify the registered provider.]

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

Textual Amendments

Commencement Information

I264S. 259 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

260Removal or suspension following inquiryE+W

(1)This section applies if as a result of an inquiry under section 206 or an audit under section 210 the regulator is satisfied [F660that—

(a)the affairs of a private registered provider have been mismanaged, or

(b)a private registered provider has failed to meet a standard under section 193, 194 or 194C.]

(2)The regulator may by order remove any officer, employee or agent of the registered provider [F661who—

(a)it thinks has contributed to the mismanagement or failure, or

(b)it thinks obstructed, or failed to co-operate with, the inquiry under section 206.]

(3)Pending a decision whether to remove an officer, employee or agent, the regulator may by order suspend the person for a specified period of up to 6 months.

F662(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Before making an order the regulator must take all reasonable steps to give at least 14 days' notice to—

(a)the person, and

(b)the registered provider.

[F663(5A)If the regulator makes an order, the regulator must—

(a)take all reasonable steps to notify the person removed or suspended, and

(b)notify the registered provider.]

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

Textual Amendments

Commencement Information

I265S. 260 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

261Suspension under section 259 or 260: supplementalE+W

(1)This section applies where the regulator suspends an officer, employee or agent of a registered provider under section 259 or 260.

(2)The regulator may give directions to the registered provider about—

(a)the performance of the suspended person's functions, and

(b)any other matter arising from the suspension.

(3)The regulator may appoint a person to perform the suspended person's functions.

Commencement Information

I266S. 261 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

262Disqualification of removed personE+W

(1)A person is disqualified from acting as an officer of a registered provider if the person has been removed under—

(a)section 260, or

(b)paragraph 24(2)(a) of Schedule 1 to the Housing Act 1996 (c. 52), section 30(1)(a) of the Housing Associations Act 1985 (c. 69) or section 20(1)(a) of the Housing Act 1974 (c. 44) (other similar provisions).

(2)The regulator may waive a disqualification either generally or in relation to a particular registered provider or class of registered providers.

(3)A waiver may be granted only on an application by the disqualified person.

(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.

Commencement Information

I267S. 262 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

263Register of disqualified personsE+W

(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.

Commencement Information

I268S. 263 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

264Acting while disqualified: offenceE+W

(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)on summary conviction, to imprisonment for a term not exceeding [F664the general limit in a magistrates’ court] or a fine F665... or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.

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

(a)the regulator, or

(b)the Director of Public Prosecutions.

(4)In relation to an offence committed before [F6662 May 2022] the reference in subsection (2)(a) to [F667the general limit in a magistrates’ court] shall have effect as if it were a reference to 6 months.

Textual Amendments

Commencement Information

I269S. 264 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

265Acting while disqualified: other consequencesE+W

(1)This section applies where the regulator is satisfied that a person—

(a)has acted as an officer of a registered provider in respect of which the person is disqualified under section 262, and

(b)in doing so, has received payments or other benefits from the registered provider.

(2)The regulator may require the person to repay the sum or, as the case may be, a specified amount representing the whole or part of the value of the benefit.

(3)If a person fails to comply with a requirement the registered provider may recover the sum or specified amount as a debt.

Commencement Information

I270S. 265 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

266Removal of officersE+W

(1)The regulator may by order remove an officer of a [F668private] registered provider if a Case listed in this section applies to the officer.

(2)Case 1 applies to a person who has been [F669made] bankrupt.

(3)Case 2 applies to a person who has made an arrangement with creditors.

(4)Case 3 applies to a person who is subject to a disqualification order or a disqualification undertaking under the Company Directors Disqualification Act 1986 (c. 46) or equivalent legislation in Northern Ireland.

(5)Case 4 applies to a person who is subject to an order under section 429(2) of the Insolvency Act 1986 (c. 45) (disabilities on revocation of county court administration order).

(6)Case 5 applies to a person who is disqualified under [F670section 178 of the Charities Act 2011] 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.

[F671(9)Case 8 applies to a person who is obstructing the regulator, or failing to co-operate with the regulator, in the performance of the regulator’s functions under this Part.]

Textual Amendments

F670Words in s. 266(6) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 134 (with s. 20(2), Sch. 8)

Commencement Information

I271S. 266 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

267Section 266: supplementalE+W

(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.

[F672(1A)If the regulator makes an order, the regulator must—

(a)take all reasonable steps to notify the person removed, and

(b)notify the registered provider.]

[F673(1B)The regulator must notify the Charity Commission if it makes an order removing an officer of a registered charity.]

F674(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I272S. 267 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

268Appeal against removal or suspensionE+W

[F675(1)] A person removed or suspended under section 259, 260 or 266 may appeal to the High Court.

[F676(2)An appeal under this section must be brought within the period of 28 days beginning with the day on which the registered provider concerned is notified of the removal or suspension.]

Textual Amendments

Commencement Information

I273S. 268 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

269Appointment of new officersE+W

(1)The regulator may by order appoint a person as an officer of a [F677private] registered provider—

(a)to replace an officer removed by order under section 266,

(b)where there are no officers, F678...

[F679(ba)in the case of a registered provider which is a registered charity, registered society or registered company, if none of the officers is a board member,

(bb)if the regulator is satisfied that the registered provider has failed to meet a standard under section 193, 194 or 194C, or]

(c)if the regulator [F680is satisfied] an additional officer is necessary [F681to ensure that the registered provider's affairs are managed in accordance with legal requirements (imposed by or under an Act or otherwise)].

[F682(1A)In subsection (1)(ba), “board member” means—

(a)in the case of a registered charity which is not a registered company, a charity trustee within the meaning given by section 177 of the Charities Act 2011;

(b)in the case of a registered society, a member of its committee within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014;

(c)in the case of a registered company, a director within the meaning given by section 250 of the Companies Act 2006.]

(2)The regulator may appoint more than a minority of the officers of a registered provider only if—

(a)the provider has fewer officers than required by its constitution, or

(b)its constitution does not specify a minimum number of officers.

(3)Subsection (1) overrides any restriction on eligibility or numbers of officers imposed by the body's constitution.

(4)An order appointing an officer shall specify the period for which, and the terms on which, the office is to be held; but—

(a)F683... the regulator may by order renew the appointment [F684(on any number of occasions)], and

(b)the officer may resign or retire in accordance with the registered provider's constitution.

(5)An officer appointed by order has the same rights, powers and obligations as an officer appointed under the registered provider's constitution.

(6)The regulator may exercise the power in subsection (1) in respect of a registered charity only if—

F685(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the regulator [F686 notified the Charity Commission of its intention to do so ].

Textual Amendments

Commencement Information

I274S. 269 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

[F687Censure of local authority employeesE+W

Textual Amendments

269ALocal authorities: censure during or following inquiryE+W

(1)The regulator may give a censure notice to a local authority if—

(a)an inquiry under section 206 is in progress in respect of the authority, and

(b)either of the following cases applies.

(2)Case 1 applies if the regulator [F688is satisfied]—

(a)that the affairs of the authority have been mismanaged, and

(b)that the interests of tenants of the authority, 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 [F689that—

(a)the affairs of the authority have been mismanaged, or

(b)the authority has failed to meet a standard under section 193, 194 or 194C.]

(4)The regulator may also give a censure notice to a local authority if, as a result of an inquiry under section 206, the regulator is satisfied [F690that—

(a)the affairs of the authority have been mismanaged, or

(b)the authority has failed to meet a standard under section 193, 194 or 194C.]

(5)A censure notice is a notice identifying an employee or agent of the authority who the regulator thinks has contributed to the failure or mismanagement.

(6)The notice must include the regulator’s reasons.

(7)The regulator shall send a copy of the notice to the employee or agent concerned.

(8)No more than one employee or agent may be identified in a censure notice (but this does not prevent several notices being given in respect of the same failure or mismanagement).

(9)Members of local authorities may not be identified in censure notices.

Textual Amendments

269BResponse to censure noticeE+W

(1)A local authority to whom a censure notice is given under section 269A must respond to the regulator in writing within 28 days of receipt of the notice.

(2)The response must—

(a)explain what action (if any) the authority has taken or proposes to take in relation to the employee or agent,

(b)explain why the authority does not think the employee or agent has contributed to the failure or mismanagement, or

(c)explain why the authority does not think its affairs have been mismanaged [F691or it has failed to meet the standard (as the case may be).]]

Textual Amendments

Chapter 8E+WGeneral

InterpretationE+W

270OfficerE+W

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

[F692private registered provider]Meaning of “officer”
Registered charity which is not a registered companyTrustee, secretary or treasurer
[F241Registered society]“Officer” within the meaning given by [F693section 149 of the Co-operative and Community Benefit Societies Act 2014] (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
[F694Limited liability partnership A member of the limited liability partnership]

Textual Amendments

Commencement Information

I275S. 270 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

271Subsidiary and associateE+W

[F695(1)A person (“A”) is a subsidiary of another person (“B”) if—

(a)A is a subsidiary undertaking in relation to B for the purposes of the Companies Acts (see section 1162 of, and Schedule 7 to, the Companies Act 2006), or

(b)A would be a subsidiary undertaking in relation to B for those purposes if “undertaking” were defined for those purposes to mean any person.]

(6)“Associate” of a provider means—

(a)a body of which the provider is a subsidiary, and

(b)any other subsidiary of that body.

Textual Amendments

Commencement Information

I276S. 271 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

272FamilyE+W

(1)For the purposes of this Part one person is a member of the family of another if—

(a)they are, or live together as if they were, spouses or civil partners, or

(b)one is the parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece of the other.

(2)For those purposes—

(a)a relationship by marriage or civil partnership shall be treated as a relationship by blood (and, in particular, P's stepchild shall be treated as P's child), and

(b)a relationship by half-blood shall be treated as a relationship by whole blood.

Commencement Information

I277S. 272 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

273DisposalE+W

(1)In this Part a reference to disposing of property is a reference to—

(a)selling it,

(b)leasing it,

(c)mortgaging it,

(d)making it subject to a charge, and

(e)disposing of it, or of any interest in it, in any other way.

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

Commencement Information

I278S. 273 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

F696274Charities that have “received public assistance”E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

275GeneralE+W

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 [F697a registered 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,

  • [F698“contract-holder” has the meaning given in section 7 (see also section 48) of the Renting Homes (Wales) Act 2016 (anaw 1),]

  • “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”—

    (a)

    means a house, flat or other building or part of a building occupied or intended to be occupied as a separate dwelling, and

    (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,

  • [F699“housing ombudsman” means a housing ombudsman appointed in accordance with a scheme approved under Schedule 2 to the Housing Act 1996,]

  • F700. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F701“local authority” means—

    (a)

    the council of a county in England,

    (b)

    a district council,

    (c)

    a London borough council,

    (d)

    the Common Council of the City of London, or

    (e)

    the Council of the Isles of Scilly;]

  • “local housing authority” has the same meaning as in the Housing Act 1985,

  • “maintenance” includes repair,

  • [F702“mismanagement”, in relation to the affairs of a registered provider, means managed in breach of any legal requirements (imposed by or under an Act or otherwise);]

  • “non-registrable charity” means a charity which is not required to be registered, in accordance with [F703section 30 of the Charities Act 2011,]

  • “notice” means written notice (and to “notify” means to give written notice),

  • [F698“occupation contract” has the meaning given in section 7 of the Renting Homes (Wales) Act 2016,]

  • [F704"preferential creditor", "preferential debt”, “ordinary preferential debt”[F705, “ordinary non-preferential debt”, “secondary preferential debt”, “secondary non-preferential debt”, “tertiary non-preferential debt” and “relevant financial institution”]] have the same meaning as in the Insolvency Act 1986 (c. 45),

  • “price” includes premium,

  • “registered charity” means a charity registered under [F706the Charities Act 2011,]

  • “registered company” means a company within the meaning of the Companies Act 2006 (c. 46),

  • [F707“registered society” has the same meaning as in the Co-operative and Community Benefit Societies Act 2014,]

  • “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—

    (a)

    land held by a registered provider, or

    (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

  • F708. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F697Words in Act substituted (1.8.2014 immediately after s. 1 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010 comes into force) by Co-operative and Community Benefit Societies Act 2014 (c. 14), Sch. 4 para. 122 (with Sch. 5)

F700Words in s. 275 omitted (1.8.2014 immediately after s. 1 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010 comes into force) by virtue of Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 136(a) (with Sch. 5)

F703Words in s. 275 substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 135(a) (with s. 20(2), Sch. 8)

F706Words in s. 275 substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 135(b) (with s. 20(2), Sch. 8)

F707Words in s. 275 inserted (1.8.2014 immediately after s. 1 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010 comes into force) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 136(b) (with Sch. 5)

F708Words in s. 275 omitted (5.7.2018) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 6 para. 9; S.I. 2018/805, reg. 3(c) (with reg. 4)

Modifications etc. (not altering text)

C107S. 275 modified (28.12.2020 until IP completion day when the amending provision ceases to have effect in accordance with reg. 1(4) of the amending S.I.) by The Bank Recovery and Resolution (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1350), regs. 1(4), 124(b) (with reg. 108)

Commencement Information

I279S. 275 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I280S. 275 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

276Index of defined termsE+W

The Table lists expressions defined in this Part.

ExpressionSection
F709. . .F709. . .
[F710Appointed member] [F710Section 80B]
AssociateSection 271
Assured agricultural occupancySection 275
Assured tenancySection 275
[F711Censure notice][F711Section 269A]
[F712The chair][F712Section] [F71380B]
Charity CommissionSection 275
Committee ([F714registered society])Section 275
Compensation noticeSection 240
ConsentSection 275
ConstitutionSection 275
[F715Contract-holder Section 275]
ConveyanceSection 275
DisposalSection 273
District valuerSection 275
DwellingSection 275
[F716Emergency remedial action section 225B]
Enforcement noticeSections 219 to 225
[F717English body section 79]
Equity percentage arrangementsSection 70(5)
F718. . .F718. . .
FamilySection 272
Financial yearSection 104
[F719Financial Year] [F719Section 100E]
Fundamental objectives[F720Section 92K]
The HCASection 275
[F721health and safety lead section 126A(2)]
[F721health and safety requirement section 126B(2)]
[F722Housing ombudsman section 275]
F723. . .F723. . .
F718. . .F718. . .
Local authoritySection 275
Local housing authoritySection 275
Low cost home ownership accommodationSection 70
Low cost rental accommodationSection 69
MaintenanceSection 275
MismanagementSection 275
Non-profit organisationSection 115
Non-registrable charitySection 275
NoticeSection 275
[F715Occupation contract Section 275]
OfficerSection 270
[F724Ordinary non-preferential debt Section 275]
[F725Ordinary preferential debt Section 275]
Penalty noticeSection 228
[F726Performance improvement plan Section 218A]
[F726Performance improvement plan notice Section 218A]
Pre-compensation warningSection 242
Pre-penalty warningSection 230
Preferential creditorSection 275
Preferential debtSection 275
PriceSection 275
[F711Private registered provider (of social housing)][F711Section 80]
Profit-making organisationSection 115
Provider (of social housing)Section 80
F727. . .F727. . .
Registered charitySection 275
Registered companySection 275
Registered provider (of social housing)Section 80
[F728Registered societySection 275]
The regulator[F729Section] [F73080A]
The Regulator of Social Housing[F731Section] [F73280A]
[F724Relevant financial institution Section 275]
RentSection 275
RepresentationsSection 275
[F724Secondary non-preferential debt Section 275]
[F725Secondary preferential debt Section 275]
Secure tenancySection 275
Secured creditorSection 275
Shared ownership arrangementsSection 70(4)
Shared ownership trustSection 70(6)
Social housingSection 68
SubsidiarySection 271
TenantSection 275
[F724Tertiary non-preferential debt Section 275]
F733. . .F733. . .

Textual Amendments

F714Words in Act substituted (1.8.2014 immediately after s. 1 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010 comes into force) by Co-operative and Community Benefit Societies Act 2014 (c. 14), Sch. 4 para. 123 (with Sch. 5)

F723Words in s. 276 omitted (1.8.2014 immediately after s. 1 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010 comes into force) by virtue of Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 137(a) (with Sch. 5)

F728Words in s. 276 inserted (1.8.2014 immediately after s. 1 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010 comes into force) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 137(b) (with Sch. 5)

Modifications etc. (not altering text)

C108S. 276 modified (28.12.2020 until IP completion day when the amending provision ceases to have effect in accordance with reg. 1(4) of the amending S.I.) by The Bank Recovery and Resolution (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1350), regs. 1(4), 124(c) (with reg. 108)

Commencement Information

I281S. 276 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I282S. 276 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

MiscellaneousE+W

[F734276AExercise of powers: land with a Crown or Duchy interestE+W

(1)The powers in Chapters 6 and 7 are exercisable in relation to premises which are on land in which there is a Crown interest or a Duchy interest.

(2)A “Crown interest” means—

(a)an interest belonging to His Majesty in right of the Crown, or

(b)an interest belonging to a government department or held in trust for His Majesty for the purposes of a government department.

(3)A “Duchy interest” means an interest belonging to His Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall.]

Textual Amendments

[F735276BData protectionE+W

(1)This section applies to a duty or power to process information where the duty or power is imposed or conferred by or by virtue of any provision of this Part.

(2)A duty or power to which this section applies does not operate to require or authorise the processing of information which would contravene the data protection legislation (but the duty or power is to be taken into account in determining whether the processing would contravene that legislation).

(3)In this section “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).]

Textual Amendments

277Consequential amendmentsE+W

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

Commencement Information

I283S. 277 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I284S. 277 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 3 (with arts. 6-13)

I285S. 277 in force at 1.4.2009 for specified purposes by S.I. 2009/803, art. 8(1)

I286S. 277 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

278TransitionalE+W

(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.

Commencement Information

I287S. 278 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

[F736278APower to nominate for consultation purposesE+W

(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);

F737(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.]

Textual Amendments

Part 3 E+WOther provisions

Prospective

Chapter 1E+WSustainability certificates

GeneralE+W

279Certificates for new homesE+W

(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—

    (a)

    contains an interim assessment of the sustainability of a residential property, and

    (b)

    complies with the requirements of regulations under this Chapter,

  • “sustainability certificate” means a document which—

    (a)

    contains a final assessment of the sustainability of a residential property, and

    (b)

    complies with the requirements of regulations under this Chapter.

280Meaning of sustainabilityE+W

(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 assessorsE+W

(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 certificatesE+W

(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.

EnforcementE+W

283Enforcement authoritiesE+W

(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 statementsE+W

(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)to require the production of a legible hard copy of any certificate or statement which is held in electronic form, and

(b)to take copies of any hard copy produced for inspection.

(4)A requirement under this section may not be imposed more than 6 months after the last day for supplying the certificate or statement concerned in pursuance of the duty imposed by virtue of section 279.

(5)A person is not required to comply with a requirement under this section if the person has a reasonable excuse for not complying with the requirement.

(6)Subject to this, a person subject to such a requirement must comply with it within the period of 7 days beginning with the day after that on which it is imposed.

285Penalty charge noticesE+W

(1)An authorised officer of an enforcement authority may give a penalty charge notice to a person if the officer believes that the person has committed a breach of—

(a)any duty imposed by virtue of section 279, or

(b)any duty under section 284.

(2)A penalty charge notice may not be given after the end of the period of 6 months beginning with the day (or, in the case of a continuing breach, the last day) on which the breach of duty was committed.

(3)Schedule 10 (which makes further provision about penalty charge notices) has effect.

286Offences relating to enforcement officersE+W

(1)A person who, without reasonable excuse, obstructs an officer of an enforcement authority who is acting in pursuance of duties imposed by virtue of this Chapter is guilty of an offence.

(2)A person who, not being an authorised officer of an enforcement authority, purports to act as such in pursuance of section 284 or 285 is guilty of an offence.

(3)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

SupplementaryE+W

287GrantsE+W

(1)The appropriate national authority may make grants towards expenditure incurred by any person in connection with the development of proposals for, or the operation of—

(a)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 dutiesE+W

(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.E+W

(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 regulationsE+W

(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 F738... 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.

Textual Amendments

F738Words in s. 290(2)(e) repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(k), Sch. 18 para. 3, Sch. 25 Pt. 29

291Powers to extend ChapterE+W

(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)prescribed descriptions of residential properties falling within paragraph (a) or buildings falling within paragraph (b),

as it applies to new residential properties.

(3)For the purposes of this Chapter a residential property or other building is newly converted if—

(a)it has been converted but has never been used for its intended purpose,

(b)it is being converted, or

(c)its conversion is being designed.

(4)The appropriate national authority may by regulations provide for circumstances in which a residential property or other building is to be treated as having been converted.

(5)The references in subsections (1)(a) and (b), (2)(b) and (c) and (3) and (4) to buildings include references to—

(a)ancillary land, and

(b)buildings and ancillary land which are being designed or constructed or are to be constructed.

(6)The appropriate national authority may by regulations amend the definition of “purchaser” in section 292(1).

(7)Regulations under subsection (6)—

(a)must ensure that the descriptions of persons falling within the definition on the passing of this Act continue to fall within the definition (but this is without prejudice to the power to amend the text of the definition), and

(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.E+W

(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—

    (a)

    in relation to England, the Secretary of State, and

    (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—

    (a)

    made an offer to purchase it, or

    (b)

    purchased it,

  • “relevant interest”, in relation to a residential property, means—

    (a)

    the freehold interest in the property,

    (b)

    such leasehold interests as may be prescribed, or

    (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—

    (a)

    dispose, or agree to dispose, by way of sale of a relevant interest in the property, or

    (b)

    offer such an interest for sale,

  • “sustainability”, in relation to residential properties, is to be read in accordance with section 280.

(2)Any reference in subsection (1) or (5) to the disposal of a relevant interest includes a reference to the creation of such an interest.

(3)For the purposes of this Chapter a person who is selling a residential property is to be treated as selling it as a new property if, at the time in question—

(a)the property is being designed,

(b)the property is being constructed, or

(c)the construction of the property has been finished but the property has never been occupied as a dwelling.

(4)For the purposes of this Chapter, the construction of a residential property is to be treated as finished if the property—

(a)is wind and weather proof,

(b)is safe and sanitary for any occupiers or visitors,

(c)has facilities for the supply of space heating, hot and cold water and electricity,

(d)has washing and drainage facilities, and

(e)meets any other prescribed requirements.

(5)For the purposes of this Chapter a sale is agreed—

(a)in the case of a legally binding agreement to dispose by way of sale, when the agreement is entered into, and

(b)in the absence of such an agreement, when the disposal is made.

(6)Any requirement imposed by virtue of section 279 to supply a certificate or statement—

(a)may be met by supplying a copy of the certificate or statement, and

(b)may be met by supplying the certificate or statement (or copy) in electronic form if the intended recipient consents to receiving it in that form.

(7)For the purposes of this Chapter a certificate, statement or copy supplied in electronic form is only to be treated as being received if the recipient is readily able (using equipment available to the recipient)—

(a)to view the document in a form that is legible, and

(b)to produce hard copies of it in a legible form.

(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 1E+W

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.

ExpressionProvision
Agreed (in relation to a sale)Section 292(5)
Ancillary landSection 292(1)
Appropriate national authoritySection 292(1)
BuildingSection 292(1)
Enforcement authoritySection 283(1)
Finished (in relation to construction of residential property)Section 292(4)
Interim certificateSection 279(11)
ModificationsSection 292(1)
Newly convertedSection 291(3)
PrescribedSection 292(1)
PurchaseSection 292(1)
PurchaserSection 292(1)
Relevant interestSection 292(1)
Residential propertySection 292(1)
SellSection 292(1)
Sell as new propertySection 292(3)
Supply (in relation to certificates or statements)Section 292(6) and (7)
SustainabilitySection 280
Sustainability certificateSection 279(11)

Chapter 2E+WLandlord and tenant matters

Tenant empowermentE+W

Prospective

294Ballots before certain disposals to private landlordsE+W

(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—

“5A“Guidance

(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.

295Management agreements: extending requirements to co-operateE+W

(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;”, and

(c)in paragraph (c) after “guidance” insert “ or directions ”.

Commencement Information

I288S. 295 in force at 1.12.2008 for E. by S.I. 2008/3068, art. 4(1)(a) (with arts. 6-13)

296Requirements to co-operate in relation to certain disposals of landE+W

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.”

Commencement Information

I289S. 296 in force at 1.12.2008 for E. by S.I. 2008/3068, art. 4(1)(b) (with arts. 6-13)

Family intervention tenanciesE+W

297Family intervention tenancies: generalE+W

(1)In Schedule 1 to the Housing Act 1985 (c. 68) (tenancies which are not secure tenancies) after paragraph 4 insert—

“Family intervention tenancies

4ZA(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—

“Family intervention tenancies

12ZA(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.

Commencement Information

I290S. 297 in force at 1.1.2009 for E. by S.I. 2008/3068, art. 4(11) (with arts. 6-13)

298Certain family intervention tenancies: terminationE+W

(1)A local housing authority must not serve a notice to quit on the tenant of a family intervention tenancy unless—

(a)the authority has served a notice under subsection (2) on the tenant, and

(b)either—

(i)the tenant has not requested a review of the kind mentioned in subsection (2)(e) within the period of 14 days beginning with the service of the notice,

(ii)any such request has been withdrawn, or

(iii)the authority has served a notice on the tenant under subsection (4)(b).

(2)A notice under this subsection is a notice in writing stating—

(a)that the authority has decided to serve a notice to quit on the tenant,

(b)the effect of serving a notice to quit,

(c)the reasons for the authority's decision,

(d)when the authority is intending to serve the notice to quit, and

(e)that the tenant has the right to request, within the period of 14 days beginning with the service of the notice under this subsection, a review of the authority's decision.

(3)Subsection (4) applies if the tenant requests a review of the kind mentioned in subsection (2)(e) within the period of 14 days beginning with the service of the notice under subsection (2) and the request is not withdrawn.

(4)The local housing authority must—

(a)review its decision to serve a notice to quit on the tenant, and

(b)serve a notice on the tenant informing the tenant of the decision of the authority on the review and the reasons for it.

(5)The appropriate national authority may by regulations make provision about the procedure to be followed in connection with such a review.

(6)Regulations under subsection (5) may, in particular—

(a)specify the description of person who is to make the decision on a review,

(b)specify the circumstances in which the tenant is entitled to an oral hearing on a review,

(c)specify whether, and by whom, the tenant is entitled to be represented at such a hearing.

(7)A notice under subsection (2), and a notice to quit, served by a local housing authority in respect of a family intervention tenancy must contain advice to the tenant as to how the tenant may be able to obtain assistance in relation to the notice.

(8)The appropriate national authority may by regulations make provision about the type of advice to be provided in such notices.

(9)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,

  • “family intervention tenancy” has the same meaning as in paragraph 4ZA of Schedule 1 to the Housing Act 1985 (c. 68),

and other expressions used in this section and in paragraph 4ZA of that Schedule have the same meaning as in that paragraph.

(10)This section does not apply to any tenancy granted before the coming into force of this section.

Commencement Information

I291S. 298(1)-(4) (7) (10) in force at 1.1.2009 for E. by S.I. 2008/3068, art. 4(11) (with arts. 6-13)

I292S. 298(5)(6)(8)(9) in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 4(3) (with arts. 6-13)

I293S. 298(5)(6)(8)(9) in force at 1.1.2009 for E. in so far as not already in force by S.I. 2008/3068, art. 4(11) (with arts. 6-13)

Possession ordersE+W

299Possession orders relating to certain tenanciesE+W

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.

Commencement Information

I294S. 299 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 4(4) (with arts. 6-13)

I295S. 299 in force at 20.5.2009 for specified purposes by S.I. 2009/1261, art. 2

Leasehold enfranchisementE+W

300Right to acquire freehold: abolition of low rent testE+W

(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;”, and

(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)).

Commencement Information

I296S. 300 in force at 7.9.2009 for E. by S.I. 2009/2096, art. 2(2)(a) (with art. 3(1)(2))

301Shared ownership leases: protection for certain leasesE+W

(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 ”.

Commencement Information

I297S. 301 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 4(5) (with arts. 6-13)

I298S. 301 in force at 7.9.2009 for E. in so far as not already in force by S.I. 2009/2096, art. 2(2)(b) (with art. 3(1)(2))

302Shared ownership leases: protection for hard to replace housesE+W

(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—

“Certain leases in protected areas

4A(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—

“7In this Schedule “appropriate national authority” means—

(a)in relation to England, the Secretary of State; and

(b)in relation to Wales, the Welsh Ministers.”

Commencement Information

I299S. 302 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 4(5) (with arts. 6-13)

I300S. 302 in force at 7.9.2009 for E. in so far as not already in force by S.I. 2009/2096, art. 2(2)(b) (with art. 3(1)(2))

Service chargesE+W

303Service charges: provision of information and designated accountsE+W

Schedule 12 (which relates to the provision of information about service charges and to service charge funds) has effect.

Commencement Information

I301S. 303 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 4(6)(7) (with arts. 6-13)

Right to buy etc: miscellaneousE+W

304Exclusion of the right to buy: possession ordersE+W

(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 noticesE+W

Schedule 13 (which makes provision about demolition notices) has effect.

306Review of determination of valueE+W

(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 institutionsE+W

(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)).”

308Former right to buy and other flats: service charge loansE+W

(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.

Commencement Information

I302S. 308 in force at 1.12.2008 for E. by S.I. 2008/3068, art. 4(8) (with arts. 6-13)

I303S. 308 in force at 19.8.2011 for W. by S.I. 2011/1863, art. 3(1)

309Former right to buy and other flats: equity share purchasesE+W

After section 450C of the Housing Act 1985 (c. 68) (loans in respect of service charges) insert—

“Other financial assistance in respect of service chargesE+W
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.”

Commencement Information

I304S. 309 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 4(9) (with arts. 6-13)

I305S. 309 in force at 6.4.2009 for further purposes by S.I. 2009/803, art. 9

I306S. 309 in force at 26.7.2011 for specified purposes for W. by S.I. 2011/1863, art. 2

I307S. 309 in force at 19.8.2011 for W. so far as not already in force by S.I. 2011/1863, art. 3(2)

310Other amendmentsE+W

(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 ”.

OtherE+W

311Disposals of dwelling-houses by local authoritiesE+W

Schedule 14 (which makes provision about the requirements for consent for disposals of dwelling-houses by local authorities) has effect.

Commencement Information

I308S. 311 in force at 1.12.2008 by S.I. 2008/3068, art. 4(1)(c) (with arts. 6-13)

312Financial assistance for information and other servicesE+W

(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,”, and

(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 3E+WHousing finance and other provisions

Housing Revenue Account subsidyE+W

313Exclusions from subsidy arrangementsE+W

(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 housingE+W

314Ineligible persons from abroad: statutory disregardsE+W

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.

Commencement Information

I309S. 314 in force at 2.3.2009 for specified purposes by S.I. 2009/415, art. 3

I310S. 314 in force at 2.3.2009 by S.I. 2009/415, art. 4(a)

I311S. 314 in force at 2.3.2009 for specified purposes by S.I. 2009/415, art. 2

315Armed forces: local connection testE+W

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”.

Commencement Information

I312S. 315 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 4(10) (with arts. 6-13)

I313S. 315 in force at 30.3.2009 for specified purposes for W. by S.I. 2009/773, art. 2

OtherE+W

316Amendments to Housing Act 1985: lending institutionsE+W

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 ”.

Commencement Information

I314S. 316 in force at 7.9.2009 by S.I. 2009/2096, art. 2(3) (with art. 3(3))

317Building regulations: time limit for prosecutionsE+W

(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.

Commencement Information

I315S. 317 in force at 22.9.2008 by S.I. 2008/2358, art. 4(a)

318Protected mobile home sites to include sites for gypsies and travellersE+W

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,”.

Commencement Information

I316S. 318 in force at 10.7.2013 for W. by S.I. 2013/1469, art. 2(1)(a) (with arts. 3-7)

319Financial assistance for certain services about commonholdE+W

(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”, and

(c)after “matters” insert “, or

(b)any other matter relating to commonhold land and residential matters”.

(2)In the heading of section 62 of that Act after “advice” insert “ etc. ”.

Part 4 U.K.Supplementary and final provisions

320Orders and regulationsU.K.

(1)The power of the Secretary of State, the Treasury or the Welsh Ministers to make orders or regulations under this Act—

(a)is exercisable by statutory instrument,

(b)may be exercised so as to make provision generally or subject to exceptions or only in relation to specified cases or circumstances or descriptions of case,

(c)may be exercised so as to make different provision for different cases or descriptions of case, different circumstances, different purposes or different areas, and

(d)includes power to make supplementary, incidental, consequential, transitional, transitory or saving provision.

(2)Subsection (1) does not apply to orders under—

(a)paragraph 3 of Schedule 3, or

(b)Schedule 4.

(3)An instrument containing—

(a)an order under section 13, 114 [F739, 122] or 229,

(b)an order of the Secretary of State under section 321,

(c)an order of the Secretary of State under paragraph 19(4), 21(2) or (4) or 24 of Schedule 11,

(d)regulations under section 70 [F740, 72 or 126A], or

(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 [F741and 122]),

[F742(aa)an order or regulations of the Secretary of State under section 184,]

(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,

[F743(ca)regulations under section 53A(2)]

(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.

[F744(7A)An instrument containing regulations under section 53B is subject to annulment in pursuance of a resolution of the House of Commons.]

(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.

Textual Amendments

F739Words in s. 320(3)(a) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 17 para. 18(a); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F743S. 320(7)(ca) inserted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 31(4)(a), 57(5)(e)

F744S. 320(7A) inserted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 31(4)(b), 57(5)(e)

321Consequential amendments and repealsU.K.

(1)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.

Commencement Information

I317S. 321 partly in force; s. 321(2)-(4) in force at Royal Asset see s. 325(6); s. 321(1) in force for specified purposes at 22.9.2008 see s. 325(1)(2)(b)

I318S. 321 in force at 1.4.2009 for specified purposes by S.I. 2009/803, art. 10

I319S. 321 in force at 20.5.2009 for specified purposes by S.I. 2009/1261, art. 4

I320S. 321(1) in force at 22.9.2008 for specified purposes by S.I. 2008/2358, art. 4(b)

I321S. 321(1) in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 5, Sch. (with arts. 6-13)

I322S. 321(1) in force at 2.3.2009 for specified purposes by S.I. 2009/415, art. 4(b)

I323S. 321(1) in force at 7.9.2009 for specified purposes for E. by S.I. 2009/2096, art. 2(2)(c) (with art. 3(1)(2))

I324S. 321(1) in force at 1.4.2010 for specified purposes by S.I. 2010/862, art. 3 (with Sch.)

I325S. 321(1) in force at 30.4.2011 for specified purposes for E. by S.I. 2011/1002, art. 2 (with arts. 3-7, Sch.)

I326S. 321(1) in force at 10.7.2013 for specified purposes for W. by S.I. 2013/1469, art. 2(1)(b) (with arts. 3-7)

322Transitional, transitory or saving provisionU.K.

(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 provisionsU.K.

(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).

324ExtentU.K.

(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—

(a)the repeal in section 5 of the Mobile Homes Act 1983 (c. 34),

(b)the repeals of sections 50 and 51 of the Housing Act 1988 (c. 50), and

(c)the amendments of sections 52 to 54 and 59 of that Act.

325CommencementU.K.

(1)Subject as follows, this Act comes into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes or different areas.

(2)The following provisions—

(a)sections 294, 304 to 307, 310, 312, 313 and 319 and Schedule 13, and

(b)section 321(1), and Schedule 16, so far as relating to the repeals in sections 125D(2), 128(2) and 136(2) of, and paragraph 13(5) of Schedule 5 to, the Housing Act 1985 (c. 68),

come into force at the end of the period of 2 months beginning with the day on which this Act is passed.

(3)Subsection (4) applies to the following provisions—

(a)Chapter 1 of Part 3 (including Schedule 10),

(b)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 titleU.K.

This Act may be cited as the Housing and Regeneration Act 2008.

SCHEDULES

Section 1

SCHEDULE 1E+WThe Homes and Communities Agency

MembershipE+W

1(1)The HCA is to consist of such number of members (being not less than six) as the Secretary of State may from time to time appoint.E+W

(2)The Secretary of State must appoint one of the members as the person with the function of chairing the HCA.

(3)In appointing a person to be a member, the Secretary of State—

(a)must have regard to the desirability of appointing a person who has experience of, and has shown some capacity in, a matter relevant to the exercise of the functions of the HCA, and

(b)must be satisfied that the person will have no financial or other interest likely to affect prejudicially the exercise of the person's functions as a member.

(4)The Secretary of State may require any person whom the Secretary of State proposes to appoint as a member to provide such information as the Secretary of State considers necessary for the purposes of sub-paragraph (3)(b).

F745(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I327Sch. 1 para. 1 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

Terms of appointment of membersE+W

2(1)Subject as follows, a member of the HCA holds and vacates office in accordance with the member's terms of appointment.E+W

(2)A member may resign by serving notice on the Secretary of State.

(3)A person ceases to have the function of chairing the HCA if the person—

(a)resigns from exercising that function by serving notice on the Secretary of State, or

(b)ceases to be a member.

(4)A person who—

(a)ceases to be a member, or

(b)ceases to have the function of chairing the HCA,

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.

Commencement Information

I328Sch. 1 para. 2 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

Remuneration etc: membersE+W

3(1)The HCA may pay to its members such remuneration and such allowances as the Secretary of State may decide.E+W

(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.

Commencement Information

I329Sch. 1 para. 3 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

StaffE+W

4(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.E+W

(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.

Commencement Information

I330Sch. 1 para. 4 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

Financial provisionE+W

5(1)The Secretary of State may make payments to the HCA by way of grant.E+W

(2)Such payments may be made on such terms and conditions as the Secretary of State considers appropriate.

Commencement Information

I331Sch. 1 para. 5 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

CommitteesE+W

6(1)The HCA may establish one or more committees.E+W

(2)A committee may establish one or more sub-committees.

(3)A member, or member of staff, of the HCA may be a member of a committee or sub-committee.

(4)Other persons may be members of committees or sub-committees but only with the approval, in each case, of the Secretary of State.

(5)No committee or sub-committee may consist exclusively of other persons.

(6)The members of a sub-committee of a committee may include persons who are not members of the committee.

(7)The HCA may pay such remuneration and such allowances as the Secretary of State may decide to any person who—

(a)is a member of a committee or sub-committee, but

(b)is neither a member nor member of staff of the HCA.

(8)The HCA may dissolve a committee or sub-committee.

Commencement Information

I332Sch. 1 para. 6 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

Procedure and members' interestsE+W

7(1)The HCA may, subject to any directions given by the Secretary of State, decide—E+W

(a)its own procedure, and

(b)the procedure of any of its committees or sub-committees.

(2)Subject to this, a committee may decide the procedure of any of its sub-committees.

(3)Subject as above, a committee or sub-committee may decide its own procedure.

(4)In this paragraph “procedure” includes quorum.

Commencement Information

I333Sch. 1 para. 7 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

8E+WThe validity of proceedings of the HCA, or of any of its committees or sub-committees, is not affected by—

(a)any vacancy,

(b)any defective appointment, or

(c)any contravention of—

(i)directions given as mentioned in paragraph 7(1), or

(ii)paragraph 9.

Commencement Information

I334Sch. 1 para. 8 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

9(1)A member of the HCA who is directly or indirectly interested in any matter arising at a meeting of the HCA must disclose the nature of that interest to the meeting.E+W

(2)A member of a committee or sub-committee of the HCA who is directly or indirectly interested in any matter arising at a meeting of the committee or sub-committee must disclose the nature of that interest to the meeting.

(3)In the case of a matter disclosed under this paragraph by a member of the HCA or of a committee or sub-committee, the member—

(a)must not take part in any deliberation or decision about the matter if it is a contract or agreement of any description, but

(b)may otherwise take part in any deliberation or decision about the matter unless at least one-third of the other members at the meeting decide that the interest disclosed might prejudicially affect the member's consideration of the matter.

Commencement Information

I335Sch. 1 para. 9 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

DelegationE+W

10(1)The HCA may delegate any of its functions to any of its members, committees, sub-committees or staff.E+W

(2)Any such committee may delegate any function conferred on it to any sub-committee of the committee or to any staff of the HCA.

(3)See also section 42 (agency arrangements of the HCA with urban development corporations).

Commencement Information

I336Sch. 1 para. 10 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

Reports, accounts etc.E+W

11(1)For each financial year, the HCA must—E+W

(a)prepare an annual report on how it has exercised its functions during the year, and

(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).

Commencement Information

I337Sch. 1 para. 11 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

12(1)The HCA must keep proper accounts and proper records in relation to the accounts.E+W

(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).

Commencement Information

I338Sch. 1 para. 12 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

13(1)The HCA must provide the Secretary of State with such information as the Secretary of State may require relating to the HCA's property or to the exercise or proposed exercise of its functions.E+W

(2)The HCA must—

(a)permit any person authorised by the Secretary of State to inspect and make copies of any accounts or other documents of the HCA, and

(b)provide such explanation of them as that person or the Secretary of State may require.

Commencement Information

I339Sch. 1 para. 13 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

Supplementary and transitional provisionsE+W

14(1)The application of the seal of the HCA must be authenticated by the signature of—E+W

(a)a member of the HCA who is authorised (generally or specifically) for that purpose, or

(b)a member of staff of the HCA who is so authorised.

(2)A document purporting to be duly executed under the seal of the HCA, or signed on its behalf, is to be received in evidence and, unless the contrary is proved, is to be treated as so executed or signed.

Commencement Information

I340Sch. 1 para. 14 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

15E+WThe HCA is not to be regarded—

(a)as a servant or agent of the Crown, or

(b)as enjoying any status, immunity or privilege of the Crown,

and its property is not to be regarded as property of, or held for or on behalf of, the Crown.

Commencement Information

I341Sch. 1 para. 15 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

F74616E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F746Sch. 1 para. 16 repealed (1.7.2011) by Bribery Act 2010 (c. 23), s. 19(1), Sch. 2 (with ss. 16, 19(5)); S.I. 2011/1418, art. 2

17E+WThe Secretary of State (instead of the HCA) may—

(a)appoint the first chief executive, and

(b)determine the terms and conditions of service as a member of staff of the HCA which are applicable to the first chief executive on appointment.

Commencement Information

I342Sch. 1 para. 17 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

F74718E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 9(6)

SCHEDULE 2E+WAcquisition of land

Modifications etc. (not altering text)

Part 1E+WCompulsory acquisition of land

Modifications etc. (not altering text)

C116Sch. 2 Pt. 1 applied (with modifications) (15.1.2012) by Localism Act 2011 (c. 20), ss. 207(7)(8), 240(1)(l)

C117Sch. 2 Pt. 1 applied (with modifications) by 1999 c. 29, s. 333ZA(6)(7) (as inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/57, art. 4(1)(w) (with arts. 6, 7, 9-11))

Application of Acquisition of Land Act 1981 (c. 67)E+W

1(1)The Acquisition of Land Act 1981 applies to the compulsory acquisition of land under section 9 with the following modification.E+W

(2)The reference in section 17(3) of that Act (local authority and statutory undertakers' land) to statutory undertakers includes a reference to the HCA.

Commencement Information

I343Sch. 2 para. 1 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(d) (with arts. 6-13)

2(1)Schedule 3 to the Act of 1981 applies to the compulsory acquisition of new rights under section 9 with the following modification.E+W

(2)The reference in paragraph 4(3) of that Schedule to statutory undertakers includes a reference to the HCA.

Commencement Information

I344Sch. 2 para. 2 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(d) (with arts. 6-13)

Extinguishment of private rights of way etc.E+W

3(1)Sub-paragraph (2) applies where the HCA completes the compulsory acquisition of land under this Part of this Act.E+W

(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.

Commencement Information

I345Sch. 2 para. 3 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(d) (with arts. 6-13)

4E+WThe HCA may give a direction before the completion of the acquisition that paragraph 3(2) is not to apply to any right or apparatus specified in the direction.

Commencement Information

I346Sch. 2 para. 4 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(d) (with arts. 6-13)

5E+WParagraph 3(2) is subject to any agreement which may be made (whether before or after the completion of the acquisition) between—

(a)the HCA, and

(b)the person—

(i)in whom the right or apparatus concerned is vested, or

(ii)to whom it belongs.

Commencement Information

I347Sch. 2 para. 5 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(d) (with arts. 6-13)

6(1)Paragraph 3(2) does not apply to—E+W

(a)any right vested in statutory undertakers for the purpose of carrying on their undertaking,

(b)any apparatus belonging to statutory undertakers for that purpose,

(c)any right conferred by, or in accordance with, the electronic communications code on the operator of an electronic communications code network, or

(d)any electronic communications apparatus kept installed for the purposes of any such network.

(2)In sub-paragraph (1) “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”).

Commencement Information

I348Sch. 2 para. 6 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(d) (with arts. 6-13)

7(1)Any person who suffers loss by the extinguishment of a right, or the vesting of any apparatus, under paragraph 3 is entitled to compensation from the HCA.E+W

(2)Any compensation payable under this paragraph is to be determined in accordance with the Land Compensation Act 1961 (c. 33).

Commencement Information

I349Sch. 2 para. 7 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(d) (with arts. 6-13)

New rights: Compulsory Purchase Act 1965 (c. 56)E+W

8(1)The Compulsory Purchase Act 1965 applies, with the necessary modifications, to the compulsory acquisition of new rights under section 9 as it applies to the compulsory purchase of land.E+W

(2)One result is that, in appropriate contexts, references in that Act to land are to be read as referring, or as including references, to—

(a)the rights acquired or to be acquired, or

(b)land over which the rights are, or are to be, exercisable,

according to the requirements of the particular context.

Commencement Information

I350Sch. 2 para. 8 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(d) (with arts. 6-13)

New rights: specific adaptations of 1965 ActE+W

9(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.E+W

(2)Sub-paragraph (1) is without prejudice to the generality of paragraph 8.

Commencement Information

I351Sch. 2 para. 9 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(d) (with arts. 6-13)

10E+WSection 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 ”.”

Commencement Information

I352Sch. 2 para. 10 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(d) (with arts. 6-13)

[F74811E+WSection 8(1) of the Compulsory Purchase Act 1965 has effect as if references to acquiring land were to acquiring a right in the land, and Schedule 2A to that Act is to be read as if, for that Schedule, there were substituted—

“SCHEDULE 2AE+WCounter-notice requiring purchase of land
IntroductionE+W

1(1)This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over the whole or part of a house, building or factory.

(2)But see section 2A of the Acquisition of Land Act 1981 (under which a compulsory purchase order can exclude from this Schedule land that is 9 metres or more below the surface).

2In this Schedule “house” includes any park or garden belonging to a house.

Counter-notice requiring purchase of landE+W

3A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner's interest in the house, building or factory.

4A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served.

Response to counter-noticeE+W

5On receiving a counter-notice the acquiring authority must decide whether to—

(a)withdraw the notice to treat,

(b)accept the counter-notice, or

(c)refer the counter-notice to the Upper Tribunal.

6The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”).

7If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period.

8If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period.

9If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in the house, building or factory.

Determination by Upper TribunalE+W

10On a referral under paragraph 7 the Upper Tribunal must determine whether the acquisition of the right would—

(a)in the case of a house, building or factory, cause material detriment to the house, building or factory, or

(b)in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs.

11In making its determination, the Upper Tribunal must take into account—

(a)the effect of the acquisition of the right,

(b)the proposed use of the right, and

(c)if the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land.

12If the Upper Tribunal determines that the acquisition of the right would have either of the consequences described in paragraph 10 it must determine how much of the house, building or factory the authority ought to be required to take.

13If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in that land.

14(1)If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land.

(2)If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice.

(3)Any dispute as to the compensation is to be determined by the Upper Tribunal.”]

Textual Amendments

12(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).E+W

(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.

Commencement Information

I353Sch. 2 para. 12 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(d) (with arts. 6-13)

13(1)Section 11 of the Act of 1965 (powers of entry) is to be read as if it were modified so as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right, the acquiring authority has power to enter for the purpose of exercising that right.E+W

(2)For the purposes of sub-paragraph (1)—

(a)the power to enter is to be exercisable in the same circumstances, and subject to the same conditions, as already contained in that section, and

(b)the right is deemed to have been created on the date of service of the notice.

(3)Sections 12 (penalty for unauthorised entry) and 13 (entry on sheriff's warrant in the event of obstruction) of the Act of 1965 are to be read as if modified correspondingly.

Commencement Information

I354Sch. 2 para. 13 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(d) (with arts. 6-13)

14E+WSection 20 of the Act of 1965 (compensation for short-term tenants) is to be read as if it were modified so as to secure that persons with such interests as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory purchase of the interests but taking into account only the extent (if any) of such interference with such interests as is actually caused, or likely to be caused, by the exercise of the right concerned.

Commencement Information

I355Sch. 2 para. 14 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(d) (with arts. 6-13)

15E+WSection 22 of the Act of 1965 (protection of acquiring authority's possession of land where by inadvertence an interest in the land has not been purchased) is to be read as if it were modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right concerned, subject to compliance with that section as respects compensation.

Commencement Information

I356Sch. 2 para. 15 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(d) (with arts. 6-13)

New rights: compensationE+W

16(1)The enactments relating to compensation for the compulsory purchase of land apply, with the necessary modifications, in relation to the acquisition of new rights under section 9 as they apply to compensation for the compulsory purchase of land.E+W

(2)Sub-paragraph (1) is without prejudice to the generality of paragraph 8.

Commencement Information

I357Sch. 2 para. 16 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(d) (with arts. 6-13)

Part 2E+WAcquisition by agreement

17(1)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.E+W

(2)In that Part as so applied “land” has the same meaning as in this Part of this Act.

Commencement Information

I358Sch. 2 para. 17 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(d) (with arts. 6-13)

Section 11

SCHEDULE 3E+WMain powers in relation to [F749land acquired by the HCA]

Textual Amendments

F749Words in Sch. 3 title substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 32(3), 57(5)(e) (with s. 32(11)(12))

Modifications etc. (not altering text)

C118Sch. 3 applied by 2011 c. 20, s. 208(1) (as substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 17; S.I. 2016/733, reg. 3(m))

C119Sch. 3 applied by 1999 c. 29, s. 333ZB(1) (as substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 12(2); S.I. 2016/733, reg. 3(m) (with reg. 10))

F750Part 1E+WPowers to override easements etc.

Textual Amendments

F750Powers to override easements etc. in undertaking works or using landE+W

F7501E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F750Compensation for overridden easements etc.E+W

F7502E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2E+WPowers to extinguish public rights of way

Powers of Secretary of State to extinguish public rights of way by orderE+W

3E+WThe Secretary of State may by order extinguish any public right of way over land of the HCA if the Secretary of State is satisfied that—

(a)an alternative right of way has been, or will be, provided, or

(b)the provision of an alternative right of way is not required.

Commencement Information

I359Sch. 3 para. 3 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)

Notification of proposal to make orderE+W

4(1)This paragraph applies if the Secretary of State is proposing to make an order under paragraph 3.E+W

(2)The Secretary of State must—

(a)publish a notice stating—

(i)the effect of the order,

(ii)the time (not less than 28 days starting with the date of publication of the notice) within which objections to the proposal may be made, and

(iii)the manner in which objections to the proposal may be made, and

(b)serve a copy of the notice on—

(i)the local planning authority in whose area the land is situated, and

(ii)the relevant highway authority.

(3)In sub-paragraph (2) “the relevant highway authority” means any authority which is a highway authority in relation to the right of way which is proposed to be extinguished by the order.

(4)Publication under sub-paragraph (2) must be in such manner as the Secretary of State considers appropriate.

Commencement Information

I360Sch. 3 para. 4 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)

Duty to consider objectionsE+W

5(1)The Secretary of State must proceed under paragraph 6 if—E+W

(a)an objection to a proposal to make an order is properly made and not withdrawn, and

(b)the matter is not otherwise dealt with.

(2)For the purposes of sub-paragraph (1) an objection is properly made if (and only if)—

(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.

Commencement Information

I361Sch. 3 para. 5 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)

6(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.E+W

(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.

Commencement Information

I362Sch. 3 para. 6 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)

Duty to give opportunity to appearE+W

7(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.E+W

(2)Sub-paragraph (3) applies if the objector takes advantage of this opportunity.

(3)The Secretary of State must give an opportunity of appearing and being heard on the same occasion as the objector to—

(a)the HCA, and

(b)any other persons whom the Secretary of State considers ought to be given the opportunity.

(4)Sub-paragraphs (1) to (3) do not apply so far as the Secretary of State has the power to proceed under paragraph 8 or 9.

Commencement Information

I363Sch. 3 para. 7 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)

Power to treat objection as irrelevantE+W

8E+WThe Secretary of State may treat the objection as irrelevant for the purpose of making a final decision—

(a)if the Secretary of State 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 Secretary of State is satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation.

Commencement Information

I364Sch. 3 para. 8 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)

Power to curtail decision-making processE+W

9E+WThe Secretary of State may make a final decision without further investigation as to the matters to which the objection relates if—

(a)the Secretary of State—

(i)has considered the grounds of the objection as set out in the original statement and in any further statement, and

(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.

Commencement Information

I365Sch. 3 para. 9 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)

Power to hold public local inquiryE+W

10(1)The Secretary of State must cause a public local inquiry to be held in relation to an objection to a proposal to make an order under paragraph 3 if the Secretary of State considers that the matters to which the objection relates are such as to require investigation by such an inquiry before the Secretary of State makes a final decision.E+W

(2)The duty in sub-paragraph (1) is effective despite any other provisions of paragraphs 4 to 9.

(3)The other provisions of those paragraphs are to be ignored if no effect has been given to them when the Secretary of State decides to cause an inquiry to be held.

Commencement Information

I366Sch. 3 para. 10 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)

Orders relating to electronic communications apparatus: removal or abandonment of apparatusE+W

11E+WParagraphs 12 and 13 apply if—

(a)an order under paragraph 3 extinguishing a public right of way is made, and

(b)at the time of the publication of the notice required by paragraph 4 any electronic communications apparatus was kept installed for the purposes of an electronic communications code network under, in, on, over, along or across the land over which the right of way subsisted.

Commencement Information

I367Sch. 3 para. 11 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)

12(1)The power of the operator of the network to remove the apparatus is exercisable, despite the order, at any time not later than the end of the period of 3 months beginning with the day on which the right of way is extinguished.E+W

(2)The power of the operator of the network to remove the whole or any part of the apparatus is exercisable after the end of that period if, before the end of the period, the operator has served notice on the HCA of the operator's intention to remove the apparatus or (as the case may be) part.

Commencement Information

I368Sch. 3 para. 12 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)

13(1)The operator of the network may abandon the electronic communications apparatus, or any part of it, by serving notice to that effect on the HCA not later than the end of the period of 3 months beginning with the day on which the right of way is extinguished.E+W

(2)In the absence of such a notice, the operator of the network is to be treated at the end of the period of 3 months as having abandoned any part of the apparatus which, at that time, the operator has neither—

(a)removed, nor

(b)served notice of intention to remove.

Commencement Information

I369Sch. 3 para. 13 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)

14(1)The operator of the network may recover from the HCA the expense of providing any substitute electronic communications apparatus in such other place as the operator may require.E+W

(2)In sub-paragraph (1) “substitute electronic communications apparatus” means electronic communications apparatus in substitution for—

(a)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.

Commencement Information

I370Sch. 3 para. 14 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)

15E+WElectronic 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.

Commencement Information

I371Sch. 3 para. 15 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)

Orders relating to electronic communications apparatus: notice requirementsE+W

16(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.E+W

(2)The notice must be served as soon as practicable after the making of the order.

Commencement Information

I372Sch. 3 para. 16 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)

Supplementary: Part 2E+W

17E+WThe 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.

Commencement Information

I373Sch. 3 para. 17 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)

18E+WIn 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.

Commencement Information

I374Sch. 3 para. 18 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)

Part 3E+WPowers in relation to burial grounds and consecrated land etc.

Burial groundsE+W

19(1)This paragraph applies in relation to any land of the HCA which consists in, or forms part of, a burial ground.E+W

(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.

Modifications etc. (not altering text)

C122Sch. 3 paras. 19, 20 functions made exercisable concurrently (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 5(1)(i)(2)(3)

C123Sch. 3 paras. 19, 20 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(i) (with art. 18(3)(b))

Commencement Information

I375Sch. 3 para. 19 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)

Consecrated land other than burial groundsE+W

20(1)This paragraph applies in relation to any land of the HCA which—E+W

(a)is consecrated land (whether or not including a building), and

(b)does not consist in, or form part of, a burial ground.

(2)The HCA or any other person may use the land in any way which accords with planning permission despite any obligation or restriction imposed under ecclesiastical law or otherwise in respect of consecrated land.

(3)But any such use of the land is subject to—

(a)prescribed requirements about the disposal of monuments, and

(b)prescribed provisions for prohibiting or restricting the use of the land while—

(i)any church or other building used, or formerly used, for religious worship remains on the land, or

(ii)any part of any such church or other building remains on the land.

(4)Prohibitions or restrictions prescribed under sub-paragraph (3)(b) may be absolute or until a prescribed consent is obtained.

Modifications etc. (not altering text)

C122Sch. 3 paras. 19, 20 functions made exercisable concurrently (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 5(1)(i)(2)(3)

C123Sch. 3 paras. 19, 20 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(i) (with art. 18(3)(b))

Commencement Information

I376Sch. 3 para. 20 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)

Other land connected to religious worshipE+W

21(1)This paragraph applies in relation to any land of the HCA which—E+W

(a)is neither consecrated land nor land which consists in, or forms part of, a burial ground, and

(b)at the time of acquisition included—

(i)a church or other building used, or formerly used, for religious worship, or

(ii)the site of such a church or other building.

(2)Any use of the land is subject to prescribed requirements about the disposal of monuments.

Commencement Information

I377Sch. 3 para. 21 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)

Regulations: generalE+W

22(1)Regulations under this Part of this Schedule must secure that any use of land which is subject to compliance with the regulations is (so far as possible) subject to an appropriate level of control.E+W

(2)For the purposes of sub-paragraph (1) an appropriate level of control is the same control—

(a)as imposed by law in relation to a similar use authorised by an enactment not contained in this Part of this Act,

(b)as imposed by a Measure, or

(c)as it would be proper to impose on a disposal of the land concerned otherwise than in pursuance of an enactment or Measure.

(3)Regulations under this Part of this Schedule must impose such requirements in relation to the disposal of the land as the Secretary of State considers appropriate to secure that the requirements and other provisions in the regulations about the use of the land are complied with.

(4)Regulations made for the purposes of paragraphs 19 to 21 may, in particular, include incidental or consequential provision about the closing of registers.

Commencement Information

I378Sch. 3 para. 22 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)

Regulations about human remains and monumentsE+W

23(1)Regulations under this Part of this Schedule about the removal and reinterment of human remains and the disposal of monuments must require the persons in whom the land is vested to publish notice of their intention to carry out the removal and reinterment of any human remains or the disposal of any monuments.E+W

(2)Regulations under this Part of this Schedule about the removal and reinterment of human remains and the disposal of monuments must make provision for—

(a)enabling the personal representatives or relatives of any deceased person themselves—

(i)to undertake the removal and reinterment of the remains of the deceased, and

(ii)the disposal of any monument commemorating the deceased, and

(b)requiring the persons in whom the land is vested to meet the expenses of such removal, reinterment and disposal provided that they are not more than such amount as may be prescribed.

(3)Regulations under this Part of this Schedule about the removal and reinterment of human remains and the disposal of monuments must require compliance with such reasonable conditions (if any) as may be imposed, in the case of consecrated land, by the bishop of the diocese, in relation to—

(a)the manner of removal of any human remains,

(b)the place and manner of reinterment of any human remains, and

(c)the disposal of any monuments.

(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.

Commencement Information

I379Sch. 3 para. 23 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)

Disapplication of facultiesE+W

24(1)No faculty is required for—E+W

(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.

Commencement Information

I380Sch. 3 para. 24 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)

Disapplication of section 25 of the Burial Act 1857E+W

25E+WSection 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.

Commencement Information

I381Sch. 3 para. 25 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)

Interpretation: Part 3E+W

26(1)In this Part of this Schedule—E+W

  • “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.

Commencement Information

I382Sch. 3 para. 26 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)

Section 12

SCHEDULE 4E+WPowers in relation to, and for, statutory undertakers

Modifications etc. (not altering text)

C135Sch. 4 applied (with modifications) (15.1.2012) by Localism Act 2011 (c. 20), ss. 208(4)(5), 240(1)(l)

C136Sch. 4 applied (with modifications) by 1999 c. 29, s. 333ZB(3)(4) (as inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/57, art. 4(1)(w) (with arts. 6, 7, 9-11))

Part 1E+WExtinguishment or removal powers for the HCA

Notice for extinguishment of rights of undertakers or for removal of their apparatusE+W

1(1)Sub-paragraph (2) applies if—E+W

(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—

    (a)

    a right of way on, under or over land, or

    (b)

    a right of laying down, erecting, continuing or maintaining apparatus on, under or over land,

  • “relevant period” means—

    (a)

    the period of 28 days beginning with the date of service of the notice, or

    (b)

    any longer period beginning with that date and specified in the notice.

Modifications etc. (not altering text)

C140Sch. 4 para. 1 functions made exercisable concurrently (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 5(1)(j)(2)(3)

C141Sch. 4 paras. 1, 2 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(j) (with art. 18(3)(b))

Commencement Information

I383Sch. 4 para. 1 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Counter-noticesE+W

2(1)Sub-paragraph (2) applies if the HCA serves a notice under paragraph 1 on statutory undertakers.E+W

(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.

Modifications etc. (not altering text)

C141Sch. 4 paras. 1, 2 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(j) (with art. 18(3)(b))

C149Sch. 4 para. 2 functions made exercisable concurrently (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 5(1)(j)(2)(3)

Commencement Information

I384Sch. 4 para. 2 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Effect of unopposed noticeE+W

3(1)This paragraph applies if—E+W

(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.

Modifications etc. (not altering text)

C154Sch. 4 para. 3 functions made exercisable concurrently (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 5(1)(j)(2)(3)

C155Sch. 4 paras. 3, 4 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(j) (with art. 18(3)(b))

Commencement Information

I385Sch. 4 para. 3 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Opposed notices and Ministerial ordersE+W

4(1)This paragraph applies if—E+W

(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.

Modifications etc. (not altering text)

C155Sch. 4 paras. 3, 4 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(j) (with art. 18(3)(b))

C160Sch. 4 para. 4 functions made exercisable concurrently (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 5(1)(j)(2)(3)

Commencement Information

I386Sch. 4 para. 4 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

5(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.E+W

(2)The Secretary of State and the appropriate Minister—

(a)must consider any objections made by virtue of sub-paragraph (1), and

(b)must give—

(i)the statutory undertakers who made the objections, and

(ii)the HCA,

an opportunity to appear before, and be heard by, a person appointed for this purpose by the Secretary of State and the appropriate Minister.

(3)The Secretary of State and the appropriate Minister may then—

(a)decide not to make an order, or

(b)proceed to make an order in accordance with the application (with or without modifications).

Commencement Information

I387Sch. 4 para. 5 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

6(1)This paragraph applies if an order is made under paragraph 4(3).E+W

(2)Any right to which the order relates is extinguished at the end of the period specified for that purpose in the order.

(3)The HCA may—

(a)remove any apparatus, and

(b)dispose of it as it considers appropriate,

if any requirement of the order as to the removal of the apparatus has not been complied with by the end of the period specified for that purpose in the order.

Modifications etc. (not altering text)

C165Sch. 4 para. 6 functions made exercisable concurrently (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 5(1)(j)(2)(3)

C166Sch. 4 para. 6 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(j) (with art. 18(3)(b))

Commencement Information

I388Sch. 4 para. 6 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

CompensationE+W

7(1)Statutory undertakers are entitled to compensation from the HCA if—E+W

(a)any right vested in, or belonging to, the statutory undertakers is extinguished, or

(b)any requirement is imposed on the statutory undertakers,

by virtue of this Part of this Schedule.

(2)Sections 280 and 282 of the Town and Country Planning Act 1990 (c. 8) (measure of compensation to statutory undertakers) apply to compensation under this paragraph as they apply to compensation under section 279(4) of that Act.

Commencement Information

I389Sch. 4 para. 7 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Electronic communicationsE+W

8(1)The reference in paragraph 1(1)(a) to a protected right vested in, or belonging to, statutory undertakers for the purpose of carrying on their undertaking includes a reference to a protected right conferred by, or in accordance with, the electronic communications code on the operator of an electronic communications code network.E+W

(2)The reference in paragraph 1(1)(b) to apparatus vested in, or belonging to, statutory undertakers for the purpose of carrying on their undertaking includes a reference to electronic communications apparatus kept installed for the purposes of any such network.

(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 [F751the Secretary of State for Science, Innovation and Technology].

Textual Amendments

Modifications etc. (not altering text)

C174Sch. 4 para. 15(2)(b) transfer of functions (13.4.2011) by Transfer of Functions (Media and Telecommunications etc.) Order 2011 (S.I. 2011/741), arts. 1(2), 3, Sch. 1 (with art. 5)

Commencement Information

I390Sch. 4 para. 8 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Part 2E+WPowers for undertakers to carry out works

Notices to carry out worksE+W

9(1)Sub-paragraph (2) applies if—E+W

(a)apparatus vested in, or belonging to, statutory undertakers is on, under or over land of the HCA, and

(b)the statutory undertakers claim that development to be carried out on the land will require, on technical or other grounds connected with carrying on their undertaking, the removal or re-siting of the apparatus affected by the development.

(2)The statutory undertakers may serve on the HCA a notice claiming the right to—

(a)enter on the land, and

(b)carry out such works for the removal or re-siting of the apparatus or any part of it as may be specified in the notice.

(3)No notice may be served under sub-paragraph (2) more than 21 days after the beginning of the development on the land.

Commencement Information

I391Sch. 4 para. 9 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Counter-noticesE+W

10(1)Sub-paragraph (2) applies if statutory undertakers serve a notice under paragraph 9 on the HCA.E+W

(2)The HCA 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 statutory undertakers.

(3)The counter-notice is a notice stating that the HCA objects to all or any provisions of the notice under paragraph 9.

(4)The counter-notice must also specify the grounds of the HCA's objection.

Modifications etc. (not altering text)

C175Sch. 4 para. 10 functions made exercisable concurrently (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 5(1)(j)(2)(3)

C176Sch. 4 para. 10 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(j) (with art. 18(3)(b))

Commencement Information

I392Sch. 4 para. 10 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Effect of unopposed noticeE+W

11(1)This paragraph applies if—E+W

(a)a notice is served under paragraph 9,

(b)no counter-notice is served under paragraph 10, and

(c)the period of 28 days beginning with the date of the service of the notice under paragraph 9 has ended.

(2)The statutory undertakers have the rights claimed in their notice under paragraph 9.

Commencement Information

I393Sch. 4 para. 11 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Opposed notices and Ministerial ordersE+W

12(1)This paragraph applies if—E+W

(a)a notice is served under paragraph 9, and

(b)a counter-notice is served under paragraph 10.

(2)The statutory undertakers may—

(a)withdraw the notice served under paragraph 9, 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 by order confer on the statutory undertakers—

(a)the rights claimed in the notice under paragraph 9, or

(b)such modified rights as the Secretary of State and the appropriate Minister consider it appropriate to confer on the statutory undertakers.

(4)The fact that a notice has been withdrawn under sub-paragraph (2)(a) does not prejudice the service of a further notice.

Commencement Information

I394Sch. 4 para. 12 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Power to arrange for the works to be done by the HCAE+W

13(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.E+W

(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.

Commencement Information

I395Sch. 4 para. 13 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

CompensationE+W

14(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.E+W

(2)Sections 280 and 282 of the Town and Country Planning Act 1990 (c. 8) (measure of compensation to statutory undertakers) apply to compensation under this paragraph as they apply to compensation under section 279(4) of that Act.

Commencement Information

I396Sch. 4 para. 14 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Electronic communicationsE+W

15(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.E+W

(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 [F752the Secretary of State for Science, Innovation and Technology].

Textual Amendments

Modifications etc. (not altering text)

C174Sch. 4 para. 15(2)(b) transfer of functions (13.4.2011) by Transfer of Functions (Media and Telecommunications etc.) Order 2011 (S.I. 2011/741), arts. 1(2), 3, Sch. 1 (with art. 5)

Commencement Information

I397Sch. 4 para. 15 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Part 3E+WExtension or modification of functions of undertakers

Ministerial order following representations by statutory undertakersE+W

16(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.E+W

(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,

in relation to relevant land, or

(b)to facilitate an adjustment of the carrying on of the undertaking necessitated by any of the acts and events mentioned in sub-paragraph (4).

(4)The acts and events are—

(a)the acquisition by the HCA under this Part of this Act of any land—

(i)in which an interest was held for the purpose of carrying on the undertaking concerned, or

(ii)which was used for that purpose, and

(b)the extinguishment of a right, or the imposition of any requirement, by virtue of Part 1 of this Schedule.

(5)In this Part of this Schedule “relevant land” means land in respect of which any of the functions of the HCA under this Part of this Act are being, or have been, exercised.

Commencement Information

I398Sch. 4 para. 16 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Ministerial order following representations by the HCAE+W

17(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.E+W

(2)Condition 1 is that the HCA has 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 to secure—

(a)the provision of new services in relation to relevant land, or

(b)the extension of existing services in relation to such land.

Commencement Information

I399Sch. 4 para. 17 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Examples of contents of ordersE+W

18(1)An order under paragraph 16 or 17 may, in particular—E+W

(a)give power to statutory undertakers—

(i)to acquire (whether compulsorily or by agreement) any land specified in the order, or

(ii)to erect or construct any buildings or works specified in the order,

(b)apply, in relation to the acquisition of any such land or the erection or construction of any such buildings or works, enactments relating to the acquisition of land or the erection or construction of buildings or works.

(2)An order under paragraph 16 which is for the purposes mentioned in sub-paragraph (3)(a) of that paragraph or an order under paragraph 17 may, in particular, give effect to any financial arrangements—

(a)agreed between the HCA and the statutory undertakers, or

(b)in the absence of agreement, decided to be equitable in such manner, and by such tribunal, as may be specified in the order.

Commencement Information

I400Sch. 4 para. 18 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Notification of proposal to make orderE+W

19(1)Statutory undertakers must, as soon as possible after making representations of the kind mentioned in paragraph 16(2), publish a notice—E+W

(a)giving such particulars as the Secretary of State and the appropriate Minister may direct of the matters to which the representations relate,

(b)specifying the time within which objections to the making of an order as a result of the representations may be made, and

(c)specifying the manner in which objections to the making of such an order may be made.

(2)The notice must be published in such form and manner as the Secretary of State and the appropriate Minister may direct.

(3)The statutory undertakers must also serve a copy of the notice on such persons, or descriptions of persons, as the Secretary of State and the appropriate Minister may direct if the Secretary of State and the appropriate Minister direct that a copy is to be served.

Commencement Information

I401Sch. 4 para. 19 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

20(1)The HCA must, as soon as possible after making representations of the kind mentioned in paragraph 17(2), publish a notice—E+W

(a)giving such particulars as the Secretary of State and the appropriate Minister may direct of the matters to which the representations relate,

(b)specifying the time within which objections to the making of an order as a result of the representations may be made, and

(c)specifying the manner in which objections to the making of such an order may be made.

(2)The notice must be published in such form and manner as the Secretary of State and the appropriate Minister may direct.

(3)The HCA must also serve a copy of the notice on such persons, or descriptions of persons, as the Secretary of State and the appropriate Minister may direct if the Secretary of State and the appropriate Minister direct that a copy is to be served.

Modifications etc. (not altering text)

C184Sch. 4 para. 20 functions made exercisable concurrently (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 5(1)(j)(2)(3)

C185Sch. 4 para. 20 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(j) (with art. 18(3)(b))

Commencement Information

I402Sch. 4 para. 20 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Duty to consider objectionsE+W

21(1)The Secretary of State and the appropriate Minister must proceed under paragraph 22 if—E+W

(a)an objection to the making of an order under paragraph 16 or 17 is properly made and not withdrawn, and

(b)the matter is not otherwise dealt with.

(2)For the purposes of sub-paragraph (1) an objection is properly made if (and only if)—

(a)it is made—

(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.

Commencement Information

I403Sch. 4 para. 21 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

22(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.E+W

(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.

Commencement Information

I404Sch. 4 para. 22 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Duty to give opportunity to appearE+W

23(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.E+W

(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.

Commencement Information

I405Sch. 4 para. 23 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Power to treat objection as irrelevantE+W

24E+WThe 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.

Commencement Information

I406Sch. 4 para. 24 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Power to curtail decision-making processE+W

25E+WThe 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.

Commencement Information

I407Sch. 4 para. 25 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Power to hold public local inquiryE+W

26(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.E+W

(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.

Commencement Information

I408Sch. 4 para. 26 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Special parliamentary procedure for ordersE+W

27E+WOrders under paragraph 16 or 17 are subject to special parliamentary procedure.

Commencement Information

I409Sch. 4 para. 27 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Part 4E+WRelieving undertakers of obligations

Orders to relieve obligationsE+W

28(1)The appropriate Minister may by order provide for statutory undertakers to be relieved (whether absolutely or so far as specified in the order) of the need to meet an obligation relating to the carrying on of their undertaking if conditions 1 and 2 are met.E+W

(2)Condition 1 is that the statutory undertakers have made representations on the subject to the appropriate Minister.

(3)Condition 2 is that the appropriate Minister is satisfied that meeting some or all of the obligation has been made impracticable by any of the acts and events mentioned in sub-paragraph (4).

(4)The acts and events are—

(a)the acquisition by the HCA under this Part of this Act of any land—

(i)in which an interest was held for the purpose of carrying on the undertaking concerned, or

(ii)which was used for that purpose, and

(b)the extinguishment of a right, or the imposition of any requirement, by virtue of Part 1 of this Schedule.

Commencement Information

I410Sch. 4 para. 28 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Notification of proposal to make orderE+W

29(1)Statutory undertakers must, as soon as possible after making representations of the kind mentioned in paragraph 28(2), proceed as directed by the appropriate Minister.E+W

(2)The appropriate Minister may direct the statutory undertakers to do either or both of the following—

(a)publish a notice—

(i)giving such particulars as the appropriate Minister may direct of the matters to which the representations relate,

(ii)specifying the time within which objections to the making of an order as a result of the representations may be made, and

(iii)specifying the manner in which objections to the making of such an order may be made, and

(b)serve a corresponding notice on such persons, or descriptions of persons, as the appropriate Minister may direct.

(3)Publication under sub-paragraph (2) must be in such form and manner as the appropriate Minister may direct.

Commencement Information

I411Sch. 4 para. 29 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Duty to consider objectionsE+W

30(1)The appropriate Minister must proceed under paragraph 31 if—E+W

(a)an objection to the making of an order is properly made and not withdrawn, and

(b)the matter is not otherwise dealt with.

(2)For the purposes of sub-paragraph (1) an objection is properly made if (and only if)—

(a)it is made—

(i)within the time, and

(ii)in the manner,

stated in the notice under paragraph 29(2), 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 appropriate Minister—

(a)decides, irrespective of the objection, not to make the order, or

(b)decides to make a modification which is agreed to by the objector as meeting the objection.

Commencement Information

I412Sch. 4 para. 30 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

31(1)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.E+W

(2)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.

Commencement Information

I413Sch. 4 para. 31 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Duty to give opportunity to appearE+W

32(1)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 appropriate Minister.E+W

(2)The appropriate Minister must give an opportunity of appearing and being heard on the same occasion to—

(a)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.

Commencement Information

I414Sch. 4 para. 32 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Power to treat objection as irrelevantE+W

33E+WThe 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.

Commencement Information

I415Sch. 4 para. 33 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Power to curtail decision-making processE+W

34E+WThe appropriate Minister may make a final decision without further investigation as to the matters to which the objection relates if—

(a)the appropriate Minister—

(i)has considered the grounds of the objection as set out in the original statement and in any further statement, and

(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 31(2) but is not submitted within the specified period.

Commencement Information

I416Sch. 4 para. 34 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Power to hold public local inquiryE+W

35(1)The appropriate Minister may cause a public local inquiry to be held in relation to an objection under this Part of this Schedule if the appropriate Minister considers that the matters to which the objection relates are such as to require investigation by such an inquiry before the appropriate Minister makes a final decision.E+W

(2)The power 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 decides to cause an inquiry to be held, effect has not been given to them.

Commencement Information

I417Sch. 4 para. 35 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Notification procedure after the making of an orderE+W

36(1)The appropriate Minister must, immediately after making an order under paragraph 28, proceed under sub-paragraphs (2) and (3).E+W

(2)The appropriate Minister must publish a notice stating—

(a)that the order has been made, and

(b)a place where a copy of it may be seen at any reasonable hour.

(3)The appropriate Minister must serve a copy of the notice on—

(a)any person who—

(i)duly made an objection to the order, and

(ii)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.

Commencement Information

I418Sch. 4 para. 36 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Operative date of ordersE+W

37E+WAn 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.

Commencement Information

I419Sch. 4 para. 37 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Special parliamentary procedure for ordersE+W

38(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.E+W

(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.

Commencement Information

I420Sch. 4 para. 38 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Legal challenges to ordersE+W

39(1)Sub-paragraph (2) applies if a person aggrieved by an order under paragraph 28 wishes to question its validity on the ground that—E+W

(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.

Commencement Information

I421Sch. 4 para. 39 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Part 5E+WSupplementary

Orders and directionsE+W

40(1)The power of—E+W

(a)the Secretary of State and the appropriate Minister,

(b)The Secretary of State and [F753the Secretary of State for Science, Innovation and Technology], 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.

Textual Amendments

Commencement Information

I422Sch. 4 para. 40 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

InterpretationE+W

41(1)In this Schedule—E+W

  • “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.

Commencement Information

I423Sch. 4 para. 41 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Section 50

SCHEDULE 5E+WAmendments of the New Towns Act 1981

1E+WThe New Towns Act 1981 (c. 64) is amended as follows.

Commencement Information

I424Sch. 5 para. 1 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

2E+WFor the heading to Part 2 substitute “Transfers from and dissolution of development corporations etc.”.

Commencement Information

I425Sch. 5 para. 2 in force at 1.4.2009 by S.I. 2009/803, art. 3(1)

3E+WFor the italic heading before section 35 substitute “ Functions of Welsh Ministers in relation to certain transferred property ”.

Commencement Information

I426Sch. 5 para. 3 in force at 1.4.2009 by S.I. 2009/803, art. 3(1)

4E+WOmit section 35 (establishment of Commission for the New Towns).

Commencement Information

I427Sch. 5 para. 4 in force at 1.4.2009 by S.I. 2009/803, art. 3(1)

5(1)Section 36 (functions of Commission) is amended as follows.E+W

(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 ”.

Commencement Information

I428Sch. 5 para. 5 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

6E+WOmit sections 37 (restrictions on functions of Commission) and 38 (local authorities and work for the Commission).

Commencement Information

I429Sch. 5 para. 6 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

7(1)Section 39 (power of development corporations to transfer undertakings) is amended as follows.E+W

(2)In subsection (1) for “Secretary of State” substitute “ appropriate national authority ”.

(3)In subsection (2) for “Secretary of State” substitute “ appropriate national authority ”.

(4)In subsection (2A) for “in relation to Wales” substitute “ in the case of a development corporation established by the Welsh Ministers ”.

(5)In subsection (3) for “Secretary of State” substitute “ appropriate national authority ”.

(6)In subsection (4)—

(a)at the beginning insert “In a case in which the appropriate national authority is the Secretary of State,”, and

(b)for “Secretary of State”, where it first appears, substitute “ appropriate national authority ”.

(7)In subsection (5)—

(a)for “Secretary of State” substitute “ appropriate national authority ”, and

(b)for “he” substitute “ the authority ”.

(8)For subsection (5A) substitute—

“(5A)No order shall be made under subsection (5) above—

(a)by the Secretary of State unless a draft of the order has been laid before, and approved by a resolution of, the House of Commons;

(b)by the Welsh Ministers unless a draft of the order has been laid before, and approved by a resolution of, the National Assembly for Wales.”

Commencement Information

I430Sch. 5 para. 7 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

8(1)Section 41 (transfer of property to Commission and dissolution of corporation) is amended as follows.E+W

(2)In the heading, omit “to Commission”.

(3)In subsection (1)—

(a)for “Secretary of State” substitute “ appropriate national authority ”,

(b)for “he” substitute “ the authority ”, and

(c)in paragraph (a), for “Commission” substitute “ relevant transferee ”.

(4)In subsection (1A) for “in relation to Wales” substitute “ in the case of a development corporation established by the Welsh Ministers ”.

(5)In subsection (2)—

(a)for “Commission” substitute “ relevant transferee ”, and

(b)in paragraph (b)—

(i)for “Secretary of State” substitute “ appropriate national authority ”, and

(ii)for “him” substitute “ the authority ”.

(6)In subsection (4) for “Secretary of State” substitute “ appropriate national authority ”.

(7)In subsection (5) for “Commission” substitute “ relevant transferee ”.

Commencement Information

I431Sch. 5 para. 8 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

9E+WAfter 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.”

Commencement Information

I432Sch. 5 para. 9 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

10(1)Section 58 (advances to development corporations and Commission) is amended as follows.E+W

(2)In the heading, omit “and Commission”.

(3)Omit subsections (5) and (6).

Commencement Information

I433Sch. 5 para. 10 in force at 1.4.2009 by S.I. 2009/803, art. 3(1)

11(1)Section 58A (grants to development corporations and Commission) is amended as follows.E+W

(2)In the heading, omit “and Commission”.

(3)Omit subsections (4) and (5).

Commencement Information

I434Sch. 5 para. 11 in force at 1.4.2009 by S.I. 2009/803, art. 3(1)

12(1)Section 59 (other borrowing powers of development corporations and Commission) is amended as follows.E+W

(2)In the heading, omit “and Commission”.

(3)In subsection (1)—

(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. ”

Commencement Information

I435Sch. 5 para. 12 in force at 1.4.2009 by S.I. 2009/803, art. 3(1)

13(1)Section 60 (limit on borrowing by development corporations and Commission) is amended as follows.E+W

(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).

Commencement Information

I436Sch. 5 para. 13 in force at 1.4.2009 by S.I. 2009/803, art. 3(1)

14(1)Section 61 (provisions supplemental to section 58) is amended as follows.E+W

(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)”.

Commencement Information

I437Sch. 5 para. 14 in force at 1.4.2009 by S.I. 2009/803, art. 3(1)

15(1)Section 62 (Treasury guarantees) is amended as follows.E+W

(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 ”.

Commencement Information

I438Sch. 5 para. 15 in force at 1.4.2009 by S.I. 2009/803, art. 3(1)

16E+WOmit section 62B (power to suspend loan obligations of development corporations and Commission).

Commencement Information

I439Sch. 5 para. 16 in force at 1.4.2009 by S.I. 2009/803, art. 3(1)

17(1)Section 63 (Secretary of State's general power) is amended as follows.E+W

(2)In subsection (1) omit “or the Commission”.

(3)In subsection (2) omit “or the Commission, as the case may be”.

Commencement Information

I440Sch. 5 para. 17 in force at 1.4.2009 by S.I. 2009/803, art. 3(1)

18(1)Section 65 (disposal of surplus funds) is amended as follows.E+W

(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 ”.

Commencement Information

I441Sch. 5 para. 18 in force at 1.4.2009 by S.I. 2009/803, art. 3(1)

19E+WIn 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”.

Commencement Information

I442Sch. 5 para. 19 in force at 1.4.2009 by S.I. 2009/803, art. 3(1)

20(1)Section 67 (accounts of Commission and development corporations) is amended as follows.E+W

(2)In the heading, omit “Commission and”.

(3)In subsection (1)—

(a)omit “The Commission and”,

(b)in paragraph (b), omit “respectively”, and

(c)omit the words from “being, in the Commission's case” in paragraph (b) to the end of the subsection.

(4)Omit subsection (1A).

(5)In subsection (2)—

(a)omit “of the Commission and”, and

(b)omit “or the Commission” wherever appearing.

(6)In subsection (3)—

(a)omit “the Commission or”, and

(b)in paragraph (a), for “they are” substitute “ it is ”.

Commencement Information

I443Sch. 5 para. 20 in force at 1.4.2009 by S.I. 2009/803, art. 3(1)

21(1)Section 68 (audit) is amended as follows.E+W

(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)—

(a)for “accounts of the Commission or” substitute “ accounts of ”,

(b)for “Commission or corporation, as the case may be,” substitute “ corporation ”, and

(c)for “them” substitute “ it ”.

Commencement Information

I444Sch. 5 para. 21 in force at 1.4.2009 by S.I. 2009/803, art. 3(1)

22(1)Section 69 (Secretary of State's accounts) is amended as follows.E+W

(2)In subsection (1)—

(a)omit paragraph (a) and the “and” following it, and

(b)omit the words from “and directions under” to the end.

(3)In subsection (2), omit paragraph (a) and the “and” following it.

Commencement Information

I445Sch. 5 para. 22 in force at 1.4.2009 by S.I. 2009/803, art. 3(1)

23(1)Section 70 (reports) is amended as follows.E+W

(2)Omit paragraph (a).

(3)Omit “of the Commission or”.

Commencement Information

I446Sch. 5 para. 23 in force at 1.4.2009 by S.I. 2009/803, art. 3(1)

24(1)Section 71 (information) is amended as follows.E+W

(2)In subsection (1)—

(a)for “the Commission and every development corporation shall respectively” substitute “ every development corporation shall ”, and

(b)for “their” substitute “ its ”.

(3)In subsection (2)—

(a)omit “the Commission and”, and

(b)in paragraph (a), for “Commission or corporation, as the case may be” substitute “ corporation ”.

Commencement Information

I447Sch. 5 para. 24 in force at 1.4.2009 by S.I. 2009/803, art. 3(1)

25E+WIn section 72(1)(a) (application and exclusion of certain enactments: section 12 of the Finance Act 1895 (c. 16)) omit “or from the Commission”.

Commencement Information

I448Sch. 5 para. 25 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

26E+WIn section 74(3) (local inquiries) for “sections 37, 40 and 41” substitute “ sections 40 and 41 ”.

Commencement Information

I449Sch. 5 para. 26 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

27E+WIn section 77(3) (regulations and orders to be made by statutory instrument) omit “and paragraph 7 of Schedule 9 to this Act”.

Commencement Information

I450Sch. 5 para. 27 in force at 1.4.2009 by S.I. 2009/803, art. 3(1)

28E+WIn section 80(1) (general interpretation provisions)—

(a)omit the definition of “the Commission”, and

(b)in the definition of “financial year”, omit “or the Commission”.

Commencement Information

I451Sch. 5 para. 28 in force at 1.4.2009 by S.I. 2009/803, art. 3(1)

29E+WIn section 82 (short title, extent and commencement)—

(a)in subsection (2)(c) for “1, 2 and 12” substitute “ 1 and 2 ”, and

(b)in subsection (3) omit “paragraph 12 of Schedule 11, and”.

Commencement Information

I452Sch. 5 para. 29 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

30E+WOmit Schedule 9 (additional provisions as to the Commission).

Commencement Information

I453Sch. 5 para. 30 in force at 1.4.2009 by S.I. 2009/803, art. 3(1)

31(1)Schedule 10 (additional provisions as to transfer to Commission of property of development corporation) is amended as follows.E+W

(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.”

(4)In paragraph 2—

(a)for “Secretary of State”, wherever appearing, substitute “ appropriate national authority ”, and

(b)for “Commission”, wherever appearing, substitute “ relevant transferee ”.

(5)In paragraph 3—

(a)in sub-paragraph (1) for “Commission” substitute “ relevant transferee ”,

(b)in sub-paragraph (3)(a) for “Commission” substitute “ relevant transferee ”, and

(c)in sub-paragraph (3)(c)—

(i)for “where the development” substitute “ where, in the case of a development corporation established by the Secretary of State, the ”, and

(ii)for “Commission” substitute “ Homes and Communities Agency ”.

(6)Omit paragraph 4.

(7)In paragraph 5—

(a)omit sub-paragraph (1), and

(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.”

Commencement Information

I454Sch. 5 para. 31 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

32(1)Schedule 11 (saving and transitional provisions) is amended as follows.E+W

(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.

Commencement Information

I455Sch. 5 para. 32 in force at 1.4.2009 by S.I. 2009/803, art. 3(1)

Sections 51(3) and 65(3)

SCHEDULE 6E+WTransfer schemes

Creation and apportionment of property, rights and liabilities etc.E+W

1E+WA 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.

Commencement Information

I456Sch. 6 para. 1 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

2(1)A scheme may provide for the transfer of property, rights or liabilities that would not otherwise be capable of being transferred or assigned.E+W

(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.

Commencement Information

I457Sch. 6 para. 2 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

3E+WA 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.

Commencement Information

I458Sch. 6 para. 3 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

Employment contractsE+W

4(1)This paragraph applies if rights and liabilities under a contract of employment are transferred by virtue of a scheme.E+W

(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.

Commencement Information

I459Sch. 6 para. 4 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

5(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.E+W

(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.

Commencement Information

I460Sch. 6 para. 5 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

6E+WIf (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.

Commencement Information

I461Sch. 6 para. 6 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

Civil servants treated as employed under a contract of employment etc.E+W

7(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.E+W

(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.

Commencement Information

I462Sch. 6 para. 7 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

CompensationE+W

8E+WA scheme may contain provision for the payment of compensation by the Secretary of State to any person whose interests are adversely affected by it.

Commencement Information

I463Sch. 6 para. 8 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

ContinuityE+W

9E+WA transfer by virtue of a scheme does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect.

Commencement Information

I464Sch. 6 para. 9 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

10E+WAnything which—

(a)is done by the transferor for the purposes of, or otherwise in connection with, anything transferred by virtue of a scheme, and

(b)is in effect immediately before the transfer date,

is to be treated as done by the transferee.

Commencement Information

I465Sch. 6 para. 10 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

11E+WThere may be continued by or in relation to the transferee anything (including legal proceedings)—

(a)which relates to anything transferred by virtue of a scheme, and

(b)which is in the process of being done by or in relation to the transferor immediately before the transfer date.

Commencement Information

I466Sch. 6 para. 11 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

12(1)This paragraph applies to any document—E+W

(a)which relates to anything transferred by virtue of a scheme, and

(b)which is in effect immediately before the transfer date.

(2)Any references in the document to the transferor are to be read as references to the transferee.

Commencement Information

I467Sch. 6 para. 12 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

Supplementary etc. provisionE+W

13E+WA scheme may include supplementary, incidental, transitional and consequential provision.

Commencement Information

I468Sch. 6 para. 13 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

Sections 51(5), 65(5)

SCHEDULE 7E+WTransfer schemes: tax

OverviewE+W

1E+WThis Schedule makes provision about the fiscal effect of transfers under schemes made under sections 51 and 65.

Commencement Information

I469Sch. 7 para. 1 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

Key conceptsE+W

2(1)In this Schedule—E+W

(a)“transfer scheme” means a scheme under section 51 or 65, and

(b)“transfer” means a transfer under a transfer scheme.

(2)In this Schedule “transfer between bodies” means a transfer—

(a)from the Urban Regeneration Agency, the Commission for the New Towns or the Housing Corporation, and

(b)to the HCA or the Regulator of Social Housing.

(3)In this Schedule “transfer to government” means a transfer to—

(a)a Minister of the Crown, or

(b)the Welsh Ministers.

Commencement Information

I470Sch. 7 para. 2 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

Other definitionsE+W

3(1)In this Schedule—E+W

(a)ICTA means the Income and Corporation Taxes Act 1988 (c. 1),

(b)TCGA means the Taxation of Chargeable Gains Act 1992 (c. 12),

(c)FA 1996 means the Finance Act 1996 (c. 8),

(d)FA 2002 means the Finance Act 2002 (c. 23), and

(e)HMRC means the Commissioners for Her Majesty's Revenue and Customs.

(2)In this Schedule a reference to a trade includes a reference to part of a trade.

Commencement Information

I471Sch. 7 para. 3 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

Corporation tax: continuity of tradeE+W

4(1)This paragraph applies if as the result of a transfer scheme—E+W

(a)a transferor ceases a trade, and

(b)a transferee commences it.

(2)In connection with the computation of profits and losses for the purpose of corporation tax in respect of periods wholly or partly after the commencement of the transfer scheme—

(a)the transferee shall be treated as having always carried on the trade, and

(b)the trade shall be considered separately from any other trade of the transferee (with any necessary apportionment being made).

Commencement Information

I472Sch. 7 para. 4 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

Corporation tax: capital allowancesE+W

5(1)This paragraph applies in respect of property transferred under a transfer scheme from—E+W

(a)the Urban Regeneration Agency, or

(b)the Commission for the New Towns.

(2)Where the property was used by the transferor, and is to be used by the transferee, in connection with a trade, section 343(2) of ICTA (company reconstructions: capital allowances) shall apply.

Commencement Information

I473Sch. 7 para. 5 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

6E+WThe following transfers shall be treated as giving rise to neither allowance nor charge for the purposes of capital allowances in respect of a trade (and allowances shall be calculated as if the transferee had always carried on the trade)—

(a)a transfer from the Housing Corporation, and

(b)a transfer to government.

Commencement Information

I474Sch. 7 para. 6 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

Corporation tax: capital gainsE+W

7(1)This paragraph applies in respect of property transferred under a transfer scheme from—E+W

(a)the Urban Regeneration Agency,

(b)the Commission for the New Towns, or

(c)the Housing Corporation.

(2)Section 17 of TCGA (disposals and acquisitions treated as at market value) shall not apply.

(3)For the purposes of TCGA the transfer (in relation to the transferor and the transferee) is to be taken as being a disposal for a consideration such that neither gain nor loss accrues.

Commencement Information

I475Sch. 7 para. 7 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

8E+WA transfer shall be disregarded for the purposes of section 30 of TCGA (value-shifting: tax-free benefits).

Commencement Information

I476Sch. 7 para. 8 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

F7549E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I477Sch. 7 para. 9 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

Corporation tax: intangible assetsE+W

10(1)This paragraph applies for the purposes of Schedule 29 to FA 2002 (intangible assets).E+W

(2)Expressions used in this paragraph have the same meaning as in that Schedule.

(3)A transfer between bodies of a chargeable intangible asset is a tax-neutral transfer.

(4)An intangible fixed asset which is an existing asset of the transferor at the time of a transfer between bodies is to be treated, on and after the transfer, as an existing asset of the transferee.

(5)A transfer to government of a chargeable intangible asset is to be treated as not involving a realisation of the asset by the transferor.

Commencement Information

I478Sch. 7 para. 10 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

Corporation tax: loan relationshipsE+W

11(1)If as a result of a transfer the transferee replaces the transferor as a party to a loan relationship, paragraph 12(2) of Schedule 9 to FA 1996 (transfer within group: continuity of treatment) shall apply (whether or not the transferor and transferee are bodies corporate).E+W

(2)Expressions used in this paragraph have the same meaning as in that Schedule.

Commencement Information

I479Sch. 7 para. 11 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

Stamp dutyE+W

12(1)Stamp duty shall not be chargeable on a transfer scheme.E+W

(2)Stamp duty shall not be chargeable on a document certified by HMRC as connected with a transfer scheme.

(3)A document which is not chargeable by virtue of this paragraph must be stamped in accordance with section 12 of the Stamp Act 1891 (c. 39) with a stamp denoting that it is not chargeable.

Commencement Information

I480Sch. 7 para. 12 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

Section 56

SCHEDULE 8E+WAmendments of enactments: Part 1

Public Records Act 1958 (c. 51)E+W

1E+WIn 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. ”

Commencement Information

I481Sch. 8 para. 1 in force at 8.9.2008 by S.I. 2008/2358, art. 2(2)

Land Compensation Act 1961 (c. 33)E+W

F7552E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Public Health Act 1961 (c. 64)E+W

3E+WIn 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 ”.

Commencement Information

I482Sch. 8 para. 3 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

Parliamentary Commissioner Act 1967 (c. 13)E+W

4E+WIn Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation)—

(a)insert, at the appropriate place, “ Homes and Communities Agency ”,

(b)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.”,

(c)omit the entries for the Commission for the New Towns and the Urban Regeneration Agency, and

(d)omit the Notes relating to the Commission for the New Towns and the Urban Regeneration Agency.

Commencement Information

I483Sch. 8 para. 4(c)(d) in force at 1.4.2009 by S.I. 2009/803, art. 3(2)(3)

I484Sch. 8 para. 4(a)(b) in force at 8.9.2008 by S.I. 2008/2358, art. 2(2)

Leasehold Reform Act 1967 (c. 88)E+W

5E+WThe Leasehold Reform Act 1967 is amended as follows.

Commencement Information

I485Sch. 8 para. 5 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

6E+WIn section 28(5)(b) (retention or resumption of land required for public purposes) for “Commission for the New Towns” substitute “ new towns residuary body ”.

Commencement Information

I486Sch. 8 para. 6 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

7(1)Section 29 (reservation of future right to develop) is amended as follows.E+W

(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 ”.

Commencement Information

I487Sch. 8 para. 7 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

8E+WIn 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 ”.

Commencement Information

I488Sch. 8 para. 8 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

9E+WIn 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.”

Commencement Information

I489Sch. 8 para. 9 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

10E+WIn 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);”.

Commencement Information

I490Sch. 8 para. 10 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

11(1)Schedule 4 (re-acquisition for development) is amended as follows.E+W

(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”.

Commencement Information

I491Sch. 8 para. 11 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

12E+WIn paragraph 2(2)(c) of Schedule 4A (exclusion of certain shared ownership leases) for “Commission for the New Towns” substitute “ new towns residuary body ”.

Commencement Information

I492Sch. 8 para. 12 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

National Loans Act 1968 (c. 13)E+W

13E+WIn 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”.

Commencement Information

I493Sch. 8 para. 13 in force at 1.4.2009 by S.I. 2009/803, art. 3(2)(3)

Local Government Act 1972 (c. 70)E+W

14E+WThe Local Government Act 1972 is amended as follows.

Commencement Information

I494Sch. 8 para. 14 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

15(1)Section 100J (application of Part 5A of the Act to new authorities, Common Council, etc.) is amended as follows.E+W

(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.”

Commencement Information

I495Sch. 8 para. 15 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

16E+WIn 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) ”.

Commencement Information

I496Sch. 8 para. 16 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

Land Compensation Act 1973 (c. 26)E+W

17(1)Section 39 of the Land Compensation Act 1973 (duty to rehouse residential occupiers) is amended as follows.E+W

(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) ”, and

(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.”

Commencement Information

I497Sch. 8 para. 17 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

Local Government Act 1974 (c. 7)E+W

18(1)The Local Government Act 1974 is amended as follows.E+W

(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 ”.

Commencement Information

I498Sch. 8 para. 18 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

House of Commons Disqualification Act 1975 (c. 24)E+W

19(1)Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) is amended as follows.E+W

(2)Insert at the appropriate place— “ The Homes and Communities Agency. ”

(3)Omit the entries relating to—

(a)the Commission for the New Towns, and

(b)the Urban Regeneration Agency.

Commencement Information

I499Sch. 8 para. 19(1)(2) in force at 8.9.2008 by S.I. 2008/2358, art. 2(2)

Northern Ireland Assembly Disqualification Act 1975 (c. 25)E+W

20(1)Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) is amended as follows.E+W

(2)Insert at the appropriate place— “ The Homes and Communities Agency. ”

(3)Omit the entry relating to the Urban Regeneration Agency.

Commencement Information

I501Sch. 8 para. 20(1)(2) in force at 8.9.2008 by S.I. 2008/2358, art. 2(2)

I502Sch. 8 para. 20(3) in force at 1.4.2009 by S.I. 2009/803, art. 3(2)(3)

Race Relations Act 1976 (c. 74)E+W

21(1)Schedule 1A to the Race Relations Act 1976 (bodies and other persons subject to general statutory duty) is amended as follows.E+W

(2)In Part 1, after paragraph 52, insert—

“52AThe Homes and Communities Agency.”

(3)In Part 2, omit the entry relating to English Partnerships.

Commencement Information

I503Sch. 8 para. 21(1)(2) in force at 8.9.2008 by S.I. 2008/2358, art. 2(2)

I504Sch. 8 para. 21(3) in force at 1.4.2009 by S.I. 2009/803, art. 3(2)(3)

Rent (Agriculture) Act 1976 (c. 80)E+W

22(1)Section 5 of the Rent (Agriculture) Act 1976 (no statutory tenancy where landlord's interest belongs to certain bodies) is amended as follows.E+W

(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.”

Commencement Information

I505Sch. 8 para. 22 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

Rent Act 1977 (c. 42)E+W

23(1)Section 14 of the Rent Act 1977 (landlord's interest belonging to local authority, etc.) is amended as follows.E+W

(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.”

Commencement Information

I506Sch. 8 para. 23 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

Protection from Eviction Act 1977 (c. 43)E+W

24(1)Section 3A of the Protection from Eviction Act 1977 (excluded tenancies and licences) is amended as follows.E+W

(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.”

Commencement Information

I507Sch. 8 para. 24 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

Local Government, Planning and Land Act 1980 (c. 65)E+W

25E+WThe Local Government, Planning and Land Act 1980 is amended as follows.

Commencement Information

I508Sch. 8 para. 25 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

26E+WIn section 4(4) (power to direct bodies to publish information) omit paragraph (b).

Commencement Information

I509Sch. 8 para. 26 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

27E+WIn 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).”

Commencement Information

I510Sch. 8 para. 27 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

28E+WIn section 99(4)(e) (directions to dispose of land: supplementary) omit “the Commission for the New Towns,”.

Commencement Information

I511Sch. 8 para. 28 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

29E+WIn 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) ”.

Commencement Information

I512Sch. 8 para. 29 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

30E+WIn 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) ”.

Commencement Information

I513Sch. 8 para. 30 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

31E+WIn Schedule 16 (bodies to whom Part 10 applies) omit paragraph 6.

Commencement Information

I514Sch. 8 para. 31 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

Highways Act 1980 (c. 66)E+W

32(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.E+W

(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.”

Commencement Information

I515Sch. 8 para. 32 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66)E+W

33(1)The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as follows.E+W

(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) ”.

Commencement Information

I516Sch. 8 para. 33 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)E+W

34(1)Paragraph 2 of Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 (street trading) is amended as follows.E+W

(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.”

Commencement Information

I517Sch. 8 para. 34 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

Housing Act 1985 (c. 68)E+W

35E+WIn 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). ”

Commencement Information

I518Sch. 8 para. 35 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

Landlord and Tenant Act 1985 (c. 70)E+W

36E+WIn 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;”.

Commencement Information

I519Sch. 8 para. 36 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

Landlord and Tenant Act 1987 (c. 31)E+W

37E+WThe Landlord and Tenant Act 1987 is amended as follows.

Commencement Information

I520Sch. 8 para. 37 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

38E+WIn section 21(3)(a) (tenant's right to apply to tribunal for appointment of manager)—

(a)after “by” insert “—

(i) ”, and

(b)after “resident landlord,” insert “or

(ii)the Welsh Ministers in their new towns residuary capacity,”.

Commencement Information

I521Sch. 8 para. 38 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

39E+WIn section 29(7)(a) (conditions for making acquisition orders)—

(a)after “by” insert “—

(i) ”, and

(b)after “resident landlord,” insert “or

(ii)the Welsh Ministers in their new towns residuary capacity,”.

Commencement Information

I522Sch. 8 para. 39 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

40E+WIn 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;”.

Commencement Information

I523Sch. 8 para. 40 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

41E+WIn 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.”

Commencement Information

I524Sch. 8 para. 41 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

Income and Corporation Taxes Act 1988 (c. 1)E+W

42E+WIn 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;”.

Commencement Information

I525Sch. 8 para. 42 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

Local Government Act 1988 (c. 9)E+W

43E+WIn 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. ”

Commencement Information

I526Sch. 8 para. 43 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

Housing Act 1988 (c. 50)E+W

44E+WThe Housing Act 1988 is amended as follows.

Commencement Information

I527Sch. 8 para. 44 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

45E+WIn the italic heading before section 50 omit “: functions of Relevant Authority”.

Commencement Information

I528Sch. 8 para. 45 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

46E+WOmit sections 50 (housing association grants) and 51 (revenue deficit grants).

Commencement Information

I529Sch. 8 para. 46 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

47(1)Section 52 (recovery etc. of grants) is amended as follows.E+W

(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.”

Commencement Information

I530Sch. 8 para. 47 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

48(1)Section 53 (determinations under Part 2) is amended as follows.E+W

(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 ”.

Commencement Information

I531Sch. 8 para. 48 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

49E+WIn section 54(2)(a) (tax relief grants) for “a registered social landlord” substitute “ a relevant housing association ”.

Commencement Information

I532Sch. 8 para. 49 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

50E+WIn section 59(1A) (interpretation of Part 2 etc.) for “50” substitute “ 52 ”.

Commencement Information

I533Sch. 8 para. 50 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

Local Government and Housing Act 1989 (c. 42)E+W

51E+WIn 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”.

Commencement Information

I534Sch. 8 para. 51 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

Town and Country Planning Act 1990 (c. 8)E+W

52(1)Section 8A of the Town and Country Planning Act 1990 (the Urban Regeneration Agency) is amended as follows.E+W

(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).

Commencement Information

I535Sch. 8 para. 52 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)E+W

53E+WIn 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 ”.

Commencement Information

I536Sch. 8 para. 53 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

Planning (Hazardous Substances) Act 1990 (c. 10)E+W

54E+WIn 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.”

Commencement Information

I537Sch. 8 para. 54 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

Water Industry Act 1991 (c. 56)E+W

55E+WThe Water Industry Act 1991 is amended as follows.

Commencement Information

I538Sch. 8 para. 55 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

56E+WIn 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 ”.

Commencement Information

I539Sch. 8 para. 56 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

57E+WIn 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;”, and

(b)in the definition of “relevant authority” in paragraph (b) for “Commission for the New Towns” substitute “ new towns residuary body ”.

Commencement Information

I540Sch. 8 para. 57 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

58E+WIn 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 ”.

Commencement Information

I541Sch. 8 para. 58 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

59E+WIn 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);”.

Commencement Information

I542Sch. 8 para. 59 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

Water Resources Act 1991 (c. 57)E+W

60(1)Section 72 of the Water Resources Act 1991 (interpretation of Chapter 2 of Part 2) is amended as follows.E+W

(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.”

Commencement Information

I543Sch. 8 para. 60 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

Social Security Administration Act 1992 (c. 5)E+W

61E+WIn section 191 (interpretation: general), in the definition of “new town corporation”, for paragraph (a) (but not the “and” following it) substitute—

“(a)in relation to England—

(i)a development corporation established under the New Towns Act 1981; or

(ii)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;

(ab)in relation to Wales—

(i)a development corporation established under the New Towns Act 1981; and

(ii)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 that Act;”.

Commencement Information

I544Sch. 8 para. 61 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

Taxation of Chargeable Gains Act 1992 (c. 12)E+W

62E+WIn 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 ”,

F756(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 ”.

Textual Amendments

Commencement Information

I545Sch. 8 para. 62 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)E+W

63(1)The Leasehold Reform, Housing and Urban Development Act 1993 is amended as follows.E+W

(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.

Commencement Information

I546Sch. 8 para. 63 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

I547Sch. 8 para. 63 in force at 1.4.2009 in so far as not already in force by S.I. 2009/803, art. 3(2)(3)

Finance Act 1996 (c. 8)E+W

64(1)Section 43A of the Finance Act 1996 (landfill tax in relation to contaminated land) is amended as follows.E+W

(2)In subsection (5) omit paragraph (e).

(3)In subsection (6) omit the definition of “English Partnerships”.

Commencement Information

I548Sch. 8 para. 64 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

Housing Act 1996 (c. 52)E+W

65(1)Section 28 of the Housing Act 1996 (grants under sections 50 to 54 of the Housing Act 1988) is amended as follows.E+W

(2)Omit subsections (1), (2) and (6).

(3)In the heading for “ss 50 to 54” substitute “ Part 2 ”.

Commencement Information

I549Sch. 8 para. 65 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

Regional Development Agencies Act 1998 (c. 45)E+W

F75766E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F757Sch. 8 paras. 66-71 repealed (1.7.2012 at 0.02 a.m.) by Public Bodies Act 2011 (c. 24), s. 38(3), Sch. 6 (with Note 1); S.I. 2012/1662, art. 2(2)(b)

F75767E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F757Sch. 8 paras. 66-71 repealed (1.7.2012 at 0.02 a.m.) by Public Bodies Act 2011 (c. 24), s. 38(3), Sch. 6 (with Note 1); S.I. 2012/1662, art. 2(2)(b)

F75768E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F757Sch. 8 paras. 66-71 repealed (1.7.2012 at 0.02 a.m.) by Public Bodies Act 2011 (c. 24), s. 38(3), Sch. 6 (with Note 1); S.I. 2012/1662, art. 2(2)(b)

F75769E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F757Sch. 8 paras. 66-71 repealed (1.7.2012 at 0.02 a.m.) by Public Bodies Act 2011 (c. 24), s. 38(3), Sch. 6 (with Note 1); S.I. 2012/1662, art. 2(2)(b)

F75770E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F757Sch. 8 paras. 66-71 repealed (1.7.2012 at 0.02 a.m.) by Public Bodies Act 2011 (c. 24), s. 38(3), Sch. 6 (with Note 1); S.I. 2012/1662, art. 2(2)(b)

F75771E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F757Sch. 8 paras. 66-71 repealed (1.7.2012 at 0.02 a.m.) by Public Bodies Act 2011 (c. 24), s. 38(3), Sch. 6 (with Note 1); S.I. 2012/1662, art. 2(2)(b)

Greater London Authority Act 1999 (c. 29)E+W

72E+WThe Greater London Authority Act 1999 is amended as follows.

Commencement Information

I550Sch. 8 para. 72 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

73(1)Section 333A (the London housing strategy) is amended as follows.E+W

F758(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F758(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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;”, and

(c)omit the words from “and the reference” to the end.

Textual Amendments

Commencement Information

I551Sch. 8 para. 73 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

74E+WIn section 333D (duty to have regard to the London housing strategy)—

F759(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 ”.

Textual Amendments

F759Sch. 8 para. 74(a) repealed (7.6.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 31; S.I. 2012/1463, art. 2(i)

Commencement Information

I552Sch. 8 para. 74 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

75(1)Section 408 (transfers of property, rights or liabilities) is amended as follows.E+W

(2)In subsection (3) omit paragraphs (h) and (i).

(3)Omit subsection (6).

Commencement Information

I553Sch. 8 para. 75 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

76E+WIn section 409 (transfer schemes) omit subsection (5).

Commencement Information

I554Sch. 8 para. 76 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

Freedom of Information Act 2000 (c. 36)E+W

77(1)Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities) is amended as follows.E+W

(2)Insert at the appropriate place— “ The Homes and Communities Agency. ”

(3)Omit the entries relating to—

(a)the Commission for the New Towns, and

(b)the Urban Regeneration Agency.

Commencement Information

I555Sch. 8 para. 77(1)(2) in force at 8.9.2008 by S.I. 2008/2358, art. 2(2)

I556Sch. 8 para. 77(3) in force at 1.4.2009 by S.I. 2009/803, art. 3(2)(3)

Finance Act 2003 (c. 14)E+W

78E+WThe Finance Act 2003 is amended as follows.

Commencement Information

I557Sch. 8 para. 78 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

79E+WIn 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),”.

Commencement Information

I558Sch. 8 para. 79 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

80(1)Schedule 9 (stamp duty land tax: right to buy, shared ownership leases etc.) is amended as follows.E+W

(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;”.

Commencement Information

I559Sch. 8 para. 80 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

Planning and Compulsory Purchase Act 2004 (c. 5)E+W

81E+WIn 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.”

Commencement Information

I560Sch. 8 para. 81 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

Finance Act 2004 (c. 12)E+W

82E+WIn section 59(1)(f) of the Finance Act 2004 (contractors) for “Commission for the New Towns” substitute “ Homes and Communities Agency ”.

Commencement Information

I561Sch. 8 para. 82 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

Local Government and Public Involvement in Health Act 2007 (c. 28)E+W

83E+WIn 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;”.

Commencement Information

I562Sch. 8 para. 83 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

Section 277

SCHEDULE 9E+WAmendments of enactments: Part 2

Public Records Act 1958 (c. 51)E+W

F7601E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Parliamentary Commissioner Act 1967 (c. 13)E+W

2(1)Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) is amended as follows.E+W

F761(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Omit the entry for the Housing Corporation.

Textual Amendments

F761Sch. 9 para. 2(2) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 26; S.I. 2012/628, art. 6(j) (with arts. 9 11 14 15 17)

Commencement Information

I563Sch. 9 para. 2(1)(2) in force at 8.9.2008 by S.I. 2008/2358, art. 3(2)

I564Sch. 9 para. 2(3) in force at 1.4.2009 by S.I. 2009/803, art. 8

House of Commons Disqualification Act 1975 (c. 24)E+W

3(1)Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) is amended as follows.E+W

F762(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Omit the entry for the Housing Corporation.

Textual Amendments

F762Sch. 9 para. 3(2) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 26; S.I. 2012/628, art. 6(j) (with arts. 9 11 14 15 17)

Commencement Information

I565Sch. 9 para. 3(1)(2) in force at 8.9.2008 by S.I. 2008/2358, art. 3(2)

I566Sch. 9 para. 3(3) in force at 1.4.2009 by S.I. 2009/803, art. 8

Race Relations Act 1976 (c. 74)E+W

4E+WIn 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”.

Commencement Information

I567Sch. 9 para. 4 in force at 1.12.2008 by S.I. 2008/3068, art. 3 (with arts. 6-13)

Interpretation Act 1978 (c. 30)E+W

5E+WIn 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).”

Commencement Information

I568Sch. 9 para. 5 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

Local Government, Planning and Land Act 1980 (c. 65)E+W

6E+WIn Schedule 16 to the Local Government, Planning and Land Act 1980 (bodies to whom Part X applies) for paragraph 9 substitute—

“9The Regulator of Social Housing.”

Commencement Information

I569Sch. 9 para. 6 in force at 1.12.2008 by S.I. 2008/3068, art. 3 (with arts. 6-13)

Inheritance Tax Act 1984 (c. 51)E+W

7E+WIn 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;”.

Commencement Information

I570Sch. 9 para. 7 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

Housing Associations Act 1985 (c. 69)E+W

8E+WThe Housing Associations Act 1985 is amended as follows.

Commencement Information

I571Sch. 9 para. 8 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

9(1)Section 9 (control by Corporation of disposals of land by housing associations) is amended as follows.E+W

(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”.

Commencement Information

I572Sch. 9 para. 9 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

10(1)Section 10 (dispositions excepted from section 9) is amended as follows.E+W

(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.

Commencement Information

I573Sch. 9 para. 10 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

Income and Corporation Taxes Act 1988 (c. 1)E+W

11E+WThe Income and Corporation Taxes Act 1988 is amended as follows.

Commencement Information

I574Sch. 9 para. 11 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

12E+WIn section 376(4) (qualifying borrowers and qualifying lenders) for paragraph (k) substitute—

“(k)the Regulator of Social Housing,”.

Commencement Information

I575Sch. 9 para. 12 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

13E+WIn 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”.

Commencement Information

I576Sch. 9 para. 13 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

14E+WIn section 489(5A) (self-build societies) for “Housing Corporation” substitute “Regulator of Social Housing”.

Commencement Information

I577Sch. 9 para. 14 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

15E+WIn 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”.

Commencement Information

I578Sch. 9 para. 15 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

Taxation of Chargeable Gains Act 1992 (c. 12)E+W

16E+WThe Taxation of Chargeable Gains Act 1992 is amended as follows.

Commencement Information

I579Sch. 9 para. 16 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

17(1)Section 218 (disposals of land between the Housing Corporation, Secretary of State or Scottish Homes and housing associations) is amended as follows.E+W

(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,”.

Commencement Information

I580Sch. 9 para. 17 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

18(1)Section 219 (disposals by Housing Corporation, the Secretary of State, Scottish Homes and certain housing associations) is amended as follows.E+W

(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”.

Commencement Information

I581Sch. 9 para. 18 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

19(1)Section 259 (gifts to housing associations) is amended as follows.E+W

(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.”

Commencement Information

I582Sch. 9 para. 19 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

Audit Commission Act 1998 (c. 18)E+W

F76320E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F763Sch. 9 paras. 20-27 repealed (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 1 Pt. 2; S.I. 2015/841, art. 3(a) (with arts. 5-8, Sch.) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

F76421E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F764Sch. 9 paras. 20-27 repealed (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 1 Pt. 2; S.I. 2015/841, art. 3(a) (with arts. 5-8, Sch.) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

F76522E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F765Sch. 9 paras. 20-27 repealed (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 1 Pt. 2; S.I. 2015/841, art. 3(a) (with arts. 5-8, Sch.) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

F76623E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F766Sch. 9 paras. 20-27 repealed (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 1 Pt. 2; S.I. 2015/841, art. 3(a) (with arts. 5-8, Sch.) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

F76724E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F767Sch. 9 paras. 20-27 repealed (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 1 Pt. 2; S.I. 2015/841, art. 3(a) (with arts. 5-8, Sch.) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

F76825E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F768Sch. 9 paras. 20-27 repealed (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 1 Pt. 2; S.I. 2015/841, art. 3(a) (with arts. 5-8, Sch.) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

F76926E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F769Sch. 9 paras. 20-27 repealed (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 1 Pt. 2; S.I. 2015/841, art. 3(a) (with arts. 5-8, Sch.) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

F77027E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F770Sch. 9 paras. 20-27 repealed (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 1 Pt. 2; S.I. 2015/841, art. 3(a) (with arts. 5-8, Sch.) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

Freedom of Information Act 2000 (c. 36)E+W

28(1)Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities) is amended as follows.E+W

F771(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Omit the entry for the Housing Corporation.

Textual Amendments

F771Sch. 9 para. 28(2) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 26; S.I. 2012/628, art. 6(j) (with arts. 9 11 14 15 17)

Commencement Information

I583Sch. 9 para. 28(1)(2) in force at 8.9.2008 by S.I. 2008/2358, art. 3(2)

I584Sch. 9 para. 28(3) in force at 1.4.2009 by S.I. 2009/803, art. 8

Finance Act 2003 (c. 14)E+W

29E+W The Finance Act 2003 is amended as follows.

Commencement Information

I585Sch. 9 para. 29 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

30(1)Section 71 (certain acquisitions by registered social landlord exempt from charge to stamp duty land tax) is amended as follows.E+W

(2)In subsections (1), (2) and (3) for “registered social landlord”, wherever appearing, substitute “ relevant housing provider ”.

(3)After subsection (1) insert—

“(1A)In this section “relevant housing provider” means—

(a)a non-profit registered provider of social housing, or

(b)a registered social landlord.”

Commencement Information

I586Sch. 9 para. 30 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

31(1)Paragraph 2 of Schedule 3 (stamp duty land tax: transactions exempt from charge) is amended as follows.E+W

(2)In sub-paragraphs (1) and (2) for “registered social landlord” and “landlord”, wherever appearing, substitute “ relevant housing provider ”.

(3)After sub-paragraph (2) insert—

“(2A)A “relevant housing provider” means—

(a)a non-profit registered provider of social housing, or

(b)a registered social landlord.”

Commencement Information

I587Sch. 9 para. 31 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

32(1)Schedule 9 (stamp duty land tax: right to buy, shared ownership leases etc.) is amended as follows.E+W

(2)In paragraph 1(3)—

(a)for “The Housing Corporation” substitute “ The Regulator of Social Housing ”, and

(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.” ”

Commencement Information

I588Sch. 9 para. 32 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

Finance Act 2004 (c. 12)E+W

33E+WIn section 59(1)(h) of the Finance Act 2004 (contractors) for “Housing Corporation” substitute “ Regulator of Social Housing ”.

Commencement Information

I589Sch. 9 para. 33 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

Income Tax Act 2007 (c. 3)E+W

F77234E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F772Sch. 9 para. 34 omitted (with effect in accordance with Sch. 3 para. 27 of the amending Act) by virtue of Finance Act 2011 (c. 11), Sch. 3 para. 16

Commencement Information

I590Sch. 9 para. 34 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

Prospective

Section 285(3)

SCHEDULE 10E+WPenalty charge notices

Contents of noticeE+W

1E+WA 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).

2E+WThe 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.E+W

(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 noticeE+W

4(1)Sub-paragraph (2) applies if, within the period specified under paragraph 1(c) (or that period as extended under paragraph 3(2)), the recipient of the penalty charge notice gives notice to the enforcement authority requesting a review.E+W

(2)The enforcement authority must—

(a)consider any representations made by the recipient and all other circumstances of the case,

(b)decide whether to confirm or withdraw the notice, and

(c)give notice of its decision to the recipient.

(3)A notice under sub-paragraph (2)(c) confirming the penalty charge notice must also state the effect of paragraph 6(1) to (4).

(4)The enforcement authority must withdraw the penalty charge notice if it is not satisfied of one (or more) of the following—

(a)that the recipient committed the breach of duty specified in the notice,

(b)that the notice was given within the time allowed by section 285(2) and complies with the other requirements imposed by virtue of this Schedule, or

(c)that, in the circumstances of the case, it was appropriate for a penalty charge notice to be given to the recipient.

5E+WThe enforcement authority may give the recipient of a penalty charge notice a notice withdrawing the penalty charge notice if the authority considers that the penalty charge notice ought not to have been given.

AppealsE+W

6(1)The recipient of a penalty charge notice may appeal to the county court against the notice if the notice is confirmed by the enforcement authority after a review.E+W

(2)The appeal must be made within the period of 28 days beginning with the day after that on which the notice under paragraph 4(2)(c) is given.

(3)The county court may extend the period for appealing against the notice.

(4)An appeal must be on one (or more) of the following grounds—

(a)that the recipient did not commit the breach of duty specified in the penalty charge notice,

(b)that the notice was not given within the time allowed by section 285(2) or does not comply with any other requirement imposed by virtue of this Schedule, or

(c)that in the circumstances of the case it was inappropriate for the notice to be given to the recipient.

(5)An appeal is to be by way of a rehearing.

(6)On an appeal the court is to uphold the notice or quash it.

Recovery of penalty chargeE+W

7(1)The amount of the penalty charge is recoverable from the recipient of the penalty charge notice as a debt owed to the enforcement authority unless—E+W

(a)the notice has been withdrawn or quashed, or

(b)the charge has been paid.

(2)Proceedings for the recovery of the penalty charge may not be started before the end of the period mentioned in paragraph 4(1).

(3)Sub-paragraph (4) applies if, within that period, the recipient of the penalty charge notice gives notice to the enforcement authority that the recipient wishes the authority to review the penalty charge notice.

(4)Proceedings for the recovery of the penalty charge may not be started—

(a)before the end of the period mentioned in paragraph 6(2), and

(b)where the recipient appeals against the penalty charge notice, before the end of the period of 28 days beginning with the day on which the appeal is withdrawn or determined.

8E+WIn 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.

RepaymentsE+W

9E+WThe 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.

SupplementaryE+W

10(1)A penalty charge notice and any other notice mentioned in this Schedule may be given by post.E+W

(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.E+W

(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.

Section 299

SCHEDULE 11E+WPossession orders relating to certain tenancies

Part 1 E+WAmendments to the Housing Acts of 1985, 1988 and 1996

Housing Act 1985 (c. 68)E+W

1E+WThe Housing Act 1985 is amended as follows.

Commencement Information

I591Sch. 11 para. 1 in force at 20.5.2009 by S.I. 2009/1261, arts. 2, 3

2(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.E+W

(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.”

Commencement Information

I592Sch. 11 para. 2 in force at 20.5.2009 by S.I. 2009/1261, arts. 2, 3

3(1)Section 85 (extended discretion of court in certain proceedings for possession) is amended as follows.E+W

(2)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.”

(4)Omit subsections (5) and (5A).

Commencement Information

I593Sch. 11 para. 3(1)(2)(4) in force at 20.5.2009 by S.I. 2009/1261, arts. 2, 3

4E+WIn Schedule 3 (grounds for withholding consent to assignment by way of exchange) for Ground 1 substitute—

“Ground 1E+W

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.”

Commencement Information

I594Sch. 11 para. 4 in force at 20.5.2009 by S.I. 2009/1261, arts. 2, 3

Housing Act 1988 (c. 50)E+W

5E+WThe Housing Act 1988 is amended as follows.

Commencement Information

I595Sch. 11 para. 5 in force at 20.5.2009 by S.I. 2009/1261, arts. 2, 3

6(1)Section 5 (security of tenure) is amended as follows.E+W

(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 ”.

Commencement Information

I596Sch. 11 para. 6 in force at 20.5.2009 by S.I. 2009/1261, arts. 2, 3

7E+WIn 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) ”.

Commencement Information

I597Sch. 11 para. 7 in force at 20.5.2009 by S.I. 2009/1261, arts. 2, 3

8(1)Section 9 (extended discretion of court in possession claims) is amended as follows.E+W

(2)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.”

(4)Omit subsections (5) and (5A).

Commencement Information

I598Sch. 11 para. 8(1)(2)(4) in force at 20.5.2009 by S.I. 2009/1261, arts. 2, 3

9(1)Section 21 (recovery of possession on expiry or termination of assured shorthold tenancies) is amended as follows.E+W

(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).”

Commencement Information

I599Sch. 11 para. 9 in force at 20.5.2009 by S.I. 2009/1261, arts. 2, 3

Housing Act 1996 (c. 52)E+W

10E+WThe Housing Act 1996 is amended as follows.

Commencement Information

I600Sch. 11 para. 10 in force at 20.5.2009 by S.I. 2009/1261, arts. 2, 3

11(1)Section 127 (introductory tenancies: proceedings for possession) is amended as follows.E+W

(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).

Commencement Information

I601Sch. 11 para. 11 in force at 20.5.2009 by S.I. 2009/1261, arts. 2, 3

12(1)Section 130 (introductory tenancies: effect of beginning proceedings for possession) is amended as follows.E+W

(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) ”.

Commencement Information

I602Sch. 11 para. 12 in force at 20.5.2009 by S.I. 2009/1261, arts. 2, 3

13(1)Section 143D (demoted tenancies: proceedings for possession) is amended as follows.E+W

(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).

Commencement Information

I603Sch. 11 para. 13 in force at 20.5.2009 by S.I. 2009/1261, arts. 2, 3

Transitional provisionsE+W

14(1)Subject as follows, this Part of this Schedule does not apply to any possession order made before the commencement date.E+W

(2)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.

(4)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.

(5)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.

Commencement Information

I604Sch. 11 para. 14(1)(2)(4)(5) in force at 20.5.2009 by S.I. 2009/1261, arts. 2, 3

Part 2 E+WReplacement of certain terminated tenancies

Modifications etc. (not altering text)

Circumstances in which replacement tenancies ariseE+W

15E+WIn 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.

Commencement Information

I605Sch. 11 para. 15 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 4(4) (with arts. 6-13)

I606Sch. 11 para. 15 in force at 20.5.2009 in so far as not already in force by S.I. 2009/1261, arts. 2, 3

16(1)A new tenancy of the dwelling-house which was let under the original tenancy is treated as arising on the commencement date between the ex-landlord and the ex-tenant if—E+W

(a)on that date—

(i)the home condition is met, and

(ii)the ex-landlord is entitled to let the dwelling-house, and

(b)the ex-landlord and the ex-tenant have not entered into another tenancy after the date on which the original tenancy ended but before the commencement date.

(2)The home condition is that the dwelling-house which was let under the original tenancy—

(a)is, on the commencement date, the only or principal home of the ex-tenant, and

(b)has been the only or principal home of the ex-tenant throughout the termination period.

(3)In this Part of this Schedule “the termination period” means the period—

(a)beginning with the end of the original tenancy, and

(b)ending with the commencement date.

(4)For the purposes of sub-paragraph (2)(a) the dwelling-house is the only or principal home of the ex-tenant on the commencement date even though the ex-tenant is then absent from the dwelling-house as a result of having been evicted in pursuance of a warrant if the warrant is subsequently set aside but the possession order under which it was granted remains in force.

(5)In that case, the new tenancy is treated as arising on the first day (if any) on which the ex-tenant resumes occupation of the dwelling-house as that person's only or principal home.

(6)For the purposes of sub-paragraph (2)(b) any period of time within the termination period is to be ignored if—

(a)it is a period in which the ex-tenant was absent from the dwelling-house as a result of having been evicted in pursuance of a warrant which was then set aside although the possession order under which it was granted remained in force, and

(b)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.

Commencement Information

I607Sch. 11 para. 16 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 4(4) (with arts. 6-13)

I608Sch. 11 para. 16 in force at 20.5.2009 in so far as not already in force by S.I. 2009/1261, arts. 2, 3

Nature of replacement tenanciesE+W

17E+WThe new tenancy is to be—

(a)a secure tenancy if—

(i)the original tenancy was a secure tenancy, or

(ii)the original tenancy was an introductory tenancy but no election by the ex-landlord under section 124 of the Housing Act 1996 (c. 52) is in force on the day on which the new tenancy arises,

(b)an assured shorthold tenancy if the original tenancy was an assured shorthold tenancy,

(c)an assured tenancy which is not an assured shorthold tenancy if the original tenancy was a tenancy of that kind,

(d)an introductory tenancy if the original tenancy was an introductory tenancy and an election by the ex-landlord under section 124 of the Housing Act 1996 is in force on the day on which the new tenancy arises,

(e)a demoted tenancy to which section 20B of the Housing Act 1988 (c. 50) applies if the original tenancy was a demoted tenancy of that kind, and

(f)a demoted tenancy to which section 143A of the Housing Act 1996 applies if the original tenancy was a demoted tenancy of that kind.

Commencement Information

I609Sch. 11 para. 17 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 4(4) (with arts. 6-13)

I610Sch. 11 para. 17 in force at 20.5.2009 in so far as not already in force by S.I. 2009/1261, arts. 2, 3

18(1)The new tenancy is, subject as follows, to have effect on the same terms and conditions as those applicable to the original tenancy immediately before it ended.E+W

(2)The terms and conditions of the new tenancy are to be treated as modified so as to reflect, so far as applicable, any changes made during the termination period to the level of payments for the ex-tenant's occupation of the dwelling-house or to the other terms and conditions of the occupation.

(3)The terms and conditions of the new tenancy are to be treated as modified so that any outstanding liabilities owed by the ex-tenant to the ex-landlord in respect of payments for the ex-tenant's occupation of the dwelling-house during the termination period are liabilities in respect of rent under the new tenancy.

(4)The appropriate national authority may by order provide for other modifications of the terms and conditions of the new tenancy.

(5)Nothing in sub-paragraphs (2) to (4) is to be read as permitting modifications of the new tenancy which would not have been possible if the original tenancy had remained a tenancy throughout the termination period.

(6)The terms and conditions of a new secure tenancy which arises by virtue of paragraph 17(a)(ii) are to be treated as modified so far as necessary to reflect the fact that the new tenancy is a secure tenancy and not an introductory tenancy.

Commencement Information

I611Sch. 11 para. 18 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 4(4) (with arts. 6-13)

I612Sch. 11 para. 18 in force at 20.5.2009 in so far as not already in force by S.I. 2009/1261, arts. 2, 3

19(1)Any provision which is made by or under an enactment and relates to a secure tenancy, assured tenancy, introductory tenancy or demoted tenancy applies, subject as follows, to a new tenancy of a corresponding kind.E+W

(2)Any such provision which relates to an introductory tenancy applies to a new tenancy which is an introductory tenancy as if the trial period mentioned in section 125(2) of the Housing Act 1996 (c. 52) were the period of one year beginning with the day on which the new tenancy arises.

(3)Any such provision which relates to a demoted tenancy applies to a new tenancy which is a demoted tenancy as if the demotion period mentioned in section 20B(2) of the Housing Act 1988 (c. 50) or section 143B(1) of the Housing Act 1996 were the period of one year beginning with the day on which the new tenancy arises.

(4)The appropriate national authority may by order modify any provision made by or under an enactment in its application to a new tenancy.

Commencement Information

I613Sch. 11 para. 19 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 4(4) (with arts. 6-13)

I614Sch. 11 para. 19 in force at 20.5.2009 in so far as not already in force by S.I. 2009/1261, arts. 2, 3

Status of possession order and other court ordersE+W

20(1)The possession order in pursuance of which the original tenancy ended is to be treated, so far as practicable, as if it applies to the new tenancy.E+W

(2)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,

are to be treated, so far as practicable, as if they apply to the new tenancy.

Commencement Information

I615Sch. 11 para. 20 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 4(4) (with arts. 6-13)

I616Sch. 11 para. 20 in force at 20.5.2009 in so far as not already in force by S.I. 2009/1261, arts. 2, 3

Continuity of tenanciesE+W

21(1)The new tenancy and the original tenancy are to be treated for the relevant purposes as—E+W

(a)the same tenancy, and

(b)a tenancy which continued uninterrupted throughout the termination period.

(2)The relevant purposes are—

(a)determining whether the ex-tenant is a successor in relation to the new tenancy,

(b)calculating on or after the commencement date the period qualifying, or the aggregate of such periods, under Schedule 4 to the Housing Act 1985 (c. 68) (qualifying period for right to buy and discount),

(c)determining on or after the commencement date whether the condition set out in paragraph (b) of Ground 8 of Schedule 2 to that Act is met, and

(d)any other purposes specified by the appropriate national authority by order.

(3)In proceedings on a relevant claim the court concerned may order that the new tenancy and the original tenancy are to be treated for the purposes of the claim as—

(a)the same tenancy, and

(b)a tenancy which continued uninterrupted throughout the termination period.

(4)The following are relevant claims—

(a)a claim by the ex-tenant or the ex-landlord against the other for breach of a term or condition of the original tenancy—

(i)in respect of which proceedings are brought on or after the commencement date, or

(ii)in respect of which proceedings were brought, but were not finally determined, before that date,

(b)a claim by the ex-tenant against the ex-landlord for breach of statutory duty in respect of which proceedings are or were brought as mentioned in paragraph (a)(i) or (ii), and

(c)any other claim of a description specified by the appropriate national authority by order.

(5)For the purposes of sub-paragraph (4)(a) proceedings must be treated as finally determined if—

(a)they are withdrawn,

(b)any appeal is abandoned, or

(c)the time for appealing has expired without an appeal being brought.

Commencement Information

I617Sch. 11 para. 21 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 4(4) (with arts. 6-13)

I618Sch. 11 para. 21 in force at 20.5.2009 in so far as not already in force by S.I. 2009/1261, arts. 2, 3

Compliance with consultation requirementsE+W

22(1)The fact that—E+W

(a)the views of the ex-tenant during the termination period were not sought or taken into account when they should have been sought or taken into account, or

(b)the views of the ex-tenant during that period were sought or taken into account when they should not have been sought or taken into account,

is not to be taken to mean that the consultation requirements were not complied with.

(2)The consultation requirements are—

(a)the requirements under—

(i)section 105(1) of the Housing Act 1985 (c. 68),

(ii)paragraphs 3 and 4 of Schedule 3A to that Act,

(iii)regulations made under section 27AB of that Act which relate to arranging for ballots or polls with respect to a proposal to enter into a management agreement, and

(iv)section 137(2) of the Housing Act 1996 (c. 52), and

(b)any other requirements specified by the appropriate national authority by order.

Commencement Information

I619Sch. 11 para. 22 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 4(4) (with arts. 6-13)

I620Sch. 11 para. 22 in force at 20.5.2009 in so far as not already in force by S.I. 2009/1261, arts. 2, 3

Joint tenanciesE+W

23(1)In the application of this Part of this Schedule in relation to an original tenancy which was a joint tenancy, a reference to the dwelling-house being the only or principal home of the ex-tenant is to be treated as a reference to the dwelling-house being the only or principal home of at least one of the ex-tenants of the joint tenancy.E+W

(2)The appropriate national authority may by order provide for this Part of this Schedule to apply in relation to an original tenancy which was a joint tenancy subject to such additional modifications as may be specified in the order.

Commencement Information

I621Sch. 11 para. 23 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 4(4) (with arts. 6-13)

I622Sch. 11 para. 23 in force at 20.5.2009 in so far as not already in force by S.I. 2009/1261, arts. 2, 3

Successor landlordsE+W

24(1)The appropriate national authority may by order provide for this Part of this Schedule to apply, subject to such modifications as may be specified in the order, to successor landlord cases.E+W

(2)For the purposes of sub-paragraph (1) a successor landlord case is a case, in relation to an original tenancy, where the interest of the ex-landlord in the dwelling-house—

(a)has been transferred to another person after the end of the original tenancy and before the commencement date, and

(b)on the commencement date, belongs to the person to whom it has been transferred or a subsequent transferee.

Commencement Information

I623Sch. 11 para. 24 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 4(4) (with arts. 6-13)

I624Sch. 11 para. 24 in force at 20.5.2009 in so far as not already in force by S.I. 2009/1261, arts. 2, 3

SupplementaryE+W

25E+WIn 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.

Commencement Information

I625Sch. 11 para. 25 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 4(4) (with arts. 6-13)

I626Sch. 11 para. 25 in force at 20.5.2009 in so far as not already in force by S.I. 2009/1261, arts. 2, 3

26(1)In this Part of this Schedule—E+W

  • “appropriate national authority” means—

    (a)

    in relation to a dwelling-house in England, the Secretary of State, and

    (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”—

    (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,

    (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,

    (c)

    in relation to an introductory tenancy, has the meaning given by section 139 of the Act of 1996, and

    (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”—

    (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,

    (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,

    (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

    (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.

Commencement Information

I627Sch. 11 para. 26 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 4(4) (with arts. 6-13)

I628Sch. 11 para. 26 in force at 20.5.2009 in so far as not already in force by S.I. 2009/1261, arts. 2, 3

Section 303

SCHEDULE 12E+WService charges: provision of information and designated accounts

Landlord and Tenant Act 1985 (c. 70)E+W

1E+WThe Landlord and Tenant Act 1985 is amended as follows.

Commencement Information

I629Sch. 12 para. 1 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 4(6) (with arts. 6-13)

2E+WFor 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.”

Commencement Information

I630Sch. 12 para. 2 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 4(6) (with arts. 6-13)

3(1)Section 21A (withholding of service charges) is amended as follows.E+W

(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.”

Commencement Information

I631Sch. 12 para. 3 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 4(6) (with arts. 6-13)

4(1)Section 22 (as substituted by section 154 of the Commonhold and Leasehold Reform Act 2002 (c. 15)) (inspection etc. of documents) is amended as follows.E+W

(2)In subsection (1)(a) for the words from “the matters” to “under” substitute “ information required to be provided to him by virtue of ”.

(3)In subsection (3) for “supplied with the statement of account under” substitute “ provided with the information concerned by virtue of ”.

(4)In subsection (4)—

(a)for “statement of account”, wherever it appears, substitute “ information ”,

(b)for “supplied”, wherever it appears, substitute “ provided ”, and

(c)in paragraph (b) for “21(4)” substitute “ 21 ”.

Commencement Information

I632Sch. 12 para. 4 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 4(6) (with arts. 6-13)

5E+WIn section 23(1) (as substituted by paragraph 1 of Schedule 10 to the Commonhold and Leasehold Reform Act 2002 (c. 15) (information held by superior landlord))—

(a)for “a statement of account which the landlord is required to supply under” substitute “ information which the landlord is required to provide by virtue of ”, and

(b)after “of the relevant information” insert “ which relates to those matters ”.

Commencement Information

I633Sch. 12 para. 5 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 4(6) (with arts. 6-13)

6E+WIn section 23A(4) (effect of change of landlord)—

(a)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.”

Commencement Information

I634Sch. 12 para. 6 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 4(6) (with arts. 6-13)

7E+WIn section 26(1) (exception: tenants of certain public authorities) for “statements of account” substitute “ service charge information, reports on such information ”.

Commencement Information

I635Sch. 12 para. 7 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 4(6) (with arts. 6-13)

8E+WIn section 27 (exception: rent registered and not entered as variable) for “statements of account” substitute “ service charge information, reports on such information ”.

Commencement Information

I636Sch. 12 para. 8 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 4(6) (with arts. 6-13)

9E+WOmit section 28 (meaning of “qualified accountant”).

Commencement Information

I637Sch. 12 para. 9 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 4(6) (with arts. 6-13)

10E+WIn section 39 (index of defined expressions) omit the entry in the Table for “qualified accountant”.

Commencement Information

I638Sch. 12 para. 10 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 4(6) (with arts. 6-13)

Landlord and Tenant Act 1987 (c. 31)E+W

11E+WThe Landlord and Tenant Act 1987 is amended as follows.

Commencement Information

I639Sch. 12 para. 11 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 4(7) (with arts. 6-13)

12(1)Section 42A (service charge contributions to be held in designated account) is amended as follows.E+W

(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,”, and

(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,”, and

(b)in the definition of “relevant financial institution” for “Secretary of State” substitute “ appropriate national authority ”.

Commencement Information

I640Sch. 12 para. 12 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 4(7) (with arts. 6-13)

13(1)Section 53 (regulations and orders) is amended as follows.E+W

(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.”

Commencement Information

I641Sch. 12 para. 13 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 4(7) (with arts. 6-13)

Prospective

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)E+W

14E+WThe Leasehold Reform, Housing and Urban Development Act 1993 is amended as follows.

15(1)Section 78 (management audits) is amended as follows.E+W

(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).”

16E+WIn 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 ”.

Section 305

SCHEDULE 13E+WDemolition notices

Final demolition noticesE+W

1E+WSchedule 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.E+W

(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.E+W

(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).”

4E+WAfter 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.”

5E+WIn paragraph 16(1) (notices under paragraphs 13 and 15) for “or 15” substitute “ , 15 or 15A ”.

Initial demolition noticesE+W

6E+WSchedule 5A to the Housing Act 1985 (c. 68) (initial demolition notices) is amended as follows.

7E+WIn paragraph 1(4)(b) (initial demolition notices: maximum specified period to carry out demolition) for “five” substitute “ seven ”.

8E+WIn paragraph 2(1) (period of validity of initial demolition notices) for “paragraph 3” substitute “ paragraphs 3 and 3A ”.

9E+WIn 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) ”.

10E+WAfter paragraph 3 insert—

“Transfer of initial demolition noticesE+W

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.E+W

(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 ”.

12E+WIn paragraph 5 (notices under Schedule 5A) for “or 15” substitute “ , 15 or 15A ”.

13E+WIn paragraph 6(1) (interpretation) after “Schedule” insert “ (other than paragraph 3A) ”.

Transitional provisionE+W

14E+WThis Schedule does not apply to notices served before the coming into force of the Schedule.

Section 311

SCHEDULE 14E+WDisposals of dwelling-houses by local authorities

Housing Act 1985 (c. 68) E+W

1(1)The Housing Act 1985 is amended as follows.E+W

(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;”, and

(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;”, and

(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.”, and

(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) ”.

Commencement Information

I642Sch. 14 para. 1 in force at 1.12.2008 by S.I. 2008/3068, art. 4(1)(c) (with arts. 6-13)

Housing Act 1988 (c. 50)E+W

2E+WIn 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) ”.

Commencement Information

I643Sch. 14 para. 2 in force at 1.12.2008 by S.I. 2008/3068, art. 4(1)(c) (with arts. 6-13)

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)E+W

3(1)The Leasehold Reform, Housing and Urban Development Act 1993 is amended as follows.E+W

(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.

Commencement Information

I644Sch. 14 para. 3 in force at 1.12.2008 by S.I. 2008/3068, art. 4(1)(c) (with arts. 6-13)

Housing Act 1996 (c. 52)E+W

4(1)The Housing Act 1996 is amended as follows.E+W

(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”.

Commencement Information

I645Sch. 14 para. 4 in force at 1.12.2008 by S.I. 2008/3068, art. 4(1)(c) (with arts. 6-13)

Section 314

SCHEDULE 15E+WIneligible persons from abroad: statutory disregards

Part 1 E+WEngland and Wales

Housing Act 1996 (c. 52)E+W

1E+WThe Housing Act 1996 is amended as follows.

Commencement Information

I646Sch. 15 para. 1 in force at 2.3.2009 for specified purposes by S.I. 2009/415, art. 2

2(1)Section 167 (allocation in accordance with allocation scheme) is amended as follows.E+W

(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).”

Commencement Information

I647Sch. 15 para. 2 in force at 2.3.2009 for specified purposes by S.I. 2009/415, art. 2

3(1)Section 184 (inquiry into cases of homelessness or threatened homelessness) is amended as follows.E+W

(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.”

Commencement Information

I648Sch. 15 para. 3 in force at 2.3.2009 for specified purposes by S.I. 2009/415, art. 2

4(1)Section 185 (persons from abroad not eligible for certain housing assistance) is amended as follows.E+W

(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.”

Commencement Information

I649Sch. 15 para. 4 in force at 2.3.2009 for specified purposes by S.I. 2009/415, art. 2

5(1)Section 193 (duty to persons with priority need who are not homeless intentionally) is amended as follows.E+W

(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;”.

Commencement Information

I650Sch. 15 para. 5 in force at 2.3.2009 for specified purposes by S.I. 2009/415, art. 2

6(1)Section 195 (duties in the case of threatened homelessness) is amended as follows.E+W

(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.”

Commencement Information

I651Sch. 15 para. 6 in force at 2.3.2009 for specified purposes by S.I. 2009/415, art. 2

7(1)Section 202 (right to request review of decision) is amended as follows.E+W

(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) ”.

Commencement Information

I652Sch. 15 para. 7 in force at 2.3.2009 for specified purposes by S.I. 2009/415, art. 2

8E+WIn section 218 (index of defined expressions: Part 7) insert in the Table at the appropriate place—

“restricted personsection 184(7)”.

Commencement Information

I653Sch. 15 para. 8 in force at 2.3.2009 for specified purposes by S.I. 2009/415, art. 2

Part 2 E+WScotland and Northern Ireland

Housing (Scotland) Act 1987 (c. 26)E+W

9E+WThe Housing (Scotland) Act 1987 is amended as follows.

Commencement Information

I654Sch. 15 para. 9 in force at 2.3.2009 for specified purposes by S.I. 2009/415, art. 3

10(1)Section 20 (persons having priority on housing list and allocation of housing) is amended as follows.E+W

(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) ”.

Commencement Information

I655Sch. 15 para. 10 in force at 2.3.2009 for specified purposes by S.I. 2009/415, art. 3

11(1)Section 30 (notification of decision and reasons) is amended as follows.E+W

(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.”

Commencement Information

I656Sch. 15 para. 11 in force at 2.3.2009 for specified purposes by S.I. 2009/415, art. 3

12(1)Section 31 (duties to persons found to be homeless) is amended as follows.E+W

(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 ”.

Commencement Information

I657Sch. 15 para. 12 in force at 2.3.2009 for specified purposes by S.I. 2009/415, art. 3

13(1)Section 32 (duties to persons found to be threatened with homelessness) is amended as follows.E+W

(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.”

Commencement Information

I658Sch. 15 para. 13 in force at 2.3.2009 for specified purposes by S.I. 2009/415, art. 3

14(1)Section 34 (duties to persons whose applications are referred) is amended as follows.E+W

(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).

Commencement Information

I659Sch. 15 para. 14 in force at 2.3.2009 for specified purposes by S.I. 2009/415, art. 3

15E+WIn 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).”

Commencement Information

I660Sch. 15 para. 15 in force at 2.3.2009 for specified purposes by S.I. 2009/415, art. 3

16E+WIn 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;”.

Commencement Information

I661Sch. 15 para. 16 in force at 2.3.2009 for specified purposes by S.I. 2009/415, art. 3

Housing (Northern Ireland) Order 1988 (S.I. 1988/1990 (N.I. 23))E+W

17E+WPart 2 of the Housing (Northern Ireland) Order 1988 is amended as follows.

Commencement Information

I662Sch. 15 para. 17 in force at 2.3.2009 for specified purposes by S.I. 2009/415, art. 3

18(1)Article 7A (persons not eligible for housing assistance) is amended as follows.E+W

(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.”

Commencement Information

I663Sch. 15 para. 18 in force at 2.3.2009 for specified purposes by S.I. 2009/415, art. 3

19(1)Article 9 (notification of decision and reasons) is amended as follows.E+W

(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.”

Commencement Information

I664Sch. 15 para. 19 in force at 2.3.2009 for specified purposes by S.I. 2009/415, art. 3

20(1)Article 10 (duties to persons found to be homeless) is amended as follows.E+W

(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.”

Commencement Information

I665Sch. 15 para. 20 in force at 2.3.2009 for specified purposes by S.I. 2009/415, art. 3

21(1)Article 11 (duties to persons found to be threatened with homelessness) is amended as follows.E+W

(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.”

Commencement Information

I666Sch. 15 para. 21 in force at 2.3.2009 for specified purposes by S.I. 2009/415, art. 3

Immigration and Asylum Act 1999 (c. 33)E+W

22(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.E+W

(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.”

Commencement Information

I667Sch. 15 para. 22 in force at 2.3.2009 for specified purposes by S.I. 2009/415, art. 3

Part 3 E+WConsequential amendments

Criminal Justice and Immigration Act 2008 (c. 4)E+W

23E+WThe Criminal Justice and Immigration Act 2008 is amended as follows.

Commencement Information

I668Sch. 15 para. 23 in force at 2.3.2009 by S.I. 2009/415, art. 4(a)

24E+WOmit section 134(6) (support for designated persons: eligibility for certain housing assistance).

Commencement Information

I669Sch. 15 para. 24 in force at 2.3.2009 by S.I. 2009/415, art. 4(a)

25E+WOmit section 135(7) (power to amend or repeal section 134(6)).

Commencement Information

I670Sch. 15 para. 25 in force at 2.3.2009 by S.I. 2009/415, art. 4(a)

Section 321(1)

SCHEDULE 16E+WRepeals and revocations

Commencement Information

I671Sch. 16 partly in force; Sch. 16 in force for specified purposes at 22.9.2008 see s. 325(2)(b)

I672Sch. 16 in force at 22.9.2008 for specified purposes by S.I. 2008/2358, art. 4(b)

I673Sch. 16 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 5, Sch. (with arts. 6-13)

I674Sch. 16 in force at 2.3.2009 for specified purposes by S.I. 2009/415, art. 4(b)

I675Sch. 16 in force at 1.4.2009 for specified purposes by S.I. 2009/803, art. 10

I676Sch. 16 in force at 20.5.2009 for specified purposes by S.I. 2009/1261, art. 4

I677Sch. 16 in force at 7.9.2009 for specified purposes for E. by S.I. 2009/2096, art. 2(2)(c) (with art. 3(1)(2))

I678Sch. 16 in force at 1.4.2010 for specified purposes by S.I. 2010/862, art. 3 (with Sch.)

I679Sch. 16 in force at 30.4.2011 for specified purposes for E. by S.I. 2011/1002, art. 2 (with arts. 3-7, Sch.)

I680Sch. 16 in force at 10.7.2013 for specified purposes for W. by S.I. 2013/1469, art. 2(1)(b) (with arts. 3-7)

TitleExtent 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).

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