Section 43
Schedule 5Minor and consequential amendments
Part 1Housing and Regeneration Act 2008
1The Housing and Regeneration Act 2008 is amended as set out in paragraphs 2 to 46.
2In section 60 (structural overview) omit subsection (4).
3In section 74A (leaving the social housing stock: private providers), in subsection (1), in both places, omit “of social housing”.
4In section 79 (English bodies), omit subsections (2) to (5).
5In section 92K (fundamental objectives), in subsections (2)(a) and (3)(d), omit “of social housing”.
6In section 96 (evidence), in paragraph (d), for “an ombudsman appointed by virtue of section 124” substitute “a housing ombudsman”.
7In section 112 (eligibility for voluntary registration)—
(a)for subsection (1) substitute—
“(1)A body is eligible for registration if—
(a)it is an English body, and
(b)it satisfies the following conditions.”;
(b)omit subsection (5).
8Omit section 113.
9In section 114 (registration of local authorities)—
(a)omit subsection (1);
(b)in subsection (2), after “require” insert “or permit”;
(c)in subsection (3)—
(i)at the end of paragraph (a) insert “and”;
(ii)in paragraph (b), omit “and”;
(iii)omit paragraph (c);
(d)in subsection (5)—
(i)omit paragraph (a);
(ii)in paragraph (b), omit “(1) or”.
10In section 114A (local authorities: duty to notify), in subsection (1) omit “in England”.
11In section 122 (payments to members etc), in subsection (6), for “registered company or registered society” substitute “registered provider”.
12In section 135 (charity accounts), in subsection (1), omit “non-profit”.
13In section 153 (moratorium: process for proposals)—
(a)in subsection (2)(a) omit “and its officers”;
(b)in subsection (6)(a) omit “and its officers”.
14Before section 169A (but after the heading before that section) insert—
“169ZAApplication of rules about notification of constitutional changes
This group of sections does not apply to local authorities.”
15In section 169D (directions about notifications)—
(a)for “169C”, in both places, substitute “169CD”;
(b)in subsection (1)(a), omit “private”.
16In section 192 (overview of Chapter 6)—
(a)in paragraph (a), for “to 198B” substitute “to 198”;
(b)in paragraph (b), for “to 210” substitute “to 210A”;
(c)in paragraph (d) omit “about the submission of information and opinions relating to registered providers and”.
17In section 193 (standards relating to consumer matters)—
(a)in subsection (1), after “extent” insert “, safety, energy efficiency”;
(b)in subsection (2)(f), for “and informing tenants” substitute “tenants and providing them with information in connection with such consultation”;
(c)in subsection (2), after paragraph (h) insert—
“(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),”;
(d)omit subsection (3).
18In section 194 (standards relating to economic matters), omit subsection (3).
19In section 197 (direction by Secretary of State), in subsection (2)(a), after “quality” insert “, safety or energy efficiency”.
20In section 198 (supplemental provisions about standards), after subsection (5) insert—
“(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.”
21In section 203(3) (inspector’s powers), for “107(3) to (7)” substitute “107(2A) to (4) and (5) to (7)”.
22In section 208(4) (inquirer’s powers), for “107(3) to (7)” substitute “107(2A) to (4) and (5) to (7)”.
23In section 215 (guidance about use of intervention powers) omit—
(a)subsection (1)(a) (including the final “and”);
(b)subsection (2);
(c)subsection (2A).
24In section 216 (consultation), in paragraph (b), at the end insert “of social housing”.
25In section 217 (accreditation)—
(a)in subsection (4)(b), after “193” insert “or 194A”;
(b)in subsection (6), after “193” insert “or 194A”.
26In section 218 (exercise of enforcement powers)—
(a)in subsection (1), for “Subsection (2)” substitute “This section”;
(b)in subsection (2), after paragraph (d) insert—
“(e)whether the failure or other problem is serious or trivial.”;
(c)omit subsections (3) and (4).
27In section 220 (grounds for giving enforcement notice)—
(a)in subsection (2) omit “applicable to it”;
(b)in subsection (11), for “an ombudsman appointed by virtue of section 124” substitute “a housing ombudsman”;
(c)omit subsection (11A).
28In section 227 (grounds for imposition of a penalty), omit subsection (7A).
29In section 237 (grounds for award of compensation), omit subsection (4).
30In section 239 (housing ombudsman compensation), in subsection (1), for “an ombudsman appointed by virtue of section 124” substitute “a housing ombudsman”.
31In section 242 (warning before giving compensation notice), in subsection (2), for “person appointed by virtue of section 124 as the ombudsman” substitute “housing ombudsman”.
32In section 247 (grounds for requiring management tender), in subsection (1)—
(a)in paragraph (a), omit “applicable to it”;
(b)omit paragraph (aa) (including the final “or”).
33In section 251 (grounds for appointing manager), in subsection (1), omit paragraph (aa) (including the final “or”).
34In section 256 (restrictions on dealings during an inquiry), in subsection (2), for “has reasonable grounds for believing” substitute “is satisfied”.
35In section 258 (restrictions on dealings: supplemental), in subsection (3), omit the words from “not” to the end.
36In the heading immediately before section 259, omit “non-profit”.
37In section 259 (suspension during inquiry), in subsection (2), for “has reasonable grounds for believing” substitute “is satisfied”.
38In section 264 (offence of acting as an officer while disqualified), in subsection (2)(a), omit “not exceeding the statutory maximum”.
39In section 269 (appointment of new officers), in subsection (1)(c), for “thinks” substitute “is satisfied”.
40In section 269A (local authorities: censure during or following inquiry), in subsection (2), for “has reasonable grounds for believing” substitute “is satisfied”.
41Omit section 274 (definition of charities that have “received public assistance”).
42In section 275 (general), for the definition of “local authority” substitute—
““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;”.
43In section 276 (index of defined terms)—
(a) after the entry for “The HCA” insert—
“health and safety lead | section 126A(2) |
health and safety requirement | section 126B(2)”; |
(b)after the entry relating to “penalty notice” insert—
(c)omit the entry relating to “received public assistance (charities)”.
44After section 276A (inserted by section 35) insert—
“276BData protection
(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).”
45In section 278A (power to nominate bodies for consultation purposes), in subsection (1), omit paragraph (b).
46In section 320 (orders and regulations), in subsection (7)(a), for “, 122 and 229” substitute “and 122”.
Part 2Other Acts
47In Schedule 17 to the Localism Act 2011 (regulation of social housing) omit—
(a)paragraph 6;
(b)paragraph 15(4);
(c)paragraph 17.
48Omit section 30 of the Welfare Reform and Work Act 2016.
49(1)Section 2 of the Leasehold Reform (Ground Rent) Act 2022 (excepted leases) is amended as follows.
(2)In subsection (7)(a) omit “within the meaning of section 79 of the Housing and Regeneration Act 2008”.
(3)After subsection (7) insert—
“(7A)A “community land trust” means a body corporate which satisfies the conditions in subsection (7B); and in those conditions “local community” means the individuals who live or work, or want to live or work, in a particular area.
(7B)The conditions are—
(a)that the body is established for the express purpose of furthering the social, economic and environmental interests of a local community by acquiring and managing land and other assets in order—
(i)to provide a benefit to the local community, and
(ii)to ensure that the assets are not sold or developed except in a manner which the trust’s members think benefits the local community, and
(b)that the body is established under arrangements which are expressly designed to ensure that—
(i)any profits from its activities will be used to benefit the local community (otherwise than by being paid directly to members);
(ii)individuals who live or work in the particular area have the opportunity to become members of the trust (whether or not others can also become members), and
(iii)the members of the trust control it.”