Session 2015-16
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Wednesday 16 December 2015

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: 4-73, NC2-NC38 and NS1-NS5

 

Consideration of Bill (Report Stage)


 

Housing and Planning Bill, As Amended


 

Note

 

This document includes amendments tabled to date and includes any withdrawn

 

amendments at the end. The amendments have been arranged in the order in which

 

they relate to the Bill. This Paper will be re-published tomorrow with the

 

Amendments arranged in accordance with the Housing and Planning Bill:

 

Programme (No. 2) Motion to be proposed by Secretary Greg Clark.

 


 

New Clauses

 

Secretary Greg Clark

 

NC6

 

Parliamentary Star    

To move the following Clause—

 

         

“Reducing social housing regulation

 

Schedule (Reducing social housing regulation) contains amendments to reduce

 

the regulation of social housing.”

 

Member’s explanatory statement

 

This new Clause and NS1 make various amendments to reduce the regulation of social housing.

 



 
 

Notices of Amendments: 16 December 2015                  

2

 

Housing and Planning Bill, continued

 
 

Secretary Greg Clark

 

NC7

 

Parliamentary Star    

To move the following Clause—

 

         

“Recovery of social housing assistance: successors in title

 

(1)    

Section 33 of the Housing and Regeneration Act 2008 (recovery of social housing

 

assistance: interest and successors in title) is amended as follows.

 

(2)    

In subsection (6)(b), after “another person” insert “(“the successor”)”.

 

(3)    

After subsection (6) insert—

 

“(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.””

 

(4)    

In subsection (7) for “that other person” substitute “the successor”.”

 

Member’s explanatory statement

 

Where the Homes and Community Agency gives financial assistance on condition that the recipient

 

provides social housing, there are currently circumstances in which the financial assistance can

 

be recovered from a successor in title to the recipient. The amendment limits the ability to recover

 

from a successor in title in certain circumstances, for example where a mortgagee has taken steps

 

to recover possession.

 


 

Secretary Greg Clark

 

NC8

 

Parliamentary Star    

To move the following Clause—

 

         

“Housing administration order: providers of social housing in England

 

(1)    

In this Chapter “housing administration order” means an order which—

 

(a)    

is made by the court in relation to a private registered provider of social

 

housing that is—

 

(i)    

a company,

 

(ii)    

a registered society within the meaning of the Co-operative and

 

Community Benefit Societies Act 2014, or

 

(iii)    

a charitable incorporated organisation within the meaning of Part

 

11 of the Charities Act 2011, and

 

(b)    

directs that, while the order is in force, the provider’s affairs, business

 

and property are to be managed by a person appointed by the court.

 

(2)    

The person appointed for the purposes of the housing administration order is

 

referred to in this Chapter as the “housing administrator”.

 

(3)    

The housing administrator must—

 

(a)    

manage the provider’s affairs, business and property so as to achieve the

 

objective set out in section (Objective of housing administration), and

 

(b)    

carry out all other functions so as to achieve that objective.


 
 

Notices of Amendments: 16 December 2015                  

3

 

Housing and Planning Bill, continued

 
 

(4)    

In relation to a housing administration order applying to a registered provider that

 

is a foreign company, references in this section to the provider’s affairs, business

 

and property are references to its UK affairs, business and property.”

 

Member’s explanatory statement

 

This is the first of a number new clauses designed to introduce a special administration regime for

 

private registered providers of social housing that have become insolvent. There are also

 

restrictions on other insolvency procedures. The intention is for these new clauses to form a new

 

Chapter in Part 4 of the Bill. References in the amendments to “this Chapter” or to “Chapter 3A”

 

are to the new Chapter.

 


 

Secretary Greg Clark

 

NC9

 

Parliamentary Star    

To move the following Clause—

 

         

“Objective of housing administration

 

(1)    

The objective of a housing administration is to ensure that—

 

(a)    

that the registered provider’s social housing remains in the regulated

 

housing sector, and

 

(b)    

that it becomes unnecessary, by one or more of the following means, for

 

the housing administration order to remain in force for that purpose.

 

(2)    

Those means are—

 

(a)    

the rescue as a going concern of the registered provider, and

 

(b)    

relevant transfers of some or all of the registered provider’s undertaking.

 

(3)    

A transfer is a “relevant” transfer if it is a transfer as a going concern to another

 

private registered provider, or to two or more different providers, of so much of

 

the undertaking as it is appropriate to transfer for the purpose of achieving the

 

objective of the housing administration.

 

(4)    

The means by which relevant transfers may be effected in the case where the

 

registered provider subject to the order is a company include, in particular—

 

(a)    

a transfer of the undertaking of the registered provider subject to the

 

order, or of a part of its undertaking, to a wholly-owned subsidiary of that

 

provider, and

 

(b)    

a transfer to a registered provider of securities of a wholly-owned

 

subsidiary to which there has been a transfer within paragraph (a).

 

(5)    

In subsection (4) “wholly-owned subsidiary” has the meaning given by section

 

1159 of the Companies Act 2006.

 

(6)    

The objective of a housing administration may be achieved by relevant transfers

 

to the extent only that—

 

(a)    

the rescue as a going concern of the registered provider is not reasonably

 

practicable or is not reasonably practicable without the transfers,

 

(b)    

the rescue of the registered provider as a going concern would not

 

achieve the objective of the housing administration or would not do so

 

without the transfers,

 

(c)    

the transfers would produce a result for the registered provider’s creditors

 

as a whole that is better than the result that would be produced without

 

them, or

 

(d)    

the transfers would, without prejudicing the interests of the registered

 

provider’s creditors as a whole, produce a result for the registered


 
 

Notices of Amendments: 16 December 2015                  

4

 

Housing and Planning Bill, continued

 
 

provider’s members as a whole that is better than the result that would be

 

produced without them.

 

(7)    

In the case of a charitable incorporated organisation, the reference in subsection

 

(6)(d) to the registered provider’s members is to be read as a reference to the

 

charitable incorporated organisation.

 

(8)    

For the purposes of subsection (1)(a) social housing remains in the regulated

 

housing sector for so long as it is owned by a private registered provider.”

 

Member’s explanatory statement

 

See Member’s explanatory statement for NC8.

 


 

Secretary Greg Clark

 

NC10

 

Parliamentary Star    

To move the following Clause—

 

         

“Applications for housing administration orders

 

(1)    

An application for a housing administration order may be made only—

 

(a)    

by the Secretary of State, or

 

(b)    

with the consent of the Secretary of State, by the Regulator of Social

 

Housing.

 

(2)    

The applicant for a housing administration order in relation to a registered

 

provider must give notice of the application to—

 

(a)    

every person who has appointed an administrative receiver of the

 

provider,

 

(b)    

every person who is or may be entitled to appoint an administrative

 

receiver of the registered provider,

 

(c)    

every person who is or may be entitled to make an appointment in

 

relation to the registered provider under paragraph 14 of Schedule B1 to

 

the Insolvency Act 1986 (appointment of administrators by holders of

 

floating charges), and

 

(d)    

any other persons specified by housing administration rules.

 

(3)    

The notice must be given as soon as possible after the making of the application.

 

(4)    

In this section “administrative receiver” means—

 

(a)    

an administrative receiver within the meaning given by section 251 of the

 

Insolvency Act 1986 for the purposes of Parts 1 to 7 of that Act, or

 

(b)    

in relation to a foreign company, a person whose functions are equivalent

 

to those of an administrative receiver and relate only to its UK affairs,

 

business and property.”

 

Member’s explanatory statement

 

See Member’s explanatory statement for NC8.

 



 
 

Notices of Amendments: 16 December 2015                  

5

 

Housing and Planning Bill, continued

 
 

Secretary Greg Clark

 

NC11

 

Parliamentary Star    

To move the following Clause—

 

         

“Powers of court

 

(1)    

On hearing an application for a housing administration order, the court has the

 

following powers—

 

(a)    

it may make the order,

 

(b)    

it may dismiss the application,

 

(c)    

it may adjourn the hearing conditionally or unconditionally,

 

(d)    

it may make an interim order,

 

(e)    

it may treat the application as a winding-up petition and make any order

 

the court could make under section 125 of the Insolvency Act 1986

 

(power of court on hearing winding-up petition), and

 

(f)    

it may make any other order which it thinks appropriate.

 

(2)    

The court may make a housing administration order in relation to a registered

 

provider only if it is satisfied—

 

(a)    

that the registered provider is unable, or is likely to be unable, to pay its

 

debts, or

 

(b)    

that, on a petition by the Secretary of State under section 124A of the

 

Insolvency Act 1986, it would be just and equitable (disregarding the

 

objective of the housing administration) to wind up the registered

 

provider in the public interest.

 

(3)    

The court may not make a housing administration order on the ground set out in

 

subsection (2)(b) unless the Secretary of State has certified to the court that the

 

case is one in which the Secretary of State considers (disregarding the objective

 

of the housing administration) that it would be appropriate to petition under

 

section 124A of the Insolvency Act 1986.

 

(4)    

The court has no power to make a housing administration order in relation to a

 

registered provider which—

 

(a)    

is in administration under Schedule B1 to the Insolvency Act 1986, or

 

(b)    

has gone into liquidation (within the meaning of section 247(2) of the

 

Insolvency Act 1986).

 

(5)    

A housing administration order comes into force—

 

(a)    

at the time appointed by the court, or

 

(b)    

if no time is appointed by the court, when the order is made.

 

(6)    

An interim order under subsection (1)(d) may, in particular—

 

(a)    

restrict the exercise of a power of the registered provider or of its relevant

 

officers, or

 

(b)    

make provision conferring a discretion on a person qualified to act as an

 

insolvency practitioner in relation to the registered provider.

 

(7)    

In subsection (6)(a) “relevant officer”—

 

(a)    

in relation to a company, means a director,

 

(b)    

in relation to a registered society, means a member of the management

 

committee or other directing body of the society, and

 

(c)    

in relation to a charitable incorporated organisation, means a charity

 

trustee (as defined by section 177 of the Charities Act 2011).

 

(8)    

In the case of a foreign company, subsection (6)(a) is to be read as a reference to

 

restricting the exercise of a power of the registered provider or of its directors—

 

(a)    

within the United Kingdom, or

 

(b)    

in relation to the company’s UK affairs, business or property.


 
 

Notices of Amendments: 16 December 2015                  

6

 

Housing and Planning Bill, continued

 
 

(9)    

For the purposes of this section a registered provider is unable to pay its debts if—

 

(a)    

it is deemed to be unable to pay its debts under section 123 of the

 

Insolvency Act 1986, or

 

(b)    

it is an unregistered company which is deemed, as a result of any of

 

sections 222 to 224 of the Insolvency Act 1986, to be so unable for the

 

purposes of section 221 of that Act, or which would be so deemed if it

 

were an unregistered company for the purposes of those sections.”

 

Member’s explanatory statement

 

See Member’s explanatory statement for NC8.

 


 

Secretary Greg Clark

 

NC12

 

Parliamentary Star    

To move the following Clause—

 

         

“Housing administrators

 

(1)    

The housing administrator of a registered provider—

 

(a)    

is an officer of the court, and

 

(b)    

in carrying out functions in relation to the registered provider, is the

 

registered provider’s agent.

 

(2)    

The management by the housing administrator of a registered provider of any of

 

its affairs, business or property must be carried out for the purpose of achieving

 

the objective of the housing administration as quickly and as efficiently as is

 

reasonably practicable.

 

(3)    

The housing administrator of a registered provider must carry out functions in the

 

way which, so far as it is consistent with the objective of the housing

 

administration to do so, best protects—

 

(a)    

the interests of the registered provider’s creditors as a whole, and

 

(b)    

subject to those interests, the interests of the registered provider’s

 

members as a whole.

 

(4)    

In the case of a charitable incorporated organisation, the reference in subsection

 

(3)(b) to the interests of members is to the interests of the charitable incorporated

 

organisation.

 

(5)    

A person is not to be the housing administrator of a registered provider unless

 

qualified to act as an insolvency practitioner in relation to the registered provider.

 

(6)    

If the court appoints two or more persons as the housing administrator of a

 

registered provider, the appointment must set out—

 

(a)    

which (if any) of the functions of a housing administrator are to be carried

 

out only by the appointees acting jointly,

 

(b)    

the circumstances (if any) in which functions of a housing administrator

 

are functions of one of the appointees, or by particular appointees, acting

 

alone, and

 

(c)    

the circumstances (if any) in which things done in relation to one of the

 

appointees, or in relation to particular appointees, are to be treated as

 

done in relation to all of them.”

 

Member’s explanatory statement

 

See Member’s explanatory statement for NC8.

 



 
 

Notices of Amendments: 16 December 2015                  

7

 

Housing and Planning Bill, continued

 
 

Secretary Greg Clark

 

NC13

 

Parliamentary Star    

To move the following Clause—

 

         

“Conduct of administration etc

 

(1)    

Schedule (Conduct of housing administration: companies) contains provision

 

applying the provisions of Schedule B1 to the Insolvency Act 1986, and certain

 

other legislation, to housing administration orders in relation to companies.

 

(2)    

The Secretary of State may by regulations provide for any provision of Schedule

 

B1 to the Insolvency Act 1986 or any other insolvency legislation to apply, with

 

or without modifications, to cases where a housing administration order is made

 

in relation to a registered society or a charitable incorporated organisation.

 

(3)    

The Secretary of State may by regulations modify any insolvency legislation as it

 

applies in relation to a registered society or a charitable incorporated organisation

 

if the Secretary State considers the modifications are appropriate in connection

 

with any provision made by or under this Chapter.

 

(4)    

In subsection (3) “insolvency legislation” means—

 

(a)    

the Insolvency Act 1986, or

 

(b)    

any other legislation (whenever passed or made) that relates to

 

insolvency or makes provision by reference to anything that is or may be

 

done under the Insolvency Act 1986.

 

(5)    

The power to make rules under section 411 of the Insolvency Act 1986 is to apply

 

for the purpose of giving effect to this Chapter as it applies for the purpose of

 

giving effect to Parts 1 to 7 of that Act (and, accordingly, as if references in that

 

section to those Parts included references to this Chapter).

 

(6)    

Section 413(2) of the Insolvency Act 1986 (duty to consult Insolvency Rules

 

Committee about rules) does not apply to rules made under section 411 of that

 

Act as a result of this section.”

 

Member’s explanatory statement

 

See Member’s explanatory statement for NC8.

 


 

Secretary Greg Clark

 

NC14

 

Parliamentary Star    

To move the following Clause—

 

         

“Winding-up orders

 

(1)    

This section applies if a person other than the Secretary of State petitions for the

 

winding-up of a registered provider that is—

 

(a)    

a company,

 

(b)    

a registered society within the meaning of the Co-operative and

 

Community Benefit Societies Act 2014, or

 

(c)    

a charitable incorporated organisation within the meaning of Part 11 of

 

the Charities Act 2011.

 

(2)    

The court may not exercise its powers on a winding-up petition unless—

 

(a)    

notice of the petition has been given to the Regulator of Social Housing,

 

and

 

(b)    

a period of at least 28 days has elapsed since that notice was given.

 

(3)    

If an application for a housing administration order in relation to the registered

 

provider is made to the court in accordance with section (Applications for housing


 
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