Session 2015-16
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Other Bills before Parliament


 
 

Notices of Amendments: 17 December 2015                  

8

 

Housing and Planning Bill, continued

 
 

      (2)  

After subsection (1) insert—

 

“(1ZA)    

Subsection (1) does not apply to a disposal of land by a private

 

registered provider of social housing.”

 

      (3)  

In subsection (1A)—

 

(a)    

omit paragraph (a);

 

(b)    

in paragraph (b), for “any other” substitute “a”.

 

      (4)  

In subsection (7), omit “section 148 or 172 of the Housing and Regeneration

 

Act 2008,”.

 

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

 

6          

In Schedule 10 to the Leasehold Reform, Housing and Urban Development

 

Act 1993 (acquisition of Interests from Local Authorities etc), in paragraph

 

1(2)(b), for “sections 148 and 172” substitute “section 148”.

 

Housing and Regeneration Act 2008

 

7          

The Housing and Regeneration Act 2008 is amended as follows.

 

8          

In section 60 (structural overview), in subsection (4), in the final column of the

 

entry relating to Chapter 5 of Part 2 of the Act—

 

(a)    

for paragraph (b) (Regulator’s consent) substitute—

 

“(b)    

Notification of regulator”;

 

(b)    

omit paragraphs (c), (d) and (g).

 

9          

After section 74 insert—

 

“74A  

Leaving the social housing stock: transfer by private providers

 

(1)    

A dwelling ceases to be social housing if a private registered provider

 

of social housing owns the freehold or a leasehold interest and

 

transfers it to a person who is not a registered provider of social

 

housing.

 

(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.”

 

10  (1)  

Section 75 (leaving the social housing stock) is amended as follows.

 

      (2)  

Omit subsection (1).

 

      (3)  

In subsections (2) and (3), for “”Subsections 1 and (1A) do” substitute

 

“Subsection (1A) does”.

 

      (4)  

In the heading, after “stock:” insert “local authority”.

 

11         

In section 119 (de-registration: voluntary), in subsection (5), omit paragraph

 

(a) and the “and” at the end of that paragraph.

 

12         

In section 149 (moratorium: exempted disposals)—

 

(a)    

omit subsection (6);

 

(b)    

in subsection (7), for “6” substitute “5”;


 
 

Notices of Amendments: 17 December 2015                  

9

 

Housing and Planning Bill, continued

 
 

(c)    

in subsection (8), for “7” substitute “6”.

 

13         

In section 171 (power to dispose), in subsection (3), omit “(which include

 

provisions requiring the regulator’s consent for certain disposals)”.

 

14         

For the italic heading above section 172 substitute—

 

“Notification of regulator”.

 

15         

Omit sections 172 to 175 (disposal consents).

 

16         

For section 176 substitute—

 

“176  

Notification of disposal

 

(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.”

 

17         

Omit section 179 and the italic heading before it (application of provisions of

 

the Housing Act 1996 that have a connection with disposal consents.)

 

18         

In section 186 (former registered providers), for “to 175” substitute “and 176

 

(apart from section 176(2))”.

 

19         

Omit section 187 (change of use, etc).

 

20         

Omit section 190 (consent to disposals under other legislation).

 

21         

In section 278A (power to nominate for consultation purposes), for paragraph

 

(b) substitute—

 

“(b)    

section 176;”.


 
 

Notices of Amendments: 17 December 2015                  

10

 

Housing and Planning Bill, continued

 
 

Part 2

 

Restructuring and dissolution: removal of consent requirements etc

 

22         

The Housing and Regeneration Act 2008 is amended as follows.

 

23         

In section 115 (profit-making and non-profit organisations), in subsection (9),

 

after “non-profit organisation” insert “or vice versa”.

 

24         

For section 160 substitute—

 

“160  

Company: arrangements and reconstructions

 

(1)    

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

 

registered company.

 

(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.”

 

25         

For section 161 substitute—

 

“161  

Company: conversion into registered society

 

(1)    

This section applies to a non-profit 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.

 

(4)    

The regulator must decide whether the new body is eligible for

 

registration under section 112.

 

(5)    

If the new body is eligible for registration, the regulator must register

 

it and designate it as a non-profit organisation.

 

(6)    

If the new body is not eligible for registration, the regulator must

 

notify it of that fact.

 

(7)    

Pending registration, or notification that it is not eligible for

 

registration, the new body is to be treated as if it were registered and

 

designated as a non-profit organisation.


 
 

Notices of Amendments: 17 December 2015                  

11

 

Housing and Planning Bill, continued

 
 

26         

For section 163 substitute—

 

“163  

Registered society: restructuring

 

(1)    

This section applies to a non-profit 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).

 

(5)    

The regulator must decide whether the body created or to whom

 

engagements are transferred (“the new body”) is eligible for

 

registration under section 112.

 

(6)    

If the new body is eligible for registration, the regulator must register

 

it and designate it as a non-profit organisation.

 

(7)    

If the new body is not eligible for registration, the regulator must

 

notify it of that fact.

 

(8)    

Pending registration, or notification that it is not eligible for

 

registration, the new body is to be treated as if it were registered and

 

designated as a non-profit organisation.”

 

27         

In section 165 (registered society: dissolution), for subsection (2) substitute—

 

“(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.”

 

28         

Omit section 166 (winding up petition by regulator).

 

29         

After section 169 insert—

 

“Notification of constitutional changes

 

169A  

 Registered societies: change of rules

 

A non-profit registered provider that is a registered society must notify

 

the regulator of any change to the society’s rules.

 

169B  

Charity: change of objects

 

The trustees of a registered charity that is a non-profit registered

 

provider must notify the regulator of any amendment to the charity’s

 

objects.


 
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Revised 18 December 2015