Page 30, line 10, leave out “high” and insert “higher”

Page 30, line 10, after “for” insert “different kinds of housing, different local

housing authorities or”

Page 30, line 11, at end insert—

“( )    

In determining how to define “higher value”, in relation to housing, the

Secretary of State may—

(a)    

use any category of housing that the Secretary of State considers

appropriate as a comparator (for example, housing in which a local

housing authority has an interest or housing in a particular area);

(b)    

take into account any other factors that the Secretary of State

considers appropriate.”

Clause 72

Page 31, line 32, leave out subsections (2) and (3) and insert—

“(2)    

The terms and conditions of an agreement must include—

(a)    

the amount of the reduction mentioned in subsection (1), and

(b)    

any terms and conditions required by subsection (3) or (4).

(3)    

Where the agreement is with a local housing authority outside Greater

London, it must include terms and conditions requiring the authority to

ensure that at least one new affordable home is provided for each old

dwelling.”

Page 31, line 37, leave out “require” and insert “include terms and conditions

requiring”

Page 31, line 41, after “responsible” insert “by terms and conditions”

Page 31, line 42, at end insert—

“( )    

If a local housing authority so wishes, and that authority can demonstrate,

whether by reference to its local housing plan or otherwise, that there is a

need in its area for social housing of the kind that it proposes to build, the

Secretary of State shall enter into an agreement with that authority

whereby it shall retain such part of the payment as may be required to fund

the provision of a new dwelling to be let as social housing on terms (as to

tenure, rent or otherwise) which are similar to those on which the old

dwelling was let.”

Page 32, line 1, after “subsection” insert “(3) or”

Page 32, line 18, leave out from beginning to the first “to” in line 19 and insert “in

the definition of “old dwelling” in subsection (7) the reference”

Clause 74

Page 32, line 34, leave out “high” and insert “higher”

Clause 75

Page 33, line 9, leave out “high” and insert “higher”

Page 33, line 15, leave out “high” and insert “higher”

Clause 77

Page 33, line 35, leave out “high value”” and insert “higher value”, in relation to

housing,”

Clause 78

Page 34, line 9, leave out “must” and insert “may”

Page 34, line 10, at end insert—

“( )    

The regulations must specify that the rent shall not equate to more than 10

pence for each pound of a tenant’s income above the minimum income

threshold.”

Page 34, line 17, at end insert—

“( )    

The regulations may create exceptions for high income tenants of social

housing of a specified description.”

Clause 79

Page 34, line 25, at end insert “which will not be below £50,000 a year per

household in London, or £40,000 per household outside London,”

Page 34, line 37, at end insert—

“( )    

make provision for the level of household income, for the purposes

of defining “high income”, to be increased every three years to

reflect any increase in the consumer price index.”

After Clause 90

Insert the following new Clause—

“Reducing local authority influence over private registered providers

(1)    

The Secretary of State may by regulations make provision for the purpose

of limiting or removing the ability of local authorities to exert influence

over private registered providers through—

(a)    

appointing or removing officers of private registered providers;

(b)    

exercising or controlling voting rights.

(2)    

The regulations may in particular—

(a)    

limit the number of officers that a local authority may appoint;

(b)    

prohibit a local authority from appointing officers;

(c)    

confer power on a private registered provider to remove officers

appointed by a local authority;

(d)    

prohibit a local authority from doing things that would result in it

obtaining voting rights in a private registered provider;

(e)    

require a local authority to take steps to reduce or get rid of any

voting rights that it has in a private registered provider.

(3)    

Regulations under this section may override or modify any contractual or

other rights (whenever created) or anything in a private registered

provider’s constitution.

(4)    

Regulations under this section may—

(a)    

confer a power to amend the constitution of a private registered

provider in consequence of provision made by the regulations;

(b)    

make provision about the procedure for exercising that power.

(5)    

In this section—

“appointing”, in relation to an officer, includes nominating or

otherwise influencing the selection of the officer;

“constitution” includes rules;

“local authority” has the meaning given by section 106 of the Housing

Associations Act 1985;

“officer”, in relation to a private registered provider, has the meaning

given by section 270 of the Housing and Regeneration Act 2008;

“private registered provider” means a private registered provider of

social housing.”

Clause 91

Page 39, line 23, after “administration” insert “(which, for this purpose, includes

housing administration under Chapter 5 of Part 4 of the Housing and Planning Act

2016)”

Clause 92

Page 40, line 5, leave out subsection (3)

Page 40, line 10, leave out “references in this section” and insert “the reference in

subsection (1)(b)”

Page 40, line 11, leave out “are references” and insert “is a reference”

Clause 93

Page 40, line 13, leave out subsections (1) to (8) and insert—

“(1)    

A housing administrator has two objectives—

(a)    

Objective 1: normal administration (see section (Objective 1: normal

administration)), and

(b)    

Objective 2: keeping social housing in the regulated sector (see

section (Objective 2: keeping social housing in the regulated sector)).

(2)    

Objective 1 takes priority over Objective 2 (but the housing administrator

must, so far as possible, work towards both objectives).

(3)    

It follows that, in pursuing Objective 2, the housing administrator must not

do anything that would result in a worse distribution to creditors than

would be the case if the administrator did not need to pursue Objective 2.

(4)    

A reference in this Chapter to the objectives of a housing administration is

to the objectives to be pursued by the housing administrator.”

After Clause 93

Insert the following new Clause—

“Objective 1: normal administration

(1)    

Objective 1 is to—

(a)    

rescue the registered provider as a going concern,

(b)    

achieve a better result for the registered provider’s creditors as a

whole than would be likely if the registered provider were wound

up (without first being in housing administration), or

(c)    

realise property in order to make a distribution to one or more

secured or preferential creditors.

(2)    

The housing administrator must aim to achieve Objective 1(a) unless the

housing administrator thinks—

(a)    

that it is not reasonably practicable to achieve it, or

(b)    

that Objective 1(b) would achieve a better result for the registered

provider’s creditors as a whole.

(3)    

The housing administrator may aim to achieve Objective 1(c) only if—

(a)    

the housing administrator thinks that it is not reasonably

practicable to achieve Objective 1(a) or (b), and

(b)    

the housing administrator does not unnecessarily harm the

interests of the registered provider’s creditors as a whole.

(4)    

In pursuing Objective 1(a), (b) or (c) the housing administrator must act in

the interests of the registered provider’s creditors as a whole so far as

consistent with that Objective.”

Insert the following new Clause—

“Objective 2: keeping social housing in the regulated sector

(1)    

Objective 2 is to ensure that the registered provider’s social housing

remains in the regulated housing sector.

(2)    

For this purpose, social housing remains in the regulated housing sector for

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

Clause 95

Page 42, line 7, leave out “objective” and insert “objectives”

Page 42, line 12, leave out “objective” and insert “objectives”

Clause 96

Page 43, line 6, leave out from beginning to “of” in line 8 and insert “The housing

administrator of a registered provider must aim to achieve the objectives”

Page 43, line 10, leave out subsections (3) and (4)

Page 43, line 27, leave out “functions of” and insert “to be carried out by”

After Clause 97

Insert the following new Clause—

“Housing administrator may sell land free from planning obligations

(1)    

If the housing administrator of a registered provider disposes of land that

is the subject of a planning obligation that contains relevant terms, the

relevant terms are not binding on the person to whom the land is disposed

of or any successor in title.

(2)    

In this section—

“disposes of”, in relation to land, means sells a freehold or leasehold

interest in the land or grants a lease of the land;

“planning obligation” means a planning obligation under section 106

of the Town and Country Planning Act 1990 (whether entered into

before or after this section comes into force);

“relevant terms” in relation to a planning obligation, means any

restrictions or requirements imposed by the planning obligation

that are expressed not to apply in the event that the land is disposed

of by a mortgagee.”

Clause 98

Page 44, line 21, leave out paragraphs (a) and (b) and insert—

“(a)    

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

Housing and a period of at least 28 days has elapsed since that

notice was given, or

(b)    

the Regulator of Social Housing has waived the notice requirement

in paragraph (a).”

Page 44, line 29, at end insert—

“( )    

The Regulator of Social Housing may waive the notice requirement under

subsection (2)(a) only with the consent of the Secretary of State.”

Clause 99

Page 45, line 4, leave out paragraphs (a) and (b) and insert—

“(a)    

notice of the application has been given to the Regulator of Social

Housing and a period of at least 28 days has elapsed since that

notice was given, or

(b)    

the Regulator of Social Housing has waived the notice requirement

in paragraph (a).”

Page 45, line 12, at end insert—

“( )    

The Regulator of Social Housing may waive the notice requirement under

subsection (4)(a) only with the consent of the Secretary of State.”

Clause 100

Page 45, line 20, leave out paragraph (b)

Page 46, line 32, leave out paragraphs (a) and (b) and insert—

“(a)    

either—

(i)    

notice of the application has been given to the Regulator of

Social Housing and a period of at least 28 days has elapsed

since that notice was given, or

(ii)    

the Regulator of Social Housing has waived the notice

requirement in sub-paragraph (i), and”

Page 45, line 44, at end insert—

“( )    

The Regulator of Social Housing may waive the notice requirement under

subsection (3)(a)(i) only with the consent of the Secretary of State.”

Clause 101

Page 46, line 8, leave out paragraph (b)

Page 46, line 23, leave out paragraphs (a) and (b) and insert—

“(a)    

either—

(i)    

that notice of the appointment has been given to the

Regulator of Social Housing, accompanied by a copy of

every document in relation to the appointment that is filed

or lodged with the court in accordance with paragraph 18 or

29 of Schedule B1 to the Insolvency Act 1986 and that a

period of 28 days has elapsed since that notice was given, or

(ii)    

that the Regulator of Social Housing has waived the notice

requirement in sub-paragraph (i),”

Page 46, line 36, at end insert—

“( )    

The Regulator of Social Housing may waive the notice requirement under

subsection (4)(a)(i) only with the consent of the Secretary of State.”

Clause 102

Page 47, line 5, leave out paragraphs (a) and (b) and insert—

“(a)    

notice of the intention to do so has been given to the Regulator of

Social Housing and a period of at least 28 days has elapsed since the

notice was given, or

(b)    

the Regulator of Social Housing has waived the notice requirement

in paragraph (a).”

Page 47, line 11, at end insert—

“( )    

The Regulator of Social Housing may waive the notice requirement under

subsection (2)(a) only with the consent of the Secretary of State.”