Localism Bill (HL Bill 71)

Ground 6

6 (1) This ground is that either of the following conditions is met.

(2) The first condition is that a relevant order or suspended Ground 2 or 14
possession order is in force in respect of a relevant tenant or a person
5residing with a relevant tenant.

(3) The second condition is that an application is pending before any court for a
relevant order, a demotion order or a Ground 2 or 14 possession order to be
made in respect of a relevant tenant or a person residing with a relevant
tenant.

(4) 10In this paragraph—

• a “relevant order” means—

  (a)

  an injunction under section 152 of the Housing Act 1996
  (injunctions against anti-social behaviour),

  (b)

  an injunction to which a power of arrest is attached by virtue
  15of section 153 of that Act (other injunctions against anti-social
  behaviour),

  (c)

  an injunction under section 153A, 153B or 153D of that Act
  (injunctions against anti-social behaviour on application of
  certain social landlords),

  (d)

  20an anti-social behaviour order under section 1 of the Crime
  and Disorder Act 1998, or

  (e)

  an injunction to which the power of arrest is attached by
  virtue of section 91 of the Anti-social Behaviour Act 2003;

• a “demotion order” means a demotion order under section 82A of the
  25Housing Act 1985 or section 6A of the Housing Act 1988;

• a “Ground 2 or 14 possession order” means an order for possession
  under Ground 2 in Schedule 2 to the Housing Act 1985 or Ground 14
  in Schedule 2 to the Housing Act 1988.

Ground 7

7 30This ground is that the accommodation afforded by the dwelling-house
proposed to be let on the new tenancy is substantially more extensive than
is reasonably required by the existing tenant or tenants to whom the tenancy
is proposed to be granted.

Ground 8

8 35This ground is that the extent of the accommodation afforded by the
dwelling-house proposed to be let on the new tenancy is not reasonably
suitable to the needs of—

(a) the existing tenant or tenants to whom the tenancy is proposed to be
granted, and

(b) 40the family of that tenant or those tenants.

Ground 9

9 (1) This ground is that the dwelling house proposed to be let on the new
tenancy meets both of the following conditions.

(2) The first condition is that the dwelling-house forms part of or is within the
curtilage of a building that, or so much of it as is held by the landlord—

(a) is held mainly for purposes other than housing purposes, and

(b) consists mainly of accommodation other than housing
5accommodation, or is situated in a cemetery.

(3) The second condition is that the dwelling-house was let to any tenant under
the existing tenancy of that dwelling-house, or a predecessor in title of the
tenant, in consequence of the tenant or the predecessor being in the
employment of—

(a) 10the landlord under the tenancy,

(b) a local authority,

(c) a development corporation,

(d) a housing action trust,

(e) an urban development corporation, or

(f) 15the governors of an aided school.

Ground 10

10 This ground is that the landlord is a charity and the occupation of the
dwelling-house proposed to be let on the new tenancy by the relevant tenant
or tenants to whom the new tenancy is proposed to be granted would
20conflict with the objects of the charity.

Ground 11

11 (1) This ground is that both of the following conditions are met.

(2) The first condition is that the dwelling-house proposed to be let on the new
tenancy has features that—

(a) 25are substantially different from those of ordinary dwelling-houses,
and

(b) are designed to make it suitable for occupation by a physically
disabled person who requires accommodation of the kind provided
by the dwelling-house.

(3) 30The second condition is that if the new tenancy were granted there would no
longer be such a person residing in the dwelling-house.

Ground 12

12 (1) This ground is that both of the following conditions are met.

(2) The first condition is that the landlord is a housing association or housing
35trust which lets dwelling-houses only for occupation (alone or with others)
by persons whose circumstances (other than merely financial circumstances)
make it especially difficult for them to meet their need for housing.

(3) The second condition is that, if the new tenancy were granted, there would
no longer be such a person residing in the dwelling-house proposed to be let
40on the new tenancy.

Ground 13

13 (1) This ground is that all of the following conditions are met.

(2) The first condition is that the dwelling-house proposed to be let on the new
tenancy is one of a group of dwelling-houses which it is the practice of the
landlord to let for occupation by persons with special needs.

(3) The second condition is that a social service or special facility is provided in
5close proximity to the group of dwelling-houses to assist persons with those
special needs.

(4) The third condition is that if the new tenancy were granted there would no
longer be a person with those special needs residing in the dwelling-house.

Ground 14

14 (1) 10This ground is that all of the following conditions are met.

(2) The first condition is that—

(a) the dwelling-house proposed to be let on the new tenancy is the
subject of a management agreement under which the manager is a
housing association, and

(b) 15at least half the members of the association are tenants of dwelling-
houses subject to the agreement.

(3) The second condition is that at least half the tenants of the dwelling-houses
are members of the association.

(4) The third condition is that no relevant tenant to whom the new tenancy is
20proposed to be granted is, or is willing to become, a member of the
association.

(5) References in this paragraph to a management agreement include a section
247 or 249 arrangement as defined by 250A(6) of the Housing and
Regeneration Act 2008.

Section 145

25SCHEDULE 15 Abolition of Housing Revenue Account subsidy in England

1 Part 6 of the Local Government and Housing Act 1989 (housing finance) is
amended as follows.

2 (1) Section 79 (Housing Revenue Account subsidy) is amended as follows.

(2) 30In subsection (1) after “local housing authorities” insert “in Wales”.

(3) In subsection (2) for “appropriate person” in both places substitute “Welsh
Ministers”.

3 (1) Section 80 (calculation of Housing Revenue Account Subsidy) is amended as
follows.

(2) 35In subsection (1)—

(a) after “local housing authority” insert “in Wales”, and

(b) for “appropriate person” substitute “Welsh Ministers”.

(3) In subsection (1A), in paragraph (b)—

(a) in sub-paragraph (i) for “appropriate person” in both places
substitute “Welsh Ministers”, and

(b) in sub-paragraph (ii)—

(i) for “appropriate person’s” substitute “Welsh Ministers’”, and

(ii) 5for “appropriate person” substitute “Welsh Ministers”.

(4) In subsection (3)—

(a) in the opening words for “appropriate person” substitute “Welsh
Ministers”,

(b) in the opening words for “he considers” substitute “they consider”,

(c) 10in paragraph (b) for “appropriate person” substitute “Welsh
Ministers”, and

(d) in paragraph (c) for “he thinks” substitute “the Welsh Ministers
think”.

(5) In subsection (4)—

(a) 15in the opening words for “(or each authority in England or in Wales)”
substitute “in Wales”,

(b) in paragraph (a)—

(i) for the “appropriate person considers” substitute “Welsh
Ministers consider”, and

(ii) 20for “(or all of the authorities in England or Wales)” substitute
“in Wales”, and

(c) in paragraph (b)—

(i) for “them” substitute “the authorities”,

(ii) for the “appropriate person considers” substitute “Welsh
25Ministers consider”,

(iii) for “he thinks” substitute “the Welsh Ministers think”,

(iv) for “their” substitute “the authorities’”, and

(v) for “they” substitute “the authorities”.

(6) In subsection (5) for “appropriate person’s” substitute “Welsh Ministers’”.

(7) 30In subsection (6)—

(a) for “appropriate person” substitute “Welsh Ministers”,

(b) for “him” substitute “them”, and

(c) for “he thinks” substitute “they think”.

4 (1) Section 80ZA (negative amounts of subsidy payable to appropriate person)
35is amended as follows.

(2) In the heading for “appropriate person” substitute “Welsh Ministers”.

(3) In subsection (1)(b) for “appropriate person” substitute “Welsh Ministers”.

(4) In subsection (2)—

(a) for “appropriate person” substitute “Welsh Ministers”,

(b) 40for “him” substitute “them”, and

(c) for “he” substitute “they”.

(5) In subsection (3) for “appropriate person” substitute “Welsh Ministers”.

(6) In subsection (4)—

(a) for “appropriate person” substitute “Welsh Ministers”,

(b) for “he” substitute “the Welsh Ministers”, and

(c) for “him” substitute “the Welsh Ministers”.

(7) In subsection (5)—

(a) for “appropriate person” substitute “Welsh Ministers”, and

(b) 5for “him” in both places substitute “the Welsh Ministers”.

5 (1) Section 80A (final decision on amount of Housing Revenue Account
subsidy) is amended as follows.

(2) In subsection (1)—

(a) after first “authority” insert “in Wales”,

(b) 10for “Secretary of State” substitute “Welsh Ministers”,

(c) for “he thinks” substitute “they think”, and

(d) for “his” substitute “their”.

(3) In subsection (1A) for “Secretary of State” substitute “Welsh Ministers”.

(4) In subsection (1B)—

(a) 15in paragraph (a) for “Secretary of State” substitute “Welsh
Ministers”,

(b) in paragraph (c) for “Secretary of State has” substitute “Welsh
Ministers have”, and

(c) in paragraph (d) for “Secretary of State” substitute “Welsh
20Ministers”.

(5) In subsection (1C) for “Secretary of State” in both places substitute “Welsh
Ministers”.

(6) In subsection (1D) for “Secretary of State” in both places substitute “Welsh
Ministers”.

(7) 25In subsection (4)—

(a) for “Secretary of State” substitute “Welsh Ministers”, and

(b) for “he thinks” substitute “they think”.

(8) In subsection (5) for “Secretary of State” substitute “Welsh Ministers”.

6 (1) Section 80B (agreements to exclude certain authorities or property) is
30amended as follows.

(2) In subsection (1) for “appropriate person” substitute “Welsh Ministers”.

(3) In subsection (3)—

(a) in paragraph (b) for “appropriate person” in both places substitute
“Welsh Ministers”, and

(b) 35in paragraph (e) for “appropriate person” substitute “Welsh
Ministers”.

(4) In subsection (4) for “appropriate person” substitute “Welsh Ministers”.

7 Omit sections 82 to 84 (residual debt subsidy and housing subsidy for year
1989-90).

8 (1) 40Section 85 (power to obtain information) is amended as follows.

(2) In subsection (1)—

(a) after “authority” in both places insert “in Wales”,

(b) for “Secretary of State” in both places substitute “Welsh Ministers”,

(c) for “he” substitute “the Welsh Ministers”,

(d) for “his” substitute “their”, and

(e) omit “or 83”.

(3) 5In subsection (2)—

(a) for “Secretary of State” substitute “Welsh Ministers”,

(b) for “him” substitute “them”, and

(c) for “he” substitute “they”.

(4) In subsection (3)—

(a) 10for “Secretary of State” substitute “Welsh Ministers”,

(b) for the first “he” substitute “the Welsh Ministers”,

(c) for “his” substitute “their”,

(d) omit “or 83”, and

(e) for “he sees” substitute “they see”.

9 15In section 86(1) (recoupment of subsidy in certain cases)—

(a) omit “or residual debt subsidy”,

(b) for “Secretary of State” substitute “Welsh Ministers”,

(c) for “him” substitute “them”, and

(d) for “he” in each place substitute “they”.

10 (1) 20Section 88 (construction and application of Part 6) is amended as follows.

(2) Omit subsection (2).

(3) In subsection (3) omit “Subject to subsection (2) above,”.

(4) Omit subsections (4) and (5).

11 (1) Schedule 4 (the keeping of the Housing Revenue Account) is amended as
25follows.

(2) In Part 2 (debits to the account) in Item 5 (sums payable under section 80ZA)
for “the Secretary of State, or the National Assembly for Wales,” substitute
“the Welsh Ministers”.

(3) In Part 3 (special cases) in paragraph 2(1) (credit balance where no HRA
30subsidy payable) after “authority” insert “in Wales”.

Section 156

SCHEDULE 16 Transfer of functions from the Office for Tenants and Social Landlords to
the Homes and Communities Agency

Part 1 35Amendments to the Housing and Regeneration Act 2008

1 The Housing and Regeneration Act 2008 is amended as follows.

2 In section 2 (the HCA: objects) after subsection (1) insert—

“(1A) It is also an object of the HCA to facilitate the exercise through its
Regulation Committee of the functions conferred on the HCA—

(a) as the regulator by virtue of Part 2 (regulation of social
5housing), or

(b) as the Regulator of Social Housing by virtue of any other
enactment or instrument.”

3 In section 4 (powers of the HCA: general) in subsection (6) for the “and” at
the end of paragraph (a) substitute—

“(aa) 10subsections (2) to (5) do not apply to the powers conferred on
the HCA—

(i) as the regulator by virtue of Part 2 (but see section 92I
(exercise of functions)), or

(ii) as the Regulator of Social Housing by virtue of any
15other enactment or instrument, and”.

4 (1) Section 31 (duties in relation to social housing) is amended as follows.

(2) Omit subsections (9) and (10).

(3) In subsection (11) omit—

(a) “or low cost home ownership accommodation”, and

(b) 20“or (as the case may be) low cost home ownership accommodation”.

(4) In subsection (12) omit the definition of “low cost home ownership
accommodation”.

5 In section 32 (recovery etc of social housing assistance) omit subsection (11).

6 In section 34(2) (determinations under sections 32 and 33)—

(a) 25omit paragraph (a), and

(b) in paragraph (b) omit “other”.

7 Omit section 37 (duty to co-operate with Regulator of Social Housing).

8 (1) Section 42 (agency arrangements with UDCs) is amended as follows.

(2) In subsection (2)(a) after “Chapter 3” insert “or the functions to which
30subsection (2A) applies”.

(3) After that subsection insert—

“(2A) The functions to which this subsection applies are the functions
conferred on the HCA—

(a) as the regulator by virtue of Part 2, or

(b) 35as the Regulator of Social Housing by virtue of any other
enactment or instrument.”

9 In section 46 (guidance by the Secretary of State) after subsection (7) insert—

“(8) This section does not apply to the functions conferred on the HCA—

(a) as the regulator by virtue of Part 2, or

(b) 40as the Regulator of Social Housing by virtue of any other
enactment or instrument.”

10 In section 47 (directions by the Secretary of State) after subsection (6) insert—

“(7) This section does not apply to the functions conferred on the HCA—

(a) as the regulator by virtue of Part 2, or

(b) as the Regulator of Social Housing by virtue of any other
5enactment or instrument.”

11 In the Table in section 58 (Part 1: index of defined expressions) in the entry
for “Regulator of Social Housing” for “Section 81(2)(a)” substitute “Section
92A(2)”.

12 In the Table in section 60(4) (structural overview of Part 2) for the entry
10relating to Chapter 2 substitute—

13 Omit section 78 (the Regulator of Social Housing).

14 Omit section 81 (the regulator: establishment).

15 Omit section 82 (the regulator: membership).

16 25Omit section 83 (the regulator: tenure of office of members).

17 Omit section 84 (the regulator: chief executive).

18 Omit section 85 (the regulator: other staff).

19 Omit section 86 (the regulator: fundamental objectives).

20 Omit section 87 (the regulator: procedure).

21 30Omit section 88 (the regulator: conflict of interest).

22 Omit section 89 (the regulator: committees).

23 Omit section 90 (the regulator: delegation).

24 Omit section 91 (the regulator: seal).

25 Omit section 92 (the regulator: annual report).

26 35After that section insert—

“The regulator and the Regulation Committee

92A Regulation functions of the HCA

(1) In this Part “the regulator” means the HCA.

(2) In any other enactment or instrument “the Regulator of Social
Housing” means the HCA.

92B The Regulation Committee

(1) The HCA must establish a committee to be known as the Regulation
5Committee.

(2) The functions conferred on the HCA as the regulator by virtue of this
Part, or as the Regulator of Social Housing by virtue of any other
enactment or instrument, are exercisable by the HCA acting through
the Regulation Committee.

(3) 10Those functions are not exercisable by the HCA in any other way.

(4) Subsections (2) and (3) are subject to any express provision to the
contrary in this Part or in the enactment or instrument in question.

(5) References in this Part to the functions of the regulator are to the
functions mentioned in subsection (2).

(6) 15References in any enactment or instrument to the social housing
functions of the HCA or the Regulator of Social Housing are to the
functions mentioned in subsection (2).

92C Membership of the Regulation Committee

(1) The Regulation Committee is to consist of—

(a) 20a person appointed by the Secretary of State to chair the
Committee (“the chair”), and

(b) not less than four and not more than six other members
appointed by the Secretary of State.

(2) The chair of the Committee must not be a member of the HCA
25immediately prior to the chair’s appointment as such, but becomes a
member of the HCA on appointment.

(3) One other member of the Committee may be a member of the HCA.

(4) The member within subsection (3) is referred to in this Part as the
internal member.

(5) 30The remaining members of the Committee must be neither a member
nor a member of staff of the HCA.

(6) A member within subsection (5) is referred to in this Part as an
external member.

(7) The Secretary of State must consult the chair before appointing the
35other members.

(8) In appointing a person to be a member, the Secretary of State 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 regulator.

(9) 40In appointing a person to be a member, the Secretary of State 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.

(10) 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
subsection (9).

92D 5Terms of appointment of members

(1) A member of the Regulation Committee holds office in accordance
with the member’s terms of appointment.

(2) A member may resign by serving notice on the Secretary of State.

(3) A person ceases to be the chair if the person—

(a) 10resigns that office by serving notice on the Secretary of State,
or

(b) ceases to be a member of the Committee.

(4) If a person ceases to be the chair, the person—

(a) ceases to be a member of the Committee, and

(b) 15ceases to be a member of the HCA.

(5) A person ceases to be the internal member if the person ceases to be
a member of the HCA.

(6) A person who ceases to be a member or the chair is eligible for
reappointment (subject to section 92C).