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Localism Bill (HL Bill 71)

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(5) But a power in this Chapter may be exercised on that ground only if
the regulator thinks there are reasonable grounds to suspect that, if
the failure occurs—

(a) the failure will result in a serious detriment to the registered
5provider’s tenants or potential tenants, or

(b) there will be a significant risk that, if no action is taken by the
regulator, the failure will result in a serious detriment to the
registered provider’s tenants or potential tenants.

(6) In considering whether to exercise a power within subsection (1) or
10(4) on the ground mentioned in that subsection, the regulator must
have regard to any information it has received from any of the
following—

(a) the Commission for Local Administration in England;

(b) a housing ombudsman appointed in accordance with a
15scheme approved under section 51 of the Housing Act 1996;

(c) any body appearing to the regulator to represent the interests
of tenants of social housing in England;

(d) a county council in England, a district council, a London
borough council, the Common Council of the City of London
20in its capacity as a local authority, the Council of the Isles of
Scilly or a parish council;

(e) a member of any of the bodies listed in paragraph (d);

(f) the Greater London Authority;

(g) a Member of Parliament;

(h) 25a fire and rescue authority under the Fire and Rescue Services
Act 2004;

(i) the Health and Safety Executive;

(j) the Secretary of State.

198B Failure to meet standard under section 194

(1) 30Failure by a registered provider to meet a standard under section 194
(standards relating to economic matters) is a ground for exercising a
power in this Chapter or Chapter 7 (if the power is otherwise
exercisable in relation to a registered provider of that kind).

(2) The risk that, if no action is taken by a registered provider or the
35regulator, the registered provider will fail to meet a standard under
section 194 is a ground for exercising a power in this Chapter.

9 (1) Section 201 (inspections) is amended as follows.

(2) For subsection (2) substitute—

(2) The person may be a member of the regulator’s staff if the Secretary
40of State consents.

(2A) Consent under subsection (2) may be general or specific.

(3) Omit subsection (3).

(4) Omit subsection (6).

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(5) For subsection (7) substitute—

(7) Arrangements for a person other than a member of the regulator’s
staff to carry out an inspection may include provision about
payments.

(6) 5In subsection (7A) after “person” insert “other than a member of the
regulator’s staff”.

(7) Omit subsection (8).

10 (1) Section 202 (inspections: supplemental) is amended as follows.

(2) In subsection (6) omit paragraph (c).

(3) 10In subsection (7)—

(a) at the end of paragraph (a) insert “and”, and

(b) omit paragraph (c).

11 In section 203 (inspector’s powers) for subsection (12) substitute—

(12) In this section “inspector” means a person authorised in writing by
15the regulator to exercise the powers under this section for the
purposes of an inspection under section 201.

12 Omit section 204 (performance information).

13 Omit section 205 (publication of performance information).

14 (1) Section 215 (guidance on use of intervention powers) is amended as follows.

(2) 20In subsection (1)(a) for “complaints” substitute “the submission of
information”.

(3) In subsection (2) for paragraphs (a) to (c) substitute “how the regulator will
deal with the submissions it receives.”

(4) Before subsection (3) insert—

(2A) 25Guidance under subsection (1)(b) must, in particular, specify how
the regulator applies and intends to apply the tests in section 198A
(use of certain powers in cases of failure or potential failure to
comply with standards under section 193).

15 In section 216 (consultation)—

(a) 30before paragraph (a) insert—

(za) the Secretary of State,, and

(b) omit paragraph (d).

16 (1) Section 218 (exercise of enforcement powers) is amended as follows.

(2) In subsection (1) for “This section” substitute “Subsection (2)”.

(3) 35In subsection (2) omit paragraphs (b) and (c).

(4) After that subsection insert—

(3) Subsection (4) applies where the regulator is making a decision in
relation to—

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(a) the exercise, on a ground other than one specified in section
198A(1) (failure to meet standard under section 193), of a
power under this Chapter that is listed in section 198A(3), or

(b) the exercise of a power under this Chapter that is not listed in
5section 198A(3).

(4) The regulator shall consider—

(a) whether the failure or other problem concerned is serious or
trivial;

(b) whether the failure or other problem is a recurrent or isolated
10incident.

Section 161

SCHEDULE 18 Home information packs: consequential amendments

Terrorism Act 2000 (c. 11)Terrorism Act 2000 (c. 11)

1 In Schedule 3A to the Terrorism Act 2000 (regulated sector and supervisory
15authorities) in paragraph 2(1) (excluded activities)—

(a) at the end of paragraph (d) insert “or”, and

(b) omit paragraph (f).

Proceeds of Crime Act 2002 (c. 29)Proceeds of Crime Act 2002 (c. 29)

2 In Schedule 9 to the Proceeds of Crime Act 2002 (regulated sector and
20supervisory authorities) in paragraph 2(1) (excluded activities)—

(a) at the end of paragraph (d) insert “or”, and

(b) omit paragraph (f).

Housing and Regeneration Act 2008 (c. 17)2008 (c. 17)

3 In section 290(2)(e) of the Housing and Regeneration Act 2008 (power to
25make regulations) omit “made by virtue of Part 5 of the Housing Act 2004
(c. 34) (home information packs) or”.

Section 171

SCHEDULE 19 Housing and regeneration: consequential amendments

Public Health Act 1961 (c. 64)Public Health Act 1961 (c. 64)

1 30In Schedule 4 to the Public Health Act 1961 (attachment of street lighting
equipment to certain buildings) in the entry for a building owned by a
development corporation established under the New Towns Act 1946 etc at
the end insert “or the Greater London Authority so far as exercising its new
towns and urban development functions.”

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Leasehold Reform Act 1967 (c. 88)Leasehold Reform Act 1967 (c. 88)

2 In section 37(1)(ba)(i) of the Leasehold Reform Act 1967 (definition of “new
towns residuary body”) after “2008” insert “or the Greater London Authority
so far as exercising its new towns and urban development functions”.

5Land Compensation Act 1973 (c. 26)Land Compensation Act 1973 (c. 26)

3 In section 39(9)(b)(i) of the Land Compensation Act 1973 (definition of “new
towns residuary body”) after “2008” insert “or the Greater London Authority
so far as exercising its new towns and urban development functions”.

Rent (Agriculture) Act 1976 (c. 80)Rent (Agriculture) Act 1976 (c. 80)

4 10In section 5(3A) of the Rent (Agriculture) Act 1976 (definition of “English
new towns residuary body”) after “2008” insert “or the Greater London
Authority so far as exercising its new towns and urban development
functions”.

Rent Act 1977 (c. 42)Rent Act 1977 (c. 42)

5 15In section 14(2) of the Rent Act 1977 (definition of “English new towns
residuary body”) after “2008” insert “or the Greater London Authority so far
as exercising its new towns and urban development functions”.

Protection from Eviction Act 1977 (c. 43)Protection from Eviction Act 1977 (c. 43)

6 In section 3A(8A)(a) of the Protection from Eviction Act 1977 (definition of
20“new towns residuary body”) after “2008” insert “or the Greater London
Authority so far as exercising its new towns and urban development
functions”.

Local Government, Planning and Land Act 1980 (c. 65)Local Government, Planning and Land Act 1980 (c. 65)

7 In section 93(1A) of the Local Government, Planning and Land Act 1980
25(application of sections 95 to 96A to the Homes and Communities Agency)
after “2008” insert “and to the Greater London Authority so far as it is
exercising its new towns and urban development functions”.

Highways Act 1980 (c. 66)Highways Act 1980 (c. 66)

8 In section 219(4B)(a) (definition of “new towns residuary body”) after “2008”
30insert “or the Greater London Authority so far as exercising its new towns
and urban development functions”.

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

9 In Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982
(street trading) in paragraph 2(5A)(a) (definition of “new towns residuary
35body”) after “2008” insert “or the Greater London Authority so far as
exercising its new towns and urban development functions”.

Housing Act 1985 (c. 68)Housing Act 1985 (c. 68)

10 The Housing Act 1985 is amended as follows.

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11 In section 4(1)(g)(i) (definition of “new towns residuary body”) after “2008”
insert “or the Greater London Authority so far as exercising its new towns
and urban development functions”.

12 In section 45(2) (restrictions on service charges payable after disposal of
5lease: disposals to which restrictions apply) in the definition of “public
sector authority” after the entry for the Homes and Communities Agency
insert—

  • the Greater London Authority so far as exercising its housing
    or regeneration functions or its new towns and urban
    10development functions,.

13 (1) Section 80 (secure tenancies: the landlord condition) is amended as follows.

(2) In subsection (1) after “the Homes and Communities Agency” insert “, the
Greater London Authority”.

(3) In subsection (2A) for the “or” at the end of paragraph (a) substitute—

(aa) 15the Greater London Authority as mentioned in section
333ZI(2)(a) to (d) of the Greater London Authority Act 1999,
or.

(4) In subsection (2B)—

(a) after “Agency” insert “, the Greater London Authority”, and

(b) 20after “(2A)(a)” insert “, (aa)”.

(5) In subsection (2C) after “Agency” in both places insert “, the Greater London
Authority”.

(6) In subsection (2D) after “Agency” in both places insert “, the Greater London
Authority”.

(7) 25In subsection (2E) after “Agency” insert “, the Greater London Authority”.

(8) In subsection (5)—

(a) after the first “Agency” insert “, to the Greater London Authority”,
and

(b) after the second “Agency” insert “, the Greater London Authority”.

14 30In section 151B (right to buy: mortgage for securing redemption of
landlord’s share) after subsection (5A) insert—

(5B) In subsection (5) “the Relevant Authority” also includes the Greater
London Authority.

15 In section 156 (right to buy: liability to repay to be a charge on the premises)
35after subsection (4ZA) insert—

(4ZB) In subsection (4) “the Relevant Authority” also includes the Greater
London Authority.

16 (1) Section 450A (right to a loan in respect of service charges after exercise of
right to buy) is amended as follows.

(2) 40In subsection (5A) after “6A(4)” insert “and in the case of a property outside
Greater London”.

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(3) After that subsection insert—

(5B) In subsection (4)(a) “the Relevant Authority”, in relation to a housing
association falling within section 6A(4) and in the case of a property
in Greater London, means the Greater London Authority.

17 5In section 450B(1)(a) (power to make loans in other cases) after “Agency”
insert “or the Greater London Authority”.

18 In section 453(1)(b) (further advances in case of disposal on shared
ownership lease) after “Agency” insert “or the Greater London Authority”.

19 In section 458(1) (loans for acquisition or improvement of housing: minor
10definitions) in the definition of “housing authority” after “Agency,” insert
“the Greater London Authority,”.

20 In Schedule 4 (qualifying period for right to buy and discount) in paragraph
7B for the “or” at the end of paragraph (a) substitute—

(aa) the Greater London Authority, or.

21 15In Schedule 5 (exceptions to the right to buy) in paragraph 3—

(a) in the entry in the list for section 19 of the Housing and Regeneration
Act 2008 omit the words from “(and” to “Act)”, and

(b) after the end of that entry (but not as an entry in that list) insert—

or a grant from the Greater London Authority which was
20a grant made on condition that the housing association
provides social housing.

Landlord and Tenant Act 1985 (c. 70)Landlord and Tenant Act 1985 (c. 70)

22 In section 38 of the Landlord and Tenant Act 1985 (minor definitions) in the
definition of “new town corporation” for the “or” at the end of paragraph (b)
25substitute—

(ba) the Greater London Authority so far as exercising its new
towns and urban development functions, or.

Landlord and Tenant Act 1987 (c. 31)Landlord and Tenant Act 1987 (c. 31)

23 In section 58(1) of the Landlord and Tenant Act 1987 (exempt landlords)
30after paragraph (df) insert—

(dg) the Greater London Authority so far as exercising its housing
or regeneration functions or its new towns and urban
development functions;.

Income and Corporation Taxes Act 1988 (c. 1)Income and Corporation Taxes Act 1988 (c. 1)

24 35In section 376(4) of the Income and Corporation Taxes Act 1988 (qualifying
lenders) after paragraph (j) insert—

(ja) the Greater London Authority so far as exercising its housing
or regeneration functions or its new towns and urban
development functions;.

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Housing Act 1988 (c. 50)Housing Act 1988 (c. 50)

25 The Housing Act 1988 is amended as follows.

26 In section 35(4)(ba) (tenancies which are secure tenancies) after “Agency”
insert “, the Greater London Authority”.

27 5In section 38(5A)(b)(i) (definition of “new towns residuary body”) after
“2008” insert “or the Greater London Authority so far as exercising its new
towns and urban development functions”.

28 In section 52(9A) (recovery of grants: interpretation) in the definition of “the
appropriate authority”—

(a) 10in paragraph (a) after “association” insert “and property outside
Greater London”, and

(b) for the “and” at the end of that paragraph substitute—

(aa) in relation to an English relevant housing association
and property in Greater London, means the Greater
15London Authority, and.

Water Industry Act 1991 (c. 56)Water Industry Act 1991 (c. 56)

29 In section 219(1) of the Water Industry Act 1991 (general interpretation) in
the definition of “new towns residuary body” after “2008” insert “or the
Greater London Authority so far as exercising its new towns and urban
20development functions”.

Water Resources Act 1991 (c. 57)Water Resources Act 1991 (c. 57)

30 In section 72(2A) of the Water Resources Act 1991 (definition of “new towns
residuary body”) after “2008” insert “or the Greater London Authority so far
as exercising its new towns and urban development functions”.

25Social Security Administration Act 1992 (c. 5)Social Security Administration Act 1992 (c. 5)

31 In section 191 of the Social Security Administration Act 1992 (general
interpretation) in paragraph (a) of the definition of “new town corporation”
at the end of sub-paragraph (ii) insert ; or

(iii) the Greater London Authority so far as exercising its
30new towns and urban development functions;.

Taxation of Chargeable Gains Act 1992 (c. 12)Taxation of Chargeable Gains Act 1992 (c. 12)

32 In section 219(1)(d) of the Taxation of Chargeable Gains Act 1992 (disposals
by housing related bodies) in paragraph (d) for “or the Homes and
Communities Agency” substitute “, the Homes and Communities Agency or
35the Greater London Authority.”

Housing Act 1996 (c. 52)Housing Act 1996 (c. 52)

33 The Housing Act 1996 is amended as follows.

34 (1) Section 51 (schemes for investigation of complaints against social landlords)
is amended as follows.

(2) 40In subsection (3)(a)—

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(a) in the entry in the list for section 19 of the Housing and Regeneration
Act 2008 omit the words from “(and” to “Act)”, and

(b) at the end of the entry in the list for section 50 of the Housing Act
1988 etc (but not as an entry in that list) insert—

5or a grant from the Greater London Authority which was
a grant made on condition that the housing association
provides social housing; or.

(3) After that subsection insert—

(3A) In subsection (3) “provides social housing” has the same meaning as
10in Part 1 of the Housing and Regeneration Act 2008.

35 In section 219(4)(a) (directions as to charges by social landlords: meaning of
social landlord) after “Agency,” insert “the Greater London Authority,”.

Finance Act 2003 (c. 14)Finance Act 2003 (c. 14)

36 The Finance Act 2003 is amended as follows.

37 15In section 71(4) (stamp duty land tax: reliefs for acquisitions by registered
social landlords) after paragraph (ca) insert—

(cb) made or given by the Greater London Authority,.

38 (1) Schedule 9 (stamp duty land tax: rights to buy, shared ownership leases etc)
is amended as follows.

(2) 20In paragraph 1—

(a) in sub-paragraph (3) after the entry relating to the Homes and
Communities Agency insert—

  • The Greater London Authority so far as exercising its
    housing or regeneration functions or its new towns
    25and urban development functions, and

(b) after sub-paragraph (6) insert—

(7) A grant by the Greater London Authority which—

(a) is made by virtue of section 35 of the Housing and
Regeneration Act 2008 as applied by section 333ZE
30of the Greater London Authority Act 1999, or

(b) is otherwise made to a relevant provider of social
housing (within the meaning of section 35 of the
Housing and Regeneration Act 2008) in respect of
discounts given by the provider on disposals of
35dwellings to tenants,

does not count as part of the chargeable consideration for
a right to buy transaction to which the vendor is a relevant
provider of social housing.

(3) In paragraph 5—

(a) 40in sub-paragraph (2) after paragraph (e) insert—

(ea) the Greater London Authority so far as exercising its
housing or regeneration functions or its new towns
and urban development functions;, and

(b) in sub-paragraph (2A)—

(i) 45after “financial assistance” insert “made or given”, and

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(ii) after “2008” insert “or by the Greater London Authority”.

(4) In paragraph 7(8)—

(a) after “financial assistance” insert “made or given”, and

(b) after “2008” insert “or by the Greater London Authority”.

5Finance Act 2004 (c. 12)Finance Act 2004 (c. 12)

39 (1) Section 59 of the Finance Act 2004 (construction industry scheme:
contractors) is amended as follows.

(2) In subsection (1) after paragraph (f) insert—

(fa) the Greater London Authority in the exercise of its functions
10relating to housing or regeneration or its new towns and
urban development functions;.

(3) In subsection (2) for “(f)” substitute “(fa)”.

National Health Service Act 2006 (c. 41)National Health Service Act 2006 (c. 41)

40 The National Health Service Act 2006 is amended as follows.

41 15In section 256(2) (bodies to which PCTs may make payments in connection
with provision of housing accommodation) after paragraph (ba) insert—

(bb) the Greater London Authority,.

42 In section 268(3) (bodies with whom arrangements may be made for
provision of accommodation to persons displaced by health service
20development) after paragraph (d) insert—

(da) the Greater London Authority,.

Housing and Regeneration Act 2008 (c. 17)2008 (c. 17)

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

44 In section 112(4) (duty to consult before setting criteria for voluntary
25registration) before paragraph (b) insert—

(aa) the Greater London Authority,.

45 In section 145 (moratorium) before the table insert—

(5) Where the private registered provider owns land in Greater London,
the regulator shall give the Greater London Authority a copy of any
30notice received under this section.

46 (1) Section 146 (duration of moratorium) is amended as follows.

(2) After subsection (4) insert—

(4A) If the regulator extends a moratorium in respect of a private
registered provider who owns land in Greater London, the regulator
35shall also notify the Greater London Authority.

(3) Before subsection (9) insert—

(8A) When a moratorium in respect of a private registered provider who
owns land in Greater London ends, the regulator shall also give
notice to the Greater London Authority.

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47 In section 147 (further moratorium) after subsection (4) insert—

(4A) If the regulator imposes a new moratorium in respect of a private
registered provider who owns land in Greater London, the regulator
shall also notify the Greater London Authority.

48 5In section 174(5) (procedure for consent to disposal of social housing) before
paragraph (b) insert—

(aa) the Greater London Authority,.

49 In section 178(3) (private registered provider’s use of proceeds from
disposals) for the words from “to the HCA” to the end substitute

(a) 10in the case of sums representing net disposal proceeds
relating to property outside Greater London, to the HCA, and

(b) in the case of sums representing net disposal proceeds
relating to property in Greater London, to the Greater
London Authority.

50 15In section 196(1) (consultation on standards and codes of practice) after
paragraph (e) insert—

(ea) the Greater London Authority,.

51 In section 197(4) (direction by Secretary of State) after paragraph (a) insert—

(aa) the Greater London Authority,.

52 20In section 216 (consultation on use of intervention powers) after paragraph
(b) insert—

(ba) the Greater London Authority,.

53 In section 222 (notification of use of enforcement notice) before paragraph
(b) insert—

(aa) 25in the case of an enforcement notice given to registered
provider who owns land in Greater London, the Greater
London Authority, and.

54 In section 230(2) (pre-penalty warning) before paragraph (b) insert—

(aa) the Greater London Authority (if the pre-penalty warning is
30given to a registered provider who owns land in Greater
London), and.

55 Before section 233 insert—

232A Notifying the Greater London Authority

If the regulator imposes a penalty on a registered provider who owns
35land in Greater London, it must send a copy of the penalty notice to
the Greater London Authority.

56 In section 242(3) (pre-compensation warning) before paragraph (b) insert—

(aa) the Greater London Authority (if the pre-compensation
warning is given to a registered provider who owns land in
40Greater London), and.

57 (1) Section 248 (supplemental provisions about management tenders) is
amended as follows.