Localism Bill (HL Bill 90)

(a) specify any direction given to the Office by the Secretary of State in
the period to which it relates under section 197 of the Housing and
Regeneration Act 2008, and

(b) contain a general description of complaints made to the Office in that
5period about the performance of registered providers of social
housing and of how those complaints have been dealt with.

(4) The HCA must send a report under this paragraph to the Secretary of State
as soon as is reasonably practicable after preparing it.

(5) The Secretary of State must lay the report before Parliament.

10Final accounts

65 (1) As soon as is reasonably practicable after the abolition date, the HCA must
prepare—

(a) a statement of the accounts of the Office for the last financial year to
end before the abolition date, and

(b) 15a statement of the accounts of the Office for the period (if any)
beginning immediately after the end of that financial year and
ending immediately before the abolition date.

(2) A statement under this paragraph must be prepared in accordance with the
direction given by the Secretary of State to the Office dated 12 August 2009.

(3) 20The HCA must, as soon as is reasonable practicable after preparing a
statement under this section, send a copy of it to the Secretary of State and
the Comptroller and Auditor General.

(4) The Comptroller and Auditor General must—

(a) examine, certify and report on the statement, and

(b) 25lay a copy of the report before Parliament.

(5) Sub-paragraph (1)(a) does not apply if the Office has already sent a copy of
its statement of accounts for the year to the Comptroller and Auditor
General.

(6) In such a case the repeal of section 103(5) of the Housing and Regeneration
30Act 2008 does not remove the obligation of the Comptroller and Auditor
General to take the steps specified in that provision in relation to the
statement of accounts if the Comptroller has not already done so.

General transitional and saving provisions

66 (1) Section 92A of the Housing and Regeneration Act 2008 does not apply to an
35enactment or instrument if and to the extent that it makes provision about a
time before the commencement of the insertion of that section by paragraph
26.

(2) In relation to such a time—

(a) references in Part 2 of that Act to “the regulator” are to the Office, and

(b) 40references in any other enactment or instrument to “the Regulator of
Social Housing” are to the Office.

(3) The transfer of functions from the Office to the HCA by virtue of this
Schedule does not affect the validity of anything done (or having effect as if
done) by or in relation to the Office before the transfer takes effect.

(4) Anything that—

(a) is done (or has effect as if done) by or in relation to the Office for the
purposes of, or otherwise in connection with, a function transferred
by virtue of this Schedule, and

(b) 5has effect immediately before the date on which the function is
transferred,

is to be treated as done by or in relation to the HCA.

(5) There may be continued by or in relation to the HCA anything (including
legal proceedings) that—

(a) 10relates to a function transferred by virtue of this Schedule, and

(b) is in the process of being done by or in relation to the Office
immediately before the date on which the function is transferred.

(6) Sub-paragraph (7) applies to any document that—

(a) relates to a function transferred by virtue of this Schedule, and

(b) 15is in effect immediately before the date on which the function is
transferred.

(7) Any references (however expressed) in the document to the Office are to be
read, so far as is necessary for the purposes of the transfer, as references to
the HCA.

20Interpretation

67 In this Part of this Schedule—

• “the abolition date” means the date on which the repeal of section 81 of
  the Housing and Regeneration Act 2008 by Part 1 of this Schedule
  comes into force;

• 25“financial year” mean the period of 12 months ending with 31 March in
  any year;

• “the Office” means the Office for Tenants and Social Landlords
  constituted by Chapter 2 of the Housing and Regeneration Act 2008
  as originally enacted.

Section 166

30SCHEDULE 17 Regulation of social housing

1 Part 2 of the Housing and Regeneration Act 2008 (regulation of social
housing) is amended as follows.

2 (1) Section 192 (overview of Chapter 6) is amended as follows.

(2) 35In paragraph (a) for “198” substitute “198B”.

(3) In paragraph (d) for “complaints” substitute “the submission of information
and opinions”.

3 (1) Section 193 (standards as to provision of social housing) is amended as
follows.

(2) 40In the heading for “Provision of social housing” substitute “Standards
relating to consumer matters”.

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

4 (1) Section 194 (management of financial and other affairs of registered
providers) is amended as follows.

(2) In the heading for “Management” substitute “Standards relating to
5economic matters”.

(3) In subsection (1) omit “the management of”.

(4) After that subsection insert—

“(1A) Standards under subsection (1) may, in particular, require private
registered providers to comply with specified rules about—

(a) 10the management of their financial and other affairs, and

(b) their efficiency in carrying on their financial and other
affairs.”

(5) After subsection (2) insert—

“(2A) The regulator may set standards for registered providers requiring
15them to comply with specified rules about their levels of rent (and
the rules may, in particular, include provision for minimum or
maximum levels of rent or levels of increase or decrease of rent).”

5 (1) Section 195 (code of practice relating to standards) is amended as follows.

(2) In subsection (1)(a) after “standard” insert “under section 194”.

(3) 20In subsection (2) after “standards” insert “under that section”.

6 In section 197(1) (directions by Secretary of State as to standards) in each of
paragraphs (a) and (b) after “193” insert “or 194”.

7 In section 198 (supplemental provision about standards) omit subsection (1).

8 After that section insert—

“198A 25 Failure to meet standard under section 193

(1) Failure by a registered provider to meet a standard under section 193
(standards relating to consumers matters) is a ground for exercising
a power in this Chapter or Chapter 7.

(2) But a power to which this subsection applies may be exercised on
30that ground only if the regulator thinks there are reasonable grounds
to suspect that—

(a) the failure has resulted in a serious detriment to the
registered provider’s tenants or potential tenants, or

(b) there is a significant risk that, if no action is taken by the
35regulator, the failure will result in a serious detriment to the
registered provider’s tenants or potential tenants.

(3) Subsection (2) applies to the powers conferred by any of the
following—

(a) section 199 (surveys);

(b) 40section 201 (inspections);

(c) section 206 (inquiries);

(d) section 220 (enforcement notices);

(e) section 227 (penalties);

(f) section 237 (compensation);

(g) section 247 (management tender);

(h) section 251 (appointment of manager).

(4) 5The risk that, if no action is taken by a registered provider or the
regulator, the registered provider will fail to meet a standard under
section 193 is a ground for exercising a power in this Chapter.

(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
10the failure occurs—

(a) the failure will result in a serious detriment to the registered
provider’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
15registered provider’s tenants or potential tenants.

(6) In considering whether to exercise a power within subsection (1) or
(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) 20the Commission for Local Administration in England;

(b) a housing ombudsman appointed in accordance with a
scheme 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) 25a county council in England, a district council, a London
borough council, the Common Council of the City of London
in 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) 30the Greater London Authority;

(g) a Member of Parliament;

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

(i) the Health and Safety Executive;

(j) 35the Secretary of State.

198B Failure to meet standard under section 194

(1) Failure 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
40exercisable in relation to a registered provider of that kind).

(2) The risk that, if no action is taken by a registered provider or the
regulator, 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) 45For subsection (2) substitute—

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

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

(3) Omit subsection (3).

(4) Omit subsection (6).

(5) For subsection (7) substitute—

“(7) 5Arrangements for a person other than a member of the regulator’s
staff to carry out an inspection may include provision about
payments.”

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

(7) 10Omit subsection (8).

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

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

(3) In subsection (7)—

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

(b) 15omit 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
the regulator to exercise the powers under this section for the
purposes of an inspection under section 201.”

12 20Omit 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) In subsection (1)(a) for “complaints” substitute “the submission of
information”.

(3) 25In subsection (2) for paragraphs (a) to (c) substitute “how the regulator will
deal with the submissions it receives.”

(4) Before subsection (3) insert—

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

15 In section 216 (consultation)—

(a) before paragraph (a) insert—

“(za) the Secretary of State,”, and

(b) 35omit 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) In 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—

(a) the exercise, on a ground other than one specified in section
5198A(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
section 198A(3).

(4) The regulator shall consider—

(a) 10whether the failure or other problem concerned is serious or
trivial;

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

Section 170

SCHEDULE 18 15Home 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
authorities) in paragraph 2(1) (excluded activities)—

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

(b) 20omit 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
supervisory authorities) in paragraph 2(1) (excluded activities)—

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

(b) 25omit 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
make regulations) omit “made by virtue of Part 5 of the Housing Act 2004
(c. 34) (home information packs) or”.

Section 182

30SCHEDULE 19 Housing and regeneration: consequential amendments

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

1 In 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
35development 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.”

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.

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”.

(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;”.

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)—