Localism Bill (HL Bill 100)

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(4) In this paragraph—

  • “the 1965 Act” means the Co-operative and Community Benefit
    Societies and Credit Unions Act 1965;

  • “assured tenancy” has the same meaning as in Part 1 of the
    5Housing Act 1988;

  • “protected tenancy” has the same meaning as in the Rent Act
    1977;

  • “secure tenancy” has the same meaning as in Part 4 of the
    Housing Act 1985.

(2) 10Until the coming into force of section 1 of the 2010 Act, the paragraph 2B
inserted by subsection (1) of this section has effect as if for sub-paragraph (3)(a)
of that paragraph there were substituted—

(a) is a society registered, or treated as registered, under section
1 of the 1965 Act in the case of which the condition in section
151(2)(a) of that Act is fulfilled (bona fide co-operative
society),.

(3) Until the coming into force of section 2 of the 2010 Act, the paragraph 2B
inserted by subsection (1) of this section has effect as if in sub-paragraph (4) of
that paragraph “Industrial and Provident Societies Act 1965” were substituted
20for “Co-operative and Community Benefit Societies and Credit Unions Act
1965”.

(4) In subsections (2) and (3) “the 2010 Act” means the Co-operative and
Community Benefit Societies and Credit Unions Act 2010.

Part 8 25London

CHAPTER 1 Housing and regeneration functions

185 Removal of limitations on Greater London Authority’s general power

(1) Section 31 of the Greater London Authority Act 1999 (limits of the Authority’s
general power) is amended as follows.

(2) 30In subsection (3) (prohibition on the Authority incurring expenditure in
providing housing or other services) omit paragraph (a) (provision of
housing).

(3) Omit subsection (4) (interpretation of reference to provision of housing).

(4) Before subsection (5) insert—

(4A) 35The reference in subsection (3) above to providing any education
services does not include sponsoring Academies or facilitating their
sponsorship.

186 New housing and regeneration functions of the Authority

(1) Part 7A of the Greater London Authority Act 1999 is amended as follows.

(2) 40In the heading to that Part, after “HOUSING” insert “AND REGENERATION”.

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(3) Before section 333A insert—

Functions in relation to land
333ZA Compulsory acquisition of land

(1) The Authority may acquire land in Greater London compulsorily for
5the purposes of housing or regeneration.

(2) The Authority may exercise the power in subsection (1) only if the
Secretary of State authorises it to do so.

(3) The power in subsection (1) includes power to acquire new rights over
land.

(4) 10Subsection (5) applies where—

(a) land forming part of a common, open space or allotment is
being acquired under subsection (1), or

(b) new rights are being acquired under subsection (1) over land
forming part of a common, open space or allotment.

(5) 15The power under subsection (1) includes power to acquire land
compulsorily for giving in exchange for that land or those new rights.

(6) Part 1 of Schedule 2 to the Housing and Regeneration Act 2008
(compulsory acquisition of land by the Homes and Communities
Agency) applies in relation to the acquisition of land under subsection
20(1) as it applies in relation to the acquisition of land under section 9 of
that Act.

(7) In that Part of that Schedule as applied by subsection (6)—

(a) references to section 9 of that Act are to be read as references to
subsection (1),

(b) 25references to the Homes and Communities Agency are to be
read as references to the Authority, and

(c) references to Part 1 of that Act are to be read as references to this
Part.

(8) The provisions of Part 1 of the Compulsory Purchase Act 1965 (other
30than section 31) apply, so far as applicable, to the acquisition by the
Authority of land by agreement for the purposes of housing or
regeneration.

(9) In this section—

  • “allotment” means any allotment set out as a fuel allotment, or a
    35field garden allotment, under an Inclosure Act;

  • “common” has the meaning given by section 19(4) of the
    Acquisition of Land Act 1981;

  • “open space” means any land which is—

    (a)

    laid out as a public garden,

    (b)

    40used for the purposes of public recreation, or

    (c)

    a disused burial ground.

333ZB Powers in relation to land held for housing or regeneration purposes

(1) Schedule 3 to the Housing and Regeneration Act 2008 (powers in
relation to land of the Homes and Communities Agency) applies in

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relation to the Authority and land held by it for the purposes of housing
or regeneration as it applies in relation to the Homes and Communities
Agency and its land.

(2) In that Schedule as applied by subsection (1)—

(a) 5references to the Homes and Communities Agency are to be
read as references to the Authority, and

(b) references to the Homes and Communities Agency’s land are to
the Authority’s land held by it for the purposes of housing or
regeneration.

(3) 10Schedule 4 to that Act (powers in relation to, and for, statutory
undertakers) applies in relation to the Authority and land held by it for
the purposes of housing or regeneration as it applies in relation to the
Homes and Communities Agency and its land.

(4) In that Schedule as applied by subsection (3)—

(a) 15references to the Homes and Communities Agency are to be
read as references to the Authority,

(b) references to the Homes and Communities Agency’s land are to
the Authority’s land held by it for the purposes of housing or
regeneration,

(c) 20references to Part 1 of that Act are to be read as references to this
Part, and

(d) references to the functions of the Homes and Communities
Agency under Part 1 of that Act are to be read as references to
the functions of the Authority relating to housing or
25regeneration.

333ZC Disposal etc of land held for housing and regeneration purposes

(1) The Authority may not dispose of land held by it for the purposes of
housing or regeneration for less than the best consideration which can
reasonably be obtained unless the Secretary of State consents.

(2) 30Consent under subsection (1)—

(a) may be general or specific;

(b) may be given unconditionally or subject to conditions.

(3) Subsection (1) does not apply to a disposal by way of a short tenancy if
the disposal consists of—

(a) 35the grant of a term of not more than 7 years, or

(b) the assignment of a term which, at the date of assignment, has
not more than 7 years to run.

(4) A disposal of land by the Authority is not invalid merely because any
consent required by subsection (1) has not been given.

(5) 40A person dealing with—

(a) the Authority, or

(b) a person claiming under the Authority,

in relation to any land need not be concerned as to whether any consent
required by subsection (1) has been given.

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333ZD Power to enter and survey land

(1) Sections 17 and 18 of the Housing and Regeneration Act 2008 (power to
enter and survey land) apply in relation to the Authority and land in
Greater London as they apply in relation to the Homes and
5Communities Agency and land outside Greater London.

(2) In those sections as applied by subsection (1)—

(a) references to the Homes and Communities Agency are to be
read as references to the Authority,

(b) references to land are to land in Greater London, and

(c) 10the reference to a proposal for the Homes and Communities
Agency to acquire land is a reference to a proposal for the
Authority to acquire land for the purposes of housing or
regeneration.

Social housing
333ZE 15 Social housing

(1) Subject to subsection (2), sections 31 to 36 of the Housing and
Regeneration Act 2008 (social housing functions) apply in relation to
the Authority as they apply in relation to the Homes and Communities
Agency.

(2) 20In those sections as applied by subsection (1)—

(a) references to the Homes and Communities Agency are to be
read as references to the Authority,

(b) the definition of “social housing assistance” in section 32(13) is
to be read as if the reference to financial assistance given under
25section 19 of that Act were to financial assistance given by the
Authority,

(c) section 34 is to be read as if subsection (1) were omitted, and

(d) section 35(1) is to be read as if the reference to section 19 of the
Housing and Regeneration Act 2008 were omitted and as if the
30reference in paragraph (b) to a dwelling in England outside
Greater London were to a dwelling in Greater London.

(3) Sums received by the Authority in respect of repayments of grants
made by it for the purposes of social housing are to be used by it for
those purposes.

333ZF 35 Relationship with the Regulator of Social Housing: general

(1) The Authority must, in the exercise of its housing and regeneration
functions, co-operate with the Regulator of Social Housing (referred to
in this Part as “the Regulator”).

(2) In particular, the Authority must consult the Regulator on matters
40likely to interest the Regulator in the exercise of its social housing
functions.

(3) The Regulator must, in the exercise of its social housing functions, co-
operate with the Authority.

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(4) In particular, the Regulator must consult the Authority on matters
likely to interest the Authority in the exercise of its housing and
regeneration functions.

333ZG Relationship with the Regulator of Social Housing: directions

(1) 5The Regulator may direct the Authority not to give financial assistance
in connection with social housing to a specified registered provider of
social housing .

(2) A direction may be given if—

(a) the Regulator has decided to hold an inquiry into affairs of the
10registered provider of social housing under section 206 of the
Housing and Regeneration Act 2008 (and the inquiry is not
concluded),

(b) the Regulator has received notice in respect of the registered
provider of social housing under section 145 of that Act, or

(c) 15the Regulator has appointed an officer of the registered
provider of social housing under section 269 of that Act (and the
person appointed has not vacated office).

(3) A direction may prohibit the Authority from giving assistance of a
specified kind (whether or not in pursuance of a decision already taken
20and communicated to the registered provider of social housing).

(4) A direction may not prohibit grants to a registered provider of social
housing in respect of discounts given by the provider on disposals of
dwellings to tenants.

(5) A direction has effect until withdrawn.

(6) 25In this section the following terms have the same meaning as in Part 2
of the Housing and Regeneration Act 2008—

  • “disposal” (see section 273 of that Act);

  • “dwelling” (see section 275 of that Act);

  • “tenant” (see section 275 of that Act).

333ZH 30 Relationship with the Regulator of Social Housing: further
provisions

(1) Subsection (2) applies if the Authority is proposing to give financial
assistance on condition that the recipient provides low cost home
ownership accommodation.

(2) 35The Authority must consult the Regulator about the proposals.

(3) The Authority must notify the Regulator at least 14 days before
exercising, in relation to a registered provider of social housing, any of
the powers conferred by section 32(2) to (4) of the Housing and
Regeneration Act 2008 (recovery etc of social housing assistance).

(4) 40The Authority must consult the Regulator before making a general
determination under section 32 or 33 of the Housing and Regeneration
Act 2008.

(5) For the purposes of this section a person provides low cost home
ownership accommodation if (and only if) the person acquires,
45constructs or converts any housing or other land for use as low cost

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home ownership accommodation or ensures such acquisition,
construction or conversion by another.

(6) In this section “low cost home ownership accommodation” has the
meaning given by section 70 of the Housing and Regeneration Act 2008.

5Exercise of functions in relation to certain property etc
333ZI Exercise of functions by the Authority in relation to certain property
etc

(1) The Authority may do in relation to any property, rights or liabilities,
or any undertaking, to which this section applies anything that the
10Commission for the New Towns or (as the case may be) an urban
development corporation could do in relation to the property, rights or
liabilities or the undertaking.

(2) This section applies to—

(a) any property, rights or liabilities that—

(i) 15have been or are to be transferred to the Authority from
the Homes and Communities Agency by virtue of
section 189 of the Localism Act 2011, and

(ii) were transferred to the Homes and Communities
Agency from the Commission for the New Towns by
20virtue of section 51 of and Schedule 6 to the Housing and
Regeneration Act 2008,

(b) an undertaking, or part of an undertaking, of an urban
development corporation that has been or is to be transferred to
the Authority by virtue of an agreement under section 165 of the
25Local Government, Planning and Land Act 1980,

(c) any property, rights or liabilities of an urban development
corporation that have been or are to be transferred to the
Authority by virtue of an order under section 165B of the Local
Government, Planning and Land Act 1980, and

(d) 30any property, rights or liabilities that—

(i) have been or are to be transferred to the Authority from
the Homes and Communities Agency by virtue of
section 189 of the Localism Act 2011, and

(ii) were transferred to the Homes and Communities
35Agency from an urban development corporation by
virtue of an order under section 165B of the Local
Government, Planning and Land Act 1980.

(3) In any enactment (whenever passed or made) references to the
Authority’s new towns and urban development functions are to its
40functions in relation to any property, rights or liabilities, or any
undertaking, to which this section applies (whether exercisable by
virtue of this section or otherwise).

(4) In subsection (4) “enactment” includes an enactment comprised in
subordinate legislation (within the meaning of the Interpretation Act
451978).

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Grants for housing and regeneration purposes
333ZJ Grants to the Authority for housing and regeneration purposes

(1) The Secretary of State may pay to the Authority grants of such amounts
as the Secretary of State may, with the Treasury’s consent, determine in
5respect of the exercise of the Authority’s functions relating to housing
and regeneration.

(2) A grant under this section may be paid at such times, or in such
instalments at such times, as the Secretary of State may, with the
Treasury’s consent, determine.

(3) 10A grant under this section may be made subject to such conditions as
the Secretary of State may determine.

(4) Conditions under subsection (3) may, in particular, include—

(a) provision as to the use of the grant;

(b) provision as to the use of any funds generated by activities
15funded by the grant;

(c) provision as to the circumstances in which the whole or part of
the grant must be repaid.

(4) After section 333D insert—

Interpretation
333E 20 Interpretation of Part 7A

In this Part—

  • “building” means a building or other structure (including a house-
    boat or caravan);

  • “caravan” has the meaning given by section 29(1) of the Caravan
    25Sites and Control of Development Act 1960;

  • “housing” means a building, or part of a building, occupied or
    intended to be occupied as a dwelling or as more than one
    dwelling; and includes a hostel which provides temporary
    residential accommodation;

  • 30“land” includes housing or other buildings (and see also the
    definition in Schedule 1 to the Interpretation Act 1978);

  • “the Regulator” has the meaning given by section 333ZF(1);

  • “social housing” (except as part of the expression “social housing
    functions”) has the same meaning as in Part 2 of the Housing
    35and Regeneration Act 2008 (see section 68 of that Act).

187 The London housing strategy

(1) Before section 333A of the Greater London Authority Act 1999 (the London
housing strategy) insert—

  • The London housing strategy.

(2) 40That section is amended as follows.

(3) In subsection (2)(d) for “recommendations” substitute “proposals”.

(4) In subsection (3)—

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(a) in the opening words for “recommendations” substitute “proposals”,

(b) in paragraph (a) for “Homes and Communities Agency” substitute
“Authority”, and

(c) for paragraph (b) substitute—

(b) 5proposals as to the exercise by the Authority of its
functions of giving housing financial assistance (see
subsection (4) below);.

(5) For subsection (4) substitute—

(4) Proposals under subsection (3)(b) above may include—

(a) 10proposals as to the amount of housing financial assistance to be
given for different activities or purposes;

(b) proposals as to the number, type and location of houses to be
provided by means of housing financial assistance.

(6) In subsection (10) in the definition of “housing financial assistance” for the
15words from “under” to “2008” substitute “by the Authority”.

(7) Section 333D (duties of Homes and Communities Agency) is amended as
follows.

(8) In the heading for “Homes and Communities Agency” substitute “the
Authority”.

(9) 20In subsection (1) for the words from “Greater London” to “Agency” substitute
“housing or regeneration, the Authority”.

188 Modification to the Homes and Communities Agency’s functions

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

(2) In section 2(2) (objects of the Homes and Communities Agency) before the
25definition of “good design” insert—

  • “England” does not include Greater London;.

(3) Section 13 (power of Secretary of State to make designation orders) is amended
as follows.

(4) In subsection (1) after “England” insert “outside Greater London”.

(5) 30In subsection (6)—

(a) after “England,” insert “or”, and

(b) omit the words from “, a London” to the end of the subsection.

(6) In section 14(7) (content of designation orders) in paragraph (a) of the
definition of “relevant functions” omit the words from “, a London” to “of
35London,”.

(7) In section 26(2) (duty to act as agent in respect of regeneration and
development) after “England” insert “outside Greater London”.

(8) In section 35(1)(b) (duty to give financial assistance in respect of certain
disposals) after “England” insert “outside Greater London”.

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189 Transfer of property of Homes and Communities Agency etc

(1) The Secretary of State may at any time make a scheme (a “transfer scheme”)
transferring the property, rights and liabilities of the Homes and Communities
Agency (“the HCA”) or the Secretary of State that are specified in the scheme
5to—

(a) the Greater London Authority,

(b) a functional body,

(c) a company that is a subsidiary of the Greater London Authority,

(d) the Secretary of State,

(e) 10a London borough council, or

(f) the Common Council of the City of London.

(2) The Secretary of State may by order specify another person, or a description of
other persons, to whom property, rights or liabilities of the HCA or the
Secretary of State may be transferred by a transfer scheme.

(3) 15In this section—

  • ‘“company” means—

    (a)

    a company within the meaning given by section 1(1) of the
    Companies Act 2006, or

    (b)

    a society registered or deemed to be registered under the Co-
    20operative and Community Benefit Societies and Credit Unions
    Act 1965 or the Industrial and Provident Societies Act (Northern
    Ireland) 1969;

  • “functional body” has the meaning given by section 424(1) of the Greater
    London Authority Act 1999;

  • 25“rights” and “liabilities” include rights, or (as the case may be) liabilities,
    in relation to a contract of employment;

  • “subsidiary” has the meaning given by section 1159 of the Companies Act
    2006.

190 Abolition of London Development Agency and transfer of its property etc

(1) 30The London Development Agency ceases to exist on the day on which this
subsection comes into force.

(2) The Secretary of State may at any time make a scheme (a “transfer scheme”)
transferring the property, rights and liabilities of the London Development
Agency that are specified in the scheme to—

(a) 35the Greater London Authority,

(b) a functional body,

(c) a company that is a subsidiary of the Greater London Authority,

(d) the Secretary of State,

(e) a London borough council, or

(f) 40the Common Council of the City of London.

(3) Before making a transfer scheme, the Secretary of State must consult the Mayor
of London.

(4) The Secretary of State may by order specify another person, or a description of
other persons, to whom property, rights or liabilities of the London
45Development Agency may be transferred by a transfer scheme.

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(5) In this section—

  • ‘“company” means—

    (a)

    a company within the meaning given by section 1(1) of the
    Companies Act 2006, or

    (b)

    5a society registered or deemed to be registered under the Co-
    operative and Community Benefit Societies and Credit Unions
    Act 1965 or the Industrial and Provident Societies Act (Northern
    Ireland) 1969;

  • “functional body” has the meaning given by section 424(1) of the Greater
    10London Authority Act 1999;

  • “rights” and “liabilities” include rights, or (as the case may be) liabilities,
    in relation to a contract of employment;

  • “subsidiary” has the meaning given by section 1159 of the Companies Act
    2006.

191 15Mayor’s economic development strategy for London

(1) The Greater London Authority Act 1999 is amended as follows.

(2) After section 333E (which is inserted by section 186) insert—

Part 7B Economic development
333F 20Economic development strategy for London

(1) The Mayor shall prepare and publish a document to be known as the
“Economic development strategy for London”.

(2) The Economic development strategy for London is to contain—

(a) the Mayor’s assessment of the economic conditions of Greater
25London, and

(b) the Mayor’s policies and proposals for the economic
development and regeneration of Greater London, including
the Mayor’s strategy for—

(i) promoting business efficiency, investment and
30competitiveness in Greater London,

(ii) promoting employment in Greater London, and

(iii) enhancing the development of skills relevant to
employment in Greater London.

The references in this subsection to Greater London include its rural
35parts as well as its non-rural parts.

(3) In preparing or revising the Economic development strategy for
London the Mayor must consult—

(a) such persons as appear to the Mayor to represent employers in
Greater London, and

(b) 40such persons as appear to the Mayor to represent employees in
Greater London.

(4) Each of the functional bodies must in the exercise of any function have
regard to the Economic development strategy for London.