Previous Next

Contents page 310-319 320-329 330-339 340-349 350-359 360-368 370-379 380-389 390-399 400-409 410-419 420-429 430-439 440-449 450-454 460-467 470-478 480-487 Last page

Localism BillPage 410

(5) 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.

Interpretation

67 5In this Part of this Schedule—

Part 4 Transitional and saving provisions

Final annual report

68 (1) As soon as is reasonably practicable after the abolition date, the HCA must
15prepare a report on the performance of the functions of the Office—

(a) in the last financial year to end before the abolition date, and

(b) in the period (if any) beginning immediately after the end of that
financial year and ending immediately before the abolition date.

(2) Sub-paragraph (1)(a) does not apply if the Office has already sent a report
20under section 92 of the Housing and Regeneration Act 2008 to the Secretary
of State in respect of the financial year.

(3) The report must, in particular—

(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
25Regeneration Act 2008, and

(b) contain a general description of complaints made to the Office in that
period 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
30as soon as is reasonably practicable after preparing it.

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

Final accounts

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

(a) 35a statement of the accounts of the Office for the last financial year to
end before the abolition date, and

(b) a 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) 40A 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.

Localism BillPage 411

(3) The 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) 5examine, certify and report on the statement, and

(b) lay 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) 10In such a case the repeal of section 103(5) of the Housing and Regeneration
Act 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

70 (1) 15Section 92A of the Housing and Regeneration Act 2008 does not apply to an
enactment 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) 20references in Part 2 of that Act to “the regulator” are to the Office, and

(b) references 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
25done) 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) 30has 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) 35relates 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) 40is 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.

Localism BillPage 412

Interpretation

71 In this Part of this Schedule—

Section 178

SCHEDULE 17 Regulation of social housing

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

2 15In section 122 (restriction on gifts and distributions by non-profit registered
providers to members etc) after subsection (6) insert—

(7) The Secretary of State may by order amend this section for the
purpose of—

(a) adding to the permitted classes, or

(b) 20modifying or removing a permitted class added by order
under this subsection.

(8) Before making an order under subsection (7), the Secretary of State
must consult—

(a) the Charity Commission,

(b) 25the regulator, and

(c) one or more bodies appearing to the Secretary of State to
represent the interests of registered providers.

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

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

(3) 30In paragraph (d) for “complaints” substitute “the submission of information
and opinions”.

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

(2) In the heading for “Provision of social housing” substitute “Standards
35relating to consumer matters”.

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

5 (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
40economic matters”.

Localism BillPage 413

(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) 5the 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
10them 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).

6 (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) 15In subsection (2) after “standards” insert “under that section”.

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

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

9 After that section insert—

198A 20 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
25that 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
30regulator, 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) 35section 201 (inspections);

(c) section 206 (inquiries);

(d) section 220 (enforcement notices);

(e) section 227 (penalties);

(f) section 237 (compensation);

(g) 40section 247 (management tender);

(h) section 251 (appointment of manager).

Localism BillPage 414

(4) 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 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
5the 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
provider’s tenants or potential tenants, or

(b) there will be a significant risk that, if no action is taken by the
10regulator, 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
(4) on the ground mentioned in that subsection, the regulator must
have regard to any information it has received from any of the
15following—

(a) the 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
20of 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
in its capacity as a local authority, the Council of the Isles of
Scilly or a parish council;

(e) 25a member of any of the bodies listed in paragraph (d);

(f) the Greater London Authority;

(g) a Member of Parliament;

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

(i) 30the Health and Safety Executive;

(j) the 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
35power 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
regulator, the registered provider will fail to meet a standard under
section 194 is a ground for exercising a power in this Chapter.

10 (1) 40Section 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
of State consents.

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

(3) 45Omit subsection (3).

(4) Omit subsection (6).

Localism BillPage 415

(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).

11 (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).

12 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.

13 Omit section 204 (performance information).

14 Omit section 205 (publication of performance information).

15 (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).

16 In section 216 (consultation)—

(a) 30before paragraph (a) insert—

(za) the Secretary of State,, and

(b) omit paragraph (d).

17 (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—

Localism BillPage 416

(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.

18 In section 320 of the Housing and Regeneration Act 2008 (orders and
regulations)—

(a) in subsection (3)(a) (orders subject to approval in draft by each
House of Parliament), after “114” insert “, 122”, and

(b) 15in subsection (7)(a) (orders subject to annulment by either House of
Parliament, and exceptions from that requirement), after “114” insert
“, 122”.

Section 182

SCHEDULE 18 Home information packs: consequential amendments

20Terrorism 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) omit paragraph (f).

25Proceeds 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) omit paragraph (f).

30Housing 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”.

Localism BillPage 417

Section 194

SCHEDULE 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
5equipment 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.”

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

2 10In 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”.

Land 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
15towns 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 In section 5(3A) of the Rent (Agriculture) Act 1976 (definition of “English
new towns residuary body”) after “2008” insert “or the Greater London
20Authority so far as exercising its new towns and urban development
functions”.

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

5 In 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
25as 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
“new towns residuary body”) after “2008” insert “or the Greater London
Authority so far as exercising its new towns and urban development
30functions”.

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
(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
35exercising its new towns and urban development functions”.

Localism BillPage 418

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

8 In section 219(4B)(a) (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”.

5Local 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
body”) after “2008” insert “or the Greater London Authority so far as
exercising its new towns and urban development functions”.

10Housing 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 15In section 45(2) (restrictions on service charges payable after disposal of
lease: disposals to which restrictions apply) in the definition of “public
sector authority” after the entry for the Homes and Communities Agency
insert—

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) 25In subsection (2A) for the “or” at the end of paragraph (a) substitute—

(aa) the 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) 30after “Agency” insert “, the Greater London Authority”, and

(b) after “(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
35Authority”.

(7) In 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) 40after the second “Agency” insert “, the Greater London Authority”.

14 In section 151B (right to buy: mortgage for securing redemption of

Localism BillPage 419

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)
5after 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) 10In 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
15in Greater London, means the Greater London Authority.

17 In 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 20In section 458(1) (loans for acquisition or improvement of housing: minor
definitions) 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) 25the Greater London Authority, or.

21 In 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—

30or a grant from the Greater London Authority which was
a 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
35definition of “new town corporation” for the “or” at the end of paragraph (b)
substitute—

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

Previous Next

Contents page 310-319 320-329 330-339 340-349 350-359 360-368 370-379 380-389 390-399 400-409 410-419 420-429 430-439 440-449 450-454 460-467 470-478 480-487 Last page