Select Committee on Regulatory Reform Fifth Report


The Regulatory Reform Committee has agreed to the following Report:


Report under Standing Order No. 141

  1. The Regulatory Reform Committee has examined the proposal for the Regulatory Reform (Housing Management Agreements) Order 2003 in accordance with Standing Order No. 141. We have concluded that the proposal should be amended before a draft order is laid before the House.


  2. On 4 November 2002 the Government laid before Parliament the proposal for the Regulatory Reform (Housing Management Agreements) Order 2003 in the form of a draft of the order and an explanatory memorandum from the Office of the Deputy Prime Minister (the Department).[1] The proposed regulatory reform order would amend section 27 of the Housing Act 1985 so as to reduce the current burden on local authorities concerning the circumstances in which they can delegate their housing management functions. Specifically, it would allow persons or contractors to whom such functions are delegated by local housing authorities to then sub-delegate those functions. Such arrangements would allow local authorities more flexibility in performing their duties in respect of housing management.

3. The House has instructed us to examine the proposal against the criteria specified in Standing Order No. 141(6) and then, in the light of that examination, to report whether the Government should proceed, whether amendments should be made, or whether the order should not be made.[2]

4. Our discussion of matters arising from our examination is set out below. Where a criterion specified in Standing Order No. 141(6) is not discussed in this report, this indicates that we have no concerns to raise about that criterion. In order to complete our consideration of this proposal, we were obliged not only to ask for a considerable amount of further information in writing from the Department, but also subsequently to take oral evidence from one of the Ministers responsible for the proposal, Tony McNulty MP, at a joint meeting with the Committee on the Office of the Deputy Prime Minister. The Department's written response, and the transcript of the evidence session with Mr McNulty, are published with this Report.

5. The Report is in two parts. In the first part, we describe the proposal and comment on the Department's explanatory statement. The second part contains our assessment of the proposal against the Standing Order criteria.

1   Copies of the proposal are available to Members of Parliament from the Vote Office and to members of the public from the Department. The proposal is also available on the Cabinet Office web site regulation/act/proposals.htm. Back

2   Standing Order No. 141(2) Back

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