The Regulatory Reform Committee has agreed
to the following Report:
PROPOSAL FOR THE REGULATORY REFORM (HOUSING
MANAGEMENT AGREEMENTS) ORDER 2003
Report under Standing Order No.
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).
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.
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 http://www.cabinet-office.gov.uk/
Standing Order No. 141(2) Back