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Housing Bill


Housing Bill
Part 6 — Other provisions about housing
Chapter 4 — Miscellaneous

139

 

Registered social landlords

184     

Amendments relating to registered social landlords

Schedule 8 (which makes amendments relating to registered social landlords)

has effect.

185     

Disclosure of information to registered social landlords for the purposes of

5

the Crime and Disorder Act 1998

In section 115(2) of the Crime and Disorder Act 1998 (c. 37) after paragraph (d)

insert—

“(da)   

a person registered under section 1 of the Housing Act 1996 as

a social landlord;”.

10

Grants for social housing

186     

Additional power to give grants for social housing

After section 27 of the Housing Act 1996 (c. 52) insert—

“Grants to bodies other than registered social landlords

27A Grants to bodies other than registered social landlords

15

(1)   

The Relevant Authority may make grants under this section to

companies that are not registered social landlords.

(2)   

Grants under this section are grants for any of the following purposes—

(a)   

acquiring, or repairing and improving, or creating by the

conversion of houses or other property, houses to be disposed

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of—

(i)   

under equity percentage arrangements, or

(ii)   

on shared ownership terms;

(b)   

constructing houses to be disposed of—

(i)   

under equity percentage arrangements, or

25

(ii)   

on shared ownership terms;

(c)   

providing loans to be secured by mortgages to assist persons to

acquire houses for their own occupation;

(d)   

providing, constructing or improving houses to be kept

available for letting;

30

(e)   

providing, constructing or improving houses for letting that are

to be managed by such registered social landlords, and under

arrangements containing such terms, as are approved by the

Relevant Authority;

(f)   

such other purposes as may be specified in an order under

35

subsection (3).

(3)   

The Secretary of State may by order make such provision in connection

with the making of grants under this section as he considers

appropriate.

(4)   

An order under subsection (3) may, in particular, make provision—

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Housing Bill
Part 6 — Other provisions about housing
Chapter 4 — Miscellaneous

140

 

(a)   

defining “equity percentage arrangements” for the purposes of

this section;

(b)   

specifying or describing the bodies from whom loans may be

obtained by persons wishing to acquire houses for their own

occupation;

5

(c)   

dealing with the priority of mortgages entered into by such

persons;

(d)   

specifying purposes additional to those mentioned in

subsection (2)(a) to (e).

(5)   

The Relevant Authority shall specify in relation to grants under this

10

section—

(a)   

the procedure to be followed in relation to applications for

grant,

(b)   

the circumstances in which grant is or is not to be payable,

(c)   

the method for calculating, and any limitations on, the amount

15

of the grant, and

(d)   

the manner in which, and the time or times at which, grant is to

be paid.

(6)   

In making a grant to a company under this section the Relevant

Authority may provide that the grant is conditional on compliance by

20

the company with such conditions as the Authority may specify.

(7)   

The conditions that may be so specified include conditions requiring

the payment to the Relevant Authority in specified circumstances of a

sum determined by the Authority (with or without interest).

(8)   

An order under subsection (3) shall be made by statutory instrument

25

which shall be subject to annulment in pursuance of a resolution of

either House of Parliament.

(9)   

In this section—

   

“company” means—

(a)   

a company registered under the Companies Act 1985

30

(including such a company which is also a registered

charity), or

(b)   

a company not so registered which is established by a

local housing authority for the purpose of exercising

management functions of the authority under section 27

35

of the Housing Act 1985;

   

“disposed of on shared ownership terms” has the meaning given

by section 2(6);

   

“letting” includes the grant of a licence to occupy.”

Disabled facilities grant

40

187     

Disabled facilities grant: caravans

(1)   

The Housing Grants, Construction and Regeneration Act 1996 (c. 53) is

amended as follows.

(2)   

In section 1(1)(c)(i) (grants in relation to qualifying park homes) for “qualifying

park homes” substitute “caravans”.

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Housing Bill
Part 6 — Other provisions about housing
Chapter 4 — Miscellaneous

141

 

(3)   

In section 19(1) (applications for grants) for paragraph (c) substitute—

“(c)   

that the applicant is an occupier (alone or jointly with others) of

a qualifying houseboat or a caravan and, in the case of a

caravan, that at the time the application was made the caravan

was stationed on land within the authority’s area.”

5

(4)   

In section 22A (certificates required in case of occupier’s application)—

(a)   

for “qualifying park home” in subsection (2)(b) and (3)(a) and (b)

substitute “caravan”, and

(b)   

for “pitch” in subsection (3)(a) substitute “land”.

(5)   

In the following provisions for “qualifying park home” substitute “caravan”—

10

(a)   

section 23(1)(a)(i), (b)(i), (i) and (k) (purposes of grant);

(b)   

section 24(3)(b)(i) (approval of application);

(c)   

section 29(3) (restriction on grants for works already begun);

(d)   

section 41(1)(b) (change of circumstances).

(6)   

In section 57(2)(a) (power of authority to carry out works)—

15

(a)   

for “qualifying park home”, in each place where it occurs, substitute

“caravan”, and

(b)   

for “pitch” in sub-paragraph (i) substitute “land”.

(7)   

In section 58 (minor definitions for the purposes of Chapter 1 of Part 1)—

(a)   

before the definition of “common parts” insert—

20

   

““caravan”—

(a)   

means a caravan within the meaning of Part 1 of the

Caravan Sites and Control of Development Act 1960

(disregarding the amendment made by section 13(2)

of the Caravan Sites Act 1968); and

25

(b)   

includes any yard, garden, outhouses and

appurtenances belonging to it or usually enjoyed with

it;” and

(b)   

for “qualifying park home” in the definition of “premises” substitute

“caravan”, and

30

(c)   

omit the definition of “qualifying park home”.

(8)   

In section 59 (index of defined expressions)—

(a)   

before the entry relating to “certified date” insert—

 

“caravan

section 58”; and

 

(b)   

omit the entry relating to “qualifying park home”.

35

(9)   

The amendments made by this section do not apply in relation to any

application for a disabled facilities grant under the Housing Grants,

Construction and Regeneration Act 1996 (c. 53) that is made before the day on

which this section comes into force.

 

 

Housing Bill
Part 6 — Other provisions about housing
Chapter 4 — Miscellaneous

142

 

Annual reports by local housing authorities

188     

Removal of duty on local housing authorities to send annual reports to

tenants etc.

Omit section 167 of the Local Government and Housing Act 1989 (c. 42) (duty

of local housing authorities to send annual reports to tenants).

5

Social Housing Ombudsman for Wales

189     

Social Housing Ombudsman for Wales

(1)   

After subsection (6) of section 51 of the Housing Act 1996 (c. 52) (schemes for

investigation of housing complaints) insert—

“(7)    

This section shall not apply in relation to social landlords in Wales

10

(within the meaning given by section 51C).”

(2)   

After that section insert—

“51A    

Social Housing Ombudsman for Wales

(1)   

For the purpose of the investigation of complaints made about social

landlords in Wales, there shall be an office of Social Housing

15

Ombudsman for Wales or Ombwdsmon Tai Cymdeithasol Cymru.

(2)   

The person who is the Local Commissioner for Wales shall also be the

Social Housing Ombudsman for Wales.

(3)   

If there is more than one person who is a Local Commissioner for

Wales, the Commission for Local Administration in Wales shall

20

designate one of them to be the Social Housing Ombudsman for Wales.

(4)   

If a person who is the Social Housing Ombudsman for Wales ceases to

be a Local Commissioner for Wales, he shall cease to be the Social

Housing Ombudsman for Wales.

(5)   

The power under section 23(6) of the Local Government Act 1974 to

25

remove a Local Commissioner for Wales from office on grounds of

incapacity or misbehaviour includes a power to remove him from that

office on grounds of incapacity or misbehaviour which are exclusively

or partly relevant to the office of Social Housing Ombudsman for

Wales.

30

(6)   

“Local Commissioner for Wales” shall be construed in accordance with

section 23 of the Local Government Act 1974.

(7)   

Schedule 2A (which contains further provision about the Social

Housing Ombudsman for Wales) shall have effect.

51B     

Investigation of complaints

35

(1)   

The National Assembly for Wales may by regulations make provision

about the investigation by the Social Housing Ombudsman for Wales

of complaints made about social landlords in Wales.

(2)   

Regulations under subsection (1) may in particular make provision

about—

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Housing Bill
Part 6 — Other provisions about housing
Chapter 4 — Miscellaneous

143

 

(a)   

the matters about which complaints may be made;

(b)   

the grounds on which a matter may be excluded from

investigation, including that the matter is the subject of court

proceedings or was the subject of court proceedings where

judgment on the merits was given;

5

(c)   

the description of individual who may make a complaint;

(d)   

a power of the Social Housing Ombudsman for Wales to

investigate any complaint duly made (whether the complaint is

subsequently withdrawn or not), and, where he investigates,

the making of a determination;

10

(e)   

a power of the Social Housing Ombudsman for Wales to

propose alternative methods of resolving a dispute;

(f)   

the powers of the Social Housing Ombudsman for Wales for the

purposes of his investigations (including powers to consult and

co-operate with other persons), and the procedure to be

15

followed in the conduct of investigations;

(g)   

the powers of the Social Housing Ombudsman for Wales on

making a determination, which may include power—

(i)   

to make recommendations as to action to be taken to

remedy any injustice to the person aggrieved and to

20

prevent any similar injustice being caused in the future,

(ii)   

to make orders with regard to the payment of

compensation or to order that a person is not to exercise,

or require the performance of, certain rights or

obligations, and

25

(iii)   

to publish statements, or to make orders requiring the

publication of statements, that a person has failed to

comply with an order mentioned in sub-paragraph (ii);

(h)   

the manner in which determinations are to be—

(i)   

communicated to the complainant and the person

30

against whom the complaint was made; and

(ii)   

published (with or without excisions).

(3)   

Regulations under this section may contain such supplementary,

incidental, consequential or transitional provisions and savings as the

National Assembly for Wales considers appropriate.

35

(4)   

Regulations under this section may make different provision for

different cases or descriptions of case.

(5)   

Regulations under this section shall be made by statutory instrument.

51C     

Meaning of “social landlord in Wales”

(1)   

“Social landlord in Wales” means—

40

(a)   

a body which is registered as a social landlord in the register

maintained by the National Assembly for Wales under section

1 of this Act;

(b)   

a body which was at any time registered as a social landlord in

that register (or in the register previously maintained under that

45

section by the Secretary of State or Housing for Wales); and

(c)   

any other body which was at any time registered with Housing

for Wales, the Secretary of State or the National Assembly for

Wales and which owns or manages publicly-funded dwellings.

 

 

Housing Bill
Part 7 — Supplementary and final provisions

144

 

(2)   

In subsection (1)(c) a “publicly-funded” dwelling means a dwelling

which was—

(a)   

provided by means of a grant under—

(i)   

section 18 of this Act (social housing grant); or

(ii)   

section 50 of the Housing Act 1988, section 41 of the

5

Housing Associations Act 1985, or section 29 or 29A of

the Housing Act 1974 (housing association grant); or

(b)   

acquired on a disposal by a public sector landlord.

(3)   

The National Assembly for Wales may by order made by statutory

instrument add to or amend the descriptions of landlords who are to be

10

treated as social landlords in Wales.

(4)   

Before making any such order the National Assembly for Wales shall

consult such persons as it considers appropriate.

(5)   

Any such order may contain such supplementary, incidental,

consequential or transitional provisions and savings as the National

15

Assembly for Wales considers appropriate.”

(3)   

After Schedule 2 to that Act there is inserted, as Schedule 2A, the Schedule set

out in Schedule 9 to this Act.

(4)   

In Schedule 4 to the Local Government Act 1974 (c. 7), in paragraph 1(3)

(validity of acts despite disqualification for being appointed as, or for being, a

20

Local Commissioner) after “office” there is inserted “or in the office of Social

Housing Ombudsman for Wales”.

Part 7

Supplementary and final provisions

Residential property tribunals

25

190     

Residential property tribunals

(1)   

Any jurisdiction conferred on a residential property tribunal by or under any

enactment is exercisable by a rent assessment committee constituted in

accordance with Schedule 10 to the Rent Act 1977 (c. 42).

(2)   

When so constituted for exercising any such jurisdiction a rent assessment

30

committee is known as a residential property tribunal.

(3)   

The appropriate national authority may by order make provision for and in

connection with conferring on residential property tribunals, in relation to

such matters as are specified in the order, such jurisdiction as is so specified.

(4)   

An order under subsection (3) may modify an enactment (including this Act).

35

(5)   

Schedule 10 (Residential property tribunals: procedure) has effect.

191     

Appeals from residential property tribunals

(1)   

A party to proceedings before a residential property tribunal may appeal to the

Lands Tribunal from a decision of the residential property tribunal.

(2)   

But the appeal may only be made—

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Housing Bill
Part 7 — Supplementary and final provisions

145

 

(a)   

with the permission of the residential property tribunal or the Lands

Tribunal, and

(b)   

within the time specified by rules under section 3(6) of the Lands

Tribunal Act 1949 (c. 42).

(3)   

On the appeal—

5

(a)   

the Lands Tribunal may exercise any power which was available to the

residential property tribunal, and

(b)   

a decision of the Lands Tribunal may be enforced in the same way as a

decision of the residential property tribunal.

(4)   

Section 11(1) of the Tribunals and Inquiries Act 1992 (c. 53) (appeals from

10

certain tribunals to High Court) does not apply to any decision of a residential

property tribunal.

(5)   

For the purposes of section 3(4) of the Lands Tribunal Act 1949 (c. 42) (which

enables a person aggrieved by a decision of the Lands Tribunal to appeal to the

Court of Appeal) a residential property tribunal is not to be regarded as an

15

aggrieved person.

Register of licences and management orders

192     

Register of licences and management orders

(1)   

Every local housing authority must establish and maintain a register of—

(a)   

all licences granted by them under Part 2 or 3 which are in force;

20

(b)   

all temporary exemption notices served by them under section 61 or

section 83 which are in force; and

(c)   

all interim and final management orders made by them under Part 4

which are in force.

(2)   

The register may, subject to any requirements that may be prescribed, be in

25

such form as the authority consider appropriate.

(3)   

Each entry in the register is to contain such particulars as may be prescribed.

(4)   

The authority must ensure that the contents of the register are available at the

authority’s head office for inspection by members of the public at all

reasonable times.

30

(5)   

If requested by a person to do so and subject to payment of such reasonable fee

(if any) as the authority may determine, a local housing authority must supply

the person with a copy (certified to be true) of the register or of an extract from

it.

(6)   

A copy so certified is prima facie evidence of the matters mentioned in it.

35

(7)   

In this section “prescribed” means prescribed by regulations made by the

appropriate national authority.

Codes of practice and management regulations relating to HMOs

193     

Approval of codes of practice with regard to the management of HMOs

(1)   

The appropriate national authority may by order—

40

 

 

 
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