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Make
provision about the rights and representation of housing association
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residents; to make requirements
of housing associations in relation to service |
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delivery; to make further
provision for the regulation of housing associations; |
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and for connected purposes. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled,
and by the authority of the same, as follows:— |
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“estate”
means a housing estate managed by a housing association or a
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neighbourhood in which
a housing association provides housing |
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“housing association”
means a body within the meaning of section 5(1) of |
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the Housing
Act 1985 (c. 68) (housing associations) which is
a |
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registered social landlord
within the meaning of section 5(4) (registered |
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social landlords) of that
Act; |
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“regulations”
means regulations made by the Secretary of State; |
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“tenants’
association” means the body which, in the opinion of the
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Housing Corporation, is
representative of the tenants in the estate; |
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“tenants’
jury” has such meaning as shall be prescribed in regulations. |
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(1) |
A housing association
must prepare and publish a service agreement setting |
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out the services it proposes
to provide for the tenants in each estate. |
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(2) |
A service agreement must
be approved by— |
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(a) |
the Housing Corporation,
and |
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(3) |
An approval under subsection
(2) shall cease to have effect after three years. |
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(4) |
Regulations may make further
provision about— |
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(a) |
service
agreements, and |
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(1) |
The Housing Corporation
must conduct an inspection of a housing |
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association's performance
in relation to a service agreement if it is asked to do |
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(a) |
the tenants’ association, |
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(b) |
a majority of the tenants, |
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(c) |
a majority of the councillors
representing the ward or wards in which |
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the estate is situated,
or |
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(d) |
the Housing Ombudsman, |
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unless
such an inspection has been conducted within the previous three
years. |
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(2) |
If, as a result of the
inspection, it appears to the Housing Corporation that the |
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housing association has
failed to provide the services required by the service |
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agreement, the Corporation— |
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(a) |
may take such action as
may be specified in regulations with a view to |
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bringing about the necessary
improvement in the housing association's |
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(b) |
shall conduct a further
inspection after six months. |
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(3) |
Regulations may make further
provision about the conduct of inspections. |
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(4) |
Regulations must in particular
make provision for the involvement in the |
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(a) |
the tenants’ association, |
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(c) |
the ward councillors. |
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4 |
Ballot
of transfer of management |
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(1) |
This section applies if,
as a result of an inspection under section 3(2)(b), it |
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appears to the Housing
Corporation that the housing association has |
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continued to fail to provide
the services required by the service agreement. |
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(2) |
The Housing Corporation
must conduct a ballot of tenants on the question |
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whether the management
of the estate should be transferred to a different |
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(3) |
If a majority of the votes
cast in a ballot held in accordance with subsection (2) |
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are in favour of a transfer,
the Housing Corporation shall prepare proposals for |
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the transfer of the management
of the estate to a different housing |
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(a) |
which is willing to undertake
the management of the estate, and |
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(b) |
which, in the Corporation's
opinion, is best fitted to remedy the |
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deficiencies in provision
appearing from the inspections. |
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(4) |
The Housing Corporation
must conduct a ballot of tenants on any transfer |
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proposed under subsection
(3). |
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(5) |
If a majority of the votes
cast in a ballot held in accordance with subsection (4) |
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are in favour of the proposed
transfer, the Housing Corporation shall make the |
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necessary arrangements
to give effect to it. |
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(6) |
Regulations
may make further provision about— |
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(a) |
the conduct of ballots,
and |
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(b) |
the transfer of the management
of an estate from one housing |
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(1) |
The power to make regulations
under this Act is exercisable by statutory |
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(2) |
A statutory instrument
containing regulations under this Act is subject to |
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annulment in pursuance
of a resolution of either House of Parliament. |
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There
shall be paid out of money provided by Parliament any increase
attributable to |
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this
Act in the sums payable out of money so provided under any other
enactment. |
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7 |
Short
title, commencement and extent |
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(1) |
This Act may be cited
as the Housing Association (Rights and Representation |
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(2) |
This Act shall come into
force at the end of the period of two months beginning |
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with the day on which it
is passed. |
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(3) |
This Act extends to England
and Wales only. |
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