Housing and Regeneration Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Housing and Regeneration Bill

Housing and Regeneration Bill
Part 1 — The Homes and Communities Agency
Chapter 2 — Land and infrastructure
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Section 19: supplementary
(1)
The power to survey land conferred by section 19(1) includes power to search
and bore for the purpose of ascertaining—
(a)
the nature of the subsoil, or
(b)
the presence of minerals in it.
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(2)
But this is subject to subsections (3) to (5).
(3)
No person may carry out any works authorised by virtue of subsection (1)
unless notice of the person’s intention to do so was included in any notice
required by section 19(2)(b).
(4)
The authority of the appropriate Minister is required for the carrying out of any
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works authorised by virtue of subsection (1) if—
(a)
the land concerned is held by statutory undertakers, and
(b)
they object to the proposed works on the ground that the execution of
the works would be seriously detrimental to carrying on their
undertaking.
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(5)
The references in subsection (4) to the appropriate Minister, statutory
undertakers and their undertaking have the same meanings as they have in
section 325(9) of the Town and Country Planning Act 1990 (c. 8)
(supplementary provisions as to rights of entry).
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Powers to connect private streets to highways
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(1)
The HCA may serve a notice (“a connection notice”) on the local highway
authority requiring the authority to connect a private street to an existing
highway.
(2)
The notice must specify—
(a)
the private street and the existing highway,
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(b)
the works which the HCA considers to be necessary to make the
connection, and
(c)
the period within which the works should be carried out.
(3)
It does not matter for the purposes of a connection notice whether the existing
highway is, for the purposes of the Highways Act 1980 (c. 66), a highway
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maintainable at the public expense.
(4)
Before serving a connection notice, the HCA must consult the local highway
authority about the proposed contents of the notice.
(5)
The local highway authority may appeal to the Secretary of State against a
connection notice if it does so within the period of 2 months beginning with the
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day on which the notice is served.
(6)
On an appeal, the Secretary of State—
(a)
must consider any representations made to the Secretary of State by the
HCA and the local highway authority, and
(b)
must decide the appeal by setting aside, or confirming, the connection
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notice (with or without modifications).
(7)
A connection notice becomes effective—
(a)
in the absence of an appeal within the period mentioned in subsection
(5), at the end of that period,

Housing and Regeneration Bill
Part 1 — The Homes and Communities Agency
Chapter 3 — Financial provision
11

(b)
in the case of an appeal made within that period but withdrawn before
it has been decided under subsection (6)(b), at the end of the period of
21 days beginning with the day on which the Secretary of State is
notified of the withdrawal, and
(c)
in the case of a connection notice confirmed on appeal by a decision
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under subsection (6)(b), on such day as the Secretary of State may
specify in the decision.
(8)
If a connection notice becomes effective, the local highway authority—
(a)
must carry out the works specified in the notice within such period as
may be so specified, and
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(b)
may recover from the HCA the expenses reasonably incurred by the
authority in doing so.
(9)
The HCA—
(a)
may itself carry out, or complete, the works, or
(b)
arrange for another person to do so,
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if the local highway authority does not carry out the works specified in the
notice within such period as may be so specified.
(10)
In this section “local highway authority” has the same meaning as in the
Highways Act 1980 (c. 66).
Chapter 3
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Financial provision
Powers to give financial assistance
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Financial assistance
(1)
The HCA may, with the consent of the Secretary of State, give financial
assistance to any person.
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(2)
Financial assistance under this section may be given in any form.
(3)
Financial assistance under this section may, in particular, be given by way of—
(a)
grants,
(b)
loans,
(c)
guarantee or indemnity,
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(d)
investment, or
(e)
incurring expenditure for the benefit of the person assisted.
(4)
Financial assistance under this section may be given on such terms and
conditions as the HCA considers appropriate (including provision for
repayment, with or without interest).
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(5)
See also sections 35 to 38 (further provision about certain types of financial
assistance: social housing).

Housing and Regeneration Bill
Part 1 — The Homes and Communities Agency
Chapter 3 — Financial provision
12

Borrowing powers of the HCA
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Powers to borrow
(1)
The HCA may, for the purpose of what it considers to be the short-term
management of its finances, borrow from any person by way of overdraft or
otherwise.
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(2)
Subject to this, the HCA may only borrow from the Secretary of State or the
European Investment Bank.
(3)
The HCA may not borrow in currencies other than sterling.
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Loans by the Secretary of State
(1)
The Secretary of State may lend to the HCA any sums it has power to borrow from the
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Secretary of State under section 23.
(2)
In respect of loans under subsection (1), the HCA must—
(a)
repay the principal to the Secretary of State at such times, and in such
manner, as the Secretary of State may decide, and
(b)
pay interest to the Secretary of State at such times, and at such rates, as
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may be so decided.
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Guarantees by the Secretary of State
(1)
The Secretary of State may guarantee—
(a)
the repayment of the principal of any sums which the HCA borrows from a
person other than the Secretary of State, and
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(b)
the payment of interest on such sums.
(2)
Such a guarantee is to be in such manner, and on such terms and conditions, as
the Secretary of State considers appropriate.
(3)
The Secretary of State must lay a statement of any such guarantee before
Parliament immediately after giving the guarantee.
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(4)
The Secretary of State must lay before Parliament a statement relating to any
sum issued for fulfilling such a guarantee.
(5)
A statement under subsection (4) must be laid as soon as possible after the end
of each financial year—
(a)
beginning with that in which the sum is issued, and
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(b)
ending with that in which all liability in respect of the principal of the
sum guaranteed, and of interest on it, is finally discharged.
(6)
In respect of any sums issued in fulfilment of a guarantee given under this
section, the HCA must make payments to the Secretary of State—
(a)
of such amounts as the Secretary of State may direct in or towards
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repayment of those sums, and
(b)
of interest on what is outstanding in respect of those sums, at such rates
as the Secretary of State may direct.
(7)
Payments under subsection (6) must be made at such times, and in such
manner, as the Secretary of State may direct.
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Housing and Regeneration Bill
Part 1 — The Homes and Communities Agency
Chapter 3 — Financial provision
13

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Financial limits
(1)
The current borrowings of the HCA must not exceed £2,300 million.
(2)
The Secretary of State may by order amend subsection (1) so as to specify a greater
amount than that for the time being specified there.
(3)
But an order under subsection (2) may not specify an amount of more than £3,000
5
million.
(4)
In this section “current borrowings of the HCA” means—
(a)
the aggregate amount at any time of sums borrowed by the HCA under
section 23, less
(b)
repayments made, or treated as made, in respect of those sums.
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Other
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Power to charge for certain activities
(1)
The HCA may impose charges for, or in connection with, anything done by it
by virtue of section 41, 42 or 47.
(2)
Any such charges must be of such amounts as the HCA considers to be
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reasonable.
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Directions as to surplus funds
(1)
Subsection (2) applies if the Secretary of State considers that the HCA has a
surplus, whether on capital or on revenue account, after making allowance by
way of transfer to reserve or otherwise for its future requirements.
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(2)
The Secretary of State may give a direction to the HCA to pay to the Secretary of State
such sum not exceeding the amount of the surplus as may be specified in the direction.
(3)
The Secretary of State must consult the HCA before coming to a decision of the
kind mentioned in subsection (1) or giving a direction as mentioned in
subsection (2).
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(4)
The Secretary of State may decide to treat the whole or part of any payment
under subsection (2) as made—
(a)
by way of repayment of such part of the principal of loans under section
24(1), and
(b)
in respect of the repayments due at such times,
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as the Secretary of State may decide.
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Duty to act as agent in respect of regeneration and development
(1)
The Secretary of State may appoint the HCA to act as the agent of the Secretary
of State in connection with such financial assistance functions as the Secretary
of State may specify.
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(2)
In subsection (1) “financial assistance functions” means, so far as exercisable in
relation to England, functions under sections 126 to 128 of the Housing Grants,
Construction and Regeneration Act 1996 (c. 53) (financial assistance for
regeneration and development).

Housing and Regeneration Bill
Part 1 — The Homes and Communities Agency
Chapter 4 — Other functions of the HCA
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(3)
An appointment under this section is to be on such terms as the Secretary of
State may specify.
(4)
The HCA must, if appointed, act as agent in accordance with the terms of its
appointment.
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Duty to act as agent in respect of derelict land etc.
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(1)
The Secretary of State may appoint the HCA to act as the agent of the Secretary
of State in connection with such derelict land functions as the Secretary of State
may specify.
(2)
In subsection (1) “derelict land functions” means functions under—
(a)
section 1 of the Derelict Land Act 1982 (c. 42) (grants for reclaiming or
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improving land or bringing land into use), or
(b)
any enactment superseded by that section,

but excluding the powers to make orders under section 1(5) and (7) of that Act.
(3)
An appointment under this section is to be on such terms as the Secretary of
State may specify.
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(4)
The HCA must, if appointed, act as agent in accordance with the terms of its
appointment.
Chapter 4
Other functions of the HCA
General
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Business
(1)
The HCA may carry on any business.
(2)
In subsection (1) “business” includes undertaking.
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Powers to form companies etc.
The HCA may, with the consent of the Secretary of State, form, or acquire
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interests in, bodies corporate.
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Community services
(1)
The HCA may—
(a)
encourage or develop existing or new businesses,
(b)
provide employment,
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(c)
provide business or employment services,
(d)
provide safe and attractive environments,
(e)
prevent or reduce anti-social behaviour or crime,
(f)
reduce the fear of anti-social behaviour or crime,
(g)
provide—
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(i)
transport services,
(ii)
health services,

Housing and Regeneration Bill
Part 1 — The Homes and Communities Agency
Chapter 4 — Other functions of the HCA
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(iii)
social, religious or recreational services, or
(iv)
cremation or burial services, or
(h)
provide other community services.
(2)
The HCA may facilitate anything falling within paragraphs (a) to (h) of
subsection (1).
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Sustainable development
(1)
The HCA may contribute to the achievement of sustainable development.
(2)
The HCA may facilitate any contribution to the achievement of sustainable
development.
Social housing
10
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Duties in relation to social housing
(1)
Subsection (2) applies if the HCA—
(a)
acquires or constructs low cost rental accommodation, or
(b)
converts any building into any such accommodation.
(2)
The HCA must ensure that a relevant provider of low cost rental
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accommodation is the landlord of the accommodation when it is made
available for rent.
(3)
Subsection (4) applies if the HCA disposes of any housing or other land to a
person on condition that the person provides low cost rental accommodation
(whether in the same or different housing or other land).
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(4)
The HCA must impose a further condition that a relevant provider of low cost
rental accommodation is the landlord of the accommodation when it is made
available for rent.
(5)
Subsection (6) applies if the HCA provides infrastructure to a person on
condition that the person provides low cost rental accommodation.
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(6)
The HCA must impose a further condition ensuring that a relevant provider of
low cost rental accommodation is the landlord of the accommodation when it
is made available for rent.
(7)
Subsection (8) applies if the HCA is proposing to give financial assistance on
condition that the recipient provides low cost rental accommodation.
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(8)
The HCA must impose a further condition ensuring that a relevant provider of
low cost rental accommodation is the landlord of the accommodation when it
is made available for rent.
(9)
In this section—
“English local housing authority” means a local housing authority (within
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the meaning of section 1 of the Housing Act 1985 (c. 68)) but excluding
a Welsh county council or county borough council,
“low cost rental accommodation” has the meaning given by section 68,
“relevant provider of low cost rental accommodation” means a registered
provider of social housing, an English local housing authority or a
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county council in England.