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275 | Consequential amendments and repeals |
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(1) | Schedule 10 (which contains repeals) has effect. |
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(2) | The Secretary of State may by order make such supplementary, incidental or |
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consequential provision as the Secretary of State considers appropriate for the |
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general purposes, or any particular purpose, of this Act or in consequence of |
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any provision made by or under this Act or for giving full effect to this Act or |
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(3) | The power conferred by subsection (2) may, in particular, be exercised by |
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amending, repealing, revoking or otherwise modifying any provision made by |
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or under an enactment (including this Act and any Act passed in the same |
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(4) | The power conferred by subsections (2) and (3) is also exercisable by the Welsh |
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Ministers so far as it is exercisable in relation to matters with respect to which |
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functions are exercisable by the Welsh Ministers. |
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276 | Transitional, transitory or saving provision |
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(1) | The Secretary of State may by order make such transitional, transitory or |
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saving provision as the Secretary of State considers appropriate in connection |
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with the coming into force of any provision of this Act other than a Welsh |
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(2) | The Welsh Ministers may by order make such transitional, transitory or saving |
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provision as the Welsh Ministers consider appropriate in connection with the |
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coming into force of any Welsh provision. |
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(3) | In this section “Welsh provision” means any provision of this Act so far as it is |
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to be brought into force by an order of the Welsh Ministers. |
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(1) | There is to be paid out of money provided by Parliament— |
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(a) | any expenditure incurred by a Minister of the Crown by virtue of this Act, and |
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(b) | any increase attributable to this Act in the sums payable by virtue of any other |
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Act out of money so provided. |
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(2) | There is to be paid into the Consolidated Fund any sums received by a Minister of the |
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Crown by virtue of this Act (apart from any sums required to be paid into the National |
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(1) | Subject as follows, this Act extends to England and Wales only. |
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(2) | Any amendment, repeal or revocation made by this Act (other than the repeal |
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in section 5 of the Mobile Homes Act 1983 (c. 34)) has the same extent as the |
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provision to which it relates. |
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(3) | Any amendment, repeal, revocation or other modification made by virtue of an |
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order under section 275 has the same extent as the provision to which it relates |
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unless the order provides otherwise. |
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(1) | Subject as follows, this Act comes into force on such day as the Secretary of |
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State may by order appoint; and different days may be appointed for different |
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purposes or different areas. |
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(2) | The following provisions— |
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(b) | section 275(1), and Schedule 10, so far as relating to the repeals in |
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sections 125D(2) and 136(2) of the Housing Act 1985 (c. 68), |
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| come into force at the end of the period of 2 months beginning with the day on |
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which this Act is passed. |
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(3) | Subsection (4) applies to the following provisions— |
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(a) | Chapter 1 of Part 3 (including Schedule 8), |
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(c) | section 275(1), and Schedule 10, so far as relating to the repeals in— |
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(i) | section 5 of the Mobile Homes Act 1983 (c. 34), |
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(ii) | section 199 of the Housing Act 1996 (c. 52), |
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(iii) | Schedule 6 to the Armed Forces Act 2001 (c. 19), and |
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(iv) | Schedule 16 to the Armed Forces Act 2006 (c. 52). |
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(4) | The provisions to which this subsection applies come into force— |
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(a) | in relation to England, on such day as the Secretary of State may by |
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order appoint; and different days may be appointed for different |
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purposes or different areas, and |
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(b) | in relation to Wales, on such day as the Welsh Ministers may by order |
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appoint; and different days may be appointed for different purposes or |
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(5) | Sections 260 and 261 come into force— |
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(a) | in relation to England, at the end of the period of 2 months beginning |
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with the day on which this Act is passed, and |
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(b) | in relation to Wales, on such day as the Welsh Ministers may by order |
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appoint; and different days may be appointed for different purposes or |
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(6) | The Secretary of State must consult the Welsh Ministers before making an |
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order under subsection (1) in relation to section 52(2) and Schedule 5. |
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(7) | Subsection (1) does not apply to sections 274, 275(2) to (4), 276, 277 and 278, this |
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This Act may be cited as the Housing and Regeneration Act 2008. |
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The Homes and Communities Agency |
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1 (1) | The HCA is to consist of such number of members (being not less than six) |
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as the Secretary of State may from time to time appoint. |
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(2) | The Secretary of State must appoint one of the members as the person with |
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the function of chairing the HCA. |
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(3) | In appointing a person to be a member, the Secretary of State— |
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(a) | must have regard to the desirability of appointing a person who has |
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experience of, and has shown some capacity in, a matter relevant to |
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the exercise of the functions of the HCA, and |
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(b) | must be satisfied that the person will have no financial or other |
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interest likely to affect prejudicially the exercise of the person’s |
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(4) | The Secretary of State may require any person whom the Secretary of State |
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proposes to appoint as a member to provide such information as the |
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Secretary of State considers necessary for the purposes of sub-paragraph |
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Terms of appointment of members |
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2 (1) | Subject as follows, a member of the HCA holds and vacates office in |
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accordance with the member’s terms of appointment. |
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(2) | A member may resign by serving notice on the Secretary of State. |
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(3) | A person ceases to have the function of chairing the HCA if the person— |
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(a) | resigns from exercising that function by serving notice on the |
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(b) | ceases to be a member. |
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(a) | ceases to be a member, or |
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(b) | ceases to have the function of chairing the HCA, |
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| is eligible for reappointment. |
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(5) | The Secretary of State may remove a member who— |
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(a) | has been absent from meetings of the HCA for a period of more than |
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6 months without the permission of the HCA, |
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(b) | has become bankrupt or has made an arrangement with the |
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(c) | in the opinion of the Secretary of State, has failed to comply with the |
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member’s terms of appointment or is otherwise unable, unfit or |
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unsuitable to exercise the member’s functions as a member. |
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Remuneration etc: members |
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3 (1) | The HCA may pay to its members such remuneration and such allowances |
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as the Secretary of State may decide. |
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(a) | pay such pensions, allowances or gratuities as the Secretary of State |
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may decide to or in respect of any member or former member, or |
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(b) | pay such sums as the Secretary of State may decide towards the |
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provision for the payment of pensions, allowances or gratuities to or |
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in respect of any member or former member. |
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(3) | Sub-paragraph (4) applies if— |
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(a) | a person ceases to be a member of the HCA, and |
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(b) | the Secretary of State considers that there are special circumstances |
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which make it appropriate for the person to receive compensation. |
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(4) | The Secretary of State may require the HCA to pay the person such amount |
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as the Secretary of State may decide. |
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4 (1) | The HCA must appoint a person to be chief executive but may only appoint |
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a person who has been approved by the Secretary of State. |
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(2) | The chief executive is a member of staff of the HCA. |
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(3) | The HCA may appoint such number of other staff as the Secretary of State |
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(4) | The staff’s terms and conditions of service are to be decided by the HCA |
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with the approval of the Secretary of State. |
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(5) | The HCA may pay to its staff such remuneration and such allowances as it |
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may, with the approval of the Secretary of State, decide. |
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(a) | pay such pensions, allowances or gratuities to or in respect of any |
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member of staff or former member of staff, or |
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(b) | pay such sums towards the provision for the payment of pensions, |
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allowances or gratuities to or in respect of any member of staff or |
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| as it may, with the approval of the Secretary of State, decide. |
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5 | The Secretary of State may make payments to the HCA. |
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6 (1) | The HCA may establish one or more committees. |
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(2) | A committee may establish one or more sub-committees. |
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(3) | A member, or member of staff, of the HCA may be a member of a committee |
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(4) | Other persons may be members of committees or sub-committees but only |
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with the approval, in each case, of the Secretary of State. |
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(5) | No committee or sub-committee may consist exclusively of other persons. |
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(6) | The members of a sub-committee of a committee may include persons who |
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are not members of the committee. |
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(7) | The HCA may pay such remuneration and such allowances as the Secretary |
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of State may decide to any person who— |
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(a) | is a member of a committee or sub-committee, but |
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(b) | is neither a member nor member of staff of the HCA. |
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(8) | The HCA may dissolve a committee or sub-committee. |
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Procedure and members’ interests |
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7 (1) | The HCA may, subject to any directions given by the Secretary of State, |
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(a) | its own procedure, and |
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(b) | the procedure of any of its committees or sub-committees. |
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(2) | Subject to this, a committee may decide the procedure of any of its sub- |
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(3) | Subject as above, a committee or sub-committee may decide its own |
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(4) | In this paragraph “procedure” includes quorum. |
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8 | The validity of proceedings of the HCA, or of any of its committees or sub- |
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committees, is not affected by— |
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(b) | any defective appointment, or |
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(c) | any contravention of— |
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(i) | directions given as mentioned in paragraph 7(1), or |
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9 (1) | A member of the HCA who is directly or indirectly interested in any matter |
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arising at a meeting of the HCA must disclose the nature of that interest to |
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(2) | A member of a committee or sub-committee of the HCA who is directly or |
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indirectly interested in any matter arising at a meeting of the committee or |
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sub-committee must disclose the nature of that interest to the meeting. |
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(3) | In the case of a matter disclosed under this paragraph by a member of the |
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HCA or of a committee or sub-committee, the member— |
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(a) | must not take part in any deliberation or decision about the matter if |
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it is a contract or agreement of any description, but |
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(b) | may otherwise take part in any deliberation or decision about the |
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matter unless at least one-third of the other members at the meeting |
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decide that the interest disclosed might prejudicially affect the |
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member’s consideration of the matter. |
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10 | The HCA may delegate any of its functions to any of its members, |
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committees, sub-committees or staff. |
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11 (1) | For each financial year, the HCA must— |
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(a) | prepare an annual report on how it has exercised its functions during |
| |
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(b) | send a copy of the report to the Secretary of State within such period |
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as the Secretary of State may direct. |
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(2) | The Secretary of State must lay before Parliament a copy of each report |
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received under sub-paragraph (1). |
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12 (1) | The HCA must keep proper accounts and proper records in relation to the |
| |
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(2) | For each financial year, the HCA must— |
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(a) | prepare a statement of accounts in respect of that financial year, and |
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(b) | send copies of the statement to the Secretary of State and the |
| |
Comptroller and Auditor General within such period as the |
| |
Secretary of State may direct. |
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(3) | The statement must be in such form as the Secretary of State may direct. |
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(4) | The Comptroller and Auditor General must— |
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(a) | examine, certify and report on the statement, and |
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(b) | send a copy of the certified statement and of the report to the |
| |
Secretary of State as soon as possible. |
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(5) | The Secretary of State must lay before Parliament a copy of each statement |
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and report received under sub-paragraph (4). |
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13 (1) | The HCA must provide the Secretary of State with such information as the |
| |
Secretary of State may require relating to the HCA’s property or to the |
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exercise or proposed exercise of its functions. |
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(a) | permit any person authorised by the Secretary of State to inspect and |
| |
make copies of any accounts or other documents of the HCA, and |
| |
(b) | provide such explanation of them as that person or the Secretary of |
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Supplementary and transitional provisions |
| 40 |
14 (1) | The application of the seal of the HCA must be authenticated by the |
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(a) | a member of the HCA who is authorised (generally or specifically) |
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(b) | a member of staff of the HCA who is so authorised. |
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(2) | A document purporting to be duly executed under the seal of the HCA, or |
| |
signed on its behalf, is to be received in evidence and, unless the contrary is |
| 5 |
proved, is to be treated as so executed or signed. |
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15 | The HCA is not to be regarded— |
| |
(a) | as a servant or agent of the Crown, or |
| |
(b) | as enjoying any status, immunity or privilege of the Crown, |
| |
| and its property is not to be regarded as property of, or held for or on behalf |
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16 | The HCA is a public body for the purposes of the Prevention of Corruption |
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17 | The Secretary of State (instead of the HCA) may— |
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(a) | appoint the first chief executive, and |
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(b) | determine the terms and conditions of service as a member of staff of |
| |
the HCA which are applicable to the first chief executive on |
| |
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Compulsory acquisition of land |
| |
Application of Acquisition of Land Act 1981 (c. 67) |
| |
1 (1) | The Acquisition of Land Act 1981 applies to the compulsory acquisition of |
| |
land under section 9 with the following modification. |
| 25 |
(2) | The reference in section 17(3) of that Act (local authority and statutory |
| |
undertakers’ land) to statutory undertakers includes a reference to the HCA. |
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2 (1) | Schedule 3 to the Act of 1981 applies to the compulsory acquisition of new |
| |
rights under section 9 with the following modification. |
| |
(2) | The reference in paragraph 4(3) of that Schedule to statutory undertakers |
| 30 |
includes a reference to the HCA. |
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Extinguishment of private rights of way etc. |
| |
3 (1) | Sub-paragraph (2) applies where the HCA completes the compulsory |
| |
acquisition of land under this Part of this Act. |
| |
(2) | On completion of the acquisition— |
| 35 |
(a) | all private rights of way on, under or over the land are extinguished, |
| |
(b) | all rights of laying down, erecting, continuing or maintaining any |
| |
apparatus on, under or over the land are extinguished, and |
| |
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|