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 4 — Supplementary and final provisions
117

275
Consequential amendments and repeals
(1)
Schedule 10 (which contains repeals) has effect.
(2)
The Secretary of State may by order make such supplementary, incidental or
consequential provision as the Secretary of State considers appropriate for the
general purposes, or any particular purpose, of this Act or in consequence of
5
any provision made by or under this Act or for giving full effect to this Act or
any such provision.
(3)
The power conferred by subsection (2) may, in particular, be exercised by
amending, repealing, revoking or otherwise modifying any provision made by
or under an enactment (including this Act and any Act passed in the same
10
Session as this Act).
(4)
The power conferred by subsections (2) and (3) is also exercisable by the Welsh
Ministers so far as it is exercisable in relation to matters with respect to which
functions are exercisable by the Welsh Ministers.
276
Transitional, transitory or saving provision
15
(1)
The Secretary of State may by order make such transitional, transitory or
saving provision as the Secretary of State considers appropriate in connection
with the coming into force of any provision of this Act other than a Welsh
provision.
(2)
The Welsh Ministers may by order make such transitional, transitory or saving
20
provision as the Welsh Ministers consider appropriate in connection with the
coming into force of any Welsh provision.
(3)
In this section “Welsh provision” means any provision of this Act so far as it is
to be brought into force by an order of the Welsh Ministers.
277
Financial provisions
25
(1)
There is to be paid out of money provided by Parliament—
(a)
any expenditure incurred by a Minister of the Crown by virtue of this Act, and
(b)
any increase attributable to this Act in the sums payable by virtue of any other
Act out of money so provided.
(2)
There is to be paid into the Consolidated Fund any sums received by a Minister of the
30
Crown by virtue of this Act (apart from any sums required to be paid into the National
Loans Fund).
278
Extent
(1)
Subject as follows, this Act extends to England and Wales only.
(2)
Any amendment, repeal or revocation made by this Act (other than the repeal
35
in section 5 of the Mobile Homes Act 1983 (c. 34)) has the same extent as the
provision to which it relates.
(3)
Any amendment, repeal, revocation or other modification made by virtue of an
order under section 275 has the same extent as the provision to which it relates
unless the order provides otherwise.
40

Housing and Regeneration Bill
Part 4 — Supplementary and final provisions
118

279
Commencement
(1)
Subject as follows, this Act comes into force on such day as the Secretary of
State may by order appoint; and different days may be appointed for different
purposes or different areas.
(2)
The following provisions—
5
(a)
sections 257, 262 to 264, 266, 268, 269 and 273, and
(b)
section 275(1), and Schedule 10, so far as relating to the repeals in
sections 125D(2) and 136(2) of the Housing Act 1985 (c. 68),

come into force at the end of the period of 2 months beginning with the day on
which this Act is passed.
10
(3)
Subsection (4) applies to the following provisions—
(a)
Chapter 1 of Part 3 (including Schedule 8),
(b)
sections 258, 259, 265, 270 and 272, and
(c)
section 275(1), and Schedule 10, so far as relating to the repeals in—
(i)
section 5 of the Mobile Homes Act 1983 (c. 34),
15
(ii)
section 199 of the Housing Act 1996 (c. 52),
(iii)
Schedule 6 to the Armed Forces Act 2001 (c. 19), and
(iv)
Schedule 16 to the Armed Forces Act 2006 (c. 52).
(4)
The provisions to which this subsection applies come into force—
(a)
in relation to England, on such day as the Secretary of State may by
20
order appoint; and different days may be appointed for different
purposes or different areas, and
(b)
in relation to Wales, on such day as the Welsh Ministers may by order
appoint; and different days may be appointed for different purposes or
different areas.
25
(5)
Sections 260 and 261 come into force—
(a)
in relation to England, at the end of the period of 2 months beginning
with the day on which this Act is passed, and
(b)
in relation to Wales, on such day as the Welsh Ministers may by order
appoint; and different days may be appointed for different purposes or
30
different areas.
(6)
The Secretary of State must consult the Welsh Ministers before making an
order under subsection (1) in relation to section 52(2) and Schedule 5.
(7)
Subsection (1) does not apply to sections 274, 275(2) to (4), 276, 277 and 278, this
section and section 280.
35
280
Short title
This Act may be cited as the Housing and Regeneration Act 2008.

Housing and Regeneration Bill
Schedule 1 — The Homes and Communities Agency
119

Schedules
Schedule 1
Section 1

The Homes and Communities Agency
Membership
1     (1)
The HCA is to consist of such number of members (being not less than six)
5
as the Secretary of State may from time to time appoint.
      (2)
The Secretary of State must appoint one of the members as the person with
the function of chairing the HCA.
      (3)
In appointing a person to be a member, the Secretary of State—
(a)
must have regard to the desirability of appointing a person who has
10
experience of, and has shown some capacity in, a matter relevant to
the exercise of the functions of the HCA, and
(b)
must be satisfied that the person will have no financial or other
interest likely to affect prejudicially the exercise of the person’s
functions as a member.
15
      (4)
The Secretary of State may require any person whom the Secretary of State
proposes to appoint as a member to provide such information as the
Secretary of State considers necessary for the purposes of sub-paragraph
(3)(b).
Terms of appointment of members
20
2     (1)
Subject as follows, a member of the HCA holds and vacates office in
accordance with the member’s terms of appointment.
      (2)
A member may resign by serving notice on the Secretary of State.
      (3)
A person ceases to have the function of chairing the HCA if the person—
(a)
resigns from exercising that function by serving notice on the
25
Secretary of State, or
(b)
ceases to be a member.
      (4)
A person who—
(a)
ceases to be a member, or
(b)
ceases to have the function of chairing the HCA,
30

is eligible for reappointment.
      (5)
The Secretary of State may remove a member who—
(a)
has been absent from meetings of the HCA for a period of more than
6 months without the permission of the HCA,

Housing and Regeneration Bill
Schedule 1 — The Homes and Communities Agency
120

(b)
has become bankrupt or has made an arrangement with the
member’s creditors, or
(c)
in the opinion of the Secretary of State, has failed to comply with the
member’s terms of appointment or is otherwise unable, unfit or
unsuitable to exercise the member’s functions as a member.
5
Remuneration etc: members
3     (1)
The HCA may pay to its members such remuneration and such allowances
as the Secretary of State may decide.
      (2)
The HCA may—
(a)
pay such pensions, allowances or gratuities as the Secretary of State
10
may decide to or in respect of any member or former member, or
(b)
pay such sums as the Secretary of State may decide towards the
provision for the payment of pensions, allowances or gratuities to or
in respect of any member or former member.
      (3)
Sub-paragraph (4) applies if—
15
(a)
a person ceases to be a member of the HCA, and
(b)
the Secretary of State considers that there are special circumstances
which make it appropriate for the person to receive compensation.
      (4)
The Secretary of State may require the HCA to pay the person such amount
as the Secretary of State may decide.
20
Staff
4     (1)
The HCA must appoint a person to be chief executive but may only appoint
a person who has been approved by the Secretary of State.
      (2)
The chief executive is a member of staff of the HCA.
      (3)
The HCA may appoint such number of other staff as the Secretary of State
25
may approve.
      (4)
The staff’s terms and conditions of service are to be decided by the HCA
with the approval of the Secretary of State.
      (5)
The HCA may pay to its staff such remuneration and such allowances as it
may, with the approval of the Secretary of State, decide.
30
      (6)
The HCA may—
(a)
pay such pensions, allowances or gratuities to or in respect of any
member of staff or former member of staff, or
(b)
pay such sums towards the provision for the payment of pensions,
allowances or gratuities to or in respect of any member of staff or
35
former member of staff,

as it may, with the approval of the Secretary of State, decide.
Financial provision
5
The Secretary of State may make payments to the HCA.

Housing and Regeneration Bill
Schedule 1 — The Homes and Communities Agency
121

Committees
6     (1)
The HCA may establish one or more committees.
      (2)
A committee may establish one or more sub-committees.
      (3)
A member, or member of staff, of the HCA may be a member of a committee
or sub-committee.
5
      (4)
Other persons may be members of committees or sub-committees but only
with the approval, in each case, of the Secretary of State.
      (5)
No committee or sub-committee may consist exclusively of other persons.
      (6)
The members of a sub-committee of a committee may include persons who
are not members of the committee.
10
      (7)
The HCA may pay such remuneration and such allowances as the Secretary
of State may decide to any person who—
(a)
is a member of a committee or sub-committee, but
(b)
is neither a member nor member of staff of the HCA.
      (8)
The HCA may dissolve a committee or sub-committee.
15
Procedure and members’ interests
7     (1)
The HCA may, subject to any directions given by the Secretary of State,
decide—
(a)
its own procedure, and
(b)
the procedure of any of its committees or sub-committees.
20
      (2)
Subject to this, a committee may decide the procedure of any of its sub-
committees.
      (3)
Subject as above, a committee or sub-committee may decide its own
procedure.
      (4)
In this paragraph “procedure” includes quorum.
25
8
The validity of proceedings of the HCA, or of any of its committees or sub-
committees, is not affected by—
(a)
any vacancy,
(b)
any defective appointment, or
(c)
any contravention of—
30
(i)
directions given as mentioned in paragraph 7(1), or
(ii)
paragraph 9.
9     (1)
A member of the HCA who is directly or indirectly interested in any matter
arising at a meeting of the HCA must disclose the nature of that interest to
the meeting.
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      (2)
A member of a committee or sub-committee of the HCA who is directly or
indirectly interested in any matter arising at a meeting of the committee or
sub-committee must disclose the nature of that interest to the meeting.
      (3)
In the case of a matter disclosed under this paragraph by a member of the
HCA or of a committee or sub-committee, the member—
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Housing and Regeneration Bill
Schedule 1 — The Homes and Communities Agency
122

(a)
must not take part in any deliberation or decision about the matter if
it is a contract or agreement of any description, but
(b)
may otherwise take part in any deliberation or decision about the
matter unless at least one-third of the other members at the meeting
decide that the interest disclosed might prejudicially affect the
5
member’s consideration of the matter.
Delegation
10
The HCA may delegate any of its functions to any of its members,
committees, sub-committees or staff.
Reports, accounts etc.
10
11    (1)
For each financial year, the HCA must—
(a)
prepare an annual report on how it has exercised its functions during
the year, and
(b)
send a copy of the report to the Secretary of State within such period
as the Secretary of State may direct.
15
      (2)
The Secretary of State must lay before Parliament a copy of each report
received under sub-paragraph (1).
12    (1)
The HCA must keep proper accounts and proper records in relation to the
accounts.
      (2)
For each financial year, the HCA must—
20
(a)
prepare a statement of accounts in respect of that financial year, and
(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.
      (3)
The statement must be in such form as the Secretary of State may direct.
25
      (4)
The Comptroller and Auditor General must—
(a)
examine, certify and report on the statement, and
(b)
send a copy of the certified statement and of the report to the
Secretary of State as soon as possible.
      (5)
The Secretary of State must lay before Parliament a copy of each statement
30
and report received under sub-paragraph (4).
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
exercise or proposed exercise of its functions.
      (2)
The HCA must—
35
(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
State may require.
Supplementary and transitional provisions
40
14    (1)
The application of the seal of the HCA must be authenticated by the
signature of—

Housing and Regeneration Bill
Schedule 2 — Acquisition of land
Part 1 — Compulsory acquisition of land
123

(a)
a member of the HCA who is authorised (generally or specifically)
for that purpose, or
(b)
a member of staff of the HCA who is so authorised.
      (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.
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
10
of, the Crown.
16
The HCA is a public body for the purposes of the Prevention of Corruption
Acts 1889 to 1916.
17
The Secretary of State (instead of the HCA) may—
(a)
appoint the first chief executive, and
15
(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
appointment.
Schedule 2
Section 9(6)

Acquisition of land
20
Part 1
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.
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.
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