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 4 — Other functions of the HCA
16

36
Recovery etc. of social housing assistance
(1)
The HCA may, in such events as it may determine, exercise the powers
conferred by subsections (2) to (4) in relation to a person who has received
social housing assistance.
(2)
The HCA may reduce any grant payable by it or restrict any other social
5
housing assistance due from it.
(3)
The HCA may suspend or cancel any instalment of any grant payable by it or
any aspect of any other social housing assistance due from it.
(4)
The HCA may direct the recipient of the social housing assistance to—
(a)
apply or appropriate for such purposes as the HCA may specify, or
10
(b)
pay to the HCA,

such amount as the HCA may specify.
(5)
In exercising its powers under subsections (2) to (4) the HCA must act in
accordance with such principles as it has determined.
(6)
A person who has received social housing assistance must notify the HCA if an
15
event of a kind determined by the HCA under subsection (1) occurs after the
assistance has been given.
(7)
Such a person must, if required by notice of the HCA, supply the HCA with
such particulars of, and information relating to, the event as are specified in the
notice.
20
(8)
In this Part—
“social housing” has the same meaning as in Part 2,
“social housing assistance” means financial assistance given under section
22 on condition that the recipient provides social housing (whether by
itself or as part of a wider project).
25
37
Section 36: interest and successors in title
(1)
A direction by the HCA under section 36(4) may require the application,
appropriation or payment of an amount with interest.
(2)
Any such direction must specify—
(a)
the applicable rate or rates of interest (whether fixed or variable),
30
(b)
the date from which interest is payable, and
(c)
any provision for suspended or reduced interest which is applicable.
(3)
The date specified under subsection (2)(b) must not be earlier than the date of
the event giving rise to the power to give a direction.
(4)
In subsection (2)(c)—
35
(a)
provision for suspended interest means provision to the effect that if
the principal amount is applied, appropriated or paid before a date
specified in the direction, no interest will be payable for any period
after the date of the direction, and
(b)
provision for reduced interest means provision to the effect that if the
40
principal amount is so applied, appropriated or paid, any interest
payable will be payable at a rate or rates lower than the rate or rates
which would otherwise be applicable.

Housing and Regeneration Bill
Part 1 — The Homes and Communities Agency
Chapter 4 — Other functions of the HCA
17

(5)
Subsection (6) applies if—
(a)
social housing assistance has been given to a person, and
(b)
at any time the social housing provided as a result of the assistance
becomes vested in, or is leased for a term of years to, or reverts to,
another person.
5
(6)
Section 36 and this section (including this subsection) have effect in relation to
periods after that time as if the assistance, or such element of it as may be
determined by the HCA to be appropriate, had been given to that other person.
(7)
The matters specified in a direction under subsection (2)(a) to (c), and the
element mentioned in subsection (6), are to be—
10
(a)
such as the HCA, acting in accordance with such principles as it may
determine, may specify as being appropriate, or
(b)
such as the HCA may determine to be appropriate in the particular
case.
38
Determinations under sections 36 and 37
15
(1)
The HCA must not make a general determination under section 36 or 37
without the consent of the Secretary of State.
(2)
Before making such a determination, the HCA must consult—
(a)
the Regulator of Social Housing, and
(b)
such other persons as it considers appropriate.
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(3)
Subsection (4) applies if a general determination under section 36 or 37 about
relevant events relates to social housing assistance given to a registered
provider of social housing.
(4)
The HCA must, in particular, consult such bodies appearing to it to represent
the interests of registered providers of social housing as it considers
25
appropriate.
(5)
The HCA must publish a general determination made under section 36 or 37 in
such manner as it considers appropriate for bringing the determination to the
attention of those affected by it.
(6)
A general determination of the HCA under section 36 or 37 may make different
30
provision for different cases or descriptions of case (including different
provision for different areas).
(7)
For the purposes of subsection (6) descriptions may be framed by reference to
any matters whatever.
(8)
A determination of the HCA under section 36 or 37 may be varied or revoked
35
by it.
(9)
In this section—
“general determination” means a determination which does not relate
solely to a particular case,
“relevant event” means an event of a kind determined by the HCA under
40
section 36(1).

Housing and Regeneration Bill
Part 1 — The Homes and Communities Agency
Chapter 4 — Other functions of the HCA
18

39
Information in relation to social housing
(1)
The Secretary of State may by order provide for the HCA to supply such
information about—
(a)
which accommodation provided directly or indirectly by it is to be
social housing,
5
(b)
the type of social housing to be so provided, and
(c)
the consequences of it being social housing,

as may be specified or described in the order.
(2)
An order under this section may, in particular, provide for—
(a)
the person or persons to whom the information is to be provided,
10
(b)
the time at which, or period or frequency within which, the information
is to be provided,
(c)
the form and manner in which the information is to be provided.
40
Duty to co-operate with Regulator of Social Housing
(1)
The HCA must co-operate with the Regulator of Social Housing.
15
(2)
In particular, the HCA must consult the regulator on matters likely to interest
the regulator.
Information, education and guidance etc.
41
Information services
(1)
The HCA may—
20
(a)
publish ideas or information, or
(b)
disseminate or promote ideas or information in other ways.
(2)
The HCA may undertake research or experimentation.
(3)
The HCA may provide other information services.
(4)
The HCA may facilitate—
25
(a)
the publication or other dissemination or promotion of ideas or
information,
(b)
research or experimentation, or
(c)
the provision of other information services.
42
Advice, education and training
30
(1)
The HCA may provide—
(a)
advice, education or training, or
(b)
other advisory, education or training services.
(2)
The HCA may facilitate the provision of—
(a)
advice, education or training, or
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(b)
other advisory, education or training services.

Housing and Regeneration Bill
Part 1 — The Homes and Communities Agency
Chapter 4 — Other functions of the HCA
19

43
Guidance
(1)
The HCA may give guidance to such persons as it considers appropriate about
any matters relating to its objects.
(2)
Before giving guidance under this section, the HCA must consult such persons
as it considers appropriate.
5
(3)
As soon as reasonably practicable after giving guidance under this section, the
HCA must take such steps as the HCA considers appropriate to bring it to the
attention of those affected by it.
(4)
The HCA may revoke guidance given under this section.
(5)
The HCA—
10
(a)
must, before revoking guidance under this section, consult such
persons as it considers appropriate, and
(b)
must, as soon as reasonably practicable after the revocation, take such
steps as it considers appropriate to bring the revocation to the attention
of those affected by it.
15
(6)
References in this section to giving guidance include references to giving
guidance by varying existing guidance.
Functions in relation to companies and other persons
44
Control of subsidiaries
(1)
The HCA must ensure that no subsidiary of the HCA does anything which the
20
HCA—
(a)
would not have the power to do, or
(b)
would be prevented from doing by a direction of the Secretary of State
under section 49.
(2)
Subsection (1) does not require the approval of the Secretary of State for the
25
appointment of staff of a subsidiary or for the staff’s terms and conditions of
service.
(3)
A subsidiary of the HCA may borrow from the HCA despite subsection (1).
(4)
The HCA must ensure that no subsidiary of the HCA—
(a)
borrows from a person other than the HCA, or
30
(b)
raises money by the issue of shares or stock to a person other than the
HCA,

without the consent of the Secretary of State.
(5)
In this section “subsidiary” has the meaning given by section 1159 of the
Companies Act 2006 (c. 46).
35
45
Agency arrangements with UDCs
(1)
The HCA may, with the consent of the Secretary of State, appoint an urban
development corporation to act as its agent.
(2)
The appointment—
(a)
may be in connection with any of the functions of the HCA other than
40
its functions in connection with Chapter 3, and

Housing and Regeneration Bill
Part 1 — The Homes and Communities Agency
Chapter 5 — Supplementary
20

(b)
is to be on such terms as may be agreed.
(3)
The appointment must specify the functions in connection with which it is
made.
(4)
An urban development corporation must act as agent in accordance with the
terms of its appointment.
5
(5)
An urban development corporation may arrange for any of its property or staff
to be made available to the HCA if—
(a)
the purpose is to assist the HCA to exercise any of its functions, and
(b)
the HCA asks the urban development corporation to make the property
or staff available.
10
(6)
The property or staff are to be made available for such period, and on such
other terms, as the urban development corporation considers appropriate.
(7)
In this Part “urban development corporation” means a corporation established
by an order under section 135 of the Local Government, Planning and Land Act
1980 (c. 65).
15
46
Acting with, or for, other persons: general
(1)
The HCA may act with other persons (whether in partnership or otherwise).
(2)
The HCA may act as agent for other persons.
(3)
The HCA may not appoint an agent.
(4)
Subsection (3) is subject to section 45 and paragraph 10 of Schedule 1.
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Other
47
Support services
(1)
The HCA may provide services in support of a project.
(2)
The HCA may, in particular—
(a)
second staff to the project,
25
(b)
provide consultants or other manpower resources to the project on a
temporary basis, or
(c)
lend or otherwise provide technical, property or other resources to the
project.
(3)
The HCA may facilitate the provision of services in support of a project.
30
Chapter 5
Supplementary
Certain supervisory powers of the Secretary of State
48
Guidance by the Secretary of State
(1)
The Secretary of State may give guidance to the HCA as to the exercise of any
35
of its functions.

Housing and Regeneration Bill
Part 1 — The Homes and Communities Agency
Chapter 5 — Supplementary
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(2)
Before giving guidance under this section, the Secretary of State must consult
such persons as the Secretary of State considers appropriate.
(3)
The Secretary of State must publish any guidance given under this section as
soon as reasonably practicable after giving it.
(4)
The Secretary of State may revoke guidance given under this section.
5
(5)
The Secretary of State must—
(a)
consult, before revoking guidance under this section, such persons as
the Secretary of State considers appropriate, and
(b)
publish the fact that the guidance has been revoked as soon as
reasonably practicable after the revocation.
10
(6)
The HCA must, in exercising its functions, have regard to any guidance for the
time being in force under this section.
(7)
References in this section to giving guidance include references to giving
guidance by varying existing guidance.
49
Directions by the Secretary of State
15
(1)
The Secretary of State may give the HCA general or specific directions as to the
exercise of any of its functions.
(2)
The Secretary of State must publish any directions given by the Secretary of
State under this Part as soon as reasonably practicable after giving them.
(3)
The Secretary of State—
20
(a)
may revoke any directions given by the Secretary of State under this
Part, and
(b)
must publish the fact that the directions have been revoked as soon as
reasonably practicable after the revocation.
(4)
The HCA must comply with any directions of the Secretary of State in force
25
under this Part.
(5)
Subsections (2) and (3)(b) do not apply to directions given under section 25 or
paragraph 7 of Schedule 1; and this section does not apply to directions given
under Schedule 4.
(6)
References in this Part to the Secretary of State giving directions include
30
references to the Secretary of State giving directions by varying existing
directions.
50
Consents of the Secretary of State
(1)
Any consent of the Secretary of State required under this Part may be given—
(a)
unconditionally or subject to conditions, and
35
(b)
generally or specifically.
(2)
The Secretary of State may vary or revoke any such consent except in the case
of anything already done, or agreed to be done, on the authority of it.
(3)
A variation or revocation under subsection (2) does not have effect until the
Secretary of State has served notice of it on the HCA or (as the case may be) the
40
other person to whom the consent is given.