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 5 — Supplementary
22

Abolition of existing bodies
51
Abolition of Urban Regeneration Agency
The Urban Regeneration Agency shall cease to exist on such day as the
Secretary of State may by order appoint.
52
Abolition of the Commission for the New Towns
5
(1)
The Commission for the New Towns shall cease to exist on such day as the
Secretary of State may by order appoint.
(2)
Schedule 5 (which transfers Welsh functions of the Commission to the Welsh
Ministers and makes other amendments of the New Towns Act 1981 (c. 64))
has effect.
10
53
Property etc. transfers to the HCA and the Welsh Ministers
(1)
The Secretary of State may make one or more schemes for—
(a)
the transfer to the HCA of designated property, rights or liabilities of—
(i)
the Urban Regeneration Agency,
(ii)
the Commission for the New Towns, or
15
(iii)
a Minister of the Crown, or
(b)
the transfer to the Welsh Ministers of designated property, rights or
liabilities of—
(i)
the Urban Regeneration Agency, or
(ii)
the Commission for the New Towns.
20
(2)
On the transfer date, the designated property, rights or liabilities are
transferred and vest in accordance with the scheme.
(3)
Schedule 6 (which makes further provision about the making of schemes) has
effect.
(4)
In this section and in Schedule 6—
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“designated” in relation to a scheme, means specified in, or determined in
accordance with, the scheme,
“Minister of the Crown” has the same meaning as in the Ministers of the
Crown Act 1975 (c. 26),
“the transfer date” means a date specified by a scheme as the date on
30
which the scheme is to have effect.
54
Role of the HCA in relation to former CNT functions
(1)
The HCA must, so far as practicable, exercise its powers in relation to—
(a)
any property, rights or liabilities of the Commission for the New Towns
transferred to it by virtue of section 53 and Schedule 6,
35
(b)
any property, rights or liabilities of a new town development
corporation transferred to it by virtue of section 41 of, and Schedule 10
to, the New Towns Act 1981,
(c)
any undertaking, or part of an undertaking, of an urban development
corporation transferred to it by virtue of an agreement under section
40
165 of the Local Government, Planning and Land Act 1980 (c. 65), or

Housing and Regeneration Bill
Part 1 — The Homes and Communities Agency
Chapter 5 — Supplementary
23

(d)
any property, rights or liabilities of an urban development corporation
transferred to it by virtue of an order under section 165B of that Act,

for the purposes of the objects mentioned in section 2(1) or for purposes
incidental to those purposes.
(2)
But subsection (1) does not apply if the HCA does not consider it appropriate
5
to exercise its powers in this way having regard, in particular, to the purposes
for which the transferred property was held by the Commission for the New
Towns, the new town development corporation or (as the case may be) the
urban development corporation.
(3)
In such a case, the HCA must exercise its powers in relation to the transferred
10
property in such a way as it considers appropriate having regard, in particular,
to—
(a)
the objects mentioned in section 2(1), and
(b)
the purposes for which the transferred property was held by the body
concerned,
15

and the references in this Part to the objects of the HCA are to be read
accordingly.
(4)
In this section—
“new town development corporation” means a development corporation
established under section 3 of the New Towns Act 1981 (c. 64),
20
“transferred property” means any property, rights or liabilities, or any
undertaking or part of an undertaking, falling within paragraphs (a) to
(d) of subsection (1) above.
55
Interim arrangements
The Secretary of State may by notice require the Urban Regeneration Agency
25
or the Commission for the New Towns to provide staff, premises and other
facilities on a temporary basis to—
(a)
the HCA, or
(b)
the Welsh Ministers.
Other
30
56
Validity of transactions
(1)
A transaction between a person and the HCA is not invalid merely because of
a failure by the HCA to exercise its powers for the purposes mentioned in
sections 3 and 4(2).
(2)
A transaction between a person and the HCA is not invalid merely because it
35
was carried out in contravention of a direction under section 49.
(3)
A person entering into a transaction with the HCA need not be concerned as to
whether—
(a)
there has been a failure of the kind mentioned in subsection (1), or
(b)
a direction of the kind mentioned in subsection (2) has been given or
40
complied with.
(4)
A disposal of land by the HCA is not invalid merely because any consent
required by section 10(1) or (3) has not been given.

Housing and Regeneration Bill
Part 1 — The Homes and Communities Agency
Chapter 5 — Supplementary
24

(5)
A person dealing with—
(a)
the HCA, or
(b)
a person claiming under the HCA,

in relation to any land need not be concerned as to whether any consent
required by section 10(1) or (3) has been given.
5
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Notices
(1)
Any notice required or authorised under this Part to be served on any person
may be served by—
(a)
delivering it to the person,
(b)
leaving it at the person’s proper address, or
10
(c)
sending it by post to the person at that address.
(2)
Any such notice may—
(a)
in the case of a body corporate, be served in accordance with subsection
(1) on an officer of the body, and
(b)
in the case of a partnership, be served in accordance with subsection (1)
15
on a partner or a person having the control or management of the
partnership business.
(3)
For the purposes of this section and section 7 of the Interpretation Act 1978
(c. 30) (service of documents by post) in its application to this section, the
proper address of any person on whom a notice is to be served is the person’s
20
last known address except as follows.
(4)
For the purposes of this section and section 7 of the Act of 1978 in its
application to this section, the proper address is—
(a)
in the case of service on a body corporate or an officer of the body, the
address of the registered or principal office of the body, and
25
(b)
in the case of service on a partnership, a partner or a person having the
control or management of the partnership business, the address of the
principal office of the partnership.
(5)
For the purposes of subsection (4) the principal office of a company registered
outside the United Kingdom or of a partnership carrying on business outside
30
the United Kingdom is its principal office within the United Kingdom.
(6)
Subsection (7) applies if a person to be served under this Part with a notice has
specified an address within the United Kingdom other than the person’s
proper address (as decided under subsections (3) and (4)) as the one at which
the person, or someone on the person’s behalf, will accept documents of the
35
same description as the notice.
(7)
The specified address is also to be treated for the purposes of this section and
section 7 of the Act of 1978 in its application to this section as the person’s
proper address.
(8)
Subsection (9) applies if the name or address of any owner, lessee or occupier
40
of land on whom a notice is to be served under this Part cannot, after
reasonable inquiry, be ascertained.
(9)
The notice may be served by—
(a)
leaving it in the hands of a person who is, or appears to be, resident or
employed on the land, or
45
(b)
leaving it conspicuously affixed to a building or object on the land.

Housing and Regeneration Bill
Part 1 — The Homes and Communities Agency
Chapter 5 — Supplementary
25

(10)
Any notice required or authorised under this Part to be served on any person
may be served on the person by transmitting the text of the notice to the person
by means of an electronic communications network or by other means but
while in electronic form provided the text is received by the person in legible
form and is capable of being used for subsequent reference.
5
(11)
In this section—
“body corporate” includes a limited liability partnership,
“director”, in relation to a body corporate whose affairs are managed by
its members, means a member of the body corporate,
“officer of a body corporate” means any director, manager, secretary or
10
other similar officer of the body corporate,
“partnership” does not include a limited liability partnership,

and references to serving include references to similar expressions (such as
giving or sending).
58
Consequential amendments: Part 1
15
Schedule 7 (which contains amendments of enactments) has effect.
59
Interpretation: Part 1
In this Part—
“conduit system” has the same meaning as in the electronic
communications code; and references to providing a conduit system
20
are to be read in accordance with paragraph 1(3A) of that code,
“develop” (and development), in relation to land or infrastructure,
includes redevelop (and redevelopment),
“electronic communications apparatus” has the same meaning as in the
electronic communications code,
25
“the electronic communications code” has the same meaning as in
Chapter 1 of Part 2 of the Communications Act 2003 (c. 21),
“electronic communications code network” means—
(a)
so much of an electronic communications network or conduit
system provided by an electronic communications code
30
operator as is not excluded from the application of the electronic
communications code by a direction under section 106 of the
Act of 2003 (application of the electronic communications code),
and
(b)
an electronic communications network which the Secretary of
35
State is providing or proposing to provide,
“electronic communications code operator” means a person in whose case
the electronic communications code is applied by a direction under
section 106 of the Act of 2003,
“electronic communications network” has the same meaning as in the Act
40
of 2003,
“enactment” includes subordinate legislation (within the meaning of the
Interpretation Act 1978 (c. 30)),
“financial year” means—
(a)
the period beginning with the day on which the HCA is
45
established and ending with the next 31 March, and
(b)
each subsequent period of 12 months ending with 31 March,

Housing and Regeneration Bill
Part 1 — The Homes and Communities Agency
Chapter 5 — Supplementary
26

“highway” has the same meaning as in the Highways Act 1980 (c. 66),
“improve”, in relation to housing and other land, includes refurbish,
equip and fit out,
“modifications” includes omissions,
“notice” means notice in writing,
5
“operator”, in relation to an electronic communications code network
means—
(a)
the electronic communications code operator providing that
network, or
(b)
the Secretary of State, so far as the Secretary of State is providing
10
or proposing to provide that network,
“private street” has the same meaning as in Part 11 of the Highways Act
1980,
“provide” and related expressions, in relation to an electronic
communications network, are to be read in accordance with section
15
32(4) of the Communications Act 2003 (c. 21).
60
Index of defined expressions: Part 1
In this Part, the expressions listed in the left-hand column have the meaning
given by, or are to be interpreted in accordance with, the provisions listed in
the right-hand column.
20

Expression
Provision

Allotment
Section 9(7)

Building
Section 2(3)

Caravan
Section 2(3)

Common
Section 9(7)

25

Conduit system (and providing such a system)
Section 59

Designated area
Section 13(6)

Designation order
Section 13(6)

Develop (and development)
Section 59

Electronic communications apparatus
Section 59

30

Electronic communications code
Section 59

Electronic communications code network
Section 59

Electronic communications code operator
Section 59

Electronic communications network
Section 59

Enactment
Section 59

35

Financial year
Section 59

Giving directions
Section 49(6)

Housing and Regeneration Bill
Part 2 — Regulation of Social Housing
Chapter 1 — Introduction
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Expression
Provision

The HCA
Section 1(1)

Highway
Section 59

Housing
Section 2(3)

Improve
Section 59

5

Infrastructure
Section 2(3)

Land
Section 2(3) (and Schedule 1

to the Interpretation Act

1978 (c. 30))

Local planning authority (in relation to designation orders
Section 13(6)

10

or proposed designation orders)

Modifications
Section 59

Notice
Section 59

Objects of the HCA
Sections 2 and 54(3)

Open space
Section 9(7)

15

Operator (in relation to electronic communications code
Section 59

network)

Permitted purposes
Section 13(6)

Private street
Section 59

Provide (in relation to an electronic communications
Section 59

20

network)

Registered provider of social housing
Section 79(2)(a)

Regulator of Social Housing
Section 80(2)(a)

Social housing
Section 36(8)

Social housing assistance
Section 36(8)

25

Urban development corporation
Section 45(7)

Part 2
Regulation of Social Housing
Chapter 1
Introduction
30
Preliminary
61
Purpose
The purpose of this Part is to regulate the provision of social housing (as
defined in sections 67 to 76) by English bodies (as defined in section 78).