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(2)	The regulator may require the person to repay the sum or, as the case may be, a

specified amount representing the whole or part of the value of the benefit.

(3)	If a person fails to comply with a requirement the registered provider may recover

the sum or specified amount as a debt.’.

Restrictions on dealings during inquiry

Mr Iain Wright

NC55

To move the following Clause:—

‘(1)	The regulator may make an order under this section if—

(a)	an inquiry under section 183 is in progress in respect of a non-profit

registered provider, and

(b)	either of the following cases applies.

(2)	Case 1 applies if the regulator has reasonable grounds for believing—

(a)	that the registered provider has failed to meet a standard under section

173 or 174 or that its affairs have been mismanaged, and

(b)	that the interests of tenants of the registered provider, or its assets, require

protection.

(3)	Case 2 applies if as a result of an inquirer’s interim report under section 184 the

regulator is satisfied—

(a)	that the registered provider has failed to meet a standard under section

173 or 174, or

(b)	that its affairs have been mismanaged.

(4)	The regulator may order a bank or other person who holds money or securities on

behalf of the registered provider not to part with the money or securities without

the regulator’s consent.

(5)	The regulator may make an order restricting—

(a)	the transactions that may be entered into by the registered provider, or

(b)	the nature and amounts of payments that may be made by it.

(6)	An order under subsection (5) may in particular provide that transactions may not

be entered into or payments made without the regulator’s consent.

(7)	The regulator may make an order in respect of a registered provider that is a

registered charity only if it has received public assistance.

(8)	An order ceases to have effect at the end of the period of 6 months beginning with

the day on which the inquirer’s final report under section 184 is made.

(9)	But the regulator—

(a)	may revoke the order before that time;

(b)	may by order extend it for a specified period of up to 6 months.’.

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Restrictions on dealings following inquiry

Mr Iain Wright

NC56

To move the following Clause:—

‘(1)	This section applies if as a result of an inquiry under section 183 or an audit under

section 186 the regulator is satisfied that—

(a)	a non-profit registered provider has failed to meet a standard under

section 173 or 174, or

(b)	the affairs of a non-profit registered provider have been mismanaged.

(2)	The regulator may order a bank or other person who holds money or securities on

behalf of the registered provider not to part with the money or securities without

the regulator’s consent.

(3)	The regulator may make an order restricting—

(a)	the transactions that may be entered into by the registered provider, or

(b)	the nature and amounts of payments that may be made by it.

(4)	An order under subsection (3) may in particular provide that transactions may not

be entered into or payments made without the regulator’s consent.

(5)	The regulator may make an order in respect of a registered provider that is a

registered charity only if it has received public assistance.

(6)	An order under this section has effect until revoked by the regulator.’.

Restrictions on dealings: supplemental

Mr Iain Wright

NC57

To move the following Clause:—

‘(1)	Before making an order under section (restrictions on dealings during inquiry) or

(restrictions on dealings following inquiry) the regulator must take all reasonable

steps to give notice to—

(a)	the registered provider, and

(b)	in the case of a order under section (restrictions on dealings during

inquiry)(4) or (restrictions on dealings following inquiry)(2), the person

to whom the order is directed.

(2)	Contravention of an order under section (restrictions on dealings during

inquiry)(4) or (restrictions on dealings following inquiry)(2) is an offence.

(3)	A person guilty of an offence is liable on summary conviction to a fine not

exceeding level 5 on the standard scale.

(4)	Proceedings for an offence may be brought only by or with the consent of—

(a)	the regulator, or

(b)	the Director of Public Prosecutions.’.

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Charities that have “received public assistance”

Mr Iain Wright

NC58

To move the following Clause:—

‘(1)	For the purposes of this Part a registered charity has received public assistance if

at least one of the following conditions is satisfied.

(2)	Condition 1 is that the charity has received financial assistance from the HCA

under section 22.

(3)	Condition 2 is that the charity has received financial assistance under section 24

of the Local Government Act 1988 (c. 9) (assistance for privately let housing

accommodation).

(4)	Condition 3 is that the charity has had housing transferred to it pursuant to—

(a)	a large scale disposal, within the meaning of section 34 of the Housing

Act 1985 (c. 68), for which consent was required under section 32 or 43

of that Act, or

(b)	a qualifying disposal that was made under section 135 of the Leasehold

Reform, Housing and Urban Development Act 1993 (c. 28).

(5)	Condition 4 is that the charity has received a grant or loan under—

(a)	section 18 of the Housing Act 1996 (c. 52) (social housing grants),

(b)	section 22 of that Act (assistance from local authorities),

(c)	section 58 of the Housing Associations Act 1985 (c. 69) (grants or loans

by local authorities),

(d)	section 50 of the Housing Act 1988 (c. 50), section 41 of the Housing

Associations Act 1985 or any enactment replaced by that section

(housing association grant),

(e)	section 51 of the Housing Act 1988 (c. 50) or section 54 or 55 of the

Housing Associations Act 1985 (c. 69) (revenue deficit grant or hostel

deficit grant),

(f)	section 79 of the Housing Associations Act 1985 (c. 69) (loans by

Housing Corporation),

(g)	section 31 of the Housing Act 1974 (c. 44) (management grants), or

(h)	any enactment mentioned in paragraph 2 or 3 of Schedule 1 to the

Housing Associations Act 1985 (c. 69) (pre-1974 grants and certain

loans).’.

Order of the House [27th November 2007]

That the following provisions shall apply to the Housing and Regeneration Bill:

Committal

1.	The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.	Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 31st January 2008.

3.	The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

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Consideration and Third Reading

4.	Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.	Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

Order of the Committee [11th December 2007]

That—

(1)	the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday

11th December) meet—

(a)	at 4.00 p.m. on Tuesday 11th December;

(b)	at 9.00 a.m. and 1.00 p.m. on Thursday 13th December;

(c)	at 9.00 a.m. and 1.00 p.m. on Thursday 10th January;

(d)	at 10.30 a.m. and 4.00 p.m. on Tuesday 15th January;

(e)	at 9.00 a.m. and 1.00 p.m. on Thursday 17th January;

(f)	at 10.30 a.m. and 4.00 p.m. on Tuesday 22nd January;

(g)	at 9.00 a.m. and 1.00 p.m. on Thursday 24th January;

(h)	at 10.30 a.m. and 4.00 p.m. on Tuesday 29th January;

(i)	at 9.00 a.m. and 1.00 p.m. on Thursday 31st January;

(2)	the Committee shall hear oral evidence in accordance with the following

Table;

TABLE

	Date	Time	Witness
	Tuesday 11th December	Until no later than 11.45 a.m.	Local Government Association;
			London Councils
	Tuesday 11th December	Until no later than 12.30 p.m.	Chartered Institute of Housing
	Tuesday 11th December	Until no later than 4.45 p.m.	National Housing Federation
	Tuesday 11th December	Until no later than 5.30 p.m.	Defend Council Housing
	Tuesday 11th December	Until no later than 6.15 p.m.	Tenants’ and Residents’
			Organisations of England
	Tuesday 11th December	Until no later than 7.00 p.m.	Council of Mortgage Lenders
	Thursday 13th December	Until no later than 9.40 a.m.	Campaign to Protect Rural
			England
	Thursday 13th December	Until no later than 10.25 a.m.	Tribal Treasury Services
	Thursday 13th December	Until no later than 1.45 p.m.	Shelter
	Thursday 13th December	Until no later than 2.30 p.m.	Lord Best
	Thursday 13th December	Until no later than 4.00 p.m.	Department for Communities and
			Local Government

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(3)	proceedings on consideration of the Bill in Committee shall be taken in the

following order: Clause 1; Schedule 1; Clauses 2 to 9; Schedule 2; Clauses

10 and 11; Schedule 3; Clause 12; Schedule 4; Clauses 13 to 52; Schedule 5;

Clause 53; Schedule 6; Clauses 54 to 57; Clauses 59 and 60; new Clauses and

new Schedules relating to Part 1; Clauses 242 to 248; Schedule 8; Clauses

249 to 267; Schedule 9; Clauses 268 to 273; new Clauses and new Schedules

relating to Part 3; Clauses 61 to 241; new Clauses and new Schedules relating

to Part 2; Clause 274; Clause 58; Schedule 7; Clause 275; Schedule 10;

Clauses 276 to 280; remaining new Clauses; remaining new Schedules;

remaining proceedings on the Bill;

(4)	the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 4.00 p.m. on Thursday 31st January.

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Revised 17 January 2008