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| | and insert ‘certain powers relating to the governing instruments of’. |
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| | Clause 173, page 68, line 3, after ‘may’ insert ‘, in accordance with subsection (2) |
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| | and subject to subsection (3),’. |
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| | Clause 173, page 68, line 3, leave out ‘as’ and insert ‘for the purpose of protecting |
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| | investment in social housing or protecting the interests of tenants and residents in social |
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| | housing . These standards may refer’ |
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| | Clause 173, page 68, line 5, after ‘extent’, insert ‘, accessibility’. |
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| | Clause 173, page 68, line 6, at end insert— |
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| | | ‘(c) | the nature and extent of activities they should undertake in pursuance of |
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| | | their duties under section 49A(1) of the Disability Discrimination Act |
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| | Clause 173, page 68, line 7, leave out from ‘may’ to the end of line 8 and insert |
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| | Clause 173, page 68, line 21, before ‘anti-social behaviour’ insert ‘policies and |
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| | procedures required by section 218A of the Housing Act 1996 (c. 52) in connection with’. |
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| | Clause 173, page 68, leave out lines 22 and 23. |
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| | Clause 173, page 68, line 24, at end insert— |
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| | | ‘(m) | facilitating timely provision of adaptations to tenants’ homes for a |
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| | | disabled occupant (whether by means of assistance provided under Part |
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| | | 1 of the Housing Grants, Construction and Regeneration Act 1996 (c. 53) |
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| | Clause 173, page 68, line 24, at end insert— |
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| | | ‘(3) | In setting standards the regulator shall have regard (among other matters) to |
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| | | landlords’ contribution to the environmental, social and economic well-being of |
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| | | the areas in which their property is situated.’. |
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| | Clause 173, page 68, line 24, at end insert— |
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| | | ‘(3) | No standard may be set that would require a registered provider to act in any way |
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| | | that is inconsistent with— |
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| | | (a) | its rules, memorandum and articles of association, or equivalent |
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| | | (b) | any legal or contractual commitment, including any loan covenant, for |
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| | | the time being binding upon it; or |
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| | | (c) | or if applicable, its status as a charity (whether or not it is registered as |
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| | Clause 174, page 68, line 26, leave out ‘non-profit’. |
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| | Clause 174, page 68, line 27, at end insert— |
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| | | ‘(2) | In setting standards, the regulator shall have regard (among other matters) to |
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| | | providers’ contribution to the environmental, social and economic well-being of |
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| | | the areas in which their property is situated.’. |
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| | Clause 174, page 68, line 27, at end insert— |
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| | | ‘(2) | No standard may be set that would require a registered provider to act in any way |
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| | | that is inconistent with— |
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| | | (a) | its rules, memorandum and articles of association, or equivalent |
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| | | (b) | any legal or contractual commitment, including any loan covenant, for |
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| | | the time being binding upon it; or |
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| | | (c) | if applicable, its status as a charity (whether or not registered as such).’. |
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| | Clause 174, page 68, line 27, at end insert— |
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| | | ‘( ) | In respect of profit-making registered providers, standards may be made in |
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| | | relation to the management of their affairs only so far as relating to the provision |
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| | Clause 176, page 68, line 38, after ‘standards’ insert ‘or issuing, revising or |
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| | withdrawing a code of practice’. |
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| | Clause 176, page 68, line 41, at end insert— |
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| | | ‘( ) | one or more bodies appearing to it to represent the interests of secured |
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| | | creditors of registered providers,’. |
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| | Clause 177, page 69, line 8, at end insert— |
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| | | ‘( ) | In deciding whether to give a direction the Secretary of State shall, in particular, |
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| | | have regard to the regulator’s fundamental objectives.’. |
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| | Clause 177, page 69, line 8, at end insert— |
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| | | | ‘provided that any such directive is consistent with the regulator’s fundamental |
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| | | objectives as defined in section 86.’. |
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| | Clause 177, page 69, line 15, at end insert— |
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| | | ‘( ) | A direction may disapply the requirement to consult under section 176 in relation |
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| | Clause 177, page 69, line 17, after ‘publish’ insert ‘— |
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| | | ( ) | each proposed direction that is the subject of a consultation, |
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| | | ( ) | each response to a consultation, and |
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| | Clause 177, page 69, line 18, leave out subsection (5). |
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| | Clause 178, page 69, line 21, leave out subsection (1) and insert— |
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| | | ‘(1) | The regulator may exercise its powers as set out in Chapters 6 and 7 in order to |
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| | | secure the proper management of the affairs of a registered provider. In |
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| | | considering whether mismanagement or misconduct has occurred, the regulator |
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| | | may have regard (among other matters) to the extent to which the standards are |
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| | | being or have been followed.’. |
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| | Clause 178, page 69, line 26, at end insert— |
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| | | ‘( ) | Standards may be expressed by reference to documents prepared by others.’. |
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| | Clause 180, page 70, line 24, at end insert— |
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| | | ‘( ) | Proceedings for an offence under this section may be brought only by or with the |
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| | | (b) | the Director of Public Prosecutions.’. |
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| | Clause 181, page 70, line 26, after ‘may’ insert ‘arrange for an inspector to’. |
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| | Clause 181, page 70, line 26, after ‘inspect’ insert ‘— |
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| | Clause 181, page 70, line 27, at end insert ‘, or |
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| | | (b) | the financial or other affairs of a registered provider.’. |
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| | Clause 181, page 70, line 27, at end insert— |
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| | | ‘( ) | “Inspector” means one or more members of the regulator’s staff, or other persons, |
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| | | authorised in writing by the regulator for the purposes of conducting the |
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| | Clause 181, page 70, line 27, at end insert— |
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| | | ‘( ) | After carrying out an inspection an inspector must produce a written report. |
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| | | (a) | must give the registered provider a copy of the report, and |
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| | | (b) | may publish the report and related information.’. |
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| | Clause 181, page 70, line 29, leave out subsection (3). |
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| Clause 181, page 70, line 33, leave out subsections (4) to (7). |
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| | Clause 181, page 70, line 37, leave out ‘and’. |
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| | Clause 181, page 70, line 39, at end insert— |
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| | | ‘( ) | the Audit Commission for Local Authorities and the National Health |
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| | | ( ) | such other persons as the Secretary of State thinks appropriate.’. |
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| | Clause 183, page 71, line 17, leave out ‘in relation to social housing’. |
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| | Clause 183, page 71, line 22, after ‘they’, insert ‘and the members of their family’. |
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| | Clause 184, page 71, line 28, at end insert— |
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| | | ‘( ) | The inquirer may consider the affairs of a profit-making registered provider only |
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| | | so far as relating to social housing.’. |
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| | Clause 184, page 71, line 33, leave out ‘publish’ and insert ‘arrange for the |
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| | Clause 185, page 72, line 2, leave out from ‘to’ to end of line 5 and insert ‘provide |
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| | specified documents or information.’. |
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| | Clause 185, page 72, line 6, leave out subsection (2) and insert— |
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| | | ‘(2) | The notice may, in particular, require evidence to be given on oath (and the |
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| | | inquirer may administer oaths for that purpose).’. |
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| | Clause 185, page 72, line 8, leave out ‘to persons’ and insert ‘documents’. |
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| | Clause 185, page 72, line 11, leave out ‘(4), (5), (6) and’ and insert ‘(3) to’. |
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| | Clause 186, page 72, line 21, at end insert— |
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| | | ‘( ) | The revenue accounts of a registered charity may be audited under this section |
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| | | only insofar as they relate to its housing activities.’. |
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| | Clause 188, page 72, line 33, at end insert— |
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| | | ‘( ) | The regulator may not consent to an amendment which it thinks would turn the |
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| | | society into a profit-making organisation.’. |
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| | Clause 190, page 73, line 12, at end insert— |
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| | | ‘( ) | The regulator may not consent to an amendment which it thinks would turn the |
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| | | company into a profit-making organisation.’. |
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| | Page 73, line 17, leave out Clause 191. |
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| | Clause 194, page 74, line 11, leave out from ‘may’ to end of line 13 and insert |
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| | ‘refer to accreditation under this section.’. |
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| | Clause 195, page 74, line 19, at end add— |
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| | | ‘(b) | shall not apply to local housing authorities and persons controlled by |
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| | | local housing authorities.’. |
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| | Clause 196, page 74, line 28, at end insert— |
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| | | ‘( ) | Case 2A is where the registered provider has failed to comply with an earlier |
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| | Clause 196, page 74, line 28, at end insert— |
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|
