Public Bill Committee: 22nd January 2008

302

Housing and Regeneration Bill, continued

(b)	paragraph 24(2)(a) of Schedule 1 to the Housing Act 1996 (c. 52), section

30(1)(a) of the Housing Associations Act 1985 (c. 69) or section 20(1)(a)

of the Housing Act 1974 (c. 44) (other similar provisions).

(2)	The regulator may waive a disqualification either generally or in relation to a

particular registered provider or class of registered providers.

(3)	A waiver may be granted only on an application by the disqualified person.

(4)	The regulator shall notify a person whose disqualification is waived.

(5)	If a disqualified person acts as an officer of a registered provider, the person’s acts

are not invalid by reason only of the disqualification.’.

Register of disqualified persons

Mr Iain Wright

NC52

To move the following Clause:—

‘(1)	The regulator shall maintain a register of persons disqualified under section

(disqualification of removed person).

(2)	The register must show details of any waivers.

(3)	The regulator shall make the register available for inspection by the public.’.

Acting while disqualified: offence

Mr Iain Wright

NC53

To move the following Clause:—

‘(1)	It is an offence for a person to act as an officer of a registered provider in respect

of which the person is disqualified under section (disqualification of removed

person).

(2)	A person guilty of an offence is liable—

(a)	on summary conviction, to imprisonment for a term not exceeding

12 months or a fine not exceeding the statutory maximum or both;

(b)	on conviction on indictment, to imprisonment for a term not exceeding

two years or a fine or both.

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

(a)	the regulator, or

(b)	the Director of Public Prosecutions.

(4)	In relation to an offence committed before the commencement of section 282 of

the Criminal Justice Act 2003 (c. 44) (short sentences) the reference in subsection

(2)(a) to 12 months shall have effect as if it were a reference to 6 months.’.

Public Bill Committee: 22nd January 2008

303

Housing and Regeneration Bill, continued

Acting while disqualified: other consequences

Mr Iain Wright

NC54

To move the following Clause:—

‘(1)	This section applies where the regulator is satisfied that a person—

(a)	has acted as an officer of a registered provider in respect of which the

person is disqualified under section (disqualification of removed person),

and

(b)	in doing so, has received payments or other benefits from the registered

provider.

(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.

Public Bill Committee: 22nd January 2008

304

Housing and Regeneration Bill, continued

(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.’.

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.

Public Bill Committee: 22nd January 2008

305

Housing and Regeneration Bill, continued

(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.’.

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).’.

Public Bill Committee: 22nd January 2008

306

Housing and Regeneration Bill, continued

Payments and benefits to officers and employees of housing associations

Grant Shapps

Robert Neill

Mr Eric Pickles

Alistair Burt

Mrs Jacqui Lait

Mr Paul Goodman

nc4

To move the following Clause:—

‘(1)	Paragraph 2 (Payments and benefits to officers and employees, &c) and

paragraph 3 (Maximum amounts payable by way of fees, expenses, &c) of

Schedule 1 of the Housing Act 1996 (c. 52) are hereby repealed.

(2)	The Secretary of State shall introduce regulations incorporating a code of conduct

for registered providers which deal with payments and benefits to officers and

employees of housing associations.

(3)	Before introducing the regulations the Secretary of State shall consult with the

Regulator of Social Housing, the Charity Commission and any body which

appears to the Secretary of State to represent the interests of registered

providers.’.

Social housing tenant mobility

Grant Shapps

Robert Neill

Mr Eric Pickles

Alistair Burt

Mrs Jacqui Lait

Mr Paul Goodman

nc6

To move the following Clause:—

‘The Secretary of State, in accordance with powers contained in section 168 of

the Local Government and Housing Act 1989 (c. 42), shall introduce a scheme to

facilitate moves to and from the homes of tenants of social housing in England

and shall consult with such bodies as appear to the Secretary of State to represent

the interests of registered providers of social housing and local government.’.

National Tenants’ Voice

Lembit Öpik

Andrew George

nc19

To move the following Clause:—

‘(1)	The Secretary of State shall by order make provision for the establishment of a

body to be known as the National Tenants’ Voice.

Public Bill Committee: 22nd January 2008

307

Housing and Regeneration Bill, continued

(2)	The objects of the National Tenants’ Voice shall include the following—

(a)	to represent the interests of tenants in the social rented sector;

(b)	to act as an advocate for tenants to the Regulator of Social Housing,

providers of housing accommodation, Communities England, other

government departments and bodies, mortgage lenders and others;

(c)	to carry out and promote research into matters affecting the interests of

tenants;

(d)	to evaluate the effects of policies and practice, both national and local, on

tenants;

(e)	to promote good practice in matters affecting the interests of tenants;

(f)	to give support and assistance to national tenants’ representative

organisations and where appropriate to foster co-ordination of activities

and mutual support; and

(g)	to perform such other functions as may be prescribed.

(3)	In subsection (2), “tenants” shall include those who occupy accommodation

under periodic or fixed term tenancies or under long leases, and other lawful

residential occupiers who receive housing services from providers of social

housing.

(4)	The Secretary of State shall by regulation make provision for the constitution and

composition of the National Tenants’ Voice, for membership of its governing

body, for the determination of procedures, for the establishment of executive and

administrative support, and for the delivery of reports and accounts.’.

Regulatory powers: local housing authorities

Alistair Burt

NC60

To move the following Clause:—

‘(1)	The regulator shall regulate local housing authorities and persons controlled by

local housing authorities using powers provided under the Local Government and

Public Involvement in Health Act 2007.

(2)	The powers of the regulator as set out under sections 172 to 193 shall not apply

to local housing authorities and persons controlled by local housing authorities.’.

Mr Iain Wright

29

Clause  274,  page  116,  line  19,  at end insert—

‘( )	an order under section 14(8),’.

Mr Iain Wright

30

Schedule  7,  page  158,  line  39,  leave out from beginning to end of line 1 on page

Public Bill Committee: 22nd January 2008

308

Housing and Regeneration Bill, continued

159 and insert—

‘(4)	Omit subsection (2).’.

Mr Iain Wright

123

Schedule  10,  page  166,  line  5,  at end insert—

‘Leasehold Reform Act 1967

In section 1—

(c. 88)

(a)	in subsections (1)(a) and (1A), the words “at

a low rent”,

(b)	in subsection (3A)(b), the words “, 1AA”.

Section 1A(2).

Section 1AA.

Section 4A.

In section 9(1C), the words “, 1AA”.

In section 9A(1), the words “, 1AA”.

In section 32A(1)(b), the words “or if section 1AA

above were not in force”.

In Schedule 3, paragraph 6(1A).’.

Mr Iain Wright

303

Schedule  10,  page  168,  line  22,  at end insert—

	‘Housing Act 1988 (c. 50)	Section 81(6).
		Section 133(6).’.

Mr Iain Wright

124

Schedule  10,  page  168,  line  22,  column  2,  at end insert—

‘In Schedule 5, in paragraph 13(5), the word “and”

following paragraph (a).’.

Mr Iain Wright

31

Schedule  10,  page  168,  line  24,  at end insert—

	‘Town and Country Planning Act	Section 8A(2).’.
	1990 (c. 8)

---

Revised 22 January 2008