House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 29th January 2008
398

Housing and Regeneration Bill, continued

Mr Iain Wright

281

Clause  218,  page  81,  line  25,  after ‘224’ insert ‘, 226’.

Mr Nick Raynsford

347

Clause  223,  page  82,  line  22,  leave out paragraph (a).

Lyn Brown

339

Clause  223,  page  82,  line  25,  at end insert ‘, or

(c)
the registered provider is not a local housing authority or a person

controlled by a local housing authority.’.

Mr Iain Wright

282

Clause  223,  page  82,  line  36,  leave out second ‘the’ and insert ‘a’.

Mr Iain Wright

283

Clause  224,  page  83,  line  22,   after ‘218’ insert ‘, 226’.

Mr Iain Wright

284

Clause  224,  page  83,  line  28,  at end insert—

‘( )
If the regulator imposes a requirement it must send a copy to the HCA.’.

Mr Nick Raynsford

348

Clause  225,  page  83,  line  34,  leave out paragraph (a).

Lyn Brown

340

Clause  225,  page  83,  line  40,  at end insert ‘, or

(d)
the registered provider is not a local housing authority or a person

controlled by a local housing authority.’.

Public Bill Committee: 29th January 2008
399

Housing and Regeneration Bill, continued

Mr Iain Wright

285

Clause  226,  page  84,  line  32,  leave out ‘, 228 and 232.’ and insert ‘and 228.’.

Mr Iain Wright

286

Clause  226,  page  84,  line  32,  at end insert—

‘( )
In imposing a requirement the regulator must have regard to views of—

(a)
relevant tenants,

(b)
the registered provider,

(c)
the HCA, and

(d)
if the regulator thinks it appropriate, any relevant local housing

authority.’.

Mr Iain Wright

287

Clause  226,  page  84,  line  32,  at end insert—

‘( )
If the regulator imposes a requirement it must send a copy to the HCA.’.

Mr Iain Wright

288

Clause  227,  page  84,  line  42,  after ‘appoint’ insert ‘an individual as’.

Mr Iain Wright

289

Clause  227,  page  84,  line  43,  after ‘appoint’ insert ‘an individual as’.

Mr Iain Wright

290

Clause  228,  page  85,  line  34,  leave out ‘, 226 and 232.’ and insert ‘and 226.’.

Mr Iain Wright

291

Clause  228,  page  85,  line  34,  at end insert—

‘( )
The regulator must notify the HCA of an appointment or requirement under

section 227(2).’.

Public Bill Committee: 29th January 2008
400

Housing and Regeneration Bill, continued

Mr Iain Wright

292

Clause  229,  page  86,  line  3,  leave out ‘used for social housing’.

Mr Iain Wright

293

Clause  232,  page  87,  line  10,  leave out subsection (2).

Mr Iain Wright

294

Clause  232,  page  87,  line  11,  leave out from ‘only if’ to end of line 38 and insert

‘the charity has received public assistance.’.

Sir George Young

Lembit Öpik

Andrew George

100

Clause  233,  page  88,  line  3,  after ‘constitution’, insert ‘provided that the total

number of appointees under this section does not exceed one-fourth of the total number

of officers, or four persons, whichever is greater’.

Alistair Burt

333

Clause  235,  page  89,  line  10,  at end add—

‘(7)
The definitions of “subsidiary” in subsections 235(1) to (5) and “associate” in

subsection 235(6) shall not apply to persons controlled by local housing

authorities.’.

Mr Iain Wright

295

Clause  238,  page  90,  line  32,  at end insert—

‘“rent” includes payments under a licence to occupy accommodation,’.

Public Bill Committee: 29th January 2008
401

Housing and Regeneration Bill, continued

Mr Iain Wright

296

Clause  239,  page  91,  line  14,  at end insert—

‘Equity percentage arrangements
Section 69(5)’.

Mr Iain Wright

297

Clause  239,  page  91,  line  29,  at end insert—

‘Pre-compensation warning
Section 218’.

Mr Iain Wright

298

Clause  239,  page  91,  line  30,  at end insert—

‘Pre-penalty warning
Section 208’.

Mr Iain Wright

299

Clause  239,  page  92,  line  2,  at end insert—

‘Received public assistance (charities)
Section (charities that have “received

public assistance”)’.

Mr Iain Wright

300

Clause  239,  page  92,  line  8,  at end insert—

‘Rent
Section 238’.

Mr Iain Wright

301

Clause  239,  page  92,  line  10,  at end insert—

‘Shared ownership arrangements
Section 69(4)

Shared ownership trust
Section 69(6)’.

Mr Iain Wright

302

Clause  241,  page  92,  line  27,  leave out ‘(initially)’.

Public Bill Committee: 29th January 2008
402

Housing and Regeneration Bill, continued

New Clauses relating to part 2

Transfer schemes

Mr Iain Wright

NC34

To move the following Clause:—

‘(1)
The Secretary of State may make one or more schemes for the transfer of the

Housing Corporation’s property, rights or liabilities to—

(a)
the regulator,

(b)
the HCA, or

(c)
the Secretary of State.

(2)
On the transfer date, the designated property, rights or liabilities are transferred

and vest in accordance with the scheme.

(3)
Schedule 6 applies to a scheme under this section.

(4)
In this section—

“designated”, in relation to a scheme, means specified in or determined in

accordance with the scheme;

“the transfer date” means the date specified by a scheme as the date on

which the scheme is to have effect.’.

Interim arrangements

Mr Iain Wright

NC35

To move the following Clause:—

‘The Secretary of State may by notice require the Housing Corporation to provide

staff, premises, facilities or other assistance to—

(a)
the regulator, or

(b)
the HCA.’.

Seal

Mr Iain Wright

NC36

To move the following Clause:—

‘(1)
The application of the regulator’s seal shall be authenticated by a member or by

some other person authorised (generally or specially) for that purpose.

(2)
A document purporting to be duly executed under the seal—

(a)
shall be received in evidence, and

Public Bill Committee: 29th January 2008
403

Housing and Regeneration Bill, continued

(b)
shall be treated as so executed unless the contrary is shown.’.

Information, advice &c.

Mr Iain Wright

NC37

To move the following Clause:—

‘(1)
The regulator may for the purpose of advancing its fundamental objectives—

(a)
publish ideas or information;

(b)
undertake research in relation to social housing;

(c)
provide guidance, advice, education or training.

(2)
The regulator may for that purpose—

(a)
arrange for another person to do anything within subsection (1)(a) to (c);

(b)
act jointly with, cooperate with or assist another person doing anything

within subsection (1)(a) to (c).

(3)
The persons to whom advice may be given under subsection (1) include—

(a)
unregistered housing associations (as defined by section 2B of the

Housing Associations Act 1985 (c. 69)), and

(b)
persons who may be forming a housing association (within the meaning

of section 1(1) of that Act).’.

Consent to disposals under other legislation

Mr Iain Wright

NC38

To move the following Clause:—

‘The Secretary of State’s functions under the following provisions are transferred

to the regulator in so far as they relate to disposals by registered providers—

(a)
section 171D of the Housing Act 1985 (c. 68) (consent to certain

disposals of housing subject to the preserved right to buy), and

(b)
section 81 and 133 of the Housing Act 1988 (c. 50) (consent to certain

disposals of housing obtained from housing action trusts or local

authorities).’.

Public Bill Committee: 29th January 2008
404

Housing and Regeneration Bill, continued

Section (consent to disposals under other legislation): consequential amendments

Mr Iain Wright

NC39

To move the following Clause:—

‘(1)
In section 171D of the Housing Act 1985 (consent to certain disposals of housing

obtained subject to the preserved right to buy)—

(a)
in subsection (2) (consent) for “Secretary of State” substitute

“appropriate authority”, and

(b)
after that subsection insert—

“(2A)
“The appropriate authority” means—

(a)
in relation to a disposal of land in England by a

registered provider of social housing, the Regulator of

Social Housing,

(b)
in relation to any other disposal of land in England, the

Secretary of State, and

(c)
in relation to a disposal of land in Wales, the Welsh

Ministers.”

(2)
In section 81 of the Housing Act 1988 (consent to certain disposals of housing

obtained from housing action trusts)—

(a)
in subsection (3) (consent) for “Secretary of State” substitute

“appropriate authority”,

(b)
after that subsection insert—

“(3A)
In this section “the appropriate authority” means—

(a)
in relation to a disposal of land in England by a

registered provider of social housing, the Regulator of

Social Housing,

(b)
in relation to any other disposal of land in England, the

Secretary of State, and

(c)
in relation to a disposal of land in Wales, the Welsh

Ministers.”,

(c)
in subsection (5) (consultation of tenants) for “Secretary of State”

substitute “appropriate authority”,

(d)
in subsection (5)(a) for “himself” substitute “itself”, and

(e)
omit subsection (6) (consultation of Housing Corporation).

(3)
In section 133 of that Act (consent to certain disposals of housing obtained from

local authorities)—

(a)
in subsection (1) (consent) for “Secretary of State” substitute

“appropriate authority”,

(b)
after that subsection insert—

“(1ZA)
In this section “the appropriate authority” means—

(a)
in relation to a disposal of land in England by a

registered provider of social housing, the Regulator of

Social Housing,

(b)
in relation to any other disposal of land in England, the

Secretary of State, and

(c)
in relation to a disposal of land in Wales, the Welsh

Ministers.”,