House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 29th January 2008
405

Housing and Regeneration Bill, continued

(c)
in subsection (3)(c) (modification of certain provisions applied for the

purposes of section 133) after “this section,” insert “any reference to the

appropriate national body shall be construed as a reference to the

appropriate authority and”,

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

substitute “appropriate authority”,

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

(f)
omit subsection (6) (consultation of Housing Corporation).’.

Publication of performance information

Mr Iain Wright

NC40

To move the following Clause:—

‘(1)
The regulator shall publish, at least once a year, information about the

performance of registered providers.

(2)
In particular, the regulator shall include information likely to be useful to—

(a)
tenants,

(b)
potential tenants, and

(c)
local authorities.’.

Inspector’s powers

Mr Iain Wright

NC41

To move the following Clause:—

‘(1)
An inspector appointed under section 181 may by notice require a person to

provide specified documents or information.

(2)
The power under subsection (1) may be exercised only in relation to documents

and information of a kind in respect of which the regulator can impose a

requirement under section 104.

(3)
Sections 104(3) to (7) and 105 apply for the purposes of subsection (1) (with any

necessary modifications).

(4)
An inspector may at any reasonable time—

(a)
enter premises occupied by the registered provider which is being

inspected, and

(b)
inspect, copy or take away documents found there.

(5)
An inspector may require any person on the premises to provide such facilities or

assistance as the inspector reasonably requests.

(6)
It is an offence for a person without reasonable excuse to obstruct an inspector

exercising the powers conferred by subsection (4) or (5).

(7)
A person guilty of an offence is liable on summary conviction to a fine not

exceeding level 3 on the standard scale.

Public Bill Committee: 29th January 2008
406

Housing and Regeneration Bill, continued

(8)
Proceedings for an offence may be brought only by or with the consent of—

(a)
the regulator, or

(b)
the Director of Public Prosecutions.’.

Inquiry: charities

Mr Iain Wright

NC42

To move the following Clause:—

‘(1)
An inquiry may be held in relation to a registered charity only if it has received

public assistance.

(2)
An inquiry in relation to a registered charity may only relate to its activities

relating to housing.

(3)
If an inquiry is held in relation to a registered charity the regulator shall notify the

Charity Commission.’.

Use of proceeds

Mr Iain Wright

NC43

To move the following Clause:—

‘(1)
Sums in a registered provider’s disposal proceeds fund may be used or allocated

only in accordance with a direction by the regulator.

(2)
If at the end of a period specified by the regulator the disposal proceeds fund

includes sums which have not been allocated in accordance with subsection (1),

the regulator may require the registered provider to pay the sums to the HCA.’.

Notifying HCA

Mr Iain Wright

NC44

To move the following Clause:—

‘If the regulator gives an enforcement notice it must send a copy to the HCA.’.

Public Bill Committee: 29th January 2008
407

Housing and Regeneration Bill, continued

Notifying HCA (No.2)

Mr Iain Wright

NC45

To move the following Clause:—

‘If the regulator imposes a penalty it must send a copy of the penalty notice to the

HCA.’.

Impact

Mr Iain Wright

NC46

To move the following Clause:—

‘(1)
This section applies when the regulator is considering—

(a)
whether to award compensation, or

(b)
the amount of compensation to award.

(2)
The regulator must take account of any information available to it about the

financial situation of the registered provider.

(3)
The regulator must consider the likely impact of the compensation on the

registered provider’s ability to provide services.

(4)
In particular, the regulator must aim to avoid—

(a)
jeopardising the financial viability of the registered provider,

(b)
preventing the registered provider from honouring financial

commitments, or

(c)
preventing the registered provider from taking action to remedy the

matters on the grounds of which the compensation might be awarded.’.

Suspension during inquiry

Mr Iain Wright

NC47

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.

Public Bill Committee: 29th January 2008
408

Housing and Regeneration Bill, continued

(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 by order suspend any officer, employee or agent of the

registered provider who it thinks has contributed to the failure or

mismanagement.

(5)
The regulator may suspend an officer, employee or agent of a registered charity

only if the charity has received public assistance.

(6)
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.

(7)
But the regulator may revoke an order before the end of that period.

(8)
The regulator shall notify the Charity Commission if it suspends an officer,

employee or agent of a registered charity.’.

Removal or suspension following inquiry

Mr Iain Wright

NC48

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—

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

section 173 or 174, or

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

(2)
The regulator may by order remove any officer, employee or agent of the

registered provider who it thinks has contributed to the failure or

mismanagement.

(3)
Pending a decision whether to remove an officer, employee or agent, the regulator

may by order suspend the person for a specified period of up to 6 months.

(4)
The regulator may remove or suspend an officer, employee or agent of a

registered charity only if the charity has received public assistance.

(5)
Before making an order the regulator must take all reasonable steps to give at least

14 days’ notice to—

(a)
the person, and

(b)
the registered provider.

(6)
The regulator shall notify the Charity Commission if it removes or suspends an

officer, employee or agent of a registered charity.’.

Public Bill Committee: 29th January 2008
409

Housing and Regeneration Bill, continued

Suspension under section (suspension during inquiry) or (removal or suspension

following inquiry): supplemental

Mr Iain Wright

NC49

To move the following Clause:—

‘(1)
This section applies where the regulator suspends an officer, employee or agent

of a registered provider under section (suspension during inquiry) or (removal or

suspension following inquiry).

(2)
The regulator may give directions to the registered provider about—

(a)
the performance of the suspended person’s functions, and

(b)
any other matter arising from the suspension.

(3)
The regulator may appoint a person to perform the suspended person’s

functions.’.

Appeal against removal or suspension

Mr Iain Wright

NC50

To move the following Clause:—

‘A person removed or suspended under section 231, (suspension during inquiry)

or (removal or suspension following inquiry) may appeal to the High Court.’.

Disqualification of removed person

Mr Iain Wright

NC51

To move the following Clause:—

‘(1)
A person is disqualified from acting as an officer of a registered provider if the

person has been removed under—

(a)
section (removal or suspension following inquiry), or

(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.

Public Bill Committee: 29th January 2008
410

Housing and Regeneration Bill, continued

(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.’.

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—

Public Bill Committee: 29th January 2008
411

Housing and Regeneration Bill, continued

(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.

(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.’.