House of Commons Public Bill Committee Proceedings

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Session 2007 - 08
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Other Bills before Parliament

Public Bill Committee Proceedings: 29th January 2008
73

Housing and Regeneration Bill, continued

Mr Nick Raynsford

Lembit Öpik

Andrew George

Not called  48

Clause  174,  page  68,  line  27,  at end insert—

‘(2)
No standard may be set that would require a registered provider to act in any way

that is inconistent with—

(a)
its rules, memorandum and articles of association, or equivalent

governing instrument;

(b)
any legal or contractual commitment, including any loan covenant, for

the time being binding upon it; or

(c)
if applicable, its status as a charity (whether or not registered as such).’.

Mr Iain Wright

Agreed to  231

Clause  174,  page  68,  line  27,  at end insert—

‘( )
In respect of profit-making registered providers, standards may be made in

relation to the management of their affairs only so far as relating to the provision

of social housing.’.

Clause, as amended, Agreed to.

Clause 175 Agreed to.

Mr Iain Wright

Agreed to  232

Clause  176,  page  68,  line  38,  after ‘standards’ insert ‘or issuing, revising or

withdrawing a code of practice’.

Mr Iain Wright

Agreed to  233

Clause  176,  page  68,  line  41,  at end insert—

‘( )
one or more bodies appearing to it to represent the interests of secured

creditors of registered providers,’.

Clause, as amended, Agreed to.

Mr Iain Wright

Agreed to  234

Clause  177,  page  69,  line  8,  at end insert—

‘( )
In deciding whether to give a direction the Secretary of State shall, in particular,

have regard to the regulator’s fundamental objectives.’.

Public Bill Committee Proceedings: 29th January 2008
74

Housing and Regeneration Bill, continued

Mr Nick Raynsford

Lembit Öpik

Andrew George

Not called  49

Clause  177,  page  69,  line  8,  at end insert—


‘provided that any such directive is consistent with the regulator’s fundamental

objectives as defined in section 86.’.

Mr Iain Wright

Agreed to  235

Clause  177,  page  69,  line  15,  at end insert—

‘( )
A direction may disapply the requirement to consult under section 176 in relation

to specified matters.’.

Mr Iain Wright

Agreed to  236

Clause  177,  page  69,  line  17,  after ‘publish’ insert ‘—

( )
each proposed direction that is the subject of a consultation,

( )
each response to a consultation, and

( )
’.

Mr Iain Wright

Agreed to  237

Clause  177,  page  69,  line  18,  leave out subsection (5).

Clause, as amended, Agreed to.

Mr Nick Raynsford

Lembit Öpik

Andrew George

Withdrawn  50

Clause  178,  page  69,  line  21,  leave out subsection (1) and insert—

‘(1)
The regulator may exercise its powers as set out in Chapters 6 and 7 in order to

secure the proper management of the affairs of a registered provider. In

considering whether mismanagement or misconduct has occurred, the regulator

may have regard (among other matters) to the extent to which the standards are

being or have been followed.’.

Mr Iain Wright

Agreed to  238

Clause  178,  page  69,  line  26,  at end insert—

‘( )
Standards may be expressed by reference to documents prepared by others.’.

Clause, as amended, Agreed to.

Clause 179 Agreed to.

Public Bill Committee Proceedings: 29th January 2008
75

Housing and Regeneration Bill, continued

Mr Iain Wright

Agreed to  239

Clause  180,  page  70,  line  24,  at end insert—

‘( )
Proceedings for an offence under this section may be brought only by or with the

consent of—

(a)
the regulator, or

(b)
the Director of Public Prosecutions.’.

Clause, as amended, Agreed to.

Mr Iain Wright

Agreed to  240

Clause  181,  page  70,  line  26,  after ‘may’ insert ‘arrange for an inspector to’.

Mr Iain Wright

Agreed to  241

Clause  181,  page  70,  line  26,  after ‘inspect’ insert ‘—

(a)
’.

Mr Iain Wright

Agreed to  242

Clause  181,  page  70,  line  27,  at end insert ‘, or

(b)
the financial or other affairs of a registered provider.’.

Mr Iain Wright

Agreed to  243

Clause  181,  page  70,  line  27,  at end insert—

‘( )
“Inspector” means one or more members of the regulator’s staff, or other persons,

authorised in writing by the regulator for the purposes of conducting the

inspection.’.

Mr Iain Wright

Agreed to  244

Clause  181,  page  70,  line  27,  at end insert—

‘( )
After carrying out an inspection an inspector must produce a written report.

( )
The regulator—

(a)
must give the registered provider a copy of the report, and

(b)
may publish the report and related information.’.

Mr Iain Wright

Agreed to  245

Clause  181,  page  70,  line  29,  leave out subsection (3).

Lembit Öpik

Andrew George

Agreed to  335

Clause  181,  page  70,  line  33,  leave out subsections (4) to (7).

Public Bill Committee Proceedings: 29th January 2008
76

Housing and Regeneration Bill, continued

Mr Iain Wright

Agreed to  246

Clause  181,  page  70,  line  37,  leave out ‘and’.

Mr Iain Wright

Agreed to  247

Clause  181,  page  70,  line  39,  at end insert—

‘( )
the Audit Commission for Local Authorities and the National Health

Service in England, and

( )
such other persons as the Secretary of State thinks appropriate.’.

Clause, as amended, Agreed to.

Clause 182 Agreed to.

Mr Iain Wright

Agreed to  248

Clause  183,  page  71,  line  17,  leave out ‘in relation to social housing’.

Mr Iain Wright

Agreed to  249

Clause  183,  page  71,  line  22,  after ‘they’, insert ‘and the members of their family’.

Clause, as amended, Agreed to.

Mr Iain Wright

Agreed to  250

Clause  184,  page  71,  line  28,  at end insert—

‘( )
The inquirer may consider the affairs of a profit-making registered provider only

so far as relating to social housing.’.

Mr Iain Wright

Agreed to  251

Clause  184,  page  71,  line  33,  leave out ‘publish’ and insert ‘arrange for the

publication of’.

Clause, as amended, Agreed to.

Mr Iain Wright

Agreed to  252

Clause  185,  page  72,  line  2,  leave out from ‘to’ to end of line 5 and insert ‘provide

specified documents or information.’.

Public Bill Committee Proceedings: 29th January 2008
77

Housing and Regeneration Bill, continued

Mr Iain Wright

Agreed to  253

Clause  185,  page  72,  line  6,  leave out subsection (2) and insert—

‘(2)
The notice may, in particular, require evidence to be given on oath (and the

inquirer may administer oaths for that purpose).’.

Mr Iain Wright

Agreed to  254

Clause  185,  page  72,  line  8,  leave out ‘to persons’ and insert ‘documents’.

Mr Iain Wright

Agreed to  255

Clause  185,  page  72,  line  11,  leave out ‘(4), (5), (6) and’ and insert ‘(3) to’.

Clause, as amended, Agreed to.

Mr Iain Wright

Agreed to  256

Clause  186,  page  72,  line  21,  at end insert—

‘( )
The revenue accounts of a registered charity may be audited under this section

only insofar as they relate to its housing activities.’.

Clause, as amended, Agreed to.

Mr Nick Raynsford

Not selected  349

Page  72,  line  25,  leave out Clause 187.

Clause Agreed to.

Mr Nick Raynsford

Not called  350

Clause  188,  page  72,  line  31,  leave out from ‘office’ to end of line 36 and insert ‘or,

(c)
rules, except as provided in subsection (3).

(3)
The regulator’s prior written consent is required to any change in the society’s

objects, or any change in the society’s rules directing the application of its

property in the event of its dissolution, or any change providing authorisation for

any benefit to be obtained by directors or members of the society or persons

connected with them.

(4)
Any change requiring the regulator’s consent shall be invalid unless such consent

has been obtained.

(5)
In respect of changes requiring the regulator’s consent, the requirement in section

10(1) of the Industrial and Provident Societies Act 1965 (c. 12) (sending copies

Public Bill Committee Proceedings: 29th January 2008
78

Housing and Regeneration Bill, continued

of amendment of rules to FSA) is satisfied only if the copies are accompanied by

a copy of the regulator’s consent.’.

Mr Iain Wright

Not called  257

Clause  188,  page  72,  line  33,  at end insert—

‘( )
The regulator may not consent to an amendment which it thinks would turn the

society into a profit-making organisation.’.

Clause Agreed to.

Clause 189 Agreed to.

Mr Nick Raynsford

Not called  351

Clause  190,  page  73,  line  10,  leave out from ‘office’ to end of line 15 and insert ‘or,

(c)
memorandum and articles of association, except as provided in

subsection (3).

(3)
The regulator’s prior written consent is required to any change in the objects

clause in the company’s memorandum of association, or any change in the

company’s memorandum or articles of association directing the application of its

property in the event of its dissolution, or any change in the company’s

memorandum or articles of association providing authorisation for any benefit to

be obtained by directors or members of the company or persons connected with

them.

(4)
Any change requiring the regulator’s consent shall be invalid unless such consent

has been obtained.

(5)
In respect of changes requiring the regulator’s consent, the requirement in section

30 of the Companies Act 2006 (c. 46) (sending copy of resolution to registrar) is

satisfied only if the copy is accompanied by a copy of the regulator’s consent.’.

Mr Iain Wright

Agreed to  258

Clause  190,  page  73,  line  12,  at end insert—

‘( )
The regulator may not consent to an amendment which it thinks would turn the

company into a profit-making organisation.’.

Clause, as amended, Agreed to.

Mr Iain Wright

Not selected  259

Page  73,  line  17,  leave out Clause 191.

Clause Disagreed to.

Public Bill Committee Proceedings: 29th January 2008
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Housing and Regeneration Bill, continued

Clauses 192 and 193 Agreed to.

Mr Iain Wright

Agreed to  260

Clause  194,  page  74,  line  11,  leave out from ‘may’ to end of line 13 and insert

‘refer to accreditation under this section.’.

Clause, as amended, Agreed to.

Alistair Burt

Not called  325

Clause  195,  page  74,  line  19,  at end add—

‘(b)
shall not apply to local housing authorities and persons controlled by

local housing authorities.’.

Clause Agreed to.

Mr Iain Wright

Agreed to  261

Clause  196,  page  74,  line  28,  at end insert—

‘( )
Case 2A is where the registered provider has failed to comply with an earlier

enforcement notice.’.

Mr Iain Wright

Agreed to  262

Clause  196,  page  74,  line  28,  at end insert—

‘( )
Case 2B is where the registered provider has failed to publish information in

accordance with a requirement under section 205(2A) or 217(2A).’.

Mr Iain Wright

Agreed to  263

Clause  196,  page  74,  line  33,  at end insert—

‘( )
Case 5A is where the registered provider has failed to pay an annual fee under

section 113(2).’.

Clause, as amended, Agreed to.

Mr Iain Wright

Agreed to  264

Clause  197,  page  75,  line  11,  at end insert—