Housing and Regeneration Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Housing and Regeneration Bill

Housing and Regeneration Bill
Part 1 — The Homes and Communities Agency
Chapter 1 — General
1

A
Bill
[AS AMENDED IN PUBLIC BILL COMMITTEE]
To
Establish the Homes and Communities Agency and make provision about it;
to abolish the Urban Regeneration Agency and the Commission for the New
Towns and make provision in connection with their abolition; to regulate
social housing; to enable the abolition of the Housing Corporation; to make
provision about sustainability certificates, landlord and tenant matters,
building regulations and mobile homes; to make further provision about
housing; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
The Homes and Communities Agency
Chapter 1
General
1
Establishment and constitution
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(1)
There shall be a body corporate known as the Homes and Communities
Agency (“the HCA”).
(2)
Schedule 1 (which makes further provision about the HCA) has effect.
2
Objects
(1)
The objects of the HCA are—
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(a)
to improve the supply and quality of housing in England,

Bill 54
54/3

Housing and Regeneration Bill
Part 1 — The Homes and Communities Agency
Chapter 1 — General
2

(b)
to secure the regeneration or development of land or infrastructure in
England, and
(c)
to support in other ways the creation, regeneration or development of
communities in England or their continued well-being,

with a view to meeting the needs of people living in England.
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(2)
In subsection (1)—
“needs” includes future needs, and
the reference to improving the supply of housing includes a reference to
improving the supply of particular kinds of housing.
(3)
In this Part—
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“building” means a building or other structure (including a house-boat or
caravan),
“caravan” has the meaning given by section 29(1) of the Caravan Sites and
Control of Development Act 1960 (c. 2),
“housing” means a building, or part of a building, occupied or intended
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to be occupied as a dwelling or as more than one dwelling; and includes
a hostel which provides temporary residential accommodation,
“infrastructure” includes—
(a)
water, electricity, gas, telecommunications, sewerage or other
services,
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(b)
roads or other transport facilities,
(c)
retail or other business facilities,
(d)
health, educational, employment or training facilities,
(e)
social, religious or recreational facilities,
(f)
cremation or burial facilities, and
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(g)
community facilities not falling within paragraphs (a) to (f),
“land” includes housing or other buildings (and see also the definition in
Schedule 1 to the Interpretation Act 1978 (c. 30)),

and references to housing include (where the context permits) any yard,
garden, outhouses and appurtenances belonging to, or usually enjoyed with,
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the building or part of building concerned.
(4)
See also section 54 (role of the HCA in relation to certain former functions of
the Commission for the New Towns).
3
Principal powers
The HCA may do anything it considers appropriate for the purposes of its
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objects or for purposes incidental to those purposes.
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Powers: general
(1)
This Part contains various specific powers of the HCA.
(2)
The specific powers of the HCA are to be exercised for the purposes of its
objects or for purposes incidental to those purposes.
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(3)
Each power may be exercised separately or together with, or as part of, another
power.
(4)
Each power does not limit the scope of another power.

Housing and Regeneration Bill
Part 1 — The Homes and Communities Agency
Chapter 2 — Land and infrastructure
3

(5)
Each power does not limit the scope of the powers conferred by section 3.
(6)
But—
(a)
subsections (2) and (3) do not apply to the HCA in its capacity as a local
planning authority by virtue of sections 13 and 14 or in its exercise of
other functions by virtue of those sections, and
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(b)
the powers conferred by section 3 must not be used to override a
restriction imposed on the exercise of a specific power.
Chapter 2
Land and infrastructure
General
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5
Powers to provide housing or other land
(1)
The HCA may provide housing or other land.
(2)
The HCA may facilitate the provision of housing or other land.
(3)
In this section “provide” includes provide by way of acquisition, construction,
conversion, improvement or repair (and “provision” is to be read in the same
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way).
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Powers for regeneration, development or effective use of land
(1)
The HCA may regenerate or develop land.
(2)
The HCA may bring about the more effective use of land.
(3)
The HCA may facilitate—
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(a)
the regeneration or development of land, or
(b)
the more effective use of land.
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Powers in relation to infrastructure
(1)
The HCA may provide infrastructure.
(2)
The HCA may facilitate the provision of infrastructure.
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(3)
In this section “provide” includes provide by way of acquisition, construction,
conversion, improvement or repair (and “provision” is to be read in the same
way).
Powers to deal with land etc.
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Powers to deal with land etc.
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The HCA may carry out, or facilitate the carrying out of, any of the following
activities in relation to land—
(a)
acquiring, holding, improving, managing, reclaiming, repairing or
disposing of housing,

Housing and Regeneration Bill
Part 1 — The Homes and Communities Agency
Chapter 2 — Land and infrastructure
4

(b)
acquiring, holding, improving, managing, reclaiming, repairing or
disposing of other land, plant, machinery, equipment or other
property, and
(c)
carrying out building and other operations (including converting or
demolishing buildings).
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Acquisition of land
(1)
The HCA may acquire land by agreement.
(2)
The HCA may acquire land compulsorily if the Secretary of State authorises it
to do so.
(3)
The power of acquiring land compulsorily under subsection (2) includes
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power to acquire new rights over land.
(4)
Subsection (5) applies where—
(a)
land or new rights over land are being acquired compulsorily under
subsection (2), and
(b)
the land which is being acquired, or over which new rights are being
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acquired, forms part of a common, open space or allotment.
(5)
The power under subsection (2) to acquire land compulsorily includes the
power to acquire land compulsorily for giving in exchange for the land or (as
the case may be) new rights mentioned in subsection (4)(a).
(6)
Schedule 2 (which makes further provision in relation to the acquisition of land
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by the HCA) has effect.
(7)
In this Part—
“allotment” means a fuel or field garden allotment,
“common” includes—
(a)
any land subject to be enclosed under the Inclosure Acts 1845 to
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1882, and
(b)
any town or village green,
“open space” means any land which is—
(a)
laid out as a public garden,
(b)
used for the purposes of public recreation, or
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(c)
a disused burial ground.
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Restrictions on disposal of land
(1)
The HCA may not dispose of land for less than the best consideration which
can reasonably be obtained unless the Secretary of State consents.
(2)
Subsection (1) does not apply to a disposal by way of a short tenancy if the
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disposal consists of—
(a)
the grant of a term of not more than 7 years, or
(b)
the assignment of a term which, at the date of assignment, has not more
than 7 years to run.
(3)
The HCA may not dispose of land which has been compulsorily acquired by it
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under this Part unless the Secretary of State consents.
(4)
Subject as above, the HCA may dispose of land held by it in any way it
considers appropriate.