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Session 2007 - 08
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Other Bills before Parliament

Housing and Regeneration Bill


Housing and Regeneration Bill
Part 3 — Other provisions
Chapter 3 — Housing finance and other provisions

128

 

“improvement contribution” has the same meaning as in Part 5

(see section 187);

“repairs” includes works for making good a structural defect.”

294     

Other amendments

(1)   

In paragraph 11(5B) of Schedule 5 to the Housing Act 1985 (c. 68) (exceptions

5

to the right to buy for certain accommodation for the elderly: appeals etc. to the

High Court possible by virtue of disapplication of section 231(4) of the Housing

Act 2004 (c. 34)) for “Section 231” substitute “Section 231(1), (2), (3) and (5)”.

(2)   

Subsection (1) does not apply to—

(a)   

appeals begun, or cases stated and signed, before the coming into force

10

of that subsection, or

(b)   

rights of appeal, or rights to have a case stated and signed, which have

accrued before that time.

(3)   

In paragraph 5 of Schedule 5A to the Housing Act 1985 (service of initial

demolition notices) for “Schedule 13” substitute “Schedule 5”.

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Other

295     

Disposals of dwelling-houses by local authorities

Schedule 10 (which makes provision about the requirements for consent for

disposals of dwelling-houses by local authorities) has effect.

296     

Financial assistance for information and other services

20

(1)   

In section 94(1) of the Housing Act 1996 (c. 52) (financial assistance for

provision of general legal advice about residential tenancies and advice about

estate management schemes in connection with enfranchisement)—

(a)   

after “person of” insert “information, training or”,

(b)   

after “about” insert “, or a dispute resolution service in connection

25

with”,

(c)   

at the end of paragraph (a), after “tenancies,”, insert—

“(aa)   

any other matter relating to residential tenancies,”, and

(d)   

in paragraph (b), at the beginning, insert “any matter relating to”.

(2)   

In the heading of section 94 of that Act (and the italic cross-heading before it)

30

for “legal advice” substitute “advice etc.”.

Chapter 3

Housing finance and other provisions

Housing Revenue Account subsidy

297     

Exclusions from subsidy arrangements

35

(1)   

After section 80A of the Local Government and Housing Act 1989 (c. 42)

 
 

Housing and Regeneration Bill
Part 3 — Other provisions
Chapter 3 — Housing finance and other provisions

129

 

(housing finance: Housing Revenue Account subsidy) insert—

“80B    

Agreements to exclude certain authorities or property

(1)   

Subsection (2) applies if an agreement is in force between the

appropriate person and a local housing authority for sections 79 to 80A

not to apply in relation to—

5

(a)   

the authority; or

(b)   

specified property, or specified descriptions of property, of the

authority.

(2)   

Sections 79 to 80A do not apply in relation to the authority or (as the

case may be) property for each year provided for in the agreement.

10

(3)   

Such an agreement may, in particular, contain terms and conditions

about—

(a)   

the period of years for which sections 79 to 80A are not to apply

(whether a fixed or indefinite period);

(b)   

payments to the authority by the appropriate person or by the

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authority to the appropriate person;

(c)   

the levels of rent for specified property or specified descriptions

of property (in the case of an agreement of the kind mentioned

in subsection (1)(b));

(d)   

the provision of information;

20

(e)   

the variation or termination of the agreement (whether on the

occurrence of particular events, at the discretion of the

appropriate person or otherwise).

(4)   

The appropriate person may give directions about supplementary,

incidental, consequential or transitional matters relating to the

25

variation or termination of an agreement of the kind mentioned in

subsection (1).

(5)   

Such directions may not override any provision made on the subject by

the agreement unless the directions are given with the consent of the

local housing authority concerned.

30

(6)   

The provision made by the directions or the agreement may, in

particular, include transitional provision about the terms and

conditions on which the authority or (as the case may be) property is to

become subject to sections 79 to 80A after the termination of the

agreement.

35

(7)   

This section does not restrict the circumstances in which Housing

Revenue Account subsidy is otherwise not payable to a local housing

authority, or in respect of particular property, by virtue of this Part.

(8)   

In this section—

“property” means land, houses, dwellings, buildings or property

40

of a kind falling within paragraphs (a) to (f) of section 74(1)

(property within the Housing Revenue Account); and includes

future property;

“specified, in relation to an agreement, means specified in the

agreement.”

45

 
 

Housing and Regeneration Bill
Part 3 — Other provisions
Chapter 3 — Housing finance and other provisions

130

 

(2)   

In section 88(1)(aa)(ii) of that Act (construction of Part 6: meaning of

“appropriate person”) for “National Assembly for Wales” substitute “Welsh

Ministers”.

(3)   

In Part 3 of Schedule 4 to that Act (the keeping of the Housing Revenue

Account: special cases) in paragraph 2—

5

(a)   

at the beginning insert “(1)”, and

(b)   

at the end insert—

    “(2)  

Sub-paragraph (1) does not apply to a local housing authority

in respect of a year if, by virtue of section 80B(2), sections 79

to 80A do not apply in relation to the authority for that year.”

10

Homelessness and allocation of housing

298     

Armed forces: homelessness and allocation of housing

In section 199 of the Housing Act 1996 (c. 52) (local connection test for

homelessness and housing allocation purposes: different treatment of armed

forces) omit—

15

(a)   

subsection (2),

(b)   

in subsection (3), paragraph (a) and the “or” following it,

(c)   

subsection (4), and

(d)   

in subsection (5), the word “other”.

Other

20

299     

Amendments to Housing Act 1985 relating to lending institutions

In section 622(1) of the Housing Act 1985 (c. 68) (minor definitions: general)—

(a)   

in the definition of “authorised deposit taker”, in paragraph (b), for

“12(1)” substitute “12”, and

(b)   

in the definition of “authorised insurer”, in paragraph (b), for “12(1)”

25

substitute “12”.

300     

Building regulations: time limit for prosecutions

(1)   

Section 35A of the Building Act 1984 (c. 55) (time limit for prosecution for

contravention of certain building regulations) is amended as follows.

(2)   

In the heading omit “certain”.

30

(3)   

In subsection (1) for “a relevant offence” substitute “an offence under section

35 above”.

(4)   

Omit subsections (2), (3) and (6).

(5)   

Subsections (1) to (4) above do not apply to offences committed before the

coming into force of this section.

35

 
 

Housing and Regeneration Bill
Part 4 — Supplementary and final provisions

131

 

301     

Protected mobile home sites to include sites for gypsies and travellers

In section 5(1) of the Mobile Homes Act 1983 (c. 34) (interpretation), in the

definition of “protected site”, omit the words from “does not include” to

“that,”.

302     

Financial assistance for certain services about commonhold

5

(1)   

In section 62(1) of the Commonhold and Leasehold Reform Act 2002 (c. 15)

(financial assistance for general advice about an aspect of the law of

commonhold land so far as relating to residential matters)—

(a)   

after “person of” insert “information, training or”,

(b)   

for “about an” substitute “about, or a dispute resolution service in

10

connection with—

(a)   

any”, and

(c)   

after “matters” insert “, or

(b)   

any other matter relating to commonhold land and residential

matters”.

15

(2)   

In the heading of section 62 of that Act after “advice” insert “etc.”.

Part 4

Supplementary and final provisions

303     

Orders and regulations

(1)   

The power of the Secretary of State, the Treasury or the Welsh Ministers to

20

make orders or regulations under this Act—

(a)   

is exercisable by statutory instrument,

(b)   

may be exercised so as to make provision generally or subject to

exceptions or only in relation to specified cases or circumstances or

descriptions of case,

25

(c)   

may be exercised so as to make different provision for different cases or

descriptions of case, different circumstances, different purposes or

different areas, and

(d)   

includes power to make supplementary, incidental, consequential,

transitional, transitory or saving provision.

30

(2)   

Subsection (1) does not apply to orders under—

(a)   

section 17,

(b)   

paragraph 3 of Schedule 3, or

(c)   

Schedule 4.

(3)   

An instrument containing—

35

(a)   

an order under section 14(8),

(b)   

an order of the Secretary of State under section 304,

(c)   

regulations under section 71 or 73, or

(d)   

regulations of the Secretary of State under section 266(3) or 277,

   

may not be made unless a draft of the instrument has been laid before, and

40

approved by a resolution of, each House of Parliament.

 
 

Housing and Regeneration Bill
Part 4 — Supplementary and final provisions

132

 

(4)   

An instrument containing an order under section 26 may not be made unless a

draft of the instrument has been laid before, and approved by a resolution of,

the House of Commons.

(5)   

An instrument containing—

(a)   

an order under section 13 or 39 or Part 2,

5

(b)   

regulations under Part 2,

(c)   

regulations of the Secretary of State under Chapter 1 of Part 3

(including Schedule 8 but excluding sections 266(3) and 277),

(d)   

regulations of the Secretary of State under section 284, or

(e)   

regulations under Part 3 of Schedule 3,

10

   

is subject to annulment in pursuance of a resolution of either House of

Parliament.

(6)   

An instrument containing an order of the Welsh Ministers under section 304 or

regulations of the Welsh Ministers under section 266(3) or 277 may not be made

unless a draft of the instrument has been laid before, and approved by a

15

resolution of, the National Assembly for Wales.

(7)   

An instrument containing regulations of the Welsh Ministers under Chapter 1

of Part 3 (including Schedule 8 but excluding sections 266(3) and 277) or section

284 is subject to annulment in pursuance of a resolution of the National

Assembly for Wales.

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304     

Consequential amendments and repeals

(1)   

Schedule 11 (which contains repeals) has effect.

(2)   

The Secretary of State may by order make such supplementary, incidental or

consequential provision as the Secretary of State considers appropriate for the

general purposes, or any particular purpose, of this Act or in consequence of

25

any provision made by or under this Act or for giving full effect to this Act or

any such provision.

(3)   

The power conferred by subsection (2) may, in particular, be exercised by

amending, repealing, revoking or otherwise modifying any provision made by

or under an enactment (including this Act and any Act passed in the same

30

Session as this Act).

(4)   

The power conferred by subsections (2) and (3) is also exercisable by the Welsh

Ministers so far as it is exercisable in relation to matters with respect to which

functions are exercisable by the Welsh Ministers.

305     

Transitional, transitory or saving provision

35

(1)   

The Secretary of State may by order make such transitional, transitory or

saving provision as the Secretary of State considers appropriate in connection

with the coming into force of any provision of this Act other than a Welsh

provision.

(2)   

The Welsh Ministers may by order make such transitional, transitory or saving

40

provision as the Welsh Ministers consider appropriate in connection with the

coming into force of any Welsh provision.

(3)   

In this section “Welsh provision” means any provision of this Act so far as it is

to be brought into force by an order of the Welsh Ministers.

 
 

 
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