Housing and Regeneration Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Housing and Regeneration Bill

Housing and Regeneration Bill
Schedule 6 — Transfer schemes
172

      (3)
The rights, powers, duties and liabilities of the transferor under or in
connection with the contract are transferred to the transferee on the transfer
date.
      (4)
Anything done before the transfer date by or in relation to the transferor in
respect of the contract or the employee is to be treated from that date as
5
having been done by or in relation to the transferee.
      (5)
In particular, a period of employment with the transferor is to be treated as
a period of employment with the transferee (and the transfer is not to be
treated as interrupting the continuity of that employment).
      (6)
This paragraph is subject to paragraph 5.
10
5     (1)
Rights and liabilities under a contract of employment are not transferred by
virtue of a scheme if the employee objects to the transfer and informs the
transferor or transferee of that fact.
      (2)
If the employee objects to the transfer and informs the transferor or
transferee of that fact—
15
(a)
the employee’s contract of employment is terminated immediately
before the transfer date, but
(b)
the employee is not to be treated, for any purpose, as having been
dismissed by the transferor.
6
If (apart from the change of employer) a substantial detrimental change is
20
made to a person’s working conditions, nothing in this Schedule affects any
right the person has to terminate the person’s contract of employment.
Civil servants treated as employed under a contract of employment etc.
7     (1)
This Schedule applies with the following modifications in relation to
employment in the civil service of the Crown on terms which do not
25
constitute a contract of employment.
      (2)
An individual who holds employment in the civil service of the Crown
immediately before the transfer date is to be treated as employed by virtue
of a contract of employment.
      (3)
The terms of the employment in the civil service of the Crown are to be
30
regarded as constituting the terms of the contract of employment.
      (4)
The reference in paragraph 5 to dismissal by the transferor is to termination
of the employment in the civil service of the Crown.
Compensation
8
A scheme may contain provision for the payment of compensation by the
35
Secretary of State to any person whose interests are adversely affected by it.
Continuity
9
A transfer by virtue of a scheme does not affect the validity of anything done
by or in relation to the transferor before the transfer takes effect.
10
Anything which—
40
(a)
is done by the transferor for the purposes of, or otherwise in
connection with, anything transferred by virtue of a scheme, and

Housing and Regeneration Bill
Schedule 7 — Amendments of enactments: Part 1
173

(b)
is in effect immediately before the transfer date,

is to be treated as done by the transferee.
11
There may be continued by or in relation to the transferee anything
(including legal proceedings)—
(a)
which relates to anything transferred by virtue of a scheme, and
5
(b)
which is in the process of being done by or in relation to the
transferor immediately before the transfer date.
12    (1)
This paragraph applies to any document—
(a)
which relates to anything transferred by virtue of a scheme, and
(b)
which is in effect immediately before the transfer date.
10
      (2)
Any references in the document to the transferor are to be read as references
to the transferee.
Supplementary etc. provision
13
A scheme may include supplementary, incidental, transitional and
consequential provision.
15
Schedule 7
Section 58

Amendments of enactments: Part 1
Public Records Act 1958 (c. 51)
1
In Schedule 1 to the Public Records Act 1958 (definition of public records),
at the end of paragraph 3, in Part 2 of the Table, insert at the appropriate
20
place—
“The Homes and Communities Agency.”
Parliamentary Commissioner Act 1967 (c. 13)
2
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation)—
25
(a)
insert, at the appropriate place, “Homes and Communities Agency”,
(b)
insert, in the Notes after the paragraph relating to the Treasury—
“Homes and Communities Agency

In the case of the Homes and Communities Agency no
investigation is to be conducted in respect of any action in
30
connection with functions in relation to town and country
planning.”,
(c)
omit the entry for the Urban Regeneration Agency, and
(d)
omit the Note relating to the Urban Regeneration Agency.
Local Government Act 1974 (c. 7)
35
3     (1)
The Local Government Act 1974 is amended as follows.
      (2)
In section 25(1) (authorities subject to investigation)—

Housing and Regeneration Bill
Schedule 7 — Amendments of enactments: Part 1
174

(a)
omit paragraph (ba), and
(b)
in paragraph (bf), for “Urban Regeneration” substitute “Homes and
Communities”.
      (3)
In section 26(7) (matters subject to investigation)—
(a)
omit paragraph (a), and
5
(b)
in paragraph (ba)—
(i)
for “Urban Regeneration” substitute “Homes and
Communities”, and
(ii)
for “Part III of the Leasehold Reform, Housing and Urban
Development Act 1993” substitute “Part 1 of the Housing and
10
Regeneration Act 2008”.
      (4)
In paragraph 8 of Schedule 5 (matters not subject to investigation) for
“Urban Regeneration” substitute “Homes and Communities”.
House of Commons Disqualification Act 1975 (c. 24)
4     (1)
Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
15
(bodies of which all members are disqualified) is amended as follows.
      (2)
Insert at the appropriate place—
“The Homes and Communities Agency.”
      (3)
Omit the entries relating to—
(a)
the Commission for the New Towns, and
20
(b)
the Urban Regeneration Agency.
Race Relations Act 1976 (c. 74)
5     (1)
Schedule 1A to the Race Relations Act 1976 (bodies and other persons
subject to general statutory duty) is amended as follows.
      (2)
In Part 1, after paragraph 52, insert—
25
“52A
The Homes and Communities Agency.”
      (3)
In Part 2, omit the entry relating to English Partnerships.
Town and Country Planning Act 1990 (c. 8)
6     (1)
Section 8A of the Town and Country Planning Act 1990 (the Urban
Regeneration Agency) is amended as follows.
30
      (2)
In the heading for “Urban Regeneration” substitute “Homes and
Communities”.
      (3)
In subsection (1)—
(a)
for “section 170 of the Leasehold Reform, Housing and Urban
Development Act 1993” substitute “section 13 of the Housing and
35
Regeneration Act 2008”,
(b)
for “subsection (1) of section 171” substitute “section 14(2)”, and
(c)
for “Urban Regeneration” substitute “Homes and Communities”.
      (4)
Omit subsection (2).

Housing and Regeneration Bill
Schedule 7 — Amendments of enactments: Part 1
175

Planning (Hazardous Substances) Act 1990 (c. 10)
7
In section 3(5A) of the Planning (Hazardous Substances) Act 1990
(hazardous substances authorities: special cases) for “Urban Regeneration”
substitute “Homes and Communities”.
Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)
5
8     (1)
The Leasehold Reform, Housing and Urban Development Act 1993 is
amended as follows.
      (2)
Omit—
(a)
sections 158 to 173, 175, 177 and 183 to 185, and
(b)
Schedules 17 to 20,
10

(provisions about the Urban Regeneration Agency).
      (3)
In section 188(6) (extent etc.) omit paragraph (b) and the “and” before it.
Freedom of Information Act 2000 (c. 36)
9     (1)
Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
authorities) is amended as follows.
15
      (2)
Insert at the appropriate place—
“The Homes and Communities Agency.”
      (3)
Omit the entries relating to—
(a)
the Commission for the New Towns, and
(b)
the Urban Regeneration Agency.
20
Planning and Compulsory Purchase Act 2004 (c. 5)
10
In section 37 of the Planning and Compulsory Purchase Act 2004
(interpretation of Part 2), after subsection (5), insert—
“(5A)
Subsection (4) must also be construed subject to any designation
order under section 13 of the Housing and Regeneration Act 2008
25
(power to make designation orders) providing that the Homes and
Communities Agency is to be the local planning authority—
(a)
for an area specified in the order, and
(b)
for all purposes of this Part or any such purposes so
specified.”
30
Local Government and Public Involvement in Health Act 2007 (c. 28)
11
In section 104(4) of the Local Government and Public Involvement in Health
Act 2007 (partner authorities), after paragraph (e), insert—
“(ea)
the Homes and Communities Agency;”.