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 10 — Disposals of dwelling-houses by local authorities
183

(c)
after subsection (4A) insert—
“(4AA)
The estimate mentioned in subsection (4A)(ca) is to be based
on such assumptions (including as to the period during
which housing subsidies may be payable) as the appropriate
national body may determine, regardless of whether those
5
assumptions are, or are likely to be, borne out by events.
(4AB)
In this section—
“appropriate national body”—
(a)
in relation to England, means the Secretary of
State; and
10
(b)
in relation to Wales, means the Welsh
Ministers;
“dwelling-house” has the same meaning as in Part 5 of
this Act except that it does not include a hostel or any
part of a hostel;
15
“the exchequer costs”, in relation to a large scale
disposal, means any increase which is or may be
attributable to the disposal in the aggregate of any
housing subsidies;
“housing subsidies” means any subsidies payable
20
under—
(a)
section 140A of the Social Security
Administration Act 1992 (subsidy); or
(b)
section 79 of the Local Government and
Housing Act 1989 (Housing Revenue Account
25
subsidy);
“large scale disposal” means a disposal of one or more
dwelling-houses by a local authority to a person
where—
(a)
the number of dwelling-houses included in
30
the disposal; and
(b)
the number of dwelling-houses which, in the
relevant period, have previously been
disposed of by the authority to that person, or
that person and any of the person’s associates
35
taken together,
exceeds 499 or, if the appropriate national body by
order so provides, such other number as may be
specified in the order;
“long lease” means a lease for a term of years certain
40
exceeding 21 years other than a lease which is
terminable before the end of that term by notice given
by or to the landlord;
“the relevant period”, in relation to a large scale disposal
means—
45
(a)
the period of 5 years ending with the date of
the disposal; or
(b)
if the appropriate national body by order so
provides, such other period ending with that
date as may be specified in the order;
50

Housing and Regeneration Bill
Schedule 10 — Disposals of dwelling-houses by local authorities
184

“subsidiary” has the same meaning as in section 61 of
the Housing Act 1996 but as if references in
subsection (2) of that section and section 60 of that Act
to registered social landlords and landlords were
references to housing associations (within the
5
meaning of the Housing Associations Act 1985).
(4AC)
For the purposes of this section—
(a)
a disposal of any dwelling-house is to be disregarded
if at the time of the disposal the local authority’s
interest in the dwelling-house is or was subject to a
10
long lease;
(b)
two persons are associates of each other if—
(i)
one of them is a subsidiary of the other;
(ii)
they are both subsidiaries of some other
person; or
15
(iii)
there exists between them such relationship or
other connection as may be specified in a
determination made by the appropriate
national body; and
(c)
a description of an authority may be framed by
20
reference to any circumstances whatever.
(4AD)
An order made by the appropriate national body under this
section—
(a)
is to be made by statutory instrument which—
(i)
in the case of an order made by the Secretary
25
of State, is subject to annulment in pursuance
of a resolution of either House of Parliament;
and
(ii)
in the case of an order made by the Welsh
Ministers, is subject to annulment in
30
pursuance of a resolution of the National
Assembly for Wales;
(b)
may make different provision for different cases or
descriptions of case, or for different authorities or
descriptions of authority; and
35
(c)
may contain such transitional and supplementary
provisions as appear to the appropriate national body
to be necessary or expedient.
(4AE)
A determination under this section—
(a)
may make different provision for different cases or
40
descriptions of case, or for different authorities or
descriptions of authority; and
(b)
may be varied or revoked by a subsequent
determination.”
      (3)
In section 43 (consent required for certain disposals not within section 32)—
45
(a)
in subsection (1) for “Secretary of State” substitute “appropriate
national body”,
(b)
in subsection (4A)—
(i)
for “Secretary of State” substitute “appropriate national
body”,
50

Housing and Regeneration Bill
Schedule 10 — Disposals of dwelling-houses by local authorities
185

(ii)
after “disposal;” at the end of paragraph (c), insert—
“(ca)
in the case of a proposed disposal which is part of a
proposed large scale disposal, the appropriate
national body’s estimate of the exchequer costs of the
large scale disposal;”, and
5
(iii)
in paragraph (d) for “he” substitute “the appropriate national
body”, and
(c)
after subsection (4A) insert—
“(4AA)
The estimate mentioned in subsection (4A)(ca) is to be based
on such assumptions (including as to the period during
10
which housing subsidies may be payable) as the appropriate
national body may determine, regardless of whether those
assumptions are, or are likely to be, borne out by events.
(4AB)
Subsections (4AB) to (4AE) of section 34 apply for the
purposes of this section as they apply for the purposes of that
15
section.”, and
(d)
in subsection (5A) after “this section” insert “(other than in
subsection (4A)(ca) and in subsections (4AB) to (4AE) of section 34 as
applied for the purposes of this section)”.
Housing Act 1988 (c. 50)
20

In section 133(3) of the Housing Act 1988 (consent required for certain
subsequent disposals)—
(a)
in paragraph (a) for “and (3) to (4A)” substitute “, (3), (4) and (4A)(a)
to (c) and (d)”,
(b)
in paragraph (b) for “and (3) to (4A)” substitute “, (3), (4) and (4A)(a)
25
to (c) and (d)”, and
(c)
in paragraph (c) for “(4A)” substitute “(4A)(a) to (c) and (d)”.
Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)
1     (1)
The Leasehold Reform, Housing and Urban Development Act 1993 is
amended as follows.
30
      (2)
Omit section 135 (programmes for disposals of dwelling-houses by local
authorities).
      (3)
In section 136 (levy on disposals) for subsection (14) substitute—
“(14)
In this section—
“the 1989 Act” means the Local Government and Housing Act
35
1989;
“dwelling-house” has the same meaning as in Part 5 of the 1985
Act except that it does not include a hostel (as defined in
section 622 of that Act) or any part of a hostel;
“local authority” has the meaning given by section 4 of that Act;
40
“long lease” means a lease for a term of years certain exceeding
21 years other than a lease which is terminable before the end
of that term by notice given by or to the landlord;
“subsidiary” has the same meaning as in section 61 of the
Housing Act 1996 but as if references in subsection (2) of that
45
section and section 60 of that Act to registered social

Housing and Regeneration Bill
Schedule 10 — Disposals of dwelling-houses by local authorities
186

landlords and landlords were references to housing
associations (within the meaning of the Housing
Associations Act 1985).
(15)
For the purposes of this section—
(a)
a disposal of any dwelling-house is to be disregarded if at the
5
time of the disposal the local authority’s interest in the
dwelling-house is or was subject to a long lease;
(b)
two persons are associates of each other if—
(i)
one of them is a subsidiary of the other;
(ii)
they are both subsidiaries of some other person; or
10
(iii)
there exists between them such relationship or other
connection as may be specified in a determination
made by the Secretary of State; and
(c)
a description of authority may be framed by reference to any
circumstances whatever.”
15
      (4)
Omit section 137(1) to (3) (disposals: transitional provisions in relation to
section 135).
      (5)
The reference to the Secretary of State in subsection (15) of section 136 of the
Act of 1993, as inserted by sub-paragraph (3) above, is to be read in the same
way as other references to the Secretary of State in that section of that Act.
20
Housing Act 1996 (c. 52)
     (1)
The Housing Act 1996 is amended as follows.
      (2)
In section 51(2)(b) (schemes for investigation of complaints) for “a qualifying
disposal” substitute “—
(i)
a large scale disposal, within the meaning of section
25
34 of the Housing Act 1985, for which consent was
required under section 32 or 43 of that Act; or
(ii)
a qualifying disposal that was made”.
      (3)
In paragraph 5(1)(b) of Part 2 of Schedule 1 (constitution, change of rules,
amalgamation and dissolution: restriction on power of removal in case of
30
registered charity) for “a qualifying disposal” substitute “—
(i)
a large scale disposal, within the meaning of section
34 of the Housing Act 1985, for which consent was
required under section 32 or 43 of that Act, or
(ii)
a qualifying disposal that was made”.
35
      (4)
In paragraph 28(1)(b) of Part 4 of Schedule 1 (inquiry into affairs of
registered social landlords: availability of powers in relation to registered
charities) for “a qualifying disposal” substitute “—
(i)
a large scale disposal, within the meaning of section
34 of the Housing Act 1985, for which consent was
40
required under section 32 or 43 of that Act, or
(ii)
a qualifying disposal that was made”.