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Housing and Regeneration Bill


Housing and Regeneration Bill
Part 1 — The Homes and Communities Agency
Chapter 5 — Supplementary

24

 

Other

56      

Validity of transactions

(1)   

A transaction between a person and the HCA is not invalid merely because of

a failure by the HCA to exercise its powers for the purposes mentioned in

sections 3 and 4(2).

5

(2)   

A transaction between a person and the HCA is not invalid merely because it

was carried out in contravention of a direction under section 49.

(3)   

A person entering into a transaction with the HCA need not be concerned as to

whether—

(a)   

there has been a failure of the kind mentioned in subsection (1), or

10

(b)   

a direction of the kind mentioned in subsection (2) has been given or

complied with.

(4)   

A disposal of land by the HCA is not invalid merely because any consent

required by section 10(1) or (3) has not been given.

(5)   

A person dealing with—

15

(a)   

the HCA, or

(b)   

a person claiming under the HCA,

   

in relation to any land need not be concerned as to whether any consent

required by section 10(1) or (3) has been given.

57      

Notices

20

(1)   

Any notice required or authorised under this Part to be served on any person

may be served by—

(a)   

delivering it to the person,

(b)   

leaving it at the person’s proper address, or

(c)   

sending it by post to the person at that address.

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(2)   

Any such notice may—

(a)   

in the case of a body corporate, be served in accordance with subsection

(1) on an officer of the body, and

(b)   

in the case of a partnership, be served in accordance with subsection (1)

on a partner or a person having the control or management of the

30

partnership business.

(3)   

For the purposes of this section and section 7 of the Interpretation Act 1978

(c. 30) (service of documents by post) in its application to this section, the

proper address of any person on whom a notice is to be served is the person’s

last known address except as follows.

35

(4)   

For the purposes of this section and section 7 of the Act of 1978 in its

application to this section, the proper address is—

(a)   

in the case of service on a body corporate or an officer of the body, the

address of the registered or principal office of the body, and

(b)   

in the case of service on a partnership, a partner or a person having the

40

control or management of the partnership business, the address of the

principal office of the partnership.

 
 

Housing and Regeneration Bill
Part 1 — The Homes and Communities Agency
Chapter 5 — Supplementary

25

 

(5)   

For the purposes of subsection (4) the principal office of a company registered

outside the United Kingdom or of a partnership carrying on business outside

the United Kingdom is its principal office within the United Kingdom.

(6)   

Subsection (7) applies if a person to be served under this Part with a notice has

specified an address within the United Kingdom other than the person’s

5

proper address (as decided under subsections (3) and (4)) as the one at which

the person, or someone on the person’s behalf, will accept documents of the

same description as the notice.

(7)   

The specified address is also to be treated for the purposes of this section and

section 7 of the Act of 1978 in its application to this section as the person’s

10

proper address.

(8)   

Subsection (9) applies if the name or address of any owner, lessee or occupier

of land on whom a notice is to be served under this Part cannot, after

reasonable inquiry, be ascertained.

(9)   

The notice may be served by—

15

(a)   

leaving it in the hands of a person who is, or appears to be, resident or

employed on the land, or

(b)   

leaving it conspicuously affixed to a building or object on the land.

(10)   

Any notice required or authorised under this Part to be served on any person

may be served on the person by transmitting the text of the notice to the person

20

by means of an electronic communications network or by other means but

while in electronic form provided the text is received by the person in legible

form and is capable of being used for subsequent reference.

(11)   

In this section—

“body corporate” includes a limited liability partnership,

25

“director”, in relation to a body corporate whose affairs are managed by

its members, means a member of the body corporate,

“officer of a body corporate” means any director, manager, secretary or

other similar officer of the body corporate,

“partnership” does not include a limited liability partnership,

30

   

and references to serving include references to similar expressions (such as

giving or sending).

58      

Consequential amendments: Part 1

Schedule 7 (which contains amendments of enactments) has effect.

59      

Interpretation: Part 1

35

In this Part—

“conduit system” has the same meaning as in the electronic

communications code; and references to providing a conduit system

are to be read in accordance with paragraph 1(3A) of that code,

“develop” (and development), in relation to land or infrastructure,

40

includes redevelop (and redevelopment),

“electronic communications apparatus” has the same meaning as in the

electronic communications code,

“the electronic communications code” has the same meaning as in

Chapter 1 of Part 2 of the Communications Act 2003 (c. 21),

45

 
 

Housing and Regeneration Bill
Part 1 — The Homes and Communities Agency
Chapter 5 — Supplementary

26

 

“electronic communications code network” means—

(a)   

so much of an electronic communications network or conduit

system provided by an electronic communications code

operator as is not excluded from the application of the electronic

communications code by a direction under section 106 of the

5

Act of 2003 (application of the electronic communications code),

and

(b)   

an electronic communications network which the Secretary of

State is providing or proposing to provide,

“electronic communications code operator” means a person in whose case

10

the electronic communications code is applied by a direction under

section 106 of the Act of 2003,

“electronic communications network” has the same meaning as in the Act

of 2003,

“enactment” includes subordinate legislation (within the meaning of the

15

Interpretation Act 1978 (c. 30)),

“financial year” means—

(a)   

the period beginning with the day on which the HCA is

established and ending with the next 31 March, and

(b)   

each subsequent period of 12 months ending with 31 March,

20

“highway” has the same meaning as in the Highways Act 1980 (c. 66),

“improve”, in relation to housing and other land, includes refurbish,

equip and fit out,

“modifications” includes omissions,

“notice” means notice in writing,

25

“operator”, in relation to an electronic communications code network

means—

(a)   

the electronic communications code operator providing that

network, or

(b)   

the Secretary of State, so far as the Secretary of State is providing

30

or proposing to provide that network,

“private street” has the same meaning as in Part 11 of the Highways Act

1980,

“provide” and related expressions, in relation to an electronic

communications network, are to be read in accordance with section

35

32(4) of the Communications Act 2003 (c. 21).

60      

Index of defined expressions: Part 1

In this Part, the expressions listed in the left-hand column have the meaning

given by, or are to be interpreted in accordance with, the provisions listed in

the right-hand column.

40

 

Expression

Provision

 
 

Allotment

Section 9(7)

 
 

Building

Section 2(3)

 
 

Caravan

Section 2(3)

 
 

Common

Section 9(7)

 

45

 
 

Housing and Regeneration Bill
Part 1 — The Homes and Communities Agency
Chapter 5 — Supplementary

27

 
 

Expression

Provision

 
 

Conduit system (and providing such a system)

Section 59

 
 

Designated area

Section 13(6)

 
 

Designation order

Section 13(6)

 
 

Develop (and development)

Section 59

 

5

 

Electronic communications apparatus

Section 59

 
 

Electronic communications code

Section 59

 
 

Electronic communications code network

Section 59

 
 

Electronic communications code operator

Section 59

 
 

Electronic communications network

Section 59

 

10

 

Enactment

Section 59

 
 

Financial year

Section 59

 
 

Giving directions

Section 49(6)

 
 

The HCA

Section 1(1)

 
 

Highway

Section 59

 

15

 

Housing

Section 2(3)

 
 

Improve

Section 59

 
 

Infrastructure

Section 2(3)

 
 

Land

Section 2(3) (and Schedule 1

 
  

to the Interpretation Act

 

20

  

1978 (c. 30))

 
 

Local planning authority (in relation to designation orders

Section 13(6)

 
 

or proposed designation orders)

  
 

Modifications

Section 59

 
 

Notice

Section 59

 

25

 

Objects of the HCA

Sections 2 and 54(3)

 
 

Open space

Section 9(7)

 
 

Operator (in relation to electronic communications code

Section 59

 
 

network)

  
 

Permitted purposes

Section 13(6)

 

30

 

Private street

Section 59

 
 

Provide (in relation to an electronic communications

Section 59

 
 

network)

  
 

Registered provider of social housing

Section 81(2)(a)

 
 

Regulator of Social Housing

Section 82(2)(a)

 

35

 

Social housing (and its provision)

Section 36(8)

 
 

Social housing assistance

Section 36(8)

 
 
 

Housing and Regeneration Bill
Part 2 — Regulation of Social Housing
Chapter 1 — Introduction

28

 
 

Expression

Provision

 
 

Urban development corporation

Section 45(7)

 
 

Part 2

Regulation of Social Housing

Chapter 1

5

Introduction

Preliminary

61      

Purpose

The purpose of this Part is to regulate the provision of social housing (as

defined in sections 69 to 78) by English bodies (as defined in section 80).

10

62      

Structural overview

(1)   

This Part replaces the system of “registered social landlords” under Part 1 of

the Housing Act 1996 (c. 52).

(2)   

That Part will continue to apply in relation to Wales (see section 63).

(3)   

Certain provisions of that Part—

15

(a)   

are applied in relation to England by this Part (see section 172), or

(b)   

are preserved although they apply to England only (see section 124).

(4)   

The Table describes the content of this Part.

 

Chapter

Sections

Topic

Contents

 
 

1

61 to 81

Introduction

(a)   

Preliminary

 

20

    

(b)   

Social housing

 
    

(c)   

Other key concepts

 
 

2

82 to 110

The Social Housing

(a)   

Constitution

 
   

Regulator

(b)   

Proceedings

 
    

(c)   

Powers

 

25

    

(d)   

Money

 
    

(e)   

Relationship with other

 
    

bodies

 
    

(f)   

Information

 
 

3

111 to 121

Registration

(a)   

Introduction

 

30

    

(b)   

Eligibility

 
    

(c)   

Procedure

 
 

4

122 to 163

Registered providers

(a)   

General provisions

 
    

(b)   

Accounts

 
    

(c)   

Insolvency etc.

 

35

    

(d)   

Restructuring and dissolution

 
 
 

Housing and Regeneration Bill
Part 2 — Regulation of Social Housing
Chapter 1 — Introduction

29

 
 

Chapter

Sections

Topic

Contents

 
 

5

164 to 178

Disposal of property

(a)   

Introductory

 
    

(b)   

Regulator’s consent

 
    

(c)   

Proceeds

 
    

(d)   

Tenants’ rights and duties

 

5

    

(e)   

Miscellaneous

 
    

(f)   

Consents under other

 
    

legislation

 
 

6

179 to 203

Regulatory powers

(a)   

Standards

 
    

(b)   

Monitoring

 

10

    

(c)   

Management and

 
    

constitution

 
    

(d)   

Guidance

 
    

(e)   

Managers of social housing

 
 

7

204 to 255

Enforcement powers

(a)   

Enforcement notice

 

15

    

(b)   

Penalty

 
    

(c)   

Compensation

 
    

(d)   

Management

 
    

(e)   

Restrictions on dealings

 
    

(f)   

Suspension and removal of

 

20

    

officers

 
 

8

256 to 264

General

(a)   

Interpretation

 
    

(b)   

Miscellaneous

 
 

63      

Restriction of “registered social landlord” system to Wales

(1)   

Part 1 of the Housing Act 1996 (c. 52) (social rented sector) is amended as

25

follows (and the title of Part 1 becomes “Social Rented Sector in Wales”).

(2)   

Before section 1 (register of social landlords) insert—

“A1     

Introduction

This Chapter provides for the registration of social landlords in Wales.”

(3)   

In section 1—

30

(a)   

for “The Relevant Authority” substitute “The Welsh Ministers”, and

(b)   

omit subsections (1A) and (1B).

(4)   

After section 1 insert—

“1A     

Welsh bodies

In this Chapter “Welsh body” means a body which is—

35

(a)   

a registered charity whose address, for the purposes of

registration by the Charity Commission for England and Wales,

is in Wales,

(b)   

an industrial and provident society whose registered office for

the purposes of the Industrial and Provident Societies Act 1965

40

is in Wales, or

(c)   

a company within the meaning of the Companies Act 2006

which has its registered office for the purposes of that Act in

Wales.”

(5)   

In section 2 (eligibility for registration)—

45

 
 

Housing and Regeneration Bill
Part 2 — Regulation of Social Housing
Chapter 1 — Introduction

30

 

(a)   

in subsection (1), for “A body” substitute “A Welsh body”,

(b)   

in subsection (2) after “that the body is” insert “principally concerned

with Welsh housing, is”, and

(c)   

after subsection (2) insert—

“(2A)   

A body is principally concerned with Welsh housing if the

5

Welsh Ministers think—

(a)   

that it owns housing only or mainly in Wales, or

(b)   

that its activities are principally undertaken in respect of

Wales;

   

and once a body has been registered in reliance on paragraph

10

(a) or (b) it does not cease to be eligible for registration by virtue

only of ceasing to satisfy that paragraph.”,

(d)   

in subsection (7) for “Secretary of State” (in each place) substitute

“Welsh Ministers”, and

(e)   

in subsection (8) for “either House of Parliament” substitute “the

15

National Assembly for Wales”.

(6)   

In section 3 (registration)—

(a)   

in subsection (1) for “any body” substitute “any Welsh body”, and

(b)   

in subsection (4) for “A body” substitute “A Welsh body”.

(7)   

The table sets out substitutions which have effect throughout the Part (except

20

section 51 and Schedule 2); and where necessary in consequence of those

substitutions, for words in the singular substitute appropriate corresponding

words in the plural.

 

Expression

Substitution

 
 

“the Relevant Authority”

“the Welsh Ministers”

 

25

 

“the Authority”

“the Welsh Ministers”

 
 

“the Relevant Authority’s”

“the Welsh Ministers”

 

(8)   

Omit section 56 (meaning of “the Relevant Authority”).

(9)   

Sections 64 and 65 make other consequential amendments.

64      

References to Welsh Ministers

30

In the following provisions of the Housing Act 1996 (c. 52)—

(a)   

for “Secretary of State” substitute “Welsh Ministers”,

(b)   

for “Secretary of State makes” substitute “Welsh Ministers make”,

(c)   

for “he” substitute “they”,

(d)   

for “him” substitute “them” (except in section 12A(4)), and

35

(e)   

for “considers” substitute “consider”.

 

Provision

Topic

 
 

Section 9(1A)(b)

Consent for disposal of land

 
 

Section 12A(4)

Right of first refusal: regulations

 
 
 

 
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