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 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.
25
(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