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
Part 2 — Regulation of Social Housing
Chapter 5 — Disposal of property
70

(3)
The provisions have effect with the following substitutions—

Existing reference
Substituted reference

Registered social landlord
Registered provider

Relevant Authority
The regulator

Miscellaneous
5
173
Unregistered housing associations
(1)
Part 1 of the Housing Associations Act 1985 (c. 69) (regulation of housing
associations) is amended as follows.
(2)
In the following provisions for “the Housing Corporation” substitute “the
Regulator of Social Housing”—
10
(a)
section 9(1A)(a) and (6)(a) (control of dispositions by unregistered
housing associations), and
(b)
section 10(1)(a) (section 9: exceptions).
174
Former registered providers
Where a person ceases to be a registered provider, sections 165 to 169 continue
15
to apply in respect of any property owned by the person at any time when it
was registered.
175
Trustees
Section 39 of the Settled Land Act 1925 (c. 18) (disposal by trustees: best price
etc.) shall not apply to the disposal of land by a registered provider.
20
176
Charities
Nothing in this Chapter authorises a charity to effect a disposal which it would
not otherwise have power to effect.
Consents under other legislation
177
Consent to disposals under other legislation
25
The Secretary of State’s functions under the following provisions are
transferred to the regulator in so far as they relate to disposals by registered
providers—
(a)
section 171D of the Housing Act 1985 (c. 68) (consent to certain
disposals of housing subject to the preserved right to buy), and
30
(b)
section 81 and 133 of the Housing Act 1988 (c. 50) (consent to certain
disposals of housing obtained from housing action trusts or local
authorities).

Housing and Regeneration Bill
Part 2 — Regulation of Social Housing
Chapter 5 — Disposal of property
71

178
Section 177: consequential amendments
(1)
In section 171D of the Housing Act 1985 (consent to certain disposals of
housing obtained subject to the preserved right to buy)—
(a)
in subsection (2) (consent) for “Secretary of State” substitute
“appropriate authority”, and
5
(b)
after that subsection insert—
“(2A)
“The appropriate authority” means—
(a)
in relation to a disposal of land in England by a
registered provider of social housing, the Regulator of
Social Housing,
10
(b)
in relation to any other disposal of land in England, the
Secretary of State, and
(c)
in relation to a disposal of land in Wales, the Welsh
Ministers.”
(2)
In section 81 of the Housing Act 1988 (consent to certain disposals of housing
15
obtained from housing action trusts)—
(a)
in subsection (3) (consent) for “Secretary of State” substitute
“appropriate authority”,
(b)
after that subsection insert—
“(3A)
In this section “the appropriate authority” means—
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(a)
in relation to a disposal of land in England by a
registered provider of social housing, the Regulator of
Social Housing,
(b)
in relation to any other disposal of land in England, the
Secretary of State, and
25
(c)
in relation to a disposal of land in Wales, the Welsh
Ministers.”,
(c)
in subsection (5) (consultation of tenants) for “Secretary of State”
substitute “appropriate authority”,
(d)
in subsection (5)(a) for “himself” substitute “itself”, and
30
(e)
omit subsection (6) (consultation of Housing Corporation).
(3)
In section 133 of that Act (consent to certain disposals of housing obtained from
local authorities)—
(a)
in subsection (1) (consent) for “Secretary of State” substitute
“appropriate authority”,
35
(b)
after that subsection insert—
“(1ZA)
In this section “the appropriate authority” means—
(a)
in relation to a disposal of land in England by a
registered provider of social housing, the Regulator of
Social Housing,
40
(b)
in relation to any other disposal of land in England, the
Secretary of State, and
(c)
in relation to a disposal of land in Wales, the Welsh
Ministers.”,
(c)
in subsection (3)(c) (modification of certain provisions applied for the
45
purposes of section 133) after “this section,” insert “any reference to the
appropriate national body shall be construed as a reference to the
appropriate authority and”,

Housing and Regeneration Bill
Part 2 — Regulation of Social Housing
Chapter 6 — Regulatory powers
72

(d)
in subsection (5) (consultation of tenants) for “Secretary of State”
substitute “appropriate authority”,
(e)
in subsection (5)(a) for “himself” substitute “itself”, and
(f)
omit subsection (6) (consultation of Housing Corporation).
Chapter 6
5
Regulatory powers
179
Overview
This Chapter—
(a)
allows the regulator to set standards for the provision of social housing
(sections 180 to 185),
10
(b)
gives the regulator powers to monitor compliance (sections 186 to 196),
(c)
gives the regulator a degree of control over the governance of non-
profit registered providers (sections 197 to 200),
(d)
allows the regulator to give guidance to registered providers (sections
201 to 202), and
15
(e)
allows the regulator to arrange for the accreditation of managers of
social housing (section 203).
Standards
180
Provision of social housing
(1)
The regulator may set standards for registered providers as to—
20
(a)
the nature and extent of the social housing to be provided by them, and
(b)
the nature, extent and quality of accommodation, facilities or services
provided by them in connection with social housing.
(2)
Standards under subsection (1) may, in particular, require registered providers
to comply with specified rules about—
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(a)
the nature of the housing demands to be addressed,
(b)
the extent to which demand is to be supplied,
(c)
criteria for allocating accommodation,
(d)
terms of tenancies,
(e)
levels of rent (and the rules may, in particular, include provision for
30
minimum or maximum levels of rent or levels of increase or decrease of
rent),
(f)
maintenance,
(g)
procedures for addressing complaints by tenants against landlords,
(h)
methods for consulting and informing tenants,
35
(i)
methods of enabling tenants to influence or control the management of
their accommodation and environment,
(j)
policies and procedures required by section 218A of the Housing Act
1996 (c. 52) in connection with anti-social behaviour,
(k)
landlords’ contribution to the environmental, social and economic
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well-being of the areas in which their property is situated, and
(l)
estate management.

Housing and Regeneration Bill
Part 2 — Regulation of Social Housing
Chapter 6 — Regulatory powers
73

181
Management
(1)
The regulator may set standards for registered providers in matters relating to
the management of their financial and other affairs.
(2)
In respect of profit-making registered providers, standards may be made in
relation to the management of their affairs only so far as relating to the
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provision of social housing.
182
Code of practice
(1)
The regulator may issue a code of practice which—
(a)
relates to a matter addressed by a standard, and
(b)
amplifies the standard.
10
(2)
In considering whether standards have been met the regulator may have
regard to a code of practice.
(3)
The regulator may revise or withdraw a code of practice.
(4)
The regulator shall make arrangements for bringing a code of practice to the
attention of registered providers.
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183
Consultation
Before setting standards, or issuing, revising or withdrawing a code of practice,
the regulator shall consult the following or ensure that they have been
consulted—
(a)
one or more bodies appearing to it to represent the interests of
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registered providers,
(b)
one or more bodies appearing to it to represent the interests of secured
creditors of registered providers,
(c)
one or more bodies appearing to it to represent the interests of tenants
of social housing,
25
(d)
the HCA, and
(e)
the Secretary of State.
184
Direction by Secretary of State
(1)
The Secretary of State may direct the regulator—
(a)
to set a standard under section 180, or
30
(b)
about the content of standards under section 180.
(2)
In deciding whether to give a direction the Secretary of State shall, in
particular, have regard to the regulator’s fundamental objectives.
(3)
Before giving a direction the Secretary of State must consult—
(a)
the regulator,
35
(b)
the HCA,
(c)
one or more bodies appearing to the Secretary of State to represent the
interests of tenants of social housing, and
(d)
one or more bodies appearing to the Secretary of State to represent the
interests of registered providers.
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Housing and Regeneration Bill
Part 2 — Regulation of Social Housing
Chapter 6 — Regulatory powers
74

(4)
A direction may disapply the requirement to consult under section 183 in
relation to specified matters.
(5)
The regulator shall comply with any direction.
(6)
The Secretary of State shall publish—
(a)
each proposed direction that is the subject of a consultation,
5
(b)
each response to a consultation, and
(c)
each direction.
185
Supplemental
(1)
Failure to meet a standard is a ground for exercising a power in this Chapter or
Chapter 7.
10
(2)
The regulator shall make arrangements for bringing standards to the attention
of registered providers.
(3)
The regulator may revise or withdraw standards; and section 183 applies to
revising or withdrawing standards as to setting standards.
(4)
Standards may be expressed by reference to documents prepared by others.
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(5)
Standards—
(a)
may make provision generally or only in relation to specified cases,
circumstances or areas, and
(b)
may make different provision for different cases, circumstances or
areas.
20
Monitoring
186
Survey
(1)
This section applies where the regulator suspects that a registered provider
may be failing to maintain premises in accordance with standards under
section 180.
25
(2)
The regulator may arrange for a survey of the condition of the premises by an
authorised person.
(3)
In subsection (2) “authorised person” means a member of the regulator’s staff,
or another person, authorised in writing by the regulator for the purposes of
this section.
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(4)
An authorised person may enter the premises at any reasonable time and carry
out the survey.
(5)
Before carrying out the survey an authorised person must give the registered
provider at least 28 days’ notice.
(6)
A registered provider who receives notice of a survey must give each occupier
35
of the premises at least 7 days’ notice.
(7)
After carrying out a survey an authorised person must produce a written
report.
(8)
The regulator must give the registered provider a copy of the report.