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| | | “(1A) | In this section “the appropriate authority” means— |
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| | | (a) | in relation to a disposal of land in England by a |
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| | | registered provider of social housing, the Regulator of |
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| | | (b) | in relation to any other disposal of land in England, the |
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| | | (c) | in relation to a disposal of land in Wales, the Welsh |
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| | | (c) | in subsection (5) (consultation of tenants) for “Secretary of State” |
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| | | substitute “appropriate authority”, |
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| | | (d) | in subsection (5)(a) for “himself” substitute “itself”, and |
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| | | (e) | omit subsection (6) (consultation of Housing Corporation).’. |
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| | Page 72, line 11 [Clause 179], leave out ‘compliance’ and insert ‘performance’. |
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| | Page 72, line 17 [Clause 179], at end insert— |
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| | | ‘(f) | allows the regulator, in applying subsections 172 (a) to (e) to local |
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| | | housing authorities and persons controlled by local housing authorities, |
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| | | to comply with the standards, powers, controls and guidance provided |
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| | | under the Local Government and Public Involvement in Health Act 2007 |
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| | | and accompanying performance framework guidance and regulations. |
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| | | (2) | Insofar as sections 173 to 193 apply to local housing authorities or persons |
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| | | controlled by local housing authorities, the provisions of the Local Government |
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| | | and Public Involvement in Health Act 2007 and subordinate legislation shall take |
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| | | precedence over sections 173 to 193.’. |
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| | Page 72, line 20 [Clause 180], after ‘may’, insert ‘, in accordance with subsection |
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| | (2) and subject to subsection (3),’. |
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| | Page 72 [Clause 180], leave out line 21. |
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| | Page 72, line 24 [Clause 180], leave out from ‘may’ to end of line 24 and insert |
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| | Page 72, line 26 [Clause 180], leave out paragraphs (a) and (b). |
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| | Page 72 [Clause 180], leave out lines 40 and 41. |
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| | Page 72, line 41 [Clause 180], leave out ‘, and’. |
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| | Page 72, line 42 [Clause 180], at end insert— |
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| | | ‘(3) | In setting standards the regulator shall have regard to the desirability of registered |
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| | | providers being free to choose how to provide services and conduct business.’. |
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| | Page 72, line 42 [Clause 180], at end insert— |
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| | | ‘(3) | In setting standards the regulator shall have regard (among other matters) to |
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| | | landlords’ contribution to the environmental, social and economic well-being of |
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| | | the areas in which their property is situated.’. |
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| | Page 72, line 42 [Clause 180], at end insert ‘; |
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| | | (m) | the distance of housing from any overhead transmission line; and |
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| | | (n) | the levels of electric and magnetic fields with a frequency of between 30 |
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| | | and 300 Hertz permitted in housing.’. |
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| | Page 73, line 6 [Clause 181], at end insert— |
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| | | ‘(3) | In setting standards the regulator shall have regard to the desirability of registered |
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| | | providers being free to choose how to provide services and conduct business.’. |
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| | Page 73, line 6 [Clause 181], at end insert— |
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| | | ‘(3) | In setting standards, the regulator shall have regard (among other matters) to |
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| | | providers’ contribution to the environmental, social and economic well-being of |
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| | | the areas in which their property is situated.’. |
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| | Page 73, line 6 [Clause 181], at end insert— |
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| | | ‘(3) | No standard may be set that would require a registered provider to act in any way |
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| | | that is inconsistent with— |
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| | | (a) | its rules, memorandum and articles of association, or equivalent |
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| | | (b) | any legal or contractual commitment, including any loan covenant, for |
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| | | the time being binding upon it; or |
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| | | (c) | if applicable, its status as a charity (whether or not it is registered as |
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| | Page 73, line 27 [Clause 183], at end insert— |
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| | | ‘(2) | Before setting a standard which would apply to charities, or issuing, revising or |
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| | | withdrawing a code of practice which applies or would apply to charities, the |
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| | | regulator must consult the Charity Commission.’. |
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| | Page 73, line 30 [Clause 184], leave out ‘or’. |
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| | Page 73, line 31 [Clause 184], at end insert ‘, or |
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| | | (c) | to have regard to specified objectives when setting standards under |
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| | Page 73, line 31 [Clause 184], at end insert— |
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| | | ‘(1A) | The Secretary of State may give a direction under subsection (1)(a) or (b) only if |
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| | | it relates, in the Secretary of State’s opinion, to— |
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| | | (a) | quality of accommodation, |
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| | | (c) | involvement by tenants in the management by registered providers of |
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| | Page 73, line 31 [Clause 184], at end insert— |
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| | | ‘(1A) | The Secretary of State may give a direction under subsection (1) only if it relates, |
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| | | in the Secretary of State’s opinion, to— |
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| | | (a) | quality of accommodation, |
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| | | (c) | involvement by tenants in the management by registered providers of |
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| | Page 73, line 40 [Clause 184], at end insert— |
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| | | ‘(3A) | Before giving a direction about a standard which would apply to charities the |
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| | | Secretary of State must consult the Charity Commission.’. |
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| | Page 74, line 9 [Clause 185], leave out subsection (1) and insert— |
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| | | ‘(1) | The regulator may exercise the powers in Chapters 6 or 7 in order to secure the |
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| | | proper management of the affairs of a registered provider. In considering whether |
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| | | mismanagement or misconduct has occurred, the regulator may have regard |
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| | | (among other matters) to the extent to which the standards are being or have been |
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| | Page 75, line 28 [Clause 188], at end insert— |
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| | | ‘(4A) | The report must contain information about the registered provider’s performance |
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| | | in each local authority’s area in which it provides social housing.’. |
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| | Page 75, line 30 [Clause 188], leave out subsections (6) to (9). |
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| | Page 78, line 23 [Clause 198], leave out subsections (2) and (3) and insert— |
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| | | ‘(2) | An amendment of the society’s rules requires consent if it— |
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| | | (a) | alters the society’s objects, |
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| | | (b) | makes provision about the distribution of assets to members, or |
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| | | (c) | enables the society to become, or cease to be, a subsidiary or associate of |
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| | | (3) | An amendment of the rules which requires consent is effective only if the |
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| | | regulator has first consented. |
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| | | (3A) | The regulator may not consent to an amendment which it thinks would turn the |
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| | | society into a profit-making organisation. |
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| | | (3B) | The society must notify the regulator of an amendment of the rules which does |
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| | Page 78, line 28 [Clause 198], at beginning insert ‘In relation to an amendment |
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| | Page 78, line 31 [Clause 198], at beginning insert ‘The preceding provisions of’. |
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| | Page 78, line 31 [Clause 198], leave out ‘it’ and insert ‘they’. |
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| | Page 78, line 31 [Clause 198], at end insert— |
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| | | ‘(6) | The Secretary of State may by order amend the list in subsection (2).’. |
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| | Page 79, line 3 [Clause 200], leave out subsections (2) and (3) and insert— |
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| | | ‘(2) | An amendment of the company’s articles of association requires consent if it— |
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| | | (a) | alters the company’s objects, |
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| | | (b) | makes provision about the distribution of assets to members, or |
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| | | (c) | enables the company to become, or cease to be, a subsidiary or associate |
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| | | (3) | An amendment of the articles of association which requires consent is effective |
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| | | only if the regulator has first consented. |
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| | | (3A) | The company must notify the regulator of an amendment of the articles of |
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| | | association which does not require consent.’. |
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| | Page 79, line 9 [Clause 200], at end insert— |
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| | | ‘(4A) | The company must notify the regulator— |
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| | | (a) | of an amendment of the articles of association which does not require |
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| | | (b) | of a change to its name or registered office.’. |
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| | Page 79, line 10 [Clause 200], at beginning insert ‘In relation to an amendment |
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| | Page 79, line 12 [Clause 200], at end insert— |
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| | | ‘(6) | The Secretary of State may by order amend the list in subsection (2).’. |
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| | Page 80, line 9 [Clause 204], at end insert— |
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| | | ‘(2) | This group of sections does not apply to local housing authorities and persons |
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| | | controlled by local housing authorities.’. |
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| | Page 80, line 31 [Clause 205], at end insert— |
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| | | ‘(10A) | Case 10 is where the registered provider has failed to comply with an order made |
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| | | by an ombudsman appointed by virtue of section 124.’. |
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| | Page 90, line 3 [Clause 235], leave out ‘if the regulator thinks it appropriate’. |
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| | Page 91, line 15 [Clause 237], leave out ‘if the regulator thinks it appropriate’. |
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| | Page 92, line 31 [Clause 240], leave out ‘non-profit’. |
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| | Page 92, line 33 [Clause 240], leave out ‘non-profit’. |
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| | Page 92, line 35 [Clause 240], leave out ‘non-profit’. |
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| | Page 92, line 37 [Clause 240], leave out ‘non-profit’. |
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| | Page 92, line 40 [Clause 240], after ‘specified’, insert ‘non-profit’. |
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