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Report Stage Proceedings: 31st March 2008                

286

 

Housing and Regeneration Bill, continued

 
 

(a)    

a person who provided the dwelling in fulfilment of a condition imposed

 

by the HCA when giving assistance to the person;

 

(b)    

a person who provided the dwelling wholly or partly by means of a grant

 

under section 27A of the Housing Act 1996 (c. 52).’.

 


 

Interpretation: “publicly funded”

 

Secretary Hazel Blears

 

Added  NC22

 

To move the following Clause:—

 

‘(1)    

The provision of a dwelling was publicly funded if any of the following

 

conditions is satisfied.

 

(2)    

Condition 1 is that—

 

(a)    

the dwelling was provided by a person in fulfilment of a condition

 

imposed by the HCA when giving assistance to the person, and

 

(b)    

before giving the assistance the HCA notified the person that if it did so

 

the provision of the dwelling would be regarded as publicly funded.

 

(3)    

Condition 2 is that the dwelling was provided wholly or partly by using sums in

 

the disposal proceeds fund of—

 

(a)    

a registered provider, or

 

(b)    

a registered social landlord.

 

(4)    

Condition 3 is that —

 

(a)    

the dwelling was acquired by a registered provider, or a registered social

 

landlord, on a disposal by a public sector landlord,

 

(b)    

the disposal was made on or after 1st April 1997, and

 

(c)    

at the time of the disposal the dwelling was capable of being let as a

 

separate dwelling.

 

(5)    

Condition 3 is not satisfied if the dwelling was acquired in pursuance of a contract

 

made, or option created, before 1st April 1997.

 

(6)    

Condition 4 is that—

 

(a)    

the dwelling was provided wholly or partly by means of a grant under

 

section 18 or 27A of the Housing Act 1996 (c. 52), and

 

(b)    

when the grant was made the recipient was notified under section 16(4)

 

of that Act that the dwelling was to be regarded as funded by means of

 

such a grant.’.

 


 

Interpretation: “remained in the social rented sector”

 

Secretary Hazel Blears

 

Added  NC23

 

To move the following Clause:—

 

‘(1)    

This section applies for the purposes of determining whether a dwelling has

 

remained in the social rented sector.


 
 

Report Stage Proceedings: 31st March 2008                

287

 

Housing and Regeneration Bill, continued

 
 

(2)    

A dwelling shall be treated as having remained in the social rented sector for any

 

period during which—

 

(a)    

the freeholder was a person within subsection (3), and

 

(b)    

each leaseholder was either a person within that subsection or an

 

individual holding otherwise than under a long tenancy.

 

(3)    

A person is within this subsection if the person is—

 

(a)    

a registered provider,

 

(b)    

a registered social landlord, or

 

(c)    

a public sector landlord.

 

(4)    

A dwelling provided wholly or partly by means of a grant under section 27A of

 

the Housing Act 1996 (c. 52) shall also be treated as having remained in the social

 

rented sector for any period during which it was used exclusively for permitted

 

purposes by—

 

(a)    

the recipient of the grant, or

 

(b)    

any person treated as the recipient by virtue of section 27B of that Act.

 

(5)    

“Permitted purposes” are purposes for which the grant was made and any other

 

purposes agreed by the Housing Corporation or the HCA.

 

(6)    

Where a lease of a dwelling has been granted to a former freeholder in pursuance

 

of paragraph 3 of Schedule 9 to the Leasehold Reform, Housing and Urban

 

Development Act 1993 (c. 28) (mandatory leaseback to former freeholder on

 

collective enfranchisement) the reference in subsection (1)(a) above to the

 

freeholder shall be construed as a reference to the leaseholder under that lease.’.

 


 

Interpretation: other expressions

 

Secretary Hazel Blears

 

Added  NC24

 

To move the following Clause:—

 

‘(1)    

The definitions in this section apply to sections [right to acquire] to

 

[interpretation: “remained in the social rented sector”].

 

(2)    

The HCA gives “assistance” to a person if it—

 

(a)    

transfers housing or other land to the person,

 

(b)    

provides infrastructure to the person, or

 

(c)    

gives financial assistance to the person.

 

(3)    

References to a “registered social landlord” are to a body which, at the time to

 

which the reference relates, was a registered social landlord within the meaning

 

of Part 1 of the Housing Act 1996 (c. 52) as it then had effect.

 

(4)    

“Leaseholder” does not include a mortgagee.

 

(5)    

“Long tenancy” has the same meaning as in Part V of the Housing Act 1985

 

(c. 68).

 

(6)    

A person provides a dwelling if the person—

 

(a)    

acquires, constructs, converts, improves or repairs housing or other land

 

for use as a dwelling, or

 

(b)    

ensures such acquisition, construction, conversion, improvement or

 

repair by another.


 
 

Report Stage Proceedings: 31st March 2008                

288

 

Housing and Regeneration Bill, continued

 
 

(7)    

“Public sector landlord” means anyone falling within section 80(1) of the

 

Housing Act 1985 (c. 68).’.

 


 

Right to acquire: supplemental

 

Secretary Hazel Blears

 

Added  NC25

 

To move the following Clause:—

 

‘(1)    

Section 17 of the Housing Act 1996 (c. 52) (right to acquire: supplemental)

 

applies in relation to the right to acquire under section [right to acquire] of this

 

Act with the modifications set out below.

 

(2)    

The modifications are as follows—

 

(a)    

references to the right to acquire under section 16 of the 1996 Act shall

 

be treated as references to the right to acquire under section [right to

 

acquire] of this Act,

 

(b)    

references to the Welsh Ministers shall be treated as references to the

 

Secretary of State,

 

(c)    

the reference to registered social landlords shall be treated as a reference

 

to registered providers, and

 

(d)    

the reference to a resolution of the National Assembly for Wales shall be

 

treated as a reference to a resolution of either House of Parliament.’.

 


 

Right to acquire: consequential amendments

 

Secretary Hazel Blears

 

Added  NC26

 

To move the following Clause:—

 

‘(1)    

In section 16 of the Housing Act 1996 (c. 52) (right to acquire)—

 

(a)    

for subsection (1) substitute—

 

“(1)    

The tenant of a dwelling in Wales has a right to acquire the

 

dwelling if—

 

(a)    

the landlord is a registered social landlord or a registered

 

provider of social housing,

 

(b)    

the tenancy is—

 

(i)    

an assured tenancy, other than an assured

 

shorthold tenancy or a long tenancy, or

 

(ii)    

a secure tenancy,

 

(c)    

the dwelling was provided with public money and has

 

remained in the social rented sector, and

 

(d)    

the tenant satisfies any further qualifying conditions

 

applicable under Part V of the Housing Act 1985 (the

 

right to buy) as it applies in relation to the right conferred

 

by this section.”,


 
 

Report Stage Proceedings: 31st March 2008                

289

 

Housing and Regeneration Bill, continued

 
 

(b)    

in subsection (2)(c) after “registered social landlord” insert “or a

 

registered provider of social housing”, and

 

(c)    

in subsection (3)(a) and (b)(ii) after “registered social landlord” insert “,

 

a registered provider of social housing”.

 

(2)    

In section 16A(1) (extension of section 16 to dwellings funded by grants under

 

section 27A) after the first “dwelling” insert “in Wales”.

 

(3)    

In section 20 (purchase grant where right to acquire exercised)—

 

(a)    

in subsection (1) after “landlords” insert “and registered providers of

 

social housing”, and

 

(b)    

in subsection (4) after “landlord” insert “or registered provider of social

 

housing”.

 

(4)    

In section 21 (purchase grant in respect of other disposals)—

 

(a)    

in subsection (1)—

 

(i)    

after “landlords” insert “and registered providers of social

 

housing”, and

 

(ii)    

after “dwellings” insert “in Wales”,

 

(b)    

in subsection (2)—

 

(i)    

after “section 16” insert “or by section [Right to acquire] of the

 

Housing and Regeneration Act 2008”, and

 

(ii)    

for “landlord’s” substitute “landlord or provider (as the case may

 

be)”, and

 

(c)    

in subsection (4) after “landlord” insert “or registered provider of social

 

housing”.’.

 


 

Exercise of enforcement powers

 

Secretary Hazel Blears

 

Added  NC27

 

To move the following Clause:—

 

‘(1)    

This section applies where the regulator is deciding—

 

(a)    

whether to exercise a power under this Chapter,

 

(b)    

which power under this Chapter to exercise, or

 

(c)    

how to exercise a power under this Chapter.

 

(2)    

The regulator shall consider—

 

(a)    

the desirability of registered providers being free to choose how to

 

provide services and conduct business;

 

(b)    

whether the failure or other problem concerned is serious or trivial;

 

(c)    

whether the failure or other problem is a recurrent or isolated incident;

 

(d)    

the speed with which the failure or other problem needs to be addressed.’.

 



 
 

Report Stage Proceedings: 31st March 2008                

290

 

Housing and Regeneration Bill, continued

 
 

Amalgamation

 

Secretary Hazel Blears

 

Added  NC28

 

To move the following Clause:—

 

‘(1)    

This section applies if as a result of an inquiry under section 192 or an audit under

 

section 196 the regulator is satisfied that—

 

(a)    

a non-profit registered provider which is an industrial and provident

 

society has failed to meet a standard under section 180 or 181,

5

(b)    

the affairs of a non-profit registered provider which is an industrial and

 

provident society have been mismanaged in relation to social housing, or

 

(c)    

the management of social housing owned by a non-profit registered

 

provider which is an industrial and provident society would be improved

 

if the provider were amalgamated with another industrial and provident

10

society.

 

(2)    

The regulator may make and execute on behalf of the society an instrument

 

providing for the amalgamation of the society with another industrial and

 

provident society.

 

(3)    

An instrument providing for the amalgamation of a society (“S1”) with another

15

has the same effect as a resolution by S1 under section 50 of the Industrial and

 

Provident Societies Act 1965 (c. 12) (amalgamation of societies by special

 

resolution).

 

(4)    

A copy of an instrument shall be sent to and registered by the Financial Services

 

Authority.

20

(5)    

An instrument does not take effect until the copy is registered.

 

(6)    

The copy must be sent for registration during the period of 14 days beginning

 

with the date of execution; but a copy registered after that period is valid.

 

(7)    

Any body created by virtue of an amalgamation—

 

(a)    

must be registered by the regulator and designated as a non-profit

25

organisation, and

 

(b)    

pending registration shall be treated as registered and designated as a

 

non-profit organisation.’.

 

As Amendments to Secretary Hazel Blears’s proposed New Clause (Amalgamation)

 

(NC28):—

 

Sir George Young

 

Lembit Öpik

 

Andrew George

 

Not called  (a)

 

Line  3,  leave out paragraph (a).

 

Sir George Young

 

Lembit Öpik

 

Andrew George

 

Not called  (b)

 

Line  7,  leave out paragraph (c).

 



 
 

Report Stage Proceedings: 31st March 2008                

291

 

Housing and Regeneration Bill, continued

 
 

Consultation principles

 

Mr Austin Mitchell

 

Paul Holmes

 

Frank Dobson

 

Mr Michael Meacher

 

Jon Cruddas

 

Mr David Anderson

 

Negatived on division  NC1

 

To move the following Clause:—

 

‘(1)    

The Secretary of State shall, by regulations made by statutory instrument, set out

 

a code of practice to govern local authority consultations with tenants

 

concerning—

 

(a)    

a change of landlord, or

 

(b)    

a major change in the management of their homes.

 

(2)    

Regulations made under subsection (1) shall require the local authority to—

 

(a)    

place in the public domain all relevant information as is necessary for

 

them to influence or control the management of their accommodation and

 

environment including the resources available to the authority to spend

 

on its stock, stock conditions surveys, the business plan of the proposed

 

landlord, the transfer valuation, details of any land and property to be

 

disposed of, and any other information on which the Offer Document and

 

transfer proposal is based,

 

(b)    

ensure at the start of the consultation that all tenants are aware of their

 

rights to access information as set out under paragraph (a),

 

(c)    

ensure that material it produces is objective, balanced, informative and

 

accurate,

 

(d)    

provide the same level of resources for any tenant group who serves

 

written notice on the authority opposing a proposal as that given to any

 

tenant group making such a proposal so that they can put an alternative

 

view to tenants,

 

(e)    

not deny any reasonable request from any group under paragraph (d) for

 

lists of addresses and access to notice boards, meeting facilities and other

 

relevant resources to enable all parties to communicate with those

 

entitled to vote,

 

(f)    

give two months notice of—

 

(i)    

the start and end date of the ballot, and

 

(ii)    

how those eligible will be able to vote, and

 

(g)    

ensure that information regarding who has voted at any point in time is

 

treated in confidence,

 

(h)    

not exceed spending limits for these consultations as may be determined

 

by the Secretary of State and certified as proper by the District Auditor.’.

 


 

Regulation of social housing providers

 

Mr Clive Betts

 

Lembit Öpik

 

Not called  NC3

 

To move the following Clause:—


 
 

Report Stage Proceedings: 31st March 2008                

292

 

Housing and Regeneration Bill, continued

 
 

‘Each social housing provider should only be subject to one Regulator for all of

 

its operations.’.

 


 

Tenants’ right to transfer management

 

Mr Clive Betts

 

Lembit Öpik

 

Not called  NC4

 

To move the following Clause:—

 

‘(1)    

The appropriate person may make regulations for imposing requirements on the

 

regulator in any case where a tenant group serves written notice on the regulator

 

proposing that the regulator may require the registered provider to transfer

 

management functions to a specified person.

 

(2)    

A requirement may relate to—

 

(a)    

the registered provider’s affairs generally in so far as they relate to social

 

housing, or

 

(b)    

specified affairs relating to social housing.

 

(3)    

Transfer shall be on terms and conditions (including as to remuneration) specified

 

in, or determined in accordance with, the requirement.

 

(4)    

A transferee manager shall have—

 

(a)    

any power specified in the requirement, and

 

(b)    

any other power in relation to the registered provider’s affairs required by

 

the manager for the purposes specified in the requirement (including the

 

power to enter into agreements and take other action on behalf of the

 

registered provider).’.

 


 

Requirements to co-operate in relation to a management transfer

 

Mr Clive Betts

 

Lembit Öpik

 

Not called  NC5

 

To move the following Clause:—

 

‘(1)    

The regulations in Section (Tenants’ right to transfer management) (1) may make

 

provision requiring the registered provider—

 

(a)    

to provide, or finance the provision of, such office accommodation and

 

facilities, and such training, as the tenant group reasonably requires for

 

the purpose of pursuing the proposal;

 

(b)    

to arrange for such feasibility studies with respect to the proposal as may

 

be determined by or under the regulations to be conducted by such

 

persons as may be so determined;

 

(c)    

to provide to the tenant group such information or descriptions of

 

information, in connection with the proposal, as may be prescribed in the

 

regulations;


 
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