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| |
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| | (a) | a person who provided the dwelling in fulfilment of a condition imposed |
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| | by the HCA when giving assistance to the person; |
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| | (b) | a person who provided the dwelling wholly or partly by means of a grant |
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| | under section 27A of the Housing Act 1996 (c. 52).’. |
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| |
| | Interpretation: “publicly funded” |
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| | |
| To move the following Clause:— |
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| | ‘(1) | The provision of a dwelling was publicly funded if any of the following |
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| | |
| | |
| | (a) | the dwelling was provided by a person in fulfilment of a condition |
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| | imposed by the HCA when giving assistance to the person, and |
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| | (b) | before giving the assistance the HCA notified the person that if it did so |
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| | the provision of the dwelling would be regarded as publicly funded. |
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| | (3) | Condition 2 is that the dwelling was provided wholly or partly by using sums in |
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| | the disposal proceeds fund of— |
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| | (a) | a registered provider, or |
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| | (b) | a registered social landlord. |
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| | (4) | Condition 3 is that — |
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| | (a) | the dwelling was acquired by a registered provider, or a registered social |
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| | landlord, on a disposal by a public sector landlord, |
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| | (b) | the disposal was made on or after 1st April 1997, and |
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| | (c) | at the time of the disposal the dwelling was capable of being let as a |
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| | |
| | (5) | Condition 3 is not satisfied if the dwelling was acquired in pursuance of a contract |
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| | made, or option created, before 1st April 1997. |
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| | |
| | (a) | the dwelling was provided wholly or partly by means of a grant under |
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| | section 18 or 27A of the Housing Act 1996 (c. 52), and |
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| | (b) | when the grant was made the recipient was notified under section 16(4) |
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| | of that Act that the dwelling was to be regarded as funded by means of |
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| | |
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| | Interpretation: “remained in the social rented sector” |
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| | |
| To move the following Clause:— |
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| | ‘(1) | This section applies for the purposes of determining whether a dwelling has |
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| | remained in the social rented sector. |
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| |
| |
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| | (2) | A dwelling shall be treated as having remained in the social rented sector for any |
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| | |
| | (a) | the freeholder was a person within subsection (3), and |
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| | (b) | each leaseholder was either a person within that subsection or an |
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| | individual holding otherwise than under a long tenancy. |
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| | (3) | A person is within this subsection if the person is— |
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| | (a) | a registered provider, |
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| | (b) | a registered social landlord, or |
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| | (c) | a public sector landlord. |
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| | (4) | A dwelling provided wholly or partly by means of a grant under section 27A of |
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| | the Housing Act 1996 (c. 52) shall also be treated as having remained in the social |
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| | rented sector for any period during which it was used exclusively for permitted |
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| | |
| | (a) | the recipient of the grant, or |
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| | (b) | any person treated as the recipient by virtue of section 27B of that Act. |
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| | (5) | “Permitted purposes” are purposes for which the grant was made and any other |
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| | purposes agreed by the Housing Corporation or the HCA. |
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| | (6) | Where a lease of a dwelling has been granted to a former freeholder in pursuance |
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| | of paragraph 3 of Schedule 9 to the Leasehold Reform, Housing and Urban |
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| | Development Act 1993 (c. 28) (mandatory leaseback to former freeholder on |
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| | collective enfranchisement) the reference in subsection (1)(a) above to the |
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| | freeholder shall be construed as a reference to the leaseholder under that lease.’. |
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| |
| | Interpretation: other expressions |
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| |
| | |
| To move the following Clause:— |
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| | ‘(1) | The definitions in this section apply to sections [right to acquire] to |
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| | [interpretation: “remained in the social rented sector”]. |
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| | (2) | The HCA gives “assistance” to a person if it— |
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| | (a) | transfers housing or other land to the person, |
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| | (b) | provides infrastructure to the person, or |
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| | (c) | gives financial assistance to the person. |
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| | (3) | References to a “registered social landlord” are to a body which, at the time to |
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| | which the reference relates, was a registered social landlord within the meaning |
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| | of Part 1 of the Housing Act 1996 (c. 52) as it then had effect. |
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| | (4) | “Leaseholder” does not include a mortgagee. |
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| | (5) | “Long tenancy” has the same meaning as in Part V of the Housing Act 1985 |
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| | |
| | (6) | A person provides a dwelling if the person— |
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| | (a) | acquires, constructs, converts, improves or repairs housing or other land |
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| | for use as a dwelling, or |
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| | (b) | ensures such acquisition, construction, conversion, improvement or |
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| | |
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| |
| |
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| | (7) | “Public sector landlord” means anyone falling within section 80(1) of the |
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| | Housing Act 1985 (c. 68).’. |
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| |
| | Right to acquire: supplemental |
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| |
| | |
| To move the following Clause:— |
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| | ‘(1) | Section 17 of the Housing Act 1996 (c. 52) (right to acquire: supplemental) |
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| | applies in relation to the right to acquire under section [right to acquire] of this |
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| | Act with the modifications set out below. |
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| | (2) | The modifications are as follows— |
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| | (a) | references to the right to acquire under section 16 of the 1996 Act shall |
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| | be treated as references to the right to acquire under section [right to |
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| | |
| | (b) | references to the Welsh Ministers shall be treated as references to the |
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| | |
| | (c) | the reference to registered social landlords shall be treated as a reference |
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| | to registered providers, and |
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| | (d) | the reference to a resolution of the National Assembly for Wales shall be |
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| | treated as a reference to a resolution of either House of Parliament.’. |
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| |
| | Right to acquire: consequential amendments |
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| |
| | |
| To move the following Clause:— |
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| | ‘(1) | In section 16 of the Housing Act 1996 (c. 52) (right to acquire)— |
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| | (a) | for subsection (1) substitute— |
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| | “(1) | The tenant of a dwelling in Wales has a right to acquire the |
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| | |
| | (a) | the landlord is a registered social landlord or a registered |
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| | provider of social housing, |
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| | |
| | (i) | an assured tenancy, other than an assured |
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| | shorthold tenancy or a long tenancy, or |
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| | |
| | (c) | the dwelling was provided with public money and has |
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| | remained in the social rented sector, and |
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| | (d) | the tenant satisfies any further qualifying conditions |
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| | applicable under Part V of the Housing Act 1985 (the |
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| | right to buy) as it applies in relation to the right conferred |
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| | |
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| |
| |
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| | (b) | in subsection (2)(c) after “registered social landlord” insert “or a |
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| | registered provider of social housing”, and |
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| | (c) | in subsection (3)(a) and (b)(ii) after “registered social landlord” insert “, |
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| | a registered provider of social housing”. |
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| | (2) | In section 16A(1) (extension of section 16 to dwellings funded by grants under |
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| | section 27A) after the first “dwelling” insert “in Wales”. |
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| | (3) | In section 20 (purchase grant where right to acquire exercised)— |
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| | (a) | in subsection (1) after “landlords” insert “and registered providers of |
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| | |
| | (b) | in subsection (4) after “landlord” insert “or registered provider of social |
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| | |
| | (4) | In section 21 (purchase grant in respect of other disposals)— |
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| | |
| | (i) | after “landlords” insert “and registered providers of social |
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| | |
| | (ii) | after “dwellings” insert “in Wales”, |
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| | |
| | (i) | after “section 16” insert “or by section [Right to acquire] of the |
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| | Housing and Regeneration Act 2008”, and |
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| | (ii) | for “landlord’s” substitute “landlord or provider (as the case may |
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| | |
| | (c) | in subsection (4) after “landlord” insert “or registered provider of social |
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| | |
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| | Exercise of enforcement powers |
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| |
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| To move the following Clause:— |
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| | ‘(1) | This section applies where the regulator is deciding— |
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| | (a) | whether to exercise a power under this Chapter, |
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| | (b) | which power under this Chapter to exercise, or |
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| | (c) | how to exercise a power under this Chapter. |
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| | (2) | The regulator shall consider— |
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| | (a) | the desirability of registered providers being free to choose how to |
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| | provide services and conduct business; |
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| | (b) | whether the failure or other problem concerned is serious or trivial; |
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| | (c) | whether the failure or other problem is a recurrent or isolated incident; |
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| | (d) | the speed with which the failure or other problem needs to be addressed.’. |
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| |
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| |
| |
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| | |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | This section applies if as a result of an inquiry under section 192 or an audit under |
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| | section 196 the regulator is satisfied that— |
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| | (a) | a non-profit registered provider which is an industrial and provident |
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| | society has failed to meet a standard under section 180 or 181, |
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5 | | (b) | the affairs of a non-profit registered provider which is an industrial and |
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| | provident society have been mismanaged in relation to social housing, or |
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| | (c) | the management of social housing owned by a non-profit registered |
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| | provider which is an industrial and provident society would be improved |
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| | if the provider were amalgamated with another industrial and provident |
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10 | | |
| | (2) | The regulator may make and execute on behalf of the society an instrument |
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| | providing for the amalgamation of the society with another industrial and |
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| | |
| | (3) | An instrument providing for the amalgamation of a society (“S1”) with another |
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15 | | has the same effect as a resolution by S1 under section 50 of the Industrial and |
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| | Provident Societies Act 1965 (c. 12) (amalgamation of societies by special |
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| | |
| | (4) | A copy of an instrument shall be sent to and registered by the Financial Services |
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| | |
20 | | (5) | An instrument does not take effect until the copy is registered. |
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| | (6) | The copy must be sent for registration during the period of 14 days beginning |
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| | with the date of execution; but a copy registered after that period is valid. |
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| | (7) | Any body created by virtue of an amalgamation— |
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| | (a) | must be registered by the regulator and designated as a non-profit |
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25 | | |
| | (b) | pending registration shall be treated as registered and designated as a |
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| | non-profit organisation.’. |
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| | As Amendments to Secretary Hazel Blears’s proposed New Clause (Amalgamation) |
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| | |
| |
| |
| |
| | |
| Line 3, leave out paragraph (a). |
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| Line 7, leave out paragraph (c). |
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| |
| |
| | Negatived on division NC1 |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State shall, by regulations made by statutory instrument, set out |
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| | a code of practice to govern local authority consultations with tenants |
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| | |
| | (a) | a change of landlord, or |
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| | (b) | a major change in the management of their homes. |
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| | (2) | Regulations made under subsection (1) shall require the local authority to— |
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| | (a) | place in the public domain all relevant information as is necessary for |
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| | them to influence or control the management of their accommodation and |
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| | environment including the resources available to the authority to spend |
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| | on its stock, stock conditions surveys, the business plan of the proposed |
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| | landlord, the transfer valuation, details of any land and property to be |
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| | disposed of, and any other information on which the Offer Document and |
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| | transfer proposal is based, |
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| | (b) | ensure at the start of the consultation that all tenants are aware of their |
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| | rights to access information as set out under paragraph (a), |
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| | (c) | ensure that material it produces is objective, balanced, informative and |
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| | |
| | (d) | provide the same level of resources for any tenant group who serves |
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| | written notice on the authority opposing a proposal as that given to any |
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| | tenant group making such a proposal so that they can put an alternative |
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| | |
| | (e) | not deny any reasonable request from any group under paragraph (d) for |
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| | lists of addresses and access to notice boards, meeting facilities and other |
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| | relevant resources to enable all parties to communicate with those |
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| | |
| | (f) | give two months notice of— |
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| | (i) | the start and end date of the ballot, and |
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| | (ii) | how those eligible will be able to vote, and |
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| | (g) | ensure that information regarding who has voted at any point in time is |
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| | |
| | (h) | not exceed spending limits for these consultations as may be determined |
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| | by the Secretary of State and certified as proper by the District Auditor.’. |
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| |
| | Regulation of social housing providers |
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| |
| |
| | |
| To move the following Clause:— |
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|
|
| |
| |
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| | ‘Each social housing provider should only be subject to one Regulator for all of |
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| | |
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| | Tenants’ right to transfer management |
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| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The appropriate person may make regulations for imposing requirements on the |
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| | regulator in any case where a tenant group serves written notice on the regulator |
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| | proposing that the regulator may require the registered provider to transfer |
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| | management functions to a specified person. |
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| | (2) | A requirement may relate to— |
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| | (a) | the registered provider’s affairs generally in so far as they relate to social |
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| | |
| | (b) | specified affairs relating to social housing. |
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| | (3) | Transfer shall be on terms and conditions (including as to remuneration) specified |
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| | in, or determined in accordance with, the requirement. |
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| | (4) | A transferee manager shall have— |
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| | (a) | any power specified in the requirement, and |
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| | (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 |
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| | power to enter into agreements and take other action on behalf of the |
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| | |
| |
| | Requirements to co-operate in relation to a management transfer |
|
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The regulations in Section (Tenants’ right to transfer management) (1) may make |
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| | provision requiring the registered provider— |
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| | (a) | to provide, or finance the provision of, such office accommodation and |
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| | facilities, and such training, as the tenant group reasonably requires for |
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| | the purpose of pursuing the proposal; |
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| | (b) | to arrange for such feasibility studies with respect to the proposal as may |
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| | be determined by or under the regulations to be conducted by such |
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| | persons as may be so determined; |
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| | (c) | to provide to the tenant group such information or descriptions of |
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| | information, in connection with the proposal, as may be prescribed in the |
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| | |
|