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| | Page 57, line 34 [Clause 141], at end insert— |
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| | ‘A decision by the directors or other governing body of a |
| The directors or governing body’. |
| | | | | registered provider to present a petition for winding up where |
| | | | | | the registered provider is— |
| | | | | | (a) | a registered company, or |
| | | | | | (b) | an industrial and provident society. |
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| | Page 58, line 1 [Clause 142], after ‘28’, insert ‘working’. |
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| | Page 58, line 6 [Clause 142], after ‘provider’, insert ‘whom the regulator is able to |
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| | locate after making reasonable enquiries’. |
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| | Page 58, line 19 [Clause 142], leave out paragraph (b) and insert— |
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| | | ‘(b) | such of its secured creditors as the regulator is able to locate after making |
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| | Page 58, line 32 [Clause 143], after ‘provider’, insert ‘whom the regulator is able |
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| | to locate after making reasonable enquiries’. |
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| | Page 59, line 1 [Clause 144], at end insert— |
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| | | ‘(A1) | During a moratorium the HCA— |
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| | | (a) | may not give the registered provider a direction under section 36(4), and |
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| | | (b) | may not take steps to enforce such a direction against the registered |
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| | Page 59, line 30 [Clause 145], after ‘by’, insert ‘— |
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| | | (a) | section [right to acquire], or |
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| | Page 59, line 31 [Clause 145], after ‘housing’, insert ‘in Wales’. |
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| | Page 60, line 23 [Clause 147], leave out ‘its secured creditors’ and insert ‘such of |
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| | its secured creditors as the regulator is able to locate after making reasonable enquiries’. |
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| | Page 60, line 31 [Clause 147], leave out ‘of a registered provider agrees to’ and |
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| | insert ‘to whom proposals were sent agrees to the’. |
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| | Page 60, line 34 [Clause 147], after ‘creditor’, insert ‘to whom the proposals were |
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| | Page 60, line 38 [Clause 147], after ‘creditors’, insert ‘to whom the original |
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| | Page 61, line 6 [Clause 147], after ‘creditors’, insert ‘to whom the original |
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| | Page 62, line 33 [Clause 151], after ‘society’, insert ‘— |
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| | | (a) | an instrument providing for the amalgamation of the society with another |
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| | | industrial and provident society, or |
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| | Page 62, line 33 [Clause 151], at end insert— |
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| | | ‘(2A) | An instrument providing for the amalgamation of a society (“S1”) with another |
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| | | 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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| | Page 62, line 38 [Clause 151], leave out from ‘Authority’ to end of line 39 and |
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| | | ‘(4A) | An instrument does not take effect until the copy is registered.’. |
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| | Page 67 [Clause 166], leave out lines 13 and 14. |
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| | Page 67, line 15 [Clause 166], leave out ‘profit-making’. |
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| | Page 67, line 23 [Clause 167], leave out ‘non-profit’. |
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| | Page 68, line 2 [Clause 167], after ‘under’, insert ‘— |
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| | | (a) | section [right to acquire], or |
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| | Page 68, line 2 [Clause 167], leave out ‘(as applied by section 172)’ and insert |
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| | ‘(tenant’s right to acquire social housing in Wales)’. |
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| | Page 68, line 16 [Clause 168], leave out ‘and’. |
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| | Page 68, line 17 [Clause 168], at end insert, ‘and |
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| | | (d) | the local authority in whose area the property is located.’. |
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| | Page 68, line 37 [Clause 170], at end insert— |
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| | | ‘(za) | net proceeds of sale to a tenant in pursuance of the right to acquire |
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| | | conferred by section [right to acquire],’. |
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| | Page 69, line 35 [Clause 172], leave out ‘shall continue to have effect in relation to |
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| | social housing in England’ and insert ‘apply in relation to disposals of social housing by |
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| | Page 69, line 36 [Clause 172], leave out ‘in subsection (3)’ and insert ‘below’. |
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| | Page 69, line 41 [Clause 172], at end insert ‘and’. |
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| | Page 69, line 42 [Clause 172], leave out from ‘(supplemental)’ to end of line 43. |
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| | Page 70, line 1 [Clause 172], leave out subsection (3) and insert— |
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| | | ‘(3) | In those provisions— |
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| | | (a) | references to a registered social landlord shall be treated as references to |
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| | | (b) | references to consent given by the Welsh Ministers under section 9 of the |
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| | | 1996 Act shall be treated as references to consent given by the regulator |
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| | | under section 166 of this Act, |
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| | | (c) | references to the Welsh Ministers in connection with a power to make |
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| | | orders or regulations shall be treated as references to the Secretary of |
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| | | (d) | in section 12(5)(b) of the 1996 Act the reference to the Welsh Ministers |
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| | | shall be treated as a reference to the HCA, and |
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| | | (e) | references to a resolution of the National Assembly for Wales shall be |
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| | | treated as references to a resolution of either House of Parliament. |
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| | | (4) | This section does not affect the continued application of the provisions listed in |
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| | | subsection (2) in relation to disposals made before this section comes into force.’. |
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| | Page 70, line 30 [Clause 177], leave out ‘and’. |
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| | Page 70, line 33 [Clause 177], at end insert ‘, and |
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| | | (c) | section 173 of the Local Government and Housing Act 1989 (c. 42) |
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| | | (consent to certain disposals of housing obtained from new town |
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| | Page 72, line 4 [Clause 178], at end insert— |
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| | | ‘(4) | In section 173 of the Local Government and Housing Act 1989 (c. 42) (consent |
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| | | to certain disposals of housing obtained from new town corporations)— |
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| | | (a) | in subsection (1)(a) (consent) for “Secretary of State” substitute |
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| | | (b) | after subsection (1) insert— |
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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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