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| | “21 | Service charge information |
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| | (1) | The appropriate national authority may make regulations about the |
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| | provision, by landlords of dwellings to each tenant by whom service |
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| | charges are payable, of information about service charges. |
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| | (2) | The regulations must, subject to any exceptions provided for in the |
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| | regulations, require the landlord to provide information about— |
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| | (a) | the service charges of the tenant, |
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| | (b) | any associated service charges, and |
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| | (c) | relevant costs relating to service charges falling within |
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| | |
| | (3) | The regulations must, subject to any exceptions provided for in the |
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| | regulations, require the landlord to provide the tenant with a report by |
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| | a qualified person on information which the landlord is required to |
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| | provide by virtue of this section. |
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| | (4) | The regulations may make provision about— |
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| | (a) | information to be provided by virtue of subsection (2), |
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| | (b) | other information to be provided (whether in pursuance of a |
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| | requirement or otherwise), |
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| | (c) | reports of the kind mentioned in subsection (3), |
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| | (d) | the period or periods in relation to which information or |
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| | reports are to be provided, |
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| | (e) | the times at or by which information or reports are to be |
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| | |
| | (f) | the form and manner in which information or reports are to be |
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| | provided (including in particular whether information is to be |
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| | contained in a statement of account), |
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| | (g) | the descriptions of persons who are to be qualified persons for |
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| | the purposes of subsection (3). |
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| | (5) | Subsections (2) to (4) do not limit the scope of the power conferred by |
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| | |
| | (6) | Regulations under this section may— |
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| | (a) | make different provision for different cases or descriptions of |
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| | case or for different purposes, |
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| | (b) | contain such supplementary, incidental, consequential, |
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| | transitional, transitory or saving provision as the appropriate |
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| | national authority considers appropriate. |
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| | (7) | Regulations under this section are to be made by statutory instrument |
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| | |
| | (a) | in the case of regulations made by the Secretary of State, is to |
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| | be subject to annulment in pursuance of a resolution of either |
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| | |
| | (b) | in the case of regulations made by the Welsh Ministers, is to |
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| | be subject to annulment in pursuance of a resolution of the |
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| | National Assembly for Wales. |
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| | |
| | “the appropriate national authority”— |
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| | (a) | in relation to England, means the Secretary of State, and |
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| | (b) | in relation to Wales, means the Welsh Ministers, |
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| | “associated service charges”, in relation to a tenant by whom a |
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| | contribution to relevant costs is payable as a service charge, means |
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| | service charges of other tenants so far as relating to the same costs.” |
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| | 3 (1) | Section 21A (withholding of service charges) is amended as follows. |
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| | (2) | For subsection (1) substitute— |
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| | “(1) | A tenant may withhold payment of a service charge if— |
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| | (a) | the landlord has not provided him with information or a |
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| | |
| | (i) | at the time at which, or |
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| | (ii) | (as the case may be) by the time by which, |
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| | | he is required to provide it by virtue of section 21, or |
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| | (b) | the form or content of information or a report which the |
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| | landlord has provided him with by virtue of that section (at |
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| | any time) does not conform exactly or substantially with the |
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| | requirements prescribed by regulations under that section.” |
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| | |
| | (a) | in paragraph (a) for “accounting period to which the document” |
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| | substitute “period to which the information or report”, and |
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| | (b) | for paragraph (b) substitute— |
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| | “(b) | amounts standing to the tenant’s credit in relation to |
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| | the service charges at the beginning of that period.” |
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| | |
| | (a) | in paragraph (a) for “document concerned has been supplied” |
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| | substitute “information or report concerned has been provided”, and |
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| | (b) | for paragraph (b) substitute— |
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| | “(b) | in a case within paragraph (b) of that subsection, after |
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| | information or a report conforming exactly or |
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| | substantially with requirements prescribed by |
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| | regulations under section 21 has been provided to the |
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| | tenant by the landlord by way of replacement of that |
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| | |
| | 4 (1) | Section 22 (as substituted by section 154 of the Commonhold and Leasehold |
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| | Reform Act 2002 (c. 15)) (inspection etc of documents) is amended as follows. |
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| | (2) | In subsection (1)(a) for the words from “the matters” to “under” substitute |
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| | “information required to be provided to him by virtue of”. |
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| | (3) | In subsection (3) for “supplied with the statement of account under” substitute |
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| | “provided with the information concerned by virtue of”. |
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| | |
| | (a) | for “statement of account”, wherever it appears, substitute |
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| | |
| | (b) | for “supplied”, wherever it appears, substitute “provided”, and |
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| | (c) | in paragraph (b) for “21(4)” substitute “21”. |
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| | 5 | In section 23(1) (as substituted by paragraph 1 of Schedule 10 to the |
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| | Commonhold and Leasehold Reform Act 2002 (c. 15) (information held by |
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| | |
| | (a) | for “a statement of account which the landlord is required to supply |
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| | under” substitute “information which the landlord is required to |
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| | provide by virtue of”, and |
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| | (b) | after “of the relevant information” insert “which relates to those |
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| | |
| | 6 | In section 23A(4) (effect of change of landlord)— |
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| |
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| | (a) | in paragraph (a) after “23” insert “and any regulations under section |
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| | |
| | (b) | after paragraph (b) insert “and |
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| | “(c) | any regulations under section 21 apply subject to any |
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| | modifications contained in the regulations.” |
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| | 7 | In section 26(1) (exception: tenants of certain public authorities) for |
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| | “statements of account” substitute “service charge information, reports on |
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| | |
| | 8 | In section 27 (exception: rent registered and not entered as variable) for |
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| | “statements of account” substitute “service charge information, reports on |
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| | 9 | Omit section 28 (meaning of “qualified accountant”). |
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| | 10 | In section 39 (index of defined expressions) omit the entry in the Table for |
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| | Landlord and Tenant Act 1987 (c. 31) |
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| | 11 | The Landlord and Tenant Act 1987 is amended as follows. |
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| | 12 (1) | Section 42A (service charge contributions to be held in designated account) is |
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| | (a) | for paragraph (b) substitute— |
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| | “(b) | any other sums held in the account are sums standing |
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| | to the credit of one or more other trust funds,”, and |
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| | (b) | for “Secretary of State” substitute “appropriate national authority”. |
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| | (3) | After subsection (2) insert— |
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| | “(2A) | The appropriate national authority may by regulations ensure that a |
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| | payee who holds more than one trust fund in the same designated |
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| | account cannot move any of those funds to another designated account |
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| | unless conditions specified in the regulations are met.” |
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| | (4) | In subsection (3)(a)— |
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| | (a) | after “subsection (1) is” insert “, or regulations under subsection (2A) |
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| | |
| | (b) | for “them” substitute “such documents”. |
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| | (5) | In subsections (5), (6), (7) and (8) for “this section” substitute “subsection (3)”. |
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| | (6) | After subsection (9) insert— |
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| | “(9A) | Regulations under subsection (2A) may include provision about — |
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| | (a) | the circumstances in which a contributing tenant who has |
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| | reasonable grounds for believing that the payee has not |
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| | complied with a duty imposed on him by the regulations may |
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| | withhold payment of a service charge, |
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| | (b) | the period for which payment may be so withheld, |
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| | (c) | the amount of service charge that may be so withheld; |
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| | | and the regulations may provide that any provisions of the |
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| | contributing tenant’s tenancy relating to non-payment or late payment |
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| | of service charge do not have effect in relation to the period for which |
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| | the payment is so withheld.” |
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| | |
| | (a) | after “this section” insert “or in regulations under subsection (2A)”, |
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| | (b) | for “Secretary of State” substitute “appropriate national authority”. |
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| | (8) | After subsection (10) insert— |
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| | “(10A) | Regulations under this section may— |
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| | (a) | make different provision for different cases, including |
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| | different provision for different areas, |
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| | (b) | contain such supplementary, incidental, consequential, |
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| | transitional, transitory or saving provision as the appropriate |
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| | national authority considers appropriate. |
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| | (10B) | Regulations under this section are to be made by statutory instrument |
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| | |
| | (a) | in the case of regulations made by the Secretary of State, is to |
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| | be subject to annulment in pursuance of a resolution of either |
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| | |
| | (b) | in the case of regulations made by the Welsh Ministers, is to |
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| | be subject to annulment in pursuance of a resolution of the |
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| | National Assembly for Wales.” |
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| | |
| | (a) | after “section—” insert— |
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| | ““the appropriate national authority”— |
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| | (i) | in relation to England, means the Secretary of State, and |
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| | (ii) | in relation to Wales, means the Welsh Ministers,”, and |
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| | (b) | in the definition of “relevant financial institution” for “Secretary of |
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| | State” substitute “appropriate national authority”. |
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| | 13 (1) | Section 53 (regulations and orders) is amended as follows. |
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| | (2) | In subsection (2)(b) omit “or 42A”. |
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| | (3) | After subsection (2) insert— |
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| | “(3) | This section does not apply to any power to make regulations under |
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| | |
| | Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) |
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| | 14 | The Leasehold Reform, Housing and Urban Development Act 1993 is |
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| | 15 (1) | Section 78 (management audits) is amended as follows. |
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| | (2) | In subsection (4) for paragraphs (a) and (b), and the “and” following paragraph |
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| | (i) | a member of a body which is a recognised supervisory |
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| | body for the purposes of Part 42 of the Companies |
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| | |
| | (ii) | a qualified surveyor; or |
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| | (iii) | where the landlord is a relevant landlord, a member of |
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| | the Chartered Institute of Public Finance and |
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| | |
| | (b) | he is not any of the following— |
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| | (i) | an officer, employee or partner of the landlord or, |
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| | where the landlord is a company, of an associated |
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| | |
| | (ii) | a person who is a partner or employee of any such |
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| | (iii) | an agent of the landlord who is a managing agent for |
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| | any premises to which the audit in question relates; or |
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| | (iv) | an employee or partner of any such agent; and”. |
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| | (3) | After subsection (5) insert— |
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| | “(5A) | For the purposes of subsection (4)(b)(i) above a company is associated |
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| | with a landlord company if it is the landlord’s holding company, a |
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| | subsidiary of the landlord or another subsidiary of the landlord’s |
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| | |
| | (5B) | Subsection (4)(b)(i) does not apply where the landlord is a relevant |
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| | (5C) | For the purposes of subsection (4)(b)(iii) above a person is a managing |
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| | agent for any premises if he has been appointed to discharge any of the |
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| | landlord’s obligations relating to the management by the landlord of |
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| | |
| | (4) | After subsection (6) insert— |
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| | |
| | “holding company” and “subsidiary” have the meanings given by section |
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| | 1159 of the Companies Act 2006; |
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| | “relevant landlord” means— |
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| | (a) | a local authority (within the meaning of the Landlord and Tenant |
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| | |
| | (b) | a National Park authority; or |
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| | (c) | a new town corporation (within the meaning of the Act of |
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| | |
| | 16 | In section 79(2)(a) (rights exercisable in connection with management |
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| | (a) | for the words from “the matters” to “supplied” substitute “information |
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| | required to be provided”, and |
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| | (b) | for “under” substitute “by virtue of”.’. |
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| Page 135, line 15 [Schedule 1], at end insert— |
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| | ‘(3A) | At least one member of the national board shall be a person who is on the |
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| | London HCA board, with knowledge and experience of London, and |
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| | representing London local authorities.’. |
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| Page 138, line 13 [Schedule 1], after ‘year’, insert ‘, including how it has |
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| contributed to the achievement of sustainable development,’. |
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| Page 175, line 12 [Schedule 7], at end insert— |
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| | ‘Greater London Authority Act 1999 (c. 29) |
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| | 8A | The Greater London Authority Act 1999 is amended as follows. |
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| | 8B (1) | Section 333A (the London housing strategy) is amended as follows. |
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| | |
| | (a) | in paragraph (a) for “Housing Corporation for the purpose of making |
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| | housing grant” substitute “Homes and Communities Agency”, and |
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| | |
| | (i) | for “Housing Corporation”, in the first place where it appears, |
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| | substitute “Homes and Communities Agency”, |
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| | (ii) | for “making housing grant” substitute “giving housing |
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| | financial assistance”, and |
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| | (iii) | omit the words from “(and see also” to the end of the |
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| | |
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| | (i) | for “grant”, in both places where it appears, substitute |
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| | “housing financial assistance”, |
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| | (ii) | for “made” substitute “given”, and |
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| | (iii) | for “payable” substitute “given”, and |
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| | (b) | in paragraph (b) for “grant” substitute “housing financial assistance”. |
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| | (4) | In subsection (8)(a) for “Housing Corporation” substitute “Homes and |
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| | |
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| | (a) | for the definition of “housing grant” substitute— |
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| | ““housing financial assistance” means financial assistance given |
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| | under section 22 of the Housing and Regeneration Act 2008 in |
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| | connection with the provision of housing accommodation;”, |
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| | (b) | after the definition of “local housing authority” insert— |
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| | ““provide”, in relation to houses or housing accommodation, |
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| | |
| | (i) | provide by way of acquisition, construction, conversion, |
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| | improvement or repair; and |
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| | (ii) | provide indirectly;”, and |
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| | (c) | omit the words from “and the reference” to the end. |
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| | 8C | In section 333D (duty to have regard to the London housing strategy)— |
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| | (a) | in the heading for “Housing Corporation” substitute “Homes and |
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| | |
| | (b) | in subsection (1) for the words from “under” to “Corporation” |
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| | substitute “relating to Greater London and conferred by or under Part |
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| | 1 of the Housing and Regeneration Act 2008 (other than any function |
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| |
| |
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| | conferred by virtue of section 13 or 14 of that Act), the Homes and |
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| Page 189, line 44 [Schedule 11], column 2, at beginning insert— |
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| | ‘In section 85(3)(a), the words from “or payments” to |
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| Page 189, line 50 [Schedule 11], at end insert— |
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| ‘Housing Associations Act 1985 |
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| Page 189, line 50 [Schedule 11], at end insert— |
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| ‘Landlord and Tenant Act 1985 |
| | | | | | | | | | | In section 39, the entry in the Table for “qualified |
| | | | | | | | | Landlord and Tenant Act 1987 |
| In section 53(2)(b), the words “or 42A”. |
| | | | | | | | | | In Schedule 2, paragraph 9 and the italic heading |
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| Page 189, line 51 [Schedule 11], column 2, at beginning insert— |
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| | ‘In section 9(3), the words from “or payments” to |
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| Page 190, line 2 [Schedule 11], at end insert— |
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| | ‘In Schedule 6, paragraph 24.’. |
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