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Session 2007 - 08
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11

 

Clause 144

81

Page 60, line 38, at end insert—

 

“But not the presenting of a petition by the regulator

  
 

under section 165”

  

Clause 145

82

Page 61, line 39, at end insert “or by the regulator under section 165”

Clause 148

83

Page 63, line 17, leave out from “moratorium” to end of line 19 and insert “a

 

disposal of the registered provider’s land requires the regulator’s prior consent.”

Clause 149

84

Page 64, line 1, leave out “to which” and insert “for which consent is required

 

under—

 

(a)    

85

Page 64, line 2, leave out “applies (disposals requiring Secretary of State’s

 

consent)” and insert “, or

 

(b)    

section 173 of the Local Government and Housing Act 1989 (c. 42).”

After Clause 149

86

Insert the following new Clause—

 

“Disposals without consent

 

(1)    

A purported disposal by a registered provider is void if—

 

(a)    

it requires the regulator’s consent under section 148, and

 

(b)    

the regulator has not given consent.

 

(2)    

But subsection (1) does not apply to a disposal by a non-profit registered

 

provider to one or more individuals (“the buyer”) if—

 

(a)    

the disposal is of a single dwelling, and

 

(b)    

the registered provider reasonably believes at the time of the

 

disposal that the buyer intends to use the property as the buyer’s

 

principal residence.”

Clause 166

87

Page 71, line 11, after “specified” insert “non-profit”

Clause 167

88

Page 71, line 26, after “a” insert “non-profit”

Clause 170

89

Page 72, line 8, at end insert—


 
 

12

 
 

“(1A)    

But a non-profit registered provider may dispose of the landlord’s interest

 

under a secure tenancy only to another non-profit registered provider.”

Clause 171

90

Page 72, line 13, leave out subsections (1) and (2) and insert—

 

“(1)    

Disposal of a dwelling by a registered provider requires the regulator’s

 

consent if the dwelling is social housing.”

91

Page 72, line 20, leave out “The exceptions are” and insert “Consent is not required

 

under this section if the disposal falls within an exception”

Clause 172

92

Page 72, line 23, leave out “non-profit”

93

Page 72, line 33, leave out “to which” and insert “for which consent is required

 

under—

 

(a)    

94

Page 72, line 34, leave out “applies (disposals requiring consent)” and insert “, or

 

(b)    

section 173 of the Local Government and Housing Act 1989 (c. 42).”

Clause 174

95

Page 73, line 27, leave out from “provider” to “to” in line 29

After Clause 174

96

Insert the following new Clause—

 

“Notification where disposal consent not required

 

(1)    

If a non-profit registered provider disposes of land other than a dwelling

 

which is social housing it shall notify the regulator as soon as is reasonably

 

practicable.

 

(2)    

The regulator may give a direction dispensing with the notification

 

requirement.

 

(3)    

Section 173(1) and (3) to (6) applies to a direction under this section as it

 

applies to consent under section 171.”

Clause 175

97

Page 74, line 29, at end insert—

 

“( )    

Where this section applies in relation to the proceeds of sale arising on a

 

disposal, section 35 above, section 27 of the Housing Act 1996 (c. 52) and

 

section 52 of the Housing Act 1988 (c. 50) do not apply.”

Clause 176

98

Page 74, line 32, at end insert—

 

“(1A)    

The regulator may give a direction only with the Secretary of State’s

 

approval.”


 
 

13

 

Clause 181

99

Page 77, line 10, at end insert—

 

    

“and for this purpose “infrastructure” has the same meaning as in Part 1.”

Clause 184

100

Leave out Clause 184

After Clause 185

101

Insert the following new Clause—

 

“Change of use, etc.

 

(1)    

Where the regulator’s consent is required for the disposal of a dwelling by

 

a registered provider, sections 171 to 174 continue to apply in relation to a

 

disposal of the land by the registered provider even if the land has ceased

 

to be a dwelling.

 

(2)    

Sections 171 to 174 also apply in relation to a disposal of land by a

 

registered provider which would fall within Exception 2 or 3 of section 172

 

but for a change of use of the land by the registered provider.”

Clause 189

102

Page 80, line 26, at end insert—

 

“(ba)    

after subsection (1A) insert—

 

“(1B)    

This section does not apply to a disposal of land by a

 

registered provider of social housing unless the land is

 

social housing within the meaning of Part 2 of the Housing

 

and Regeneration Act 2008.””

Clause 190

103

Page 81, line 14, leave out paragraph (d) and insert—

 

“(d)    

requires the regulator to give guidance about complaints relating to

 

registered providers and about the use of its powers under this

 

Chapter and Chapter 7 (sections 212 and 213),”

Clause 194

104

Page 82, line 28, at end insert—

 

“( )    

the Audit Commission for Local Authorities and the National

 

Health Service in England,”

105

Page 82, line 28, at end insert—

 

“( )    

one or more bodies appearing to it to represent the interests of local

 

housing authorities,”

Clause 195

106

Page 83, line 9, at end insert—

 

“( )    

the Audit Commission for Local Authorities and the National

 

Health Service in England,”


 
 

14

107

Page 83, line 9, at end insert—

 

“( )    

one or more bodies appearing to the Secretary of State to represent

 

the interests of local housing authorities,”

After Clause 198

108

Insert the following new Clause—

 

“Inspections

 

(1)    

The regulator may arrange for a person to inspect—

 

(a)    

a registered provider’s performance of its functions in relation to

 

the provision of social housing, or

 

(b)    

the financial or other affairs of a registered provider.

 

(2)    

The person must not be a member of the regulator’s staff.

 

(3)    

If the purpose (or main purpose) of an inspection is to assess a registered

 

provider’s performance by reference to standards under section 191 the

 

regulator—

 

(a)    

shall invite the Audit Commission to carry out the inspection, and

 

(b)    

may arrange for another person to carry out the inspection only if

 

the Audit Commission declines.

 

(4)    

The regulator may direct a person carrying out an inspection to discontinue

 

it.

 

(5)    

An inspection may be general or specific.

 

(6)    

The regulator shall reimburse costs incurred by the Audit Commission in

 

carrying out an inspection.

 

(7)    

If the regulator arranges for a person other than the Audit Commission to

 

carry out an inspection the arrangements may include provision about

 

payments.

 

(8)    

In this section and sections 199 and 200 “the Audit Commission” means the

 

Audit Commission for Local Authorities and the National Health Service

 

in England.”

Clause 199

109

Page 84, line 32, leave out subsections (1) and (2)

110

Page 84, line 39, leave out “an inspector” and insert “under section (Inspections) the

 

person carrying out the inspection”

111

Page 85, line 1, at end insert—

 

“(4A)    

The person who carried out the inspection may publish the report and

 

related information (whether or not the regulator has done so).”

112

Page 85, line 2, leave out subsection (5)

113

Page 85, line 14, leave out “and”

114

Page 85, line 16, at end insert “, and

 

(c)    

the Audit Commission.”


 
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