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15

 

Clause 200

115

Page 85, line 18, leave out “appointed under section 199”

116

Page 85, line 28, at end insert—

 

“(4A)    

The reference to documents found on premises includes—

 

(a)    

documents stored on computers or electronic storage devices on the

 

premises, and

 

(b)    

documents stored elsewhere which can be accessed by computers

 

on the premises.

 

(4B)    

The power to inspect documents includes the power to inspect any

 

computer or electronic storage device on which they have been created or

 

stored.”

117

Page 85, line 30, at end insert—

 

“(5A)    

For the purposes of subsections (4A) and (4B) an inspector may require any

 

person having charge of a computer to provide such assistance as the

 

inspector reasonably requests.”

118

Page 85, line 32, leave out “subsection (4) or (5)” and insert “subsections (4) to (5A)”

119

Page 85, line 37, at end insert—

 

“(9)    

In this section “inspector” means—

 

(a)    

a person authorised in writing by the Audit Commission to exercise

 

the powers under this section for the purpose of an inspection

 

carried out by the Audit Commission under section (Inspections), or

 

(b)    

a person authorised in writing by the regulator to exercise the

 

powers under this section for the purpose of any other inspection

 

under that section.”

Clause 203

120

Page 86, leave out line 20 and insert “An individual is eligible for appointment only

 

if the individual is”

121

Page 86, line 24, leave out “or employees” and insert “, employees or consultants”

122

Page 86, line 26, at end insert—

 

“(5)    

“Consultant” means an individual providing services to the regulator

 

otherwise than by virtue of employment with the regulator or an

 

appointment under this section.”

Clause 211

123

Page 88, line 33, leave out subsection (4)

Clause 212

124

Page 89, line 8, leave out “give registered providers guidance on” and insert

 

“publish—

 

(a)    

guidance about complaints to the regulator about the performance

 

of registered providers, and

 

(b)    

guidance about”


 
 

16

125

Page 89, line 9, at end insert—

 

“(1A)    

Guidance under subsection (1)(a) must, in particular, specify—

 

(a)    

the procedure to be followed in making a complaint,

 

(b)    

the criteria used by the regulator in deciding whether to investigate

 

a complaint, and

 

(c)    

periods within which the regulator aims to inform complainants of

 

the result of complaints.”

126

Page 89, line 10, leave out “the guidance in exercising those powers” and insert

 

“guidance under this section”

Clause 213

127

Page 89, line 12, after “guidance” insert “under section 212”

128

Page 89, line 15, at end insert—

 

“( )    

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

 

housing authorities,”

129

Page 89, line 15, at end insert—

 

“( )    

the Audit Commission for Local Authorities and the National

 

Health Service in England,”

Clause 219

130

Leave out Clause 219

Clause 220

131

Leave out Clause 220

Clause 229

132

Page 94, line 27, leave out “to 234” and insert “, 233(1), (3) and (6) and 234”

133

Page 94, line 39, leave out “219,”

Clause 237

134

Page 96, line 28, leave out “or occupier”

135

Page 96, line 30, leave out “or occupiers”

136

Page 96, line 32, leave out “and occupiers”

Clause 241

137

Page 98, line 3, leave out “to 244” and insert “, 243(1) and (3) and 244”

138

Page 98, line 19, leave out “219,”

Clause 247

139

Page 100, line 4, leave out subsection (2) and insert—


 
 

17

 
 

“(2)    

The notice must specify a period during which the registered provider may

 

make representations to the regulator.

 

(2A)    

The period must—

 

(a)    

be a period of at least 28 days, and

 

(b)    

begin with the date on which the registered provider receives the

 

notice.”

140

Page 100, line 17, leave out “219,”

Clause 248

141

Page 100, line 30, leave out paragraph (a)

142

Page 100, line 38, at end insert—

 

“(2A)    

A requirement to transfer management functions may be imposed only

 

with the Secretary of State’s consent (both as to the transfer and the terms).”

Clause 249

143

Page 101, line 14, leave out subsection (2) and insert—

 

“(2)    

The notice must specify a period during which the registered provider may

 

make representations to the regulator.

 

(2A)    

The period must—

 

(a)    

be a period of at least 28 days, and

 

(b)    

begin with the date on which the registered provider receives the

 

notice.”

144

Page 101, line 27, leave out “219,”

Clause 251

145

Page 102, line 23, leave out subsection (2) and insert—

 

“(2)    

The notice must specify a period during which the registered provider may

 

make representations to the regulator.

 

(2A)    

The period must—

 

(a)    

be a period of at least 28 days, and

 

(b)    

begin with the date on which the registered provider receives the

 

notice.”

146

Page 102, line 36, leave out “219,”

Clause 252

147

Page 103, line 4, leave out paragraph (a)

148

Page 103, line 6, leave out “non-profit”

149

Page 103, line 8, leave out “non-profit”

150

Page 103, line 10, leave out “non-profit”

151

Page 103, line 13, leave out “non-profit”

152

Page 103, line 13, at end insert—


 
 

18

 
 

“(2A)    

A requirement may be imposed on a profit-making registered provider

 

only in relation to its social housing and associated land.

 

(2B)    

For the purposes of subsection (2A) land is associated with social housing

 

if the regulator thinks that it is used in connection with the social housing

 

or its management.

 

(2C)    

A requirement may not be imposed on a non-profit registered provider

 

requiring it to transfer land to a profit-making registered provider.”

Clause 253

153

Page 103, line 22, leave out “non-profit”

154

Page 103, line 27, at end insert—

 

“(5)    

Where land is transferred to the regulator under section 252(2)(a)—

 

(a)    

the regulator may dispose of it only to a registered provider, and

 

(b)    

if it is transferred by a non-profit registered provider, the regulator

 

may dispose of it only to a non-profit registered provider.”

Clause 254

155

Page 103, line 31, leave out paragraph (a)

156

Page 103, line 42, at end insert—

 

“(2A)    

The regulator may act under subsection (2) only with the Secretary of

 

State’s consent.”

Clause 255

157

Page 104, line 22, leave out paragraph (a) and insert—

 

“(a)    

that the affairs of the registered provider have been mismanaged,”

158

Page 104, line 27, leave out from “satisfied” to “have” in line 30 and insert “that the

 

affairs of the registered provider”

Clause 256

159

Page 105, line 7, leave out paragraph (a)

Clause 258

160

Page 106, line 1, leave out paragraph (a) and insert—

 

“(a)    

that the affairs of the registered provider have been mismanaged,”

161

Page 106, line 6, leave out from “satisfied” to “have” in line 9 and insert “that the

 

affairs of the registered provider”

Clause 259

162

Page 106, line 23, leave out paragraph (a)

Clause 265

163

Page 108, line 16, leave out subsection (2)


 
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