House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

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)