House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
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Other Bills before Parliament

26

(b)
for “that Commission” substitute “that residuary body”.

      (3)
In subsection (7) for “Commission for the New Towns” substitute

“Welsh new towns residuary body”.


In section 30(7)(a) (reservation of right of pre-emption in new town or

overspill area) for “Commission for the New Towns” substitute “new

towns residuary body”.


In section 33 (Crown land) after subsection (2) insert—

“(2A)
For the purposes of this Part of this Act, an interest belonging to

the Welsh new towns residuary body in a tenancy of land is to be

treated as if it were not an interest belonging to the Crown.”


In section 37(1) (interpretation of Part 1) after paragraph (b) insert—

“(ba)
“new towns residuary body” means—

(i)
in relation to England, the Homes and

Communities Agency so far as exercising

functions in relation to anything transferred (or to

be transferred) to it as mentioned in section

54(1)(a) to (d) of the Housing and Regeneration

Act 2008; and

(ii)
in relation to Wales, means the Welsh Ministers so

far as exercising functions in relation to anything

transferred (or to be transferred) to them as

mentioned in section 36(1)(a)(i) to (iii) of the New

Towns Act 1981 (and references to the “Welsh

new towns residuary body” shall be construed

accordingly);”.

    (1)
Schedule 4 (re-acquisition for development) is amended as follows.

      (2)
In the heading for Part 2 for “New Towns Commission” substitute

“Welsh new towns residuary body”.

      (3)
In paragraph 4—

(a)
for “Commission for the New Towns” substitute “Welsh new

towns residuary body”,

(b)
for “the Commission, the Commission” substitute “that body, the

body”, and

(c)
omit the words from “be authorised” to “Government to”.


In paragraph 2(2)(c) of Schedule 4A (exclusion of certain shared

ownership leases) for “Commission for the New Towns” substitute “new

towns residuary body”.”
235
Page 189, line 12, at end insert—

“National Loans Act 1968 (c. 13)


In Schedule 1 to the National Loans Act 1968 (Government lending and

advances) in the entry relating to the New Towns Act 1981 (c. 64)—

(a)
in column 1 omit “(5)(6)”, and

(b)
in column 2 omit “and the Commission for the New Towns”.

27

Local Government Act 1972 (c. 70)


The Local Government Act 1972 is amended as follows.

    (1)
Section 100J (application of Part 5A of the Act to new authorities,

Common Council, etc.) is amended as follows.

      (2)
In subsection (1) after paragraph (f) insert—

“(g)
the Homes and Communities Agency so far as it is

exercising functions conferred on it in relation to a

designated area by virtue of a designation order.”

      (3)
After subsection (2) insert—

“(2A)
In its application by virtue of subsection (1)(g) above in relation

to the Homes and Communities Agency, a reference in this Part

to the offices of the council (however expressed)—

(a)
is to be treated as a reference to such premises located

within the designated area as the Homes and

Communities Agency considers appropriate, and

(b)
in the application of section 100A(6)(a) above to a case

where the meeting is to be held at premises other than

those mentioned in paragraph (a) above, includes a

reference to those other premises.”

      (4)
After subsection (3) insert—

“(3ZA)
In its application by virtue of subsection (1)(g) above in relation

to the Homes and Communities Agency, section 100E above

shall have effect as if—

(a)
in subsection (2), paragraph (c) was omitted, and

(b)
in subsection (3), for paragraphs (a) to (c) there were

substituted—

“(a)
a committee established under paragraph 6(1) of

Schedule 1 to the Housing and Regeneration Act

2008 for the purpose of exercising functions

conferred on the Homes and Communities Agency

in relation to a designated area by virtue of a

designation order; or

(b)
a sub-committee of such a committee established

under paragraph 6(2) of that Schedule to that Act for

that purpose.”

(3ZB)
In its application by virtue of subsection (1)(g) above in relation

to the Homes and Communities Agency, section 100G(1) above

shall have effect as if paragraph (a) was omitted.”

      (5)
After subsection (4A) insert—

“(4B)
In this section “designated area” and “designation order” have

the same meanings as in Part 1 of the Housing and Regeneration

Act 2008.”


In section 100K (interpretation and application of Part 5A) in the

definition of “committee or sub-committee of a principal council” at the

end insert “(and see section 100J(3ZA)(b) above)”.

28

Land Compensation Act 1973 (c. 26)

    (1)
Section 39 of the Land Compensation Act 1973 (duty to rehouse

residential occupiers) is amended as follows.

      (2)
In subsection (4)(d) for “Commission for the New Towns” substitute

“new towns residuary body”.

      (3)
In subsection (8)—

(a)
in paragraph (a) for “Commission for the New Towns” substitute

“new towns residuary body”, and

(b)
in paragraph (c) for “Commission for the New Towns, the

Commission” substitute “new towns residuary body, that body”.

      (4)
In subsection (9)—

(a)
after “section” insert “—

(a)
”, and

(b)
at the end insert—

“(b)
“new towns residuary body” means—

(i)
in relation to England, the Homes and

Communities Agency so far as exercising

functions in relation to anything

transferred (or to be transferred) to it as

mentioned in section 54(1)(a) to (d) of the

Housing and Regeneration Act 2008; and

(ii)
in relation to Wales, the Welsh Ministers

so far as exercising functions in relation to

anything transferred (or to be transferred)

to them as mentioned in section 36(1)(a)(i)

to (iii) of the New Towns Act 1981.””
236
Page 189, line 36, at end insert—

“Northern Ireland Assembly Disqualification Act 1975 (c. 25)

    (1)
Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification

Act 1975 (bodies of which all members are disqualified) is amended as

follows.

      (2)
Insert at the appropriate place—

“The Homes and Communities Agency.”

      (3)
Omit the entry relating to the Urban Regeneration Agency.”
237
Page 190, line 3, at end insert—

“Rent (Agriculture) Act 1976 (c. 80)

    (1)
Section 5 of the Rent (Agriculture) Act 1976 (no statutory tenancy where

landlord’s interest belongs to certain bodies) is amended as follows.

      (2)
In subsection (3)(c) for “Commission for the New Towns” substitute

“English new towns residuary body”.

      (3)
After subsection (3) insert—

“(3A)
In subsection (3)(c) above “English new towns residuary body”

means the Homes and Communities Agency so far as exercising

29

functions in relation to anything transferred (or to be transferred)

to it as mentioned in section 54(1)(a) to (d) of the Housing and

Regeneration Act 2008.”

Rent Act 1977 (c. 42)

    (1)
Section 14 of the Rent Act 1977 (landlord’s interest belonging to local

authority, etc.) is amended as follows.

      (2)
At the beginning insert “(1)”.

      (3)
In paragraph (d) for “Commission for the New Towns” substitute

“English new towns residuary body”.

      (4)
At the end insert—

“(2)
In subsection (1)(d) “English new towns residuary body” means

the Homes and Communities Agency so far as exercising

functions in relation to anything transferred (or to be transferred)

to it as mentioned in section 54(1)(a) to (d) of the Housing and

Regeneration Act 2008.”

Protection from Eviction Act 1977 (c. 43)

    (1)
Section 3A of the Protection from Eviction Act 1977 (excluded tenancies

and licences) is amended as follows.

      (2)
In subsection (8)(c) for “Commission for the New Towns” substitute

“new towns residuary body”.

      (3)
After subsection (8) insert—

“(8A)
In subsection (8)(c) above “new towns residuary body” means—

(a)
in relation to England, the Homes and Communities

Agency so far as exercising functions in relation to

anything transferred (or to be transferred) to it as

mentioned in section 54(1)(a) to (d) of the Housing and

Regeneration Act 2008; and

(b)
in relation to Wales, means the Welsh Ministers so far as

exercising functions in relation to anything transferred

(or to be transferred) to them as mentioned in section

36(1)(a)(i) to (iii) of the New Towns Act 1981.”

Local Government, Planning and Land Act 1980 (c. 65)


The Local Government, Planning and Land Act 1980 is amended as

follows.


In section 4(4) (power to direct bodies to publish information) omit

paragraph (b).


In section 93 (public bodies to whom Part 10 applies) after subsection (1)

insert—

“(1A)
Sections 95 to 96A also apply to the Homes and Communities

Agency so far as it is exercising functions in relation to anything

transferred (or to be transferred) to it as mentioned in section

54(1)(a) to (d) of the Housing and Regeneration Act 2008 (and

30

references to a body to which this Part of this Act applies in those

sections are to be read accordingly).”


In section 99(4)(e) (directions to dispose of land: supplementary) omit

“the Commission for the New Towns,”.


In section 165A(2) (transfer by order of property etc. of urban

development corporations to the Secretary of State etc.)—

(a)
in paragraph (a) for the words from “177” to “Agency)”

substitute “45 of the Housing and Regeneration Act 2008 (agency

arrangements with urban development corporations)”, and

(b)
in paragraph (b) for “subsection (2)” substitute “subsections (5)

and (6)”.


In section 165B(2) (transfer by order of property etc. of urban

development corporations to statutory bodies)—

(a)
in paragraph (a) for the words from “177” to “Agency)”

substitute “45 of the Housing and Regeneration Act 2008 (agency

arrangements with urban development corporations)”, and

(b)
in paragraph (b) for “subsection (2)” substitute “subsections (5)

and (6)”.


In Schedule 16 (bodies to whom Part 10 applies) omit paragraph 6.

Highways Act 1980 (c. 66)

    (1)
Section 219 of the Highways Act 1980 (payments to be made by owners

of new buildings in respect of street works) is amended as follows.

      (2)
In subsection (4)(i)(iii), for “Commission for the New Towns” substitute

“new towns residuary body”.

      (3)
After subsection (4A) insert—

“(4B)
In subsection (4)(i)(iii) “new towns residuary body” means—

(a)
in relation to England, the Homes and Communities

Agency so far as exercising functions in relation to

anything transferred (or to be transferred) to it as

mentioned in section 54(1)(a) to (d) of the Housing and

Regeneration Act 2008; and

(b)
in relation to Wales, the Welsh Ministers so far as

exercising functions in relation to anything transferred

(or to be transferred) to them as mentioned in section

36(1)(a)(i) to (iii) of the New Towns Act 1981.”

Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66)

    (1)
The Compulsory Purchase (Vesting Declarations) Act 1981 is amended

as follows.

      (2)
In section 15 (application of Act to orders under section 161(1) of the

Leasehold Reform, Housing and Urban Development Act 1993) omit the

words from “or under subsection (1)” to “similar provision)”.

      (3)
In Schedule 2 (modifications of Act in certain cases)—

(a)
in paragraph 1 omit the words from “or under subsection (1)” to

“contains similar provision)”, and

31

(b)
in paragraph 3 for “the housing action trust or the Urban

Regeneration Agency (as the case may be)” substitute “or the

housing action trust (as the case may be)”.

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

    (1)
Paragraph 2 of Schedule 4 to the Local Government (Miscellaneous

Provisions) Act 1982 (street trading) is amended as follows.

      (2)
In sub-paragraph (5)(b) for “Commission for the New Towns” substitute

“new towns residuary body”.

      (3)
After sub-paragraph (5) insert—

“(5A)
In sub-paragraph (5)(b) above “new towns residuary body”

means—

(a)
in relation to England, the Homes and Communities

Agency so far as exercising functions in relation to

anything transferred (or to be transferred) to it as

mentioned in section 54(1)(a) to (d) of the Housing and

Regeneration Act 2008; and

(b)
in relation to Wales, the Welsh Ministers so far as

exercising functions in relation to anything transferred

(or to be transferred) to them as mentioned in section

36(1)(a)(i) to (iii) of the New Towns Act 1981.”

Housing Act 1985 (c. 68)


In Schedule 5 to the Housing Act 1985 (exceptions to the right to buy) in

paragraph 3, at the end insert “, or

section 22 of the Housing and Regeneration Act 2008 (financial

assistance) which was a grant made on condition that the housing

association provides social housing (and “provides social housing”

has the same meaning as in Part 1 of that Act).”

Landlord and Tenant Act 1985 (c. 70)


In section 38 (minor definitions) of the Landlord and Tenant Act 1985, in

the definition of “new town corporation”, for paragraph (b) (and the

word “or” immediately before it) substitute—

“(b)
the Homes and Communities Agency so far as exercising

functions in relation to anything transferred (or to be

transferred) to it as mentioned in section 54(1)(a) to (d) of

the Housing and Regeneration Act 2008, or

(c)
the Welsh Ministers so far as exercising functions in

relation to anything transferred (or to be transferred) to

them as mentioned in section 36(1)(a)(i) to (iii) of the New

Towns Act 1981;”.

Landlord and Tenant Act 1987 (c. 31)


The Landlord and Tenant Act 1987 is amended as follows.


In section 21(3)(a) (tenant’s right to apply to tribunal for appointment of

manager)—

(a)
after “by” insert “—