House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
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Other Bills before Parliament

32

(i)
”, and

(b)
after “resident landlord,” insert “or

(ii)
the Welsh Ministers in their new towns

residuary capacity,”.


In section 29(7)(a) (conditions for making acquisition orders)—

(a)
after “by” insert “—

(i)
”, and

(b)
after “resident landlord,” insert “or

(ii)
the Welsh Ministers in their new towns

residuary capacity,”.


In section 58(1) (exempt landlords and resident landlords)—

(a)
in paragraph (b) omit “the Commission for the New Towns or”,

and

(b)
after paragraph (de) insert—

“(df)
the Homes and Communities Agency;”.


In section 60 (general interpretation) after subsection (1) insert—

“(1A)
In this Act a reference to the Welsh Ministers in their new towns

residuary capacity 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.””

Income and Corporation Taxes Act 1988 (c. 1)


In section 376(4) of the Income and Corporation Taxes Act 1988

(qualifying borrowers and qualifying lenders) for paragraph (j)

substitute—

“(j)
the Homes and Communities Agency;”.

Local Government Act 1988 (c. 9)


In Schedule 2 to the Local Government Act 1988 (public supply or works

contracts: public authorities) for “The Commission for the New Towns.”

substitute—

“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.”

Housing Act 1988 (c. 50)


The Housing Act 1988 is amended as follows.


In the italic heading before section 50 omit “: functions of Relevant

Authority”.


Omit sections 50 (housing association grants) and 51 (revenue deficit

grants).

    (1)
Section 52 (recovery etc. of grants) is amended as follows.

      (2)
For “Relevant Authority”, wherever it appears, substitute “appropriate

authority”.

33

      (3)
In subsections (1) and (5)(b) for “housing association which is a

registered social landlord” substitute “relevant housing association”.

      (4)
After subsection (9) insert—

“(9A)
In this section and sections 53 and 54—

“the appropriate authority”—

(a)
in relation to an English relevant housing

association, means the Homes and Communities

Agency, and

(b)
in relation to a Welsh relevant housing

association, means the Welsh Ministers,

“relevant housing association” means—

(a)
a housing association which is a registered

provider of social housing (“an English relevant

housing association”), and

(b)
a housing association which is a registered social

landlord (“a Welsh relevant housing

association”).

(9B)
In this section a reference to registration as a provider of social

housing, so far as the context permits, is to be construed as

including, in relation to times, circumstances and purposes

before the commencement of section 112 of the Housing and

Regeneration Act 2008, a reference to registration under—

(a)
Part 1 of the Housing Act 1996,

(b)
Part 1 of the 1985 Act, or

(c)
any corresponding earlier enactment.”

    (1)
Section 53 (determinations under Part 2) is amended as follows.

      (2)
In subsection (2) for “Housing Corporation” substitute “Homes and

Communities Agency”.

      (3)
In subsection (3) for “Relevant Authority”, in both places where it

appears, substitute “appropriate authority”.

      (4)
In subsection (4) for “any provision of sections 50 to” substitute

“section”.


In section 54(2)(a) (tax relief grants) for “a registered social landlord”

substitute “a relevant housing association”.


In section 59(1A) (interpretation of Part 2 etc.) for “50” substitute “52”.

Local Government and Housing Act 1989 (c. 42)


In section 172(8) of the Local Government and Housing Act 1989

(transfers of new town housing stock) in the definition of “new town

corporation” omit “the Commission for the New Towns or”.”
238
Page 190, line 15, at end insert—

“Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)


In Schedule 4 to the Planning (Listed Buildings and Conservation Areas)

Act 1990 (further provisions as to exercise of functions by different

authorities), in paragraph 2, for “and housing action areas” substitute “,

34

housing action areas and areas for which the Homes and Communities

Agency is the local planning authority”.”
239
Page 190, line 17, leave out paragraph 7 and insert—


“In section 3 of the Planning (Hazardous Substances) Act 1990

(hazardous substances authorities: special cases) for subsection (5A)

substitute—

“(5A)
The power to make a designation order under section 13 of the

Housing and Regeneration Act 2008 which contains provision of

the kind mentioned in section 14(3) of that Act does not extend to

providing for the Homes and Communities Agency to be the

hazardous substances authority (whether instead of, or

concurrently with, a county council) in relation to land to which

subsection (1) above applies.

(5B)
Subject to this, section 1 and this section are subject to any

provision made by such an order.””
240
Page 190, line 19, at end insert—

“Water Industry Act 1991 (c. 56)


The Water Industry Act 1991 is amended as follows.


In section 41(2)(d)(i) (power to require the provision of a water main) for

“Commission for the New Towns” substitute “new towns residuary

body”.


In section 97(5) (performance of sewerage undertaker’s functions by

local authorities etc.)—

(a)
in the definition of “relevant area” for paragraph (b) substitute—

“(b)
in relation to the English new towns residuary

body, means any new town in England;

(ba)
in relation to the Welsh new towns residuary

body, means any new town in Wales;”, and

(b)
in the definition of “relevant authority” in paragraph (b) for

“Commission for the New Towns” substitute “new towns

residuary body”.


In section 98 (power to require the provision of a public sewer etc.)—

(a)
in subsection (2)(d)(i) for “Commission for the New Towns”

substitute “new towns residuary body”, and

(b)
in subsection (2A)(d)(i) for “Commission for the New Towns”

substitute “new towns residuary body”.


In section 219(1) (general interpretation) after the definition of

“navigation authority” insert—

““new towns residuary body” means—

(a)
in relation to a new town in 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) or (b) of the Housing and Regeneration

Act 2008 (and references to the “English new

towns residuary body” are to be read

accordingly); and

35

(b)
in relation to a new town in 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) or (ii) of

the New Towns Act 1981 (and references to the

“Welsh new towns residuary body” are to be read

accordingly);”.

Water Resources Act 1991 (c. 57)

    (1)
Section 72 of the Water Resources Act 1991 (interpretation of Chapter 2

of Part 2) is amended as follows.

      (2)
In subsection (2)(a)(iii) for “Commission for the New Towns” substitute

“new towns residuary body”.

      (3)
After subsection (2) insert—

“(2A)
In subsection (2)(a)(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.”

Social Security Administration Act 1992 (c. 5)


In section 191 (interpretation: general), in the definition of “new town

corporation”, for paragraph (a) (but not the “and” following it)

substitute—

“(a)
in relation to England—

(i)
a development corporation established under the

New Towns Act 1981; or

(ii)
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;

(ab)
in relation to Wales—

(i)
a development corporation established under the

New Towns Act 1981; and

(ii)
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 that Act;”.

Taxation of Chargeable Gains Act 1992 (c. 12)


In section 219(1) of the Taxation of Chargeable Gains Act 1992 (disposals

by Housing Corporation etc.)—

(a)
in paragraph (a) before “disposes” insert “or the Homes and

Communities Agency”,

36

(b)
in paragraph (d) at the end insert “or the Homes and

Communities Agency”, and

(c)
in the words after paragraph (d)—

(i)
before “, relevant housing” insert “, the Homes and

Communities Agency”, and

(ii)
before “or, as the case” insert “, the Homes and

Communities Agency”.”
241
Page 190 , line 27, at end insert—

“Finance Act 1996 (c. 8)

    (1)
Section 43A of the Finance Act 1996 (landfill tax in relation to

contaminated land) is amended as follows.

      (2)
In subsection (5) omit paragraph (e).

      (3)
In subsection (6) omit the definition of “English Partnerships”.

Housing Act 1996 (c. 52)

    (1)
Section 28 of the Housing Act 1996 (grants under sections 50 to 54 of the

Housing Act 1988) is amended as follows.

      (2)
Omit subsections (1), (2) and (6).

      (3)
In the heading for “ss 50 to 54” substitute “Part 2”.

Regional Development Agencies Act 1998 (c. 45)


The Regional Development Agencies Act 1998 is amended as follows.


Omit section 36 (transfer of property etc. of Urban Regeneration Agency)

and the italic heading before it.


Omit section 37 (powers in relation to the Urban Regeneration Agency).


In section 38(10) (corporation tax)—

(a)
in the definition of “qualifying transfer” omit paragraph (b), and

(b)
in the definition of “transfer scheme” for “any of sections 34 to

37” substitute “section 34 or 35”.


In section 39(4)(b) (stamp duty) for “any of sections 34 to 37 and”

substitute “section 34 or 35 or”.


Omit Schedule 9 (the Urban Regeneration Agency: transfer schemes).”
242
Page 191 , line 32, at end insert—

“   (1)
Section 408 (transfers of property, rights or liabilities) is amended as

follows.

      (2)
In subsection (3) omit paragraphs (h) and (i).

      (3)
Omit subsection (6).


In section 409 (transfer schemes) omit subsection (5).”
243
Page 191 , line 40, at end insert—

37

“Finance Act 2003 (c. 14)


The Finance Act 2003 is amended as follows.


In section 71(4) (certain acquisitions by registered social landlord exempt

from charge to stamp duty land tax) after paragraph (c) insert—

“(ca)
under section 22 of the Housing and Regeneration Act

2008 (financial assistance by the Homes and

Communities Agency),”.

    (1)
Schedule 9 (stamp duty land tax: right to buy, shared ownership leases

etc.) is amended as follows.

      (2)
In paragraph 1(3)—

(a)
after “and development corporations” insert “etc.”, and

(b)
for “Commission for the New Towns” substitute “Homes and

Communities Agency.””

      (3)
In paragraph 5(2) for paragraph (e) substitute—

“(e)
the Homes and Communities Agency;”.”
244
Page 192, line 8, at end insert—

  “(5B)
Where such an order makes such provision, the Homes and

Communities Agency is the local planning authority for the area and the

purposes concerned in place of any authority who would otherwise be

the local planning authority for that area and those purposes.”

Finance Act 2004 (c. 12)


In section 59(1)(f) of the Finance Act 2004 (contractors) for “Commission

for the New Towns” substitute “Homes and Communities Agency”.”
Before Schedule 9
245
Insert the following new Schedule—

“Amendment of enactments: Part 2

Public Records Act 1958 (c. 51)

1
In Part 2 of the Table at the end of paragraph 3 of Schedule 1 to the Public

Records Act 1958 (bodies whose records are public records) insert at the

appropriate place—

“Office for Tenants and Social Landlords.”

Parliamentary Commissioner Act 1967 (c. 13)

2    (1)
Schedule 2 to the Parliamentary Commissioner Act 1967 (departments

etc. subject to investigation) is amended as follows.

      (2)
Insert at the appropriate place—

“Office for Tenants and Social Landlords”.

      (3)
Omit the entry for the Housing Corporation.

38

House of Commons Disqualification Act 1975 (c. 24)

3    (1)
Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975

(bodies of which all members are disqualified) is amended as follows.

      (2)
Insert at the appropriate place—

“Office for Tenants and Social Landlords.”

      (3)
Omit the entry for the Housing Corporation.

Race Relations Act 1976 (c. 74)

4
In paragraph 52 of Part 1 of Schedule 1A to the Race Relations Act 1976

(bodies and other persons subject to general statutory duty) for

“Housing Corporation” substitute “Office for Tenants and Social

Landlords”.

Interpretation Act 1978 (c. 30)

5
In Schedule 1 to the Interpretation Act 1978 (defined expressions) at the

appropriate place insert—

““Registered provider of social housing” has the meaning

given by section 81(2) of the Housing and Regeneration

Act 2008 (and “non-profit” and “profit-making” in

connection with a provider have the meanings given by

section 115 of that Act).”

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

6
In Schedule 16 to the Local Government, Planning and Land Act 1980

(bodes to whom Part X applies) for paragraph 9 substitute—

“9
The Regulator of Social Housing.”

Inheritance Tax Act 1984 (c. 51)

7
In section 24A(2) of the Inheritance Tax Act 1984 (gifts to housing

associations) before paragraph (a) insert—

“(za)
a non-profit registered provider of social housing;”.

Housing Associations Act 1985 (c. 69)

8
The Housing Associations Act 1985 is amended as follows.

9    (1)
Section 9 (control by Corporation of disposals of land by housing

associations) is amended as follows.

      (2)
In subsection (1A)—

(a)
for “the relevant Corporation”, in both places, substitute “the

relevant regulator”, and

(b)
for paragraphs (a) to (c) substitute—

“(a)
if the land is in England, the Regulator of Social

Housing, and

(b)
if the land is in Wales, the Welsh Ministers.”

      (3)
For subsection (6) substitute—