House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

39

“(6)
Consent under this section must be in writing.””

      (4)
For the heading substitute “Control of disposals by unregistered housing

associations”.

10  (1)
Section 10 (dispositions excepted from section 9) is amended as follows.

      (2)
In subsection (1) for paragraphs (a) to (c) substitute—

“(a)
in the case of dispositions of land in England, the

Regulator of Social Housing, and

(b)
in the case of dispositions of land in Wales, the Welsh

Ministers.”

      (3)
Omit subsection (2)(e) and the “or” before it.

Income and Corporation Taxes Act 1988 (c. 1)

11
The Income and Corporation Taxes Act 1988 is amended as follows.

12
In section 376(4) (qualifying borrowers and qualifying lenders) for

paragraph (k) substitute—

“(k)
the Regulator of Social Housing,”.

13
In section 488(7A) (co-operative housing associations)—

(a)
at the beginning insert “In relation to a housing association which

is a registered provider of social housing”, and

(b)
for paragraph (a) substitute “to the Regulator of Social Housing”.

14
In section 489(5A) (self-build societies) for “Housing Corporation”

substitute “Regulator of Social Housing”.

15
In section 506B(9) (transactions with substantial donors: exceptions)—

(a)
for “registered social landlord or housing association”, in both

places it appears, substitute “relevant housing provider”, and

(b)
in paragraph (a) after “body” insert “which is a non-profit

registered provider of social housing or which is”.

Taxation of Chargeable Gains Act 1992 (c. 12)

16
The Taxation of Chargeable Gains Act 1992 is amended as follows.

17  (1)
Section 218 (disposals of land between the Housing Corporation,

Secretary of State or Scottish Homes and housing associations) is

amended as follows.

      (2)
For “the Housing Corporation”, wherever appearing, substitute “the

Regulator of Social Housing”.

      (3)
For “the Corporation”, wherever appearing, substitute “the Regulator”.

      (4)
In subsection (1)(a) after “Housing Associations Act 1985” insert “, or in

accordance with a requirement imposed under section 252 of the

Housing and Regeneration Act 2008,”.

      (5)
In the heading to the section, and in the italic heading before it, for

“Housing Corporation,” substitute “Regulator of Social Housing,”.

18  (1)
Section 219 (disposals by Housing Corporation, the Secretary of State,

Scottish Homes and certain housing associations) is amended as follows.

40

      (2)
In subsection (1)—

(a)
in paragraphs (a), (c) and (d) for “the Corporation” substitute “a

housing regulator”,

(b)
for “relevant housing association” and “association”, wherever

appearing, substitute “relevant housing provider”,

(c)
in paragraph (c) after “given under” insert “section 166 of the

Housing and Regeneration Act 2008,”, and

(d)
in the words after paragraph (d) for “the Corporation”, wherever

appearing, substitute “the housing regulator”.

      (3)
In subsection (2)—

(a)
for ““the Corporation” means the Housing Corporation”

substitute ““housing regulator” means the Regulator of Social

Housing”, and

(b)
for the definition of “relevant housing association” substitute—

““relevant housing provider” means—

(a)
a non-profit registered provider of social

housing,

(b)
a registered social landlord within the

meaning of Part 1 of the Housing Act 1996,

or

(c)
a body registered in the register

maintained under section 57 of the

Housing (Scotland) Act 2001.”

      (4)
For the heading substitute “Disposals by housing related bodies”.

19  (1)
Section 259 (gifts to housing associations) is amended as follows.

      (2)
In subsection (1)(a) for “relevant housing association” substitute

“relevant housing provider”.

      (3)
In subsections (1)(b) and (2) for “association”, wherever appearing,

substitute “relevant housing provider”.

      (4)
For subsection (3) substitute—

“(3)
In this section “relevant housing provider” means—

(a)
a non-profit registered provider of social housing,

(b)
a registered social landlord within the meaning of Part 1

of the Housing Act 1996,

(c)
a body registered in the register maintained under section

57 of the Housing (Scotland) Act 2001, or

(d)
a registered housing association within the meaning of

Part 2 of the Housing (Northern Ireland) Order 1992.”

Audit Commission Act 1998 (c. 18)

20
The Audit Commission Act 1998 is amended as follows.

21
For section 40 substitute—

“40
Studies relating to registered providers of social housing

(1)
The Commission may promote or undertake studies designed to

improve the economy, efficiency and effectiveness of registered

providers of social housing.

41

(2)
The Commission may charge fees for promoting or undertaking

studies under subsection (1) at the request of the Regulator of

Social Housing.

(3)
The Commission shall send the Regulator of Social Housing a

report on any study under this section.

(4)
The Commission may publish the report.”

22
Omit sections 41 to 41B (functions in relation to registered social

landlords).

23  (1)
Section 41C (advice and assistance for registered social landlords) is

amended as follows.

      (2)
In subsection (1)—

(a)
for the first “registered social landlord” substitute “registered

provider of social housing”, and

(b)
for the second “registered social landlord” substitute “registered

provider”.

      (3)
In the heading for “registered social landlords” substitute “registered

providers of social housing”.

24
Omit section 43 (meaning of “registered social landlord”).

25
In section 49(2A) (disclosure of information) for the words from “such

information” to “except where” substitute “such information in any

circumstances unless”.

26
In Schedule 1 (the Audit Commission) omit—

(a)
paragraph 8(2)(c) and (ca), and

(b)
paragraph 8A.

27
In paragraph 3 of Schedule 2A (interaction with other authorities)

omit—

(a)
paragraph (a) of the definition of “Audit Commission

inspection”, and

(b)
paragraph (e) of the definition of “national studies functions”.

Freedom of Information Act 2000 (c. 36)

28  (1)
Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public

authorities) is amended as follows.

      (2)
Insert at the appropriate place—

“Office for Tenants and Social Landlords.”

      (3)
Omit the entry for the Housing Corporation.

Finance Act 2003 (c. 14)

29
The Finance Act 2003 is amended as follows.

30  (1)
Section 71 (certain acquisitions by registered social landlord exempt

from charge to stamp duty land tax) is amended as follows.

      (2)
In subsections (1), (2) and (3) for “registered social landlord”, wherever

appearing, substitute “relevant housing provider”.

42

      (3)
After subsection (1) insert—

“(1A)
In this section “relevant housing provider” means—

(a)
a non-profit registered provider of social housing, or

(b)
a registered social landlord.”

31  (1)
Paragraph 2 of Schedule 3 (stamp duty land tax: transactions exempt

from charge) is amended as follows.

      (2)
In sub-paragraphs (1) and (2) for “registered social landlord” and

“landlord”, wherever appearing, substitute “relevant housing provider”.

      (3)
After sub-paragraph (2) insert—

“(2A)
A “relevant housing provider” means—

(a)
a non-profit registered provider of social housing, or

(b)
a registered social landlord.”

32  (1)
Schedule 9 (stamp duty land tax: right to buy, shared ownership leases

etc.) is amended as follows.

      (2)
In paragraph 1(3)—

(a)
for “The Housing Corporation” substitute “The Regulator of

Social Housing”, and

(b)
after “The Northern Ireland Housing Executive” insert—

“A non-profit registered provider of social housing”.

      (3)
In paragraph 1(5) after “social landlord” insert “or registered provider of

social housing”.

      (4)
After paragraph 1(5) insert—

  “(6)
A grant under section 22 of the Housing and Regeneration Act

2008 which—

(a)
is made by virtue of section 38 of that Act, or

(b)
is otherwise made to a relevant provider of social

housing (within the meaning of section 38 of that Act)

in respect of discounts given by the provider on

disposals of dwellings to tenants,


does not count as part of the chargeable consideration for a

right to buy transaction to which the vendor is a relevant

provider of social housing.”

Finance Act 2004 (c. 12)

33
In section 59(1)(h) of the Finance Act 2004 (contractors) for “Housing

Corporation” substitute “Regulator of Social Housing”.

Income Tax Act 2007 (c. 3)

34
In section 555 of the Income Tax Act 2007 (transactions with substantial

donors: exceptions)—

(a)
in subsections (2) and (3) for “registered social landlord or

housing association” substitute “relevant housing provider”, and

(b)
in subsection (3) after “body” insert “which is a non-profit

registered provider of social housing or which is”.”

43

Schedule 10
246
Page 195, line 35, at end insert—

    “(4)
Omit subsections (5) and (5A).”
247
Page 196, line 39, at end insert—

    “(4)
Omit subsections (5) and (5A).”
248
Page 198, line 9, at end insert “for purposes other than the purposes of the Secretary

of State or the Welsh Ministers making orders under Part 2 of this Schedule”
249
Page 200, line 26, at end insert—

“( )
are in force on that date,”
250
Page 202, line 12, at end insert—

“Successor landlords

23A(1)
The appropriate national authority may by order provide for this Part of

this Schedule to apply, subject to such modifications as may be specified

in the order, to successor landlord cases.

      (2)
For the purposes of sub-paragraph (1) a successor landlord case is a case,

in relation to an original tenancy, where the interest of the ex-landlord in

the dwelling-house—

(a)
has been transferred to another person after the end of the

original tenancy and before the commencement date, and

(b)
on the commencement date, belongs to the person to whom it has

been transferred or a subsequent transferee.”
251
Page 202, line 19, after “to” insert “a dwelling-house in”
252
Page 202, line 20, after “to” insert “a dwelling-house in”
253
Page 202, line 25, at end insert “for purposes other than the purposes of the

Secretary of State or the Welsh Ministers making orders under this Part of this

Schedule”
254
Page 203, line 6, after second “tenancy” insert “or which is a demoted tenancy to

which section 20B of the Act of 1988 applies”
255
Page 203, line 7, leave out “the Act of 1988” and insert “that Act”
256
Page 203, line 16, at end insert—

    “(2)
For the purposes of the definition of “appropriate national authority” in

sub-paragraph (1) a dwelling-house which is partly in England and

partly in Wales is to be treated—

(a)
as being in England if it is treated as situated in the area of a

billing authority in England by virtue of regulations under

section 1(3) of the Local Government Finance Act 1992 (c. 14)

(council tax in respect of dwellings), and

(b)
as being in Wales if it is treated as situated in the area of a billing

authority in Wales by virtue of regulations under that section.”
Schedule 11
257
Page 204, line 19, after “which” insert “, subject to subsections (7A) and (7B)”