House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

5
36
Page 16, line 21, at end insert—

““low cost home ownership accommodation” has the meaning given

by section 71.”
Clause 35
37
Page 16, line 40, after “purposes” insert “of the recipient”
38
Page 17, line 4, leave out “to the person” and insert “in respect of that grant”
39
Page 17, line 5, leave out “interest” and insert “amounts”
40
Page 17, line 6, leave out “is” and insert “are”
41
Page 17, line 16, at end insert—

“( )
The HCA must notify the Regulator of Social Housing at least 14 days

before exercising, in relation to a registered provider of social housing, any

of the powers conferred by subsections (2) to (4).

( )
Events determined by the HCA under subsection (1), and principles

determined by the HCA under subsection (8), must be determined on or

before the time the HCA gives the social housing assistance concerned

unless they are determined subsequently with the agreement of the

recipient of the assistance.”
Clause 36
42
Page 17, line 28, leave out “of an amount with interest” and insert “, in addition to

the specified amount, of one or more of the following—

(a)
interest on the specified amount,

(b)
an amount calculated by reference to any increase in the market

value of any housing or other land acquired, constructed,

converted, improved or repaired as a result of the grant, and

(c)
interest on the amount falling within paragraph (b).”
43
Page 17, line 29, leave out “such direction” and insert “direction falling within

subsection (1)(a) or (c)”
44
Page 17, line 43, at end insert—

“(4A)
Any direction falling within subsection (1)(b) must specify—

(a)
the housing or other land concerned, and

(b)
the method of calculating the amount concerned.”
45
Page 18, line 7, after “(c)” insert “or (4A)”
46
Page 18, line 12, at end insert—

“( )
Principles determined by the HCA under subsection (7)(a), and

determinations by the HCA under subsection (7)(b), must be determined

on or before the time the HCA gives the social housing assistance

concerned unless they are determined subsequently with the agreement of

the recipient of the assistance.”
Clause 37
47
Page 18, line 34, at end insert “(subject to any provision as to the time by which

such a determination must be made)”

6

Clause 44
48
Page 21, line 5, leave out from second “HCA” to end of line 13 and insert “engages,

without the consent of the Secretary of State, in an activity which the HCA would

not be required or permitted to carry on.”
49
Page 21, line 19, leave out subsection (5)
Clause 46
50
Page 22, line 4, leave out subsections (3) and (4)
After Clause 46
51
Insert the following new Clause—

“Local government involvement

(1)
The HCA must from time to time consult such representatives of local

government as the HCA considers appropriate about how the HCA

pursues its objects.

(2)
The HCA must from time to time publish a statement about how it

proposes to comply with subsection (1).

(3)
Before publishing a statement the HCA must consult such persons as it

considers appropriate.”
Clause 53
52
Page 24, line 5, after “Towns,” insert—

“( )
a regional development agency (within the meaning of the

Regional Development Agencies Act 1998 (c. 45)),”
Clause 55
53
Page 25, line 16, at end insert—

“(2)
In paragraph 1(1) of Schedule 17 to the Leasehold Reform, Housing and

Urban Development Act 1993 (c. 28) (constitution of the Urban

Regeneration Agency: number of members), for “six” substitute “two”.

(3)
This section is without prejudice to the power of the Secretary of State

under section 320(1).”
Clause 56
54
Page 25, line 23, at end insert—

“(2A)
A transaction between a person and a subsidiary of the HCA is not invalid

merely because of a failure by the HCA to comply with section 44(1) or (4).”
55
Page 25, line 24, after “HCA” insert “or a subsidiary of the HCA”
56
Page 25, line 26, after “(1)” insert “or (2A)”

7

Clause 59
57
Page 27, leave out line 36
58
Page 28, leave out lines 1 and 2
59
Page 28, line 5, at end insert—

“(2)
References in this Part to powers of the HCA do not include references to

powers contained in duties imposed on the HCA.”
Clause 60
60
Page 28, leave out line 28
61
Page 29, line 3, column 2, after “2” insert “, 22(4A)”
62
Page 29, line 7, at end insert—

“Powers of the
Section 59(2)”

HCA

63
Page 29, leave out line 8
64
Page 29, line 14, at end insert—

“Subsidiary
Section 26(5)”

After Clause 68
65
Insert the following new Clause—

“Transitional arrangements

(1)
The Secretary of State may by order transfer functions of the Housing

Corporation to—

(a)
the regulator,

(b)
the HCA, or

(c)
the regulator and the HCA jointly or concurrently.

(2)
An order under subsection (1) may make provision in relation to English

registered social landlords which is similar to any provision made by this

Part in relation to registered providers.

(3)
“English registered social landlord” means a body—

(a)
which is registered as a social landlord under Part 1 of the Housing

Act 1996, and

(b)
which does not fall within paragraph (a) to (c) of section 56(2) of

that Act (Welsh bodies).

(4)
The Secretary of State may by order make further provision in respect of a

function transferred under this section (which may, in particular, include

provision for the function to cease to be exercisable).

8

(5)
Provision made under this section, including provision made by virtue of

318(1)(d), may modify an enactment.

(6)
Provision under section 320(1) in connection with the coming into force of

a provision of this Act may, in particular, include transitional provision

having regard to the effect of provision made under this section.”
Clause 80
66
Page 37, line 38, after “England,” insert—

“(ca)
a community land trust which owns land in England,”
67
Page 38, line 4, at end insert—

“(2)
In subsection (1)(ca) “community land trust” means a body corporate

which satisfies the conditions below.

(3)
In those conditions “local community” means the individuals who live or

work, or want to live or work, in a specified area.

(4)
Condition 1 is that the body is established for the express purpose of

furthering the social, economic and environmental interests of a local

community by acquiring and managing land and other assets in order—

(a)
to provide a benefit to the local community, and

(b)
to ensure that the assets are not sold or developed except in a

manner which the trust’s members think benefits the local

community.

(5)
Condition 2 is that the body is established under arrangements which are

expressly designed to ensure that—

(a)
any profits from its activities will be used to benefit the local

community (otherwise than by being paid directly to members),

(b)
individuals who live or work in the specified area have the

opportunity to become members of the trust (whether or not others

can also become members), and

(c)
the members of the trust control it.”
Clause 87
68
Leave out Clause 87
Clause 94
69
Page 42, line 11, leave out “and”
70
Page 42, line 13, at end insert “, and

(c)
contain a general description of complaints made to the regulator in

that year about the performance of registered providers and of how

those complaints have been dealt with.”
After Clause 99
71
Insert the following new Clause—

“Tenant involvement

(1)
The regulator shall—

9

(a)
promote awareness of the regulator’s functions among tenants of

social housing,

(b)
where the regulator thinks it appropriate, consult them about the

exercise of its functions (for example, by holding meetings), and

(c)
where the regulator thinks it appropriate, involve them in the

exercise of its functions (for example, by appointing them to

committees or sub-committees).

(2)
The regulator shall from time to time publish a statement about how it

proposes to comply with subsection (1).

(3)
Before publishing a statement the regulator must consult such persons as it

thinks appropriate.”
Clause 110
72
Page 47, line 2, after “regulator” insert “if the authority thinks that the disclosure is

necessary”
73
Page 47, line 4, after “authority” insert “if the regulator thinks that the disclosure is

necessary”
Clause 114
74
Page 48, line 13, leave out from “authority” to end of line 14
After Clause 114
75
Insert the following new Clause—

“Registration of local authorities

(1)
The Secretary of State may by order—

(a)
repeal section 114, or

(b)
amend it so as to permit the registration of specified classes of local

authority.

(2)
The Secretary of State may by order require the regulator to register—

(a)
a specified local authority, or

(b)
a specified class of local authority.

(3)
Registration under subsection (2)—

(a)
takes effect in accordance with any provision of the order about

timing or other procedural or incidental matters,

(b)
does not require an application for registration, and

(c)
may apply to a local authority whether or not it is eligible for

registration by virtue of subsection (1).

(4)
If the Secretary of State thinks it necessary or desirable in connection with

the registration of local authorities, the Secretary of State may by order—

(a)
provide for a provision of this Part or any other enactment not to

apply in relation to registered local authorities;

(b)
provide for a provision of this Part or any other enactment to apply

with specified modifications in relation to registered local

authorities;

(c)
amend a provision of this Part or any other enactment.

10

(5)
In this section—

(a)
“local authority” means an authority or person to whom section 114

applies or has applied, and

(b)
“registered local authorities” means authorities or persons who are

registered, registrable or to be registered as a result of an order

under subsection (1) or (2) above.

(6)
Before making an order under this section the Secretary of State shall

consult—

(a)
any authority or person likely to be affected by it, and

(b)
such other persons as the Secretary of State thinks fit.”
Clause 117
76
Page 50, line 5, at end insert—

“(6A)
Principles do not have effect until approved by the Secretary of State.”
77
Page 50, line 7, leave out paragraph (a)
Clause 121
78
Page 51, line 26, at end insert—

“(3)
The Secretary of State may by order provide for the First-tier Tribunal to

have jurisdiction under this section instead of the High Court.”
Clause 124
79
Page 52, line 27, leave out subsection (1) and insert—

“(1)
In section 51 of, and Schedule 2 to, the Housing Act 1996 (c. 52) (schemes

for investigation of complaints by housing ombudsmen) for “Relevant

Authority”, wherever appearing, substitute “Regulator of Social Housing”.

(1A)
In section 51 of that Act—

(a)
for subsection (2)(a) substitute—

“(a)
a registered provider of social housing,”,

(b)
in subsection (2)(d) after “registered with” insert “the Regulator of

Social Housing or”, and

(c)
at the end add—

“(7)
Section 52 shall apply to an order under subsection (4) (with

any necessary modifications).”

(1B)
In paragraph 6(2) of Schedule 2 to that Act (grants) for “Housing

Corporation”, in both places, substitute “Regulator of Social Housing”.”
80
Page 52, line 41, at end insert—

“(3)
At the end of Schedule 2 to that Act add—

“General provision about orders

12
Section 52 shall apply to an order of the Secretary of State under

this Schedule (with any necessary modifications).””