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‘(1) This section applies where, in accordance with section [companies exempt from audit] a company appoints a reporting accountant to prepare a report in respect of its accounts for any year.
(2) The regulator may require the company to—
(a) cause a qualified auditor to audit its accounts and balance sheet for that year, and
(b) send a copy of the report to the regulator by a specified date.
(3) A requirement may not be imposed before the end of the financial year to which it relates.
(4) “Qualified auditor”, in relation to a company, means a person who—
(a) is eligible for appointment as a statutory auditor of the company under Part 42 of the Companies Act 2006 (statutory auditors), and
(b) is not prohibited from acting as statutory auditor of the company by virtue of section 1214 of that Act (independence requirement).’.
‘(1) During a moratorium the regulator may appoint an interim manager of the registered provider.
(2) An appointment may relate to the registered provider’s affairs generally or to affairs specified in the appointment.
(3) Appointment shall be on terms and conditions (including as to remuneration) specified in, or determined in accordance with, the appointment.
(4) An appointment under this section shall come to an end with the earliest of the following—
(a) the end of the moratorium,
(b) the agreement of proposals under section 146, or
(c) a date specified in the appointment.
(5) An interim manager shall have—
(a) any power specified in the appointment, and
(b) any other power in relation to the registered provider’s affairs required by the manager for the purposes specified in the appointment (including the power to enter into agreements and take other action on behalf of the registered provider).
(6) But an interim manager may not—
(b) grant security over land.’.
‘(1) The tenant of a dwelling in England has a right to acquire the dwelling if—
(a) the landlord is a registered provider or a registered social landlord,
(b) the tenancy is within subsection (2),
(c) the provision of the dwelling was publicly funded,
(d) the dwelling has remained in the social rented sector ever since that provision, and
(e) the tenant satisfies any qualifying conditions applicable under Part V of the Housing Act 1985 (c. 68) (as it applies by virtue of section [right to acquire: supplemental]).
(2) A tenancy is within this subsection if it is—
(a) an assured tenancy, other than an assured shorthold tenancy or a long tenancy, or
(3) The reference in subsection (1)(a) to a registered provider includes—
(a) a person who provided the dwelling in fulfilment of a condition imposed by the HCA when giving assistance to the person;
(b) a person who provided the dwelling wholly or partly by means of a grant under section 27A of the Housing Act 1996 (c. 52).’.
‘(1) The provision of a dwelling was publicly funded if any of the following conditions is satisfied.
(a) the dwelling was provided by a person in fulfilment of a condition imposed by the HCA when giving assistance to the person, and
(b) before giving the assistance the HCA notified the person that if it did so the provision of the dwelling would be regarded as publicly funded.
(3) Condition 2 is that the dwelling was provided wholly or partly by using sums in the disposal proceeds fund of—
(b) a registered social landlord.
(a) the dwelling was acquired by a registered provider, or a registered social landlord, on a disposal by a public sector landlord,
(b) the disposal was made on or after 1st April 1997, and
(c) at the time of the disposal the dwelling was capable of being let as a separate dwelling.
(5) Condition 3 is not satisfied if the dwelling was acquired in pursuance of a contract made, or option created, before 1st April 1997.
(a) the dwelling was provided wholly or partly by means of a grant under section 18 or 27A of the Housing Act 1996 (c. 52), and
(b) when the grant was made the recipient was notified under section 16(4) of that Act that the dwelling was to be regarded as funded by means of such a grant.’.
‘(1) This section applies for the purposes of determining whether a dwelling has remained in the social rented sector.
(2) A dwelling shall be treated as having remained in the social rented sector for any period during which—
(a) the freeholder was a person within subsection (3), and
(b) each leaseholder was either a person within that subsection or an individual holding otherwise than under a long tenancy.
(3) A person is within this subsection if the person is—
(b) a registered social landlord, or
(4) A dwelling provided wholly or partly by means of a grant under section 27A of the Housing Act 1996 (c. 52) shall also be treated as having remained in the social rented sector for any period during which it was used exclusively for permitted purposes by—
(a) the recipient of the grant, or
(b) any person treated as the recipient by virtue of section 27B of that Act.
(5) “Permitted purposes” are purposes for which the grant was made and any other purposes agreed by the Housing Corporation or the HCA.
(6) Where a lease of a dwelling has been granted to a former freeholder in pursuance of paragraph 3 of Schedule 9 to the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) (mandatory leaseback to former freeholder on collective enfranchisement) the reference in subsection (1)(a) above to the freeholder shall be construed as a reference to the leaseholder under that lease.’.
‘(1) The definitions in this section apply to sections [right to acquire] to [interpretation: “remained in the social rented sector”].
(2) The HCA gives “assistance” to a person if it—
(a) transfers housing or other land to the person,
(b) provides infrastructure to the person, or
(c) gives financial assistance to the person.
(3) References to a “registered social landlord” are to a body which, at the time to which the reference relates, was a registered social landlord within the meaning of Part 1 of the Housing Act 1996 (c. 52) as it then had effect.
(4) “Leaseholder” does not include a mortgagee.
(5) “Long tenancy” has the same meaning as in Part V of the Housing Act 1985 (c. 68).
(6) A person provides a dwelling if the person—
(a) acquires, constructs, converts, improves or repairs housing or other land for use as a dwelling, or
(b) ensures such acquisition, construction, conversion, improvement or repair by another.
(7) “Public sector landlord” means anyone falling within section 80(1) of the Housing Act 1985 (c. 68).’.
‘(1) Section 17 of the Housing Act 1996 (c. 52) (right to acquire: supplemental) applies in relation to the right to acquire under section [right to acquire] of this Act with the modifications set out below.
(2) The modifications are as follows—
(a) references to the right to acquire under section 16 of the 1996 Act shall be treated as references to the right to acquire under section [right to acquire] of this Act,
(b) references to the Welsh Ministers shall be treated as references to the Secretary of State,
(c) the reference to registered social landlords shall be treated as a reference to registered providers, and
(d) the reference to a resolution of the National Assembly for Wales shall be treated as a reference to a resolution of either House of Parliament.’.
‘(1) In section 16 of the Housing Act 1996 (c. 52) (right to acquire)—
(a) for subsection (1) substitute—
“(1) The tenant of a dwelling in Wales has a right to acquire the dwelling if—
(a) the landlord is a registered social landlord or a registered provider of social housing,
(i) an assured tenancy, other than an assured shorthold tenancy or a long tenancy, or
(c) the dwelling was provided with public money and has remained in the social rented sector, and
(d) the tenant satisfies any further qualifying conditions applicable under Part V of the Housing Act 1985 (the right to buy) as it applies in relation to the right conferred by this section.”,
(b) in subsection (2)(c) after “registered social landlord” insert “or a registered provider of social housing”, and
(c) in subsection (3)(a) and (b)(ii) after “registered social landlord” insert “, a registered provider of social housing”.
(2) In section 16A(1) (extension of section 16 to dwellings funded by grants under section 27A) after the first “dwelling” insert “in Wales”.
(3) In section 20 (purchase grant where right to acquire exercised)—
(a) in subsection (1) after “landlords” insert “and registered providers of social housing”, and
(b) in subsection (4) after “landlord” insert “or registered provider of social housing”.
(4) In section 21 (purchase grant in respect of other disposals)—
(i) after “landlords” insert “and registered providers of social housing”, and
(ii) after “dwellings” insert “in Wales”,
(i) after “section 16” insert “or by section [Right to acquire] of the Housing and Regeneration Act 2008”, and
(ii) for “landlord’s” substitute “landlord or provider (as the case may be)”, and
(c) in subsection (4) after “landlord” insert “or registered provider of social housing”.’.
‘(1) This section applies where the regulator is deciding—
(a) whether to exercise a power under this Chapter,
(b) which power under this Chapter to exercise, or
(c) how to exercise a power under this Chapter.
(2) The regulator shall consider—
(a) the desirability of registered providers being free to choose how to provide services and conduct business;
(b) whether the failure or other problem concerned is serious or trivial;
(c) whether the failure or other problem is a recurrent or isolated incident;
(d) the speed with which the failure or other problem needs to be addressed.’.
‘(1) This section applies if as a result of an inquiry under section 192 or an audit under section 196 the regulator is satisfied that—
(a) a non-profit registered provider which is an industrial and provident society has failed to meet a standard under section 180 or 181,
(b) the affairs of a non-profit registered provider which is an industrial and provident society have been mismanaged in relation to social housing, or
(c) the management of social housing owned by a non-profit registered provider which is an industrial and provident society would be improved if the provider were amalgamated with another industrial and provident society.
(2) The regulator may make and execute on behalf of the society an instrument providing for the amalgamation of the society with another industrial and provident society.
(3) An instrument providing for the amalgamation of a society (“S1”) with another has the same effect as a resolution by S1 under section 50 of the Industrial and Provident Societies Act 1965 (c. 12) (amalgamation of societies by special resolution).
(4) A copy of an instrument shall be sent to and registered by the Financial Services Authority.
(5) An instrument does not take effect until the copy is registered.
(6) The copy must be sent for registration during the period of 14 days beginning with the date of execution; but a copy registered after that period is valid.
(7) Any body created by virtue of an amalgamation—
(a) must be registered by the regulator and designated as a non-profit organisation, and
(b) pending registration shall be treated as registered and designated as a non-profit organisation.’.— [ Mr. Iain Wright .]
Brought up, read the First time, and added to the Bill.
‘(1) The Secretary of State shall, by regulations made by statutory instrument, set out a code of practice to govern local authority consultations with tenants concerning—
(b) a major change in the management of their homes.
(2) Regulations made under subsection (1) shall require the local authority to—
(a) place in the public domain all relevant information as is necessary for them to influence or control the management of their accommodation and environment including the resources available to the authority to spend on its stock, stock conditions surveys, the business plan of the proposed landlord, the transfer valuation, details of any land and
property to be disposed of, and any other information on which the Offer Document and transfer proposal is based,
(b) ensure at the start of the consultation that all tenants are aware of their rights to access information as set out under paragraph (a),
(c) ensure that material it produces is objective, balanced, informative and accurate,
(d) provide the same level of resources for any tenant group who serves written notice on the authority opposing a proposal as that given to any tenant group making such a proposal so that they can put an alternative view to tenants,
(e) not deny any reasonable request from any group under paragraph (d) for lists of addresses and access to notice boards, meeting facilities and other relevant resources to enable all parties to communicate with those entitled to vote,
(f) give two months notice of—
(i) the start and end date of the ballot, and
(ii) how those eligible will be able to vote, and
(g) ensure that information regarding who has voted at any point in time is treated in confidence,
(h) not exceed spending limits for these consultations as may be determined by the Secretary of State and certified as proper by the District Auditor.’.— [Simon Hughes.]
Brought up, and read the First time.
Question put, That the clause be read a Second time:—
The House divided: Ayes 210, Noes 263.
AYES
Afriyie, Adam
Ainsworth, Mr. Peter
Amess, Mr. David
Ancram, rh Mr. Michael
Atkinson, Mr. Peter
Bacon, Mr. Richard
Baker, Norman
Barker, Gregory
Barrett, John
Beith, rh Mr. Alan
Bellingham, Mr. Henry
Benyon, Mr. Richard
Bercow, John
Beresford, Sir Paul
Binley, Mr. Brian
Blunt, Mr. Crispin
Bottomley, Peter
Brady, Mr. Graham
Breed, Mr. Colin
Brokenshire, James
Browne, Mr. Jeremy
Browning, Angela
Burgon, Colin
Burns, Mr. Simon
Burrowes, Mr. David
Burt, Alistair
Campbell, rh Sir Menzies
Carmichael, Mr. Alistair
Carswell, Mr. Douglas
Cash, Mr. William
Caton, Mr. Martin
Clapham, Mr. Michael
Clappison, Mr. James
Clark, Greg
Clark, Ms Katy
Clarke, rh Mr. Kenneth
Clifton-Brown, Mr. Geoffrey
Cook, Frank
Corbyn, Jeremy
Cormack, Sir Patrick
Cousins, Jim
Cryer, Mrs. Ann
Davies, Mr. Dai
Davies, David T.C. (Monmouth)
Davies, Philip
Davis, rh David (Haltemprice and Howden)
Djanogly, Mr. Jonathan
Dobson, rh Frank
Dorries, Mrs. Nadine
Drew, Mr. David
Duddridge, James
Duncan Smith, rh Mr. Iain
Dunne, Mr. Philip
Ellwood, Mr. Tobias
Evans, Mr. Nigel
Evennett, Mr. David
Fabricant, Michael
Fallon, Mr. Michael
Featherstone, Lynne
Field, rh Mr. Frank
Field, Mr. Mark
Fox, Dr. Liam
Fraser, Christopher
Garnier, Mr. Edward
Gauke, Mr. David
Gibb, Mr. Nick
Gibson, Dr. Ian
Gidley, Sandra
Goldsworthy, Julia
Goodman, Mr. Paul
Goodwill, Mr. Robert
Gove, Michael
Gray, Mr. James
Grayling, Chris
Green, Damian
Greening, Justine
Grieve, Mr. Dominic
Grogan, Mr. John
Hague, rh Mr. William
Hamilton, Mr. David
Hancock, Mr. Mike
Hands, Mr. Greg
Harper, Mr. Mark
Harvey, Nick
Havard, Mr. Dai
Hayes, Mr. John
Heald, Mr. Oliver
Heath, Mr. David
Heathcoat-Amory, rh Mr. David
Hemming, John
Herbert, Nick
Hoban, Mr. Mark
Hoey, Kate
Hogg, rh Mr. Douglas
Hollobone, Mr. Philip
Holmes, Paul
Hopkins, Kelvin
Horam, Mr. John
Horwood, Martin
Howard, rh Mr. Michael
Howarth, David
Hughes, Simon
Hunt, Mr. Jeremy
Hunter, Mark
Hurd, Mr. Nick
Jack, rh Mr. Michael
Jackson, Mr. Stewart
Jones, Lynne
Key, Robert
Kirkbride, Miss Julie
Knight, rh Mr. Greg
Laing, Mrs. Eleanor
Lait, Mrs. Jacqui
Lamb, Norman
Lancaster, Mr. Mark
Lansley, Mr. Andrew
Leigh, Mr. Edward
Letwin, rh Mr. Oliver
Liddell-Grainger, Mr. Ian
Lidington, Mr. David
Lilley, rh Mr. Peter
Llwyd, Mr. Elfyn
Loughton, Tim
Luff, Peter
Mackay, rh Mr. Andrew
Maclean, rh David
Main, Anne
Malins, Mr. Humfrey
Maples, Mr. John
Marshall-Andrews, Mr. Robert
May, rh Mrs. Theresa
McDonnell, John
McIntosh, Miss Anne
McLoughlin, rh Mr. Patrick
Meacher, rh Mr. Michael
Mercer, Patrick
Milton, Anne
Mitchell, Mr. Austin
Moore, Mr. Michael
Moss, Mr. Malcolm
Mulholland, Greg
Murrison, Dr. Andrew
Neill, Robert
O'Brien, Mr. Stephen
Öpik, Lembit
Ottaway, Richard
Paice, Mr. James
Paterson, Mr. Owen
Penning, Mike
Penrose, John
Pickles, Mr. Eric
Price, Adam
Prisk, Mr. Mark
Pugh, Dr. John
Randall, Mr. John
Redwood, rh Mr. John
Rennie, Willie
Riordan, Mrs. Linda
Robertson, Hugh
Robertson, Mr. Laurence
Rowen, Paul
Russell, Bob
Sanders, Mr. Adrian
Selous, Andrew
Shapps, Grant
Shepherd, Mr. Richard
Simpson, Mr. Keith
Smith, Sir Robert
Soames, Mr. Nicholas
Spicer, Sir Michael
Spink, Bob
Spring, Mr. Richard
Stanley, rh Sir John
Steen, Mr. Anthony
Stuart, Mr. Graham
Stunell, Andrew
Swayne, Mr. Desmond
Swire, Mr. Hugo
Syms, Mr. Robert
Taylor, David
Taylor, Mr. Ian
Taylor, Matthew
Teather, Sarah
Thurso, John
Trickett, Jon
Truswell, Mr. Paul
Turner, Mr. Andrew
Tyrie, Mr. Andrew
Vaizey, Mr. Edward
Vara, Mr. Shailesh
Villiers, Mrs. Theresa
Walker, Mr. Charles
Wallace, Mr. Ben
Walley, Joan
Walter, Mr. Robert
Waterson, Mr. Nigel
Watkinson, Angela
Webb, Steve
Whittingdale, Mr. John
Wiggin, Bill
Willetts, Mr. David
Williams, Hywel
Williams, Stephen
Willis, Mr. Phil
Willott, Jenny
Wilshire, Mr. David
Wilson, Mr. Rob
Wright, Jeremy
Yeo, Mr. Tim
Young, rh Sir George
Tellers for the Ayes:
Dan Rogerson and
Richard Younger-Ross
NOES
Abbott, Ms Diane
Ainger, Nick
Ainsworth, rh Mr. Bob
Alexander, rh Mr. Douglas
Allen, Mr. Graham
Anderson, Mr. David
Anderson, Janet
Armstrong, rh Hilary
Atkins, Charlotte
Austin, Mr. Ian
Bailey, Mr. Adrian
Baird, Vera
Balls, rh Ed
Banks, Gordon
Barlow, Ms Celia
Barron, rh Mr. Kevin
Battle, rh John
Beckett, rh Margaret
Begg, Miss Anne
Berry, Roger
Blackman, Liz
Blackman-Woods, Dr. Roberta
Blears, rh Hazel
Borrow, Mr. David S.
Bradshaw, Mr. Ben
Brennan, Kevin
Brown, Lyn
Brown, rh Mr. Nicholas
Brown, Mr. Russell
Browne, rh Des
Bryant, Chris
Buck, Ms Karen
Burden, Richard
Burnham, rh Andy
Byers, rh Mr. Stephen
Byrne, Mr. Liam
Caborn, rh Mr. Richard
Cairns, David
Campbell, Mr. Alan
Campbell, Mr. Ronnie
Cawsey, Mr. Ian
Chapman, Ben
Chaytor, Mr. David
Clark, Paul
Clarke, rh Mr. Charles
Clarke, rh Mr. Tom
Clelland, Mr. David
Clwyd, rh Ann
Coaker, Mr. Vernon
Coffey, Ann
Cohen, Harry
Connarty, Michael
Cooper, Rosie
Cooper, rh Yvette
Crausby, Mr. David
Cummings, John
Cunningham, Mr. Jim
Curtis-Thomas, Mrs. Claire
David, Mr. Wayne
Davies, Mr. Quentin
Dean, Mrs. Janet
Denham, rh Mr. John
Dhanda, Mr. Parmjit
Dismore, Mr. Andrew
Dobbin, Jim
Donohoe, Mr. Brian H.
Doran, Mr. Frank
Dowd, Jim
Eagle, Angela
Eagle, Maria
Efford, Clive
Ellman, Mrs. Louise
Ennis, Jeff
Farrelly, Paul
Fisher, Mark
Fitzpatrick, Jim
Flello, Mr. Robert
Flint, rh Caroline
Flynn, Paul
Follett, Barbara
Foster, Mr. Michael (Worcester)
Foster, Michael Jabez (Hastings and Rye)
Gapes, Mike
George, rh Mr. Bruce
Goodman, Helen
Griffith, Nia
Griffiths, Nigel
Gwynne, Andrew
Hain, rh Mr. Peter
Hall, Mr. Mike
Hall, Patrick
Hamilton, Mr. Fabian
Hanson, rh Mr. David
Harman, rh Ms Harriet
Harris, Mr. Tom
Healey, John
Henderson, Mr. Doug
Hendrick, Mr. Mark
Hepburn, Mr. Stephen
Heppell, Mr. John
Hesford, Stephen
Hewitt, rh Ms Patricia
Heyes, David
Hill, rh Keith
Hillier, Meg
Hodge, rh Margaret
Hodgson, Mrs. Sharon
Hood, Mr. Jim
Hoon, rh Mr. Geoffrey
Hope, Phil
Howarth, rh Mr. George
Howells, Dr. Kim
Hoyle, Mr. Lindsay
Hughes, rh Beverley
Humble, Mrs. Joan
Hutton, rh Mr. John
Iddon, Dr. Brian
Illsley, Mr. Eric
Irranca-Davies, Huw
Jenkins, Mr. Brian
Johnson, rh Alan
Johnson, Ms Diana R.
Jones, Helen
Jones, Mr. Kevan
Jowell, rh Tessa
Joyce, Mr. Eric
Kaufman, rh Sir Gerald
Keeble, Ms Sally
Keeley, Barbara
Keen, Alan
Keen, Ann
Kemp, Mr. Fraser
Kidney, Mr. David
Kilfoyle, Mr. Peter
Knight, Jim
Ladyman, Dr. Stephen
Lammy, Mr. David
Laxton, Mr. Bob
Lazarowicz, Mark
Lepper, David
Levitt, Tom
Lewis, Mr. Ivan
Linton, Martin
Lloyd, Tony
Lucas, Ian
Mactaggart, Fiona
Malik, Mr. Shahid
Mallaber, Judy
Mann, John
Marris, Rob
Marsden, Mr. Gordon
Martlew, Mr. Eric
McAvoy, rh Mr. Thomas
McCabe, Steve
McCafferty, Chris
McCarthy, Kerry
McCarthy-Fry, Sarah
McDonagh, Siobhain
McFadden, Mr. Pat
McFall, rh John
McGuire, Mrs. Anne
McIsaac, Shona
McKechin, Ann
McKenna, Rosemary
McNulty, rh Mr. Tony
Meale, Mr. Alan
Merron, Gillian
Michael, rh Alun
Milburn, rh Mr. Alan
Miliband, rh Edward
Miller, Andrew
Moffat, Anne
Moffatt, Laura
Mole, Chris
Moon, Mrs. Madeleine
Moran, Margaret
Morden, Jessica
Morgan, Julie
Morley, rh Mr. Elliot
Mountford, Kali
Mudie, Mr. George
Mullin, Mr. Chris
Munn, Meg
Murphy, Mr. Denis
Murphy, rh Mr. Paul
Naysmith, Dr. Doug
Norris, Dan
O'Brien, Mr. Mike
O'Hara, Mr. Edward
Olner, Mr. Bill
Osborne, Sandra
Palmer, Dr. Nick
Pearson, Ian
Plaskitt, Mr. James
Pope, Mr. Greg
Prentice, Bridget
Prentice, Mr. Gordon
Prescott, rh Mr. John
Primarolo, rh Dawn
Prosser, Gwyn
Purnell, rh James
Raynsford, rh Mr. Nick
Reed, Mr. Andy
Reed, Mr. Jamie
Reid, rh John
Robertson, John
Robinson, Mr. Geoffrey
Rooney, Mr. Terry
Roy, Mr. Frank
Ruane, Chris
Ruddock, Joan
Russell, Christine
Ryan, rh Joan
Salter, Martin
Sanders, Mr. Adrian
Seabeck, Alison
Sharma, Mr. Virendra
Shaw, Jonathan
Sheerman, Mr. Barry
Sheridan, Jim
Simon, Mr. Siôn
Singh, Mr. Marsha
Skinner, Mr. Dennis
Smith, rh Mr. Andrew
Smith, Angela E. (Basildon)
Smith, rh Jacqui
Snelgrove, Anne
Soulsby, Sir Peter
Southworth, Helen
Spellar, rh Mr. John
Starkey, Dr. Phyllis
Stewart, Ian
Strang, rh Dr. Gavin
Straw, rh Mr. Jack
Stringer, Graham
Stuart, Ms Gisela
Sutcliffe, Mr. Gerry
Taylor, Ms Dari
Thomas, Mr. Gareth
Thornberry, Emily
Timms, rh Mr. Stephen
Todd, Mr. Mark
Touhig, rh Mr. Don
Turner, Dr. Desmond
Turner, Mr. Neil
Twigg, Derek
Vis, Dr. Rudi
Waltho, Lynda
Watson, Mr. Tom
Watts, Mr. Dave
Whitehead, Dr. Alan
Wicks, Malcolm
Williams, rh Mr. Alan
Williams, Mrs. Betty
Wills, Mr. Michael
Wilson, Phil
Winnick, Mr. David
Winterton, rh Ms Rosie
Woolas, Mr. Phil
Wright, Mr. Anthony
Wright, David
Wright, Mr. Iain
Wyatt, Derek
Tellers for the Noes:
Mr. Bob Blizzard and
Tony Cunningham
Question accordingly negatived.
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