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Section 19: supplementary

Amendment made: No. 24, in page 10, line 19, leave out ‘any’ and insert ‘the’.— [Liz Blackman.]

Clause 22


Financial assistance

Amendment made: No. 60, in page 12, line 7, leave out ‘38’ and insert

‘(Duty to give financial assistance in respect of certain disposals)’.— [Liz Blackman.]

Clause 34


Sustainable development

Amendment made: No. 25, in page 15, line 15, leave out Clause 34.— [Liz Blackman.]

Clause 36


Recovery etc. of social housing assistance

Amendments made: No. 135, in page 16, line 25, leave out ‘the social housing assistance’ and insert

‘any social housing assistance given by way of grant’.

No. 136, line 28, at end insert—

‘(4A) The HCA may not specify an amount which exceeds the recoverable amount.

(4B) The recoverable amount is—

(a) the total amount of grant received by the person to whom the direction is given, less

(b) the total of any amounts applied, appropriated or paid in accordance with any previous directions given to the person under subsection (4),

and for the purposes of paragraph (b) any interest provided for by virtue of section 37(1) is to be ignored.


31 Mar 2008 : Column 544

(4C) Subsection (4A) is without prejudice to the power of the HCA under section 37(1).’.— [Liz Blackman.]

Clause 53


Property etc. transfers to the HCA and the Welsh Ministers

Amendment made: No. 29, in page 23, line 7, at end insert—

‘(5) Schedule [Transfer schemes: tax] makes provision about the tax implications of schemes under this section (and schemes under section 67).’.— [Liz Blackman.]

Clause 55


Interim arrangements

Amendment made: No. 26, in page 23, line 43 , leave out ‘and other facilities’ and insert ‘, facilities or other assistance’.— [Liz Blackman.]

Clause 66


Dissolution of Housing Corporation

Amendment made: No. 6, in page 32, line 2 , at end insert—

‘(3) Omit section 33A of the Housing Associations Act 1985 (c. 69) (provision of services between the Corporations).’.— [Liz Blackman.]

Clause 67


Transfer schemes

Amendment made: No. 30, in page 32, line 16, at end insert—

‘(5) Schedule [Transfer schemes: tax] makes provision about the tax implications of schemes under this section (and schemes under section 53).’.— [Liz Blackman.]

Clause 71


low cost home ownership

Amendment made: No. 61, in page 33, line 12 , leave out ‘for rental’.— [Liz Blackman.]

Clause 73


Regulations

Amendments made: No. 62, in page 33, line 43 , leave out first ‘accommodation’ and insert ‘property’.

No. 63, line 43, leave out second ‘accommodation’ and insert ‘property’.

No. 64, in page 34, line 1, leave out ‘accommodation’ and insert ‘property’.

No. 65, line 3, leave out ‘accommodation’ and insert ‘property’.— [Liz Blackman.]

Clause 88


fundamental objectives

Amendment made: No. 66, in page 39, line 16, at end insert

‘(including by promoting the availability of financial services to registered providers of social housing)’.— [Liz Blackman.]


31 Mar 2008 : Column 545

Clause 117


Fees

Amendment made: No. 67, in page 48, line 14 , after ‘principles’, insert—

‘(a) shall provide for section 97(3) to be disregarded for the purpose of subsection (5)(a), and

(b) .’.— [Liz Blackman.]

Clause 127


Directions

Amendments made: No. 68, in page 51, line 29, leave out ‘non-profit’.

No. 69, line 30, at end insert—

‘(1A) A direction may be given to a profit-making registered provider only in so far as its accounts relate to social housing activities.’.— [Liz Blackman.]

Clause 128


Submissions to regulator

Amendment made: No. 70, in page 52, line 14, leave out ‘non-profit’.— [Liz Blackman.]

Clause 129


Non-audited industrial and provident society

Amendment made: No. 71, in page 52, line 25, leave out ‘non-profit’.— [Liz Blackman.]

Clause 136


Offences

Amendments made: No. 72, in page 55, line 25, at end insert—

‘(d) section [companies exempt from audit].’.

No. 73, line 28, at end insert—

‘(c) section [exempt companies: extraordinary audit].’.— [Liz Blackman.]

Clause 138


Disclosure

Amendments made: No. 74, in page 56, line 9, leave out ‘non-profit’.

No. 75, line 10, leave out ‘non-profit’.— [Liz Blackman.]

Clause 139


Non-pofit providers only

Amendment made: No. 76, in page 56, line 20, leave out Clause 139.— [Liz Blackman.]


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Clause 141


Moratorium

Amendments made: No. 77, in page 57, line 27, leave out ‘making of an order’ and insert ‘presenting of a petition’

No. 78, line 30, at end insert—

‘But not the presenting of a petition by the directors or other governing body of the registered provider’.


No. 79, line 34, at end insert—

    ‘A decision by the directors or other governing body of a registered provider to present a petition for winding up where the registered provider is— (a) a registered company, or (b) an industrial and provident society.—[ Liz Blackman.]

    The directors or governing body’.


Clause 142


duration of moratorium

Amendments made: No. 80, in page 58, line 1, after ‘28’, insert ‘working’.

No. 81, line 6, after ‘provider’, insert

‘whom the regulator is able to locate after making reasonable enquiries’.

No. 82, line 19, leave out paragraph (b) and insert—

‘(b) such of its secured creditors as the regulator is able to locate after making reasonable enquiries.’.— [Liz Blackman.]

Clause 143


Further moratorium

Amendment made: No. 83, in page 58, line 32, after ‘provider’, insert

‘whom the regulator is able to locate after making reasonable enquiries’.— [Liz Blackman.]

Clause 144


Effect of moratorium

Amendment made: No. 84, in page 59, line 1, at end insert—

‘(A1) During a moratorium the HCA—

(a) may not give the registered provider a direction under section 36(4), and

(b) may not take steps to enforce such a direction against the registered provider.’.— [Liz Blackman.]

Clause 145


Exempted disposals

Amendments made: No. 85, in page 59, line 30, after ‘by’, insert ‘—

(a) section [right to acquire], or

(b) ’.

No. 86, line 31, after ‘housing’, insert ‘in Wales’.— [Liz Blackman.]


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Clause 147


Proposals procedure

Amendments made: No. 87, in page 60, line 23, leave out ‘its secured creditors’ and insert

‘such of its secured creditors as the regulator is able to locate after making reasonable enquiries’.

No. 88, line 31, leave out ‘of a registered provider agrees to’ and insert

‘to whom proposals were sent agrees to the’.

No. 89, line 34, after ‘creditor’, insert ‘to whom the proposals were sent’.

No. 90, line 38, after ‘creditors’, insert

‘to whom the original proposals were sent’.

No. 91, in page 61, line 6, after ‘creditors’, insert

‘to whom the original proposals were sent’.— [Liz Blackman.]

Clause 151


Manager of industrial and provident society: extra powers

Amendments made: No. 92, in page 62, line 33, after ‘society’, insert ‘—

(a) an instrument providing for the amalgamation of the society with another industrial and provident society, or

(b) .’.

No. 93, line 33, at end insert—

‘(2A) 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).’.

No. 94, line 38, leave out from ‘Authority’ to end of line 39 and insert—

‘(4A) An instrument does not take effect until the copy is registered.’.— [Liz Blackman.]

Clause 167


Exceptions

Amendments made: No. 95, in page 68, line 2, after ‘under’, insert ‘—

(a) section [right to acquire], or

(b) ’.

No. 96, line 2, leave out ‘(as applied by section 172)’ and insert

‘(tenant’s right to acquire social housing in Wales)’.— [Liz Blackman.]

Clause 170


Separate accounting

Amendment made: No. 97, in page 68, line 37, at end insert—

‘(za) net proceeds of sale to a tenant in pursuance of the right to acquire conferred by section [right to acquire],’.— [Liz Blackman.]


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Clause 172


Application of Housing Act 1996

Amendments made: No. 98, in page 69, line 35, leave out ‘shall continue to have effect in relation to social housing in England’ and insert

‘apply in relation to disposals of social housing by registered providers’.

No. 99, line 36, leave out ‘in subsection (3)’ and insert ‘below’.

No. 100, line 41, at end insert ‘and’.

No. 101, line 42, leave out from ‘(supplemental)’ to end of line 43.

No. 102, in page 70, line 1, leave out subsection (3) and insert—

‘(3) In those provisions—

(a) references to a registered social landlord shall be treated as references to a registered provider,

(b) references to consent given by the Welsh Ministers under section 9 of the 1996 Act shall be treated as references to consent given by the regulator under section 166 of this Act,

(c) references to the Welsh Ministers in connection with a power to make orders or regulations shall be treated as references to the Secretary of State,

(d) in section 12(5)(b) of the 1996 Act the reference to the Welsh Ministers shall be treated as a reference to the HCA, and

(e) references to a resolution of the National Assembly for Wales shall be treated as references to a resolution of either House of Parliament.

(4) This section does not affect the continued application of the provisions listed in subsection (2) in relation to disposals made before this section comes into force.’.— [Liz Blackman.]

Clause 177


consent to disposals under other legislation

Amendments made: No. 103, in page 70, line 30, leave out ‘and’.

No. 104, line 33, at end insert ‘, and

(c) section 173 of the Local Government and Housing Act 1989 (c. 42) (consent to certain disposals of housing obtained from new town corporations).’.— [Liz Blackman.]

Clause 178


Section 177: consequential amendments

Amendment made: No. 105, in page 72, line 4, at end insert—

‘(4) In section 173 of the Local Government and Housing Act 1989 (c. 42) (consent to certain disposals of housing obtained from new town corporations)—

(a) in subsection (1)(a) (consent) for “Secretary of State” substitute “appropriate authority”,

(b) after subsection (1) insert—

“(1A) In this section “the appropriate authority” means—

(a) in relation to a disposal of land in England by a registered provider of social housing, the Regulator of Social Housing,

(b) in relation to any other disposal of land in England, the Secretary of State, and

(c) in relation to a disposal of land in Wales, the Welsh Ministers.”,


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