|
| |
|
149 | Assisting tenants of social landlords to become home owners |
| |
In section 122 of the Housing and Regeneration Act 2008 (registered providers |
| |
of social housing in England: restriction on gifts and distributions to members |
| |
etc) after subsection (5) (the third class of permitted payments) insert— |
| |
“(5A) | Class 4 is payments which— |
| 5 |
(a) | are in accordance with the constitution of the registered |
| |
| |
(b) | are paid for the benefit of tenants of the provider, and |
| |
(c) | are in any particular case paid to assist the tenant to obtain other |
| |
accommodation by acquiring a freehold, or long-leasehold, |
| 10 |
| |
(5B) | For the purposes of subsection (5A)— |
| |
“long-leasehold interest”, in relation to a dwelling, means the |
| |
lessee’s interest under a lease of the dwelling granted, for a |
| |
premium, for a term certain exceeding 21 years; |
| 15 |
“acquiring”, in relation to a long-leasehold interest in a dwelling, |
| |
includes acquiring by grant and acquiring by assignment.” |
| |
| |
Regulation of Social Housing |
| |
150 | Transfer of functions from the Office for Tenants and Social Landlords to the |
| 20 |
Homes and Communities Agency |
| |
(1) | Schedule 16 (transfer of functions from the Office for Tenants and Social |
| |
Landlords to the Homes and Communities Agency) has effect. |
| |
| |
Part 1 amends the Housing and Regeneration Act 2008 (regulation of |
| 25 |
social housing) so as to— |
| |
(a) | abolish the Office for Tenants and Social Landlords (“the |
| |
| |
(b) | create the Regulation Committee of the Homes and |
| |
Communities Agency (“the HCA”), and |
| 30 |
(c) | transfer the functions of the Office to the HCA acting through |
| |
| |
Part 2 makes consequential amendments to other enactments, |
| |
Part 3 contains provision transferring property, rights and liabilities of the |
| |
| 35 |
Part 4 contains transitional and saving provisions. |
| |
151 | Regulation of social housing |
| |
Schedule 17 (regulation of social housing) has effect. |
| |
|
| |
|
| |
|
| |
| |
| |
152 | Powers of the National Assembly for Wales |
| |
In Part 1 of Schedule 5 to the Government of Wales Act 2006 (Assembly |
| 5 |
Measures: matters) in Field 11 (housing) after Matter 11.8 insert— |
| |
| |
| Accounts of local authorities in respect of land, housing and other |
| |
buildings relating to their housing functions. |
| |
| 10 |
| Borrowing by local authorities for the purposes of their housing |
| |
| |
| |
| Subsidies or payments replacing subsidies from the Welsh Ministers |
| |
to local authorities, or from local authorities to the Welsh Ministers, |
| 15 |
in respect of local authorities’ housing functions.” |
| |
| |
| |
(1) | In Schedule 2 to the Housing Act 1996 (social rented sector: housing |
| |
complaints) after paragraph 7 insert— |
| 20 |
“Complaints must be referred by designated person |
| |
7A (1) | A complaint against a social landlord is not “duly made” to a |
| |
housing ombudsman under an approved scheme unless it is made in |
| |
writing to the ombudsman by a designated person by way of referral |
| |
of a complaint made to the designated person. |
| 25 |
(2) | For the purposes of this paragraph “designated person” means— |
| |
(a) | a member of the House of Commons, |
| |
(b) | a member of the local housing authority for the district in |
| |
which the property concerned is located, or |
| |
(c) | a designated tenant panel (see paragraph 7B(1)) for the social |
| 30 |
| |
(3) | Before making a referral under sub-paragraph (1), a designated |
| |
person must obtain written consent from the complainant or the |
| |
complainant’s representative. |
| |
(4) | Sub-paragraphs (5) and (6) apply if under sub-paragraph (1) a |
| 35 |
designated person refers a complaint to a housing ombudsman. |
| |
|
| |
|
| |
|
(5) | If the ombudsman decides— |
| |
(a) | not to investigate the complaint, or |
| |
(b) | to discontinue investigation of the complaint, |
| |
| the ombudsman must prepare a statement of reasons for that |
| |
decision and send a copy of the statement to the designated person. |
| 5 |
(6) | If the ombudsman completes investigation of the complaint, the |
| |
ombudsman must inform the designated person of— |
| |
(a) | the results of the investigation, and |
| |
(b) | any determination made. |
| |
(7) | In sub-paragraph (2)(b) “district” in relation to a local housing |
| 10 |
authority has the same meaning as in the Housing Act 1985. |
| |
| |
7B (1) | In paragraph 7A(2)(c) “designated tenant panel” means a group of |
| |
tenants which is recognised by a social landlord for the purpose of |
| |
referring complaints against the social landlord. |
| 15 |
(2) | There may be more than one designated tenant panel for a social |
| |
| |
(3) | Where a social landlord becomes a member of an approved scheme, |
| |
the social landlord must give to the person administering the scheme |
| |
contact details for any designated tenant panel for the social |
| 20 |
| |
(4) | Where a group becomes a designated tenant panel for a social |
| |
landlord, the social landlord must, as respects each approved |
| |
scheme of which the social landlord is a member, give to the person |
| |
administering the scheme contact details for the panel. |
| 25 |
(5) | Where a group ceases to be a designated tenant panel for a social |
| |
landlord, the social landlord must inform the person administering |
| |
each approved scheme of which the social landlord is a member. |
| |
(6) | A complaint referred to a housing ombudsman under an approved |
| |
scheme by a designated tenant panel for a social landlord is not |
| 30 |
affected by the group concerned ceasing to be a designated tenant |
| |
panel for the social landlord. |
| |
Enforcement of a housing ombudsman’s determinations |
| |
7C (1) | The Secretary of State may by order make provision for, or in |
| |
connection with, authorising a housing ombudsman under an |
| 35 |
approved scheme to apply to a court or tribunal for an order that a |
| |
determination made by the ombudsman may be enforced as if it |
| |
were an order of a court. |
| |
(2) | Before the Secretary of State makes an order under sub-paragraph |
| |
(1), the Secretary of State must consult— |
| 40 |
(a) | one or more bodies appearing to the Secretary of State to |
| |
represent the interests of social landlords, |
| |
(b) | one or more bodies appearing to the Secretary of State to |
| |
represent the interests of other members of approved |
| |
| 45 |
|
| |
|
| |
|
(c) | one or more bodies appearing to the Secretary of State to |
| |
represent the interests of tenants, and |
| |
(d) | such other persons as the Secretary of State considers |
| |
| |
(3) | The Secretary of State’s power to make an order under sub- |
| 5 |
paragraph (1) is exercisable by statutory instrument. |
| |
(4) | A statutory instrument containing an order made by the Secretary of |
| |
State under sub-paragraph (1) is subject to annulment in pursuance |
| |
of a resolution of either House of Parliament.” |
| |
(2) | Section 239(2) of the Housing and Regeneration Act 2008 (regulator may award |
| 10 |
compensation if compensation awarded by housing ombudsman has not been |
| |
| |
(3) | Subsection (1), so far as it inserts paragraph 7A of Schedule 2 to the Housing |
| |
Act 1996, applies only in relation to complaints made to a housing ombudsman |
| |
after the coming into force of that subsection so far as it makes that insertion. |
| 15 |
(4) | Subsection (1), so far as it inserts paragraph 7C of that Schedule, applies only |
| |
in relation to determinations made after the coming into force of that |
| |
subsection so far as it makes that insertion. |
| |
(5) | Subsection (2) applies only in relation to determinations made after the coming |
| |
into force of that subsection. |
| 20 |
154 | Transfer of functions to the Housing Ombudsman |
| |
(1) | In Schedule 5 to the Local Government Act 1974 (matters not subject to |
| |
investigation by a Local Commissioner)— |
| |
(a) | after paragraph 5 insert— |
| |
| 25 |
(a) | is taken by or on behalf of a local authority in its |
| |
capacity as a registered provider of social housing, |
| |
| |
(b) | is action in connection with its housing activities so |
| |
far as they relate to the provision or management of |
| 30 |
social housing (and here “social housing” has the |
| |
same meaning as in Part 2 of the Housing and |
| |
| |
5B | In the case of a local authority which is a registered provider |
| |
of social housing, action taken by or on behalf of the authority |
| 35 |
in connection with the management of dwellings owned by |
| |
the authority and let on a long lease (and here “long lease” |
| |
has the meaning given by section 59(3) of the Landlord and |
| |
| |
(b) | in paragraph 6 for the words from “not action” to the end substitute “— |
| 40 |
(a) | action in connection with functions in relation to |
| |
social housing (and here “social housing” has the |
| |
same meaning as in Part 2 of the Housing and |
| |
Regeneration Act 2008), or |
| |
(b) | action in connection with functions in relation to |
| 45 |
anything other than housing.” |
| |
|
| |
|
| |
|
(2) | The Housing Act 1996 is amended as follows. |
| |
(3) | In section 51(2) (investigation of complaints against social landlords) before |
| |
| |
“(za) | a local authority in England which is a registered provider of |
| |
| 5 |
(4) | In Schedule 2 (schemes for the investigation of housing complaints)— |
| |
(a) | in paragraph 1(1) after “social landlord” insert “, other than a local |
| |
| |
(b) | after paragraph 1(1) insert— |
| |
“(1A) | A social landlord which is a local housing authority must be |
| 10 |
a member of an approved scheme covering, or more than one |
| |
scheme which together cover— |
| |
| |
(i) | is taken by or on behalf of the authority in its |
| |
capacity as a registered provider of social |
| 15 |
| |
(ii) | is action in connection with its housing |
| |
activities so far as they relate to the provision |
| |
or management of social housing (and here |
| |
“social housing” has the same meaning as in |
| 20 |
Part 2 of the Housing and Regeneration Act |
| |
| |
(b) | action taken by or on behalf of the authority in |
| |
connection with the management of dwellings owned |
| |
by the authority and let on a long lease (and here |
| 25 |
“long lease” has the meaning given by section 59(3) of |
| |
the Landlord and Tenant Act 1987).”, and |
| |
(c) | after paragraph 11(1) insert— |
| |
“(1A) | If a change in the method of calculation under sub-paragraph |
| |
(1) would result in a member’s subscription being more than |
| 30 |
it would otherwise be, the change may be made only if the |
| |
Secretary of State approves it. |
| |
(1B) | An approved scheme’s total defrayable expenses for a period |
| |
may be more than the scheme’s total defrayable expenses for |
| |
the immediately-preceding corresponding period only if the |
| 35 |
Secretary of State approves the increase. |
| |
(1C) | In sub-paragraph (1A) “defrayable expenses”, in relation to a |
| |
scheme, means expenses of the scheme that are to be |
| |
defrayed by subscriptions from members of the scheme.” |
| |
(5) | The Secretary of State may, in consequence of the amendments made by this |
| 40 |
section, make a scheme (“a transfer scheme”) transferring property, rights and |
| |
liabilities of the Commission for Local Administration in England to a person |
| |
administering a scheme approved under Schedule 2 to the Housing Act 1996. |
| |
(6) | The things that may be transferred under a transfer scheme include— |
| |
(a) | property, rights and liabilities that could not otherwise be transferred, |
| 45 |
| |
(b) | property acquired, and rights and liabilities arising, after the making of |
| |
| |
|
| |
|
| |
|
(7) | A transfer scheme may make consequential, supplementary, incidental or |
| |
transitional provision and may in particular— |
| |
(a) | create rights, or impose liabilities, in relation to property or rights |
| |
| |
(b) | make provision about the continuing effect of things done by or in |
| 5 |
relation to the transferor in respect of anything transferred, |
| |
(c) | make provision about the continuation of things (including legal |
| |
proceedings) in the process of being done by, on behalf of or in relation |
| |
to the transferor in respect of anything transferred, |
| |
(d) | make provision for references to the transferor in an instrument or |
| 10 |
other document in respect of anything transferred to be treated as |
| |
references to the transferee, |
| |
(e) | make provision for the shared ownership or use of property, and |
| |
(f) | if the TUPE regulations do not apply in relation to the transfer, make |
| |
provision which is the same or similar. |
| 15 |
(8) | A transfer scheme may provide— |
| |
(a) | for modification by agreement, and |
| |
(b) | for modifications to have effect from the date when the original scheme |
| |
| |
| 20 |
“TUPE regulations” means the Transfer of Undertakings (Protection of |
| |
Employment) Regulations 2006 (S.I. 2006/246), |
| |
references to rights and liabilities include rights and liabilities relating to |
| |
a contract of employment, and |
| |
references to the transfer of property include the grant of a lease. |
| 25 |
(10) | Subsection (1) applies only in relation to complaints made to a Local |
| |
Commissioner after the coming into force of that subsection. |
| |
(11) | Subsection (3) or (4) applies only in relation to complaints made to a housing |
| |
ombudsman after the coming into force of that subsection. |
| |
155 | Transfer of functions to the Housing Ombudsman: supplementary |
| 30 |
(1) | The Local Government Act 1974 is amended in accordance with subsections (2) |
| |
| |
(2) | In section 33 (consultation between Local Commissioners and other |
| |
| |
(a) | in subsection (1) after paragraph (b) insert— |
| 35 |
“(bza) | by a housing ombudsman under the Housing Act |
| |
| |
(b) | in subsection (2) after “Parliamentary Commissioner,” insert “a |
| |
| |
(c) | after subsection (3) insert— |
| 40 |
“(3A) | If at any stage in the course of conducting an investigation |
| |
under the Housing Act 1996, a housing ombudsman forms the |
| |
opinion that the complaint relates partly to a matter which |
| |
could be the subject of an investigation under this Part of the |
| |
Act, the ombudsman must consult with the appropriate Local |
| 45 |
Commissioner about the complaint and, if the ombudsman |
| |
|
| |
|
| |
|
considers it necessary, inform the person initiating the |
| |
complaint of the steps necessary to initiate a complaint under |
| |
| |
(d) | in subsection (4) after “subsection (3)” insert “or (3A)”, and |
| |
(e) | in that subsection after “1967” insert “or under the Housing Act 1996”. |
| 5 |
(3) | Section 33ZA (collaborative working between Local Commissioners and other |
| |
Commissioners) is amended as follows. |
| |
(4) | In subsection (1) (power to conduct joint investigations)— |
| |
(a) | in paragraph (c) for “both” substitute “a housing ombudsman”, and |
| |
(b) | for the words from “jointly” to the end substitute “jointly with any also- |
| 10 |
involved ombudsman or jointly with any two or more also-involved |
| |
| |
(5) | After subsection (1) insert— |
| |
“(1A) | In subsection (1) “also-involved ombudsman” means a person within |
| |
subsection (1)(a), (b) or (c) who, in the opinion of the Local |
| 15 |
Commissioner concerned, has jurisdiction in relation to a matter that is |
| |
included among the matters which are the subject of the Local |
| |
Commissioner’s investigation.” |
| |
(6) | In subsection (3) (power to conduct joint investigations)— |
| |
(a) | in paragraph (c) for “both” substitute “a housing ombudsman”, and |
| 20 |
(b) | for the words “jointly” to the end substitute “jointly with a person |
| |
within paragraph (a), (b) or (c) who is investigating the complaint or |
| |
jointly with any two or more such persons.” |
| |
(7) | In section 34(1) (interpretation of Part 3) insert at the appropriate place— |
| |
““housing ombudsman” means a housing ombudsman under a |
| 25 |
scheme approved under Schedule 2 to the Housing Act 1996,”. |
| |
(8) | In Schedule 2 to the Housing Act 1996 (housing ombudsman schemes) after |
| |
| |
“Collaborative working with Local Commissioners |
| |
10A (1) | If at any stage in the course of conducting an investigation under this |
| 30 |
Act a housing ombudsman forms the opinion that the complaint |
| |
relates partly to a matter within the jurisdiction of a Local |
| |
Commissioner, the ombudsman may, subject to sub-paragraph (2), |
| |
conduct an investigation under this Act jointly with that |
| |
| 35 |
(2) | A housing ombudsman must obtain the consent of the complainant |
| |
or the complainant’s representative before agreeing to a joint |
| |
investigation referred to in sub-paragraph (1). |
| |
(3) | If a housing ombudsman forms the opinion that a complaint which |
| |
is being investigated by a Local Commissioner relates partly to a |
| 40 |
matter within the jurisdiction of the ombudsman, the ombudsman |
| |
may conduct an investigation jointly with that Commissioner. |
| |
(4) | If a housing ombudsman conducts an investigation jointly with a |
| |
Local Commissioner, the requirements of paragraph 7 may be |
| |
satisfied by a report made jointly with that person. |
| 45 |
|
| |
|