Localism Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Localism Bill

Localism Bill (Volume I)
Part 7 — London
Chapter 1 — Housing and regeneration functions
136

      (5)
A joint report made under this paragraph must distinguish
determinations of a housing ombudsman from other findings or
recommendations.”
Home information packs
156
Abolition of home information packs
5
(1)
Part 5 of the Housing Act 2004 (home information packs) is repealed.
(2)
Schedule 18 (home information packs: consequential amendments) has effect.
Part 7
London
Chapter 1
10
Housing and regeneration functions
157
Removal of limitations on Greater London Authority’s general power
(1)
Section 31 of the Greater London Authority Act 1999 (limits of the Authority’s
general power) is amended as follows.
(2)
In subsection (3) (prohibition on the Authority incurring expenditure in
15
providing housing or other services) omit paragraph (a) (provision of
housing).
(3)
Omit subsection (4) (interpretation of reference to provision of housing).
(4)
Before subsection (5) insert—
“(4A)
The reference in subsection (3) above to providing any education
20
services does not include sponsoring Academies or facilitating their
sponsorship.”
158
New housing and regeneration functions of the Authority
(1)
Part 7A of the Greater London Authority Act 1999 is amended as follows.
(2)
In the heading to that Part, after “HOUSING” insert “AND REGENERATION”.
25
(3)
Before section 333A insert—
“Functions in relation to land
333ZA
Compulsory acquisition of land
(1)
The Authority may acquire land in Greater London compulsorily for
the purposes of housing or regeneration.
30
(2)
The Authority may exercise the power in subsection (1) only if the
Secretary of State authorises it to do so.
(3)
The power in subsection (1) includes power to acquire new rights over
land.

Localism Bill (Volume I)
Part 7 — London
Chapter 1 — Housing and regeneration functions
137

(4)
Subsection (5) applies where—
(a)
land forming part of a common, open space or allotment is
being acquired under subsection (1), or
(b)
new rights are being acquired under subsection (1) over land
forming part of a common, open space or allotment.
5
(5)
The power under subsection (1) includes power to acquire land
compulsorily for giving in exchange for that land or those new rights.
(6)
Part 1 of Schedule 2 to the Housing and Regeneration Act 2008
(compulsory acquisition of land by the Homes and Communities
Agency) applies in relation to the acquisition of land under subsection
10
(1) as it applies in relation to the acquisition of land under section 9 of
that Act.
(7)
In that Part of that Schedule as applied by subsection (6)—
(a)
references to section 9 of that Act are to be read as references to
subsection (1),
15
(b)
references to the Homes and Communities Agency are to be
read as references to the Authority, and
(c)
references to Part 1 of that Act are to be read as references to this
Part.
(8)
The provisions of Part 1 of the Compulsory Purchase Act 1965 (other
20
than section 31) apply, so far as applicable, to the acquisition by the
Authority of land by agreement for the purposes of housing or
regeneration.
(9)
In this section—
“allotment” means any allotment set out as a fuel allotment, or a
25
field garden allotment, under an Inclosure Act;
“common” has the meaning given by section 19(4) of the
Acquisition of Land Act 1981;
“open space” means any land which is—
(a)
laid out as a public garden,
30
(b)
used for the purposes of public recreation, or
(c)
a disused burial ground.
333ZB
Powers in relation to land held for housing or regeneration purposes
(1)
Schedule 3 to the Housing and Regeneration Act 2008 (powers in
relation to land of the Homes and Communities Agency) applies in
35
relation to the Authority and land held by it for the purposes of housing
or regeneration as it applies in relation to the Homes and Communities
Agency and its land.
(2)
In that Schedule as applied by subsection (1)—
(a)
references to the Homes and Communities Agency are to be
40
read as references to the Authority, and
(b)
references to the Homes and Communities Agency’s land are to
the Authority’s land held by it for the purposes of housing or
regeneration.
(3)
Schedule 4 to that Act (powers in relation to, and for, statutory
45
undertakers) applies in relation to the Authority and land held by it for

Localism Bill (Volume I)
Part 7 — London
Chapter 1 — Housing and regeneration functions
138

the purposes of housing or regeneration as it applies in relation to the
Homes and Communities Agency and its land.
(4)
In that Schedule as applied by subsection (3)—
(a)
references to the Homes and Communities Agency are to be
read as references to the Authority,
5
(b)
references to the Homes and Communities Agency’s land are to
the Authority’s land held by it for the purposes of housing or
regeneration,
(c)
references to Part 1 of that Act are to be read as references to this
Part, and
10
(d)
references to the functions of the HCA under Part 1 of that Act
are to be read as references to the functions of the Authority
relating to housing or regeneration.
333ZC
Disposal etc of land held for housing and regeneration purposes
(1)
The Authority may not dispose of land held by it for the purposes of
15
housing or regeneration for less than the best consideration which can
reasonably be obtained unless the Secretary of State consents.
(2)
Consent under subsection (1)—
(a)
may be general or specific;
(b)
may be given unconditionally or subject to conditions.
20
(3)
Subsection (1) does not apply to a disposal by way of a short tenancy if
the disposal consists of—
(a)
the grant of a term of not more than 7 years, or
(b)
the assignment of a term which, at the date of assignment, has
not more than 7 years to run.
25
(4)
A disposal of land by the Authority is not invalid merely because any
consent required by subsection (1) has not been given.
(5)
A person dealing with—
(a)
the Authority, or
(b)
a person claiming under the Authority,
30

in relation to any land need not be concerned as to whether any consent
required by subsection (1) has been given.
333ZD
Power to enter and survey land
(1)
Sections 17 and 18 of the Housing and Regeneration Act 2008 (power to
enter and survey land) apply in relation to the Authority and land in
35
Greater London as they apply in relation to the Homes and
Communities Agency and land outside Greater London.
(2)
In those sections as applied by subsection (1)—
(a)
references to Homes and Communities Agency are to be read as
references to the Authority,
40
(b)
references to land are to land in Greater London, and
(c)
the reference to a proposal for the Homes and Communities
Agency to acquire land is a reference to a proposal for the
Authority to acquire land for the purposes of housing or
regeneration.
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Part 7 — London
Chapter 1 — Housing and regeneration functions
139

Social housing
333ZE
Social housing
(1)
Subject to subsection (2), sections 31 to 36 of the Housing and
Regeneration Act 2008 (social housing functions) apply in relation to
the Authority as they apply in relation to the Homes and Communities
5
Agency.
(2)
In those sections as applied by subsection (1)—
(a)
references to the Homes and Communities Agency are to be
read as references to the Authority,
(b)
the definition of “social housing assistance” in section 32(13) is
10
to be read as if the reference to financial assistance given under
section 19 of that Act were to financial assistance given by the
Authority,
(c)
section 34 is to be read as if subsection (1) were omitted, and
(d)
section 35(1) is to be read as if the reference to section 19 of the
15
Housing and Regeneration Act 2008 were omitted and as if the
reference in paragraph (b) to a dwelling in England outside
Greater London were to a dwelling in Greater London.
(3)
Sums received by the Authority in respect of repayments of grants
made by it for the purposes of social housing are to be used by it for
20
those purposes.
333ZF
Relationship with the Regulator of Social Housing: general
(1)
The Authority must, in the exercise of its housing and regeneration
functions, co-operate with the Regulator of Social Housing (referred to
in this Part as “the Regulator”).
25
(2)
In particular, the Authority must consult the Regulator on matters
likely to interest the Regulator in the exercise of its social housing
functions.
(3)
The Regulator must, in the exercise of its social housing functions, co-
operate with the Authority.
30
(4)
In particular, the Regulator must consult the Authority on matters
likely to interest the Authority in the exercise of its housing and
regeneration functions.
333ZG
Relationship with the Regulator of Social Housing: directions
(1)
The Regulator may direct the Authority not to give financial assistance
35
in connection with social housing to a specified registered provider of
social housing .
(2)
A direction may be given if—
(a)
the Regulator has decided to hold an inquiry into affairs of the
registered provider of social housing under section 206 of the
40
Housing and Regeneration Act 2008 (and the inquiry is not
concluded),
(b)
the Regulator has received notice in respect of the registered
provider of social housing under section 145 of that Act, or

Localism Bill (Volume I)
Part 7 — London
Chapter 1 — Housing and regeneration functions
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(c)
the Regulator has appointed an officer of the registered
provider of social housing under section 269 of that Act (and the
person appointed has not vacated office).
(3)
A direction may prohibit the Authority from giving assistance of a
specified kind (whether or not in pursuance of a decision already taken
5
and communicated to the registered provider of social housing).
(4)
A direction may not prohibit grants to a registered provider of social
housing in respect of discounts given by the provider on disposals of
dwellings to tenants.
(5)
A direction has effect until withdrawn.
10
(6)
In this section the following terms have the same meaning as in Part 2
of the Housing and Regeneration Act 2008—
“disposal” (see section 273 of that Act);
“dwelling” (see section 275 of that Act);
“tenant” (see section 275 of that Act).
15
333ZH
Relationship with the Regulator of Social Housing: further
provisions
(1)
Subsection (2) applies if the Authority is proposing to give financial
assistance on condition that the recipient provides low cost home
ownership accommodation.
20
(2)
The Authority must consult the Regulator about the proposals.
(3)
The Authority must notify the Regulator at least 14 days before
exercising, in relation to a registered provider of social housing, any of
the powers conferred by section 32(2) to (4) of the Housing and
Regeneration Act 2008 (recovery etc of social housing assistance).
25
(4)
The Authority must consult the Regulator before making a general
determination under section 32 or 33 of the Housing and Regeneration
Act 2008.
(5)
For the purposes of this section a person provides low cost home
ownership accommodation if (and only if) the person acquires,
30
constructs or converts any housing or other land for use as low cost
home ownership accommodation or ensures such acquisition,
construction or conversion by another.
(6)
In this section “low cost home ownership accommodation” has the
meaning given by section 70 of the Housing and Regeneration Act 2008.
35
Exercise of functions in relation to certain property etc
333ZI
Exercise of functions by the Authority in relation to certain property
etc
(1)
The Authority may do in relation to any property, rights or liabilities,
or any undertaking, to which this section applies anything that the
40
Commission for the New Towns or (as the case may be) an urban
development corporation could do in relation to the property, rights or
liabilities or the undertaking.
(2)
This section applies to—

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Chapter 1 — Housing and regeneration functions
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(a)
any property, rights or liabilities that—
(i)
have been or are to be transferred to the Authority from
the Homes and Communities Agency by virtue of
section 161 of the Localism Act 2011, and
(ii)
were transferred to the Homes and Communities
5
Agency from the Commission for the New Towns by
virtue of section 51 of and Schedule 6 to the Housing and
Regeneration Act 2008,
(b)
an undertaking, or part of an undertaking, of an urban
development corporation that has been or is to be transferred to
10
the Authority by virtue of an agreement under section 165 of the
Local Government, Planning and Land Act 1980,
(c)
any property, rights or liabilities of an urban development
corporation that have been or are to be transferred to the
Authority by virtue of an order under section 165B of the Local
15
Government, Planning and Land Act 1980, and
(d)
any property, rights or liabilities that—
(i)
have been or are to be transferred to the Authority from
the Homes and Communities Agency by virtue of
section 161 of the Localism Act 2011, and
20
(ii)
were transferred to the Homes and Communities
Agency from an urban development corporation by
virtue of an order under section 165B of the Local
Government, Planning and Land Act 1980.
(3)
In any enactment (whenever passed or made) references to the
25
Authority’s new towns and urban development functions means its
functions in relation to any property, rights or liabilities, or any
undertaking, to which this section applies (whether exercisable by
virtue of this section or otherwise).
(4)
In subsection (4) “enactment” includes an enactment comprised in
30
subordinate legislation (within the meaning of the Interpretation Act
1978).
Grants for housing and regeneration purposes
333ZJ
Grants to the Authority for housing and regeneration purposes
(1)
The Secretary of State may pay to the Authority grants of such amounts as the
35
Secretary of State may, with the Treasury’s consent, determine in respect of
the exercise of the Authority’s functions relating to housing and regeneration.
(2)
A grant under this section may be paid at such times, or in such instalments
at such times, as the Secretary of State may, with the Treasury’s consent,
determine.
40
(3)
A grant under this section may be made subject to such conditions as the
Secretary of State may determine.
(4)
Conditions under subsection (3) may, in particular, include—
(a)
provision as to the use of the grant;
(b)
provision as to the use of any funds generated by activities funded by
45
the grant;

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Chapter 1 — Housing and regeneration functions
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(c)
provision as to the circumstances in which the whole or part of the
grant must be repaid.”
(4)
After section 333D insert—
“Interpretation
333E
Interpretation of Part 7A
5
In this Part—
“building” means a building or other structure (including a house-
boat or caravan);
“caravan” has the meaning given by section 29(1) of the Caravan
Sites and Control of Development Act 1960;
10
“housing” means a building, or part of a building, occupied or
intended to be occupied as a dwelling or as more than one
dwelling; and includes a hostel which provides temporary
residential accommodation;
“land” includes housing or other buildings (and see also the
15
definition in Schedule 1 to the Interpretation Act 1978);
“the Regulator” has the meaning given by section 333ZF(1);
“social housing” (except as part of the expression “social housing
functions”) has the same meaning as in Part 2 of the Housing
and Regeneration Act 2008 (see section 68 of that Act).”
20
159
The London housing strategy
(1)
Before section 333A of the Greater London Authority Act 1999 (the London
housing strategy) insert—
“The London housing strategy”.
(2)
That section is amended as follows.
25
(3)
In subsection (2)(d) for “recommendations” substitute “proposals”.
(4)
In subsection (3)—
(a)
in the opening words for “recommendations” substitute “proposals”,
(b)
in paragraph (a) for “Homes and Communities Agency” substitute
“Authority”, and
30
(c)
for paragraph (b) substitute—
“(b)
proposals as to the exercise by the Authority of its
functions of giving housing financial assistance (see
subsection (4) below);”.
(5)
For subsection (4) substitute—
35
“(4)
Proposals under subsection (3)(b) above may include—
(a)
proposals as to the amount of housing financial assistance to be
given for different activities or purposes;
(b)
proposals as to the number, type and location of houses to be
provided by means of housing financial assistance.”
40
(6)
In subsection (10) in the definition of “housing financial assistance” for the
words from “under” to “2008” substitute “by the Authority”.