Localism Bill

House of Commons

Session 2010 - 11
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Other Bills before Parliament

Localism Bill

Localism Bill (Volume II)
Schedule 16 — Transfer of functions from the Office for Tenants and Social Landlords to the Homes and Communities Agency
Part 1 — Amendments to the Housing and Regeneration Act 2008
340

5
In section 32 (recovery etc of social housing assistance) omit subsection (11).
6
In section 34(2) (determinations under sections 32 and 33)—
(a)
omit paragraph (a), and
(b)
in paragraph (b) omit “other”.
7
Omit section 37 (duty to co-operate with Regulator of Social Housing).
8     (1)
Section 42 (agency arrangements with UDCs) is amended as follows.
      (2)
In subsection (2)(a) after “Chapter 3” insert “or the functions to which
subsection (2A) applies”.
      (3)
After that subsection insert—
“(2A)
The functions to which this subsection applies are the functions
conferred on the HCA—
(a)
as the regulator by virtue of Part 2, or
(b)
as the Regulator of Social Housing by virtue of any other
enactment or instrument.”
9
In section 46 (guidance by the Secretary of State) after subsection (7) insert—
“(8)
This section does not apply to the functions conferred on the HCA—
(a)
as the regulator by virtue of Part 2, or
(b)
as the Regulator of Social Housing by virtue of any other
enactment or instrument.”
10
In section 47 (directions by the Secretary of State) after subsection (6) insert—
“(7)
This section does not apply to the functions conferred on the HCA—
(a)
as the regulator by virtue of Part 2, or
(b)
as the Regulator of Social Housing by virtue of any other
enactment or instrument.”
11
In the Table in section 58 (Part 1: index of defined expressions) in the entry
for “Regulator of Social Housing” for “Section 81(2)(a)” substitute “Section
92A(2)”.
12
In the Table in section 60(4) (structural overview of Part 2) for the entry
relating to Chapter 2 substitute—

“2
92A to
The Social
(a)
The regulator and

109
Housing
the Regulation

Regulator
Committee

(b)
Fundamental

objectives

(c)
Powers

(d)
Money

(e)
Information”

13
Omit section 78 (the regulator of Social Housing).
14
Omit section 81 (the regulator: establishment).
15
Omit section 82 (the regulator: membership).

Localism Bill (Volume II)
Schedule 16 — Transfer of functions from the Office for Tenants and Social Landlords to the Homes and Communities Agency
Part 1 — Amendments to the Housing and Regeneration Act 2008
341

16
Omit section 83 (the regulator: tenure of office of members).
17
Omit section 84 (the regulator: chief executive).
18
Omit section 85 (the regulator: other staff).
19
Omit section 86 (the regulator: fundamental objectives).
20
Omit section 87 (the regulator: procedure).
21
Omit section 88 (the regulator: conflict of interest).
22
Omit section 89 (the regulator: committees).
23
Omit section 90 (the regulator: delegation).
24
Omit section 91 (the regulator: seal).
25
Omit section 92 (the regulator: annual report).
26
After that section insert—
“The regulator and the Regulation Committee
92A
Regulation functions of the HCA
(1)
In this Part “the regulator” means the HCA.
(2)
In any other enactment or instrument “the Regulator of Social
Housing” means the HCA.
92B
The Regulation Committee
(1)
The HCA must establish a committee to be known as the Regulation
Committee.
(2)
The functions conferred on the HCA as the regulator by virtue of this
Part, or as the Regulator of Social Housing by virtue of any other
enactment or instrument, are exercisable by the HCA acting through
the Regulation Committee.
(3)
Those functions are not exercisable by the HCA in any other way.
(4)
Subsections (2) and (3) are subject to any express provision to the
contrary in this Part or in the enactment or instrument in question.
(5)
References in this Part to the functions of the regulator are to the
functions mentioned in subsection (2).
(6)
References in any enactment or instrument to the social housing
functions of the HCA or the Regulator of Social Housing are to the
functions mentioned in subsection (2).
92C
Membership of the Regulation Committee
(1)
The Regulation Committee is to consist of—
(a)
a person appointed by the Secretary of State to chair the
Committee (“the chair”), and
(b)
not less than four and not more than six other members
appointed by the Secretary of State.

Localism Bill (Volume II)
Schedule 16 — Transfer of functions from the Office for Tenants and Social Landlords to the Homes and Communities Agency
Part 1 — Amendments to the Housing and Regeneration Act 2008
342

(2)
The chair of the Committee must not be a member of the HCA
immediately prior to the chair’s appointment as such, but becomes a
member of the HCA on appointment.
(3)
One other member of the Committee may be a member of the HCA.
(4)
The member within subsection (3) is referred to in this Part as the
internal member.
(5)
The remaining members of the Committee must be neither a member
nor a member of staff of the HCA.
(6)
A member within subsection (5) is referred to in this Part as an
external member.
(7)
The Secretary of State must consult the chair before appointing the
other members.
(8)
In appointing a person to be a member, the Secretary of State must
have regard to the desirability of appointing a person who has
experience of, and has shown some capacity in, a matter relevant to
the exercise of the functions of the regulator.
(9)
In appointing a person to be a member, the Secretary of State must
be satisfied that the person will have no financial or other interest
likely to affect prejudicially the exercise of the person’s functions as
a member.
(10)
The Secretary of State may require any person whom the Secretary of
State proposes to appoint as a member to provide such information
as the Secretary of State considers necessary for the purposes of
subsection (9).
92D
Terms of appointment of members
(1)
A member of the Regulation Committee holds office in accordance
with the member’s terms of appointment.
(2)
A member may resign by serving notice on the Secretary of State.
(3)
A person ceases to be the chair if the person—
(a)
resigns that office by serving notice on the Secretary of State,
or
(b)
ceases to be a member of the Committee.
(4)
If a person ceases to be the chair, the person—
(a)
ceases to be a member of the Committee, and
(b)
ceases to be a member of the HCA.
(5)
A person ceases to be the internal member if the person ceases to be
a member of the HCA.
(6)
A person who ceases to be a member or the chair is eligible for
reappointment (subject to section 92C).
(7)
The Secretary of State may remove a member who—
(a)
has been absent from meetings of the Committee without its
permission for more than six months,

Localism Bill (Volume II)
Schedule 16 — Transfer of functions from the Office for Tenants and Social Landlords to the Homes and Communities Agency
Part 1 — Amendments to the Housing and Regeneration Act 2008
343

(b)
has become bankrupt or has made an arrangement with the
member’s creditors,
(c)
the Secretary of State thinks has failed to comply with the
member’s terms of appointment, or
(d)
the Secretary of State thinks is otherwise unable, unfit or
unsuitable to exercise the functions of that member.
92E
Remuneration etc of members
(1)
The Secretary of State may require the HCA to pay to the chair such
additional remuneration and allowances as the Secretary of State
may decide.
(2)
The Secretary of State may require the HCA to pay to the external
members of the Regulation Committee such remuneration and
allowances as the Secretary of State may decide.
(3)
The Secretary of State may require the HCA to—
(a)
pay such pensions, allowances or gratuities as the Secretary
of State may decide to or in respect of any external member
or former external member;
(b)
pay such sums as the Secretary of State may decide towards
provision for the payment of pensions, allowances or
gratuities to or in respect of any external member or former
external member.
(4)
Subsection (5) applies if—
(a)
a person ceases to be an external member, and
(b)
the Secretary of State considers that there are special
circumstances that make it appropriate for the person to
receive compensation.
(5)
The Secretary of State may require the HCA to pay the person such
amount as the Secretary of State may decide.
92F
Sub-committees of the Regulation Committee
(1)
The Regulation Committee may establish one or more sub-
committees.
(2)
A sub-committee may include persons who are not members of the
Committee.
(3)
The Secretary of State may require the HCA to pay such
remuneration and allowances as the Secretary of State may decide to
any person who—
(a)
is a member of a sub-committee, but
(b)
is not a member of the Committee.
(4)
The HCA may dissolve a sub-committee.
92G
Procedure of the Committee and its sub-committees
(1)
The Regulation Committee may decide—
(a)
its own procedure, and
(b)
the procedure of any of its sub-committees.

Localism Bill (Volume II)
Schedule 16 — Transfer of functions from the Office for Tenants and Social Landlords to the Homes and Communities Agency
Part 1 — Amendments to the Housing and Regeneration Act 2008
344

(2)
Subject to subsection (1), a sub-committee may decide its own
procedure.
(3)
The validity of proceedings of the Committee or of any of its sub-
committees is not affected by—
(a)
any vacancy in its membership,
(b)
any defect in the appointment of a member, or
(c)
any contravention of section 92H (members’ interests).
(4)
In this section “procedure” includes quorum.
92H
Members’ interests
(1)
A member of the Regulation Committee who is directly or indirectly
interested in any matter arising at a meeting of the Committee must
disclose the nature of that interest to the meeting.
(2)
A member of a sub-committee of the Committee who is directly or
indirectly interested in any matter arising at a meeting of the sub-
committee must disclose the nature of that interest to the meeting.
(3)
In a case within subsection (1) or (2)—
(a)
the member must not take part in any deliberation or
decision about the matter if it is a contract or agreement of
any description, but
(b)
may otherwise take part in any deliberation or decision about
the matter unless at least one-third of the other members at
the meeting decide that the interests disclosed might
prejudicially affect the member’s consideration of the matter.
92I
Exercise of functions
(1)
The Regulation Committee may delegate any of the functions of the
regulator to—
(a)
any of its members,
(b)
any of its sub-committees, or
(c)
any member of staff of the HCA.
(2)
A sub-committee of the Committee may delegate any function
conferred on it to any member of staff of the HCA.
(3)
A power of the HCA that is a function of the regulator—
(a)
may be exercised separately or together with, or as part of,
another such power;
(b)
does not limit the scope of another such power.
92J
Recommendations to HCA
(1)
The Regulation Committee may make recommendations to the HCA
about the exercise of the HCA’s functions.
(2)
The HCA must publish, in such manner as it thinks fit—
(a)
a recommendation received from the Regulation Committee
under this section, and
(b)
the HCA’s response to it.
(3)
In this section the reference to the HCA’s functions does not include
the functions of the regulator.