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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.

 
 

 
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Revised 13 December 2010