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5 | In section 32 (recovery etc of social housing assistance) omit subsection (11). |
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6 | In section 34(2) (determinations under sections 32 and 33)— |
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(a) | omit paragraph (a), and |
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(b) | in paragraph (b) omit “other”. |
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7 | Omit section 37 (duty to co-operate with Regulator of Social Housing). |
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8 (1) | Section 42 (agency arrangements with UDCs) is amended as follows. |
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(2) | In subsection (2)(a) after “Chapter 3” insert “or the functions to which |
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subsection (2A) applies”. |
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(3) | After that subsection insert— |
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“(2A) | The functions to which this subsection applies are the functions |
| |
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(a) | as the regulator by virtue of Part 2, or |
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(b) | as the Regulator of Social Housing by virtue of any other |
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enactment or instrument.” |
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9 | In section 46 (guidance by the Secretary of State) after subsection (7) insert— |
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“(8) | This section does not apply to the functions conferred on the HCA— |
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(a) | as the regulator by virtue of Part 2, or |
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(b) | as the Regulator of Social Housing by virtue of any other |
| |
enactment or instrument.” |
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10 | In section 47 (directions by the Secretary of State) after subsection (6) insert— |
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“(7) | This section does not apply to the functions conferred on the HCA— |
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(a) | as the regulator by virtue of Part 2, or |
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(b) | as the Regulator of Social Housing by virtue of any other |
| |
enactment or instrument.” |
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11 | In the Table in section 58 (Part 1: index of defined expressions) in the entry |
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for “Regulator of Social Housing” for “Section 81(2)(a)” substitute “Section |
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12 | In the Table in section 60(4) (structural overview of Part 2) for the entry |
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relating to Chapter 2 substitute— |
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|
13 | Omit section 78 (the regulator of Social Housing). |
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14 | Omit section 81 (the regulator: establishment). |
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15 | Omit section 82 (the regulator: membership). |
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|
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|
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|
16 | Omit section 83 (the regulator: tenure of office of members). |
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17 | Omit section 84 (the regulator: chief executive). |
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18 | Omit section 85 (the regulator: other staff). |
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19 | Omit section 86 (the regulator: fundamental objectives). |
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20 | Omit section 87 (the regulator: procedure). |
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21 | Omit section 88 (the regulator: conflict of interest). |
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22 | Omit section 89 (the regulator: committees). |
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23 | Omit section 90 (the regulator: delegation). |
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24 | Omit section 91 (the regulator: seal). |
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25 | Omit section 92 (the regulator: annual report). |
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26 | After that section insert— |
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“The regulator and the Regulation Committee |
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92A | Regulation functions of the HCA |
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(1) | In this Part “the regulator” means the HCA. |
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(2) | In any other enactment or instrument “the Regulator of Social |
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92B | The Regulation Committee |
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(1) | The HCA must establish a committee to be known as the Regulation |
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(2) | The functions conferred on the HCA as the regulator by virtue of this |
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Part, or as the Regulator of Social Housing by virtue of any other |
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enactment or instrument, are exercisable by the HCA acting through |
| |
the Regulation Committee. |
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(3) | Those functions are not exercisable by the HCA in any other way. |
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(4) | Subsections (2) and (3) are subject to any express provision to the |
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contrary in this Part or in the enactment or instrument in question. |
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(5) | References in this Part to the functions of the regulator are to the |
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functions mentioned in subsection (2). |
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(6) | References in any enactment or instrument to the social housing |
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functions of the HCA or the Regulator of Social Housing are to the |
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functions mentioned in subsection (2). |
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92C | Membership of the Regulation Committee |
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(1) | The Regulation Committee is to consist of— |
| |
(a) | a person appointed by the Secretary of State to chair the |
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Committee (“the chair”), and |
| |
(b) | not less than four and not more than six other members |
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appointed by the Secretary of State. |
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|
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|
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|
(2) | The chair of the Committee must not be a member of the HCA |
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immediately prior to the chair’s appointment as such, but becomes a |
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member of the HCA on appointment. |
| |
(3) | One other member of the Committee may be a member of the HCA. |
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(4) | The member within subsection (3) is referred to in this Part as the |
| |
| |
(5) | The remaining members of the Committee must be neither a member |
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nor a member of staff of the HCA. |
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(6) | A member within subsection (5) is referred to in this Part as an |
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(7) | The Secretary of State must consult the chair before appointing the |
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(8) | In appointing a person to be a member, the Secretary of State must |
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have regard to the desirability of appointing a person who has |
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experience of, and has shown some capacity in, a matter relevant to |
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the exercise of the functions of the regulator. |
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(9) | In appointing a person to be a member, the Secretary of State must |
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be satisfied that the person will have no financial or other interest |
| |
likely to affect prejudicially the exercise of the person’s functions as |
| |
| |
(10) | The Secretary of State may require any person whom the Secretary of |
| |
State proposes to appoint as a member to provide such information |
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as the Secretary of State considers necessary for the purposes of |
| |
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92D | Terms of appointment of members |
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(1) | A member of the Regulation Committee holds office in accordance |
| |
with the member’s terms of appointment. |
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(2) | A member may resign by serving notice on the Secretary of State. |
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(3) | A person ceases to be the chair if the person— |
| |
(a) | resigns that office by serving notice on the Secretary of State, |
| |
| |
(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 |
| |
| |
(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, |
| |
|
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|
| |
|
(b) | has become bankrupt or has made an arrangement with the |
| |
| |
(c) | the Secretary of State thinks has failed to comply with the |
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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. |
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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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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- |
| |
| |
(2) | A sub-committee may include persons who are not members of the |
| |
| |
(3) | The Secretary of State may require the HCA to pay such |
| |
remuneration and allowances as the Secretary of State may decide to |
| |
| |
(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. |
| |
|
| |
|
| |
|
(2) | Subject to subsection (1), a sub-committee may decide its own |
| |
| |
(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. |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
| |
(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, |
| |
| |
(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 |
| |
| |
(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. |
| |
|
| |
|