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Localism Bill


Localism Bill (Volume II)
Schedule 19 — Housing and regeneration: consequential amendments

356

 

Schedule 19

Section 166

 

Housing and regeneration: consequential amendments

Land Compensation Act 1961 (c. 33)

1          

In section 23(3) of the Land Compensation Act 1961 (compensation where

planning decision made after acquisition) for the “or” at the end of

paragraph (c) substitute—

“(ca)   

under Part 7A of the Greater London Authority Act 1999

(acquisition by Greater London Authority for housing or

regeneration purposes); or”.

Public Health Act 1961 (c. 64)

2          

In Schedule 4 to the Public Health Act 1961 (attachment of street lighting

equipment to certain buildings) in the entry for a building owned by a

development corporation established under the New Towns Act 1946 etc at

the end insert “or the Greater London Authority so far as exercising its new

towns and urban development functions.”

Leasehold Reform Act 1967 (c. 88)

3          

In section 37(1)(ba)(i) of the Leasehold Reform Act 1967 (definition of “new

towns residuary body”) after “2008” insert “or the Greater London Authority

so far as exercising its new towns and urban development functions”.

Land Compensation Act 1973 (c. 26)

4          

In section 39(9)(b)(i) of the Land Compensation Act 1973 (definition of “new

towns residuary body”) after “2008” insert “or the Greater London Authority

so far as exercising its new towns and urban development functions”.

Rent (Agriculture) Act 1976 (c. 80)

5          

In section 5(3A) of the Rent (Agriculture) Act 1976 (definition of “English

new towns residuary body”) after “2008” insert “or the Greater London

Authority so far as exercising its new towns and urban development

functions”.

Rent Act 1977 (c. 42)

6          

In section 14(2) of the Rent Act 1977 (definition of “English new towns

residuary body”) after “2008” insert “or the Greater London Authority so far

as exercising its new towns and urban development functions”.

Protection from Eviction Act 1977 (c. 43)

7          

In section 3A(8A)(a) of the Protection from Eviction Act 1977 (definition of

“new towns residuary body”) after “2008” insert “or the Greater London

Authority so far as exercising its new towns and urban development

functions”.

 
 

Localism Bill (Volume II)
Schedule 19 — Housing and regeneration: consequential amendments

357

 

Local Government, Planning and Land Act 1980 (c. 65)

8          

In section 93(1A) of the Local Government, Planning and Land Act 1980

(application of sections 95 to 96A to the Homes and Communities Agency)

after “2008” insert “and to the Greater London Authority so far as it is

exercising its new towns and urban development functions”

Highways Act 1980 (c. 66)

9          

In section 219(4B)(a) (definition of “new towns residuary body”) after “2008”

insert “or the Greater London Authority so far as exercising its new towns

and urban development functions”.

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

10         

In Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982

(street trading) in paragraph 2(5A)(a) (definition of “new towns residuary

body”) after “2008” insert “or the Greater London Authority so far as

exercising its new towns and urban development functions”.

Housing Act 1985 (c. 68)

11         

The Housing Act 1985 is amended as follows.

12         

In section 4(1)(g)(i) (definition of “new towns residuary body”) after “2008”

insert “or the Greater London Authority so far as exercising its new towns

and urban development functions”.

13         

In section 45(2) (restrictions on service charges payable after disposal of

lease: disposals to which restrictions apply) in the definition of “public

sector authority” after the entry for the Homes and Communities Agency

insert—

“the Greater London Authority so far as exercising its housing

or regeneration functions,”.

14    (1)  

Section 80 (secure tenancies: the landlord condition) is amended as follows.

      (2)  

In subsection (1) after “the Homes and Communities Agency” insert “, the

Greater London Authority”.

      (3)  

In subsection (2A) for the “or” at the end of paragraph (a) insert—

“(aa)   

the Greater London Authority as mentioned in section

333ZI(2)(a) to (d) of the Greater London Authority Act 1999,

or”.

      (4)  

In subsection (2B)—

(a)   

after “Agency” insert “, the Greater London Authority”, and

(b)   

after “(2A)(a)” insert “, (aa)”.

      (5)  

In subsection (2C) after “Agency” in both places insert “, the Greater London

Authority”.

      (6)  

In subsection (2D) after “Agency” in both places insert “, the Greater London

Authority”.

      (7)  

In subsection (2E) after “Agency” insert “, the Greater London Authority”.

      (8)  

In subsection (5)—

 
 

Localism Bill (Volume II)
Schedule 19 — Housing and regeneration: consequential amendments

358

 

(a)   

after the first “Agency” insert “, to the Greater London Authority”,

and

(b)   

after the second “Agency” insert “, the Greater London Authority”.

15         

In section 151B (right to buy: mortgage for securing redemption of

landlord’s share) after subsection (5A) insert—

“(5B)   

In subsection (5) “the Relevant Authority” also includes the Greater

London Authority.”

16         

In section 156 (right to buy: liability to repay to be a charge on the premises)

after subsection (4ZA) insert—

“(4ZB)   

In subsection (4) “the Relevant Authority” also includes the Greater

London Authority.”

17    (1)  

Section 450A (right to a loan in respect of service charges after exercise of

right to buy) is amended as follows.

      (2)  

In subsection (5A) after “6A(4)” insert “and in the case of a property outside

Greater London”.

      (3)  

After that subsection insert—

“(5B)   

In subsection (4)(a) “the Relevant Authority”, in relation to a housing

association falling within section 6A(4) and in the case of a property

in Greater London, means the Greater London Authority.”

18         

In section 450B(1)(a) (power to make loans in other cases) after “Agency”

insert “or the Greater London Authority”.

19         

In section 453(1)(b) (further advances in case of disposal on shared

ownership lease) after “Agency” insert “or the Greater London Authority”.

20         

In section 458(1) (loans for acquisition or improvement of housing: minor

definitions) in the definition of “housing authority” after “Agency,” insert

“the Greater London Authority,”.

21         

In Schedule 4 (qualifying period for right to buy and discount) in paragraph

7B for the “or” at the end of paragraph (a) substitute—

“(aa)   

the Greater London Authority, or”.

22         

In Schedule 5 (exceptions to the right to buy) in paragraph 3—

(a)   

in the entry in the list for section 19 of the Housing and Regeneration

Act 2008 omit the words from “(and” to “Act)”, and

(b)   

after the end of that entry (but not as an entry in that list) insert—

           

“or a grant from the Greater London Authority which was

a grant made on condition that the housing association

provides social housing.

           

In this paragraph “provides social housing” has the same

meaning as in Part 1 of the Housing and Regeneration Act

2008.”

Landlord and Tenant Act 1985 (c. 70)

23         

In section 38 of the Landlord and Tenant Act 1985 (minor definitions) in the

definition of “new town corporation” for the “or” at the end of paragraph (b)

 
 

Localism Bill (Volume II)
Schedule 19 — Housing and regeneration: consequential amendments

359

 

substitute—

“(ba)   

the Greater London Authority so far as exercising its new

towns and urban development functions, or”.

Landlord and Tenant Act 1987 (c. 31)

24         

In section 58(1) of the Landlord and Tenant Act 1987 (exempt landlords)

after paragraph (df) insert—

“(dg)   

the Greater London Authority so far as exercising its new

towns and urban development functions;”.

Income and Corporation Taxes Act 1988 (c. 1)

25         

In section 376(4) of the Income and Corporation Taxes Act 1988 (qualifying

lenders) after paragraph (j) insert—

“(ja)   

the Greater London Authority so far as exercising its housing

or regeneration functions,;”.

Housing Act 1988 (c. 50)

26         

The Housing Act 1988 is amended as follows.

27         

In section 35(4)(ba) (tenancies which are secure tenancies) after “Agency”

insert “, the Greater London Authority”.

28         

In section 38(5A)(b)(i) (definition of “new towns residuary body”) after

“2008” insert “or the Greater London Authority so far as exercising its new

towns and urban development functions”.

29         

In section 52(9A) (recovery of grants: interpretation) in the definition of “the

appropriate authority”—

(a)   

in paragraph (a) after “association” insert “and property outside

Greater London”, and

(b)   

for the “and” at the end of that paragraph substitute—

“(aa)   

in relation to an English relevant housing association

and property in Greater London, means the Greater

London Authority, and”.

Water Industry Act 1991 (c. 56)

30         

In section 219(1) of the Water Industry Act 1991 (general interpretation) in

the definition of “new towns residuary body” after after “2008” insert “or the

Greater London Authority so far as exercising its new towns and urban

development functions”.

Water Resources Act 1991 (c. 57)

31         

In section 72(2A) of the Water Resources Act 1991 (definition of “new towns

residuary body”) after “2008” insert “or the Greater London Authority so far

as exercising its new towns and urban development functions”.

Social Security Administration Act 1992 (c. 5)

32         

In section 191 of the Social Security Administration Act 1992 (general

interpretation) in paragraph (a) of the definition of “new town corporation”

 
 

Localism Bill (Volume II)
Schedule 19 — Housing and regeneration: consequential amendments

360

 

at the end of sub-paragraph (ii) insert “; or

(iii)   

the Greater London Authority so far as exercising its

new towns and urban development functions;”.

Taxation of Chargeable Gains Act 1992 (c. 12)

33         

In section 219(1)(d) of the Taxation of Chargeable Gains Act 1992 (disposals

by housing related bodies) in paragraph (d) for “or the Homes and

Communities Agency” substitute “, the Homes and Communities Agency or

the Greater London Authority.”

Housing Act 1996 (c. 52)

34         

The Housing Act 1996 is amended as follows.

35    (1)  

Section 51 (schemes for investigation of complaints against social landlords)

is amended as follows.

      (2)  

In subsection (3)(a)—

(a)   

in the entry in the list for section 19 of the Housing and Regeneration

Act 2008 omit the words from “(and” to “Act)”, and

(b)   

at the end of the entry in the list for section 50 of the Housing Act

1988 etc (but not as an entry in that list) insert—

           

“or a grant from the Greater London Authority which was

a grant made on condition that the housing association

provides social housing; or”.

      (3)  

After that subsection insert—

“(3A)   

In subsection (3) “provides social housing” has the same meaning as

in Part 1 of the Housing and Regeneration Act 2008.”

36         

In section 219(4)(a) (directions as to charges by social landlords: meaning of

social landlord) after “Agency,” insert “the Greater London Authority,”.

Finance Act 2003 (c. 14)

37         

The Finance Act 2003 is amended as follows.

38         

In section 71(4) (stamp duty land tax: reliefs for acquisitions by registered

social landlords) after paragraph (ca) insert—

“(cb)   

made or given by the Greater London Authority,”.

39    (1)  

Schedule 9 (stamp duty land tax: rights to buy, shared ownership leases etc)

is amended as follows.

      (2)  

In paragraph 1—

(a)   

in sub-paragraph (3) after the entry relating to the Homes and

Communities Agency insert—

“The Greater London Authority so far as exercising its

new towns and and urban development functions”,

and

(b)   

after sub-paragraph (6) insert—

    “(7)  

A grant by the Greater London Authority which—

 
 

Localism Bill (Volume II)
Schedule 19 — Housing and regeneration: consequential amendments

361

 

(a)   

is made by virtue of section 35 of the Housing and

Regeneration Act 2008 as applied by section 333ZE

of the Greater London Authority Act 1999, or

(b)   

is otherwise made to a relevant provider of social

housing (within the meaning of section 35 of the

Housing and Regeneration Act 2008) in respect of

discounts given by the provider on disposals of

dwellings to tenants,

           

does not count as part of the chargeable consideration for

a right to buy transaction to which the vendor is a relevant

provider of social housing.”

      (3)  

In paragraph 5—

(a)   

in sub-paragraph (2) after paragraph (e) insert—

“(ea)   

the Greater London Authority so far as exercising its

new towns and and urban development functions;”,

and

(b)   

in sub-paragraph (2A)—

(i)   

after “financial assistance” insert “made or given”, and

(ii)   

after “2008” insert “or by the Greater London Authority”.

      (4)  

In paragraph 7(8)—

(a)   

after “financial assistance” insert “made or given”, and

(b)   

after “2008” insert “or by the Greater London Authority”.

Finance Act 2004 (c. 12)

40    (1)  

Section 59 of the Finance Act 2004 (construction industry scheme:

contractors) is amended as follows.

      (2)  

In subsection (1) after paragraph (f) insert—

“(fa)   

the Greater London Authority in the exercise of its functions

relating to housing or regeneration;”.

      (3)  

In subsection (2) for “(f)” substitute “(fa)”.

National Health Service Act 2006 (c. 41)

41         

The National Health Service Act 2006 is amended as follows.

42         

In section 256(2) (bodies to which PCTs may make payments in connection

with provision of housing accommodation) after paragraph (ba) insert—

“(bb)   

the Greater London Authority,”.

43         

In section 268(3) (bodies with whom arrangements may be made for

provision of accommodation to persons displaced by health service

development) after paragraph (d) insert—

“(da)   

the Greater London Authority,”.

Housing and Regeneration Act 2008 (c. 17)

44         

The Housing and Regeneration Act 2008 is amended as follows.

45         

In section 112(4) (duty to consult before setting criteria for voluntary

 
 

Localism Bill (Volume II)
Schedule 19 — Housing and regeneration: consequential amendments

362

 

registration) before paragraph (b) insert—

“(aa)   

the Greater London Authority,”.

46         

In section 145 (moratorium) before the table insert—

“(5)   

Where the private registered provider owns land in Greater London,

the regulator shall give the Greater London Authority a copy of any

notice received under this section.”

47    (1)  

Section 146 (duration of moratorium) is amended as follows.

      (2)  

After subsection (4) insert—

“(4A)   

If the regulator extends a moratorium in respect of a private

registered provider who owns land in Greater London, the regulator

shall also notify the Greater London Authority.”

      (3)  

Before subsection (9) insert—

“(8A)   

When a moratorium in respect of a private registered provider who

owns land in Greater London ends, the regulator shall also give

notice to the Greater London Authority.”

48         

In section 147 (further moratorium) after subsection (4) insert—

“(4A)   

If the regulator imposes a new moratorium in respect of a private

registered provider who owns land in Greater London, the regulator

shall also notify the Greater London Authority.”

49         

In section 174(5) (procedure for consent to disposal of social housing) before

paragraph (b) insert—

“(aa)   

the Greater London Authority,”.

50         

In section 178(3) (private registered provider’s use of proceeds from

disposals) for the words from “to the HCA” to the end substitute “—

(a)   

in the case of sums representing net disposal proceeds

relating to property outside Greater London, to the HCA, and

(b)   

in the case of of sums representing net disposal proceeds

relating to property in Greater London, to the Greater

London Authority.”

51         

In section 196(1) (consultation on standards and codes of practice) after

paragraph (e) insert—

“(ea)   

the Greater London Authority,”.

52         

In section 197(4) (direction by Secretary of State) after paragraph (a) insert—

“(aa)   

the Greater London Authority,”.

53         

In section 216 (consultation on use of intervention powers) after paragraph

(b) insert—

“(ba)   

the Greater London Authority,”.

54         

In section 222 (notification of use of enforcement notice) before paragraph

(b) insert—

“(aa)   

in the case of an enforcement notice given to registered

provider who owns land in Greater London, the Greater

London Authority, and”.

 
 

 
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