Localism Bill

Session 2010 - 11
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Localism Bill

Localism Bill
Part 6 — Housing
Chapter 6 — Other housing matters
132

(c)
one or more bodies appearing to the Secretary of State to
represent the interests of tenants, and
(d)
such other persons as the Secretary of State considers
appropriate.
      (3)
The Secretary of State’s power to make an order under sub-
5
paragraph (1) is exercisable by statutory instrument.
      (4)
A statutory instrument containing an order made by the Secretary of
State under sub-paragraph (1) is subject to annulment in pursuance
of a resolution of either House of Parliament.”
(2)
Section 239(2) of the Housing and Regeneration Act 2008 (regulator may award
10
compensation if compensation awarded by housing ombudsman has not been
paid) is omitted.
(3)
Subsection (1), so far as it inserts paragraph 7A of Schedule 2 to the Housing
Act 1996, applies only in relation to complaints made to a housing ombudsman
after the coming into force of that subsection so far as it makes that insertion.
15
(4)
Subsection (1), so far as it inserts paragraph 7C of that Schedule, applies only
in relation to determinations made after the coming into force of that
subsection so far as it makes that insertion.
(5)
Subsection (2) applies only in relation to determinations made after the coming
into force of that subsection.
20
154
Transfer of functions to housing ombudsman
(1)
In Schedule 5 to the Local Government Act 1974 (matters not subject to
investigation by a Local Commissioner)—
(a)
after paragraph 5 insert—
“5A
Action which—
25
(a)
is taken by or on behalf of a local authority in its
capacity as a registered provider of social housing,
and
(b)
is action in connection with its housing activities so
far as they relate to the provision or management of
30
social housing (and here “social housing” has the
same meaning as in Part 2 of the Housing and
Regeneration Act 2008).
5B
In the case of a local authority which is a registered provider
of social housing, action taken by or on behalf of the authority
35
in connection with the management of dwellings owned by
the authority and let on a long lease (and here “long lease”
has the meaning given by section 59(3) of the Landlord and
Tenant Act 1987).”, and
(b)
in paragraph 6 for the words from “not action” to the end substitute “—
40
(a)
action in connection with functions in relation to
social housing (and here “social housing” has the
same meaning as in Part 2 of the Housing and
Regeneration Act 2008), or
(b)
action in connection with functions in relation to
45
anything other than housing.”

Localism Bill
Part 6 — Housing
Chapter 6 — Other housing matters
133

(2)
The Housing Act 1996 is amended as follows.
(3)
In section 51(2) (investigation of complaints against social landlords) before
paragraph (a) insert—
“(za)
a local authority in England which is a registered provider of
social housing,”
5
(4)
In Schedule 2 (schemes for the investigation of housing complaints)—
(a)
in paragraph 1(1) after “social landlord” insert “, other than a local
housing authority,”,
(b)
after paragraph 1(1) insert—
   “(1A)
A social landlord which is a local housing authority must be
10
a member of an approved scheme covering, or more than one
scheme which together cover—
(a)
action which—
(i)
is taken by or on behalf of the authority in its
capacity as a registered provider of social
15
housing, and
(ii)
is action in connection with its housing
activities so far as they relate to the provision
or management of social housing (and here
“social housing” has the same meaning as in
20
Part 2 of the Housing and Regeneration Act
2008), and
(b)
action taken by or on behalf of the authority in
connection with the management of dwellings owned
by the authority and let on a long lease (and here
25
“long lease” has the meaning given by section 59(3) of
the Landlord and Tenant Act 1987).”, and
(c)
after paragraph 11(1) insert—
   “(1A)
If a change in the method of calculation under sub-paragraph
(1) would result in a member’s subscription being more than
30
it would otherwise be, the change may be made only if the
Secretary of State approves it.
     (1B)
An approved scheme’s total defrayable expenses for a period
may be more than the scheme’s total defrayable expenses for
the immediately-preceding corresponding period only if the
35
Secretary of State approves the increase.
     (1C)
In sub-paragraph (1A) “defrayable expenses”, in relation to a
scheme, means expenses of the scheme that are to be
defrayed by subscriptions from members of the scheme.”
(5)
The Secretary of State may, in consequence of the amendments made by this
40
section, make a scheme (“a transfer scheme”) transferring property, rights and
liabilities of the Commission for Local Administration in England to a person
administering a scheme approved under Schedule 2 to the Housing Act 1996.
(6)
The things that may be transferred under a transfer scheme include—
(a)
property, rights and liabilities that could not otherwise be transferred,
45
and
(b)
property acquired, and rights and liabilities arising, after the making of
the scheme.

Localism Bill
Part 6 — Housing
Chapter 6 — Other housing matters
134

(7)
A transfer scheme may make consequential, supplementary, incidental or
transitional provision and may in particular—
(a)
create rights, or impose liabilities, in relation to property or rights
transferred,
(b)
make provision about the continuing effect of things done by or in
5
relation to the transferor in respect of anything transferred,
(c)
make provision about the continuation of things (including legal
proceedings) in the process of being done by, on behalf of or in relation
to the transferor in respect of anything transferred,
(d)
make provision for references to the transferor in an instrument or
10
other document in respect of anything transferred to be treated as
references to the transferee,
(e)
make provision for the shared ownership or use of property, and
(f)
if the TUPE regulations do not apply in relation to the transfer, make
provision which is the same or similar.
15
(8)
A transfer scheme may provide—
(a)
for modification by agreement, and
(b)
for modifications to have effect from the date when the original scheme
came into effect.
(9)
In this section—
20
“TUPE regulations” means the Transfer of Undertakings (Protection of
Employment) Regulations 2006 (S.I. 2006/246),
references to rights and liabilities include rights and liabilities relating to
a contract of employment, and
references to the transfer of property include the grant of a lease.
25
(10)
Subsection (1) applies only in relation to complaints made to a Local
Commissioner after the coming into force of that subsection.
(11)
Subsection (3) or (4) applies only in relation to complaints made to a housing
ombudsman after the coming into force of that subsection.
155
Transfer of functions to housing ombudsman: supplementary
30
(1)
The Local Government Act 1974 is amended in accordance with subsections (2)
to (7).
(2)
In section 33 (consultation between Local Commissioners and other
Commissioners)—
(a)
in subsection (1) after paragraph (b) insert—
35
“(bza)
by a housing ombudsman under the Housing Act
1996,”,
(b)
in subsection (2) after “Parliamentary Commissioner,” insert “a
housing ombudsman,”,
(c)
after subsection (3) insert—
40
“(3A)
If at any stage in the course of conducting an investigation
under the Housing Act 1996, a housing ombudsman forms the
opinion that the complaint relates partly to a matter which
could be the subject of an investigation under this Part of the
Act, the ombudsman must consult with the appropriate Local
45
Commissioner about the complaint and, if the ombudsman

Localism Bill
Part 6 — Housing
Chapter 6 — Other housing matters
135

considers it necessary, inform the person initiating the
complaint of the steps necessary to initiate a complaint under
this Part of this Act.”,
(d)
in subsection (4) after “subsection (3)” insert “or (3A)”, and
(e)
in that subsection after “1967” insert “or under the Housing Act 1996”.
5
(3)
Section 33ZA (collaborative working between Local Commissioners and other
Commissioners) is amended as follows.
(4)
In subsection (1) (power to conduct joint investigations)—
(a)
in paragraph (c) for “both” substitute “a housing ombudsman”, and
(b)
for the words from “jointly” to the end substitute “jointly with any also-
10
involved ombudsman or jointly with any two or more also-involved
ombudsmen.”
(5)
After subsection (1) insert—
“(1A)
In subsection (1) “also-involved ombudsman” means a person within
subsection (1)(a), (b) or (c) who, in the opinion of the Local
15
Commissioner concerned, has jurisdiction in relation to a matter that is
included among the matters which are the subject of the Local
Commissioner’s investigation.”
(6)
In subsection (3) (power to conduct joint investigations)—
(a)
in paragraph (c) for “both” substitute “a housing ombudsman”, and
20
(b)
for the words “jointly” to the end substitute “jointly with a person
within paragraph (a), (b) or (c) who is investigating the complaint or
jointly with any two or more such persons.”
(7)
In section 34(1) (interpretation of Part 3) insert at the appropriate place—
““housing ombudsman” means a housing ombudsman under a
25
scheme approved under Schedule 2 to the Housing Act 1996,”.
(8)
In Schedule 2 to the Housing Act 1996 (housing ombudsman schemes) after
paragraph 10 insert—
“Collaborative working with Local Commissioners
10A   (1)
If at any stage in the course of conducting an investigation under this
30
Act a housing ombudsman forms the opinion that the complaint
relates partly to a matter within the jurisdiction of a Local
Commissioner, the ombudsman may, subject to sub-paragraph (2),
conduct an investigation under this Act jointly with that
Commissioner.
35
      (2)
A housing ombudsman must obtain the consent of the complainant
or the complainant’s representative before agreeing to a joint
investigation referred to in sub-paragraph (1).
      (3)
If a housing ombudsman forms the opinion that a complaint which
is being investigated by a Local Commissioner relates partly to a
40
matter within the jurisdiction of the ombudsman, the ombudsman
may conduct an investigation jointly with that Commissioner.
      (4)
If a housing ombudsman conducts an investigation jointly with a
Local Commissioner, the requirements of paragraph 7 may be
satisfied by a report made jointly with that person.
45

Localism Bill
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
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
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.
45