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

 
 

 
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Revised 11 March 2011