|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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— |
| |
| 25 |
(a) | is taken by or on behalf of a local authority in its |
| |
capacity as a registered provider of social housing, |
| |
| |
(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 |
| |
| |
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 |
| |
| |
(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.” |
| |
|
| |
|
| |
|
(2) | The Housing Act 1996 is amended as follows. |
| |
(3) | In section 51(2) (investigation of complaints against social landlords) before |
| |
| |
“(za) | a local authority in England which is a registered provider of |
| |
| 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 |
| |
| |
(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— |
| |
| |
(i) | is taken by or on behalf of the authority in its |
| |
capacity as a registered provider of social |
| 15 |
| |
(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 |
| |
| |
(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 |
| |
(b) | property acquired, and rights and liabilities arising, after the making of |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
| 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) |
| |
| |
(2) | In section 33 (consultation between Local Commissioners and other |
| |
| |
(a) | in subsection (1) after paragraph (b) insert— |
| 35 |
“(bza) | by a housing ombudsman under the Housing Act |
| |
| |
(b) | in subsection (2) after “Parliamentary Commissioner,” insert “a |
| |
| |
(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 |
| |
|
| |
|
| |
|
considers it necessary, inform the person initiating the |
| |
complaint of the steps necessary to initiate a complaint under |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
“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 |
| |
| 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 |
|
| |
|
| |
|
(5) | A joint report made under this paragraph must distinguish |
| |
determinations of a housing ombudsman from other findings or |
| |
| |
| |
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. |
| |
| |
| |
| 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 |
| |
| |
(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 |
| |
| |
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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
| |
“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 |
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
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 |
| |
| |
(c) | references to Part 1 of that Act are to be read as references to this |
| |
| 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— |
| |
| |
(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 |
| |
| 45 |
|
| |
|