Localism Bill

Session 2010 - 11
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Other Bills before Parliament

Localism Bill

Localism Bill
Part 7 — London
Chapter 1 — Housing and regeneration functions
139

Social housing
333ZE
Social housing
(1)
Subject to subsection (2), sections 31 to 36 of the Housing and
Regeneration Act 2008 (social housing functions) apply in relation to
the Authority as they apply in relation to the Homes and Communities
5
Agency.
(2)
In those sections as applied by subsection (1)—
(a)
references to the Homes and Communities Agency are to be
read as references to the Authority,
(b)
the definition of “social housing assistance” in section 32(13) is
10
to be read as if the reference to financial assistance given under
section 19 of that Act were to financial assistance given by the
Authority,
(c)
section 34 is to be read as if subsection (1) were omitted, and
(d)
section 35(1) is to be read as if the reference to section 19 of the
15
Housing and Regeneration Act 2008 were omitted and as if the
reference in paragraph (b) to a dwelling in England outside
Greater London were to a dwelling in Greater London.
(3)
Sums received by the Authority in respect of repayments of grants
made by it for the purposes of social housing are to be used by it for
20
those purposes.
333ZF
Relationship with the Regulator of Social Housing: general
(1)
The Authority must, in the exercise of its housing and regeneration
functions, co-operate with the Regulator of Social Housing (referred to
in this Part as “the Regulator”).
25
(2)
In particular, the Authority must consult the Regulator on matters
likely to interest the Regulator in the exercise of its social housing
functions.
(3)
The Regulator must, in the exercise of its social housing functions, co-
operate with the Authority.
30
(4)
In particular, the Regulator must consult the Authority on matters
likely to interest the Authority in the exercise of its housing and
regeneration functions.
333ZG
Relationship with the Regulator of Social Housing: directions
(1)
The Regulator may direct the Authority not to give financial assistance
35
in connection with social housing to a specified registered provider of
social housing .
(2)
A direction may be given if—
(a)
the Regulator has decided to hold an inquiry into affairs of the
registered provider of social housing under section 206 of the
40
Housing and Regeneration Act 2008 (and the inquiry is not
concluded),
(b)
the Regulator has received notice in respect of the registered
provider of social housing under section 145 of that Act, or

Localism Bill
Part 7 — London
Chapter 1 — Housing and regeneration functions
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(c)
the Regulator has appointed an officer of the registered
provider of social housing under section 269 of that Act (and the
person appointed has not vacated office).
(3)
A direction may prohibit the Authority from giving assistance of a
specified kind (whether or not in pursuance of a decision already taken
5
and communicated to the registered provider of social housing).
(4)
A direction may not prohibit grants to a registered provider of social
housing in respect of discounts given by the provider on disposals of
dwellings to tenants.
(5)
A direction has effect until withdrawn.
10
(6)
In this section the following terms have the same meaning as in Part 2
of the Housing and Regeneration Act 2008—
“disposal” (see section 273 of that Act);
“dwelling” (see section 275 of that Act);
“tenant” (see section 275 of that Act).
15
333ZH
Relationship with the Regulator of Social Housing: further
provisions
(1)
Subsection (2) applies if the Authority is proposing to give financial
assistance on condition that the recipient provides low cost home
ownership accommodation.
20
(2)
The Authority must consult the Regulator about the proposals.
(3)
The Authority must notify the Regulator at least 14 days before
exercising, in relation to a registered provider of social housing, any of
the powers conferred by section 32(2) to (4) of the Housing and
Regeneration Act 2008 (recovery etc of social housing assistance).
25
(4)
The Authority must consult the Regulator before making a general
determination under section 32 or 33 of the Housing and Regeneration
Act 2008.
(5)
For the purposes of this section a person provides low cost home
ownership accommodation if (and only if) the person acquires,
30
constructs or converts any housing or other land for use as low cost
home ownership accommodation or ensures such acquisition,
construction or conversion by another.
(6)
In this section “low cost home ownership accommodation” has the
meaning given by section 70 of the Housing and Regeneration Act 2008.
35
Exercise of functions in relation to certain property etc
333ZI
Exercise of functions by the Authority in relation to certain property
etc
(1)
The Authority may do in relation to any property, rights or liabilities,
or any undertaking, to which this section applies anything that the
40
Commission for the New Towns or (as the case may be) an urban
development corporation could do in relation to the property, rights or
liabilities or the undertaking.
(2)
This section applies to—

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Part 7 — London
Chapter 1 — Housing and regeneration functions
141

(a)
any property, rights or liabilities that—
(i)
have been or are to be transferred to the Authority from
the Homes and Communities Agency by virtue of
section 161 of the Localism Act 2011, and
(ii)
were transferred to the Homes and Communities
5
Agency from the Commission for the New Towns by
virtue of section 51 of and Schedule 6 to the Housing and
Regeneration Act 2008,
(b)
an undertaking, or part of an undertaking, of an urban
development corporation that has been or is to be transferred to
10
the Authority by virtue of an agreement under section 165 of the
Local Government, Planning and Land Act 1980,
(c)
any property, rights or liabilities of an urban development
corporation that have been or are to be transferred to the
Authority by virtue of an order under section 165B of the Local
15
Government, Planning and Land Act 1980, and
(d)
any property, rights or liabilities that—
(i)
have been or are to be transferred to the Authority from
the Homes and Communities Agency by virtue of
section 161 of the Localism Act 2011, and
20
(ii)
were transferred to the Homes and Communities
Agency from an urban development corporation by
virtue of an order under section 165B of the Local
Government, Planning and Land Act 1980.
(3)
In any enactment (whenever passed or made) references to the
25
Authority’s new towns and urban development functions means its
functions in relation to any property, rights or liabilities, or any
undertaking, to which this section applies (whether exercisable by
virtue of this section or otherwise).
(4)
In subsection (4) “enactment” includes an enactment comprised in
30
subordinate legislation (within the meaning of the Interpretation Act
1978).
Grants for housing and regeneration purposes
333ZJ
Grants to the Authority for housing and regeneration purposes
(1)
The Secretary of State may pay to the Authority grants of such amounts
35
as the Secretary of State may, with the Treasury’s consent, determine in
respect of the exercise of the Authority’s functions relating to housing
and regeneration.
(2)
A grant under this section may be paid at such times, or in such
instalments at such times, as the Secretary of State may, with the
40
Treasury’s consent, determine.
(3)
A grant under this section may be made subject to such conditions as
the Secretary of State may determine.
(4)
Conditions under subsection (3) may, in particular, include—
(a)
provision as to the use of the grant;
45
(b)
provision as to the use of any funds generated by activities
funded by the grant;

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Part 7 — London
Chapter 1 — Housing and regeneration functions
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(c)
provision as to the circumstances in which the whole or part of
the grant must be repaid.”
(4)
After section 333D insert—
“Interpretation
333E
Interpretation of Part 7A
5
In this Part—
“building” means a building or other structure (including a house-
boat or caravan);
“caravan” has the meaning given by section 29(1) of the Caravan
Sites and Control of Development Act 1960;
10
“housing” means a building, or part of a building, occupied or
intended to be occupied as a dwelling or as more than one
dwelling; and includes a hostel which provides temporary
residential accommodation;
“land” includes housing or other buildings (and see also the
15
definition in Schedule 1 to the Interpretation Act 1978);
“the Regulator” has the meaning given by section 333ZF(1);
“social housing” (except as part of the expression “social housing
functions”) has the same meaning as in Part 2 of the Housing
and Regeneration Act 2008 (see section 68 of that Act).”
20
159
The London housing strategy
(1)
Before section 333A of the Greater London Authority Act 1999 (the London
housing strategy) insert—
“The London housing strategy”.
(2)
That section is amended as follows.
25
(3)
In subsection (2)(d) for “recommendations” substitute “proposals”.
(4)
In subsection (3)—
(a)
in the opening words for “recommendations” substitute “proposals”,
(b)
in paragraph (a) for “Homes and Communities Agency” substitute
“Authority”, and
30
(c)
for paragraph (b) substitute—
“(b)
proposals as to the exercise by the Authority of its
functions of giving housing financial assistance (see
subsection (4) below);”.
(5)
For subsection (4) substitute—
35
“(4)
Proposals under subsection (3)(b) above may include—
(a)
proposals as to the amount of housing financial assistance to be
given for different activities or purposes;
(b)
proposals as to the number, type and location of houses to be
provided by means of housing financial assistance.”
40
(6)
In subsection (10) in the definition of “housing financial assistance” for the
words from “under” to “2008” substitute “by the Authority”.

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Part 7 — London
Chapter 1 — Housing and regeneration functions
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(7)
Section 333D (duties of Homes and Communities Agency) is amended as
follows.
(8)
In the heading for “Homes and Communities Agency” substitute “the
Authority”.
(9)
In subsection (1) for the words from “Greater London” to “Agency” substitute
5
“housing or regeneration, the Authority”.
160
Modification to the Homes and Communities Agency’s functions
(1)
The Housing and Regeneration Act 2008 is amended as follows.
(2)
In section 2(2) (objects of the Homes and Communities Agency) before the
definition of “good design” insert—
10
““England” does not include Greater London;”.
(3)
Section 13 (power of Secretary of State to make designation orders) is amended
as follows.
(4)
In subsection (1) after “England” insert “outside Greater London”.
(5)
In subsection (6)—
15
(a)
after “England” insert “or”, and
(b)
omit the words from “, a London” to the end of the subsection.
(6)
In section 14(7) (content of designation orders) in paragraph (a) of the
definition of “relevant functions” omit the words from “, a London” to “of
London,”.
20
(7)
In section 26(2) (duty to act as agent in respect of regeneration and
development) after “England” insert “outside Greater London”.
(8)
In section 35(1)(b) (duty to give financial assistance in respect of certain
disposals) after “England” insert “outside Greater London”.
161
Transfer of property of Homes and Communities Agency etc
25
(1)
The Secretary of State may at any time make a scheme (a “transfer scheme”)
transferring the property, rights and liabilities of the Homes and Communities
Agency (“the HCA”) or the Secretary of State that are specified in the scheme
to—
(a)
the Greater London Authority,
30
(b)
a functional body,
(c)
the Secretary of State,
(d)
a London borough council, or
(e)
the Common Council of the City of London.
(2)
The Secretary of State may by order specify another person, or a description of
35
other persons, to whom property, rights or liabilities of the HCA or the
Secretary of State may be transferred by a transfer scheme.
(3)
In this section—
“functional body” has the meaning given by section 424(1) of the Greater
London Authority Act 1999;
40
“rights” and “liabilities” include rights, or (as the case may be) liabilities,
in relation to a contract of employment.