Localism Bill

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Localism Bill

Localism Bill
Schedule 15 — Abolition of Housing Revenue Account subsidy in England
336

(a)
in sub-paragraph (i) for “appropriate person” in both places
substitute “Welsh Ministers”, and
(b)
in sub-paragraph (ii)—
(i)
for “appropriate person’s” substitute “Welsh Ministers’”, and
(ii)
for “appropriate person” substitute “Welsh Ministers”.
5
      (4)
In subsection (3)—
(a)
in the opening words for “appropriate person” substitute “Welsh
Ministers”,
(b)
in the opening words for “he considers” substitute “they consider”,
(c)
in paragraph (b) for “appropriate person” substitute “Welsh
10
Ministers”, and
(d)
in paragraph (c) for “he thinks” substitute “the Welsh Ministers
think”.
      (5)
In subsection (4)—
(a)
in the opening words for “(or each authority in England or in Wales)”
15
substitute “in Wales”,
(b)
in paragraph (a)—
(i)
for the “appropriate person considers” substitute “Welsh
Ministers consider”, and
(ii)
for “(or all of the authorities in England or Wales)” substitute
20
“in Wales”, and
(c)
in paragraph (b)—
(i)
for “them” substitute “the authorities”,
(ii)
for the “appropriate person considers” substitute “Welsh
Ministers consider”,
25
(iii)
for “he thinks” substitute “the Welsh Ministers think”,
(iv)
for “their” substitute “the authorities’”, and
(v)
for “they” substitute “the authorities”.
      (6)
In subsection (5) for “appropriate person’s” substitute “Welsh Ministers’”.
      (7)
In subsection (6)—
30
(a)
for “appropriate person” substitute “Welsh Ministers”,
(b)
for “him” substitute “them”, and
(c)
for “he thinks” substitute “they think”.
4     (1)
Section 80ZA (negative amounts of subsidy payable to appropriate person)
is amended as follows.
35
      (2)
In the heading for “appropriate person” substitute “Welsh Ministers”.
      (3)
In subsection (1)(b) for “appropriate person” substitute “Welsh Ministers”.
      (4)
In subsection (2)—
(a)
for “appropriate person” substitute “Welsh Ministers”,
(b)
for “him” substitute “them”, and
40
(c)
for “he” substitute “they”.
      (5)
In subsection (3) for “appropriate person” substitute “Welsh Ministers”.
      (6)
In subsection (4)—
(a)
for “appropriate person” substitute “Welsh Ministers”,

Localism Bill
Schedule 15 — Abolition of Housing Revenue Account subsidy in England
337

(b)
for “he” substitute “the Welsh Ministers”, and
(c)
for “him” substitute “the Welsh Ministers”.
      (7)
In subsection (5)—
(a)
for “appropriate person” substitute “Welsh Ministers”, and
(b)
for “him” in both places substitute “the Welsh Ministers”.
5
5     (1)
Section 80A (final decision on amount of Housing Revenue Account
subsidy) is amended as follows.
      (2)
In subsection (1)—
(a)
after first “authority” insert “in Wales”,
(b)
for “Secretary of State” substitute “Welsh Ministers”,
10
(c)
for “he thinks” substitute “they think”, and
(d)
for “his” substitute “their”.
      (3)
In subsection (1A) for “Secretary of State” substitute “Welsh Ministers”.
      (4)
In subsection (1B)—
(a)
in paragraph (a) for “Secretary of State” substitute “Welsh
15
Ministers”,
(b)
in paragraph (c) for “Secretary of State has” substitute “Welsh
Ministers have”, and
(c)
in paragraph (d) for “Secretary of State” substitute “Welsh
Ministers”.
20
      (5)
In subsection (1C) for “Secretary of State” in both places substitute “Welsh
Ministers”.
      (6)
In subsection (1D) for “Secretary of State” in both places substitute “Welsh
Ministers”.
      (7)
In subsection (4)—
25
(a)
for “Secretary of State” substitute “Welsh Ministers”, and
(b)
for “he thinks” substitute “they think”.
      (8)
In subsection (5) for “Secretary of State” substitute “Welsh Ministers”.
6     (1)
Section 80B (agreements to exclude certain authorities or property) is
amended as follows.
30
      (2)
In subsection (1) for “appropriate person” substitute “Welsh Ministers”.
      (3)
In subsection (3)—
(a)
in paragraph (b) for “appropriate person” in both places substitute
“Welsh Ministers”, and
(b)
in paragraph (e) for “appropriate person” substitute “Welsh
35
Ministers”.
      (4)
In subsection (4) for “appropriate person” substitute “Welsh Ministers”.
7
Omit sections 82 to 84 (residual debt subsidy and housing subsidy for year
1989-90).
8     (1)
Section 85 (power to obtain information) is amended as follows.
40
      (2)
In subsection (1)—
(a)
after “authority” in both places insert “in Wales”,

Localism Bill
Schedule 16 — Transfer of functions from the Office for Tenants and Social Landlords to the Homes and Communities Agency
Part 1 — Amendments to the Housing and Regeneration Act 2008
338

(b)
for “Secretary of State” in both places substitute “Welsh Ministers”,
(c)
for “he” substitute “the Welsh Ministers”,
(d)
for “his” substitute “their”, and
(e)
omit “or 83”.
      (3)
In subsection (2)—
5
(a)
for “Secretary of State” substitute “Welsh Ministers”,
(b)
for “him” substitute “them”, and
(c)
for “he” substitute “they”.
      (4)
In subsection (3)—
(a)
for “Secretary of State” substitute “Welsh Ministers”,
10
(b)
for the first “he” substitute “the Welsh Ministers”,
(c)
for “his” substitute “their”,
(d)
omit “or 83”, and
(e)
for “he sees” substitute “they see”.
9
In section 86(1) (recoupment of subsidy in certain cases)—
15
(a)
omit “or residual debt subsidy”,
(b)
for “Secretary of State” substitute “Welsh Ministers”,
(c)
for “him” substitute “them”, and
(d)
for “he” in each place substitute “they”.
10    (1)
Section 88 (construction and application of Part 6) is amended as follows.
20
      (2)
Omit subsection (2).
      (3)
In subsection (3) omit “Subject to subsection (2) above,”.
      (4)
Omit subsections (4) and (5).
11    (1)
Schedule 4 (the keeping of the Housing Revenue Account) is amended as
follows.
25
      (2)
In Part 2 (debits to the account) in Item 5 (sums payable under section 80ZA)
for “the Secretary of State, or the National Assembly for Wales,” substitute
“the Welsh Ministers”.
      (3)
In Part 3 (special cases) in paragraph 2(1) (credit balance where no HRA
subsidy payable) after “authority” insert “in Wales”.
30
Schedule 16
Section 150

Transfer of functions from the Office for Tenants and Social Landlords to
the Homes and Communities Agency
Part 1
Amendments to the Housing and Regeneration Act 2008
35
1
The Housing and Regeneration Act 2008 is amended as follows.

Localism Bill
Schedule 16 — Transfer of functions from the Office for Tenants and Social Landlords to the Homes and Communities Agency
Part 1 — Amendments to the Housing and Regeneration Act 2008
339

2
In section 2 (the HCA: objects) after subsection (1) insert—
“(1A)
It is also an object of the HCA to facilitate the exercise through its
Regulation Committee of the functions conferred on the HCA—
(a)
as the regulator by virtue of Part 2 (regulation of social
housing), or
5
(b)
as the Regulator of Social Housing by virtue of any other
enactment or instrument.”
3
In section 4 (powers of the HCA: general) in subsection (6) for the “and” at
the end of paragraph (a) substitute—
“(aa)
subsections (2) to (5) do not apply to the powers conferred on
10
the HCA—
(i)
as the regulator by virtue of Part 2 (but see section 92I
(exercise of functions)), or
(ii)
as the Regulator of Social Housing by virtue of any
other enactment or instrument, and”.
15
4     (1)
Section 31 (duties in relation to social housing) is amended as follows.
      (2)
Omit subsections (9) and (10).
      (3)
In subsection (11) omit—
(a)
“or low cost home ownership accommodation”, and
(b)
“or (as the case may be) low cost home ownership accommodation”.
20
      (4)
In subsection (12) omit the definition of “low cost home ownership
accommodation”.
5
In section 32 (recovery etc of social housing assistance) omit subsection (11).
6
In section 34(2) (determinations under sections 32 and 33)—
(a)
omit paragraph (a), and
25
(b)
in paragraph (b) omit “other”.
7
Omit section 37 (duty to co-operate with Regulator of Social Housing).
8     (1)
Section 42 (agency arrangements with UDCs) is amended as follows.
      (2)
In subsection (2)(a) after “Chapter 3” insert “or the functions to which
subsection (2A) applies”.
30
      (3)
After that subsection insert—
“(2A)
The functions to which this subsection applies are the functions
conferred on the HCA—
(a)
as the regulator by virtue of Part 2, or
(b)
as the Regulator of Social Housing by virtue of any other
35
enactment or instrument.”
9
In section 46 (guidance by the Secretary of State) after subsection (7) insert—
“(8)
This section does not apply to the functions conferred on the HCA—
(a)
as the regulator by virtue of Part 2, or
(b)
as the Regulator of Social Housing by virtue of any other
40
enactment or instrument.”

Localism Bill
Schedule 16 — Transfer of functions from the Office for Tenants and Social Landlords to the Homes and Communities Agency
Part 1 — Amendments to the Housing and Regeneration Act 2008
340

10
In section 47 (directions by the Secretary of State) after subsection (6) insert—
“(7)
This section does not apply to the functions conferred on the HCA—
(a)
as the regulator by virtue of Part 2, or
(b)
as the Regulator of Social Housing by virtue of any other
enactment or instrument.”
5
11
In the Table in section 58 (Part 1: index of defined expressions) in the entry
for “Regulator of Social Housing” for “Section 81(2)(a)” substitute “Section
92A(2)”.
12
In the Table in section 60(4) (structural overview of Part 2) for the entry
relating to Chapter 2 substitute—
10

“2
92A to
The Social
(a)
The regulator and

109
Housing
the Regulation

Regulator
Committee

(b)
Fundamental

objectives

15

(c)
Powers

(d)
Money

(e)
Information”

13
Omit section 78 (the Regulator of Social Housing).
14
Omit section 81 (the regulator: establishment).
20
15
Omit section 82 (the regulator: membership).
16
Omit section 83 (the regulator: tenure of office of members).
17
Omit section 84 (the regulator: chief executive).
18
Omit section 85 (the regulator: other staff).
19
Omit section 86 (the regulator: fundamental objectives).
25
20
Omit section 87 (the regulator: procedure).
21
Omit section 88 (the regulator: conflict of interest).
22
Omit section 89 (the regulator: committees).
23
Omit section 90 (the regulator: delegation).
24
Omit section 91 (the regulator: seal).
30
25
Omit section 92 (the regulator: annual report).
26
After that section insert—
“The regulator and the Regulation Committee
92A
Regulation functions of the HCA
(1)
In this Part “the regulator” means the HCA.
35

Localism Bill
Schedule 16 — Transfer of functions from the Office for Tenants and Social Landlords to the Homes and Communities Agency
Part 1 — Amendments to the Housing and Regeneration Act 2008
341

(2)
In any other enactment or instrument “the Regulator of Social
Housing” means the HCA.
92B
The Regulation Committee
(1)
The HCA must establish a committee to be known as the Regulation
Committee.
5
(2)
The functions conferred on the HCA as the regulator by virtue of this
Part, or as the Regulator of Social Housing by virtue of any other
enactment or instrument, are exercisable by the HCA acting through
the Regulation Committee.
(3)
Those functions are not exercisable by the HCA in any other way.
10
(4)
Subsections (2) and (3) are subject to any express provision to the
contrary in this Part or in the enactment or instrument in question.
(5)
References in this Part to the functions of the regulator are to the
functions mentioned in subsection (2).
(6)
References in any enactment or instrument to the social housing
15
functions of the HCA or the Regulator of Social Housing are to the
functions mentioned in subsection (2).
92C
Membership of the Regulation Committee
(1)
The Regulation Committee is to consist of—
(a)
a person appointed by the Secretary of State to chair the
20
Committee (“the chair”), and
(b)
not less than four and not more than six other members
appointed by the Secretary of State.
(2)
The chair of the Committee must not be a member of the HCA
immediately prior to the chair’s appointment as such, but becomes a
25
member of the HCA on appointment.
(3)
One other member of the Committee may be a member of the HCA.
(4)
The member within subsection (3) is referred to in this Part as the
internal member.
(5)
The remaining members of the Committee must be neither a member
30
nor a member of staff of the HCA.
(6)
A member within subsection (5) is referred to in this Part as an
external member.
(7)
The Secretary of State must consult the chair before appointing the
other members.
35
(8)
In appointing a person to be a member, the Secretary of State must
have regard to the desirability of appointing a person who has
experience of, and has shown some capacity in, a matter relevant to
the exercise of the functions of the regulator.
(9)
In appointing a person to be a member, the Secretary of State must
40
be satisfied that the person will have no financial or other interest
likely to affect prejudicially the exercise of the person’s functions as
a member.

Localism Bill
Schedule 16 — Transfer of functions from the Office for Tenants and Social Landlords to the Homes and Communities Agency
Part 1 — Amendments to the Housing and Regeneration Act 2008
342

(10)
The Secretary of State may require any person whom the Secretary of
State proposes to appoint as a member to provide such information
as the Secretary of State considers necessary for the purposes of
subsection (9).
92D
Terms of appointment of members
5
(1)
A member of the Regulation Committee holds office in accordance
with the member’s terms of appointment.
(2)
A member may resign by serving notice on the Secretary of State.
(3)
A person ceases to be the chair if the person—
(a)
resigns that office by serving notice on the Secretary of State,
10
or
(b)
ceases to be a member of the Committee.
(4)
If a person ceases to be the chair, the person—
(a)
ceases to be a member of the Committee, and
(b)
ceases to be a member of the HCA.
15
(5)
A person ceases to be the internal member if the person ceases to be
a member of the HCA.
(6)
A person who ceases to be a member or the chair is eligible for
reappointment (subject to section 92C).
(7)
The Secretary of State may remove a member who—
20
(a)
has been absent from meetings of the Committee without its
permission for more than six months,
(b)
has become bankrupt or has made an arrangement with the
member’s creditors,
(c)
the Secretary of State thinks has failed to comply with the
25
member’s terms of appointment, or
(d)
the Secretary of State thinks is otherwise unable, unfit or
unsuitable to exercise the functions of that member.
92E
Remuneration etc of members
(1)
The Secretary of State may require the HCA to pay to the chair such
30
additional remuneration and allowances as the Secretary of State
may decide.
(2)
The Secretary of State may require the HCA to pay to the external
members of the Regulation Committee such remuneration and
allowances as the Secretary of State may decide.
35
(3)
The Secretary of State may require the HCA to—
(a)
pay such pensions, allowances or gratuities as the Secretary
of State may decide to or in respect of any external member
or former external member;
(b)
pay such sums as the Secretary of State may decide towards
40
provision for the payment of pensions, allowances or
gratuities to or in respect of any external member or former
external member.
(4)
Subsection (5) applies if—
(a)
a person ceases to be an external member, and
45