Localism Bill

Session 2010 - 11
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Other Bills before Parliament

Localism Bill

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
343

(b)
the Secretary of State considers that there are special
circumstances that make it appropriate for the person to
receive compensation.
(5)
The Secretary of State may require the HCA to pay the person such
amount as the Secretary of State may decide.
5
92F
Sub-committees of the Regulation Committee
(1)
The Regulation Committee may establish one or more sub-
committees.
(2)
A sub-committee may include persons who are not members of the
Committee.
10
(3)
The Secretary of State may require the HCA to pay such
remuneration and allowances as the Secretary of State may decide to
any person who—
(a)
is a member of a sub-committee, but
(b)
is not a member of the Committee.
15
(4)
The HCA may dissolve a sub-committee.
92G
Procedure of the Committee and its sub-committees
(1)
The Regulation Committee may decide—
(a)
its own procedure, and
(b)
the procedure of any of its sub-committees.
20
(2)
Subject to subsection (1), a sub-committee may decide its own
procedure.
(3)
The validity of proceedings of the Committee or of any of its sub-
committees is not affected by—
(a)
any vacancy in its membership,
25
(b)
any defect in the appointment of a member, or
(c)
any contravention of section 92H (members’ interests).
(4)
In this section “procedure” includes quorum.
92H
Members’ interests
(1)
A member of the Regulation Committee who is directly or indirectly
30
interested in any matter arising at a meeting of the Committee must
disclose the nature of that interest to the meeting.
(2)
A member of a sub-committee of the Committee who is directly or
indirectly interested in any matter arising at a meeting of the sub-
committee must disclose the nature of that interest to the meeting.
35
(3)
In a case within subsection (1) or (2)—
(a)
the member must not take part in any deliberation or
decision about the matter if it is a contract or agreement of
any description, but
(b)
may otherwise take part in any deliberation or decision about
40
the matter unless at least one-third of the other members at
the meeting decide that the interests disclosed might
prejudicially affect the member’s consideration of the matter.

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
344

92I
Exercise of functions
(1)
The Regulation Committee may delegate any of the functions of the
regulator to—
(a)
any of its members,
(b)
any of its sub-committees, or
5
(c)
any member of staff of the HCA.
(2)
A sub-committee of the Committee may delegate any function
conferred on it to any member of staff of the HCA.
(3)
A power of the HCA that is a function of the regulator—
(a)
may be exercised separately or together with, or as part of,
10
another such power;
(b)
does not limit the scope of another such power.
92J
Recommendations to HCA
(1)
The Regulation Committee may make recommendations to the HCA
about the exercise of the HCA’s functions.
15
(2)
The HCA must publish, in such manner as it thinks fit—
(a)
a recommendation received from the Regulation Committee
under this section, and
(b)
the HCA’s response to it.
(3)
In this section the reference to the HCA’s functions does not include
20
the functions of the regulator.
Fundamental objectives
92K
Fundamental objectives
(1)
The regulator must perform its functions with a view to achieving (so
far as is possible)—
25
(a)
the economic regulation objective, and
(b)
the consumer regulation objective.
(2)
The economic regulation objective is—
(a)
to ensure that registered providers of social housing are
financially viable and properly managed, and perform their
30
functions efficiently and economically,
(b)
to support the provision of social housing sufficient to meet
reasonable demands (including by encouraging and
promoting private investment in social housing),
(c)
to ensure that value for money is obtained from public
35
investment in social housing,
(d)
to ensure that an unreasonable burden is not imposed
(directly or indirectly) on public funds, and
(e)
to guard against the misuse of public funds.
(3)
The consumer regulation objective is—
40
(a)
to support the provision of social housing that is well-
managed and of appropriate quality,
(b)
to ensure that actual or potential tenants of social housing
have an appropriate degree of choice and protection,

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
345

(c)
to ensure that tenants of social housing have the opportunity
to be involved in its management and to hold their landlords
to account, and
(d)
to encourage registered providers of social housing to
contribute to the environmental, social and economic well-
5
being of the areas in which the housing is situated.
(4)
The objectives are referred to in this Part as the regulator’s
fundamental objectives.
(5)
The regulator must exercise its functions in a way that—
(a)
minimises interference, and
10
(b)
(so far as is possible) is proportionate, consistent, transparent
and accountable.”
27
In section 93(1) (the regulator: general functions) for “conferred on it by this
Part or another enactment” substitute “of the regulator”.
28
Omit section 99 (the regulator: remuneration).
15
29
In section 100 (charging)—
(a)
at the beginning insert “(1)”, and
(b)
at the end of the subsection (1) so formed insert—
“(2)
The functions of billing for and receiving the payment of
charges under this section are exercisable by the HCA rather
20
than by the HCA acting through its Regulation Committee.”
30
Omit section 101 (the regulator: assistance by Secretary of State).
31
Omit section 102 (the regulator: borrowing).
32
Omit section 103 (the regulator: accounts).
33
Omit section 104 (the regulator: financial year).
25
34
Omit section 105 (the regulator: co-operation with the HCA).
35
Omit section 106 (the regulator: direction to the HCA).
36
In section 112(4) (duty to consult before setting criteria for voluntary
registration) omit paragraph (a).
37    (1)
Section 117 (the regulator: fees) is amended as follows.
30
      (2)
In subsection (5)(a) after “the performance of” insert “the regulator’s”.
      (3)
In subsection (9) for “regulator’s” substitute “HCA’s”.
      (4)
After that subsection insert—
“(10)
The functions of billing for and receiving the payment of fees under
this section are exercisable by the HCA rather than by the HCA
35
acting through its Regulation Committee.”
38
In section 145 (moratorium) omit subsection (4).
39    (1)
Section 146 (duration of moratorium) is amended as follows.
      (2)
In subsection (4)—
(a)
at the end of paragraph (a) insert “and”, and
40

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
346

(b)
omit paragraph (c).
      (3)
Omit subsection (8).
40
In section 147(4) (further moratorium)—
(a)
at the end of paragraph (a) insert “and”, and
(b)
omit paragraph (c).
5
41
In section 174(5) (procedure for consent to disposal of social housing) omit
paragraph (a).
42
In section 196(1) (consultation on standards and codes of practice) omit
paragraph (f).
43
In section 197(4) (direction by Secretary of State) omit paragraph (b).
10
44
In section 202 (inspections: supplemental) after subsection (7) insert—
“(8)
The functions of billing for and receiving the payment of fees under
this section are exercisable by the HCA rather than by the HCA
acting through its Regulation Committee.”
45
In section 216 (consultation on use of intervention powers) omit paragraph
15
(e).
46
In section 222 (notification of use of enforcement notice) omit paragraph (a).
47
In section 230(2) (pre-penalty warning) omit paragraph (a).
48
Omit section 232 (duty to notify HCA of penalty notice).
49
In section 242(3) (pre-compensation warning) omit paragraph (a).
20
50    (1)
Section 248 (supplemental provisions about management tenders) is
amended as follows.
      (2)
In subsection (4) omit paragraph (a).
      (3)
In subsection (7) omit paragraph (c).
      (4)
In subsection (8) omit paragraph (a).
25
51    (1)
Section 250 (supplemental provisions about management transfers) is
amended as follows.
      (2)
In subsection (4) omit paragraph (a).
      (3)
In subsection (7) omit paragraph (c).
      (4)
In subsection (8) omit paragraph (a).
30
52    (1)
Section 252 (supplemental provisions about appointment of managers) is
amended as follows.
      (2)
In subsection (4) omit paragraph (a).
      (3)
Omit subsection (7).
53    (1)
The Table in section 276 (Part 2: index of defined terms) is amended as
35
follows.
      (2)
Omit the entry for “Appointed member”.

Localism Bill
Schedule 16 — Transfer of functions from the Office for Tenants and Social Landlords to the Homes and Communities Agency
Part 2 — Amendments consequential on Part 1
347

      (3)
In the entry for “Fundamental objectives” for “Section 86” substitute “Section
92K”.
      (4)
In the entry for “The regulator” for “Section 81” substitute “Section 92A”.
      (5)
In the entry for “The Regulator of Social Housing” for “Section 81” substitute
“Section 92A”.
5
      (6)
Insert the following entries at the appropriate place—

“The chair
Section 92C”;

“External member
Section 92C”;

“The internal member
Section 92C”.

54    (1)
Schedule 1 (constitution of the Homes and Communities Agency) is
10
amended as follows.
      (2)
In paragraph 1 (appointment of membership) after sub-paragraph (4)
insert—
    “(5)
A person who is an external member of the Regulation Committee
(see section 92C) may not be appointed as a member of the HCA.”
15
      (3)
After paragraph 17 insert—
“18
The provisions in this Schedule about the HCA’s committees and
their sub-committees do not apply in relation to the Regulation
Committee or its sub-committees (as to which see in particular
sections 92A to 92I).”
20
Part 2
Amendments consequential on Part 1
Public Records Act 1958 (c. 51)
55
In Schedule 1 to the Public Records Act 1958 (definition of public records),
in Part 2 of the Table at the end of paragraph 3 omit the entry for the Office
25
for Tenants and Social Landlords.
Parliamentary Commissioner Act 1967 (c. 13)
56
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation) omit the entry for the Office for Tenants and Social
Landlords.
30
House of Commons Disqualification Act 1975 (c. 24)
57
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(bodies of which all members are disqualified) omit the entry for the Office
for Tenants and Social Landlords.

Localism Bill
Schedule 16 — Transfer of functions from the Office for Tenants and Social Landlords to the Homes and Communities Agency
Part 3 — Transfer of property, rights and liabilities
348

Race Relations Act 1976 (c. 74)
58
In Schedule 1A to the Race Relations Act 1976 (bodies and other persons
subject to general statutory duty) omit paragraph 52 (the Office for Tenants
and Social Landlords).
Freedom of Information Act 2000 (c. 36)
5
59
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
authorities) omit the entry for the Office for Tenants and Social Landlords.
Part 3
Transfer of property, rights and liabilities
Transfer of property, rights and liabilities
10
60    (1)
The property, rights and liabilities to which the Office is entitled or subject
immediately before the commencement of this paragraph transfer to and
vest in the HCA.
      (2)
This paragraph has effect in spite of any provision (of whatever nature) that
would otherwise prevent, penalise or restrict the transfer of the property,
15
rights or liabilities.
      (3)
In particular, it has effect regardless of a contravention, liability or
interference with an interest or right that would otherwise exist by reason of
such a provision having effect in relation to the terms on which the Office is
entitled to the property or right, or subject to the liability, in question.
20
      (4)
A certificate by the Secretary of State that anything specified in the certificate
has vested in the HCA under this paragraph is conclusive evidence for all
purposes of that fact.
Employment contracts: transfer of rights and liabilities
61    (1)
The rights and liabilities transferred by paragraph 60 include rights or
25
liabilities under a contract of employment.
      (2)
The Transfer of Undertakings (Protection of Employment) Regulations 2006
(S.I. 2006/246) apply to the transfer by virtue of that paragraph of rights or
liabilities under a contract of employment (whether or not it is a relevant
transfer for the purposes of those regulations).
30
Continuity
62    (1)
The transfer of property, rights and liabilities by virtue of paragraph 60 does
not affect the validity of anything done (or having effect as if done) by or in
relation to the Office before the transfer takes effect.
      (2)
Anything that—
35
(a)
is done (or has effect as if done) by or in relation to the Office for the
purposes of, or otherwise in connection with, anything transferred
by paragraph 60, and
(b)
has effect immediately before the transfer date,

is to be treated as done by or in relation to the HCA.
40

Localism Bill
Schedule 16 — Transfer of functions from the Office for Tenants and Social Landlords to the Homes and Communities Agency
Part 4 — Transitional and saving provisions
349

      (3)
There may be continued by or in relation to the HCA anything (including
legal proceedings) that—
(a)
relates to anything transferred under paragraph 60, and
(b)
is in the process of being done by or in relation to the Office
immediately before the transfer date.
5
      (4)
Sub-paragraph (5) applies to any document that—
(a)
relates to anything transferred under paragraph 60, and
(b)
is in effect immediately before the transfer date.
      (5)
Any references (however expressed) in the document to the Office are to be
read, so far as is necessary for the purposes of the transfer, as references to
10
the HCA.
Interpretation
63
In this Part of this Schedule—
“the Office” means the Office for Tenants and Social Landlords
constituted by Chapter 2 of the Housing and Regeneration Act 2008
15
as originally enacted;
“the transfer date” means the date on which paragraph 60 comes into
force.
Part 4
Transitional and saving provisions
20
Final annual report
64    (1)
As soon as is reasonably practicable after the abolition date, the HCA must
prepare a report on the performance of the functions of the Office—
(a)
in the last financial year to end before the abolition date, and
(b)
in the period (if any) beginning immediately after the end of that
25
financial year and ending immediately before the abolition date.
      (2)
Sub-paragraph (1)(a) does not apply if the Office has already sent a report
under section 92 of the Housing and Regeneration Act 2008 to the Secretary
of State in respect of the financial year.
      (3)
The report must, in particular—
30
(a)
specify any direction given to the Office by the Secretary of State in
the period to which it relates under section 197 of the Housing and
Regeneration Act 2008, and
(b)
contain a general description of complaints made to the Office in that
period about the performance of registered providers of social
35
housing and of how those complaints have been dealt with.
      (4)
The HCA must send a report under this paragraph to the Secretary of State
as soon as is reasonably practicable after preparing it.
      (5)
The Secretary of State must lay the report before Parliament.