Localism Bill

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Localism Bill

Localism Bill
Schedule 19 — Housing and regeneration: consequential amendments
357

11
In section 4(1)(g)(i) (definition of “new towns residuary body”) after “2008”
insert “or the Greater London Authority so far as exercising its new towns
and urban development functions”.
12
In section 45(2) (restrictions on service charges payable after disposal of
lease: disposals to which restrictions apply) in the definition of “public
5
sector authority” after the entry for the Homes and Communities Agency
insert—
“the Greater London Authority so far as exercising its housing
or regeneration functions or its new towns and urban
development functions,”.
10
13    (1)
Section 80 (secure tenancies: the landlord condition) is amended as follows.
      (2)
In subsection (1) after “the Homes and Communities Agency” insert “, the
Greater London Authority”.
      (3)
In subsection (2A) for the “or” at the end of paragraph (a) insert—
“(aa)
the Greater London Authority as mentioned in section
15
333ZI(2)(a) to (d) of the Greater London Authority Act 1999,
or”.
      (4)
In subsection (2B)—
(a)
after “Agency” insert “, the Greater London Authority”, and
(b)
after “(2A)(a)” insert “, (aa)”.
20
      (5)
In subsection (2C) after “Agency” in both places insert “, the Greater London
Authority”.
      (6)
In subsection (2D) after “Agency” in both places insert “, the Greater London
Authority”.
      (7)
In subsection (2E) after “Agency” insert “, the Greater London Authority”.
25
      (8)
In subsection (5)—
(a)
after the first “Agency” insert “, to the Greater London Authority”,
and
(b)
after the second “Agency” insert “, the Greater London Authority”.
14
In section 151B (right to buy: mortgage for securing redemption of
30
landlord’s share) after subsection (5A) insert—
“(5B)
In subsection (5) “the Relevant Authority” also includes the Greater
London Authority.”
15
In section 156 (right to buy: liability to repay to be a charge on the premises)
after subsection (4ZA) insert—
35
“(4ZB)
In subsection (4) “the Relevant Authority” also includes the Greater
London Authority.”
16    (1)
Section 450A (right to a loan in respect of service charges after exercise of
right to buy) is amended as follows.
      (2)
In subsection (5A) after “6A(4)” insert “and in the case of a property outside
40
Greater London”.

Localism Bill
Schedule 19 — Housing and regeneration: consequential amendments
358

      (3)
After that subsection insert—
“(5B)
In subsection (4)(a) “the Relevant Authority”, in relation to a housing
association falling within section 6A(4) and in the case of a property
in Greater London, means the Greater London Authority.”
17
In section 450B(1)(a) (power to make loans in other cases) after “Agency”
5
insert “or the Greater London Authority”.
18
In section 453(1)(b) (further advances in case of disposal on shared
ownership lease) after “Agency” insert “or the Greater London Authority”.
19
In section 458(1) (loans for acquisition or improvement of housing: minor
definitions) in the definition of “housing authority” after “Agency,” insert
10
“the Greater London Authority,”.
20
In Schedule 4 (qualifying period for right to buy and discount) in paragraph
7B for the “or” at the end of paragraph (a) substitute—
“(aa)
the Greater London Authority, or”.
21
In Schedule 5 (exceptions to the right to buy) in paragraph 3—
15
(a)
in the entry in the list for section 19 of the Housing and Regeneration
Act 2008 omit the words from “(and” to “Act)”, and
(b)
after the end of that entry (but not as an entry in that list) insert—

“or a grant from the Greater London Authority which was
a grant made on condition that the housing association
20
provides social housing.

In this paragraph “provides social housing” has the same
meaning as in Part 1 of the Housing and Regeneration Act
2008.”
Landlord and Tenant Act 1985 (c. 70)
25
22
In section 38 of the Landlord and Tenant Act 1985 (minor definitions) in the
definition of “new town corporation” for the “or” at the end of paragraph (b)
substitute—
“(ba)
the Greater London Authority so far as exercising its new
towns and urban development functions, or”.
30
Landlord and Tenant Act 1987 (c. 31)
23
In section 58(1) of the Landlord and Tenant Act 1987 (exempt landlords)
after paragraph (df) insert—
“(dg)
the Greater London Authority so far as exercising its housing
or regeneration functions or its new towns and urban
35
development functions;”.
Income and Corporation Taxes Act 1988 (c. 1)
24
In section 376(4) of the Income and Corporation Taxes Act 1988 (qualifying
lenders) after paragraph (j) insert—
“(ja)
the Greater London Authority so far as exercising its housing
40
or regeneration functions or its new towns and urban
development functions;”.

Localism Bill
Schedule 19 — Housing and regeneration: consequential amendments
359

Housing Act 1988 (c. 50)
25
The Housing Act 1988 is amended as follows.
26
In section 35(4)(ba) (tenancies which are secure tenancies) after “Agency”
insert “, the Greater London Authority”.
27
In section 38(5A)(b)(i) (definition of “new towns residuary body”) after
5
“2008” insert “or the Greater London Authority so far as exercising its new
towns and urban development functions”.
28
In section 52(9A) (recovery of grants: interpretation) in the definition of “the
appropriate authority”—
(a)
in paragraph (a) after “association” insert “and property outside
10
Greater London”, and
(b)
for the “and” at the end of that paragraph substitute—
“(aa)
in relation to an English relevant housing association
and property in Greater London, means the Greater
London Authority, and”.
15
Water Industry Act 1991 (c. 56)
29
In section 219(1) of the Water Industry Act 1991 (general interpretation) in
the definition of “new towns residuary body” after “2008” insert “or the
Greater London Authority so far as exercising its new towns and urban
development functions”.
20
Water Resources Act 1991 (c. 57)
30
In section 72(2A) of the Water Resources Act 1991 (definition of “new towns
residuary body”) after “2008” insert “or the Greater London Authority so far
as exercising its new towns and urban development functions”.
Social Security Administration Act 1992 (c. 5)
25
31
In section 191 of the Social Security Administration Act 1992 (general
interpretation) in paragraph (a) of the definition of “new town corporation”
at the end of sub-paragraph (ii) insert “; or
(iii)
the Greater London Authority so far as exercising its
new towns and urban development functions;”.
30
Taxation of Chargeable Gains Act 1992 (c. 12)
32
In section 219(1)(d) of the Taxation of Chargeable Gains Act 1992 (disposals
by housing related bodies) in paragraph (d) for “or the Homes and
Communities Agency” substitute “, the Homes and Communities Agency or
the Greater London Authority.”
35
Housing Act 1996 (c. 52)
33
The Housing Act 1996 is amended as follows.
34    (1)
Section 51 (schemes for investigation of complaints against social landlords)
is amended as follows.
      (2)
In subsection (3)(a)—
40

Localism Bill
Schedule 19 — Housing and regeneration: consequential amendments
360

(a)
in the entry in the list for section 19 of the Housing and Regeneration
Act 2008 omit the words from “(and” to “Act)”, and
(b)
at the end of the entry in the list for section 50 of the Housing Act
1988 etc (but not as an entry in that list) insert—

“or a grant from the Greater London Authority which was
5
a grant made on condition that the housing association
provides social housing; or”.
      (3)
After that subsection insert—
“(3A)
In subsection (3) “provides social housing” has the same meaning as
in Part 1 of the Housing and Regeneration Act 2008.”
10
35
In section 219(4)(a) (directions as to charges by social landlords: meaning of
social landlord) after “Agency,” insert “the Greater London Authority,”.
Finance Act 2003 (c. 14)
36
The Finance Act 2003 is amended as follows.
37
In section 71(4) (stamp duty land tax: reliefs for acquisitions by registered
15
social landlords) after paragraph (ca) insert—
“(cb)
made or given by the Greater London Authority,”.
38    (1)
Schedule 9 (stamp duty land tax: rights to buy, shared ownership leases etc)
is amended as follows.
      (2)
In paragraph 1—
20
(a)
in sub-paragraph (3) after the entry relating to the Homes and
Communities Agency insert—
“The Greater London Authority so far as exercising its
housing or regeneration functions or its new towns
and urban development functions”, and
25
(b)
after sub-paragraph (6) insert—
    “(7)
A grant by the Greater London Authority which—
(a)
is made by virtue of section 35 of the Housing and
Regeneration Act 2008 as applied by section 333ZE
of the Greater London Authority Act 1999, or
30
(b)
is otherwise made to a relevant provider of social
housing (within the meaning of section 35 of the
Housing and Regeneration Act 2008) in respect of
discounts given by the provider on disposals of
dwellings to tenants,
35

does not count as part of the chargeable consideration for
a right to buy transaction to which the vendor is a relevant
provider of social housing.”
      (3)
In paragraph 5—
(a)
in sub-paragraph (2) after paragraph (e) insert—
40
“(ea)
the Greater London Authority so far as exercising its
housing or regeneration functions or its new towns
and urban development functions;”, and
(b)
in sub-paragraph (2A)—
(i)
after “financial assistance” insert “made or given”, and
45

Localism Bill
Schedule 19 — Housing and regeneration: consequential amendments
361

(ii)
after “2008” insert “or by the Greater London Authority”.
      (4)
In paragraph 7(8)—
(a)
after “financial assistance” insert “made or given”, and
(b)
after “2008” insert “or by the Greater London Authority”.
Finance Act 2004 (c. 12)
5
39    (1)
Section 59 of the Finance Act 2004 (construction industry scheme:
contractors) is amended as follows.
      (2)
In subsection (1) after paragraph (f) insert—
“(fa)
the Greater London Authority in the exercise of its functions
relating to housing or regeneration or its new towns and
10
urban development functions;”.
      (3)
In subsection (2) for “(f)” substitute “(fa)”.
National Health Service Act 2006 (c. 41)
40
The National Health Service Act 2006 is amended as follows.
41
In section 256(2) (bodies to which PCTs may make payments in connection
15
with provision of housing accommodation) after paragraph (ba) insert—
“(bb)
the Greater London Authority,”.
42
In section 268(3) (bodies with whom arrangements may be made for
provision of accommodation to persons displaced by health service
development) after paragraph (d) insert—
20
“(da)
the Greater London Authority,”.
Housing and Regeneration Act 2008 (c. 17)
43
The Housing and Regeneration Act 2008 is amended as follows.
44
In section 112(4) (duty to consult before setting criteria for voluntary
registration) before paragraph (b) insert—
25
“(aa)
the Greater London Authority,”.
45
In section 145 (moratorium) before the table insert—
“(5)
Where the private registered provider owns land in Greater London,
the regulator shall give the Greater London Authority a copy of any
notice received under this section.”
30
46    (1)
Section 146 (duration of moratorium) is amended as follows.
      (2)
After subsection (4) insert—
“(4A)
If the regulator extends a moratorium in respect of a private
registered provider who owns land in Greater London, the regulator
shall also notify the Greater London Authority.”
35
      (3)
Before subsection (9) insert—
“(8A)
When a moratorium in respect of a private registered provider who
owns land in Greater London ends, the regulator shall also give
notice to the Greater London Authority.”

Localism Bill
Schedule 19 — Housing and regeneration: consequential amendments
362

47
In section 147 (further moratorium) after subsection (4) insert—
“(4A)
If the regulator imposes a new moratorium in respect of a private
registered provider who owns land in Greater London, the regulator
shall also notify the Greater London Authority.”
48
In section 174(5) (procedure for consent to disposal of social housing) before
5
paragraph (b) insert—
“(aa)
the Greater London Authority,”.
49
In section 178(3) (private registered provider’s use of proceeds from
disposals) for the words from “to the HCA” to the end substitute “—
(a)
in the case of sums representing net disposal proceeds
10
relating to property outside Greater London, to the HCA, and
(b)
in the case of sums representing net disposal proceeds
relating to property in Greater London, to the Greater
London Authority.”
50
In section 196(1) (consultation on standards and codes of practice) after
15
paragraph (e) insert—
“(ea)
the Greater London Authority,”.
51
In section 197(4) (direction by Secretary of State) after paragraph (a) insert—
“(aa)
the Greater London Authority,”.
52
In section 216 (consultation on use of intervention powers) after paragraph
20
(b) insert—
“(ba)
the Greater London Authority,”.
53
In section 222 (notification of use of enforcement notice) before paragraph
(b) insert—
“(aa)
in the case of an enforcement notice given to registered
25
provider who owns land in Greater London, the Greater
London Authority, and”.
54
In section 230(2) (pre-penalty warning) before paragraph (b) insert—
“(aa)
the Greater London Authority (if the pre-penalty warning is
given to a registered provider who owns land in Greater
30
London), and”.
55
Before section 233 insert—
“232A
Notifying the Greater London Authority
If the regulator imposes a penalty on a registered provider who owns
land in Greater London, it must send a copy of the penalty notice to
35
the Greater London Authority.”
56
In section 242(3) (pre-compensation warning) before paragraph (b) insert—
“(aa)
the Greater London Authority (if the pre-compensation
warning is given to a registered provider who owns land in
Greater London), and”.
40
57    (1)
Section 248 (supplemental provisions about management tenders) is
amended as follows.

Localism Bill
Schedule 20 — Abolition of London Development Agency: consequential amendments
363

      (2)
In subsection (4) before paragraph (b) insert—
“(aa)
the Greater London Authority (if the notice is given to a
registered provider who owns land in Greater London),”.
      (3)
In subsection (7) before paragraph (d) insert—
“(ca)
the Greater London Authority (if the notice is given to a
5
registered provider who owns land in Greater London),”.
      (4)
In subsection (8) before paragraph (b) insert—
“(aa)
in the case of a requirement imposed on a registered provider
who owns land in Greater London, to the Greater London
Authority, and”.
10
58    (1)
Section 250 (supplemental provisions about management transfer) is
amended as follows.
      (2)
In subsection (4) before paragraph (b) insert—
“(aa)
in the case of a notice given to a registered provider who
owns land in Greater London, the Greater London
15
Authority,”.
      (3)
In subsection (7) before paragraph (d) insert—
“(ca)
if the requirement would be imposed on a registered
provider who owns land in Greater London, the Greater
London Authority,”.
20
      (4)
In subsection (8) before paragraph (b) insert—
“(aa)
in the case of a requirement imposed on a registered provider
who owns land in Greater London, to the Greater London
Authority, and”.
59    (1)
Section 252 (supplemental provisions about appointment of managers) is
25
amended as follows.
      (2)
In subsection (4) before paragraph (b) insert—
“(aa)
the Greater London Authority (if the notice is given to a
registered provider who owns land in Greater London), and”
      (3)
Before subsection (8) insert—
30
“(7A)
The regulator must notify the Greater London Authority of an
appointment or requirement under section 251(2) in respect of a
registered provider who owns land in Greater London.”
Schedule 20
Section 166

Abolition of London Development Agency: consequential amendments
35
Local Authorities (Goods and Services) Act 1970 (c. 39)
1
In section 1(4) of the Local Authorities (Goods and Services) Act 1970, in the
definition of “local authority” for “, Transport for London and the London
Development Agency” substitute “and Transport for London”.