Select Committee on Delegated Powers and Regulatory Reform Thirteenth Report



On 4 November 2002, the Government laid before Parliament a proposal for a draft Regulatory Reform (Housing Management Agreements) Order 2003, together with a Statement by the Office of the Deputy Prime Minister (ODPM).[2] We reported on the Government's proposal on 15 January 2003.[3]

The purpose of the order is to enable local housing authorities in England and Wales to contract out their housing management functions in a way that does not require them to be in a contractual relationship with those who will perform the functions.

In our earlier Report, we made no recommendation save that we suggested that new section 27(10) of the Housing Act 1985 ("the 1985 Act") was unclear. The subsection, as drafted in the proposal, allowed the Secretary of State/the National Assembly for Wales to extend a moratorium period (during which approval would not be required to a sub-agreement) if satisfied that approval would not be given immediately after the period to "any sub-agreement". We took the view that it was not certain whether, where there was more than one sub-agreement made in that period and approval would be given to one or more, but not all, of the sub-agreements, it would be possible to extend the period under section 27(10). The ODPM has amended the draft order to make clear that the moratorium period can be extended in this circumstance.

In addition, subsections (13) and (14) of new section 27 of the 1985 Act have been amended in the light of points raised by the House of Commons Regulatory Reform Committee.[4]


In our first Report on this proposal, we concluded that it was appropriate to be made under the Regulatory Reform Act 2001. We remain of this view, and therefore recommend that the order, as it now stands, is in a form satisfactory to be submitted to the House for affirmative resolution.

2   Available at Back

3   8th Report, Session 2002-03, HL Paper 37. Back

4   5th Report, Session 2002-03, HC 328. Back

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