Housing and Regeneration Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Clause 51

 

LORD GREAVES

97ZBPage 23, line 30, leave out from "exist" to end of line 31 and insert "six months after the commencement of this section"
 

Clause 52

 

LORD GREAVES

97ZCPage 23, line 33, leave out from "exist" to end of line 34 and insert "six months after the commencement of this section"
 

Schedule 5

 

BARONESS ANDREWS

97ZDPage 182, line 30, at end insert—
 "      In section 72(1)(a) (application and exclusion of certain enactments: section 12 of the Finance Act 1895 (c. 16)) omit "or from the Commission"."
 

Schedule 6

 

BARONESS ANDREWS

97ZEPage 184, line 18, leave out "the" and insert "a"
97ZFPage 184, line 19, at end insert "or transferred to another transferee"
97ZGPage 184, line 20, leave out "transferee" and insert "a transferee or between transferees"
 

Clause 55

 

BARONESS ANDREWS

97APage 25, line 16, at end insert—
"(2)  In paragraph 1(1) of Schedule 17 to the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) (constitution of the Urban Regeneration Agency: number of members), for "six" substitute "two".
(3)  This section is without prejudice to the power of the Secretary of State under section 320(1)."
 

Schedule 8

 

BARONESS ANDREWS

97BPage 188, line 36, at end insert—
 

"Land Compensation Act 1961 (c. 33)

       In section 23(3) of the Land Compensation Act 1961 (compensation where planning decision made after acquisition: exclusions) for paragraph (d) and the word "or" before it substitute "or
(d)  under Part 1 of the Housing and Regeneration Act 2008 (acquisition by the Homes and Communities Agency)."
 

Public Health Act 1961 (c. 64)

       In Schedule 4 to the Public Health Act 1961 (attachment of street lighting equipment to certain buildings), in the first column of the Table, for the words from "Commission" to "1959" substitute "Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 54(1)(a) to (d) of the Housing and Regeneration Act 2008"."
97CPage 189, line 11, leave out "entry for" and insert "entries for the Commission for the New Towns and"
97DPage 189, line 12, leave out "Note relating to" and insert "Notes relating to the Commission for the New Towns and"
97EPage 189, line 12, at end insert—
 

"National Loans Act 1968 (c. 13)

       In Schedule 1 to the National Loans Act 1968 (Government lending and advances) in the entry relating to the New Towns Act 1981 (c. 64)—
(a)  in column 1 omit "(5)(6)", and
(b)  in column 2 omit "and the Commission for the New Towns".
 

Land Compensation Act 1973 (c. 26)

    (1)   Section 39 of the Land Compensation Act 1973 (duty to rehouse residential occupiers) is amended as follows.
(2)      In subsection (4)(d) for "Commission for the New Towns" substitute "new towns residuary body".
(3)      In subsection (8)—
(a)  in paragraph (a) for "Commission for the New Towns" substitute "new towns residuary body", and
(b)  in paragraph (c) for "Commission for the New Towns, the Commission" substitute "new towns residuary body, that body".
(4)      In subsection (9)—
(a)   after "section" insert "—
(a)  ", and
(b)  at the end insert—
"(b)  "new towns residuary body" means—
(i)  in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 54(1)(a) to (d) of the Housing and Regeneration Act 2008; and
(ii)  in relation to Wales, the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981.""
97FPage 189, line 36, at end insert—
 

"Northern Ireland Assembly Disqualification Act 1975 (c. 25)

    (1)   Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) is amended as follows.
(2)      Insert at the appropriate place—
  "The Homes and Communities Agency."
(3)      Omit the entry relating to the Urban Regeneration Agency."
97GPage 190, line 3, at end insert—
 

"Rent (Agriculture) Act 1976 (c. 80)

    (1)   Section 5 of the Rent (Agriculture) Act 1976 (no statutory tenancy where landlord's interest belongs to certain bodies) is amended as follows.
(2)      In subsection (3)(c) for "Commission for the New Towns" substitute "English new towns residuary body".
(3)      After subsection (3) insert—
"(3A)      In subsection (3)(c) above "English new towns residuary body" means the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 54(1)(a) to (d) of the Housing and Regeneration Act 2008."
 

Rent Act 1977 (c. 42)

    (1)   Section 14 of the Rent Act 1977 (landlord's interest belonging to local authority, etc.) is amended as follows.
(2)      At the beginning insert "(1)".
(3)      In paragraph (d) for "Commission for the New Towns" substitute "English new towns residuary body".
(4)      At the end insert—
"(2)      In subsection (1)(d) "English new towns residuary body" means the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 54(1)(a) to (d) of the Housing and Regeneration Act 2008."
 

Protection from Eviction Act 1977 (c. 43)

    (1)   Section 3A of the Protection from Eviction Act 1977 (excluded tenancies and licences) is amended as follows.
(2)      In subsection (8)(c) for "Commission for the New Towns" substitute "new towns residuary body".
(3)      After subsection (8) insert—
"(8A)      In subsection (8)(c) above "new towns residuary body" means—
(a)  in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 54(1)(a) to (d) of the Housing and Regeneration Act 2008; and
(b)  in relation to Wales, means the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981."
 

Local Government, Planning and Land Act 1980 (c. 65)

       The Local Government, Planning and Land Act 1980 is amended as follows.
       In section 4(4) (power to direct bodies to publish information) omit paragraph(b).
       In section 93 (public bodies to whom Part 10 applies) after subsection (1) insert—
"(1A)      Sections 95 to 96A also apply to the Homes and Communities Agency so far as it is exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 54(1)(a) to (d) of the Housing and Regeneration Act 2008 (and references to a body to which this Part of this Act applies in those sections are to be read accordingly)."
       In section 99(4)(e) (directions to dispose of land: supplementary) omit "the Commission for the New Towns,".
       In section 165A(2) (transfer by order of property etc. of urban development corporations to the Secretary of State etc.)—
(a)  in paragraph (a) for the words from "177" to "Agency)" substitute "45 of the Housing and Regeneration Act 2008 (agency arrangements with urban development corporations)", and
(b)  in paragraph (b) for "subsection (2)" substitute "subsections (5) and (6)".
       In section 165B(2) (transfer by order of property etc. of urban development corporations to statutory bodies)—
(a)  in paragraph (a) for the words from "177" to "Agency)" substitute "45 of the Housing and Regeneration Act 2008 (agency arrangements with urban development corporations)", and
(b)  in paragraph (b) for "subsection (2)" substitute "subsections (5) and (6)".
       In Schedule 16 (bodies to whom Part 10 applies) omit paragraph 6.
 

Highways Act 1980 (c. 66)

    (1)   Section 219 of the Highways Act 1980 (payments to be made by owners of new buildings in respect of street works) is amended as follows.
(2)      In subsection (4)(i)(iii), for "Commission for the New Towns" substitute "new towns residuary body".
(3)      After subsection (4A) insert—
"(4B)      In subsection (4)(i)(iii) "new towns residuary body" means—
(a)  in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 54(1)(a) to (d) of the Housing and Regeneration Act 2008; and
(b)  in relation to Wales, the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981."
 

Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66)

    (1)   The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as follows.
(2)      In section 15 (application of Act to orders under section 161(1) of the Leasehold Reform, Housing and Urban Development Act 1993) omit the words from "or under subsection (1)" to "similar provision)".
(3)      In Schedule 2 (modifications of Act in certain cases)—
(a)  in paragraph 1 omit the words from "or under subsection (1)" to "contains similar provision)", and
(b)  in paragraph 3 for "the housing action trust or the Urban Regeneration Agency (as the case may be)" substitute "or the housing action trust (as the case may be)".
 

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

    (1)   Paragraph 2 of Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 (street trading) is amended as follows.
(2)      In sub-paragraph (5)(b) for "Commission for the New Towns" substitute "new towns residuary body".
(3)      After sub-paragraph (5) insert—
"(5A)      In sub-paragraph (5)(b) above "new towns residuary body" means—
(a)  in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 54(1)(a) to (d) of the Housing and Regeneration Act 2008; and
(b)  in relation to Wales, the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981."
 

Landlord and Tenant Act 1985 (c. 70)

       In section 38 (minor definitions) of the Landlord and Tenant Act 1985, in the definition of "new town corporation", for paragraph (b) (and the word "or" immediately before it) substitute—
"(b)  the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 54(1)(a) to (d) of the Housing and Regeneration Act 2008, or
(c)  the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981;".
 

Income and Corporation Taxes Act 1988 (c. 1)

       In section 376(4) of the Income and Corporation Taxes Act 1988 (qualifying borrowers and qualifying lenders) for paragraph (j) substitute—
"(j)  the Homes and Communities Agency;".

 
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9 June 2008