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On Question, amendment agreed to.

Clause 228 [Warning]:

Baroness Andrews moved Amendment No. 131:

Clause 228, page 95, line 5, leave out “to 233” and insert “, 232(1), (3) and (6) and 233”

On Question, amendment agreed to.

Clause 236 [Nature]:

Baroness Andrews moved Amendments Nos. 132 to 134:

Clause 236, page 97, line 7, leave out “or occupier”

Clause 236, page 97, line 9, leave out “or occupiers”

Clause 236, page 97, line 11, leave out “and occupiers”

On Question, amendments agreed to.

Clause 240 [Warning]:

Baroness Andrews moved Amendment No. 135:

Clause 240, page 98, line 24, leave out “to 243” and insert “, 242(1) and (3) and 243”

On Question, amendment agreed to.

Clause 247 [Management transfer]:

[Amendment No. 136 not moved.]

Baroness Andrews moved Amendment No. 137:

Clause 247, page 101, line 11, leave out paragraph (a)

On Question, amendment agreed to.

[Amendment No. 137A not moved.]

Baroness Andrews moved Amendment No. 138:

Clause 247, page 101, line 19, at end insert—

“(2A) A requirement to transfer management functions may be imposed only with the Secretary of State’s consent (both as to the transfer and the terms).”

On Question, amendment agreed to.

[Amendment No. 138A not moved.]

Clause 251 [Transfer of land]:

Baroness Andrews moved Amendment No. 139:

Clause 251, page 103, line 37, leave out paragraph (a)

On Question, amendment agreed to.

9 July 2008 : Column 796

Clause 253 [Amalgamation]:

Baroness Andrews moved Amendments Nos. 140 and 141:

Clause 253, page 104, line 31, leave out paragraph (a)

Clause 253, page 104, line 42, at end insert—

“(2A) The regulator may act under subsection (2) only with the Secretary of State’s consent.”

On Question, amendments agreed to.

Clause 254 [Restrictions on dealings during inquiry]:

Baroness Andrews moved Amendments Nos. 142 and 143:

Clause 254, page 105, line 22, leave out paragraph (a) and insert—

“(a) that the affairs of the registered provider have been mismanaged,”

Clause 254, page 105, line 27, leave out from “satisfied” to “have” in line 30 and insert “that the affairs of the registered provider”

On Question, amendments agreed to.

Clause 255 [Restrictions on dealings following inquiry]:

Baroness Andrews moved Amendment No. 144:

Clause 255, page 106, line 7, leave out paragraph (a)

On Question, amendment agreed to.

Clause 257 [Suspension during inquiry]:

Baroness Andrews moved Amendments Nos. 145 and 146:

Clause 257, page 107, line 1, leave out paragraph (a) and insert—

“(a) that the affairs of the registered provider have been mismanaged,”

Clause 257, page 107, line 6, leave out from “satisfied” to “have” in line 9 and insert “that the affairs of the registered provider”

On Question, amendments agreed to.

Clause 258 [Removal or suspension following inquiry]:

Baroness Andrews moved Amendment No. 147:

Clause 258, page 107, line 23, leave out paragraph (a)

On Question, amendment agreed to.

Clause 264 [Removal of officers]:

Baroness Andrews moved Amendment No. 148:

Clause 264, page 109, line 16, leave out subsection (2)

On Question, amendment agreed to.

Clause 267 [Appointment of new officers]:

Baroness Andrews moved Amendment No. 149:

Clause 267, page 110, line 13, leave out subsection (2)

On Question, amendment agreed to.

Clause 273 [General]:

[Amendment No. 150 not moved.]

Baroness Andrews moved Amendment No. 151:

Clause 273, page 113, line 21, at end insert—

““local housing authority” has the same meaning as in the Housing Act 1985 (c. 68),”

9 July 2008 : Column 797

On Question, amendment agreed to.

[Amendment No. 151A not moved.]

Clause 274 [Index of defined terms]:

[Amendment No. 152 not moved.]

Baroness Andrews moved Amendment No. 153:

Clause 274, page 114, line 28, at end insert—

“Local housing authority

Section 273”

On Question, amendment agreed to.

Schedule 9 [Amendment of enactments: Part 2]:

Baroness Andrews moved Amendments Nos. 154 to 157:

Schedule 9, page 203, line 28, at end insert—

“Inheritance Tax Act 1984 (c. 51)

In section 24A(2) of the Inheritance Tax Act 1984 (gifts to housing associations) before paragraph (a) insert—

“(za) a non-profit registered provider of social housing;”.”

Schedule 9, page 204, line 12, at end insert—

“Income and Corporation Taxes Act 1988 (c. 1)

The Income and Corporation Taxes Act 1988 is amended as follows.

In section 376(4) (qualifying borrowers and qualifying lenders) for paragraph (k) substitute—

“(k) the Regulator of Social Housing,”.

In section 488(7A) (co-operative housing associations)—

(a) at the beginning insert “In relation to a housing association which is a registered provider of social housing”, and(b) for paragraph (a) substitute “to the Regulator of Social Housing”.

In section 489(5A) (self-build societies) for “Housing Corporation” substitute “Regulator of Social Housing”.

In section 506B(9) (transactions with substantial donors: exceptions)—

(a) for “registered social landlord or housing association”, in both places it appears, substitute “relevant housing provider”, and(b) in paragraph (a) after “body” insert “which is a non-profit registered provider of social housing or which is”.Taxation of Chargeable Gains Act 1992 (c. 12)

The Taxation of Chargeable Gains Act 1992 is amended as follows.

(1) Section 218 (disposals of land between the Housing Corporation, Secretary of State or Scottish Homes and housing associations) is amended as follows.

(2) For “the Housing Corporation”, wherever appearing, substitute “the Regulator of Social Housing”.

(3) For “the Corporation”, wherever appearing, substitute “the Regulator”.

(4) In subsection (1)(a) after “Housing Associations Act 1985” insert “, or in accordance with a requirement imposed under section 251 of the Housing and Regeneration Act 2008,”.

(5) In the heading to the section, and in the italic heading before it, for “Housing Corporation,” substitute “Regulator of Social Housing,”.

(1) Section 219 (disposals by Housing Corporation, the Secretary of State, Scottish Homes and certain housing associations) is amended as follows.

9 July 2008 : Column 798

(2) In subsection (1)—

(a) in paragraphs (a), (c) and (d) for “the Corporation” substitute “a housing regulator”,(b) for “relevant housing association” and “association”, wherever appearing, substitute “relevant housing provider”,(c) in paragraph (c) after “given under” insert “section 166 of the Housing and Regeneration Act 2008,”, and(d) in the words after paragraph (d) for “the Corporation”, wherever appearing, substitute “the housing regulator”.

(3) In subsection (2)—

(a) for ““the Corporation” means the Housing Corporation” substitute ““housing regulator” means the Regulator of Social Housing”, and(b) for the definition of “relevant housing association” substitute—

““relevant housing provider” means—

(a) a non-profit registered provider of social housing,(b) a registered social landlord within the meaning of Part 1 of the Housing Act 1996, or(c) a body registered in the register maintained under section 57 of the Housing (Scotland) Act 2001.”

(4) For the heading substitute “Disposals by housing related bodies”.

(1) Section 259 (gifts to housing associations) is amended as follows.

(2) In subsection (1)(a) for “relevant housing association” substitute “relevant housing provider”.

(3) In subsections (1)(b) and (2) for “association”, wherever appearing, substitute “relevant housing provider”.

(4) For subsection (3) substitute—

“(3) In this section “relevant housing provider” means—

(a) a non-profit registered provider of social housing, (b) a registered social landlord within the meaning of Part 1 of the Housing Act 1996,(c) a body registered in the register maintained under section 57 of the Housing (Scotland) Act 2001, or(d) a registered housing association within the meaning of Part 2 of the Housing (Northern Ireland) Order 1992.””

Schedule 9, page 205, line 12, at end insert—

“Finance Act 2003 (c. 14)

The Finance Act 2003 is amended as follows.

(1) Section 71 (certain acquisitions by registered social landlord exempt from charge to stamp duty land tax) is amended as follows.

(2) In subsections (1), (2) and (3) for “registered social landlord”, wherever appearing, substitute “relevant housing provider”.

(3) After subsection (1) insert—

“(1A) In this section “relevant housing provider” means—

(a) a non-profit registered provider of social housing, or(b) a registered social landlord.”

(1) Paragraph 2 of Schedule 3 (stamp duty land tax: transactions exempt from charge) is amended as follows.

(2) In sub-paragraphs (1) and (2) for “registered social landlord” and “landlord”, wherever appearing, substitute “relevant housing provider”.

(3) After sub-paragraph (2) insert—

“(2A) A “relevant housing provider” means—

(a) a non-profit registered provider of social housing, or(b) a registered social landlord.”

(1) Schedule 9 (stamp duty land tax: right to buy, shared ownership leases etc.) is amended as follows.

9 July 2008 : Column 799

(2) In paragraph 1(3)—

(a) for “The Housing Corporation” substitute “The Regulator of Social Housing”, and(b) after “The Northern Ireland Housing Executive” insert—

“A non-profit registered provider of social housing”.

(3) In paragraph 1(5) after “social landlord” insert “or registered provider of social housing”.

(4) After paragraph 1(5) insert—

“(6) A grant under section 22 of the Housing and Regeneration Act 2008 which—

(a) is made by virtue of section 38 of that Act, or(b) is otherwise made to a relevant provider of social housing (within the meaning of section 38 of that Act) in respect of discounts given by the provider on disposals of dwellings to tenants,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.””

Schedule 9, page 205, line 15, at end insert—

“Income Tax Act 2007 (c. 3)

In section 555 of the Income Tax Act 2007 (transactions with substantial donors: exceptions)—

(a) in subsections (2) and (3) for “registered social landlord or housing association” substitute “relevant housing provider”, and(b) in subsection (3) after “body” insert “which is a non-profit registered provider of social housing or which is”.”

On Question, amendments agreed to.

Lord Dixon-Smith moved Amendment No. 158:

Before Clause 277, insert the following new Clause—

“Abolition of home information packs

(1) Sections 148 to 170 of the Housing Act 2004 (c. 34) are repealed.

(2) A person who is selling a residential property must supply the purchaser with information about the energy efficiency of the property.

(3) The Secretary of State may make regulations prescribing the particular information which is required or authorised to be included in, or which is to be excluded from, such energy efficiency information and all other incidental matters relating to it.”

The noble Lord said: My Lords, we return to the subject of the home information packs. The noble Lord, Lord Graham, appears surprised but I do not see why. We have moved forward 10 days since we last debated the matter. In that debate I reported that the home information packs, which were introduced as a frightfully good idea without adequate testing, had produced a very negative result. Eight out of 10 sellers do not think that the home information pack has been any help to them in selling their property, and nor did 70 per cent of them think that it had made doing so more efficient. Curiously enough, 55 per cent of buyers did not think that it had speeded up or helped the process either.

Only a few months ago, we had the report from Sir Bryan Carsberg which took a careful look at what had happened to the home information packs and the housing market. His conclusions are highly critical. He said that the home information pack had been watered down and now appeared to consist of very little information. None the less, it still costs much the same. He said that,

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