Housing and Regeneration Act 2008

Part 1 — The Homes and Communities Agency

Chapter 1 — General

Establishment and constitution

1

• (1) There shall be a body corporate known as the Homes and Communities Agency (“the HCA”).

• (2) Schedule 1 (which makes further provision about the HCA) has effect.

Restriction of “registered social landlord” system to Wales

2

• (1) The objects of the HCA are—

• (a) to improve the supply and quality of housing in England,

• (b) to secure the regeneration or development of land or infrastructure in England,

• (c) to support in other ways the creation, regeneration or development of communities in England or their continued well-being, and

• (d) to contribute to the achievement of sustainable development and good design in England,

with a view to meeting the needs of people living in England.

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In subsection (1)—

• “ England ” does not include Greater London;

• “ good design ” includes design which has due regard to the needs of elderly persons and disabled persons,

• “ needs ” includes future needs,

and the reference to improving the supply of housing includes a reference to improving the supply of particular kinds of housing.

• (3) In this Part—

• “ building ” means a building or other structure (including a house-boat or caravan),

• “ caravan ” has the meaning given by section 29(1) of the Caravan Sites and Control of Development Act 1960 (c. 2),

• “ housing ” means a building, or part of a building, occupied or intended to be occupied as a dwelling or as more than one dwelling; and includes a hostel which provides temporary residential accommodation,

• “ infrastructure ” includes— water, electricity, gas, electronic communications, sewerage or other services,roads or other transport facilities,retail or other business facilities,health, educational, employment or training facilities,social, religious or recreational facilities,cremation or burial facilities, andcommunity facilities not falling within paragraphs (a) to (f),

• “ land ” includes housing or other buildings (and see also the definition in Schedule 1 to the Interpretation Act 1978 (c. 30)),

and references to housing include (where the context permits) any yard, garden, outhouses and appurtenances belonging to, or usually enjoyed with, the building or part of building concerned.

• (4) See also sections 19(5) (financial assistance), 44 (local government involvement) and 52 (role of the HCA in relation to certain former functions of the Commission for the New Towns).

Principal powers

3

The HCA may do anything it considers appropriate for the purposes of its objects or for purposes incidental to those purposes.

Review of determination of value

4

• (1) This Part contains various specific powers of the HCA.

• (2) The specific powers of the HCA (whether contained in this Part or elsewhere) are to be exercised for the purposes of its objects or for purposes incidental to those purposes.

• (3) Each power may be exercised separately or together with, or as part of, another power.

• (4) Each power does not limit the scope of another power.

• (5) Each power does not limit the scope of the powers conferred by section 3.

• (6) But—

• (a) subsections (2) and (3) do not apply to the HCA in its capacity as a local planning authority by virtue of sections 13 and 14 or in its exercise of other functions by virtue of those sections,

• (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

• (b) the powers conferred by section 3 must not be used to override a restriction imposed on the exercise of a specific power.

Chapter 2 — Land and infrastructure

General

Requirements to co-operate in relation to certain disposals of land

5

• (1) The HCA may provide housing or other land.

• (2) The HCA may facilitate the provision of housing or other land.

• (3) In this section “provide” includes provide by way of acquisition, construction, conversion, improvement or repair (and “provision” is to be read in the same way).

Approved lending institutions

6

• (1) The HCA may regenerate or develop land.

• (2) The HCA may bring about the more effective use of land.

• (3) The HCA may facilitate—

• (a) the regeneration or development of land, or

• (b) the more effective use of land.

Protected mobile home sites to include sites for gypsies and travellers

7

• (1) The HCA may provide infrastructure.

• (2) The HCA may facilitate the provision of infrastructure.

• (3) In this section “provide” includes provide by way of acquisition, construction, conversion, improvement or repair (and “provision” is to be read in the same way).

Powers to deal with land etc.

Powers to deal with land etc.

8

The HCA may carry out, or facilitate the carrying out of, any of the following activities in relation to land—

• (a) acquiring, holding, improving, managing, reclaiming, repairing or disposing of housing,

• (b) acquiring, holding, improving, managing, reclaiming, repairing or disposing of other land, plant, machinery, equipment or other property, and

• (c) carrying out building and other operations (including converting or demolishing buildings).

Financial assistance for information and other services

9

• (1) The HCA may acquire land by agreement.

• (2) The HCA may acquire land compulsorily if the Secretary of State authorises it to do so.

• (3) The power of acquiring land compulsorily under subsection (2) includes power to acquire new rights over land.

• (4) Subsection (5) applies where—

• (a) land or new rights over land are being acquired compulsorily under subsection (2), and

• (b) the land which is being acquired, or over which new rights are being acquired, forms part of a common, open space or allotment.

• (5) The power under subsection (2) to acquire land compulsorily includes the power to acquire land compulsorily for giving in exchange for the land or (as the case may be) new rights mentioned in subsection (4)(a).

• (6) Schedule 2 (which makes further provision in relation to the acquisition of land by the HCA) has effect.

• (7) In this Part—

• “allotment” means a fuel or field garden allotment,

• “common” has the meaning given by section 19(4) of the Acquisition of Land Act 1981 (c. 67),

• “open space” means any land which is—laid out as a public garden,used for the purposes of public recreation, ora disused burial ground.

Restrictions on disposal of land

10

• (1) The HCA may not dispose of land for less than the best consideration which can reasonably be obtained unless the Secretary of State consents.

• (2) Subsection (1) does not apply to a disposal by way of a short tenancy if the disposal consists of—

• (a) the grant of a term of not more than 7 years, or

• (b) the assignment of a term which, at the date of assignment, has not more than 7 years to run.

• (3) The HCA may not dispose of land which has been compulsorily acquired by it under this Part unless the Secretary of State consents.

• (4) Subject as above, the HCA may dispose of land held by it in any way it considers appropriate.

Powers in relation to acquired land

Main powers in relation to acquired land

11

Schedule 3 (which makes provision about powers in relation to land acquired by the HCA) has effect.

Powers in relation to, and for, statutory undertakers

12

Schedule 4 (which provides for powers in relation to, and for, statutory undertakers) has effect.

Planning

Power of Secretary of State to make designation orders

13

• (1) The Secretary of State may by order designate an area in England outside Greater London if the Secretary of State considers that—

• (a) the area is suitable for development, and

• (b) it is appropriate for the HCA to be the local planning authority for the whole or any part of the area—

• (i) for particular permitted purposes, and

• (ii) in relation to particular kinds of development.

• (2) In deciding whether it is appropriate for the HCA to be the local planning authority as mentioned in subsection (1)(b), the Secretary of State must, in particular, be satisfied that making the designation order is likely to improve the effectiveness with which the functions of the local planning authority for the area or part are discharged.

• (3) The Secretary of State must, before making a designation order—

• (a) publish—

• (i) a draft of the order, and

• (ii) the Secretary of State's reasons for making the order, and

• (b) consult the persons mentioned in subsection (4).

• (4) The persons are—

• (a) every local authority any part of whose area is intended to be included in the proposed designated area,

• (b) any person, other than a local authority, who is the local planning authority for the proposed designated area or any part of it,

• (c) such persons which appear to the Secretary of State to represent the interests of local authorities as the Secretary of State considers appropriate, and

• (d) persons who reside or carry on business in the proposed designated area.

• (5) In this Part—

• “designated area” means an area designated by a designation order,

• “designation order” means an order under this section,

• “local planning authority”, in relation to a designation order or proposed designation order, means—so far as the order relates to permitted purposes under Part 2 or 3 of the Planning and Compulsory Purchase Act 2004 (c. 5), the local planning authority within the meaning of that Part of that Act, andin any other case, the local planning authority within the meaning of Part 1 of the Town and Country Planning Act 1990 (c. 8),

• “permitted purposes” means any purposes of—the Town and Country Planning Act 1990 (other than section 137A, Parts 9 and 13, and sections 325A, 329A and 330A, of that Act),the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) (other than section 32A, Chapter 5 of Part 1, and sections 82A to 82F and 88C, of that Act), andPart 2 or 3 of the Planning and Compulsory Purchase Act 2004 , andPart 8 of the Planning Act 2008,

and references to a designated area, in the case of an area whose boundaries have been amended by an order made under this section by virtue of section 14 of the Interpretation Act 1978 (c. 30), are to be read as references to the designated area as so amended.

• (5A) The fact that the purposes of Part 13 of the Town and Country Planning Act 1990 are not permitted purposes does not affect the construction of references to the local planning authority to which an application could have been made in sections 293B to 293J in the Part.

• (6) In this section “local authority” means a county council in England or, a district council ....

Contents of designation orders

14

• (1) A designation order may contain provisions of the following kind.

• (2) The order may provide for the HCA to be the local planning authority for the whole or any part of the designated area—

• (a) for specified permitted purposes, and

• (b) in relation to specified kinds of development.

• (3) The order may provide that where the HCA is the local planning authority for the whole or any part of the designated area it is to have—

• (a) in relation to the whole or any part of the designated area, and

• (b) subject to any specified modifications,

specified relevant functions conferred by or under specified planning-related provisions.

• (4) An order which makes provision of the kind mentioned in subsection (2) may make provision about the application of enactments relating to local planning authorities to the HCA in its capacity as the local planning authority by virtue of the order.

• (5) An order which makes provision of the kind mentioned in subsection (3)—

• (a) may provide for the HCA to have the functions concerned instead of, or concurrently with, other persons who have them,

• (b) may make provision about the application to the HCA of enactments relating to the functions concerned.

• (6) Provision made by virtue of subsection (4) or (5), or section 320(1)(d) in its application to an order of a kind falling within this section, may, in particular, provide that any enactment—

• (a) is to apply to the HCA without modification,

• (b) is to apply to it subject to specified modifications.

• (7) In this section—

• “planning-related provisions” means—Chapter 1 of Part 6 (other than section 137A), and sections 188 and 330, of the Town and Country Planning Act 1990 (c. 8),sections 32 and 33 to 37, 54 and 55 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9), andthe Planning (Hazardous Substances) Act 1990 (c. 10) (other than sections 30A to 31A and 36C of that Act),

• “relevant functions” means functions of—a district council, ... or any other body which is a local authority within the meaning of the Town and Country Planning Act 1990,a district planning authority (within the meaning of that Act), ora hazardous substances authority (within the meaning of the Planning (Hazardous Substances) Act 1990),

• “specified”, in relation to a designation order, means specified or described in the order.

HCA as local planning authority: local involvement

15

• (1) Subsections (2) to (6) apply where a designation order provides for the HCA to be the local planning authority for the whole or any part of the designated area.

• (2) The HCA must prepare and publish a statement of local involvement.

• (3) The statement of local involvement is a statement of the HCA's policy as to the extent to which it intends to involve persons mentioned in subsection (4) in relation to the exercise by the HCA of functions conferred on it by virtue of the designation order.

• (4) The persons are—

• (a) every local authority for the designated area or any part of the area in relation to which a function is to be exercised, and

• (b) persons appearing to the HCA to have special knowledge or experience of matters relevant to functions to be exercised in relation to the area or part.

• (5) The HCA must—

• (a) keep the statement under review, and

• (b) publish any revision of it.

• (6) In deciding its policy about the extent of involvement of persons mentioned in subsection (4), the HCA must, in particular, have regard to—

• (a) the benefits that it might receive from their knowledge and experience, and

• (b) the nature of the functions concerned.

• (7) Subsection (8) applies where—

• (a) the HCA establishes a committee for the purpose of exercising functions conferred on the HCA by virtue of a designation order,

• (b) such a committee establishes a sub-committee for such a purpose, or

• (c) a new or replacement member is to be appointed to such a committee or sub-committee.

• (8) The HCA must—

• (a) inform every local authority for the designated area or any part of the area in relation to which the functions are to be, or are being, exercised of—

• (i) the establishment of the committee or sub-committee concerned, or

• (ii) (as the case may be) the proposed appointment, and

• (b) invite the authority to suggest one or more candidates for membership of the committee or (as the case may be) sub-committee.

• (9) In this section “local authority” has the same meaning as in section 13.

Regional planning

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other powers etc. in relation to land

Power to enter and survey land

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 17: supplementary

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 3 — Financial provision

Powers to give financial assistance

Financial assistance

19

• (1) The HCA may, with the consent of the Secretary of State, give financial assistance to any person.

• (1A) But the HCA must not give financial assistance in contravention of a direction given by the Regulator of Social Housing under section 100G.

• (2) Financial assistance under this section may be given in any form.

• (3) Financial assistance under this section may, in particular, be given by way of—

• (a) grants,

• (b) loans,

• (c) guarantee or indemnity,

• (d) investment, or

• (e) incurring expenditure for the benefit of the person assisted.

• (4) Financial assistance under this section may be given on such terms and conditions as the HCA considers appropriate (including provision for repayment, with or without interest).

• (5) The objects of the HCA are not to be read as preventing the HCA from exercising functions in relation to financial assistance (whether under this section or otherwise) which—

• (a) are transferred to the HCA from the Housing Corporation by virtue of this Act, or

• (b) would supersede functions of the Housing Corporation,

in ways corresponding to those in which the Housing Corporation could have exercised its functions.

• (6) See also sections 31 to 35 (further provision about certain types of financial assistance: social housing).

Borrowing powers of the HCA

Powers to borrow

20

• (1) The HCA may, for the purpose of what it considers to be the short-term management of its finances, borrow from any person by way of overdraft or otherwise.