Housing and Regeneration Act 2008

(3ZA) In its application by virtue of subsection (1)(g) above in relation to the Homes and Communities Agency, section 100E above shall have effect as if— (a) in subsection (2), paragraph (c) was omitted, and (b) in subsection (3), for paragraphs (a) to (c) there were substituted— (a) a committee established under paragraph 6(1) of Schedule 1 to the Housing and Regeneration Act 2008 for the purpose of exercising functions conferred on the Homes and Communities Agency in relation to a designated area by virtue of a designation order; or (b) a sub-committee of such a committee established under paragraph 6(2) of that Schedule to that Act for that purpose. (3ZB) In its application by virtue of subsection (1)(g) above in relation to the Homes and Communities Agency, section 100G(1) above shall have effect as if paragraph (a) was omitted.

• (5) After subsection (4A) insert—

(4B) In this section “designated area” and “designation order” have the same meanings as in Part 1 of the Housing and Regeneration Act 2008.

16

In section 100K (interpretation and application of Part 5A) in the definition of “committee or sub-committee of a principal council” at the end insert “ (and see section 100J(3ZA)(b) above) ”.

Land Compensation Act 1973 (c. 26)

17

• (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 52(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.

Local Government Act 1974 (c. 7)

18

• (1) The Local Government Act 1974 is amended as follows.

• (2) In section 25(1) (authorities subject to investigation)—

• (a) omit paragraph (ba), and

• (b) in paragraph (bf), for “Urban Regeneration” substitute “ Homes and Communities ”.

• (3) In section 26(7) (matters subject to investigation)—

• (a) omit paragraph (a), and

• (b) in paragraph (ba)—

• (i) for “Urban Regeneration” substitute “ Homes and Communities ”, and

• (ii) for “Part III of the Leasehold Reform, Housing and Urban Development Act 1993” substitute “ Part 1 of the Housing and Regeneration Act 2008 ”.

• (4) In paragraph 8 of Schedule 5 (matters not subject to investigation) for “Urban Regeneration” substitute “ Homes and Communities ”.

House of Commons Disqualification Act 1975 (c. 24)

19

• (1) Part 2 of Schedule 1 to the House of Commons 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 entries relating to—

• (a) the Commission for the New Towns, and

• (b) the Urban Regeneration Agency.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

20

• (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.

Race Relations Act 1976 (c. 74)

21

• (1) Schedule 1A to the Race Relations Act 1976 (bodies and other persons subject to general statutory duty) is amended as follows.

• (2) In Part 1, after paragraph 52, insert—

(52A) The Homes and Communities Agency.

• (3) In Part 2, omit the entry relating to English Partnerships.

Rent (Agriculture) Act 1976 (c. 80)

22

• (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 52(1)(a) to (d) of the Housing and Regeneration Act 2008.

Rent Act 1977 (c. 42)

23

• (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 52(1)(a) to (d) of the Housing and Regeneration Act 2008.

Protection from Eviction Act 1977 (c. 43)

24

• (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 52(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)

25

The Local Government, Planning and Land Act 1980 is amended as follows.

26

In section 4(4) (power to direct bodies to publish information) omit paragraph (b).

27

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 52(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).

28

In section 99(4)(e) (directions to dispose of land: supplementary) omit “the Commission for the New Towns,”.

29

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 “ 42 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) ”.

30

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 “ 42 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) ”.

31

In Schedule 16 (bodies to whom Part 10 applies) omit paragraph 6.

Highways Act 1980 (c. 66)

32

• (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 52(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)

33

• (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)

34

• (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 52(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.

Housing Act 1985 (c. 68)

35

In Schedule 5 to the Housing Act 1985 (exceptions to the right to buy) in paragraph 3, at the end insert “ , or section 19 of the Housing and Regeneration Act 2008 (financial assistance) which was a grant made on condition that the housing association provides social housing (and “provides social housing” has the same meaning as in Part 1 of that Act). ”

Landlord and Tenant Act 1985 (c. 70)

36

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 52(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;

.

Landlord and Tenant Act 1987 (c. 31)

37

The Landlord and Tenant Act 1987 is amended as follows.

38

In section 21(3)(a) (tenant's right to apply to tribunal for appointment of manager)—

• (a) after “by” insert

— (i)

, and

• (b) after “resident landlord,” insert

or (ii) the Welsh Ministers in their new towns residuary capacity,

.

39

In section 29(7)(a) (conditions for making acquisition orders)—

• (a) after “by” insert

— (i)

, and

• (b) after “resident landlord,” insert

or (ii) the Welsh Ministers in their new towns residuary capacity,

.

40

In section 58(1) (exempt landlords and resident landlords)—

• (a) in paragraph (b) omit “the Commission for the New Towns or”, and

• (b) after paragraph (de) insert—

(df) the Homes and Communities Agency;

.

41

In section 60 (general interpretation) after subsection (1) insert—

(1A) In this Act a reference to the Welsh Ministers in their new towns residuary capacity 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.

Income and Corporation Taxes Act 1988 (c. 1)

42

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;

.

Local Government Act 1988 (c. 9)

43

In Schedule 2 to the Local Government Act 1988 (public supply or works contracts: public authorities) for “The Commission for the New Towns.” substitute— “ 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 52(1)(a) to (d) of the Housing and Regeneration Act 2008. ”

Housing Act 1988 (c. 50)

44

The Housing Act 1988 is amended as follows.

45

In the italic heading before section 50 omit “: functions of Relevant Authority”.

46

Omit sections 50 (housing association grants) and 51 (revenue deficit grants).

47

• (1) Section 52 (recovery etc. of grants) is amended as follows.

• (2) For “Relevant Authority”, wherever it appears, substitute “ appropriate authority ”.

• (3) In subsections (1) and (5)(b) for “housing association which is a registered social landlord” substitute “ relevant housing association ”.

• (4) After subsection (9) insert—

(9A) In this section and sections 53 and 54— - “the appropriate authority”— 1. in relation to an English relevant housing association, means the Homes and Communities Agency, and 2. in relation to a Welsh relevant housing association, means the Welsh Ministers, - “relevant housing association” means— 1. a housing association which is a registered provider of social housing (“an English relevant housing association”), and 2. a housing association which is a registered social landlord (“a Welsh relevant housing association”). (9B) In this section a reference to registration as a provider of social housing, so far as the context permits, is to be construed as including, in relation to times, circumstances and purposes before the commencement of section 111 of the Housing and Regeneration Act 2008, a reference to registration under— (a) Part 1 of the Housing Act 1996, (b) Part 1 of the 1985 Act, or (c) any corresponding earlier enactment.

48

• (1) Section 53 (determinations under Part 2) is amended as follows.

• (2) In subsection (2) for “Housing Corporation” substitute “ Homes and Communities Agency ”.

• (3) In subsection (3) for “Relevant Authority”, in both places where it appears, substitute “ appropriate authority ”.

• (4) In subsection (4) for “any provision of sections 50 to” substitute “ section ”.

49

In section 54(2)(a) (tax relief grants) for “a registered social landlord” substitute “ a relevant housing association ”.

50

In section 59(1A) (interpretation of Part 2 etc.) for “50” substitute “ 52 ”.

Local Government and Housing Act 1989 (c. 42)

51

In section 172(8) of the Local Government and Housing Act 1989 (transfers of new town housing stock) in the definition of “new town corporation” omit “the Commission for the New Towns or”.

Town and Country Planning Act 1990 (c. 8)

52

• (1) Section 8A of the Town and Country Planning Act 1990 (the Urban Regeneration Agency) is amended as follows.

• (2) In the heading for “Urban Regeneration” substitute “ Homes and Communities ”.

• (3) In subsection (1)—

• (a) for “section 170 of the Leasehold Reform, Housing and Urban Development Act 1993” substitute “ section 13 of the Housing and Regeneration Act 2008 ”,

• (b) for “subsection (1) of section 171” substitute “ section 14(2) ”, and

• (c) for “Urban Regeneration” substitute “ Homes and Communities ”.

• (4) Omit subsection (2).

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

53

In Schedule 4 to the Planning (Listed Buildings and Conservation Areas) Act 1990 (further provisions as to exercise of functions by different authorities), in paragraph 2, for “and housing action areas” substitute “ , housing action areas and areas for which the Homes and Communities Agency is the local planning authority ”.

Planning (Hazardous Substances) Act 1990 (c. 10)

54

In section 3 of the Planning (Hazardous Substances) Act 1990 (hazardous substances authorities: special cases) for subsection (5A) substitute—

(5A) The power to make a designation order under section 13 of the Housing and Regeneration Act 2008 which contains provision of the kind mentioned in section 14(3) of that Act does not extend to providing for the Homes and Communities Agency to be the hazardous substances authority (whether instead of, or concurrently with, a county council) in relation to land to which subsection (1) above applies. (5B) Subject to this, section 1 and this section are subject to any provision made by such an order.

Water Industry Act 1991 (c. 56)

55

The Water Industry Act 1991 is amended as follows.

56

In section 41(2)(d)(i) (power to require the provision of a water main) for “Commission for the New Towns” substitute “ new towns residuary body ”.

57

In section 97(5) (performance of sewerage undertaker's functions by local authorities etc.)—

• (a) in the definition of “relevant area” for paragraph (b) substitute—

(b) in relation to the English new towns residuary body, means any new town in England; (ba) in relation to the Welsh new towns residuary body, means any new town in Wales;

, and

• (b) in the definition of “relevant authority” in paragraph (b) for “Commission for the New Towns” substitute “ new towns residuary body ”.

58

In section 98 (power to require the provision of a public sewer etc.)—

• (a) in subsection (2)(d)(i) for “Commission for the New Towns” substitute “ new towns residuary body ”, and

• (b) in subsection (2A)(d)(i) for “Commission for the New Towns” substitute “ new towns residuary body ”.

59

In section 219(1) (general interpretation) after the definition of “navigation authority” insert—

“new towns residuary body” means— (a) in relation to a new town in 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 52(1)(a) or (b) of the Housing and Regeneration Act 2008 (and references to the “English new towns residuary body” are to be read accordingly); and (b) in relation to a new town in 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) or (ii) of the New Towns Act 1981 (and references to the “Welsh new towns residuary body” are to be read accordingly);

.

Water Resources Act 1991 (c. 57)

60

• (1) Section 72 of the Water Resources Act 1991 (interpretation of Chapter 2 of Part 2) is amended as follows.

• (2) In subsection (2)(a)(iii) for “Commission for the New Towns” substitute “ new towns residuary body ”.

• (3) After subsection (2) insert—

(2A) In subsection (2)(a)(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 52(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.

Social Security Administration Act 1992 (c. 5)

61

In section 191 (interpretation: general), in the definition of “new town corporation”, for paragraph (a) (but not the “and” following it) substitute—

(a) in relation to England— (i) a development corporation established under the New Towns Act 1981; or (ii) 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 52(1)(a) to (d) of the Housing and Regeneration Act 2008; (ab) in relation to Wales— (i) a development corporation established under the New Towns Act 1981; and (ii) 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 that Act;

.

Taxation of Chargeable Gains Act 1992 (c. 12)

62

In section 219(1) of the Taxation of Chargeable Gains Act 1992 (disposals by Housing Corporation etc.)—

• (a) in paragraph (a) before “disposes” insert “ or the Homes and Communities Agency ”,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) in the words after paragraph (d)—

• (i) before “, relevant housing” insert “ , the Homes and Communities Agency ”, and

• (ii) before “or, as the case” insert “ , the Homes and Communities Agency ”.

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

63

• (1) The Leasehold Reform, Housing and Urban Development Act 1993 is amended as follows.

• (2) Omit—

• (a) sections 158 to 173, 175, 177 and 183 to 185, and

• (b) Schedules 17 to 20,

(provisions about the Urban Regeneration Agency).

• (3) In section 188(6) (extent etc.) omit paragraph (b) and the “and” before it.

Finance Act 1996 (c. 8)

64

• (1) Section 43A of the Finance Act 1996 (landfill tax in relation to contaminated land) is amended as follows.

• (2) In subsection (5) omit paragraph (e).

• (3) In subsection (6) omit the definition of “English Partnerships”.

Housing Act 1996 (c. 52)

65

• (1) Section 28 of the Housing Act 1996 (grants under sections 50 to 54 of the Housing Act 1988) is amended as follows.

• (2) Omit subsections (1), (2) and (6).

• (3) In the heading for “ss 50 to 54” substitute “ Part 2 ”.

Regional Development Agencies Act 1998 (c. 45)

66

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

67

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

68

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

69

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

70

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

71

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

Greater London Authority Act 1999 (c. 29)

72

The Greater London Authority Act 1999 is amended as follows.

73

• (1) Section 333A (the London housing strategy) is amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In subsection (8)(a) for “Housing Corporation” substitute “ Homes and Communities Agency ”.

• (5) In subsection (10)—

• (a) for the definition of “housing grant” substitute—

“housing financial assistance” means financial assistance given under section 19 of the Housing and Regeneration Act 2008 in connection with the provision of housing accommodation;

,

• (b) after the definition of “local housing authority” insert—

“provide”, in relation to houses or housing accommodation, includes— (a) provide by way of acquisition, construction, conversion, improvement or repair; and (b) provide indirectly;

, and

• (c) omit the words from “and the reference” to the end.

74

In section 333D (duty to have regard to the London housing strategy)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in subsection (1) for the words from “under” to “Corporation” substitute “ relating to Greater London and conferred by or under Part 1 of the Housing and Regeneration Act 2008 (other than any function conferred by virtue of section 13 or 14 of that Act), the Homes and Communities Agency ”.

75

• (1) Section 408 (transfers of property, rights or liabilities) is amended as follows.

• (2) In subsection (3) omit paragraphs (h) and (i).

• (3) Omit subsection (6).

76

In section 409 (transfer schemes) omit subsection (5).

Freedom of Information Act 2000 (c. 36)

77

• (1) Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities) is amended as follows.

• (2) Insert at the appropriate place— “ The Homes and Communities Agency. ”

• (3) Omit the entries relating to—

• (a) the Commission for the New Towns, and

• (b) the Urban Regeneration Agency.

Finance Act 2003 (c. 14)

78

The Finance Act 2003 is amended as follows.

79

In section 71(4) (certain acquisitions by registered social landlord exempt from charge to stamp duty land tax) after paragraph (c) insert—

(ca) under section 19 of the Housing and Regeneration Act 2008 (financial assistance by the Homes and Communities Agency),

.

80

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

• (2) In paragraph 1(3)—

• (a) after “and development corporations” insert “ etc. ”, and

• (b) for “Commission for the New Towns” substitute “ Homes and Communities Agency ”.

• (3) In paragraph 5(2) for paragraph (e) substitute—

(e) the Homes and Communities Agency;

.

Planning and Compulsory Purchase Act 2004 (c. 5)

81

In section 37 of the Planning and Compulsory Purchase Act 2004 (interpretation of Part 2), after subsection (5), insert—

(5A) Subsection (4) must also be construed subject to any designation order under section 13 of the Housing and Regeneration Act 2008 (power to make designation orders) providing that the Homes and Communities Agency is to be the local planning authority— (a) for an area specified in the order, and (b) for all purposes of this Part or any such purposes so specified. (5B) Where such an order makes such provision, the Homes and Communities Agency is the local planning authority for the area and the purposes concerned in place of any authority who would otherwise be the local planning authority for that area and those purposes.

Finance Act 2004 (c. 12)

82

In section 59(1)(f) of the Finance Act 2004 (contractors) for “Commission for the New Towns” substitute “ Homes and Communities Agency ”.

Local Government and Public Involvement in Health Act 2007 (c. 28)

83

In section 104(4) of the Local Government and Public Involvement in Health Act 2007 (partner authorities), after paragraph (e), insert—

(ea) the Homes and Communities Agency;

.

SCHEDULE 9

Public Records Act 1958 (c. 51)

1

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

Parliamentary Commissioner Act 1967 (c. 13)

2

• (1) Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) is amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Omit the entry for the Housing Corporation.

House of Commons Disqualification Act 1975 (c. 24)

3

• (1) Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) is amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Omit the entry for the Housing Corporation.

Race Relations Act 1976 (c. 74)

4

In paragraph 52 of Part 1 of Schedule 1A to the Race Relations Act 1976 (bodies and other persons subject to general statutory duty) for “Housing Corporation” substitute “Office for Tenants and Social Landlords”.

Interpretation Act 1978 (c. 30)

5

In Schedule 1 to the Interpretation Act 1978 (defined expressions) at the appropriate place insert—

“Registered provider of social housing” has the meaning given by section 80(2) of the Housing and Regeneration Act 2008 (and “non-profit” and “profit-making” in connection with a provider have the meanings given by section 115 of that Act).

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

6

In Schedule 16 to the Local Government, Planning and Land Act 1980 (bodies to whom Part X applies) for paragraph 9 substitute—

(9) The Regulator of Social Housing.

Inheritance Tax Act 1984 (c. 51)

7

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;

.

Housing Associations Act 1985 (c. 69)

8

The Housing Associations Act 1985 is amended as follows.

9

• (1) Section 9 (control by Corporation of disposals of land by housing associations) is amended as follows.

• (2) In subsection (1A)—

• (a) for “the relevant Corporation”, in both places, substitute “the relevant regulator”, and

• (b) for paragraphs (a) to (c) substitute—

(a) if the land is in England, the Regulator of Social Housing, and (b) if the land is in Wales, the Welsh Ministers.

• (3) For subsection (6) substitute—

(6) Consent under this section must be in writing.

• (4) For the heading substitute “Control of disposals by unregistered housing associations”.

10

• (1) Section 10 (dispositions excepted from section 9) is amended as follows.

• (2) In subsection (1) for paragraphs (a) to (c) substitute—

(a) in the case of dispositions of land in England, the Regulator of Social Housing, and (b) in the case of dispositions of land in Wales, the Welsh Ministers.

• (3) Omit subsection (2)(e) and the “or” before it.

Income and Corporation Taxes Act 1988 (c. 1)

11

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

12

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

(k) the Regulator of Social Housing,

.

13

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”.

14

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

15

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)

16

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

17

• (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 253 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,”.

18

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

• (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 167 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”.

19

• (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.

Audit Commission Act 1998 (c. 18)

20

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21

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22

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23

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24

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25

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26

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27

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

Freedom of Information Act 2000 (c. 36)

28

• (1) Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities) is amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Omit the entry for the Housing Corporation.

Finance Act 2003 (c. 14)

29

The Finance Act 2003 is amended as follows.

30

• (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.

31

• (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.

32

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

• (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 19 of the Housing and Regeneration Act 2008 which— (a) is made by virtue of section 35 of that Act, or (b) is otherwise made to a relevant provider of social housing (within the meaning of section 35 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.”

Finance Act 2004 (c. 12)

33

In section 59(1)(h) of the Finance Act 2004 (contractors) for “Housing Corporation” substitute “ Regulator of Social Housing ”.

Income Tax Act 2007 (c. 3)

34

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

SCHEDULE 10

Contents of notice

1

A penalty charge notice given to a person under section 285 by an officer of an enforcement authority must—

• (a) state the officer's belief that the person has committed a breach of duty,

• (b) give such particulars of the circumstances as may be necessary to give reasonable notice of the breach of duty,

• (c) require the person, within a period specified in the notice—

• (i) to pay a penalty charge specified in the notice, or

• (ii) to give notice to the enforcement authority that the person wishes the authority to review the notice,

• (d) state the effect of paragraph 7,

• (e) specify the person to whom, and the address at which, the penalty charge may be paid and the method or methods by which payment may be made, and

• (f) specify the person to whom, and the address at which, a notice requesting a review may be sent (and to which any representations relating to the review may be addressed).

2

The penalty charge specified in the notice shall be of such amount (not exceeding £1,000) as may be prescribed for the time being by regulations made by the appropriate national authority.

3

• (1) The period specified under paragraph 1(c) must not be less than 28 days beginning with the day after that on which the penalty charge notice was given.

• (2) The enforcement authority may extend the period for complying with the requirement mentioned in paragraph 1(c) in any particular case if it considers it appropriate to do so.

Review and withdrawal of notice

4

• (1) Sub-paragraph (2) applies if, within the period specified under paragraph 1(c) (or that period as extended under paragraph 3(2)), the recipient of the penalty charge notice gives notice to the enforcement authority requesting a review.

• (2) The enforcement authority must—

• (a) consider any representations made by the recipient and all other circumstances of the case,

• (b) decide whether to confirm or withdraw the notice, and

• (c) give notice of its decision to the recipient.

• (3) A notice under sub-paragraph (2)(c) confirming the penalty charge notice must also state the effect of paragraph 6(1) to (4).

• (4) The enforcement authority must withdraw the penalty charge notice if it is not satisfied of one (or more) of the following—

• (a) that the recipient committed the breach of duty specified in the notice,

• (b) that the notice was given within the time allowed by section 285(2) and complies with the other requirements imposed by virtue of this Schedule, or

• (c) that, in the circumstances of the case, it was appropriate for a penalty charge notice to be given to the recipient.

5

The enforcement authority may give the recipient of a penalty charge notice a notice withdrawing the penalty charge notice if the authority considers that the penalty charge notice ought not to have been given.

Appeals

6

• (1) The recipient of a penalty charge notice may appeal to the county court against the notice if the notice is confirmed by the enforcement authority after a review.

• (2) The appeal must be made within the period of 28 days beginning with the day after that on which the notice under paragraph 4(2)(c) is given.

• (3) The county court may extend the period for appealing against the notice.

• (4) An appeal must be on one (or more) of the following grounds—

• (a) that the recipient did not commit the breach of duty specified in the penalty charge notice,

• (b) that the notice was not given within the time allowed by section 285(2) or does not comply with any other requirement imposed by virtue of this Schedule, or

• (c) that in the circumstances of the case it was inappropriate for the notice to be given to the recipient.

• (5) An appeal is to be by way of a rehearing.

• (6) On an appeal the court is to uphold the notice or quash it.

Recovery of penalty charge

7

• (1) The amount of the penalty charge is recoverable from the recipient of the penalty charge notice as a debt owed to the enforcement authority unless—

• (a) the notice has been withdrawn or quashed, or

• (b) the charge has been paid.

• (2) Proceedings for the recovery of the penalty charge may not be started before the end of the period mentioned in paragraph 4(1).

• (3) Sub-paragraph (4) applies if, within that period, the recipient of the penalty charge notice gives notice to the enforcement authority that the recipient wishes the authority to review the penalty charge notice.

• (4) Proceedings for the recovery of the penalty charge may not be started—

• (a) before the end of the period mentioned in paragraph 6(2), and

• (b) where the recipient appeals against the penalty charge notice, before the end of the period of 28 days beginning with the day on which the appeal is withdrawn or determined.

8

In proceedings for the recovery of the penalty charge, a certificate which—

• (a) purports to be signed by, or on behalf of, the person having responsibility for the financial affairs of the enforcement authority, and

• (b) states that payment of the penalty charge was, or was not, received by a date specified in the certificate,

is evidence of the facts stated.

Repayments

9

The enforcement authority must repay any amount previously paid as a penalty charge in pursuance of a penalty charge notice if the notice is withdrawn or quashed.

Supplementary

10

• (1) A penalty charge notice and any other notice mentioned in this Schedule may be given by post.

• (2) Any such notice may be given—

• (a) in the case of a body corporate (other than a limited liability partnership), to the secretary or clerk of that body,

• (b) in the case of a limited liability partnership, to any member or to any person having control or management of the partnership business,

• (c) in the case of any other partnership, to any partner or to any person having control or management of the partnership business, and

• (d) in the case of an unincorporated association, to any member or to any person having control or management of the affairs of the association.

11

• (1) The appropriate national authority may by regulations make provision supplementary or incidental to the preceding provisions of this Schedule.

• (2) Such provision may, in particular, include—

• (a) provision prescribing—

• (i) the form of penalty charge notices or any other notice mentioned in this Schedule,

• (ii) circumstances in which penalty charge notices may not be given,

• (iii) the method or methods by which penalty charges may be paid,

• (b) provision about the service of notices.

SCHEDULE 11

Part 1 — Amendments to the Housing Acts of 1985, 1988 and 1996

Housing Act 1985 (c. 68)

1

The Housing Act 1985 is amended as follows.

2

• (1) Section 82 (security of tenure: date on which secure tenancy comes to an end as a result of a possession order etc.) is amended as follows.

• (2) In subsection (1) for “by obtaining an order” substitute “ as ”.

• (3) For subsections (1A) and (2) substitute—

(1A) The tenancy may be brought to an end by the landlord— (a) obtaining— (i) an order of the court for the possession of the dwelling-house, and (ii) the execution of the order, (b) obtaining an order under subsection (3), or (c) obtaining a demotion order under section 82A. (2) In the case mentioned in subsection (1A)(a), the tenancy ends when the order is executed.

3

• (1) Section 85 (extended discretion of court in certain proceedings for possession) is amended as follows.

• (2) In subsection (3)(a) omit the words from “or payments” to “profits),”.

• (3) For subsection (4) substitute—

(4) The court may discharge or rescind the order for possession if it thinks it appropriate to do so having had regard to— (a) any conditions imposed under subsection (3), and (b) the conduct of the tenant in connection with those conditions.

• (4) Omit subsections (5) and (5A).

4

In Schedule 3 (grounds for withholding consent to assignment by way of exchange) for Ground 1 substitute—

The tenant or the proposed assignee is subject to an order of the court for the possession of the dwelling-house of which he is the secure tenant.

Housing Act 1988 (c. 50)

5

The Housing Act 1988 is amended as follows.

6

• (1) Section 5 (security of tenure) is amended as follows.

• (2) For subsection (1) substitute—

(1) An assured tenancy cannot be brought to an end by the landlord except by— (a) obtaining— (i) an order of the court for possession of the dwelling-house under section 7 or 21, and (ii) the execution of the order, (b) obtaining an order of the court under section 6A (demotion order), or (c) in the case of a fixed term tenancy which contains power for the landlord to determine the tenancy in certain circumstances, by the exercise of that power, and, accordingly, the service by the landlord of a notice to quit is of no effect in relation to a periodic assured tenancy. (1A) Where an order of the court for possession of the dwelling-house is obtained, the tenancy ends when the order is executed.

• (3) In subsection (2)(a) after “court” insert “ of the kind mentioned in subsection (1)(a) or (b) or any other order of the court ”.

7

In section 7(7) (possession orders in cases of fixed term tenancies which have come to an end) for “on the day on which the order takes effect” substitute “ in accordance with section 5(1A) ”.

8

• (1) Section 9 (extended discretion of court in possession claims) is amended as follows.

• (2) In subsection (3) omit the words from “or payments” to “profits)”.

• (3) For subsection (4) substitute—

(4) The court may discharge or rescind any such order as is referred to in subsection (2) if it thinks it appropriate to do so having had regard to— (a) any conditions imposed under subsection (3), and (b) the conduct of the tenant in connection with those conditions.

• (4) Omit subsections (5) and (5A).

9

• (1) Section 21 (recovery of possession on expiry or termination of assured shorthold tenancies) is amended as follows.

• (2) In subsection (3) for “on the day on which the order takes effect” substitute “ in accordance with section 5(1A) ”.

• (3) After subsection (4) insert—

(4A) Where a court makes an order for possession of a dwelling-house by virtue of subsection (4) above, the assured shorthold tenancy shall end in accordance with section 5(1A).

Housing Act 1996 (c. 52)

10

The Housing Act 1996 is amended as follows.

11

• (1) Section 127 (introductory tenancies: proceedings for possession) is amended as follows.

• (2) In subsection (1) for the words from “an order” to the end substitute

— (a) an order of the court for the possession of the dwelling-house, and (b) the execution of the order.

• (3) After subsection (1) insert—

(1A) In such a case, the tenancy ends when the order is executed.

• (4) In subsection (2) for “such an order” substitute “ an order of the kind mentioned in subsection (1)(a) ”.

• (5) Omit subsection (3).

12

• (1) Section 130 (introductory tenancies: effect of beginning proceedings for possession) is amended as follows.

• (2) In subsection (2)(a) for the words from “in pursuance of”, where they first appear, to “of the court)” substitute “ in accordance with section 127(1A) ”.

• (3) In subsection (3)(b) for “127(2) and (3)” substitute “ 127(1A) and (2) ”.

13

• (1) Section 143D (demoted tenancies: proceedings for possession) is amended as follows.

• (2) In subsection (1) for the words from “an order” to the end substitute

— (a) an order of the court for the possession of the dwelling-house, and (b) the execution of the order.

• (3) After subsection (1) insert—

(1A) In such a case, the tenancy ends when the order is executed.

• (4) Omit subsection (3).

Transitional provisions

14

• (1) Subject as follows, this Part of this Schedule does not apply to any possession order made before the commencement date.

• (2) This Part of this Schedule does apply to a possession order made before the commencement date if the order applies to—

• (a) a new tenancy by virtue of paragraph 20, or

• (b) a tenancy which has not ended pursuant to the order before that date.

• (3) Paragraphs 3(3) and 8(3) apply to any possession order regardless of when it was made.

• (4) In determining for the purposes of sub-paragraph (2) whether a tenancy has ended, any ending which was temporary because the tenancy was restored in consequence of a court order is to be ignored.

• (5) In this paragraph “the commencement date” means the day on which section 299 comes into force for purposes other than the purposes of the Secretary of State or the Welsh Ministers making orders under Part 2 of this Schedule.

Part 2 — Replacement of certain terminated tenancies

Circumstances in which replacement tenancies arise

15

In this Part of this Schedule “an original tenancy” means any secure tenancy, assured tenancy, introductory tenancy or demoted tenancy—

• (a) in respect of which a possession order was made before the commencement date, and

• (b) which ended before that date pursuant to the order but not on the execution of the order.

16

• (1) A new tenancy of the dwelling-house which was let under the original tenancy is treated as arising on the commencement date between the ex-landlord and the ex-tenant if—

• (a) on that date—

• (i) the home condition is met, and

• (ii) the ex-landlord is entitled to let the dwelling-house, and

• (b) the ex-landlord and the ex-tenant have not entered into another tenancy after the date on which the original tenancy ended but before the commencement date.

• (2) The home condition is that the dwelling-house which was let under the original tenancy—

• (a) is, on the commencement date, the only or principal home of the ex-tenant, and

• (b) has been the only or principal home of the ex-tenant throughout the termination period.

• (3) In this Part of this Schedule “the termination period” means the period—

• (a) beginning with the end of the original tenancy, and

• (b) ending with the commencement date.

• (4) For the purposes of sub-paragraph (2)(a) the dwelling-house is the only or principal home of the ex-tenant on the commencement date even though the ex-tenant is then absent from the dwelling-house as a result of having been evicted in pursuance of a warrant if the warrant is subsequently set aside but the possession order under which it was granted remains in force.

• (5) In that case, the new tenancy is treated as arising on the first day (if any) on which the ex-tenant resumes occupation of the dwelling-house as that person's only or principal home.

• (6) For the purposes of sub-paragraph (2)(b) any period of time within the termination period is to be ignored if—

• (a) it is a period in which the ex-tenant was absent from the dwelling-house as a result of having been evicted in pursuance of a warrant which was then set aside although the possession order under which it was granted remained in force, and

• (b) the ex-tenant subsequently resumes occupation of the dwelling-house as the ex-tenant's only or principal home.

• (7) The appropriate national authority may by order provide for particular cases or descriptions of case, or particular circumstances, where the home condition is met where it would not otherwise be met.

Nature of replacement tenancies

17

The new tenancy is to be—

• (a) a secure tenancy if—

• (i) the original tenancy was a secure tenancy, or

• (ii) the original tenancy was an introductory tenancy but no election by the ex-landlord under section 124 of the Housing Act 1996 (c. 52) is in force on the day on which the new tenancy arises,

• (b) an assured shorthold tenancy if the original tenancy was an assured shorthold tenancy,

• (c) an assured tenancy which is not an assured shorthold tenancy if the original tenancy was a tenancy of that kind,

• (d) an introductory tenancy if the original tenancy was an introductory tenancy and an election by the ex-landlord under section 124 of the Housing Act 1996 is in force on the day on which the new tenancy arises,

• (e) a demoted tenancy to which section 20B of the Housing Act 1988 (c. 50) applies if the original tenancy was a demoted tenancy of that kind, and

• (f) a demoted tenancy to which section 143A of the Housing Act 1996 applies if the original tenancy was a demoted tenancy of that kind.

18

• (1) The new tenancy is, subject as follows, to have effect on the same terms and conditions as those applicable to the original tenancy immediately before it ended.

• (2) The terms and conditions of the new tenancy are to be treated as modified so as to reflect, so far as applicable, any changes made during the termination period to the level of payments for the ex-tenant's occupation of the dwelling-house or to the other terms and conditions of the occupation.

• (3) The terms and conditions of the new tenancy are to be treated as modified so that any outstanding liabilities owed by the ex-tenant to the ex-landlord in respect of payments for the ex-tenant's occupation of the dwelling-house during the termination period are liabilities in respect of rent under the new tenancy.

• (4) The appropriate national authority may by order provide for other modifications of the terms and conditions of the new tenancy.

• (5) Nothing in sub-paragraphs (2) to (4) is to be read as permitting modifications of the new tenancy which would not have been possible if the original tenancy had remained a tenancy throughout the termination period.

• (6) The terms and conditions of a new secure tenancy which arises by virtue of paragraph 17(a)(ii) are to be treated as modified so far as necessary to reflect the fact that the new tenancy is a secure tenancy and not an introductory tenancy.

19

• (1) Any provision which is made by or under an enactment and relates to a secure tenancy, assured tenancy, introductory tenancy or demoted tenancy applies, subject as follows, to a new tenancy of a corresponding kind.

• (2) Any such provision which relates to an introductory tenancy applies to a new tenancy which is an introductory tenancy as if the trial period mentioned in section 125(2) of the Housing Act 1996 (c. 52) were the period of one year beginning with the day on which the new tenancy arises.

• (3) Any such provision which relates to a demoted tenancy applies to a new tenancy which is a demoted tenancy as if the demotion period mentioned in section 20B(2) of the Housing Act 1988 (c. 50) or section 143B(1) of the Housing Act 1996 were the period of one year beginning with the day on which the new tenancy arises.

• (4) The appropriate national authority may by order modify any provision made by or under an enactment in its application to a new tenancy.

Status of possession order and other court orders

20

• (1) The possession order in pursuance of which the original tenancy ended is to be treated, so far as practicable, as if it applies to the new tenancy.

• (2) Any court orders made before the commencement date which—

• (a) are in force on that date,

• (b) relate to the occupation of the dwelling-house, and

• (c) were made in contemplation of, in consequence of or otherwise in connection with the possession order,

are to be treated, so far as practicable, as if they apply to the new tenancy.

Continuity of tenancies

21

• (1) The new tenancy and the original tenancy are to be treated for the relevant purposes as—

• (a) the same tenancy, and

• (b) a tenancy which continued uninterrupted throughout the termination period.

• (2) The relevant purposes are—

• (a) determining whether the ex-tenant is a successor in relation to the new tenancy,

• (b) calculating on or after the commencement date the period qualifying, or the aggregate of such periods, under Schedule 4 to the Housing Act 1985 (c. 68) (qualifying period for right to buy and discount),

• (c) determining on or after the commencement date whether the condition set out in paragraph (b) of Ground 8 of Schedule 2 to that Act is met, and

• (d) any other purposes specified by the appropriate national authority by order.

• (3) In proceedings on a relevant claim the court concerned may order that the new tenancy and the original tenancy are to be treated for the purposes of the claim as—

• (a) the same tenancy, and

• (b) a tenancy which continued uninterrupted throughout the termination period.

• (4) The following are relevant claims—

• (a) a claim by the ex-tenant or the ex-landlord against the other for breach of a term or condition of the original tenancy—

• (i) in respect of which proceedings are brought on or after the commencement date, or

• (ii) in respect of which proceedings were brought, but were not finally determined, before that date,

• (b) a claim by the ex-tenant against the ex-landlord for breach of statutory duty in respect of which proceedings are or were brought as mentioned in paragraph (a)(i) or (ii), and

• (c) any other claim of a description specified by the appropriate national authority by order.

• (5) For the purposes of sub-paragraph (4)(a) proceedings must be treated as finally determined if—

• (a) they are withdrawn,

• (b) any appeal is abandoned, or

• (c) the time for appealing has expired without an appeal being brought.

Compliance with consultation requirements

22

• (1) The fact that—

• (a) the views of the ex-tenant during the termination period were not sought or taken into account when they should have been sought or taken into account, or

• (b) the views of the ex-tenant during that period were sought or taken into account when they should not have been sought or taken into account,

is not to be taken to mean that the consultation requirements were not complied with.

• (2) The consultation requirements are—

• (a) the requirements under—

• (i) section 105(1) of the Housing Act 1985 (c. 68),

• (ii) paragraphs 3 and 4 of Schedule 3A to that Act,

• (iii) regulations made under section 27AB of that Act which relate to arranging for ballots or polls with respect to a proposal to enter into a management agreement, and

• (iv) section 137(2) of the Housing Act 1996 (c. 52), and

• (b) any other requirements specified by the appropriate national authority by order.

Joint tenancies

23

• (1) In the application of this Part of this Schedule in relation to an original tenancy which was a joint tenancy, a reference to the dwelling-house being the only or principal home of the ex-tenant is to be treated as a reference to the dwelling-house being the only or principal home of at least one of the ex-tenants of the joint tenancy.

• (2) The appropriate national authority may by order provide for this Part of this Schedule to apply in relation to an original tenancy which was a joint tenancy subject to such additional modifications as may be specified in the order.

Successor landlords

24

• (1) The appropriate national authority may by order provide for this Part of this Schedule to apply, subject to such modifications as may be specified in the order, to successor landlord cases.

• (2) For the purposes of sub-paragraph (1) a successor landlord case is a case, in relation to an original tenancy, where the interest of the ex-landlord in the dwelling-house—

• (a) has been transferred to another person after the end of the original tenancy and before the commencement date, and

• (b) on the commencement date, belongs to the person to whom it has been transferred or a subsequent transferee.

Supplementary

25

In determining for the purposes of this Part of this Schedule whether a tenancy has ended, any ending which was temporary because the tenancy was restored in consequence of a court order is to be ignored.

26

• (1) In this Part of this Schedule—

• “appropriate national authority” means—in relation to a dwelling-house in England, the Secretary of State, andin relation to a dwelling-house in Wales, the Welsh Ministers,

• “assured shorthold tenancy” and “assured tenancy” have the same meanings as in Part 1 of the Housing Act 1988 (c. 50) but do not include a demoted tenancy to which section 20B of that Act applies,

• “the commencement date” means the day on which section 299 comes into force for purposes other than the purposes of the Secretary of State or the Welsh Ministers making orders under this Part of this Schedule,

• “demoted tenancy” means a tenancy to which section 20B of the Act of 1988 or section 143A of the Housing Act 1996 (c. 52) applies,

• “dwelling-house”—in relation to an assured tenancy, or a tenancy to which section 20B of the Act of 1988 applies, has the same meaning as in Part 1 of that Act,in relation to a tenancy to which section 143A of the Act of 1996 applies, has the same meaning as in Chapter 1A of Part 5 of that Act,in relation to an introductory tenancy, has the meaning given by section 139 of the Act of 1996, andin relation to a secure tenancy, has the meaning given by section 112 of the Housing Act 1985 (c. 68),

• “ex-landlord” means the person who was the landlord under an original tenancy,

• “ex-tenant” means the person who was the tenant under an original tenancy,

• “introductory tenancy” has the same meaning as in Chapter 1 of Part 5 of the Act of 1996,

• “modification” includes omission,

• “new tenancy” means a tenancy which is treated as arising by virtue of paragraph 16,

• “original tenancy” has the meaning given by paragraph 15,

• “possession order”, in relation to a tenancy, means a court order for the possession of the dwelling-house,

• “secure tenancy” has the same meaning as in Part 4 of the Act of 1985,

• “successor”—in relation to a new tenancy which is an assured tenancy or which is a demoted tenancy to which section 20B of the Act of 1988 applies, has the same meaning as in section 17 of that Act,in relation to a new tenancy which is a demoted tenancy to which section 143A of the Act of 1996 applies, has the meaning given by section 143J of that Act,in relation to a new tenancy which is an introductory tenancy, has the same meaning as in section 132 of the Act of 1996, andin relation to a new tenancy which is a secure tenancy, has the same meaning as in section 88 of the Act of 1985.

• “termination period” has the meaning given by paragraph 16(3).

• (2) For the purposes of the definition of “appropriate national authority” in sub-paragraph (1) a dwelling-house which is partly in England and partly in Wales is to be treated—

• (a) as being in England if it is treated as situated in the area of a billing authority in England by virtue of regulations under section 1(3) of the Local Government Finance Act 1992 (c. 14) (council tax in respect of dwellings), and

• (b) as being in Wales if it is treated as situated in the area of a billing authority in Wales by virtue of regulations under that section.

SCHEDULE 12

Landlord and Tenant Act 1985 (c. 70)

1

The Landlord and Tenant Act 1985 is amended as follows.

2

For section 21 (as substituted by section 152 of the Commonhold and Leasehold Reform Act 2002 (c. 15)) (regular statements of account) substitute—

(21) (1) The appropriate national authority may make regulations about the provision, by landlords of dwellings to each tenant by whom service charges are payable, of information about service charges. (2) The regulations must, subject to any exceptions provided for in the regulations, require the landlord to provide information about— (a) the service charges of the tenant, (b) any associated service charges, and (c) relevant costs relating to service charges falling within paragraph (a) or (b). (3) The regulations must, subject to any exceptions provided for in the regulations, require the landlord to provide the tenant with a report by a qualified person on information which the landlord is required to provide by virtue of this section. (4) The regulations may make provision about— (a) information to be provided by virtue of subsection (2), (b) other information to be provided (whether in pursuance of a requirement or otherwise), (c) reports of the kind mentioned in subsection (3), (d) the period or periods in relation to which information or reports are to be provided, (e) the times at or by which information or reports are to be provided, (f) the form and manner in which information or reports are to be provided (including in particular whether information is to be contained in a statement of account), (g) the descriptions of persons who are to be qualified persons for the purposes of subsection (3). (5) Subsections (2) to (4) do not limit the scope of the power conferred by subsection (1). (6) Regulations under this section may— (a) make different provision for different cases or descriptions of case or for different purposes, (b) contain such supplementary, incidental, consequential, transitional, transitory or saving provision as the appropriate national authority considers appropriate. (7) Regulations under this section are to be made by statutory instrument which, subject to subsections (8) and (9)— (a) in the case of regulations made by the Secretary of State, is to be subject to annulment in pursuance of a resolution of either House of Parliament, and (b) in the case of regulations made by the Welsh Ministers, is to be subject to annulment in pursuance of a resolution of the National Assembly for Wales. (8) The Secretary of State may not make a statutory instrument containing the first regulations made by the Secretary of State under this section unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (9) The Welsh Ministers may not make a statutory instrument containing the first regulations made by the Welsh Ministers under this section unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales. (10) In this section— - “the appropriate national authority”— 1. in relation to England, means the Secretary of State, and 2. in relation to Wales, means the Welsh Ministers, - “associated service charges”, in relation to a tenant by whom a contribution to relevant costs is payable as a service charge, means service charges of other tenants so far as relating to the same costs.

3

• (1) Section 21A (withholding of service charges) is amended as follows.

• (2) For subsection (1) substitute—

(1) A tenant may withhold payment of a service charge if— (a) the landlord has not provided him with information or a report— (i) at the time at which, or (ii) (as the case may be) by the time by which, he is required to provide it by virtue of section 21, or (b) the form or content of information or a report which the landlord has provided him with by virtue of that section (at any time) does not conform exactly or substantially with the requirements prescribed by regulations under that section.

• (3) In subsection (2)—

• (a) in paragraph (a) for “accounting period to which the document” substitute “ period to which the information or report ”, and

• (b) for paragraph (b) substitute—

(b) amounts standing to the tenant's credit in relation to the service charges at the beginning of that period.

• (4) In subsection (3)—

• (a) in paragraph (a) for “document concerned has been supplied” substitute “ information or report concerned has been provided ”, and

• (b) for paragraph (b) substitute—

(b) in a case within paragraph (b) of that subsection, after information or a report conforming exactly or substantially with requirements prescribed by regulations under section 21 has been provided to the tenant by the landlord by way of replacement of that previously provided.

4

• (1) Section 22 (as substituted by section 154 of the Commonhold and Leasehold Reform Act 2002 (c. 15)) (inspection etc. of documents) is amended as follows.

• (2) In subsection (1)(a) for the words from “the matters” to “under” substitute “ information required to be provided to him by virtue of ”.

• (3) In subsection (3) for “supplied with the statement of account under” substitute “ provided with the information concerned by virtue of ”.

• (4) In subsection (4)—

• (a) for “statement of account”, wherever it appears, substitute “ information ”,

• (b) for “supplied”, wherever it appears, substitute “ provided ”, and

• (c) in paragraph (b) for “21(4)” substitute “ 21 ”.

5

In section 23(1) (as substituted by paragraph 1 of Schedule 10 to the Commonhold and Leasehold Reform Act 2002 (c. 15) (information held by superior landlord))—

• (a) for “a statement of account which the landlord is required to supply under” substitute “ information which the landlord is required to provide by virtue of ”, and

• (b) after “of the relevant information” insert “ which relates to those matters ”.

6

In section 23A(4) (effect of change of landlord)—

• (a) in paragraph (a) after “23” insert “ and any regulations under section 21 ”, and

• (b) after paragraph (b) insert

and (c) any regulations under section 21 apply subject to any modifications contained in the regulations.

7

In section 26(1) (exception: tenants of certain public authorities) for “statements of account” substitute “ service charge information, reports on such information ”.

8

In section 27 (exception: rent registered and not entered as variable) for “statements of account” substitute “ service charge information, reports on such information ”.

9

Omit section 28 (meaning of “qualified accountant”).

10