Housing and Regeneration Act 2008

In section 39 (index of defined expressions) omit the entry in the Table for “qualified accountant”.

Landlord and Tenant Act 1987 (c. 31)

11

The Landlord and Tenant Act 1987 is amended as follows.

12

• (1) Section 42A (service charge contributions to be held in designated account) is amended as follows.

• (2) In subsection (2)—

• (a) for paragraph (b) substitute—

(b) any other sums held in the account are sums standing to the credit of one or more other trust funds,

, and

• (b) for “Secretary of State” substitute “ appropriate national authority ”.

• (3) After subsection (2) insert—

(2A) The appropriate national authority may by regulations ensure that a payee who holds more than one trust fund in the same designated account cannot move any of those funds to another designated account unless conditions specified in the regulations are met.

• (4) In subsection (3)(a)—

• (a) after “subsection (1) is” insert “ , or regulations under subsection (2A) are, ”, and

• (b) for “them” substitute “ such documents ”.

• (5) In subsections (5), (6), (7) and (8) for “this section” substitute “ subsection (3) ”.

• (6) After subsection (9) insert—

(9A) Regulations under subsection (2A) may include provision about — (a) the circumstances in which a contributing tenant who has reasonable grounds for believing that the payee has not complied with a duty imposed on him by the regulations may withhold payment of a service charge, (b) the period for which payment may be so withheld, (c) the amount of service charge that may be so withheld; and the regulations may provide that any provisions of the contributing tenant's tenancy relating to non-payment or late payment of service charge do not have effect in relation to the period for which the payment is so withheld.

• (7) In subsection (10)—

• (a) after “this section” insert “ or in regulations under subsection (2A) ”, and

• (b) for “Secretary of State” substitute “ appropriate national authority ”.

• (8) After subsection (10) insert—

(10A) Regulations under this section may— (a) make different provision for different cases, including different provision for different areas, (b) contain such supplementary, incidental, consequential, transitional, transitory or saving provision as the appropriate national authority considers appropriate. (10B) Regulations under this section are to be made by statutory instrument which— (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.

• (9) In subsection (11)—

• (a) after “section—” insert—

“the appropriate national authority”— (a) in relation to England, means the Secretary of State, and (b) in relation to Wales, means the Welsh Ministers,

, and

• (b) in the definition of “relevant financial institution” for “Secretary of State” substitute “ appropriate national authority ”.

13

• (1) Section 53 (regulations and orders) is amended as follows.

• (2) In subsection (2)(b) omit “or 42A”.

• (3) After subsection (2) insert—

(3) This section does not apply to any power to make regulations under section 42A.

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

14

The Leasehold Reform, Housing and Urban Development Act 1993 is amended as follows.

15

• (1) Section 78 (management audits) is amended as follows.

• (2) In subsection (4) for paragraphs (a) and (b), and the “and” following paragraph (b), substitute—

(a) he is— (i) a member of a body which is a recognised supervisory body for the purposes of Part 42 of the Companies Act 2006; (ii) a qualified surveyor; or (iii) where the landlord is a relevant landlord, a member of the Chartered Institute of Public Finance and Accountancy; (b) he is not any of the following— (i) an officer, employee or partner of the landlord or, where the landlord is a company, of an associated company; (ii) a person who is a partner or employee of any such officer or employee; (iii) an agent of the landlord who is a managing agent for any premises to which the audit in question relates; or (iv) an employee or partner of any such agent; and

.

• (3) After subsection (5) insert—

(5A) For the purposes of subsection (4)(b)(i) above a company is associated with a landlord company if it is the landlord's holding company, a subsidiary of the landlord or another subsidiary of the landlord's holding company. (5B) Subsection (4)(b)(i) does not apply where the landlord is a relevant landlord. (5C) For the purposes of subsection (4)(b)(iii) above a person is a managing agent for any premises if he has been appointed to discharge any of the landlord's obligations relating to the management by the landlord of the premises.

• (4) After subsection (6) insert—

(7) In this section— - “holding company” and “subsidiary” have the meanings given by section 1159 of the Companies Act 2006; - “relevant landlord” means— 1. a local authority (within the meaning of the Landlord and Tenant Act 1985); 2. a National Park authority; or 3. a new town corporation (within the meaning of the Act of 1985).

16

In section 79(2)(a) (rights exercisable in connection with management audits)—

• (a) for the words from “the matters” to “supplied” substitute “ information required to be provided ”, and

• (b) for “under” substitute “ by virtue of ”.

SCHEDULE 13

Final demolition notices

1

Schedule 5 to the Housing Act 1985 (c. 68) (exceptions to the right to buy: final demolition notices) is amended as follows.

2

• (1) Paragraph 13 (final demolition notices) is amended as follows.

• (2) In sub-paragraph (5) (period of validity of final demolition notices)—

• (a) omit the “and” following paragraph (a),

• (b) in paragraph (b) for “(7)” substitute “ (7A) ”, and

• (c) after paragraph (b) insert

, and (c) the provisions of paragraph 15A

.

• (3) In sub-paragraph (9) (certain references to landlord to include superior landlord) after “15” insert “ (other than paragraph 15(7A) ”.

3

• (1) Paragraph 15 (extension or revocation etc. of final demolition notices) is amended as follows.

• (2) After sub-paragraph (7) (revocation notices) insert—

(7A) Sub-paragraphs (4) to (7) do not apply if the landlord is selling or otherwise transferring his interest as landlord to another person or is offering it for sale or for other transfer.

• (3) In sub-paragraph (8) (restrictions on service of further notices)—

• (a) after “final demolition notice”, where it first appears, insert “ (“the earlier notice”) ”,

• (b) after “final demolition notice”, where it appears for a second time, insert “ (and no initial demolition notice) ”,

• (c) after “in respect of it” insert “ , by the landlord who served the earlier notice or any landlord who served a continuation notice in respect of the earlier notice, ”,

• (d) after “when the” insert “ earlier ”, and

• (e) in paragraph (a) for “it” substitute “ the further final demolition notice (or, as the case may be, the initial demolition notice) ”.

• (4) After sub-paragraph (9) insert—

(10) In sub-paragraph (8) “initial demolition notice” has the meaning given by paragraph 1 of Schedule 5A (initial demolition notices).

4

After paragraph 15 insert—

(15A) (1) This paragraph applies if— (a) a final demolition notice is in force in respect of a dwelling-house, and (b) the landlord transfers his interest as landlord to another person. (2) The final demolition notice (“the original notice”) continues in force but this is subject to— (a) paragraphs 13(5) and 15, and (b) the following provisions of this paragraph. (3) Sub-paragraph (4) applies if the transferee— (a) intends to demolish the dwelling-house, but (b) has not— (i) served a continuation notice, and (ii) complied with the conditions in sub-paragraphs (8) and (10), within the period of 2 months beginning with the date of transfer. (4) The transferee must proceed under paragraph 15(4) as if the transferee has decided not to demolish the dwelling-house (and paragraph 15(5) to (7) applies on the same basis). (5) A continuation notice is a notice— (a) stating that the transferee— (i) has acquired the interest concerned, and (ii) intends to demolish the dwelling-house or (as the case may be) the building containing it (“the relevant premises”), (b) setting out the reasons why the transferee intends to demolish the relevant premises, (c) stating that one of conditions A to C in paragraph 14 is satisfied in relation to the original notice (specifying the condition concerned), (d) stating that the original notice is to continue in force, and (e) explaining the continued effect of the original notice. (6) A continuation notice may not vary the proposed demolition date in the original notice nor the date when the original notice will cease to be in force. (7) Sub-paragraph (8) applies if— (a) the dwelling-house is contained in a building which contains one or more other dwelling-houses, and (b) the transferee intends to demolish the whole of the building. (8) The transferee must serve a continuation notice on the occupier of each of the dwelling-houses contained in the building (whether addressed to him by name or just as “the occupier”). (9) An accidental omission to serve a continuation notice on one or more occupiers does not prevent the condition in sub-paragraph (8) from being satisfied. (10) Paragraph 13(7) and (8) apply in relation to the transferee's intention to demolish so as to impose a condition on the transferee for a notice to appear within the period of 2 months beginning with the date of transfer. (11) Sub-paragraphs (7) to (10) above apply instead of paragraph 13(6) to (8) in relation to a final demolition notice so far as continued in force under this paragraph.

5

In paragraph 16(1) (notices under paragraphs 13 and 15) for “or 15” substitute “ , 15 or 15A ”.

Initial demolition notices

6

Schedule 5A to the Housing Act 1985 (c. 68) (initial demolition notices) is amended as follows.

7

In paragraph 1(4)(b) (initial demolition notices: maximum specified period to carry out demolition) for “five” substitute “ seven ”.

8

In paragraph 2(1) (period of validity of initial demolition notices) for “paragraph 3” substitute “ paragraphs 3 and 3A ”.

9

In paragraph 3(1) (revocation of initial demolition notices: application of paragraph 15(4) to (7) of Schedule 5 to that Act) for “(7)” substitute “ (7A) ”.

10

After paragraph 3 insert—

(3A) (1) This paragraph applies if— (a) an initial demolition notice is in force in respect of a dwelling-house, and (b) the landlord transfers his interest as landlord to another person. (2) The initial demolition notice (“the original notice”) continues in force but this is subject to— (a) paragraphs 2 and 3, and (b) the following provisions of this paragraph. (3) Sub-paragraph (4) applies if the transferee— (a) intends to demolish the dwelling-house, but (b) has not— (i) served a continuation notice, and (ii) complied with the conditions in sub-paragraphs (8) and (10), within the period of 2 months beginning with the date of transfer. (4) The transferee must proceed under paragraph 15(4) of Schedule 5 as applied by paragraph 3(1) above as if the transferee has decided not to demolish the dwelling-house (and paragraph 15(5) to (7) of that Schedule as so applied applies on the same basis). (5) A continuation notice is a notice— (a) stating that the transferee— (i) has acquired the interest concerned, and (ii) intends to demolish the dwelling-house or (as the case may be) the building containing it (“the relevant premises”), (b) setting out the reasons why the transferee intends to demolish the relevant premises, (c) stating that the original notice is to continue in force, and (d) explaining the continued effect of the original notice. (6) A continuation notice may not vary the period specified in the original notice in accordance with paragraph 1(1)(c). (7) Sub-paragraph (8) applies if— (a) the dwelling-house is contained in a building which contains one or more other dwelling-houses, and (b) the transferee intends to demolish the whole of the building. (8) The transferee must serve a continuation notice on the occupier of each of the dwelling-houses contained in the building (whether addressed to him by name or just as “the occupier”). (9) An accidental omission to serve a continuation notice on one or more occupiers does not prevent the condition in sub-paragraph (8) from being satisfied. (10) Paragraph 13(7) of Schedule 5 applies in relation to the transferee's intention to demolish so as to impose a condition on the transferee for a notice to appear within the period of 2 months beginning with the date of transfer; and paragraph 2(3) above applies for this purpose. (11) Sub-paragraphs (7) to (10) above apply instead of paragraph 2(2) and (3) in relation to an initial demolition notice so far as continued in force under this paragraph.

11

• (1) Paragraph 4 (restrictions on service of further notices) is amended as follows.

• (2) In sub-paragraph (2) (further initial demolition notices)—

• (a) after “dwelling-house” insert “ , by the landlord who served the relevant notice or any landlord who served a continuation notice in respect of the relevant notice, ”, and

• (b) in paragraph (a) for “it” substitute “ the further notice ”.

• (3) In sub-paragraph (3) (final demolition notices)—

• (a) after “dwelling-house” insert “ , by the landlord who served the relevant notice or any landlord who served a continuation notice in respect of the relevant notice, ”, and

• (b) in paragraph (a) for “it” substitute “ the final demolition notice ”.

12

In paragraph 5 (notices under Schedule 5A) for “or 15” substitute “ , 15 or 15A ”.

13

In paragraph 6(1) (interpretation) after “Schedule” insert “ (other than paragraph 3A) ”.

Transitional provision

14

This Schedule does not apply to notices served before the coming into force of the Schedule.

SCHEDULE 14

Housing Act 1985 (c. 68)

1

• (1) The Housing Act 1985 is amended as follows.

• (2) In section 34 (consents in relation to disposals of land held for housing purposes)—

• (a) in subsection (1) for “Secretary of State's” substitute “ appropriate national body's ”,

• (b) in subsection (4A)—

• (i) for “Secretary of State” substitute “ appropriate national body ”,

• (ii) after “disposal;” at the end of paragraph (c), insert—

(ca) in the case of a proposed large scale disposal, the appropriate national body's estimate of the exchequer costs of the large scale disposal;

, and

• (iii) in paragraph (d) for “he” substitute “ the appropriate national body ”, and

• (c) after subsection (4A) insert—

(4AA) The estimate mentioned in subsection (4A)(ca) is to be based on such assumptions (including as to the period during which housing subsidies may be payable) as the appropriate national body may determine, regardless of whether those assumptions are, or are likely to be, borne out by events. (4AB) In this section— - “appropriate national body”— 1. in relation to England, means the Secretary of State; and 2. in relation to Wales, means the Welsh Ministers; - “dwelling-house” has the same meaning as in Part 5 of this Act except that it does not include a hostel or any part of a hostel; - “the exchequer costs”, in relation to a large scale disposal, means any increase which is or may be attributable to the disposal in the aggregate of any housing subsidies; - “housing subsidies” means any subsidies payable under— 1. section 140A of the Social Security Administration Act 1992 (subsidy); or 2. section 79 of the Local Government and Housing Act 1989 (Housing Revenue Account subsidy); - “large scale disposal” means a disposal of one or more dwelling-houses by a local authority to a person where— 1. the number of dwelling-houses included in the disposal; and 2. the number of dwelling-houses which, in the relevant period, have previously been disposed of by the authority to that person, or that person and any of the person's associates taken together, - “long lease” means a lease for a term of years certain exceeding 21 years other than a lease which is terminable before the end of that term by notice given by or to the landlord; - “the relevant period”, in relation to a large scale disposal means— 1. the period of 5 years ending with the date of the disposal; or 2. if the appropriate national body by order so provides, such other period ending with that date as may be specified in the order; - “subsidiary” has the same meaning as in section 61 of the Housing Act 1996 but as if references in subsection (2) of that section and section 60 of that Act to registered social landlords and landlords were references to housing associations (within the meaning of the Housing Associations Act 1985). (4AC) For the purposes of this section— (a) a disposal of any dwelling-house is to be disregarded if at the time of the disposal the local authority's interest in the dwelling-house is or was subject to a long lease; (b) two persons are associates of each other if— (i) one of them is a subsidiary of the other; (ii) they are both subsidiaries of some other person; or (iii) there exists between them such relationship or other connection as may be specified in a determination made by the appropriate national body; and (c) a description of an authority may be framed by reference to any circumstances whatever. (4AD) An order made by the appropriate national body under this section— (a) is to be made by statutory instrument which— (i) in the case of an order made by the Secretary of State, is subject to annulment in pursuance of a resolution of either House of Parliament; and (ii) in the case of an order made by the Welsh Ministers, is subject to annulment in pursuance of a resolution of the National Assembly for Wales; (b) may make different provision for different cases or descriptions of case, or for different authorities or descriptions of authority; and (c) may contain such transitional and supplementary provisions as appear to the appropriate national body to be necessary or expedient. (4AE) A determination under this section— (a) may make different provision for different cases or descriptions of case, or for different authorities or descriptions of authority; and (b) may be varied or revoked by a subsequent determination.

• (3) In section 43 (consent required for certain disposals not within section 32)—

• (a) in subsection (1) for “Secretary of State” substitute “ appropriate national body ”,

• (b) in subsection (4A)—

• (i) for “Secretary of State” substitute “ appropriate national body ”,

• (ii) after “disposal;” at the end of paragraph (c), insert—

(ca) in the case of a proposed disposal which is part of a proposed large scale disposal, the appropriate national body's estimate of the exchequer costs of the large scale disposal;

, and

• (iii) in paragraph (d) for “he” substitute “ the appropriate national body ”, and

• (c) after subsection (4A) insert—

(4AA) The estimate mentioned in subsection (4A)(ca) is to be based on such assumptions (including as to the period during which housing subsidies may be payable) as the appropriate national body may determine, regardless of whether those assumptions are, or are likely to be, borne out by events. (4AB) Subsections (4AB) to (4AE) of section 34 apply for the purposes of this section as they apply for the purposes of that section.

, and

• (d) in subsection (5A) after “this section” insert “ (other than in subsection (4A)(ca) and in subsections (4AB) to (4AE) of section 34 as applied for the purposes of this section) ”.

Housing Act 1988 (c. 50)

2

In section 133(3) of the Housing Act 1988 (consent required for certain subsequent disposals)—

• (a) in paragraph (a) for “and (3) to (4A)” substitute “ , (3), (4) and (4A)(a) to (c) and (d) ”,

• (b) in paragraph (b) for “and (3) to (4A)” substitute “ , (3), (4) and (4A)(a) to (c) and (d) ”, and

• (c) in paragraph (c) for “(4A)” substitute “ (4A)(a) to (c) and (d) ”.

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

3

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

• (2) Omit section 135 (programmes for disposals of dwelling-houses by local authorities).

• (3) In section 136 (levy on disposals) for subsection (14) substitute—

(14) In this section— - “the 1989 Act” means the Local Government and Housing Act 1989; - “dwelling-house” has the same meaning as in Part 5 of the 1985 Act except that it does not include a hostel (as defined in section 622 of that Act) or any part of a hostel; - “local authority” has the meaning given by section 4 of that Act; - “long lease” means a lease for a term of years certain exceeding 21 years other than a lease which is terminable before the end of that term by notice given by or to the landlord; - “subsidiary” has the same meaning as in section 61 of the Housing Act 1996 but as if references in subsection (2) of that section and section 60 of that Act to registered social landlords and landlords were references to housing associations (within the meaning of the Housing Associations Act 1985). (15) For the purposes of this section— (a) a disposal of any dwelling-house is to be disregarded if at the time of the disposal the local authority's interest in the dwelling-house is or was subject to a long lease; (b) two persons are associates of each other if— (i) one of them is a subsidiary of the other; (ii) they are both subsidiaries of some other person; or (iii) there exists between them such relationship or other connection as may be specified in a determination made by the Secretary of State; and (c) a description of authority may be framed by reference to any circumstances whatever.

• (4) Omit section 137(1) to (3) (disposals: transitional provisions in relation to section 135).

• (5) The reference to the Secretary of State in subsection (15) of section 136 of the Act of 1993, as inserted by sub-paragraph (3) above, is to be read in the same way as other references to the Secretary of State in that section of that Act.

Housing Act 1996 (c. 52)

4

• (1) The Housing Act 1996 is amended as follows.

• (2) In section 51(2)(b) (schemes for investigation of complaints) for “a qualifying disposal” substitute

— (i) a large scale disposal, within the meaning of section 34 of the Housing Act 1985, for which consent was required under section 32 or 43 of that Act; or (ii) a qualifying disposal that was made

.

• (3) In paragraph 5(1)(b) of Part 2 of Schedule 1 (constitution, change of rules, amalgamation and dissolution: restriction on power of removal in case of registered charity) for “a qualifying disposal” substitute

— (i) a large scale disposal, within the meaning of section 34 of the Housing Act 1985, for which consent was required under section 32 or 43 of that Act, or (ii) a qualifying disposal that was made

.

• (4) In paragraph 28(1)(b) of Part 4 of Schedule 1 (inquiry into affairs of registered social landlords: availability of powers in relation to registered charities) for “a qualifying disposal” substitute

— (i) a large scale disposal, within the meaning of section 34 of the Housing Act 1985, for which consent was required under section 32 or 43 of that Act, or (ii) a qualifying disposal that was made

.

SCHEDULE 15

Part 1 — England and Wales

Housing Act 1996 (c. 52)

1

The Housing Act 1996 is amended as follows.

2

• (1) Section 167 (allocation in accordance with allocation scheme) is amended as follows.

• (2) In subsection (2) after “scheme shall” insert “ , subject to subsection (2ZA), ”.

• (3) After subsection (2) insert—

(2ZA) People are to be disregarded for the purposes of subsection (2) if they would not have fallen within paragraph (a) or (b) of that subsection without the local housing authority having had regard to a restricted person (within the meaning of Part 7).

3

• (1) Section 184 (inquiry into cases of homelessness or threatened homelessness) is amended as follows.

• (2) After subsection (3) insert—

(3A) If the authority decide that a duty is owed to the applicant under section 193(2) or 195(2) but would not have done so without having had regard to a restricted person, the notice under subsection (3) must also— (a) inform the applicant that their decision was reached on that basis, (b) include the name of the restricted person, (c) explain why the person is a restricted person, and (d) explain the effect of section 193(7AD) or (as the case may be) section 195(4A).

• (3) After subsection (6) insert—

(7) In this Part “a restricted person” means a person— (a) who is not eligible for assistance under this Part, (b) who is subject to immigration control within the meaning of the Asylum and Immigration Act 1996, and (c) either— (i) who does not have leave to enter or remain in the United Kingdom, or (ii) whose leave to enter or remain in the United Kingdom is subject to a condition to maintain and accommodate himself, and any dependants, without recourse to public funds.

4

• (1) Section 185 (persons from abroad not eligible for certain housing assistance) is amended as follows.

• (2) In subsection (4) for “another person” substitute “ a person falling within subsection (5) ”.

• (3) After subsection (4) insert—

(5) A person falls within this subsection if the person— (a) falls within a class prescribed by regulations made under subsection (2); but (b) is not a national of an EEA State or Switzerland.

5

• (1) Section 193 (duty to persons with priority need who are not homeless intentionally) is amended as follows.

• (2) In subsection (3A) after “this section” insert “ in a case which is not a restricted case ”.

• (3) After subsection (3A) insert—

(3B) In this section “a restricted case” means a case where the local housing authority would not be satisfied as mentioned in subsection (1) without having had regard to a restricted person.

• (4) After subsection (7A) insert—

(7AA) In a restricted case the authority shall also cease to be subject to the duty under this section if the applicant, having been informed of the matters mentioned in subsection (7AB)— (a) accepts a private accommodation offer, or (b) refuses such an offer. (7AB) The matters are— (a) the possible consequence of refusal of the offer, and (b) that the applicant has the right to request a review of the suitability of the accommodation. (7AC) For the purposes of this section an offer is a private accommodation offer if— (a) it is an offer of an assured shorthold tenancy made by a private landlord to the applicant in relation to any accommodation which is, or may become, available for the applicant's occupation, (b) it is made, with the approval of the authority, in pursuance of arrangements made by the authority with the landlord with a view to bringing the authority's duty under this section to an end, and (c) the tenancy being offered is a fixed term tenancy (within the meaning of Part 1 of the Housing Act 1988) for a period of at least 12 months. (7AD) In a restricted case the authority shall, so far as reasonably practicable, bring their duty under this section to an end as mentioned in subsection (7AA).

• (5) In subsections (7B) and (7C) at the beginning insert “ In a case which is not a restricted case, ”.

• (6) In subsection (7F) after paragraph (a) (but before the “or” following it) insert—

(ab) approve a private accommodation offer;

.

6

• (1) Section 195 (duties in the case of threatened homelessness) is amended as follows.

• (2) In subsection (3A) after “this section” insert “ in a case which is not a restricted threatened homelessness case ”.

• (3) In subsection (4)—

• (a) after “Where” insert “ , in a case which is not a restricted threatened homelessness case, ”, and

• (b) at the end insert “in a case which is not a restricted case (within the meaning of that section)”.

• (4) After subsection (4) insert—

(4A) Where, in a restricted threatened homelessness case, in pursuance of the duty under subsection (2) the authority secure that accommodation other than that occupied by the applicant when he made his application is available for occupation by him, the provisions of section 193(3) to (9) (period for which duty owed) apply, with any necessary modifications, in relation to the duty under this section as they apply in relation to the duty under section 193 in a restricted case (within the meaning of that section). (4B) In subsections (3A) to (4A) “a restricted threatened homelessness case” means a case where the local housing authority would not be satisfied as mentioned in subsection (1) without having had regard to a restricted person.

7

• (1) Section 202 (right to request review of decision) is amended as follows.

• (2) In subsection (1) after paragraph (f) insert

, or (g) any decision of a local housing authority as to the suitability of accommodation offered to him by way of a private accommodation offer (within the meaning of section 193).

• (3) In subsection (1A)—

• (a) for “or (7)” substitute “ , (7) or (7AA) ”, and

• (b) after “(f)” insert “ or (as the case may be) (g) ”.

8

In section 218 (index of defined expressions: Part 7) insert in the Table at the appropriate place—

restricted person	section 184(7)

.

Part 2 — Scotland and Northern Ireland

Housing (Scotland) Act 1987 (c. 26)

9

The Housing (Scotland) Act 1987 is amended as follows.

10

• (1) Section 20 (persons having priority on housing list and allocation of housing) is amended as follows.

• (2) In subsection (1)(b) at the beginning insert “ subject to subsection (1A), ”.

• (3) After subsection (1) insert—

(1A) Homeless persons and persons threatened with homelessness (within the meaning of Part 2) are to be disregarded for the purposes of subsection (1) if they would not be such persons without the local authority having had regard to a restricted person (also within the meaning of Part 2).

• (4) In subsection (2) for “such housing” substitute “ housing falling within subsection (1) ”.

11

• (1) Section 30 (notification of decision and reasons) is amended as follows.

• (2) After subsection (3) insert—

(3A) If they decide that he is homeless, threatened with homelessness or has a priority need but would not have done so without having had regard to a restricted person, they shall also notify him of— (a) the fact that their decision was reached on that basis, (b) the name of the restricted person, (c) the reason why the person is a restricted person, and (d) the effect of section 31(2G) or (as the case may be) 32(2A) and (2B).

• (3) After subsection (5) insert—

(6) In this Part “a restricted person” means a person— (a) who is not eligible for assistance under this Part, (b) who is subject to immigration control within the meaning of the Asylum and Immigration Act 1996, and (c) either— (i) who does not have leave to enter or remain in the United Kingdom, or (ii) whose leave to enter or remain in the United Kingdom is subject to a condition to maintain and accommodate himself, and any dependants, without recourse to public funds.

12

• (1) Section 31 (duties to persons found to be homeless) is amended as follows.

• (2) After subsection (2) insert—

(2A) In a restricted case the local authority shall cease to be subject to the duty under subsection (2) if the applicant, having been informed of the matters mentioned in subsection (2B)— (a) accepts a private accommodation offer, or (b) refuses such an offer. (2B) The matters are— (a) the possible consequence of refusal of the offer, and (b) that the applicant has the right to request a review of the decisions mentioned in section 35A(2)(e). (2C) In this section “a restricted case” means a case falling within subsection (2) where the local authority would not be satisfied as mentioned in subsections (1) and (2) without having had regard to a restricted person. (2D) For the purposes of this Part an offer is a private accommodation offer if— (a) it is an offer of a short assured tenancy made by a landlord to the applicant in relation to any accommodation which is, or may become, available for the applicant's occupation, (b) it is made, with the approval of the local authority, in pursuance of arrangements made by them with the landlord with a view to bringing their duty under subsection (2) to an end, and (c) the tenancy being offered is for a period of at least 12 months. (2E) The local authority shall not approve a private accommodation offer unless they are satisfied that it is reasonable for the applicant to accept the offer. (2F) For the purposes of subsection (2E) an applicant may reasonably be expected to accept an offer even though he is under contractual or other obligations in respect of his existing accommodation, provided he is able to bring those obligations to an end before he is required to take up the offer. (2G) In a restricted case the local authority shall, so far as reasonably practicable, bring their duty under subsection (2) to an end as mentioned in subsection (2A). (2H) Subsections (2A) to (2G) are without prejudice to any other way in which the local authority can cease to be subject to the duty under subsection (2).

• (3) In subsection (3)—

• (a) for “In any other case, they” substitute “ In a case not falling within subsection (2), the local authority ”, and

• (b) in paragraph (a) for “his”, in the first place where it appears, substitute “ the applicant's ”.

13

• (1) Section 32 (duties to persons found to be threatened with homelessness) is amended as follows.

• (2) After subsection (2) insert—

(2A) Subsection (2B) applies in a restricted threatened homelessness case where, in pursuance of the duty under subsection (2), the local authority secure that accommodation other than that occupied by the applicant when he made his application is available for occupation by him. (2B) The provisions of section 31(2A) to (2H) (circumstances in which duty in restricted case ceases) apply, with any necessary modifications, in relation to the duty under subsection (2) as they apply in relation to the duty under section 31(2) in a restricted case (within the meaning of that section).

• (3) In subsection (3) for “In any other case they shall furnish him” substitute “ In a case not falling within subsection (2) the local authority shall furnish the applicant ”.

• (4) After subsection (5) insert—

(5A) In this section “a restricted threatened homelessness case” means a case falling within subsection (2) where the local authority would not be satisfied as mentioned in subsections (1) and (2) without having had regard to a restricted person.

14

• (1) Section 34 (duties to persons whose applications are referred) is amended as follows.

• (2) For subsection (2) substitute—

(2) If it is determined that the conditions for referral— (a) are satisfied, the notified authority are subject to the duty under section 31(2); (b) are not satisfied, the notifying authority are subject to that duty.

• (3) In subsection (3) for paragraph (a) (but not the “and” after it) substitute—

(a) whether they or the notified authority are subject to the duty under section 31(2),

.

• (4) Omit subsection (6).

15

In section 35A(2) (right to request review of decision) after paragraph (d) insert—

(e) in a case where a private accommodation offer is made to the applicant, any decision— (i) that the accommodation offered is not accommodation falling within section 32(5)(a) to (c), or (ii) that the authority have discharged their duty to the applicant under section 32(8).

16

In section 43 (minor definitions) at the appropriate places insert—

• (a) “ “private accommodation offer” has the meaning assigned to it by section 31(2D);”,

• (b) “ “restricted person” has the meaning assigned to it by section 30(6);”, and

• (c) “ “short assured tenancy” has the same meaning as in Part 2 of the Housing (Scotland) Act 1988;”.

Housing (Northern Ireland) Order 1988 (S.I. 1988/1990 (N.I. 23))

17

Part 2 of the Housing (Northern Ireland) Order 1988 is amended as follows.

18

• (1) Article 7A (persons not eligible for housing assistance) is amended as follows.

• (2) In paragraph (4) for “another person” substitute “ a person falling within paragraph (4A) ”.

• (3) After paragraph (4) insert—

(4A) A person falls within this paragraph if the person— (a) falls within a class specified in an order under section 119(1) of the Immigration and Asylum Act 1999; but (b) is not a national of an EEA State or Switzerland.

19

• (1) Article 9 (notification of decision and reasons) is amended as follows.

• (2) After paragraph (3) insert—

(3A) If the Executive decides that the applicant is homeless, threatened with homelessness or has a priority need but would not have done so without having had regard to a restricted person, it shall also notify him of— (a) the fact that its decision was reached on that basis, (b) the name of the restricted person, (c) the reason why the person is a restricted person, and (d) the effect of Article 10(2E) and (2F) or (as the case may be) 11(2A) and (2B).

• (3) After paragraph (5) insert—

(6) In this Article “a restricted person” means a person— (a) who is not eligible for assistance under this Part, (b) who is subject to immigration control within the meaning of the Asylum and Immigration Act 1996, and (c) either— (i) who does not have leave to enter or remain in the United Kingdom, or (ii) whose leave to enter or remain in the United Kingdom is subject to a condition to maintain and accommodate himself, and any dependants, without recourse to public funds.

20

• (1) Article 10 (duties to persons found to be homeless) is amended as follows.

• (2) After paragraph (2) insert—

(2A) In a restricted case the Executive shall cease to be subject to the duty under paragraph (2) if the applicant, having been informed of the possible consequence of refusal— (a) accepts a private accommodation offer, or (b) refuses such an offer. (2B) For the purposes of this Article an offer is a private accommodation offer if— (a) it is an offer of a private tenancy made by a landlord to the applicant in relation to any accommodation which is, or may become, available for the applicant's occupation, (b) it is made, with the approval of the Executive, in pursuance of arrangements made by the Executive with the landlord with a view to bringing its duty under paragraph (2) to an end, and (c) the tenancy being offered is for a term certain of at least 12 months. (2C) The Executive shall not approve a private accommodation offer unless it is satisfied that the accommodation is suitable for the applicant and that it is reasonable for him to accept the offer. (2D) For the purposes of paragraph (2C) an applicant may reasonably be expected to accept an offer even though he is under contractual or other obligations in respect of his existing accommodation, provided he is able to bring those obligations to an end before he is required to take up the offer. (2E) In a restricted case the Executive shall, so far as reasonably practicable, bring its duty under paragraph (2) to an end as mentioned in paragraph (2A). (2F) In a restricted case the Executive shall also cease to be subject to the duty under paragraph (2) if the applicant, having been informed of the possible consequence of refusal, refuses a reasonable offer of accommodation under the Housing Selection Scheme. (2G) For the purposes of paragraph (2F)— (a) “the Housing Selection Scheme” means the scheme for the allocation of housing accommodation held by the Executive approved from time to time under Article 22 of the Order of 1981, and (b) an offer of accommodation is reasonable if it is a reasonable offer within the meaning of that Scheme. (2H) Paragraphs (2A) to (2G) are without prejudice to any other way in which the Executive can cease to be subject to the duty under paragraph (2).

• (3) After paragraph (4) insert—

(5) In this Article— - “a private tenancy” has the same meaning as in the Private Tenancies (Northern Ireland) Order 2006, - “a restricted case” means a case falling within paragraph (2) where the Executive would not be satisfied as mentioned in paragraphs (1) and (2) without having had regard to a restricted person, - “a restricted person” has the same meaning as in Article 9.

21

• (1) Article 11 (duties to persons found to be threatened with homelessness) is amended as follows.

• (2) After paragraph (2) insert—

(2A) Paragraph (2B) applies in a restricted threatened homelessness case where, in pursuance of the duty under paragraph (2), the Executive secures that accommodation other than that occupied by the applicant when he made his application is available for occupation by him. (2B) The provisions of Article 10(2A) to (2H) (circumstances in which duty in restricted case ceases) apply, with any necessary modifications, in relation to the duty under paragraph (2) as they apply in relation to the duty under Article 10(2) in a restricted case (within the meaning of that Article).

• (3) After paragraph (4) insert—

(4A) In this Article— - “a restricted person” has the same meaning as in Article 9, - “a restricted threatened homelessness case” means a case falling within paragraph (2) where the Executive would not be satisfied as mentioned in paragraphs (1) and (2) without having had regard to a restricted person.

Immigration and Asylum Act 1999 (c. 33)

22

• (1) Section 119 of the Immigration and Asylum Act 1999 (persons subject to immigration control to be disregarded in determining another person's eligibility for accommodation or assistance) is amended as follows.

• (2) In subsection (1)(b) for “another person” substitute “ a person falling within subsection (1A) ”.

• (3) After subsection (1) insert—

(1A) A person falls within this subsection if the person— (a) falls within a class specified in an order under subsection (1); but (b) is not a national of an EEA State or Switzerland.

Part 3 — Consequential amendments

Criminal Justice and Immigration Act 2008 (c. 4)

23

The Criminal Justice and Immigration Act 2008 is amended as follows.

24

Omit section 134(6) (support for designated persons: eligibility for certain housing assistance).

25

Omit section 135(7) (power to amend or repeal section 134(6)).

SCHEDULE 16

Objects

Contents of designation orders

Regional planning

Power to enter and survey land

Section 17: supplementary

Validity of transactions

Purpose

References to Welsh Ministers

De-registration: compulsory

Dissolution of Housing Corporation

Purpose

Exempt companies: extraordinary audit

Former registered providers

Section 190: consequential amendments

Recommendations to HCA

Certificates for new homes

Management agreements: extending requirements to co-operate

Sustainable community strategies

Management agreements: extending requirements to co-operate

Sub-committees of the Regulation Committee

Members' interests

Exercise of functions

General

Voluntary undertaking

Approved lending institutions

Former right to buy and other flats: service charge loans

Disposal of property

Supplemental

Non-audited registered society

Management agreements: extending requirements to co-operate

Sections 247 and 249: local authorities

Appointment of manager of private registered provider

Management agreements: extending requirements to co-operate

Membership

Terms of appointment of members

Remuneration etc: members

Staff

Financial provision

Committees

Procedure and members' interests

Delegation

Reports, accounts etc.

Supplementary and transitional provisions

Application of Acquisition of Land Act 1981 (c. 67)

Extinguishment of private rights of way etc.

New rights: Compulsory Purchase Act 1965 (c. 56)

New rights: specific adaptations of 1965 Act

New rights: compensation

Powers to override easements etc. in undertaking works or using land

Compensation for overridden easements etc.

Powers of Secretary of State to extinguish public rights of way by order

Notification of proposal to make order

Duty to consider objections

Duty to give opportunity to appear

Power to treat objection as irrelevant

Power to curtail decision-making process

Power to hold public local inquiry

Orders relating to electronic communications apparatus: removal or abandonment of apparatus

Orders relating to electronic communications apparatus: notice requirements

Supplementary: Part 2

Burial grounds

Consecrated land other than burial grounds

Other land connected to religious worship

Regulations: general

Regulations about human remains and monuments

Disapplication of faculties

Disapplication of section 25 of the Burial Act 1857

Interpretation: Part 3

Notice for extinguishment of rights of undertakers or for removal of their apparatus

Counter-notices

Effect of unopposed notice

Opposed notices and Ministerial orders

Compensation

Electronic communications

Notices to carry out works

Counter-notices

Effect of unopposed notice

Opposed notices and Ministerial orders

Power to arrange for the works to be done by the HCA

Compensation

Electronic communications

Ministerial order following representations by statutory undertakers

Ministerial order following representations by the HCA

Examples of contents of orders

Notification of proposal to make order

Duty to consider objections

Duty to give opportunity to appear

Power to treat objection as irrelevant

Power to curtail decision-making process

Power to hold public local inquiry

Special parliamentary procedure for orders

Orders to relieve obligations

Notification of proposal to make order

Duty to consider objections

Duty to give opportunity to appear

Power to treat objection as irrelevant

Power to curtail decision-making process

Power to hold public local inquiry

Notification procedure after the making of an order

Operative date of orders

Special parliamentary procedure for orders

Legal challenges to orders

Orders and directions

Interpretation

Creation and apportionment of property, rights and liabilities etc.

Employment contracts

Civil servants treated as employed under a contract of employment etc.

Compensation

Continuity

Supplementary etc. provision

Overview

Key concepts

Other definitions

Corporation tax: continuity of trade

Corporation tax: capital allowances

Corporation tax: capital gains

Corporation tax: intangible assets

Corporation tax: loan relationships

Stamp duty

Public Records Act 1958 (c. 51)

Land Compensation Act 1961 (c. 33)

Public Health Act 1961 (c. 64)

Parliamentary Commissioner Act 1967 (c. 13)

Leasehold Reform Act 1967 (c. 88)

National Loans Act 1968 (c. 13)

Local Government Act 1972 (c. 70)

Land Compensation Act 1973 (c. 26)

Local Government Act 1974 (c. 7)

House of Commons Disqualification Act 1975 (c. 24)

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

Race Relations Act 1976 (c. 74)

Rent (Agriculture) Act 1976 (c. 80)

Rent Act 1977 (c. 42)

Protection from Eviction Act 1977 (c. 43)

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

Highways Act 1980 (c. 66)

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

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

Housing Act 1985 (c. 68)

Landlord and Tenant Act 1985 (c. 70)

Landlord and Tenant Act 1987 (c. 31)

Income and Corporation Taxes Act 1988 (c. 1)

Local Government Act 1988 (c. 9)

Housing Act 1988 (c. 50)

Local Government and Housing Act 1989 (c. 42)

Town and Country Planning Act 1990 (c. 8)

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

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

Water Industry Act 1991 (c. 56)

Water Resources Act 1991 (c. 57)

Social Security Administration Act 1992 (c. 5)

Taxation of Chargeable Gains Act 1992 (c. 12)

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

Finance Act 1996 (c. 8)

Housing Act 1996 (c. 52)

Regional Development Agencies Act 1998 (c. 45)

Greater London Authority Act 1999 (c. 29)

Freedom of Information Act 2000 (c. 36)

Finance Act 2003 (c. 14)

Planning and Compulsory Purchase Act 2004 (c. 5)

Finance Act 2004 (c. 12)

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

Public Records Act 1958 (c. 51)

Parliamentary Commissioner Act 1967 (c. 13)

House of Commons Disqualification Act 1975 (c. 24)

Race Relations Act 1976 (c. 74)

Interpretation Act 1978 (c. 30)

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

Inheritance Tax Act 1984 (c. 51)

Housing Associations Act 1985 (c. 69)

Income and Corporation Taxes Act 1988 (c. 1)

Taxation of Chargeable Gains Act 1992 (c. 12)

Audit Commission Act 1998 (c. 18)

Freedom of Information Act 2000 (c. 36)

Finance Act 2003 (c. 14)

Finance Act 2004 (c. 12)

Income Tax Act 2007 (c. 3)

Contents of notice

Review and withdrawal of notice

Appeals

Recovery of penalty charge

Repayments

Supplementary

Housing Act 1985 (c. 68)

Housing Act 1988 (c. 50)

Housing Act 1996 (c. 52)

Transitional provisions

Circumstances in which replacement tenancies arise

Nature of replacement tenancies

Status of possession order and other court orders

Continuity of tenancies

Compliance with consultation requirements

Joint tenancies

Successor landlords

Supplementary

Landlord and Tenant Act 1985 (c. 70)

Landlord and Tenant Act 1987 (c. 31)

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

Final demolition notices

Initial demolition notices

Transitional provision

Housing Act 1985 (c. 68)

Housing Act 1988 (c. 50)

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

Housing Act 1996 (c. 52)

Housing Act 1996 (c. 52)

Housing (Scotland) Act 1987 (c. 26)

Housing (Northern Ireland) Order 1988 (S.I. 1988/1990 (N.I. 23))

Immigration and Asylum Act 1999 (c. 33)

Criminal Justice and Immigration Act 2008 (c. 4)

Editorial notes