Legalize / United Kingdom / Public General Act

Localism Act 2011

Type Public General Act

Publication 2011-11-15

Last updated 2026-05-02

State In force

Department Statute Law Database

Source legislation.gov.uk

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(7) In paragraph 2(11) after “instrument” insert “ containing the order ”.

(8) Omit paragraph 3(6) (cases where Commission is appropriate authority).

(9) In paragraph 3(7) for “Where the appropriate authority is the Secretary of State, the” substitute “ The ”.

(10) Omit paragraph 4(8) (instruments made by Commission).

(11) In paragraph 4(9) after “instrument” insert “ containing the order ”.

(12) In paragraph 6(2) for the words after “payable to the person” substitute “ by the Secretary of State. ”

73

In Schedule 12 (application of Act to Scotland: modifications) in paragraph 27 (application of Part 1 of Schedule 5) after “32” insert “ , 32B(1)(a), (b) and (d) ”.

PART 2 — Other amendments

Parliamentary Commissioner Act 1967 (c. 13)

74

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) omit the entry for the Infrastructure Planning Commission.

House of Commons Disqualification Act 1975 (c. 24)

75

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) omit the entry for the Infrastructure Planning Commission.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

76

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) omit the entry for the Infrastructure Planning Commission.

Town and Country Planning Act 1990 (c. 8)

77

(1) The Town and Country Planning Act 1990 is amended as follows.

(2) In section 106A(11) (modification and discharge of planning obligations: meaning of “appropriate authority”)—

(a) in paragraph (aa) (Secretary of State is appropriate authority in certain development consent cases) omit the words after “any development consent obligation”, and

(b) omit paragraph (ab) (Commission is appropriate authority in all other development consent cases).

(3) In section 106B(1) (planning obligation appeals otherwise than from Secretary of State or Commission) omit “or the Infrastructure Planning Commission”.

(4) In section 106C (development consent obligations: legal challenges) omit “or the Infrastructure Planning Commission” (in both places).

Freedom of Information Act 2000 (c. 36)

78

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) omit the entry for the Infrastructure Planning Commission.

Government of Wales Act 2006 (c. 32)

79

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

SCHEDULE 14

Ground 1

1

This ground is that any rent lawfully due from a tenant under one of the existing tenancies has not been paid.

Ground 2

2

This ground is that an obligation under one of the existing tenancies has been broken or not performed.

Ground 3

3

This ground is that any of the relevant tenants is subject to an order of the court for possession of the dwelling-house let on that tenant's existing tenancy.

Ground 4

4

(1) This ground is that either of the following conditions is met.

(2) The first condition is that—

(a) proceedings have begun for possession of a dwelling-house let on an existing tenancy which is a secure tenancy, and

(b) possession is sought on one or more of grounds 1 to 6 in Part 1 of Schedule 2 to the Housing Act 1985 (grounds on which possession may be ordered despite absence of suitable accommodation).

(3) The second condition is that—

(a) a notice has been served on a relevant tenant under section 83 of that Act (notice of proceedings for possession), and

(b) the notice specifies one or more of those grounds and is still in force.

Ground 4A

4A

(1) This ground is that either of the following conditions is met.

(2) The first condition is that—

(a) proceedings have begun for possession of a dwelling-house let on an existing tenancy which is a secure tenancy, and

(b) possession is sought under section 84A of the Housing Act 1985 (absolute ground for possession for anti-social behaviour).

(3) The second condition is that—

(a) a notice has been served on a relevant tenant under section 83ZA of that Act (notice requirements in relation to proceedings for possession on absolute ground for anti-social behaviour), and

(b) the notice is still in force.

Ground 5

5

(1) This ground is that either of the following conditions is met.

(2) The first condition is that—

(a) proceedings have begun for possession of a dwelling-house let on an existing tenancy which is an assured tenancy, and

(b) possession is sought on one or more of the grounds in Part 2 of Schedule 2 to the Housing Act 1988 (grounds on which the court may order possession)

(3) The second condition is that—

(a) a notice has been served on a relevant tenant under section 8 of that Act (notice of proceedings for possession), and

(b) the notice specifies one or more of those grounds and is still in force.

Ground 5A

5A

(1) This ground is that either of the following conditions is met.

(2) The first condition is that—

(a) proceedings have begun for possession of a dwelling-house let on an existing tenancy which is an assured tenancy, and

(b) possession is sought on ground 7A in Part 1 of Schedule 2 to the Housing Act 1988 (absolute ground for possession for anti-social behaviour).

(3) The second condition is that—

(a) a notice has been served on a relevant tenant under section 8 of that Act (notice of proceedings for possession), and

(b) the notice specifies ground 7A and is still in force.

Ground 6

6

(1) This ground is that either of the following conditions is met.

(2) The first condition is that a relevant order , a suspended anti-social behaviour possession order or a suspended riot-related possession order is in force in respect of a relevant tenant or a person residing with a relevant tenant.

(3) The second condition is that an application is pending before any court for a relevant order, a demotion order , an anti-social behaviour possession order or a riot-related possession order to be made in respect of a relevant tenant or a person residing with a relevant tenant.

(4) In this paragraph—

a “relevant order” means—an injunction under section 152 of the Housing Act 1996 (injunctions against anti-social behaviour),an injunction to which a power of arrest is attached by virtue of section 153 of that Act (other injunctions against anti-social behaviour),an injunction under section 153A, 153B or 153D of that Act (injunctions against anti-social behaviour on application of certain social landlords),an anti-social behaviour order under section 1 of the Crime and Disorder Act 1998, ...an injunction to which a power of arrest is attached by virtue of section 91 of the Anti-social Behaviour Act 2003 or section 27 of the Police and Justice Act 2006;an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014, ora criminal behaviour order within the meaning given by section 330 of the Sentencing Code;

An “anti-social behaviour possession order” means an order for possession under Ground 2 in Schedule 2 to the Housing Act 1985 or Ground 14 in Schedule 2 to the Housing Act 1988.

a “demotion order” means a demotion order under section 82A of the Housing Act 1985 or section 6A of the Housing Act 1988;

A “riot-related possession order” means an order for possession under Ground 2ZA in Schedule 2 to the Housing Act 1985 or Ground 14ZA in Schedule 2 to the Housing Act 1988.

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

Ground 6A

6A

This ground is that a dwelling-house let on an existing tenancy is subject to a closure notice or closure order under Chapter 3 of Part 4 of the Anti-social Behaviour, Crime and Policing Act 2014.

Ground 7

7

This ground is that the accommodation afforded by the dwelling-house proposed to be let on the new tenancy is substantially more extensive than is reasonably required by the existing tenant or tenants to whom the tenancy is proposed to be granted.

Ground 8

8

This ground is that the extent of the accommodation afforded by the dwelling-house proposed to be let on the new tenancy is not reasonably suitable to the needs of—

(a) the existing tenant or tenants to whom the tenancy is proposed to be granted, and

(b) the family of that tenant or those tenants.

Ground 9

9

(1) This ground is that the dwelling house proposed to be let on the new tenancy meets both of the following conditions.

(2) The first condition is that the dwelling-house—

(a) forms part of or is within the curtilage of a building that, or so much of it as is held by the landlord—

(i) is held mainly for purposes other than housing purposes, and

(ii) consists mainly of accommodation other than housing accommodation, or

(b) is situated in a cemetery.

(3) The second condition is that the dwelling-house was let to any tenant under the existing tenancy of that dwelling-house, or a predecessor in title of the tenant, in consequence of the tenant or the predecessor being in the employment of—

(a) the landlord under the tenancy,

(b) a local authority,

(d) a housing action trust,

(e) an urban development corporation, or

(f) the governors of an aided school.

Ground 10

10

This ground is that the landlord is a charity and the occupation of the dwelling-house proposed to be let on the new tenancy by the relevant tenant or tenants to whom the new tenancy is proposed to be granted would conflict with the objects of the charity.

Ground 11

11

(1) This ground is that both of the following conditions are met.

(2) The first condition is that the dwelling-house proposed to be let on the new tenancy has features that—

(a) are substantially different from those of ordinary dwelling-houses, and

(b) are designed to make it suitable for occupation by a physically disabled person who requires accommodation of the kind provided by the dwelling-house.

(3) The second condition is that if the new tenancy were granted there would no longer be such a person residing in the dwelling-house.

Ground 12

12

(1) This ground is that both of the following conditions are met.

(2) The first condition is that the landlord is a housing association or housing trust which lets dwelling-houses only for occupation (alone or with others) by persons whose circumstances (other than merely financial circumstances) make it especially difficult for them to meet their need for housing.

(3) The second condition is that, if the new tenancy were granted, there would no longer be such a person residing in the dwelling-house proposed to be let on the new tenancy.

Ground 13

13

(1) This ground is that all of the following conditions are met.

(2) The first condition is that the dwelling-house proposed to be let on the new tenancy is one of a group of dwelling-houses which it is the practice of the landlord to let for occupation by persons with special needs.

(3) The second condition is that a social service or special facility is provided in close proximity to the group of dwelling-houses to assist persons with those special needs.

(4) The third condition is that if the new tenancy were granted there would no longer be a person with those special needs residing in the dwelling-house.

Ground 14

14

(1) This ground is that all of the following conditions are met.

(2) The first condition is that—

(a) the dwelling-house proposed to be let on the new tenancy is the subject of a management agreement under which the manager is a housing association, and

(b) at least half the members of the association are tenants of dwelling-houses subject to the agreement.

(3) The second condition is that at least half the tenants of the dwelling-houses are members of the association.

(4) The third condition is that no relevant tenant to whom the new tenancy is proposed to be granted is, or is willing to become, a member of the association.

(5) References in this paragraph to a management agreement include a section 247 or 249 arrangement as defined by 250A(6) of the Housing and Regeneration Act 2008.

SCHEDULE 15

1

Part 6 of the Local Government and Housing Act 1989 (housing finance) is amended as follows.

2

(1) Section 79 (Housing Revenue Account subsidy) is amended as follows.

(2) In subsection (1) after “local housing authorities” insert “ in Wales ”.

(3) In subsection (2) for “appropriate person” in both places substitute “ Welsh Ministers ”.

3

(1) Section 80 (calculation of Housing Revenue Account Subsidy) is amended as follows.

(2) In subsection (1)—

(a) after “local housing authority” insert “ in Wales ”, and

(b) for “appropriate person” substitute “ Welsh Ministers ”.

(3) In subsection (1A)(b)—

(a) in sub-paragraph (i) for “appropriate person” in both places substitute “ Welsh Ministers ”, and

(b) in sub-paragraph (ii)—

(i) for “appropriate person's” substitute “Welsh Ministers'”, and

(ii) for “appropriate person” substitute “ Welsh Ministers ”.

(4) In subsection (3)—

(a) in the opening words for “appropriate person” substitute “ Welsh Ministers ”,

(b) in the opening words for “he considers” substitute “ they consider ”,

(d) in paragraph (c) for “he thinks” substitute “ the Welsh Ministers think ”.

(5) In subsection (4)—

(a) in the opening words for “(or each authority in England or in Wales)” substitute “ in Wales ”,

(b) in paragraph (a)—

(i) for the “appropriate person considers” substitute “ Welsh Ministers consider ”, and

(ii) for “(or all of the authorities in England or Wales)” substitute “ in Wales ”, and

(i) for “them” substitute “ the authorities ”,

(ii) for the “appropriate person considers” substitute “ Welsh Ministers consider ”,

(iii) for “he thinks” substitute “ the Welsh Ministers think ”,

(iv) for “their” substitute “the authorities'”, and

(v) for “they” substitute “ the authorities ”.

(6) In subsection (5) for “appropriate person's” substitute “Welsh Ministers'”.

(7) In subsection (6)—

(a) for “appropriate person” substitute “ Welsh Ministers ”,

(b) for “him” substitute “ them ”, and

4

(1) Section 80ZA (negative amounts of subsidy payable to appropriate person) is amended as follows.

(2) In the heading for “appropriate person” substitute “ Welsh Ministers ”.

(3) In subsection (1)(b) for “appropriate person” substitute “ Welsh Ministers ”.

(4) In subsection (2)—

(a) for “appropriate person” substitute “ Welsh Ministers ”,

(b) for “him” substitute “ them ”, and

(5) In subsection (3) for “appropriate person” substitute “ Welsh Ministers ”.

(6) In subsection (4)—

(a) for “appropriate person” substitute “ Welsh Ministers ”,

(b) for “he” substitute “ the Welsh Ministers ”, and

(7) In subsection (5)—

(a) for “appropriate person” substitute “ Welsh Ministers ”, and

(b) for “him” in both places substitute “ the Welsh Ministers ”.

5

(1) Section 80A (final decision on amount of Housing Revenue Account subsidy) is amended as follows.

(2) In subsection (1)—

(a) after the first “authority” insert “ in Wales ”,

(b) for “Secretary of State” substitute “ Welsh Ministers ”,

(d) for “his” substitute “ their ”.

(3) In subsection (1A) for “Secretary of State” substitute “ Welsh Ministers ”.

(4) In subsection (1B)—

(a) in paragraph (a) for “Secretary of State” substitute “ Welsh Ministers ”,

(b) in paragraph (c) for “Secretary of State has” substitute “ Welsh Ministers have ”, and

(5) In subsection (1C) for “Secretary of State” in both places substitute “ Welsh Ministers ”.

(6) In subsection (1D) for “Secretary of State” in both places substitute “ Welsh Ministers ”.

(7) In subsection (4)—

(a) for “Secretary of State” substitute “ Welsh Ministers ”, and

(b) for “he thinks” substitute “ they think ”.

(8) In subsection (5) for “Secretary of State” substitute “ Welsh Ministers ”.

6

(1) Section 80B (agreements to exclude certain authorities or property) is amended as follows.

(2) In subsection (1) for “appropriate person” substitute “ Welsh Ministers ”.

(3) In subsection (3)—

(a) in paragraph (b) for “appropriate person” in both places substitute “ Welsh Ministers ”, and

(b) in paragraph (e) for “appropriate person” substitute “ Welsh Ministers ”.

(4) In subsection (4) for “appropriate person” substitute “ Welsh Ministers ”.

7

Omit sections 82 to 84 (residual debt subsidy and housing subsidy for year 1989-90).

8

(1) Section 85 (power to obtain information) is amended as follows.

(2) In subsection (1)—

(a) after “authority” in both places insert “ in Wales ”,

(b) for “Secretary of State” in both places substitute “ Welsh Ministers ”,

(d) for “his” substitute “ their ”, and

(e) omit “or 83”.

(3) In subsection (2)—

(a) for “Secretary of State” substitute “ Welsh Ministers ”,

(b) for “him” substitute “ them ”, and

(4) In subsection (3)—

(a) for “Secretary of State” substitute “ Welsh Ministers ”,

(b) for the first “he” substitute “ the Welsh Ministers ”,

(d) omit “or 83”, and

(e) for “he sees” substitute “ they see ”.

9

In section 86(1) (recoupment of subsidy in certain cases)—

(a) omit “or residual debt subsidy”,

(b) for “Secretary of State” substitute “ Welsh Ministers ”,

(d) for “he” in each place substitute “ they ”.

10

(1) Section 88 (construction and application of Part 6) is amended as follows.

(2) Omit subsection (2).

(3) In subsection (3) omit “Subject to subsection (2) above,”.

(4) Omit subsections (4) and (5).

11

(1) Schedule 4 (the keeping of the Housing Revenue Account) is amended as follows.

(2) In Part 2 (debits to the account) in Item 5 (sums payable under section 80ZA) for “the Secretary of State, or the National Assembly for Wales,” substitute “ the Welsh Ministers ”.

(3) In Part 3 (special cases) in paragraph 2(1) (credit balance where no HRA subsidy payable) after “authority” insert “ in Wales ”.

SCHEDULE 16

PART 1 — Amendments to the Housing and Regeneration Act 2008

1

The Housing and Regeneration Act 2008 is amended as follows.

2

In section 2 (the HCA: objects) after subsection (1) insert—

(1A) It is also an object of the HCA to facilitate the exercise through its Regulation Committee of the functions conferred on the HCA— (a) as the regulator by virtue of Part 2 (regulation of social housing), or (b) as the Regulator of Social Housing by virtue of any other enactment or instrument.

3

In section 4 (powers of the HCA: general) in subsection (6) for the “and” at the end of paragraph (a) substitute—

(aa) subsections (2) to (5) do not apply to the powers conferred on the HCA— (i) as the regulator by virtue of Part 2 (but see section 92I (exercise of functions)), or (ii) as the Regulator of Social Housing by virtue of any other enactment or instrument, and

4

(1) Section 31 (duties in relation to social housing) is amended as follows.

(2) Omit subsections (9) and (10).

(3) In subsection (11) omit—

(a) “or low cost home ownership accommodation”, and

(b) “or (as the case may be) low cost home ownership accommodation”.

(4) In subsection (12) omit the definition of “low cost home ownership accommodation”.

5

In section 32 (recovery etc of social housing assistance) omit subsection (11).

6

In section 34(2) (determinations under sections 32 and 33)—

(a) omit paragraph (a), and

(b) in paragraph (b) omit “other”.

7

Omit section 37 (duty to co-operate with Regulator of Social Housing).

8

(1) Section 42 (agency arrangements with UDCs) is amended as follows.

(2) In subsection (2)(a) after “Chapter 3” insert “ or the functions to which subsection (2A) applies ”.

(3) After that subsection insert—

(2A) The functions to which this subsection applies are the functions conferred on the HCA— (a) as the regulator by virtue of Part 2, or (b) as the Regulator of Social Housing by virtue of any other enactment or instrument.

9

In section 46 (guidance by the Secretary of State) after subsection (7) insert—

(8) This section does not apply to the functions conferred on the HCA— (a) as the regulator by virtue of Part 2, or (b) as the Regulator of Social Housing by virtue of any other enactment or instrument.

10

In section 47 (directions by the Secretary of State) after subsection (6) insert—

(7) This section does not apply to the functions conferred on the HCA— (a) as the regulator by virtue of Part 2, or (b) as the Regulator of Social Housing by virtue of any other enactment or instrument.

11

In the Table in section 58 (Part 1: index of defined expressions) in the entry for “Regulator of Social Housing” for “Section 81(2)(a)” substitute “ Section 92A(2) ”.

12

In the Table in section 60(4) (structural overview of Part 2) for the entry relating to Chapter 2 substitute—

2	92A to 109	The Social Housing Regulator	aThe regulator and the Regulation CommitteebFundamental objectivescPowersdMoneyeInformation

13

Omit section 78 (the Regulator of Social Housing).

14

Omit section 81 (the regulator: establishment).

15

Omit section 82 (the regulator: membership).

16

Omit section 83 (the regulator: tenure of office of members).

17

Omit section 84 (the regulator: chief executive).

18

Omit section 85 (the regulator: other staff).

19

Omit section 86 (the regulator: fundamental objectives).

20

Omit section 87 (the regulator: procedure).

21

Omit section 88 (the regulator: conflict of interest).

22

Omit section 89 (the regulator: committees).

23

Omit section 90 (the regulator: delegation).

24

Omit section 91 (the regulator: seal).

25

Omit section 92 (the regulator: annual report).

26

After that section insert—

(92A) (1) In this Part “the regulator” means the HCA. (2) In any other enactment or instrument “the Regulator of Social Housing” means the HCA. (92B) (1) The HCA must establish a committee to be known as the Regulation Committee. (2) The functions conferred on the HCA as the regulator by virtue of this Part, or as the Regulator of Social Housing by virtue of any other enactment or instrument, are exercisable by the HCA acting through the Regulation Committee. (3) Those functions are not exercisable by the HCA in any other way. (4) Subsections (2) and (3) are subject to any express provision to the contrary in this Part or in the enactment or instrument in question. (5) References in this Part to the functions of the regulator are to the functions mentioned in subsection (2). (6) References in any enactment or instrument to the social housing functions of the HCA or the Regulator of Social Housing are to the functions mentioned in subsection (2). (92C) (1) The Regulation Committee is to consist of— (a) a person appointed by the Secretary of State to chair the Committee (“the chair”), and (b) not less than four and not more than six other members appointed by the Secretary of State. (2) The chair of the Committee must not be a member of the HCA immediately prior to the chair's appointment as such, but becomes a member of the HCA on appointment. (3) One other member of the Committee may be a member of the HCA. (4) The member within subsection (3) is referred to in this Part as the internal member. (5) The remaining members of the Committee must be neither a member nor a member of staff of the HCA. (6) A member within subsection (5) is referred to in this Part as an external member. (7) The Secretary of State must consult the chair before appointing the other members. (8) In appointing a person to be a member, the Secretary of State must have regard to the desirability of appointing a person who has experience of, and has shown some capacity in, a matter relevant to the exercise of the functions of the regulator. (9) In appointing a person to be a member, the Secretary of State must be satisfied that the person will have no financial or other interest likely to affect prejudicially the exercise of the person's functions as a member. (10) The Secretary of State may require any person whom the Secretary of State proposes to appoint as a member to provide such information as the Secretary of State considers necessary for the purposes of subsection (9). (92D) (1) A member of the Regulation Committee holds office in accordance with the member's terms of appointment. (2) A member may resign by serving notice on the Secretary of State. (3) A person ceases to be the chair if the person— (a) resigns that office by serving notice on the Secretary of State, or (b) ceases to be a member of the Committee. (4) If a person ceases to be the chair, the person— (a) ceases to be a member of the Committee, and (b) ceases to be a member of the HCA. (5) A person ceases to be the internal member if the person ceases to be a member of the HCA. (6) A person who ceases to be a member or the chair is eligible for reappointment (subject to section 92C). (7) The Secretary of State may remove a member who— (a) has been absent from meetings of the Committee without its permission for more than six months, (b) has become bankrupt or has made an arrangement with the member's creditors, (c) the Secretary of State thinks has failed to comply with the member's terms of appointment, or (d) the Secretary of State thinks is otherwise unable, unfit or unsuitable to exercise the functions of that member. (92E) (1) The Secretary of State may require the HCA to pay to the chair such additional remuneration and allowances as the Secretary of State may decide. (2) The Secretary of State may require the HCA to pay to the external members of the Regulation Committee such remuneration and allowances as the Secretary of State may decide. (3) The Secretary of State may require the HCA to— (a) pay such pensions, allowances or gratuities as the Secretary of State may decide to or in respect of any external member or former external member; (b) pay such sums as the Secretary of State may decide towards provision for the payment of pensions, allowances or gratuities to or in respect of any external member or former external member. (4) Subsection (5) applies if— (a) a person ceases to be an external member, and (b) the Secretary of State considers that there are special circumstances that make it appropriate for the person to receive compensation. (5) The Secretary of State may require the HCA to pay the person such amount as the Secretary of State may decide. (92F) (1) The Regulation Committee may establish one or more sub-committees. (2) A sub-committee may include persons who are not members of the Committee. (3) The Secretary of State may require the HCA to pay such remuneration and allowances as the Secretary of State may decide to any person who— (a) is a member of a sub-committee, but (b) is not a member of the Committee. (4) The HCA may dissolve a sub-committee. (92G) (1) The Regulation Committee may decide— (a) its own procedure, and (b) the procedure of any of its sub-committees. (2) Subject to subsection (1), a sub-committee may decide its own procedure. (3) The validity of proceedings of the Committee or of any of its sub-committees is not affected by— (a) any vacancy in its membership, (b) any defect in the appointment of a member, or (c) any contravention of section 92H (members' interests). (4) In this section “procedure” includes quorum. (92H) (1) A member of the Regulation Committee who is directly or indirectly interested in any matter arising at a meeting of the Committee must disclose the nature of that interest to the meeting. (2) A member of a sub-committee of the Committee who is directly or indirectly interested in any matter arising at a meeting of the sub-committee must disclose the nature of that interest to the meeting. (3) In a case within subsection (1) or (2)— (a) the member must not take part in any deliberation or decision about the matter if it is a contract or agreement of any description, but (b) may otherwise take part in any deliberation or decision about the matter unless at least one-third of the other members at the meeting decide that the interests disclosed might prejudicially affect the member's consideration of the matter. (92I) (1) The Regulation Committee may delegate any of the functions of the regulator to— (a) any of its members, (b) any of its sub-committees, or (c) any member of staff of the HCA. (2) A sub-committee of the Committee may delegate any function conferred on it to any member of staff of the HCA. (3) A power of the HCA that is a function of the regulator— (a) may be exercised separately or together with, or as part of, another such power; (b) does not limit the scope of another such power. (92J) (1) The Regulation Committee may make recommendations to the HCA about the exercise of the HCA's functions. (2) The HCA must publish, in such manner as it thinks fit— (a) a recommendation received from the Regulation Committee under this section, and (b) the HCA's response to it. (3) In this section the reference to the HCA's functions does not include the functions of the regulator. (92K) (1) The regulator must perform its functions with a view to achieving (so far as is possible)— (a) the economic regulation objective, and (b) the consumer regulation objective. (2) The economic regulation objective is— (a) to ensure that registered providers of social housing are financially viable and properly managed, and perform their functions efficiently and economically, (b) to support the provision of social housing sufficient to meet reasonable demands (including by encouraging and promoting private investment in social housing), (c) to ensure that value for money is obtained from public investment in social housing, (d) to ensure that an unreasonable burden is not imposed (directly or indirectly) on public funds, and (e) to guard against the misuse of public funds. (3) The consumer regulation objective is— (a) to support the provision of social housing that is well-managed and of appropriate quality, (b) to ensure that actual or potential tenants of social housing have an appropriate degree of choice and protection, (c) to ensure that tenants of social housing have the opportunity to be involved in its management and to hold their landlords to account, and (d) to encourage registered providers of social housing to contribute to the environmental, social and economic well-being of the areas in which the housing is situated. (4) The objectives are referred to in this Part as the regulator's fundamental objectives. (5) The regulator must exercise its functions in a way that— (a) minimises interference, and (b) (so far as is possible) is proportionate, consistent, transparent and accountable.

27

In section 93(1) (the regulator: general functions) for “conferred on it by this Part or another enactment” substitute “ of the regulator ”.

28

Omit section 99 (the regulator: remuneration).

29

In section 100 (charging)—

(a) at the beginning insert “ (1) ”, and

(b) at the end of the subsection (1) so formed insert—

(2) The functions of billing for and receiving the payment of charges under this section are exercisable by the HCA rather than by the HCA acting through its Regulation Committee.

30

Omit section 101 (the regulator: assistance by Secretary of State).

31

Omit section 102 (the regulator: borrowing).

32

Omit section 103 (the regulator: accounts).

33

Omit section 104 (the regulator: financial year).

34

Omit section 105 (the regulator: co-operation with the HCA).

35

Omit section 106 (the regulator: direction to the HCA).

36

In section 112(4) (duty to consult before setting criteria for voluntary registration) omit paragraph (a).

37

(1) Section 117 (the regulator: fees) is amended as follows.

(2) In subsection (5)(a) after “the performance of” insert “the regulator's”.

(3) In subsection (9) for “regulator's” substitute “HCA's”.

(4) After that subsection insert—

(10) The functions of billing for and receiving the payment of fees under this section are exercisable by the HCA rather than by the HCA acting through its Regulation Committee.

38

In section 145 (moratorium) omit subsection (4).

39

(1) Section 146 (duration of moratorium) is amended as follows.

(2) In subsection (4)—

(a) at the end of paragraph (a) insert “ and ”, and

(b) omit paragraph (c).

(3) Omit subsection (8).

40

In section 147(4) (further moratorium)—

(a) at the end of paragraph (a) insert “ and ”, and

(b) omit paragraph (c).

41

In section 174(5) (procedure for consent to disposal of social housing) omit paragraph (a).

42

In section 196(1) (consultation on standards and codes of practice) omit paragraph (f).

43

In section 197(4) (direction by Secretary of State) omit paragraph (b).

44

In section 202 (inspections: supplemental) after subsection (7) insert—

(8) The functions of billing for and receiving the payment of fees under this section are exercisable by the HCA rather than by the HCA acting through its Regulation Committee.

45

In section 216 (consultation on use of intervention powers) omit paragraph (e).

46

In section 222 (notification of use of enforcement notice) omit paragraph (a).

47

In section 230(2) (pre-penalty warning) omit paragraph (a).

48

Omit section 232 (duty to notify HCA of penalty notice).

49

In section 242(3) (pre-compensation warning) omit paragraph (a).

50

(1) Section 248 (supplemental provisions about management tenders) is amended as follows.

(2) In subsection (4) omit paragraph (a).

(3) In subsection (7) omit paragraph (c).

(4) In subsection (8) omit paragraph (a).

51

(1) Section 250 (supplemental provisions about management transfers) is amended as follows.

(2) In subsection (4) omit paragraph (a).

(3) In subsection (7) omit paragraph (c).

(4) In subsection (8) omit paragraph (a).

52

(1) Section 252 (supplemental provisions about appointment of managers) is amended as follows.

(2) In subsection (4) omit paragraph (a).

(3) Omit subsection (7).

53

(1) The Table in section 276 (Part 2: index of defined terms) is amended as follows.

(2) Omit the entry for “Appointed member”.

(3) In the entry for “Fundamental objectives” for “Section 86” substitute “ Section 92K ”.

(4) In the entry for “The regulator” for “Section 81” substitute “ Section 92A ”.

(5) In the entry for “The Regulator of Social Housing” for “Section 81” substitute “ Section 92A ”.

(6) Insert the following entries at the appropriate place—

The chair	Section 92C”;
“External member	Section 92C”;
“The internal member	Section 92C

54

(1) Schedule 1 (constitution of the Homes and Communities Agency) is amended as follows.

(2) In paragraph 1 (appointment of membership) after sub-paragraph (4) insert—

(5) A person who is an external member of the Regulation Committee (see section 92C) may not be appointed as a member of the HCA.

(3) After paragraph 17 insert—

(18) The provisions in this Schedule about the HCA's committees and their sub-committees do not apply in relation to the Regulation Committee or its sub-committees (as to which see in particular sections 92A to 92I).

PART 2 — Amendments consequential on Part 1

Public Records Act 1958 (c. 51)

55

In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the Table at the end of paragraph 3 omit the entry for the Office for Tenants and Social Landlords.

Parliamentary Commissioner Act 1967 (c. 13)

56

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) omit the entry for the Office for Tenants and Social Landlords.

House of Commons Disqualification Act 1975 (c. 24)

57

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) omit the entry for the Office for Tenants and Social Landlords.

Freedom of Information Act 2000 (c. 36)

58

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities) omit the entry for the Office for Tenants and Social Landlords.

Housing (Scotland) Act 2010 (asp 17)

59

The Housing (Scotland) Act 2010 is amended as follows.

60

In section 18(2) (co-operation with other regulators: definition of “relevant regulators”) in paragraph (a) for “the Office for Tenants and Social Landlords” substitute “ the Regulator of Social Housing ”.

61

In section 68(3) (determination of accounting requirements for registered social landlords: consultation with other bodies) in paragraph (c) for “the Office for Tenants and Social Landlords” substitute “ the Regulator of Social Housing ”.

Equality Act 2010 (c. 15)

62

In Schedule 19 to the Equality Act 2010 (public authorities) omit the entry for the Office for Tenants and Social Landlords.

PART 3 — Transfer of property, rights and liabilities

Transfer of property, rights and liabilities

63

(1) The property, rights and liabilities to which the Office is entitled or subject immediately before the commencement of this paragraph transfer to and vest in the HCA.

(2) This paragraph has effect in spite of any provision (of whatever nature) that would otherwise prevent, penalise or restrict the transfer of the property, rights or liabilities.

(3) In particular, it has effect regardless of a contravention, liability or interference with an interest or right that would otherwise exist by reason of such a provision having effect in relation to the terms on which the Office is entitled to the property or right, or subject to the liability, in question.

(4) A certificate by the Secretary of State that anything specified in the certificate has vested in the HCA under this paragraph is conclusive evidence for all purposes of that fact.

Employment contracts: transfer of rights and liabilities

64

(1) The rights and liabilities transferred by paragraph 63 include rights or liabilities under a contract of employment.

(2) The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) apply to the transfer by virtue of that paragraph of rights or liabilities under a contract of employment (whether or not it is a relevant transfer for the purposes of those regulations).

Continuity

65

(1) The transfer of property, rights and liabilities by virtue of paragraph 63 does not affect the validity of anything done (or having effect as if done) by or in relation to the Office before the transfer takes effect.

(2) Anything that—

(a) is done (or has effect as if done) by or in relation to the Office for the purposes of, or otherwise in connection with, anything transferred by paragraph 63, and

(b) has effect immediately before the transfer date,

is to be treated as done by or in relation to the HCA.

(3) There may be continued by or in relation to the HCA anything (including legal proceedings) that—

(a) relates to anything transferred under paragraph 63, and

(b) is in the process of being done by or in relation to the Office immediately before the transfer date.

(4) Sub-paragraph (5) applies to any document that—

(a) relates to anything transferred under paragraph 63, and

(b) is in effect immediately before the transfer date.

(5) Any references (however expressed) in the document to the Office are to be read, so far as is necessary for the purposes of the transfer, as references to the HCA.

Interpretation

66

In this Part of this Schedule—

“the Office” means the Office for Tenants and Social Landlords constituted by Chapter 2 of Part 2 of the Housing and Regeneration Act 2008 as originally enacted;

“the transfer date” means the date on which paragraph 63 comes into force.

PART 4 — Transitional and saving provisions

Final annual report

67

(1) As soon as is reasonably practicable after the abolition date, the HCA must prepare a report on the performance of the functions of the Office—

(a) in the last financial year to end before the abolition date, and

(b) in the period (if any) beginning immediately after the end of that financial year and ending immediately before the abolition date.

(2) Sub-paragraph (1)(a) does not apply if the Office has already sent a report under section 92 of the Housing and Regeneration Act 2008 to the Secretary of State in respect of the financial year.

(3) The report must, in particular—

(a) specify any direction given to the Office by the Secretary of State in the period to which it relates under section 197 of the Housing and Regeneration Act 2008, and

(b) contain a general description of complaints made to the Office in that period about the performance of registered providers of social housing and of how those complaints have been dealt with.

(4) The HCA must send a report under this paragraph to the Secretary of State as soon as is reasonably practicable after preparing it.

(5) The Secretary of State must lay the report before Parliament.

Final accounts

68

(1) As soon as is reasonably practicable after the abolition date, the HCA must prepare—

(a) a statement of the accounts of the Office for the last financial year to end before the abolition date, and

(b) a statement of the accounts of the Office for the period (if any) beginning immediately after the end of that financial year and ending immediately before the abolition date.

(2) A statement under this paragraph must be prepared in accordance with the direction given by the Secretary of State to the Office dated 12 August 2009.

(3) The HCA must, as soon as is reasonable practicable after preparing a statement under this section, send a copy of it to the Secretary of State and the Comptroller and Auditor General.

(4) The Comptroller and Auditor General must—

(a) examine, certify and report on the statement, and

(b) lay a copy of the report before Parliament.

(5) Sub-paragraph (1)(a) does not apply if the Office has already sent a copy of its statement of accounts for the year to the Comptroller and Auditor General.

(6) In such a case the repeal of section 103(5) of the Housing and Regeneration Act 2008 does not remove the obligation of the Comptroller and Auditor General to take the steps specified in that provision in relation to the statement of accounts if the Comptroller has not already done so.

General transitional and saving provisions

69

(1) Section 92A of the Housing and Regeneration Act 2008 does not apply to an enactment or instrument if and to the extent that it makes provision about a time before the commencement of the insertion of that section by paragraph 26.

(2) In relation to such a time—

(a) references in Part 2 of that Act to “the regulator” are to the Office, and

(b) references in any other enactment or instrument to “the Regulator of Social Housing” are to the Office.

(3) The transfer of functions from the Office to the HCA by virtue of this Schedule does not affect the validity of anything done (or having effect as if done) by or in relation to the Office before the transfer takes effect.

(4) Anything that—

(a) is done (or has effect as if done) by or in relation to the Office for the purposes of, or otherwise in connection with, a function transferred by virtue of this Schedule, and

(b) has effect immediately before the date on which the function is transferred,

is to be treated as done by or in relation to the HCA.

(5) There may be continued by or in relation to the HCA anything (including legal proceedings) that—

(a) relates to a function transferred by virtue of this Schedule, and

(b) is in the process of being done by or in relation to the Office immediately before the date on which the function is transferred.

(6) Sub-paragraph (7) applies to any document that—

(a) relates to a function transferred by virtue of this Schedule, and

(b) is in effect immediately before the date on which the function is transferred.

(7) Any references (however expressed) in the document to the Office are to be read, so far as is necessary for the purposes of the transfer, as references to the HCA.

Interpretation

70

In this Part of this Schedule—

“the abolition date” means the date on which the repeal of section 81 of the Housing and Regeneration Act 2008 by Part 1 of this Schedule comes into force;

“financial year” means the period of 12 months ending with 31 March in any year;

“the Office” means the Office for Tenants and Social Landlords constituted by Chapter 2 of Part 2 of the Housing and Regeneration Act 2008 as originally enacted.

SCHEDULE 17

1

Part 2 of the Housing and Regeneration Act 2008 (regulation of social housing) is amended as follows.

2

In section 122 (restriction on gifts and distributions by non-profit registered providers to members etc) after subsection (6) insert—

(7) The Secretary of State may by order amend this section for the purpose of— (a) adding to the permitted classes, or (b) modifying or removing a permitted class added by order under this subsection. (8) Before making an order under subsection (7), the Secretary of State must consult— (a) the Charity Commission, (b) the regulator, and (c) one or more bodies appearing to the Secretary of State to represent the interests of registered providers.

3

(1) Section 192 (overview of Chapter 6) is amended as follows.

(2) In paragraph (a) for “198” substitute “ 198B ”.

(3) In paragraph (d) for “complaints” substitute “ the submission of information and opinions ”.

4

(1) Section 193 (standards as to provision of social housing) is amended as follows.

(2) In the heading for “Provision of social housing” substitute “ Standards relating to consumer matters ”.

(3) In subsection (2) omit paragraph (c).

5

(1) Section 194 (management of financial and other affairs of registered providers) is amended as follows.

(2) In the heading for “Management” substitute “ Standards relating to economic matters ”.

(3) In subsection (1) omit “the management of”.

(4) After that subsection insert—

(1A) Standards under subsection (1) may, in particular, require private registered providers to comply with specified rules about— (a) the management of their financial and other affairs, and (b) their efficiency in carrying on their financial and other affairs.

(5) After subsection (2) insert—

(2A) The regulator may set standards for registered providers requiring them to comply with specified rules about their levels of rent (and the rules may, in particular, include provision for minimum or maximum levels of rent or levels of increase or decrease of rent).

6

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

7

In section 197(1) (directions by Secretary of State as to standards) in each of paragraphs (a) and (b) after “193” insert “ or 194 ”.

8

In section 198 (supplemental provision about standards) omit subsection (1).

9

After that section insert—

(198A) (1) Failure by a registered provider to meet a standard under section 193 (standards relating to consumers matters) is a ground for exercising a power in this Chapter or Chapter 7. (2) But a power to which this subsection applies may be exercised on that ground only if the regulator thinks there are reasonable grounds to suspect that— (a) the failure has resulted in a serious detriment to the registered provider's tenants or potential tenants, or (b) there is a significant risk that, if no action is taken by the regulator, the failure will result in a serious detriment to the registered provider's tenants or potential tenants. (3) Subsection (2) applies to the powers conferred by any of the following— (a) section 199 (surveys); (b) section 201 (inspections); (c) section 206 (inquiries); (d) section 220 (enforcement notices); (e) section 227 (penalties); (f) section 237 (compensation); (g) section 247 (management tender); (h) section 251 (appointment of manager). (4) The risk that, if no action is taken by a registered provider or the regulator, the registered provider will fail to meet a standard under section 193 is a ground for exercising a power in this Chapter. (5) But a power in this Chapter may be exercised on that ground only if the regulator thinks there are reasonable grounds to suspect that, if the failure occurs— (a) the failure will result in a serious detriment to the registered provider's tenants or potential tenants, or (b) there will be a significant risk that, if no action is taken by the regulator, the failure will result in a serious detriment to the registered provider's tenants or potential tenants. (6) In considering whether to exercise a power within subsection (1) or (4) on the ground mentioned in that subsection, the regulator must have regard to any information it has received from any of the following— (a) the Commission for Local Administration in England; (b) a housing ombudsman appointed in accordance with a scheme approved under Schedule 2 to the Housing Act 1996; (c) any body appearing to the regulator to represent the interests of tenants of social housing in England; (d) a county council in England, a district council, a London borough council, the Common Council of the City of London in its capacity as a local authority, the Council of the Isles of Scilly or a parish council; (e) a member of any of the bodies listed in paragraph (d); (f) the Greater London Authority; (g) a Member of Parliament; (h) a fire and rescue authority under the Fire and Rescue Services Act 2004; (i) the Health and Safety Executive; (j) the Secretary of State. (198B) (1) Failure by a registered provider to meet a standard under section 194 (standards relating to economic matters) is a ground for exercising a power in this Chapter or Chapter 7 (if the power is otherwise exercisable in relation to a registered provider of that kind). (2) The risk that, if no action is taken by a registered provider or the regulator, the registered provider will fail to meet a standard under section 194 is a ground for exercising a power in this Chapter.

10

(1) Section 201 (inspections) is amended as follows.

(2) For subsection (2) substitute—

(2) The person may be a member of the regulator's staff if the Secretary of State consents. (2A) Consent under subsection (2) may be general or specific.

(3) Omit subsection (3).

(4) Omit subsection (6).

(5) For subsection (7) substitute—

(7) Arrangements for a person other than a member of the regulator's staff to carry out an inspection may include provision about payments.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Omit subsection (8).

11

(1) Section 202 (inspections: supplemental) is amended as follows.

(2) In subsection (6) omit paragraph (c).

(3) In subsection (7)—

(a) at the end of paragraph (a) insert “ and ”, and

(b) omit paragraph (c).

12

In section 203 (inspector's powers) for subsection (12) substitute—

(12) In this section “inspector” means a person authorised in writing by the regulator to exercise the powers under this section for the purposes of an inspection under section 201.

13

Omit section 204 (performance information).

14

Omit section 205 (publication of performance information).

15

(1) Section 215 (guidance on use of intervention powers) is amended as follows.

(2) In subsection (1)(a) for “complaints” substitute “ the submission of information ”.

(3) In subsection (2) for paragraphs (a) to (c) substitute “ how the regulator will deal with the submissions it receives. ”

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

In section 216 (consultation)—

(a) before paragraph (a) insert—

(za) the Secretary of State,

, and

(b) omit paragraph (d).

17

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

18

In section 320 of the Housing and Regeneration Act 2008 (orders and regulations)—

(a) in subsection (3)(a) (orders subject to approval in draft by each House of Parliament), after “114” insert “ , 122 ”, and

(b) in subsection (7)(a) (orders subject to annulment by either House of Parliament, and exceptions from that requirement), after “114” insert “ , 122 ”.

SCHEDULE 18

Terrorism Act 2000 (c. 11)

1

In Schedule 3A to the Terrorism Act 2000 (regulated sector and supervisory authorities) in paragraph 2(1) (excluded activities)—

(a) at the end of paragraph (d) insert “ or ”, and

(b) omit paragraph (f).

Proceeds of Crime Act 2002 (c. 29)

2

In Schedule 9 to the Proceeds of Crime Act 2002 (regulated sector and supervisory authorities) in paragraph 2(1) (excluded activities)—

(a) at the end of paragraph (d) insert “ or ”, and

(b) omit paragraph (f).

Housing and Regeneration Act 2008 (c. 17)

3

In section 290(2)(e) of the Housing and Regeneration Act 2008 (power to make regulations) omit “made by virtue of Part 5 of the Housing Act 2004 (c. 34) (home information packs) or”.

SCHEDULE 19

Public Health Act 1961 (c. 64)

1

In Schedule 4 to the Public Health Act 1961 (attachment of street lighting equipment to certain buildings) in the entry for a building owned by a development corporation established under the New Towns Act 1946 etc at the end insert “ or the Greater London Authority so far as exercising its new towns and urban development functions. ”

Leasehold Reform Act 1967 (c. 88)

2

In section 37(1)(ba)(i) of the Leasehold Reform Act 1967 (definition of “new towns residuary body”) after “2008” insert “ or the Greater London Authority so far as exercising its new towns and urban development functions ”.

Land Compensation Act 1973 (c. 26)

3

In section 39(9)(b)(i) of the Land Compensation Act 1973 (definition of “new towns residuary body”) after “2008” insert “ or the Greater London Authority so far as exercising its new towns and urban development functions ”.

Rent (Agriculture) Act 1976 (c. 80)

4

In section 5(3A) of the Rent (Agriculture) Act 1976 (definition of “English new towns residuary body”) after “2008” insert “ or the Greater London Authority so far as exercising its new towns and urban development functions ”.

Rent Act 1977 (c. 42)

5

In section 14(2) of the Rent Act 1977 (definition of “English new towns residuary body”) after “2008” insert “ or the Greater London Authority so far as exercising its new towns and urban development functions ”.

Protection from Eviction Act 1977 (c. 43)

6

In section 3A(8A)(a) of the Protection from Eviction Act 1977 (definition of “new towns residuary body”) after “2008” insert “ or the Greater London Authority so far as exercising its new towns and urban development functions ”.

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

7

In section 93(1A) of the Local Government, Planning and Land Act 1980 (application of sections 95 to 96A to the Homes and Communities Agency) after “2008” insert “ and to the Greater London Authority so far as it is exercising its new towns and urban development functions ”.

Highways Act 1980 (c. 66)

8

In section 219(4B)(a) (definition of “new towns residuary body”) after “2008” insert “ or the Greater London Authority so far as exercising its new towns and urban development functions ”.

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

9

In Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 (street trading) in paragraph 2(5A)(a) (definition of “new towns residuary body”) after “2008” insert “ or the Greater London Authority so far as exercising its new towns and urban development functions ”.

Housing Act 1985 (c. 68)

10

The Housing Act 1985 is amended as follows.

11

In section 4(1)(g)(i) (definition of “new towns residuary body”) after “2008” insert “ or the Greater London Authority so far as exercising its new towns and urban development functions ”.

12

In section 45(2) (restrictions on service charges payable after disposal of lease: disposals to which restrictions apply) in the definition of “public sector authority” after the entry for the Homes and Communities Agency insert— “ the Greater London Authority so far as exercising its housing or regeneration functions or its new towns and urban development functions, ”.

13

(1) Section 80 (secure tenancies: the landlord condition) is amended as follows.

(2) In subsection (1) after “the Homes and Communities Agency” insert “ , the Greater London Authority ”.

(3) In subsection (2A) for the “or” at the end of paragraph (a) substitute—

(aa) the Greater London Authority as mentioned in section 333ZI(2)(a) to (d) of the Greater London Authority Act 1999, or

(4) In subsection (2B)—

(a) after “Agency” insert “ , the Greater London Authority ”, and

(b) after “(2A)(a)” insert “ , (aa) ”.

(5) In subsection (2C) after “Agency” in both places insert “ , the Greater London Authority ”.

(6) In subsection (2D) after “Agency” in both places insert “ , the Greater London Authority ”.

(7) In subsection (2E) after “Agency” insert “ , the Greater London Authority ”.

(8) In subsection (5)—

(a) after the first “Agency” insert “ , to the Greater London Authority ”, and

(b) after the second “Agency” insert “ , the Greater London Authority ”.

14

In section 151B (right to buy: mortgage for securing redemption of landlord's share) after subsection (5A) insert—

(5B) In subsection (5) “the Relevant Authority” also includes the Greater London Authority.

15

In section 156 (right to buy: liability to repay to be a charge on the premises) after subsection (4ZA) insert—

(4ZB) In subsection (4) “the Relevant Authority” also includes the Greater London Authority.

16

(1) Section 450A (right to a loan in respect of service charges after exercise of right to buy) is amended as follows.

(2) In subsection (5A) after “6A(4)” insert “ and in the case of a property outside Greater London ”.

(3) After that subsection insert—

(5B) In subsection (4)(a) “the Relevant Authority”, in relation to a housing association falling within section 6A(4) and in the case of a property in Greater London, means the Greater London Authority.

17

In section 450B(1)(a) (power to make loans in other cases) after “Agency” insert “ or the Greater London Authority ”.

18

In section 453(1)(b) (further advances in case of disposal on shared ownership lease) after “Agency” insert “ or the Greater London Authority ”.

19

In section 458(1) (loans for acquisition or improvement of housing: minor definitions) in the definition of “housing authority” after “Agency,” insert “ the Greater London Authority, ”.

20

In Schedule 4 (qualifying period for right to buy and discount) in paragraph 7B for the “or” at the end of paragraph (a) substitute—

(aa) the Greater London Authority, or

21

In Schedule 5 (exceptions to the right to buy) in paragraph 3—

(a) in the entry in the list for section 19 of the Housing and Regeneration Act 2008 omit the words from “(and” to “Act)”, and

(b) after the end of that entry (but not as an entry in that list) insert—

or a grant from the Greater London Authority which was a grant made on condition that the housing association provides social housing.

Landlord and Tenant Act 1985 (c. 70)

22

In section 38 of the Landlord and Tenant Act 1985 (minor definitions) in the definition of “new town corporation” for the “or” at the end of paragraph (b) substitute—

(ba) the Greater London Authority so far as exercising its new towns and urban development functions, or

Landlord and Tenant Act 1987 (c. 31)

23

In section 58(1) of the Landlord and Tenant Act 1987 (exempt landlords) after paragraph (df) insert—

(dg) the Greater London Authority so far as exercising its housing or regeneration functions or its new towns and urban development functions;

Income and Corporation Taxes Act 1988 (c. 1)

24

In section 376(4) of the Income and Corporation Taxes Act 1988 (qualifying lenders) after paragraph (j) insert—

(ja) the Greater London Authority so far as exercising its housing or regeneration functions or its new towns and urban development functions;

Housing Act 1988 (c. 50)

25

The Housing Act 1988 is amended as follows.

26

In section 35(4)(ba) (tenancies which are secure tenancies) after “Agency” insert “ , the Greater London Authority ”.

27

In section 38(5A)(b)(i) (definition of “new towns residuary body”) after “2008” insert “ or the Greater London Authority so far as exercising its new towns and urban development functions ”.

28

In section 52(9A) (recovery of grants: interpretation) in the definition of “the appropriate authority”—

(a) in paragraph (a) after “association” insert “ and property outside Greater London ”, and

(b) for the “and” at the end of that paragraph substitute—

(aa) in relation to an English relevant housing association and property in Greater London, means the Greater London Authority, and

Water Industry Act 1991 (c. 56)

29

In section 219(1) of the Water Industry Act 1991 (general interpretation) in the definition of “new towns residuary body” after “2008” insert “ or the Greater London Authority so far as exercising its new towns and urban development functions ”.

Water Resources Act 1991 (c. 57)

30

In section 72(2A) of the Water Resources Act 1991 (definition of “new towns residuary body”) after “2008” insert “ or the Greater London Authority so far as exercising its new towns and urban development functions ”.

31

In section 191 of the Social Security Administration Act 1992 (general interpretation) in paragraph (a) of the definition of “new town corporation” at the end of sub-paragraph (ii) insert

or (iii) the Greater London Authority so far as exercising its new towns and urban development functions;

Taxation of Chargeable Gains Act 1992 (c. 12)

32

In section 219(1) of the Taxation of Chargeable Gains Act 1992 (disposals by housing related bodies) in paragraph (d) for “or the Homes and Communities Agency” substitute “ , the Homes and Communities Agency or the Greater London Authority ”.

Housing Act 1996 (c. 52)

33

The Housing Act 1996 is amended as follows.

34

(1) Section 51 (schemes for investigation of complaints against social landlords) is amended as follows.

(2) In subsection (3)(a)—

(a) in the entry in the list for section 19 of the Housing and Regeneration Act 2008 omit the words from “(and” to “Act)”, and

(b) at the end of the entry in the list for section 50 of the Housing Act 1988 etc (but not as an entry in that list) insert

, or a grant from the Greater London Authority which was a grant made on condition that the recipient provides social housing; or

(3) After that subsection insert—

(3A) In subsection (3) “provides social housing” has the same meaning as in Part 1 of the Housing and Regeneration Act 2008.

35

In section 219(4)(a) (directions as to charges by social landlords: meaning of social landlord) after “Agency,” insert “ the Greater London Authority, ”.

Greater London Authority Act 1999 (c. 29)

36

The Greater London Authority Act 1999 is amended as follows.

37

(1) Section 38 (delegation) is amended as follows.

(2) In subsection (2) (persons to whom functions exercisable by the Mayor may be delegated) before paragraph (e) insert—

(db) the Homes and Communities Agency;

(3) In subsection (3) (cases where delegation to body requires its consent) after “In the case of” insert “ the Homes and Communities Agency, ”.

(4) In subsection (7) (power to exercise delegated functions where no existing power to do so) before paragraph (c) insert—

(bb) the Homes and Communities Agency,

(5) Before subsection (9) insert—

(8B) An authorisation given by the Mayor under subsection (1) above to the Homes and Communities Agency in relation to a function does not prevent the Mayor from exercising the function.

38

(1) In section 73(6), in the substituted subsection (2) of section 5 of the Local Government and Housing Act 1989 (reports by monitoring officer), the definition of “ GLA body or person ” is amended as follows.

(2) Before paragraph (d) insert—

(ca) the Homes and Communities Agency, when exercising any function of the Greater London Authority in consequence of an authorisation under section 38 of the Greater London Authority Act 1999;

(3) Before paragraph (h) insert—

(gb) any committee or sub-committee of the Homes and Communities Agency when exercising any function of the Greater London Authority in consequence of an authorisation under section 38 of the Greater London Authority Act 1999;

(4) Before the closing words insert—

(mb) any member, or member of staff, of the Homes and Communities Agency when exercising, or acting in the exercise of, any function of the Greater London Authority in consequence of an authorisation under section 38 of the Greater London Authority Act 1999;

Finance Act 2003 (c. 14)

39

The Finance Act 2003 is amended as follows.

40

In section 71(4) (stamp duty land tax: reliefs for acquisitions by registered social landlords) after paragraph (ca) insert—

(cb) made or given by the Greater London Authority,

41

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

(2) In paragraph 1—

(a) in sub-paragraph (3) after the entry relating to the Homes and Communities Agency insert— “ The Greater London Authority so far as exercising its housing or regeneration functions or its new towns and urban development functions ”, and

(b) after sub-paragraph (6) insert—

(7) A grant by the Greater London Authority which— (a) is made by virtue of section 35 of the Housing and Regeneration Act 2008 as applied by section 333ZE of the Greater London Authority Act 1999, or (b) is otherwise made to a relevant provider of social housing (within the meaning of section 35 of the Housing and Regeneration Act 2008) 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.

(3) In paragraph 5—

(a) in sub-paragraph (2) after paragraph (e) insert—

(ea) the Greater London Authority so far as exercising its housing or regeneration functions or its new towns and urban development functions;

, and

(b) in sub-paragraph (2A)—

(i) after “financial assistance” insert “ made or given ”, and

(ii) after “2008” insert “ or by the Greater London Authority ”.

(4) In paragraph 7(8)—

(a) after “financial assistance” insert “ made or given ”, and

(b) after “2008” insert “ or by the Greater London Authority ”.

Finance Act 2004 (c. 12)

42

(1) Section 59 of the Finance Act 2004 (construction industry scheme: contractors) is amended as follows.

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

(fa) the Greater London Authority in the exercise of its functions relating to housing or regeneration or its new towns and urban development functions;

(3) In subsection (2) for “(f)” substitute “ (fa) ”.

National Health Service Act 2006 (c. 41)

43

The National Health Service Act 2006 is amended as follows.

44

In section 256(2) (bodies to which PCTs may make payments in connection with provision of housing accommodation) after paragraph (ba) insert—

(bb) the Greater London Authority,

45

In section 268(3) (bodies with whom arrangements may be made for provision of accommodation to persons displaced by health service development) after paragraph (d) insert—

(da) the Greater London Authority,

Housing and Regeneration Act 2008 (c. 17)

46

The Housing and Regeneration Act 2008 is amended as follows.

47

In section 4(6) (application of rules about the exercise of the Homes and Communities Agency's specific powers) before the “and” at the end of paragraph (a) insert—

(aa) subsection (2) does not apply to the exercise of a function by the HCA in consequence of an authorisation under section 38 of the Greater London Authority Act 1999 (delegation by Mayor),

48

In section 112(4) (duty to consult before setting criteria for voluntary registration) before paragraph (b) insert—

(aa) the Greater London Authority,

49

In section 145 (moratorium) before the table insert—

(5) Where the private registered provider owns land in Greater London, the regulator shall give the Greater London Authority a copy of any notice received under this section.

50

(1) Section 146 (duration of moratorium) is amended as follows.

(2) After subsection (4) insert—

(4A) If the regulator extends a moratorium in respect of a private registered provider who owns land in Greater London, the regulator shall also notify the Greater London Authority.

(3) Before subsection (9) insert—

(8A) When a moratorium in respect of a private registered provider who owns land in Greater London ends, the regulator shall also give notice to the Greater London Authority.

51

In section 147 (further moratorium) after subsection (4) insert—

(4A) If the regulator imposes a new moratorium in respect of a private registered provider who owns land in Greater London, the regulator shall also notify the Greater London Authority.

52

In section 148(1) (HCA may not, during a moratorium, give or enforce directions as to the use or repayment of financial assistance)—

(a) before “the HCA” insert “ neither ”,

(b) after “the HCA” insert “ , nor the Greater London Authority, may ”,

(d) for the “and” between those paragraphs substitute “ or ”.

53

In section 174(5) (procedure for consent to disposal of social housing) before paragraph (b) insert—

(aa) the Greater London Authority,

54

In section 178(3) (private registered provider's use of proceeds from disposals) for the words from “to the HCA” to the end substitute

— (a) in the case of sums representing net disposal proceeds relating to property outside Greater London, to the HCA, and (b) in the case of sums representing net disposal proceeds relating to property in Greater London, to the Greater London Authority.

55

In section 196(1) (consultation on standards and codes of practice) after paragraph (e) insert—

(ea) the Greater London Authority,

56

In section 197(4) (direction by Secretary of State) after paragraph (a) insert—

(aa) the Greater London Authority,

57

In section 216 (consultation on use of intervention powers) after paragraph (b) insert—

(ba) the Greater London Authority,

58

In section 222 (notification of use of enforcement notice) before paragraph (b) insert—

(aa) in the case of an enforcement notice given to a registered provider who owns land in Greater London, the Greater London Authority, and

59

In section 230(2) (pre-penalty warning) before paragraph (b) insert—

(aa) the Greater London Authority (if the pre-penalty warning is given to a registered provider who owns land in Greater London), and

60

Before section 233 insert—

(232A) If the regulator imposes a penalty on a registered provider who owns land in Greater London, it must send a copy of the penalty notice to the Greater London Authority.

61

In section 242(3) (pre-compensation warning) before paragraph (b) insert—

(aa) the Greater London Authority (if the pre-compensation warning is given to a registered provider who owns land in Greater London), and

62

(1) Section 248 (supplemental provisions about management tenders) is amended as follows.

(2) In subsection (4) before paragraph (b) insert—

(aa) the Greater London Authority (if the notice is given to a registered provider who owns land in Greater London),

(3) In subsection (7) before paragraph (d) insert—

(ca) the Greater London Authority (if the notice is given to a registered provider who owns land in Greater London),

(4) In subsection (8) before paragraph (b) insert—

(aa) in the case of a requirement imposed on a registered provider who owns land in Greater London, to the Greater London Authority, and

63

(1) Section 250 (supplemental provisions about management transfer) is amended as follows.

(2) In subsection (4) before paragraph (b) insert—

(aa) in the case of a notice given to a registered provider who owns land in Greater London, the Greater London Authority,

(3) In subsection (7) before paragraph (d) insert—

(ca) if the requirement would be imposed on a registered provider who owns land in Greater London, the Greater London Authority,

(4) In subsection (8) before paragraph (b) insert—

(aa) in the case of a requirement imposed on a registered provider who owns land in Greater London, to the Greater London Authority, and

64

(1) Section 252 (supplemental provisions about appointment of managers) is amended as follows.

(2) In subsection (4) before paragraph (b) insert—

(aa) the Greater London Authority (if the notice is given to a registered provider who owns land in Greater London), and

(3) Before subsection (8) insert—

(7A) The regulator must notify the Greater London Authority of an appointment or requirement under section 251(2) in respect of a registered provider who owns land in Greater London.

SCHEDULE 20

Local Authorities (Goods and Services) Act 1970 (c. 39)

1

In section 1(4) of the Local Authorities (Goods and Services) Act 1970, in the definition of “local authority” for “, Transport for London and the London Development Agency” substitute “ and Transport for London ”.

Local Government Finance Act 1988 (c. 41)

2

In section 115(4A) of the Local Government Finance Act 1988 (duties as regards reports under section 114)—

(a) omit “the London Development Agency or”, and

(b) for the words from “neither” to “shall” substitute “ paragraph 7 of Schedule 10 to the 1999 Act (delegation by Transport for London) shall not ”.

Audit Commission Act 1998 (c. 18)

3

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

Greater London Authority Act 1999 (c. 29)

4

The Greater London Authority Act 1999 is amended as follows.

5

In section 38(8) (application of section 101 of the Local Government Act 1972) after paragraph (a) insert “ or ”.

6

In section 127(4) (“officers” in section 127(2)(b) includes, in the case of Transport for London or the London Development Agency, its members) for the words after “in the case of Transport for London” substitute “ , includes a reference to its members. ”

7

In section 362(3)(b) (air quality strategy to contain information about measures to be taken by the Authority, Transport for London and the London Development Agency) for “, Transport for London and the London Development Agency” substitute “ and Transport for London ”.

8

In section 380(10) (application of section 101 of the Local Government Act 1972) after paragraph (a) insert “ or ”.

London Olympic Games and Paralympic Games Act 2006 (c. 12)

9

In section 10(4) of the London Olympic Games and Paralympic Games Act 2006 (matters to which regard to be had when Olympic Transport Plan being prepared or revised) for paragraph (c) (the London Development Agency's strategy) substitute—

(c) the Economic development strategy for London prepared in accordance with section 333F of that Act.

SCHEDULE 21

Membership

1

(1) A Mayoral development corporation (“MDC”) is to consist of such number of members (being not less than six) as the Mayor of London (“the Mayor”) may from time to time appoint.

(2) The Mayor must, subject to sub-paragraph (5), exercise the Mayor's power under sub-paragraph (1) so as to secure that the members of an MDC include at least one elected member of each relevant London council.

(3) For the purposes of this Schedule—

(a) “London council” means a London borough council or the Common Council of the City of London, and

(b) a London council is “relevant” in relation to an MDC if any part of the MDC's area is within the council's area.

(4) The Mayor must appoint one of the members of an MDC to chair the MDC.

(5) In appointing a person to be a member of an MDC, the Mayor—

(a) must have regard to the desirability of appointing a person who has experience of, and has shown some capacity in, a matter relevant to the carrying-out of the MDC's functions, and

(b) must be satisfied that the person will have no financial or other interest likely to affect prejudicially the exercise of the person's functions as member.

(6) The Mayor may require any person whom the Mayor proposes to appoint as a member to provide such information as the Mayor considers necessary for the purposes of sub-paragraph (5)(b).

Terms of appointment of members

2

(1) Subject as follows, a member of an MDC holds and vacates office in accordance with the member's terms of appointment.

(2) A member may resign by serving notice on the Mayor.

(3) A person appointed to chair an MDC—

(a) may resign that appointment, whether or not the person also resigns from membership of the MDC, by serving notice on the Mayor;

(b) ceases to hold that appointment if the person ceases to be a member of the MDC.

(4) A person who—

(a) ceases to be a member of an MDC, or

(b) ceases to be the person appointed to chair an MDC,

is eligible for reappointment.

(5) The Mayor may remove a member of an MDC if—

(a) the member has been absent from meetings of the MDC for more than 3 months without the permission of the MDC,

(b) the member has become bankrupt or has made an arrangement with the member's creditors,

(c) a debt relief order is made in respect of the member (see Part 7A of the Insolvency Act 1986) or the member is a person in respect of whom a debt relief restrictions order has effect (see Schedule 4ZB to that Act),

(d) the member has since being appointed ceased to be an elected member of a relevant London council and the Mayor wishes to appoint an elected member of that council to be a member of the MDC in the member's place, or

(e) in the opinion of the Mayor, the member has failed to comply with the member's terms of appointment or is otherwise unable, unfit or unsuitable to exercise the member's functions as a member of the MDC.

Staff

3

(1) Before an MDC appoints staff it must obtain the Mayor's agreement to the terms and conditions on which the appointments are to be made.

(2) An MDC's power to appoint a chief executive may, in the case of the MDC's first chief executive, be exercised by the Mayor.

(3) An MDC's chief executive is a member of its staff.

Remuneration etc: members and staff

4

(1) An MDC may pay to or in respect of its members—

(a) remuneration,

(b) travelling and other allowances, and

(2) The Mayor is to determine rates and eligibility criteria for payments under sub-paragraph (1).

(3) If the Mayor thinks that there are special circumstances that make it right to compensate a person on ceasing to be a member of an MDC, the MDC may pay compensation determined by the Mayor.

(4) Payments under sub-paragraph (1) or (3), other than travelling and subsistence allowances, are not to be made to a member of an MDC who is also a member of the London Assembly, but this does not prevent payment of an allowance under sub-paragraph (1) to the person appointed to chair an MDC in respect of that office.

(5) An MDC may pay to or in respect of its staff—

(a) remuneration,

(b) travelling and other allowances, and

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