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Housing and Regeneration Act 2008

Housing and Regeneration Act 2008

2008 CHAPTER 17

Annex A:

ProvisionsSections and Schedules that affect the powers of the National Assembly for Wales
The Homes and Communities Agency

Section 50 introduces Schedule 5 which amends the New Towns Act 1981 and transfers Welsh functions of the Commission for the New Towns to the Welsh Ministers.

Section 51 makes provision for the transfer of any residual assets of the Commission for the New Towns in Wales to the Welsh Ministers.

Sustainability certificatesSections 279 - 293 provide for the introduction of sustainability rating for new homes in England and Wales. Powers are to be exercised by the Secretary of State in relation to England and by Welsh Ministers in relation to Wales.
Tenant empowerment

Section 295 extends the list of matters that might be included in regulations imposing requirements on a local housing authority to enter into a management agreement with a tenant management organisation by amending the existing regulation making power in section 27AB of the Housing Act 1985.  Powers are to be exercised by the Secretary of State in relation to England and by Welsh Ministers in relation to Wales.

Section 296 enables regulations to be made requiring a local housing authority to take forward a proposal for the transfer of the ownership of part of its social housing stock if requested to do so by tenants of those homes.  The detailed provision will be set out in regulations made by the Secretary of State in relation to England and by Welsh Ministers in relation to Wales.

Family intervention tenanciesSections 297 and 298 will enable local housing authorities and registered providers of social housing in England and registered social landlords in Wales to offer tenancies which will not be secure or assured tenancies to certain tenants who have lost or are potentially at risk of losing their secure or assured tenancy. These tenancies will be offered for the purposes of providing behavioural support services to tenants against whom a possession order for anti-social behaviour has been made or to tenants who could face possession proceedings on the grounds of anti-social behaviour.  The provisions contain regulation making powers that will be exercised by the Secretary of State in relation to England and by Welsh Ministers in relation to Wales. The provisions will also be commenced separately for England and Wales by orders made by the Secretary of State and Welsh Ministers respectively.
Possession orders relating to certain tenanciesSection 299 introduces Schedule 11 which includes eight delegated powers in relation to tolerated trespassers to be exercised by the Secretary of State in relation to England and by the Welsh Ministers in relation to Wales.
Leasehold enfranchisement

Section 300 removes the low rent test in both England and Wales as a means of determining eligibility for enfranchisement (acquisition of the freehold) in relation to shared ownership houses.

Sections 301 and 302 enable the Secretary of State in relation to England and the Welsh Ministers in relation to Wales to make separate regulations designating protected areas and to prescribe additional conditions to be included in shared ownership leases.

Service charges: provision of information and designated accountsSection 303 introduces Schedule 12 which makes changes to the requirements in the 1985 and 1987 Landlord and Tenant Acts about the information landlords will be required to supply to service charge payers and how service charges monies are held.  The provisions contain regulation making powers that will be exercised by the Secretary of State in relation to England and by Welsh Ministers in relation to Wales. The provisions will also be commenced separately for England and Wales by orders made by the Secretary of State and Welsh Ministers respectively.
Right to buy etc: miscellaneous

Section 308 extends the scope of an existing power to make regulations regarding loans in respect of service charges on former right to buy flats and other housing authority flats.  Powers are to be exercised by the Secretary of State in relation to England and by Welsh Ministers in relation to Wales.

Section 309 gives the appropriate national authority power to make regulations providing that a housing authority may purchase an equitable interest in a leasehold property of which it is a landlord.  The power will be exercised by the Secretary of State in relation to England and by Welsh Ministers in relation to Wales.

Disposals of dwelling-houses by local authoritiesSection 311 and Schedule 14 remove the requirement that local authorities must apply to the appropriate national body annually to be included in a large scale disposals programme for a particular financial year while enabling the appropriate national body to still consider the exchequer costs of any large scale disposals, by repealing section 135 of the Leasehold Reform, Housing and Urban Development Act 1993, and making consequential amendments to the Housing Act 1985, Housing Act 1988 and Housing Act 1996. The appropriate national body is the Secretary of State in relation to England and the Welsh Ministers in relation to Wales.
Financial assistance for information and other servicesSection 312 widens the existing power contained in section 94 of the Housing Act 1996 for the Secretary of State in England and the Welsh Ministers in Wales to provide financial assistance for the giving of general advice in respect of residential landlord and tenant law, including advice about estate management schemes in connection with enfranchisement, information and training and running an alternative dispute resolution service. Powers are to be exercised by the Secretary of State in relation to England and by Welsh Ministers in relation to Wales.
Housing Revenue Account subsidySection 313 disapplies sections 79 to 80A of the Local Government and Housing Act 1989 where an agreement exists between the appropriate person and a local housing authority.  Such an agreement would have the effect that no Housing Revenue Account Subsidy was payable by or to the appropriate person in respect of properties covered by the agreement.  The appropriate person is the Secretary of State in relation to England and Welsh Ministers in relation to Wales.  Powers are to be exercised by the Secretary of State in relation to England and by Welsh Ministers in relation to Wales.
Armed forces: alteration of “local connection” testSection 315 amends section 199 of the Housing Act 1996, which sets out the circumstances when a person has a local connection with the district of a local housing authority.  The provision will be commenced separately by the Secretary of State in relation to England and by Welsh Ministers in relation to Wales.
Protected mobile home sites to include sites for gypsies and travellersSection 318 will be commenced separately by orders made by the Secretary of State in relation to England and by Welsh Ministers in relation to Wales.
Part 4 – Supplementary and final provisionsSections 321 and 322 confer certain order-making powers on the Welsh Ministers in connection with supplementary, incidental, consequential, transitional, transitory or saving provisions.

Hansard References

1032.The following table sets out the dates and Hansard references for each stage of this Act’s passage through Parliament:

StageDateHansard Reference
House of Commons
1st Reading15th November 2007Vol. 467, No. 7, Col. 834
2nd Reading27th November 2007Vol. 468, No. 13, Cols 145 - 252
Committee11th December 2007 – 31st JanuaryOfficial Report, Housing and Regeneration Bill, Public Bill Committee: 1st – 17th sittings
Report and 3rd Reading31st March 2008Vol. 474, No. 75, Cols 443 - 574
House of Lords
1st Reading1st April 2008Vol. 700, No. 75, Col. 1038
2nd Reading28th April 2008Vol. 701, No. 83, Cols 40 – 120
29th April 2008Vol. 701, No. 84, Col. 131
Committee13th May 2008Vol. 701, No. 91, Cols GC263 – GC320
19th May 2008Vol. 701, No. 95, Cols GC427 – GC482
3rd June 2008Vol. 702, No. 100, Cols GC1 – GC60
4th June 2008Vol. 702, No. 101, Cols GC61 – GC110
10th June 2008Vol. 702, No. 104, Cols GC133 – GC196
11th June 2008Vol. 702, No. 105, Cols GC197 – GC248
16th June 2008Vol. 702, No. 108, Cols GC303 – GC360
18th June 2008Vol. 702, No. 110, Cols GC389 – GC444
23rd June 2008Vol. 702, No. 112, Cols GC495 - GC560
Report7th July 2008Vol. 703, No. 121, Cols 518 – 568  592 – 622
9th July 2008Vol. 703, No.123, Cols 752 - 823
3rd Reading17th July 2008Vol. 703, No. 128, Cols 1328 – 1346
House of Commons
Commons Consideration of Lords Amendments21st July 2008Vol. 479, No. 132, Cols 578 – 619
Royal Assent22nd July 2008House of Lords Vol. 703, No. 131, Col. 1688
House of Commons Vol. 479, No. 133, Col. 1688

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