Localism Act 2011

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.