SCHEDULEModification of Enactments
References to the Housing Corporation treated as references to the Regulator of Social Housing1
In the following provisions any reference to the Housing Corporation shall be treated as if it were a reference to the Regulator of Social Housing—
section 32(7B) of the Land Compensation Act 19738
section 16(6B)(a) of the Consumer Credit Act 19749
section 5(3)(d) of the Rent (Agriculture) Act 197610
sections 15(2(a), 86(2)(a) and 93(1) of the Rent Act 197711
section 3A(8)(g) of the Protection from Eviction Act 197712
section 12A(7)(b) of the Criminal Law Act 197713
the forms in Schedule 1 to the Rent Act (Forms etc) Regulations 198014
the forms in Schedule 1 to the Housing (Right to Buy) (Prescribed Forms) Regulations 198615
section 58(1)(e) of the Landlord and Tenant Act 198716
the Schedule to the Secure Tenancies (Notices) Regulations 198717
paragraph 1(1) of Schedule 9 and paragraph 8 of Schedule 9A to the Social Security (Claims and Payments) Regulations 198718
sections 376(4)(k), 488(7A) and 489(5A) of the Income and Corporation Taxes Act 198819
sections 35(5), 81(6) and 133(6) of the Housing Act 198820
sections 172(2)(b) and 173(6) of the Local Government and Housing Act 198921
regulation 5 of the New Towns (Transfer of Housing Stock) Regulations 199022
sections 218 and 219 of the Taxation of Chargeable Gains Act 199223
article 3(2) of the Housing (Extension of Right to Buy) Order 199324
sections 40 to 41B of the Audit Commission Act 199825
regulation 5(a) of the Assured and Protected Tenancies (Lettings to Students) Regulations 199826
paragraph 1(3) of Schedule 9 to the Finance Act 200327
section 59(1)(h) of the Finance Act 200428
section 256(2)(e) of the National Health Service Act 200629
section 194(2)(e) of the National Health Service (Wales) Act 200630
in the definition of “registered housing association” in regulation 2(1) of Housing Benefit Regulations 200631
in the definition of “registered housing association” in regulation 2(1) of the Housing Benefit (Persons who have attained qualifying age for state pension benefit) Regulations 200632
in the definition of “registered social landlord” in regulation 2 of the Community Benefit Societies (Restrictions on Use of Assets) Regulations 200633.
Housing Act 19852
1
In the following provisions of the Housing Act 1985 any reference to the Housing Corporation shall be treated as if it were a reference to the Regulator of Social Housing—
sections 5(4), 6A, 45(2), 92(2A)(a), 171(2) and 429A(2A)
ground 10A in Part II and paragraph 6 of Part V of Schedule 2 and paragraph 7(1) of Schedule 434
2
Section 151B of the Housing Act 1985 shall have effect as if after subsection (5) there were inserted—
5A
In subsection (5) “the Relevant Authority” includes the Homes and Communities Agency but does not include the Regulator of Social Housing.
3
Section 156(4) of the Housing Act 1985 shall have effect as if after subsection (4) there were inserted—
4ZA
In subsection (4) “the Relevant Authority” includes the Homes and Communities Agency but does not include the Regulator of Social Housing.
Housing Associations Act 19853
1
In the following provisions of the Housing Associations Act 1985 any reference to the Housing Corporation shall be treated as if it were a reference to the Regulator of Social Housing—
sections 9(1A)(a), 9(6)(a), 10(1)(a), 33A, 75(1A) and 77
paragraph 6(2)(b) of Part I and paragraph 2(2)(b) of Part VI of Schedule 535.
2
Section 69 of the Housing Associations Act 198536 (power to vary or terminate certain agreements with housing associations) shall have effect as if—
a
in subsection (1) in paragraph (a) for the words from “(including” to the end there were substituted “under which rights and obligations have been transferred to the Regulator of Social Housing;”,
b
subsection (2A) were omitted, and
c
before subsection (3) there were inserted—
2B
In the case of an agreement under which rights and obligations have been transferred to the Regulator of Social Housing, the reference to a party to the agreement includes a reference to the Regulator of Social Housing.
3
In section 74 of the Housing Associations Act 198537—
a
the reference to the Housing Corporation in subsection (1) shall be treated as if it included a reference to the Regulator of Social Housing and the Homes and Communities Agency, and
b
the reference to the Housing Corporation in subsection (4) shall be treated as if it were a reference to Regulator of Social Housing.
4
The modifications made by this Order to section 74(4) of the Housing Associations Act 1985 shall not have effect for the purposes of the construction of “the Relevant Authority” in relation to sections 75(1)(c) and (e) and (4), 84, 88, 89 and 90 of that Act.
5
In section 76 of the Housing Associations Act 1985 any reference to the Housing Corporation shall be treated as if it included a reference to the Regulator of Social Housing and the Homes and Communities Agency.
6
In section 79 of the Housing Associations Act 1985—
a
in relation to loans to persons other than registered social landlords any reference to the Relevant Authority shall, in so far as it had effect as a reference to the Housing Corporation immediately before the commencement of this Order, be treated as if it were a reference to the Homes and Communities Agency (and not the Regulator of Social Housing),
b
the reference to the Housing Corporation in subsection (1) shall be treated as if it were a reference to the Homes and Communities Agency, and
c
the reference to the Housing Corporation in subsection (4) shall be treated as if it were a reference to the Regulator of Social Housing or the Homes and Communities Agency as the circumstances require.
7
In section 80 of the Housing Associations Act 1985—
a
any reference to the Relevant Authority shall, in so far as it had effect as a reference to the Housing Corporation immediately before the commencement of this Order, be treated as if it were a reference to the Homes and Communities Agency (and not the Regulator of Social Housing), and
b
any reference to the Housing Corporation in subsections (3A) and (4) shall be treated as if it were a reference to the Homes and Communities Agency.
8
In section 81 of the Housing Associations Act 1985 the reference to the Relevant Authority shall, in so far as it had effect as a reference to the Housing Corporation immediately before the commencement of this Order, be treated as if it were a reference to the Homes and Communities Agency (and not the Regulator of Social Housing).
9
In section 83 of the Housing Associations Act 1985—
a
in relation to guarantees in respect of loans to persons other than registered social landlords any reference to the Relevant Authority shall, in so far as it had effect as a reference to the Housing Corporation immediately before the commencement of this Order, be treated as if it were a reference to the Homes and Communities Agency (and not the Regulator of Social Housing),
b
the reference to the Housing Corporation in subsection (1) shall be treated as if it were a reference to the Homes and Communities Agency, and
c
any reference to the Housing Corporation in subsections (1A) and (3) shall be treated as if it were a reference to the Regulator of Social Housing or the Homes and Communities Agency as the circumstances require.
10
In relation to any assistance under section 87 of the Housing Associations Act 198538 given in the form of grant by the Regulator of Social Housing, any reference to the Relevant Authority in section 52 of the Housing Act 1988 as it applies to such a grant shall be treated as a reference to the Regulator of Social Housing.
11
Schedule 7 to the Housing Associations Act 1985 (powers exercisable where loan outstanding under section 2 of the Housing Act 1964) shall have effect as if—
a
for paragraph 1 there were substituted—
1
This Schedule applies where—
a
the Housing Corporation made a loan to a housing association under section 2 of the Housing Act 1964 before the repeal of that section by the Housing (Consequential Provisions) Act 1985,
b
the Housing Corporation’s rights and obligations in respect of the loan have been transferred to the Regulator of Social Housing, and
c
the loan has not been repaid.
b
for “Housing Corporation”, wherever appearing, there were substituted “Regulator of Social Housing”,
c
for “Relevant Authority”, wherever appearing, there were substituted “Regulator of Social Housing”,
d
in paragraph 3 the words from “; and the Secretary of State shall not” to the end were omitted,
e
paragraph 4(2) were omitted, and
f
paragraph 5(1A) and (6) were omitted.
Housing Act 19884
1
In sections 50 to 53 of the Housing Act 1988 any reference to the Relevant Authority shall be treated, in relation to a body falling within section 56(3) of the Housing Act 1996, as if it were a reference to the Homes and Communities Agency (and not the Regulator of Social Housing).
2
In section 50 of the Housing Act 1988—
a
the reference to the Housing Corporation in subsection (5) shall be treated as if it were a reference to the Homes and Communities Agency,
b
the first reference to the Housing Corporation in subsection (8) shall be treated as if it were a reference to the Regulator of Social Housing, and
c
the second reference to the Housing Corporation in subsection (8) shall be treated as if it were a reference to the Homes and Communities Agency.
3
In section 53(2) of the Housing Act 1988 the reference to the Housing Corporation shall be treated as if it were a reference to the Homes and Communities Agency.
Housing Act 19965
1
In the following provisions of the Housing Act 199639 any reference to the Housing Corporation shall be treated as if it were a reference to the Regulator of Social Housing—
sections 1, 9(1A), 29, 30(5), 36(4), 46(7), 49(3), 51(2)(d) and 56
paragraphs 9(3A), 11(3A), 12(6)(a), 13(7)(a) and 15(5)(b), 20(3), 27(4) of Schedule 1 and paragraphs 6(2) and 11(4) of Schedule 240
2
In sections 16, 16A, 18, 20, 21 and 27 of the Housing Act 1996 any reference to the Relevant Authority shall be treated, in relation to a body falling within section 56(3) of that Act, as if it were a reference to the Homes and Communities Agency (and not the Regulator of Social Housing).
3
In section 16(5) of the Housing Act 1996 the reference to the Housing Corporation shall be treated as if it were a reference to the Homes and Communities Agency.
4
In section 18 of the Housing Act 1996—
a
the reference to the Housing Corporation in subsection (5) shall be treated as if it were a reference to the Homes and Communities Agency,
b
the first reference to the Housing Corporation in subsection (8) shall be treated as if it were a reference to the Regulator of Social Housing, and
c
the second reference to the Housing Corporation in subsection (8) shall be treated as if it were a reference to the Homes and Communities Agency.
5
Where the Regulator of Social Housing is the Relevant Authority for the purposes of section 25 of the Housing Act 1996, subsection (2) of that section shall have effect as if for the words “shall be paid to it” there were substituted “shall be paid to the Homes and Communities Agency”.
6
In section 27A of the Housing Act 1996—
a
any reference to the Relevant Authority shall, in so far as it had effect as a reference to the Housing Corporation immediately before the commencement of this Order, be treated as if it were a reference to the Homes and Communities Agency (and not the Regulator of Social Housing),
b
the reference to the Housing Corporation in subsection (5) shall be treated as if it were a reference to the Homes and Communities Agency, and
c
the references to the Housing Corporation in subsection (7) shall be treated as if they were references to the Homes and Communities Agency.
7
In section 27B of the Housing Act 1996 any reference to the Relevant Authority shall, in so far as it had effect as a reference to the Housing Corporation immediately before the commencement of this Order, be treated as if it were a reference to the Homes and Communities Agency (and not the Regulator of Social Housing).
8
In sections 53 and 54 of the Housing Act 1996 any reference to the Housing Corporation shall be treated as if it were a reference to the Regulator of Social Housing or the Homes and Communities Agency as the circumstances require.
9
The modifications made by this Order to section 56 of the Housing Act 1996 as applied by section 74(3) of the Housing Associations Act 1985 shall not have effect for the purposes of the construction of “the Relevant Authority” in relation to sections 75(1)(c) and (e), 75(4), 84, 88, 89 and 90 of the Housing Associations Act 1985.
Greater London Authority Act 19996
1
Section 333A(8) of the Greater London Authority Act 199941 shall have effect as if after paragraph (a) there were inserted “(ab) the Regulator of Social Housing;”.
2
Section 333A(10) of the Greater London Authority Act 1999 shall have effect as if any reference to housing financial assistance included grant under section 18 or 27A of the Housing Act 1996.
3
Section 333D(1) of the Greater London Authority Act shall have effect as if after “Act)” there were inserted “or section 18 or 27A of the Housing Act 1996”.