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The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008

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SCHEDULE 1Amendment of enactments consequential on Part 1 of the Housing and Regeneration Act 2008

This schedulenoteType=Explanatory Memorandum has no associated

Consumer Credit Act 1974

1.  (1)  Section 16 of the Consumer Credit Act 1974(1) (exempt agreements) is amended as follows.

(2) In subsection (6B)(a) after “and Wales,” insert “the Homes and Communities Agency, the Welsh new towns residuary body,”.

(3) After subsection (6B) insert—

(6BA) In subsection (6B)(a) “the Welsh new towns residuary body” means the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981. (2).

Housing Act 1985

2.  The Housing Act 1985(3) is amended as follows.

3.  In section 4(1) (other descriptions of authority)—

(a)in paragraph (b) for “Commission for the New Towns” substitute “new towns residuary body”, and

(b)after paragraph (f) insert—

(g)“new towns residuary body” means—

(i)in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008; and

(ii)in relation to Wales, the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a) (i) to (iii) of the New Towns Act 1981..

4.  In section 6A (meaning of “the Relevant Authority”) after subsection (4) insert—

(4A) This section is subject to any provision made elsewhere in this Act..

5.  (1)  Section 30 (application of provisions to new town corporations, etc.) is amended as follows.

(2) In subsection (1) for “new town” substitute “development”.

(3) After subsection (1) insert—

(1A) Section 25 also applies in relation to the new towns residuary body as it applies in relation to a local housing authority..

(4) In the heading, for “new town” substitute “development”.

6.  (1)  Section 45 (disposals to which sections 46 to 51 apply, etc.) is amended as follows.

(2) In subsection (2) in the definition of “public sector authority”—

(a)for “new town” substitute “development”, and

(b)after “an urban development corporation,” insert—

the Homes and Communities Agency,

the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a) (i) to (iii) of the New Towns Act 1981,..

(3) In subsection (2A) for the words from “Secretary of State” to “him (” substitute “Welsh Ministers if the freehold has been conveyed by them (or by the Assembly constituted by the Government for Wales Act 1998, the Secretary of State”.

7.  In section 50(2) (offences)—

(a)omit “or”,

(b)for “new town” substitute “development”, and

(c)after “corporation,” insert—

or

the Welsh Ministers.

8.  In section 51(6) (meaning of qualified accountant) for “new town” substitute “development”.

9.  In section 57 (index of defined expressions: Part 2) in the Table for the entry for “new town corporation” substitute—

new towns residuary bodysection 4(1)(g).

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

(2) In subsection (1)—

(a)for “new town” substitute “development”, and

(b)after “an urban development corporation,” insert—

in the case of a tenancy falling within subsections (2A) to (2E), the Homes and Communities Agency or the Welsh Ministers (as the case may be), .

(3) Before subsection (3) insert—

(2A) A tenancy falls within this subsection if the interest of the landlord is transferred to—

(a)the Homes and Communities Agency as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008, or

(b)the Welsh Ministers as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981.

(2B) A tenancy falls within this subsection if it is entered into pursuant to a contract under which the rights and liabilities of the prospective landlord are transferred to the Homes and Communities Agency or the Welsh Ministers as mentioned in subsection (2A)(a) or (b) (as the case may be).

(2C) A tenancy falls within this subsection if it is granted by the Homes and Communities Agency or the Welsh Ministers to a person (alone or jointly with others) who, immediately before it was entered into, was a secure tenant of the Homes and Communities Agency or the Welsh Ministers (as the case may be).

(2D) A tenancy falls within this subsection if—

(a)it is granted by the Homes and Communities Agency or the Welsh Ministers to a person (alone or jointly with others),

(b)before the grant of the tenancy, an order for possession of a dwelling-house let under a secure tenancy was made against the person (alone or jointly with others) and in favour of the Homes and Communities Agency or the Welsh Ministers (as the case may be) on the court being satisfied as mentioned in section 84(2)(b) or (c), and

(c)the tenancy is of the premises which constitute the suitable accommodation as to which the court was so satisfied.

(2E) A tenancy falls within this subsection if it is granted by the Homes and Communities Agency or the Welsh Ministers pursuant to an obligation under section 554(2A)..

(4) After subsection (4) insert—

(5) In this Act and in any provision made under this Act, or made by or under any other enactment, a reference to—

(a)a person within section 80 or 80(1) of this Act, or

(b)a person who satisfies the landlord condition under this section,

includes a reference to the Homes and Communities Agency or to the Welsh Ministers so far as acting in their capacity as landlord (or, in the case of disposals, former landlord) in respect of a tenancy which falls within subsections (2A) to (2E) above but, subject to this, does not include the Homes and Communities Agency or the Welsh Ministers.

(6) Subsection (5)—

(a)applies whether the person is described as an authority, body or landlord or in any other way and whether the reference is otherwise expressed in a different way, and

(b)is subject to any provision to the contrary..

11.  (1)  Section 421 (housing subsidy) is amended as follows.

(2) In subsection (1) for “new town” substitute “development”.

(3) In subsection (2) for “body’s” substitute “corporation’s”.

12.  In section 422(1) (calculation of housing subsidy) for “new town” substitute “development”.

13.  (1)  Section 423 (the base amount) is amended as follows.

(2) In subsection (1) for “new town” substitute “development”.

(3) In subsection (2) for “authority” substitute “corporation”.

14.  In section 424 (the housing costs differential) for “new town”, wherever appearing, substitute “development”.

15.  In section 425 (the local contribution differential) for “new town”, wherever appearing, substitute “development”.

16.  In section 427(1) (recoupment of subsidy in certain cases)—

(a)for “new town” substitute “development”, and

(b)for “body” substitute “corporation”.

17.  In section 427A (entitlement to subsidy in case of land subject to management agreement)—

(a)for “new town” substitute “development”, and

(b)in paragraph (a) for “body’s” substitute “corporation’s”.

18.  In section 431(1) (control of expenditure by housing authorities on works of conversion or improvement) for “new town” substitute “development”.

19.  In section 434 (index of defined expressions: Part 13) in the Table omit the entry for “new town corporation”.

20.  In section 447(1) (recognised lending institutions) for “new town” substitute “development”.

21.  In section 450A (right to a loan in certain cases after exercise of right to buy) after subsection (5) insert—

(5A) In subsection (4)(a) “the Relevant Authority”, in relation to a housing association falling within section 6A(4), means the Homes and Communities Agency..

22.  (1)  Section 450B (power of Secretary of State etc. to make loans in other cases) is amended as follows.

(2) In subsection (1)(a) after “housing authority”, where it first appears, insert “(other than the Homes and Communities Agency)”.

(3) After subsection (5) insert—

(6) This section does not apply to a landlord which is a housing association falling within section 6A(4) (housing associations which are not Welsh or Scottish housing associations)..

23.  In section 453(1)(b) (further advances in case of disposal on shared ownership lease) after “housing authority” insert “(other than the Homes and Communities Agency)”.

24.  In section 458(1) (minor definitions), in the definition of “housing authority”, before “Relevant Authority” insert “Homes and Communities Agency, the”.

25.  In section 459 (index of defined expressions: Part 14) in the Table after the entry for “corresponding Scottish provisions” insert—

development corporationsection 4(1)(c).

26.  In section 554(2A) (grant of tenancy to former owner-occupier) after “authority is” insert “the new towns residuary body or”.

27.  In section 577 (index of defined expressions: Part 16) in the Table after the entry for “new town corporation” insert

new towns residuary bodysection 4(1)(g).

28.  In Schedule 1 (tenancies which are not secure tenancies) in paragraph 2(1) for “new town” substitute “development”.

29.  (1)  Schedule 2 (grounds for possession of dwelling-houses let under secure tenancies) is amended as follows.

(2) In Part 1 in Ground 7, in paragraph (a), for “new town” substitute “development”.

(3) In Part 3 in Ground 12, in paragraph (a), for “new town” substitute “development”.

30.  In Schedule 3 (grounds for withholding consent to assignment by way of exchange) in Ground 5, in paragraph (b), for “new town” substitute “development”.

31.  (1)  Schedule 4 (qualifying period for right to buy and discount) is amended as follows.

(2) In paragraph 7(1)—

(a)for “paragraph 7A” substitute “paragraphs 7A and 7B and”,

(b)for “new town” substitute “development”, and

(c)after “an urban development corporation” insert—

the Commission for the New Towns,.

(3) After paragraph 7A insert—

7B  The landlord condition shall be treated as having been satisfied in the case of a dwelling-house let under a tenancy falling within section 80(2A) to (2E) at any time if, at that time, the interest of the landlord belonged to—

(a)the Homes and Communities Agency, or

(b)the Welsh Ministers..

32.  In Schedule 5 (exceptions to the right to buy) in paragraph 5(1)(b) for “new town” substitute “development”.

Housing Associations Act 1985

33.  The Housing Associations Act 1985(4) is amended as follows.

34.  In section 85(4) (meaning of “recognised body” and “relevant advance”) after “new town corporation” insert—

the Welsh Ministers so far as they are or were exercising functions in relation to property transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981,.

35.  In section 106(1) (minor definitions) in the definition of “new town corporation” omit “the Commission for the New Towns or”.

Housing Act 1988

36.  The Housing Act 1988(5) is amended as follows.

37.  In section 34(1)(d) (new protected tenancies and agricultural occupancies restricted to special cases) for “a new town” substitute “the Commission for the New Towns or a development”.

38.  (1)  Section 35 (removal of special regimes for tenancies of housing associations etc) is amended as follows.

(2) In subsection (2)(d) for “a new town” substitute “the Commission for the New Towns or a development”.

(3) In subsection (4)—

(a)in paragraph (a) for “new town” substitute “development”, and

(b)before paragraph (c) insert—

(ba)the interest of the landlord belongs to the Homes and Communities Agency or the Welsh Ministers and the tenancy or licence falls within section 80(2A) to (2E) of the Housing Act 1985; or.

39.  (1)  Section 38 (transfer of existing tenancies from public to private sector) is amended as follows.

(2) In subsection (3) for “(4A)” substitute “(4ZA), (4A), (4BA)”.

(3) In subsection (4) for “a new town” substitute “the Commission for the New Towns or a development”.

(4) After subsection (4) insert—

(4ZA) In relation to any time on or after the coming into force of this subsection, subsection (4) applies as if—

(a)the references to the Commission for the New Towns were references to the new towns residuary body;

(b)in the case of a disposal by the English new towns residuary body, the reference to section 37 of the New Towns Act 1981 were a reference to section 47 of the Housing and Regeneration Act 2008; and

(c)in the case of a disposal by the Welsh new towns residuary body, the words “made pursuant to a direction under section 37 of the New Towns Act 1981” were omitted..

(5) After subsection (4B) insert—

(4BA) The references in subsections (4A) and (4B) to a body which would have been specified in subsection (1) of section 80 of the Housing Act 1985 if the repeal of provisions of that section effected by this Act had not been made includes a reference to the new towns residuary body..

(6) In subsection (5)(a)—

(a)for “new town” substitute “development”, and

(b)after “1985” insert “or to the English new towns residuary body”.

(7) After subsection (5) insert—

(5A) In this section “new towns residuary body” means—

(a)in relation to times before the coming into force of this subsection, the Commission for the New Towns; and

(b)in relation to other times—

(i)in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008 (and any reference to the English new towns residuary body shall be construed accordingly); and

(ii)in relation to Wales, the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981 (and any reference to the Welsh new towns residuary body shall be construed accordingly)..

40.  In paragraph 12 of Part 1 of Schedule 1 (tenancies which cannot be assured tenancies) for paragraph (b) substitute—

(b)the Homes and Communities Agency but only if the tenancy falls within subsections (2A) to (2E) of section 80 of the Housing Act 1985;

(ba)the Welsh Ministers but only if the tenancy falls within subsections (2A) to (2E) of section 80 of the Housing Act 1985;.

Taxation of Chargeable Gains Act 1992

41.  The Taxation of Chargeable Gains Act 1992(6) is amended as follows.

42.  In section 35(3)(d) (re-basing to 1982) omit sub-paragraph (xviii).

43.  In section 288(3A) (definition of “no gain/no loss provisions”) after paragraph (i) insert—

(j)Schedule 7 to the Housing and Regeneration Act 2008..

Leasehold Reform, Housing and Urban Development Act 1993

44.  In Schedule 21 to the Leasehold Reform, Housing and Urban Development Act 1993(7) (minor and consequential amendments) omit paragraph 2.

Housing Act 1996

45.  The Housing Act 1996(8) is amended as follows.

46.  In section 219(4)(a) (directions as to certain charges by social landlords) after “other than” insert “the Homes and Communities Agency, the Welsh Ministers and”.

Housing Grants, Construction and Regeneration Act 1996

47.  The Housing Grants, Construction and Regeneration Act 1996(9) is amended as follows.

48.  In section 3(2)(b) (ineligible applicants) for “new town” substitute “development”.

49.  In section 59 (index of defined expressions: Chapter 1)—

(a)after the entry for “common parts application” insert—

development corporationsection 101, and

(b)omit the entry for “new town corporation”.

50.  In section 101 (minor definitions for Part 1 of that Act) —

(a)after “In this Part—” insert—

“development corporation” has the same meaning as in the Housing Act 1985;, and

(b)omit the definition of “new town corporation”.

National Health Service Act 2006

51.  The National Health Service Act 2006(10) is amended as follows.

52.  In section 256(2) (power of Primary Care Trusts to make payments towards expenditure on community services) for paragraph (b) substitute—

(b)the Homes and Communities Agency,

(ba)the Welsh new towns residuary body,.

53.  In section 268(3) (persons displaced by health service development) for paragraph (d) substitute—

(d)the Homes and Communities Agency,

(e)the Welsh new towns residuary body..

54.  In section 275(1) (interpretation) at the end insert—

“Welsh new towns residuary body” means the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a) (i) to (iii) of the New Towns Act 1981..

National Health Service (Wales) Act 2006

55.  The National Health Service (Wales) Act 2006(11) is amended as follows.

56.  In section 194(2) (power of Local Health Boards to make payments to certain bodies towards expenditure on community services) for paragraph (b) substitute—

(b)the Homes and Communities Agency,.

57.  In section 196(2) (power of Welsh Ministers to make payments to certain bodies towards expenditure on community services) for paragraph (b) substitute—

(b)the Homes and Communities Agency,.

58.  In section 199(3) (bodies with which Welsh Ministers may make arrangements in relation to persons displaced by health service development) for paragraph (d) substitute—

(d)the Homes and Communities Agency..

Housing and Regeneration Act 2008

59.  In Schedule 7 to the Housing and Regeneration Act 2008(12) (transfer schemes: tax) omit paragraph 9.

(1)

1974 c. 39. Section 16(6A) and (6B) was inserted by section 22 of the Housing and Planning Act 1986 (c. 63). Section 16(6B) was amended by Schedule 17 to the Housing Act 1988 (c. 50) and Schedule 18 to the Government of Wales Act 1998 (c. 38).

(2)

1981 c. 64. Section 36(1) was amended by paragraph 5 of Schedule 5 to the Housing and Regeneration Act 2008.

(3)

1985 c. 68. Section 4 was amended by section 62(7) of the Housing Act 1988 (c. 50) and paragraph 41(3) of Schedule 13 to the Local Government and Public Involvement in Health Act 2007 (c. 28). Section 6A was inserted by Schedule 17 to the Housing Act 1988 (c. 50). Section 45 was amended by paragraph 8(2) and (3) of Schedule 16 to the Government of Wales Act 1998 (c. 38). Section 50(2) was amended by paragraph 8 of Schedule 15 and Schedule 18 to the Government of Wales Act 1998. Section 51(6) was amended by paragraph 9 of Schedule 15 to the Government of Wales Act 1998. Section 80(1) was amended by section 83(2) and Schedule 18 to the Housing Act 1988 and paragraph 5 of Schedule 16 and Schedule 18 to the Government of Wales Act 1998. Section 427A was inserted by paragraph 32 of Schedule 5 to the Housing and Planning Act 1986 (c. 63). Sections 421 to 425 and 427 and 427A were amended by paragraph 77 of Schedule 11 to the Local Government and Housing Act 1989 (c. 42). Sections 450A and 450B were inserted by section 5 of the Housing and Planning Act 1986. Section 450B was amended by Schedule 16 to the Government of Wales Act 1998. Section 458 was amended by paragraph 37 of Schedule 5 to the Housing and Planning Act 1986 and Schedule 16 to the Government of Wales Act 1998. Section 554(2A) was inserted by paragraph 61 of Schedule 17 to the Housing Act 1988. Further amendments were made to the Housing Act 1985 which do not affect the provisions being amended by this Order.

(4)

1985 c. 69. Section 85(4) was amended by Part 4 of Schedule 18 to the Government of Wales Act 1998 (c. 38).

(5)

1988 c. 50. Section 34(1)(d) substituted by paragraph 104 of Schedule 11 to the Local Government and Housing Act 1989 (c. 42). Section 35(2)(d) substituted by paragraph 105 of Schedule 11 to the Local Government and Housing Act 1989. Section 38(4) was amended by paragraph 106 of Schedule 11 to the Local Government and Housing Act 1989

(6)

1992 c. 12. Section 35(3)(d)(xviii) inserted by paragraph 9 of Schedule 7 to the Housing and Regeneration Act 2008 (c. 17). Section 288(3A) inserted by paragraph 63 of Schedule 2 to the Finance Act 2008 (c. 9).

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