Housing and Regeneration Act 2008
Part 1The Homes and Communities Agency
Chapter 1General
1Establishment and constitution
2Objects
3Principal powers
4Powers: general
Chapter 2Land and infrastructure
General
5Powers to provide housing or other land
6Powers for regeneration, development or effective use of land
7Powers in relation to infrastructure
Powers to deal with land etc.
8Powers to deal with land etc.
9Acquisition of land
10Restrictions on disposal of land
Powers in relation to acquired land
11Main powers in relation to acquired land
12Powers in relation to, and for, statutory undertakers
Planning
13Power of Secretary of State to make designation orders
14Contents of designation orders
15HCA as local planning authority: local involvement
16Regional planning
Other powers etc. in relation to land
17Power to enter and survey land
18Section 17: supplementary
Chapter 3Financial provision
Powers to give financial assistance
19Financial assistance
Borrowing powers of the HCA
20Powers to borrow
21Loans by the Secretary of State
22Guarantees by the Secretary of State
23Financial limits
Other
24Power to charge for certain activities
25Directions as to surplus funds
26Duty to act as agent in respect of regeneration and development
27Duty to act as agent in respect of derelict land etc.
Chapter 4Other functions of the HCA
General
28Business
29Powers to form companies etc.
30Community services
Social housing
31Duties in relation to social housing
32Recovery etc. of social housing assistance
33Section 32: interest and successors in title
34Determinations under sections 32 and 33
35Duty to give financial assistance in respect of certain disposals
36Information in relation to social housing
36ACo-operation with the Regulator of Social Housing
37Duty to co-operate with Regulator of Social Housing
Information, education and guidance etc.
38Information services
39Advice, education and training
40Guidance
Functions in relation to companies and other persons
41Control of subsidiaries
42Agency arrangements with UDCs
43Acting with, or for, other persons: general
44Local government involvement
Other
45Support services
Chapter 5Supplementary
Certain supervisory powers of the Secretary of State
46Guidance by the Secretary of State
47Directions by the Secretary of State
48Consents of the Secretary of State
Abolition of existing bodies
49Abolition of Urban Regeneration Agency
50Abolition of the Commission for the New Towns
51Property etc. transfers to the HCA and the Welsh Ministers
52Role of the HCA in relation to former CNT functions
53Interim arrangements
Other
53A Other property etc transfers to the HCA
53BTax consequences of transfers under section 53A
54Validity of transactions
55Notices
56Consequential amendments: Part 1
57Interpretation: Part 1
58Index of defined expressions: Part 1
Part 2Regulation of Social Housing
Chapter 1Introduction
Preliminary
59Purpose
60Structural overview
61Restriction of “registered social landlord” system to Wales
62References to Welsh Ministers
63References to National Assembly for Wales
64Dissolution of Housing Corporation
65Transfer schemes
66Interim arrangements
67Transitional arrangements
Social housing
68Basic principle
69Low cost rental
70Low cost home ownership
71Shared ownership low cost rental
72Regulations
73Leaving the social housing stock: sale
74Leaving the social housing stock: ending of lease
74ALeaving the social housing stock: transfer by private providers
75Leaving the social housing stock: local authority disposal with consent
76Leaving the social housing stock: regulator's direction
77Housing stock under Housing Act 1996
Other key concepts
78Regulator of Social Housing
79English bodies
80Provider of social housing
Chapter 2The Social Housing Regulator
The Regulator
80AEstablishment
80BMembership
80CTerms of appointment of members
80DStaff
Constitution
81Establishment
82Membership
83Tenure
84Chief executive
85Other staff
Proceedings
86Fundamental objectives
87Procedure
88Conflict of interest
89Committees
90Delegation
91Seal
92Annual report
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
92ARegulation functions of the HCA
92BThe Regulation Committee
92CMembership of the Regulation Committee
92DTerms of appointment of members
92ERemuneration etc of members
92FSub-committees of the Regulation Committee
92GProcedure of the Committee and its sub-committees
92HMembers' interests
92IExercise of functions
92JRecommendations to HCA
Fundamental objectives
92KFundamental objectives
Procedure etc.
92LCommittees
92MProcedure
92NConflict of interest
92ODelegation
92PMembers’ interests
92QSeal
Powers
93General
94Studies
95Financial assistance
96Evidence
96AAdvisory panel
97Information, advice etc.
98Tenant involvement
Money
99Remuneration
99ARemuneration
100Charging
100AAssistance by Secretary of State
100BBorrowing
100CAccounts
100DRegulator’s annual report
100EFinancial year
Relationship with the HCA
100FCooperation with the HCA
100GDirection to the HCA
Relationship with housing ombudsman
100HRelationship with housing ombudsman
101Assistance by Secretary of State
102Borrowing
103Accounts
104Financial year
Relationship with other bodies
105Cooperation with the HCA
106Direction to the HCA
106ACooperation with the Audit Commission
Information
107Collection
108Section 107: supplemental
109Disclosure
Chapter 3Registration
Introduction
110Overview
111The register
Eligibility
112Eligibility for voluntary registration
113Section 112: exceptions
114Registration of local authorities
114ALocal authorities: duty to notify
115Profit-making and non-profit organisations
Procedure
116Entry in the register: voluntary registration
117Fees
118De-registration: compulsory
119De-registration: voluntary
120Notice
121Appeal
Chapter 4Registered providers
General provisions
122Payments to members etc.
123Disposal of property
124Complaints
125Voluntary undertaking
126Sustainable community strategies
Accounts
127Directions
128Submission to regulator
129Companies exempt from audit
130Exempt companies: accountant's report
131Exempt companies: reporting accountant
132Application of Companies Act
133Exempt companies: extraordinary audit
134Non-audited registered society
135Charity
136Charity: audit
137Charity: auditor's report
138Charity: accountant's report
139Charity: extraordinary audit
140Charity: auditor's powers
141Offences
142High Court
143Disclosure
Insolvency etc.
143AApplication of rules about insolvency
144Preparatory steps: notice
145Moratorium
146Duration of moratorium
147Further moratorium
148Effect of moratorium
149Exempted disposals
150Disposals without consent
151Interim manager
152Proposals
153Proposals: procedure
154Proposals: effect
155Manager: appointment
156Manager: powers
157Manager of registered society: extra powers
158Assistance by regulator
159Applications to court
Restructuring and dissolution
159AApplication of rules about restructuring and dissolution
160Company: arrangements and reconstructions
161Company: conversion into registered society
162Company: winding up
163Registered society: restructuring
164Registered society: winding up
165Registered society: dissolution
166Winding up petition by regulator
167Transfer of property
168Section 167: supplemental
169Extension of sections 167 and 168
Notification of constitutional changes
169ARegistered societies: change of rules
169BCharity: change of objects
169CCompanies: change of articles etc
Directions about notifications
169DDirections about notifications
Chapter 5Disposal of propertyby private registered providers
Introductory
170Overview
171Power to dispose
Notification of regulator
172Requirement of consent
173Exceptions
174Procedure
175Disposal without consent
176Notification where disposal consent not required
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
177Separate accounting
178Use of proceeds
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
179Application of Housing Act 1996
Right to acquire
180Right to acquire
181Interpretation: “publicly funded”
182Interpretation: “remained in the social rented sector”
183Interpretation: other expressions
184Right to acquire: supplemental
185Right to acquire: consequential amendments
Miscellaneous
186Former registered providers
187Change of use, etc.
188Trustees
189Charities
Consents under other legislation
190Consent to disposals under other legislation
191Section 190: consequential amendments
Chapter 6Regulatory powers
192Overview
Standards
193Standards relating to consumer matters
194Standards relating to economic matters
194AStandards relating to competence and conduct
194BMeaning of “services provider”, “senior housing executive” and “senior housing manager”
194CStandards relating to information and transparency
195Code of practice
196Consultation
197Direction by Secretary of State
198Supplemental
198AFailure to meet standard under section 193
198BFailure to meet standard under section 194
Performance information
198CDirections about performance information
Monitoring
199Survey
200Survey: supplemental
201Inspections
202Inspections: supplemental
203Inspector's powers
204Performance information
205Publication of performance information
206Inquiry
207Inquiry: supplemental
208Inquiry: evidence
209Inquiry: charities
210Extraordinary audit
210AExtraordinary audit: local authorities
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
211Non-profit providers only
212Registered society: change of rules
213Charity: change of objects
214Companies: change of articles
Guidance
215Use of intervention powers
216Consultation
Managers of social housing
217Accreditation
217AImplied terms of management services agreements relating to qualifications
Chapter 7Enforcement powers
General
218Exercise of enforcement powers
Enforcement notice
219Overview
220Grounds for giving notice
221Content
222 Notifying HCA etc
223Appeal
224Withdrawal
225Sanction
Penalty
226Overview
227Grounds for imposition
228Imposition
229Amount
230Warning
231Representations
231ANotifying the HCA
232Notifying HCA
232ANotifying the Greater London Authority
233Destination
234Enforcement
235Appeal
Compensation
236Overview
237Grounds for award
238Nature
239Housing ombudsman compensation
240Award
241Impact
242Warning
243Representations
244Enforcement
245Appeal
Management etc.
246Overview
247Management tender
248Section 247: supplemental
249Management transfer
250Section 249: supplemental
250ASections 247 and 249: local authorities
251Appointment of manager of private registered provider
252Section 251: supplemental
252AAppointment of advisers to local authorities
253Transfer of land by private registered provider
254Section 253: supplemental
255Amalgamation
Restrictions on dealings by non-profit registered providers
256Restrictions on dealings during inquiry
257Restrictions on dealings following inquiry
258Restrictions on dealings: supplemental
Suspension and removal of officers of non-profit registered providers
259Suspension during inquiry
260Removal or suspension following inquiry
261Suspension under section 259 or 260: supplemental
262Disqualification of removed person
263Register of disqualified persons
264Acting while disqualified: offence
265Acting while disqualified: other consequences
266Removal of officers
267Section 266: supplemental
268Appeal against removal or suspension
269Appointment of new officers
Censure of local authority employees
269ALocal authorities: censure during or following inquiry
269BResponse to censure notice
Chapter 8General
Interpretation
270Officer
271Subsidiary and associate
272Family
273Disposal
274Charities that have “received public assistance”
275General
276Index of defined terms
Miscellaneous
276AExercise of powers: land with a Crown or Duchy interest
276BData protection
277Consequential amendments
278Transitional
278APower to nominate for consultation purposes
Part 3Other provisions
Chapter 1Sustainability certificates
General
279Certificates for new homes
280Meaning of sustainability
281Authorised assessors
282Register of certificates
Enforcement
283Enforcement authorities
284Power to require production of certificates or statements
285Penalty charge notices
286Offences relating to enforcement officers
Supplementary
287Grants
288Suspension of duties
289Disclosure of certificates etc.
290General powers to make regulations
291Powers to extend Chapter
292Chapter 1: interpretation etc.
293Index of defined expressions: Chapter 1
Chapter 2Landlord and tenant matters
Tenant empowerment
294Ballots before certain disposals to private landlords
295Management agreements: extending requirements to co-operate
296Requirements to co-operate in relation to certain disposals of land
Family intervention tenancies
297Family intervention tenancies: general
298Certain family intervention tenancies: termination
Possession orders
299Possession orders relating to certain tenancies
Leasehold enfranchisement
300Right to acquire freehold: abolition of low rent test
301Shared ownership leases: protection for certain leases
302Shared ownership leases: protection for hard to replace houses
Service charges
303Service charges: provision of information and designated accounts
Right to buy etc: miscellaneous
304Exclusion of the right to buy: possession orders
305Exclusion of the right to buy: demolition notices
306Review of determination of value
307Approved lending institutions
308Former right to buy and other flats: service charge loans
309Former right to buy and other flats: equity share purchases
310Other amendments
Other
311Disposals of dwelling-houses by local authorities
312Financial assistance for information and other services
Chapter 3Housing finance and other provisions
Housing Revenue Account subsidy
313Exclusions from subsidy arrangements
Homelessness and allocation of housing
314Ineligible persons from abroad: statutory disregards
315Armed forces: local connection test
Other
316Amendments to Housing Act 1985: lending institutions
317Building regulations: time limit for prosecutions
318Protected mobile home sites to include sites for gypsies and travellers
319Financial assistance for certain services about commonhold
Part 4Supplementary and final provisions
320Orders and regulations
321Consequential amendments and repeals
322Transitional, transitory or saving provision
323Financial provisions
324Extent
325Commencement
326Short title
SCHEDULES
SCHEDULE 1The Homes and Communities Agency
Membership
1(1) The HCA is to consist of such number of...
Terms of appointment of members
2(1) Subject as follows, a member of the HCA holds...
Remuneration etc: members
3(1) The HCA may pay to its members such remuneration...
Staff
4(1) The HCA must appoint a person to be chief...
Financial provision
5(1) The Secretary of State may make payments to the...
Committees
6(1) The HCA may establish one or more committees.
Procedure and members' interests
7(1) The HCA may, subject to any directions given by...
8The validity of proceedings of the HCA, or of any...
9(1) A member of the HCA who is directly or...
Delegation
10(1) The HCA may delegate any of its functions to...
Reports, accounts etc.
11(1) For each financial year, the HCA must—
12(1) The HCA must keep proper accounts and proper records...
13(1) The HCA must provide the Secretary of State with...
Supplementary and transitional provisions
14(1) The application of the seal of the HCA must...
15The HCA is not to be regarded—
16
17The Secretary of State (instead of the HCA) may—
18. . . . . . . . . ....
SCHEDULE 2Acquisition of land
Part 1Compulsory acquisition of land
Application of Acquisition of Land Act 1981 (c. 67)
1(1) The Acquisition of Land Act 1981 applies to the...
2(1) Schedule 3 to the Act of 1981 applies to...
Extinguishment of private rights of way etc.
3(1) Sub-paragraph (2) applies where the HCA completes the compulsory...
4The HCA may give a direction before the completion of...
5Paragraph 3(2) is subject to any agreement which may be...
6(1) Paragraph 3(2) does not apply to—
7(1) Any person who suffers loss by the extinguishment of...
New rights: Compulsory Purchase Act 1965 (c. 56)
8(1) The Compulsory Purchase Act 1965 applies, with the necessary...
New rights: specific adaptations of 1965 Act
9(1) Part 1 of the Act of 1965 applies to...
10Section 7 (measure of compensation) of the Act of 1965...
11Section 8(1) of the Compulsory Purchase Act 1965 has effect...
12(1) The provisions of the Act of 1965 mentioned in...
13(1) Section 11 of the Act of 1965 (powers of...
14Section 20 of the Act of 1965 (compensation for short-term...
15Section 22 of the Act of 1965 (protection of acquiring...
New rights: compensation
16(1) The enactments relating to compensation for the compulsory purchase...
Part 2Acquisition by agreement
17(1) The provisions of Part 1 of the Compulsory Purchase...
SCHEDULE 3Main powers in relation to land acquired by the HCA
Part 1Powers to override easements etc.
Powers to override easements etc. in undertaking works or using land
1(1) The HCA or any other person may undertake any...
Compensation for overridden easements etc.
2(1) Compensation is payable under section 7 or 10 of...
Part 2Powers to extinguish public rights of way
Powers of Secretary of State to extinguish public rights of way by order
3The Secretary of State may by order extinguish any public...
Notification of proposal to make order
4(1) This paragraph applies if the Secretary of State is...
Duty to consider objections
5(1) The Secretary of State must proceed under paragraph 6...
6(1) The Secretary of State must, before making a final...
Duty to give opportunity to appear
7(1) The Secretary of State must, before making a final...
Power to treat objection as irrelevant
8The Secretary of State may treat the objection as irrelevant...
Power to curtail decision-making process
9The Secretary of State may make a final decision without...
Power to hold public local inquiry
10(1) The Secretary of State must cause a public local...
Orders relating to electronic communications apparatus: removal or abandonment of apparatus
11Paragraphs 12 and 13 apply if— (a) an order under...
12(1) The power of the operator of the network to...
13(1) The operator of the network may abandon the electronic...
14(1) The operator of the network may recover from the...
15Electronic communications apparatus, or any part of it, abandoned by...
Orders relating to electronic communications apparatus: notice requirements
16(1) The Secretary of State must serve notice on the...
Supplementary: Part 2
17The power of the Secretary of State to make orders...
18In this Part of this Schedule, in relation to an...
Part 3Powers in relation to burial grounds and consecrated land etc.
Burial grounds
19(1) This paragraph applies in relation to any land of...
Consecrated land other than burial grounds
20(1) This paragraph applies in relation to any land of...
Other land connected to religious worship
21(1) This paragraph applies in relation to any land of...
Regulations: general
22(1) Regulations under this Part of this Schedule must secure...
Regulations about human remains and monuments
23(1) Regulations under this Part of this Schedule about the...
Disapplication of faculties
24(1) No faculty is required for— (a) the removal and...
Disapplication of section 25 of the Burial Act 1857
25Section 25 of the Burial Act 1857 (c. 81) (which...
Interpretation: Part 3
26(1) In this Part of this Schedule— “burial ground” includes...
SCHEDULE 4Powers in relation to, and for, statutory undertakers
Part 1Extinguishment or removal powers for the HCA
Notice for extinguishment of rights of undertakers or for removal of their apparatus
1(1) Sub-paragraph (2) applies if— (a) a protected right subsists...
Counter-notices
2(1) Sub-paragraph (2) applies if the HCA serves a notice...
Effect of unopposed notice
3(1) This paragraph applies if— (a) a notice is served...
Opposed notices and Ministerial orders
4(1) This paragraph applies if— (a) a notice is served...
5(1) Before making an order under paragraph 4(3), the Secretary...
6(1) This paragraph applies if an order is made under...
Compensation
7(1) Statutory undertakers are entitled to compensation from the HCA...
Electronic communications
8(1) The reference in paragraph 1(1)(a) to a protected right...
Part 2Powers for undertakers to carry out works
Notices to carry out works
9(1) Sub-paragraph (2) applies if— (a) apparatus vested in, or...
Counter-notices
10(1) Sub-paragraph (2) applies if statutory undertakers serve a notice...
Effect of unopposed notice
11(1) This paragraph applies if— (a) a notice is served...
Opposed notices and Ministerial orders
12(1) This paragraph applies if— (a) a notice is served...
Power to arrange for the works to be done by the HCA
13(1) Sub-paragraph (2) applies if statutory undertakers have the right...
Compensation
14(1) Statutory undertakers are entitled to compensation from the HCA...
Electronic communications
15(1) The reference in paragraph 9(1)(a) to apparatus vested in,...
Part 3Extension or modification of functions of undertakers
Ministerial order following representations by statutory undertakers
16(1) The Secretary of State and the appropriate Minister may...
Ministerial order following representations by the HCA
17(1) The Secretary of State and the appropriate Minister may...
Examples of contents of orders
18(1) An order under paragraph 16 or 17 may, in...
Notification of proposal to make order
19(1) Statutory undertakers must, as soon as possible after making...
20(1) The HCA must, as soon as possible after making...
Duty to consider objections
21(1) The Secretary of State and the appropriate Minister must...
22(1) The Secretary of State and the appropriate Minister must,...
Duty to give opportunity to appear
23(1) The Secretary of State and the appropriate Minister must,...
Power to treat objection as irrelevant
24The Secretary of State and the appropriate Minister may treat...
Power to curtail decision-making process
25The Secretary of State and the appropriate Minister may make...
Power to hold public local inquiry
26(1) The Secretary of State and the appropriate Minister must...
Special parliamentary procedure for orders
27Orders under paragraph 16 or 17 are subject to special...
Part 4Relieving undertakers of obligations
Orders to relieve obligations
28(1) The appropriate Minister may by order provide for statutory...
Notification of proposal to make order
29(1) Statutory undertakers must, as soon as possible after making...
Duty to consider objections
30(1) The appropriate Minister must proceed under paragraph 31 if—...
31(1) The appropriate Minister must, before making a final decision,...
Duty to give opportunity to appear
32(1) The appropriate Minister must, before making a final decision,...
Power to treat objection as irrelevant
33The appropriate Minister may treat the objection as irrelevant for...
Power to curtail decision-making process
34The appropriate Minister may make a final decision without further...
Power to hold public local inquiry
35(1) The appropriate Minister may cause a public local inquiry...
Notification procedure after the making of an order
36(1) The appropriate Minister must, immediately after making an order...
Operative date of orders
37An order under paragraph 28 which is not subject to...
Special parliamentary procedure for orders
38(1) An order under paragraph 28 is subject to special...
Legal challenges to orders
39(1) Sub-paragraph (2) applies if a person aggrieved by an...
Part 5Supplementary
Orders and directions
40(1) The power of— (a) the Secretary of State and...
Interpretation
41(1) In this Schedule— “the appropriate Minister” is to be...
SCHEDULE 5Amendments of the New Towns Act 1981
1The New Towns Act 1981 (c. 64) is amended as...
2For the heading to Part 2 substitute “Transfers from and...
3For the italic heading before section 35 substitute “ Functions...
4Omit section 35 (establishment of Commission for the New Towns)....
5(1) Section 36 (functions of Commission) is amended as follows....
6Omit sections 37 (restrictions on functions of Commission) and 38...
7(1) Section 39 (power of development corporations to transfer undertakings)...
8(1) Section 41 (transfer of property to Commission and dissolution...
9After section 41 insert— Part 2: interpretation In this Part— “the appropriate national authority”— in relation to...
10(1) Section 58 (advances to development corporations and Commission) is...
11(1) Section 58A (grants to development corporations and Commission) is...
12(1) Section 59 (other borrowing powers of development corporations and...
13(1) Section 60 (limit on borrowing by development corporations and...
14(1) Section 61 (provisions supplemental to section 58) is amended...
15(1) Section 62 (Treasury guarantees) is amended as follows.
16Omit section 62B (power to suspend loan obligations of development...
17(1) Section 63 (Secretary of State's general power) is amended...
18(1) Section 65 (disposal of surplus funds) is amended as...
19In section 66(1) (payments under sections 63 and 65 treated...
20(1) Section 67 (accounts of Commission and development corporations) is...
21(1) Section 68 (audit) is amended as follows.
22(1) Section 69 (Secretary of State's accounts) is amended as...
23(1) Section 70 (reports) is amended as follows.
24(1) Section 71 (information) is amended as follows.
25In section 72(1)(a) (application and exclusion of certain enactments: section...
26In section 74(3) (local inquiries) for “sections 37, 40 and...
27In section 77(3) (regulations and orders to be made by...
28In section 80(1) (general interpretation provisions)— (a) omit the definition...
29In section 82 (short title, extent and commencement)—
30Omit Schedule 9 (additional provisions as to the Commission).
31(1) Schedule 10 (additional provisions as to transfer to Commission...
32(1) Schedule 11 (saving and transitional provisions) is amended as...
SCHEDULE 6Transfer schemes
Creation and apportionment of property, rights and liabilities etc.
1A scheme may— (a) create for the transferor interests in,...
2(1) A scheme may provide for the transfer of property,...
3A certificate by the Secretary of State that anything specified...
Employment contracts
4(1) This paragraph applies if rights and liabilities under a...
5(1) Rights and liabilities under a contract of employment are...
6If (apart from the change of employer) a substantial detrimental...
Civil servants treated as employed under a contract of employment etc.
7(1) This Schedule applies with the following modifications in relation...
Compensation
8A scheme may contain provision for the payment of compensation...
Continuity
9A transfer by virtue of a scheme does not affect...
10Anything which— (a) is done by the transferor for the...
11There may be continued by or in relation to the...
12(1) This paragraph applies to any document—
Supplementary etc. provision
13A scheme may include supplementary, incidental, transitional and consequential provision....
SCHEDULE 7Transfer schemes: tax
Overview
1This Schedule makes provision about the fiscal effect of transfers...
Key concepts
2(1) In this Schedule— (a) “transfer scheme” means a scheme...
Other definitions
3(1) In this Schedule— (a) ICTA means the Income and...
Corporation tax: continuity of trade
4(1) This paragraph applies if as the result of a...
Corporation tax: capital allowances
5(1) This paragraph applies in respect of property transferred under...
6The following transfers shall be treated as giving rise to...
Corporation tax: capital gains
7(1) This paragraph applies in respect of property transferred under...
8A transfer shall be disregarded for the purposes of section...
9At the end of section 35(3)(d) of TCGA (re-basing to...
Corporation tax: intangible assets
10(1) This paragraph applies for the purposes of Schedule 29...
Corporation tax: loan relationships
11(1) If as a result of a transfer the transferee...
Stamp duty
12(1) Stamp duty shall not be chargeable on a transfer...
SCHEDULE 8Amendments of enactments: Part 1
Public Records Act 1958 (c. 51)
1In Schedule 1 to the Public Records Act 1958 (definition...
Land Compensation Act 1961 (c. 33)
2. . . . . . . . . ....
Public Health Act 1961 (c. 64)
3In Schedule 4 to the Public Health Act 1961 (attachment...
Parliamentary Commissioner Act 1967 (c. 13)
4In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments...
Leasehold Reform Act 1967 (c. 88)
5The Leasehold Reform Act 1967 is amended as follows.
6In section 28(5)(b) (retention or resumption of land required for...
7(1) Section 29 (reservation of future right to develop) is...
8In section 30(7)(a) (reservation of right of pre-emption in new...
9In section 33 (Crown land) after subsection (2) insert—
10In section 37(1) (interpretation of Part 1) after paragraph (b)...
11(1) Schedule 4 (re-acquisition for development) is amended as follows....
12In paragraph 2(2)(c) of Schedule 4A (exclusion of certain shared...
National Loans Act 1968 (c. 13)
13In Schedule 1 to the National Loans Act 1968 (Government...
Local Government Act 1972 (c. 70)
14The Local Government Act 1972 is amended as follows.
15(1) Section 100J (application of Part 5A of the Act...
16In section 100K (interpretation and application of Part 5A) in...
Land Compensation Act 1973 (c. 26)
17(1) Section 39 of the Land Compensation Act 1973 (duty...
Local Government Act 1974 (c. 7)
18(1) The Local Government Act 1974 is amended as follows....
House of Commons Disqualification Act 1975 (c. 24)
19(1) Part 2 of Schedule 1 to the House of...
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
20(1) Part 2 of Schedule 1 to the Northern Ireland...
Race Relations Act 1976 (c. 74)
21(1) Schedule 1A to the Race Relations Act 1976 (bodies...
Rent (Agriculture) Act 1976 (c. 80)
22(1) Section 5 of the Rent (Agriculture) Act 1976 (no...
Rent Act 1977 (c. 42)
23(1) Section 14 of the Rent Act 1977 (landlord's interest...
Protection from Eviction Act 1977 (c. 43)
24(1) Section 3A of the Protection from Eviction Act 1977...
Local Government, Planning and Land Act 1980 (c. 65)
25The Local Government, Planning and Land Act 1980 is amended...
26In section 4(4) (power to direct bodies to publish information)...
27In section 93 (public bodies to whom Part 10 applies)...
28In section 99(4)(e) (directions to dispose of land: supplementary) omit...
29In section 165A(2) (transfer by order of property etc. of...
30In section 165B(2) (transfer by order of property etc. of...
31In Schedule 16 (bodies to whom Part 10 applies) omit...
Highways Act 1980 (c. 66)
32(1) Section 219 of the Highways Act 1980 (payments to...
Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66)
33(1) The Compulsory Purchase (Vesting Declarations) Act 1981 is amended...
Local Government (Miscellaneous Provisions) Act 1982 (c. 30)
34(1) Paragraph 2 of Schedule 4 to the Local Government...
Housing Act 1985 (c. 68)
35In Schedule 5 to the Housing Act 1985 (exceptions to...
Landlord and Tenant Act 1985 (c. 70)
36In section 38 (minor definitions) of the Landlord and Tenant...
Landlord and Tenant Act 1987 (c. 31)
37The Landlord and Tenant Act 1987 is amended as follows....
38In section 21(3)(a) (tenant's right to apply to tribunal for...
39In section 29(7)(a) (conditions for making acquisition orders)—
40In section 58(1) (exempt landlords and resident landlords)—
41In section 60 (general interpretation) after subsection (1) insert—
Income and Corporation Taxes Act 1988 (c. 1)
42In section 376(4) of the Income and Corporation Taxes Act...
Local Government Act 1988 (c. 9)
43In Schedule 2 to the Local Government Act 1988 (public...
Housing Act 1988 (c. 50)
44The Housing Act 1988 is amended as follows.
45In the italic heading before section 50 omit “: functions...
46Omit sections 50 (housing association grants) and 51 (revenue deficit...
47(1) Section 52 (recovery etc. of grants) is amended as...
48(1) Section 53 (determinations under Part 2) is amended as...
49In section 54(2)(a) (tax relief grants) for “a registered social...
50In section 59(1A) (interpretation of Part 2 etc.) for “50”...
Local Government and Housing Act 1989 (c. 42)
51In section 172(8) of the Local Government and Housing Act...
Town and Country Planning Act 1990 (c. 8)
52(1) Section 8A of the Town and Country Planning Act...
Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
53In Schedule 4 to the Planning (Listed Buildings and Conservation...
Planning (Hazardous Substances) Act 1990 (c. 10)
54In section 3 of the Planning (Hazardous Substances) Act 1990...
Water Industry Act 1991 (c. 56)
55The Water Industry Act 1991 is amended as follows.
56In section 41(2)(d)(i) (power to require the provision of a...
57In section 97(5) (performance of sewerage undertaker's functions by local...
58In section 98 (power to require the provision of a...
59In section 219(1) (general interpretation) after the definition of “navigation...
Water Resources Act 1991 (c. 57)
60(1) Section 72 of the Water Resources Act 1991 (interpretation...
Social Security Administration Act 1992 (c. 5)
61In section 191 (interpretation: general), in the definition of “new...
Taxation of Chargeable Gains Act 1992 (c. 12)
62In section 219(1) of the Taxation of Chargeable Gains Act...
Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)
63(1) The Leasehold Reform, Housing and Urban Development Act 1993...
Finance Act 1996 (c. 8)
64(1) Section 43A of the Finance Act 1996 (landfill tax...
Housing Act 1996 (c. 52)
65(1) Section 28 of the Housing Act 1996 (grants under...
Regional Development Agencies Act 1998 (c. 45)
66. . . . . . . . . ....
67
68
69
70
71
Greater London Authority Act 1999 (c. 29)
72The Greater London Authority Act 1999 is amended as follows....
73(1) Section 333A (the London housing strategy) is amended as...
74In section 333D (duty to have regard to the London...
75(1) Section 408 (transfers of property, rights or liabilities) is...
76In section 409 (transfer schemes) omit subsection (5).
Freedom of Information Act 2000 (c. 36)
77(1) Part 6 of Schedule 1 to the Freedom of...
Finance Act 2003 (c. 14)
78The Finance Act 2003 is amended as follows.
79In section 71(4) (certain acquisitions by registered social landlord exempt...
80(1) Schedule 9 (stamp duty land tax: right to buy,...
Planning and Compulsory Purchase Act 2004 (c. 5)
81In section 37 of the Planning and Compulsory Purchase Act...
Finance Act 2004 (c. 12)
82In section 59(1)(f) of the Finance Act 2004 (contractors) for...
Local Government and Public Involvement in Health Act 2007 (c. 28)
83In section 104(4) of the Local Government and Public Involvement...
SCHEDULE 9Amendments of enactments: Part 2
Public Records Act 1958 (c. 51)
1In Part 2 of the Table at the end of...
Parliamentary Commissioner Act 1967 (c. 13)
2(1) Schedule 2 to the Parliamentary Commissioner Act 1967 (departments...
House of Commons Disqualification Act 1975 (c. 24)
3(1) Part 2 of Schedule 1 to the House of...
Race Relations Act 1976 (c. 74)
4In paragraph 52 of Part 1 of Schedule 1A to...
Interpretation Act 1978 (c. 30)
5In Schedule 1 to the Interpretation Act 1978 (defined expressions)...
Local Government, Planning and Land Act 1980 (c. 65)
6In Schedule 16 to the Local Government, Planning and Land...
Inheritance Tax Act 1984 (c. 51)
7In section 24A(2) of the Inheritance Tax Act 1984 (gifts...
Housing Associations Act 1985 (c. 69)
8The Housing Associations Act 1985 is amended as follows.
9(1) Section 9 (control by Corporation of disposals of land...
10(1) Section 10 (dispositions excepted from section 9) is amended...
Income and Corporation Taxes Act 1988 (c. 1)
11The Income and Corporation Taxes Act 1988 is amended as...
12In section 376(4) (qualifying borrowers and qualifying lenders) for paragraph...
13In section 488(7A) (co-operative housing associations)— (a) at the beginning...
14In section 489(5A) (self-build societies) for “Housing Corporation” substitute “...
15In section 506B(9) (transactions with substantial donors: exceptions)—
Taxation of Chargeable Gains Act 1992 (c. 12)
16The Taxation of Chargeable Gains Act 1992 is amended as...
17(1) Section 218 (disposals of land between the Housing Corporation,...
18(1) Section 219 (disposals by Housing Corporation, the Secretary of...
19(1) Section 259 (gifts to housing associations) is amended as...
Audit Commission Act 1998 (c. 18)
20The Audit Commission Act 1998 is amended as follows.
21For section 40 substitute— Studies relating to registered providers of...
22Omit sections 41 to 41B (functions in relation to registered...
23(1) Section 41C (advice and assistance for registered social landlords)...
24Omit section 43 (meaning of “registered social landlord”).
25In section 49(2A) (disclosure of information) for the words from...
26In Schedule 1 (the Audit Commission) omit—
27In paragraph 3 of Schedule 2A (interaction with other authorities)...
Freedom of Information Act 2000 (c. 36)
28(1) Part 6 of Schedule 1 to the Freedom of...
Finance Act 2003 (c. 14)
29The Finance Act 2003 is amended as follows.
30(1) Section 71 (certain acquisitions by registered social landlord exempt...
31(1) Paragraph 2 of Schedule 3 (stamp duty land tax:...
32(1) Schedule 9 (stamp duty land tax: right to buy,...
Finance Act 2004 (c. 12)
33In section 59(1)(h) of the Finance Act 2004 (contractors) for...
Income Tax Act 2007 (c. 3)
34In section 555 of the Income Tax Act 2007 (transactions...
SCHEDULE 10Penalty charge notices
Contents of notice
1A penalty charge notice given to a person under section...
2The penalty charge specified in the notice shall be of...
3(1) The period specified under paragraph 1(c) must not be...
Review and withdrawal of notice
4(1) Sub-paragraph (2) applies if, within the period specified under...
5The enforcement authority may give the recipient of a penalty...
Appeals
6(1) The recipient of a penalty charge notice may appeal...
Recovery of penalty charge
7(1) The amount of the penalty charge is recoverable from...
8In proceedings for the recovery of the penalty charge, a...
Repayments
9The enforcement authority must repay any amount previously paid as...
Supplementary
10(1) A penalty charge notice and any other notice mentioned...
11(1) The appropriate national authority may by regulations make provision...
SCHEDULE 11Possession orders relating to certain tenancies
Part 1Amendments to the Housing Acts of 1985, 1988 and 1996
Housing Act 1985 (c. 68)
1The Housing Act 1985 is amended as follows.
2(1) Section 82 (security of tenure: date on which secure...
3(1) Section 85 (extended discretion of court in certain proceedings...
4In Schedule 3 (grounds for withholding consent to assignment by...
Housing Act 1988 (c. 50)
5The Housing Act 1988 is amended as follows.
6(1) Section 5 (security of tenure) is amended as follows....
7In section 7(7) (possession orders in cases of fixed term...
8(1) Section 9 (extended discretion of court in possession claims)...
9(1) Section 21 (recovery of possession on expiry or termination...
Housing Act 1996 (c. 52)
10The Housing Act 1996 is amended as follows.
11(1) Section 127 (introductory tenancies: proceedings for possession) is amended...
12(1) Section 130 (introductory tenancies: effect of beginning proceedings for...
13(1) Section 143D (demoted tenancies: proceedings for possession) is amended...
Transitional provisions
14(1) Subject as follows, this Part of this Schedule does...
Part 2Replacement of certain terminated tenancies
Circumstances in which replacement tenancies arise
15In this Part of this Schedule “an original tenancy” means...
16(1) A new tenancy of the dwelling-house which was let...
Nature of replacement tenancies
17The new tenancy is to be— (a) a secure tenancy...
18(1) The new tenancy is, subject as follows, to have...
19(1) Any provision which is made by or under an...
Status of possession order and other court orders
20(1) The possession order in pursuance of which the original...
Continuity of tenancies
21(1) The new tenancy and the original tenancy are to...
Compliance with consultation requirements
22(1) The fact that— (a) the views of the ex-tenant...
Joint tenancies
23(1) In the application of this Part of this Schedule...
Successor landlords
24(1) The appropriate national authority may by order provide for...
Supplementary
25In determining for the purposes of this Part of this...
26(1) In this Part of this Schedule— “appropriate national authority”...
SCHEDULE 12Service charges: provision of information and designated accounts
Landlord and Tenant Act 1985 (c. 70)
1The Landlord and Tenant Act 1985 is amended as follows....
2For section 21 (as substituted by section 152 of the...
3(1) Section 21A (withholding of service charges) is amended as...
4(1) Section 22 (as substituted by section 154 of the...
5In section 23(1) (as substituted by paragraph 1 of Schedule...
6In section 23A(4) (effect of change of landlord)—
7In section 26(1) (exception: tenants of certain public authorities) for...
8In section 27 (exception: rent registered and not entered as...
9Omit section 28 (meaning of “qualified accountant”).
10In section 39 (index of defined expressions) omit the entry...
Landlord and Tenant Act 1987 (c. 31)
11The Landlord and Tenant Act 1987 is amended as follows....
12(1) Section 42A (service charge contributions to be held in...
13(1) Section 53 (regulations and orders) is amended as follows....
Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)
14The Leasehold Reform, Housing and Urban Development Act 1993 is...
15(1) Section 78 (management audits) is amended as follows.
16In section 79(2)(a) (rights exercisable in connection with management audits)—...
SCHEDULE 13Demolition notices
Final demolition notices
1Schedule 5 to the Housing Act 1985 (c. 68) (exceptions...
2(1) Paragraph 13 (final demolition notices) is amended as follows....
3(1) Paragraph 15 (extension or revocation etc. of final demolition...
4After paragraph 15 insert— (1) This paragraph applies if— (a) a final demolition notice...
5In paragraph 16(1) (notices under paragraphs 13 and 15) for...
Initial demolition notices
6Schedule 5A to the Housing Act 1985 (c. 68) (initial...
7In paragraph 1(4)(b) (initial demolition notices: maximum specified period to...
8In paragraph 2(1) (period of validity of initial demolition notices)...
9In paragraph 3(1) (revocation of initial demolition notices: application of...
10After paragraph 3 insert— Transfer of initial demolition notices (1) This paragraph applies if— (a) an initial demolition notice...
11(1) Paragraph 4 (restrictions on service of further notices) is...
12In paragraph 5 (notices under Schedule 5A) for “or 15”...
13In paragraph 6(1) (interpretation) after “Schedule” insert “ (other than...
Transitional provision
14This Schedule does not apply to notices served before the...
SCHEDULE 14Disposals of dwelling-houses by local authorities
Housing Act 1985 (c. 68)
1(1) The Housing Act 1985 is amended as follows.
Housing Act 1988 (c. 50)
2In section 133(3) of the Housing Act 1988 (consent required...
Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)
3(1) The Leasehold Reform, Housing and Urban Development Act 1993...
Housing Act 1996 (c. 52)
4(1) The Housing Act 1996 is amended as follows.
SCHEDULE 15Ineligible persons from abroad: statutory disregards
Part 1England and Wales
Housing Act 1996 (c. 52)
1The Housing Act 1996 is amended as follows.
2(1) Section 167 (allocation in accordance with allocation scheme) is...
3(1) Section 184 (inquiry into cases of homelessness or threatened...
4(1) Section 185 (persons from abroad not eligible for certain...
5(1) Section 193 (duty to persons with priority need who...
6(1) Section 195 (duties in the case of threatened homelessness)...
7(1) Section 202 (right to request review of decision) is...
8In section 218 (index of defined expressions: Part 7) insert...
Part 2Scotland and Northern Ireland
Housing (Scotland) Act 1987 (c. 26)
9The Housing (Scotland) Act 1987 is amended as follows.
10(1) Section 20 (persons having priority on housing list and...
11(1) Section 30 (notification of decision and reasons) is amended...
12(1) Section 31 (duties to persons found to be homeless)...
13(1) Section 32 (duties to persons found to be threatened...
14(1) Section 34 (duties to persons whose applications are referred)...
15In section 35A(2) (right to request review of decision) after...
16In section 43 (minor definitions) at the appropriate places insert—...
Housing (Northern Ireland) Order 1988 (S.I. 1988/1990 (N.I. 23))
17Part 2 of the Housing (Northern Ireland) Order 1988 is...
18(1) Article 7A (persons not eligible for housing assistance) is...
19(1) Article 9 (notification of decision and reasons) is amended...
20(1) Article 10 (duties to persons found to be homeless)...
21(1) Article 11 (duties to persons found to be threatened...
Immigration and Asylum Act 1999 (c. 33)
22(1) Section 119 of the Immigration and Asylum Act 1999...
Part 3Consequential amendments
Criminal Justice and Immigration Act 2008 (c. 4)
23The Criminal Justice and Immigration Act 2008 is amended as...
24Omit section 134(6) (support for designated persons: eligibility for certain...
25Omit section 135(7) (power to amend or repeal section 134(6))....
SCHEDULE 16Repeals and revocations

Housing and Regeneration Act 2008

2008 c. 17

An Act to establish the Homes and Communities Agency and make provision about it; to abolish the Urban Regeneration Agency and the Commission for the New Towns and make provision in connection with their abolition; to regulate social housing; to enable the abolition of the Housing Corporation; to make provision about sustainability certificates, landlord and tenant matters, building regulations and mobile homes; to make further provision about housing; and for connected purposes.

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—