5.Section 1 imposes a duty on relevant authorities to maintain a register of individuals (either acting alone or organised into groups) who have expressed an interest in acquiring a serviced plot of land in order to build a house for such an individual to occupy as a home.
6.Section 1 goes on to define what constitutes a ‘relevant authority’ (the definition reflects the definition of local planning authority in section 37 of the Planning and Compulsory Purchase Act 2004) but it also confers on the Secretary of State a regulation-making power allowing the Secretary of State to provide for other public authorities to be considered as the relevant authorities for specified areas. The regulation-making power can also be used to provide that any newly-specified relevant authority can be designated as the authority for its area to the exclusion of any other authority, in order to avoid the existence of multiple registers for an area.
7.The Secretary of State may use regulations in order to specify how a relevant authority can comply with its duty to keep a register. The relevant provisions are set out in the Schedule to the Act and cover the following aspects:
Paragraph 2 (the registers) – The Secretary of State can provide in regulations details of how the registers should be kept including form, content, and how to amend the register (including renewal and possible removal of entries).
Paragraph 3 (eligibility) – The Secretary of State can make provision in regulations about eligibility criteria which an individual or group of individuals must meet before they can be added to the register. These may include criteria about age and nationality, information about how an individual intends to occupy the home (eg as a primary residence), and additional criteria for those registering in groups as to the constitution and financial arrangements of any group.
Paragraph 4 (applications to be registered) - The Secretary of State can make provision in regulations as to the information to be contained in applications for individuals and groups of individuals to be entered onto the register, and for applications to renew entries on the register. Regulations may specify that the applicant has to provide information on matters such as the size, location and price of the plot they may wish to acquire. If a group of individuals is applying to be entered onto the register, regulations may provide that information about the individuals comprising the group should be submitted.
Paragraph 5 (right to review) – The Secretary of State can provide in regulations for a right of review for persons who have been refused entry onto the register (either first entry or on renewal) or have been removed from the register, on grounds relating to eligibility.
Paragraph 6 (fees) – The Secretary of State may make provision in regulations as to the payment of fees to relevant authorities in connection with their duty to maintain a register. The regulations may specify that the Secretary of State can specify a fee payable, or that the relevant authorities can fix the level of fee payable to them.
8.Section 2 imposes a duty on the authorities referred to in subsection (2) to have regard to the registers when carrying out certain functions. These functions are specified in subsection (4) as functions relating to planning, housing, the disposal of any land of the authority and regeneration.
9.The Secretary of State also has a regulation-making power allowing the Secretary of State to provide for other public authorities to be required to have regard to the registers and to be considered as the authorities for specified areas. This means that an authority so specified may not necessarily be required to have regard to the register for its entire geographic areas of competence.
10.Subsection (1) provides that a relevant authority must have regard to any guidance issued by the Secretary of State in connection with the operation of the registers as set out in section 1 and in regulations made under the Schedule.
11.Subection (2) provides that an authority must have regard to any guidance issued by the Secretary of State in connection with its duty under section 2 to have regard to the registers.
12.Section 4 sets out the parliamentary procedures by which different regulations must be made. Regulations concerning how a relevant authority may charge fees in connection with the registers (as set out in paragraph 6 of the Schedule), and regulations which make provision for other public authorities to be specified as a relevant authority for the purposes of the requirement to keep a register or as an authority that has regard to registers when carrying out certain functions (as set out in sections 1 and 2), are subject to the affirmative procedure. All other regulation-making powers (other than the commencement power) are subject to the negative procedure.
13.Section 5 sets out definitions of terms used in the Act. These include the definition of ‘house’ which covers any dwelling that is part of a building and ‘serviced plot of land’ which covers any plot of land that satisfies any requirements about utilities and other matters as specified by the Secretary of State in regulations.
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