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Housing and Regeneration Act 2008

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part 1 The Homes and Communities Agency

    1. Chapter 1 General

      1. 1.Establishment and constitution

      2. 2.Objects

      3. 3.Principal powers

      4. 4.Powers: general

    2. Chapter 2 Land and infrastructure

      1. General

        1. 5.Powers to provide housing or other land

        2. 6.Powers for regeneration, development or effective use of land

        3. 7.Powers in relation to infrastructure

      2. Powers to deal with land etc.

        1. 8.Powers to deal with land etc.

        2. 9.Acquisition of land

        3. 10.Restrictions on disposal of land

      3. Powers in relation to acquired land

        1. 11.Main powers in relation to acquired land

        2. 12.Powers in relation to, and for, statutory undertakers

      4. Planning

        1. 13.Power of Secretary of State to make designation orders

        2. 14.Contents of designation orders

        3. 15.HCA as local planning authority: local involvement

        4. 16.Regional planning

      5. Other powers etc. in relation to land

        1. 17.Power to enter and survey land

        2. 18.Section 17: supplementary

    3. Chapter 3 Financial provision

      1. Powers to give financial assistance

        1. 19.Financial assistance

      2. Borrowing powers of the HCA

        1. 20.Powers to borrow

        2. 21.Loans by the Secretary of State

        3. 22.Guarantees by the Secretary of State

        4. 23.Financial limits

      3. Other

        1. 24.Power to charge for certain activities

        2. 25.Directions as to surplus funds

        3. 26.Duty to act as agent in respect of regeneration and development

        4. 27.Duty to act as agent in respect of derelict land etc.

    4. Chapter 4 Other functions of the HCA

      1. General

        1. 28.Business

        2. 29.Powers to form companies etc.

        3. 30.Community services

      2. Social housing

        1. 31.Duties in relation to social housing

        2. 32.Recovery etc. of social housing assistance

        3. 33.Section 32: interest and successors in title

        4. 34.Determinations under sections 32 and 33

        5. 35.Duty to give financial assistance in respect of certain disposals

        6. 36.Information in relation to social housing

        7. 37.Duty to co-operate with Regulator of Social Housing

      3. Information, education and guidance etc.

        1. 38.Information services

        2. 39.Advice, education and training

        3. 40.Guidance

      4. Functions in relation to companies and other persons

        1. 41.Control of subsidiaries

        2. 42.Agency arrangements with UDCs

        3. 43.Acting with, or for, other persons: general

        4. 44.Local government involvement

      5. Other

        1. 45.Support services

    5. Chapter 5 Supplementary

      1. Certain supervisory powers of the Secretary of State

        1. 46.Guidance by the Secretary of State

        2. 47.Directions by the Secretary of State

        3. 48.Consents of the Secretary of State

      2. Abolition of existing bodies

        1. 49.Abolition of Urban Regeneration Agency

        2. 50.Abolition of the Commission for the New Towns

        3. 51.Property etc. transfers to the HCA and the Welsh Ministers

        4. 52.Role of the HCA in relation to former CNT functions

        5. 53.Interim arrangements

      3. Other

        1. 54.Validity of transactions

        2. 55.Notices

        3. 56.Consequential amendments: Part 1

        4. 57.Interpretation: Part 1

        5. 58.Index of defined expressions: Part 1

  3. Part 2 Regulation of Social Housing

    1. Chapter 1 Introduction

      1. Preliminary

        1. 59.Purpose

        2. 60.Structural overview

        3. 61.Restriction of “registered social landlord” system to Wales

        4. 62.References to Welsh Ministers

        5. 63.References to National Assembly for Wales

        6. 64.Dissolution of Housing Corporation

        7. 65.Transfer schemes

        8. 66.Interim arrangements

        9. 67.Transitional arrangements

      2. Social housing

        1. 68.Basic principle

        2. 69.Low cost rental

        3. 70.Low cost home ownership

        4. 71.Shared ownership low cost rental

        5. 72.Regulations

        6. 73.Leaving the social housing stock: sale

        7. 74.Leaving the social housing stock: expired lease

        8. 75.Leaving the social housing stock: disposal with consent

        9. 76.Leaving the social housing stock: regulator’s direction

        10. 77.Housing stock under Housing Act 1996

      3. Other key concepts

        1. 78.Regulator of Social Housing

        2. 79.English bodies

        3. 80.Provider of social housing

    2. Chapter 2 The Social Housing Regulator

      1. Constitution

        1. 81.Establishment

        2. 82.Membership

        3. 83.Tenure

        4. 84.Chief executive

        5. 85.Other staff

      2. Proceedings

        1. 86.Fundamental objectives

        2. 87.Procedure

        3. 88.Conflict of interest

        4. 89.Committees

        5. 90.Delegation

        6. 91.Seal

        7. 92.Annual report

      3. Powers

        1. 93.General

        2. 94.Studies

        3. 95.Financial assistance

        4. 96.Evidence

        5. 97.Information, advice etc.

        6. 98.Tenant involvement

      4. Money

        1. 99.Remuneration

        2. 100.Charging

        3. 101.Assistance by Secretary of State

        4. 102.Borrowing

        5. 103.Accounts

        6. 104.Financial year

      5. Relationship with other bodies

        1. 105.Cooperation with the HCA

        2. 106.Direction to the HCA

      6. Information

        1. 107.Collection

        2. 108.Section 107: supplemental

        3. 109.Disclosure

    3. Chapter 3 Registration

      1. Introduction

        1. 110.Overview

        2. 111.The register

      2. Eligibility

        1. 112.Eligibility for registration

        2. 113.Local authority non-registrable bodies

        3. 114.Registration of local authorities

        4. 115.Profit-making and non-profit organisations

      3. Procedure

        1. 116.Entry

        2. 117.Fees

        3. 118.De-registration: compulsory

        4. 119.De-registration: voluntary

        5. 120.Notice

        6. 121.Appeal

    4. Chapter 4 Registered providers

      1. General provisions

        1. 122.Payments to members etc.

        2. 123.Disposal of property

        3. 124.Complaints

        4. 125.Voluntary undertaking

        5. 126.Sustainable community strategies

      2. Accounts

        1. 127.Directions

        2. 128.Submission to regulator

        3. 129.Companies exempt from audit

        4. 130.Exempt companies: accountant’s report

        5. 131.Exempt companies: reporting accountant

        6. 132.Application of Companies Act

        7. 133.Exempt companies: extraordinary audit

        8. 134.Non-audited industrial and provident society

        9. 135.Charity

        10. 136.Charity: audit

        11. 137.Charity: auditor’s report

        12. 138.Charity: accountant’s report

        13. 139.Charity: extraordinary audit

        14. 140.Charity: auditor’s powers

        15. 141.Offences

        16. 142.High Court

        17. 143.Disclosure

      3. Insolvency etc.

        1. 144.Preparatory steps: notice

        2. 145.Moratorium

        3. 146.Duration of moratorium

        4. 147.Further moratorium

        5. 148.Effect of moratorium

        6. 149.Exempted disposals

        7. 150.Disposals without consent

        8. 151.Interim manager

        9. 152.Proposals

        10. 153.Proposals: procedure

        11. 154.Proposals: effect

        12. 155.Manager: appointment

        13. 156.Manager: powers

        14. 157.Manager of industrial and provident society: extra powers

        15. 158.Assistance by regulator

        16. 159.Applications to court

      4. Restructuring and dissolution

        1. 160.Company: arrangements and reconstructions

        2. 161.Company: conversion into industrial and provident society

        3. 162.Company: winding up

        4. 163.Industrial and provident society: restructuring

        5. 164.Industrial and provident society: winding up

        6. 165.Industrial and provident society: dissolution

        7. 166.Winding up petition by regulator

        8. 167.Transfer of property

        9. 168.Section 167: supplemental

        10. 169.Extension of sections 167 and 168

    5. Chapter 5 Disposal of property

      1. Introductory

        1. 170.Overview

        2. 171.Power to dispose

      2. Regulator’s consent

        1. 172.Requirement of consent

        2. 173.Exceptions

        3. 174.Procedure

        4. 175.Disposal without consent

        5. 176.Notification where disposal consent not required

      3. Proceeds

        1. 177.Separate accounting

        2. 178.Use of proceeds

      4. Tenants' rights and duties

        1. 179.Application of Housing Act 1996

      5. Right to acquire

        1. 180.Right to acquire

        2. 181.Interpretation: “publicly funded”

        3. 182.Interpretation: “remained in the social rented sector”

        4. 183.Interpretation: other expressions

        5. 184.Right to acquire: supplemental

        6. 185.Right to acquire: consequential amendments

      6. Miscellaneous

        1. 186.Former registered providers

        2. 187.Change of use, etc.

        3. 188.Trustees

        4. 189.Charities

      7. Consents under other legislation

        1. 190.Consent to disposals under other legislation

        2. 191.Section 190: consequential amendments

    6. Chapter 6 Regulatory powers

      1. 192.Overview

      2. Standards

        1. 193.Provision of social housing

        2. 194.Management

        3. 195.Code of practice

        4. 196.Consultation

        5. 197.Direction by Secretary of State

        6. 198.Supplemental

      3. Monitoring

        1. 199.Survey

        2. 200.Survey: supplemental

        3. 201.Inspections

        4. 202.Inspections: supplemental

        5. 203.Inspector’s powers

        6. 204.Performance information

        7. 205.Publication of performance information

        8. 206.Inquiry

        9. 207.Inquiry: supplemental

        10. 208.Inquiry: evidence

        11. 209.Inquiry: charities

        12. 210.Extraordinary audit

      4. Management and constitution

        1. 211.Non-profit providers only

        2. 212.Industrial and provident society: change of rules

        3. 213.Charity: change of objects

        4. 214.Companies: change of articles

      5. Guidance

        1. 215.Use of intervention powers

        2. 216.Consultation

      6. Managers of social housing

        1. 217.Accreditation

    7. Chapter 7 Enforcement powers

      1. General

        1. 218.Exercise of enforcement powers

      2. Enforcement notice

        1. 219.Overview

        2. 220.Grounds for giving notice

        3. 221.Content

        4. 222.Notifying HCA

        5. 223.Appeal

        6. 224.Withdrawal

        7. 225.Sanction

      3. Penalty

        1. 226.Overview

        2. 227.Grounds for imposition

        3. 228.Imposition

        4. 229.Amount

        5. 230.Warning

        6. 231.Representations

        7. 232.Notifying HCA

        8. 233.Destination

        9. 234.Enforcement

        10. 235.Appeal

      4. Compensation

        1. 236.Overview

        2. 237.Grounds for award

        3. 238.Nature

        4. 239.Housing ombudsman compensation

        5. 240.Award

        6. 241.Impact

        7. 242.Warning

        8. 243.Representations

        9. 244.Enforcement

        10. 245.Appeal

      5. Management etc.

        1. 246.Overview

        2. 247.Management tender

        3. 248.Section 247: supplemental

        4. 249.Management transfer

        5. 250.Section 249: supplemental

        6. 251.Appointment of manager

        7. 252.Section 251: supplemental

        8. 253.Transfer of land

        9. 254.Section 253: supplemental

        10. 255.Amalgamation

      6. Restrictions on dealings

        1. 256.Restrictions on dealings during inquiry

        2. 257.Restrictions on dealings following inquiry

        3. 258.Restrictions on dealings: supplemental

      7. Suspension and removal of officers

        1. 259.Suspension during inquiry

        2. 260.Removal or suspension following inquiry

        3. 261.Suspension under section 259 or 260: supplemental

        4. 262.Disqualification of removed person

        5. 263.Register of disqualified persons

        6. 264.Acting while disqualified: offence

        7. 265.Acting while disqualified: other consequences

        8. 266.Removal of officers

        9. 267.Section 266: supplemental

        10. 268.Appeal against removal or suspension

        11. 269.Appointment of new officers

    8. Chapter 8 General

      1. Interpretation

        1. 270.Officer

        2. 271.Subsidiary and associate

        3. 272.Family

        4. 273.Disposal

        5. 274.Charities that have “received public assistance”

        6. 275.General

        7. 276.Index of defined terms

      2. Miscellaneous

        1. 277.Consequential amendments

        2. 278.Transitional

  4. Part 3 Other provisions

    1. Chapter 1 Sustainability certificates

      1. General

        1. 279.Certificates for new homes

        2. 280.Meaning of sustainability

        3. 281.Authorised assessors

        4. 282.Register of certificates

      2. Enforcement

        1. 283.Enforcement authorities

        2. 284.Power to require production of certificates or statements

        3. 285.Penalty charge notices

        4. 286.Offences relating to enforcement officers

      3. Supplementary

        1. 287.Grants

        2. 288.Suspension of duties

        3. 289.Disclosure of certificates etc.

        4. 290.General powers to make regulations

        5. 291.Powers to extend Chapter

        6. 292.Chapter 1: interpretation etc.

        7. 293.Index of defined expressions: Chapter 1

    2. Chapter 2 Landlord and tenant matters

      1. Tenant empowerment

        1. 294.Ballots before certain disposals to private landlords

        2. 295.Management agreements: extending requirements to co-operate

        3. 296.Requirements to co-operate in relation to certain disposals of land

      2. Family intervention tenancies

        1. 297.Family intervention tenancies: general

        2. 298.Certain family intervention tenancies: termination

      3. Possession orders

        1. 299.Possession orders relating to certain tenancies

      4. Leasehold enfranchisement

        1. 300.Right to acquire freehold: abolition of low rent test

        2. 301.Shared ownership leases: protection for certain leases

        3. 302.Shared ownership leases: protection for hard to replace houses

      5. Service charges

        1. 303.Service charges: provision of information and designated accounts

      6. Right to buy etc: miscellaneous

        1. 304.Exclusion of the right to buy: possession orders

        2. 305.Exclusion of the right to buy: demolition notices

        3. 306.Review of determination of value

        4. 307.Approved lending institutions

        5. 308.Former right to buy and other flats: service charge loans

        6. 309.Former right to buy and other flats: equity share purchases

        7. 310.Other amendments

      7. Other

        1. 311.Disposals of dwelling-houses by local authorities

        2. 312.Financial assistance for information and other services

    3. Chapter 3 Housing finance and other provisions

      1. Housing Revenue Account subsidy

        1. 313.Exclusions from subsidy arrangements

      2. Homelessness and allocation of housing

        1. 314.Ineligible persons from abroad: statutory disregards

        2. 315.Armed forces: local connection test

      3. Other

        1. 316.Amendments to Housing Act 1985: lending institutions

        2. 317.Building regulations: time limit for prosecutions

        3. 318.Protected mobile home sites to include sites for gypsies and travellers

        4. 319.Financial assistance for certain services about commonhold

  5. Part 4 Supplementary and final provisions

    1. 320.Orders and regulations

    2. 321.Consequential amendments and repeals

    3. 322.Transitional, transitory or saving provision

    4. 323.Financial provisions

    5. 324.Extent

    6. 325.Commencement

    7. 326.Short title

  6. SCHEDULES

    1. SCHEDULE 1

      The Homes and Communities Agency

      1. 1.Membership

      2. 2.Terms of appointment of members

      3. 3.Remuneration etc: members

      4. 4.Staff

      5. 5.Financial provision

      6. 6.Committees

      7. 7.Procedure and members' interests

      8. 8.The validity of proceedings of the HCA, or of any...

      9. 9.(1) A member of the HCA who is directly or...

      10. 10.Delegation

      11. 11.Reports, accounts etc.

      12. 12.(1) The HCA must keep proper accounts and proper records...

      13. 13.(1) The HCA must provide the Secretary of State with...

      14. 14.Supplementary and transitional provisions

      15. 15.The HCA is not to be regarded—

      16. 16.The HCA is a public body for the purposes of...

      17. 17.The Secretary of State (instead of the HCA) may—

    2. SCHEDULE 2

      Acquisition of land

      1. Part 1 Compulsory acquisition of land

        1. 1.Application of Acquisition of Land Act 1981 (c. 67)

        2. 2.(1) Schedule 3 to the Act of 1981 applies to...

        3. 3.Extinguishment of private rights of way etc.

        4. 4.The HCA may give a direction before the completion of...

        5. 5.Paragraph 3(2) is subject to any agreement which may be...

        6. 6.(1) Paragraph 3(2) does not apply to—

        7. 7.(1) Any person who suffers loss by the extinguishment of...

        8. 8.New rights: Compulsory Purchase Act 1965 (c. 56)

        9. 9.New rights: specific adaptations of 1965 Act

        10. 10.Section 7 (measure of compensation) of the Act of 1965...

        11. 11.Section 8 of the Act of 1965 (which relates to...

        12. 12.(1) The provisions of the Act of 1965 mentioned in...

        13. 13.(1) Section 11 of the Act of 1965 (powers of...

        14. 14.Section 20 of the Act of 1965 (compensation for short-term...

        15. 15.Section 22 of the Act of 1965 (protection of acquiring...

        16. 16.New rights: compensation

      2. Part 2 Acquisition by agreement

        1. 17.(1) The provisions of Part 1 of the Compulsory Purchase...

    3. SCHEDULE 3

      Main powers in relation to land of the HCA

      1. Part 1 Powers to override easements etc.

        1. 1.Powers to override easements etc. in undertaking works or using land

        2. 2.Compensation for overridden easements etc.

      2. Part 2 Powers to extinguish public rights of way

        1. 3.Powers of Secretary of State to extinguish public rights of way by order

        2. 4.Notification of proposal to make order

        3. 5.Duty to consider objections

        4. 6.(1) The Secretary of State must, before making a final...

        5. 7.Duty to give opportunity to appear

        6. 8.Power to treat objection as irrelevant

        7. 9.Power to curtail decision-making process

        8. 10.Power to hold public local inquiry

        9. 11.Orders relating to electronic communications apparatus: removal or abandonment of apparatus

        10. 12.(1) The power of the operator of the network to...

        11. 13.(1) The operator of the network may abandon the electronic...

        12. 14.(1) The operator of the network may recover from the...

        13. 15.Electronic communications apparatus, or any part of it, abandoned by...

        14. 16.Orders relating to electronic communications apparatus: notice requirements

        15. 17.Supplementary: Part 2

        16. 18.In this Part of this Schedule, in relation to an...

      3. Part 3 Powers in relation to burial grounds and consecrated land etc.

        1. 19.Burial grounds

        2. 20.Consecrated land other than burial grounds

        3. 21.Other land connected to religious worship

        4. 22.Regulations: general

        5. 23.Regulations about human remains and monuments

        6. 24.Disapplication of faculties

        7. 25.Disapplication of section 25 of the Burial Act 1857

        8. 26.Interpretation: Part 3

    4. SCHEDULE 4

      Powers in relation to, and for, statutory undertakers

      1. Part 1 Extinguishment or removal powers for the HCA

        1. 1.Notice for extinguishment of rights of undertakers or for removal of their apparatus

        2. 2.Counter-notices

        3. 3.Effect of unopposed notice

        4. 4.Opposed notices and Ministerial orders

        5. 5.(1) Before making an order under paragraph 4(3), the Secretary...

        6. 6.(1) This paragraph applies if an order is made under...

        7. 7.Compensation

        8. 8.Electronic communications

      2. Part 2 Powers for undertakers to carry out works

        1. 9.Notices to carry out works

        2. 10.Counter-notices

        3. 11.Effect of unopposed notice

        4. 12.Opposed notices and Ministerial orders

        5. 13.Power to arrange for the works to be done by the HCA

        6. 14.Compensation

        7. 15.Electronic communications

      3. Part 3 Extension or modification of functions of undertakers

        1. 16.Ministerial order following representations by statutory undertakers

        2. 17.Ministerial order following representations by the HCA

        3. 18.Examples of contents of orders

        4. 19.Notification of proposal to make order

        5. 20.(1) The HCA must, as soon as possible after making...

        6. 21.Duty to consider objections

        7. 22.(1) The Secretary of State and the appropriate Minister must,...

        8. 23.Duty to give opportunity to appear

        9. 24.Power to treat objection as irrelevant

        10. 25.Power to curtail decision-making process

        11. 26.Power to hold public local inquiry

        12. 27.Special parliamentary procedure for orders

      4. Part 4 Relieving undertakers of obligations

        1. 28.Orders to relieve obligations

        2. 29.Notification of proposal to make order

        3. 30.Duty to consider objections

        4. 31.(1) The appropriate Minister must, before making a final decision,...

        5. 32.Duty to give opportunity to appear

        6. 33.Power to treat objection as irrelevant

        7. 34.Power to curtail decision-making process

        8. 35.Power to hold public local inquiry

        9. 36.Notification procedure after the making of an order

        10. 37.Operative date of orders

        11. 38.Special parliamentary procedure for orders

        12. 39.Legal challenges to orders

      5. Part 5 Supplementary

        1. 40.Orders and directions

        2. 41.Interpretation

    5. SCHEDULE 5

      Amendments of the New Towns Act 1981

      1. 1.The New Towns Act 1981 (c. 64) is amended as...

      2. 2.For the heading to Part 2 substitute “Transfers from and...

      3. 3.For the italic heading before section 35 substitute “Functions of...

      4. 4.Omit section 35 (establishment of Commission for the New Towns)....

      5. 5.(1) Section 36 (functions of Commission) is amended as follows....

      6. 6.Omit sections 37 (restrictions on functions of Commission) and 38...

      7. 7.(1) Section 39 (power of development corporations to transfer undertakings)...

      8. 8.(1) Section 41 (transfer of property to Commission and dissolution...

      9. 9.After section 41 insert— Part 2: interpretation In this Part— “the appropriate national authority”— in relation to...

      10. 10.(1) Section 58 (advances to development corporations and Commission) is...

      11. 11.(1) Section 58A (grants to development corporations and Commission) is...

      12. 12.(1) Section 59 (other borrowing powers of development corporations and...

      13. 13.(1) Section 60 (limit on borrowing by development corporations and...

      14. 14.(1) Section 61 (provisions supplemental to section 58) is amended...

      15. 15.(1) Section 62 (Treasury guarantees) is amended as follows.

      16. 16.Omit section 62B (power to suspend loan obligations of development...

      17. 17.(1) Section 63 (Secretary of State’s general power) is amended...

      18. 18.(1) Section 65 (disposal of surplus funds) is amended as...

      19. 19.In section 66(1) (payments under sections 63 and 65 treated...

      20. 20.(1) Section 67 (accounts of Commission and development corporations) is...

      21. 21.(1) Section 68 (audit) is amended as follows.

      22. 22.(1) Section 69 (Secretary of State’s accounts) is amended as...

      23. 23.(1) Section 70 (reports) is amended as follows.

      24. 24.(1) Section 71 (information) is amended as follows.

      25. 25.In section 72(1)(a) (application and exclusion of certain enactments: section...

      26. 26.In section 74(3) (local inquiries) for “sections 37, 40 and...

      27. 27.In section 77(3) (regulations and orders to be made by...

      28. 28.In section 80(1) (general interpretation provisions)— (a) omit the definition...

      29. 29.In section 82 (short title, extent and commencement)—

      30. 30.Omit Schedule 9 (additional provisions as to the Commission).

      31. 31.(1) Schedule 10 (additional provisions as to transfer to Commission...

      32. 32.(1) Schedule 11 (saving and transitional provisions) is amended as...

    6. SCHEDULE 6

      Transfer schemes

      1. 1.Creation and apportionment of property, rights and liabilities etc.

      2. 2.(1) A scheme may provide for the transfer of property,...

      3. 3.A certificate by the Secretary of State that anything specified...

      4. 4.Employment contracts

      5. 5.(1) Rights and liabilities under a contract of employment are...

      6. 6.If (apart from the change of employer) a substantial detrimental...

      7. 7.Civil servants treated as employed under a contract of employment etc.

      8. 8.Compensation

      9. 9.Continuity

      10. 10.Anything which— (a) is done by the transferor for the...

      11. 11.There may be continued by or in relation to the...

      12. 12.(1) This paragraph applies to any document—

      13. 13.Supplementary etc. provision

    7. SCHEDULE 7

      Transfer schemes: tax

      1. 1.Overview

      2. 2.Key concepts

      3. 3.Other definitions

      4. 4.Corporation tax: continuity of trade

      5. 5.Corporation tax: capital allowances

      6. 6.The following transfers shall be treated as giving rise to...

      7. 7.Corporation tax: capital gains

      8. 8.A transfer shall be disregarded for the purposes of section...

      9. 9.At the end of section 35(3)(d) of TCGA (re-basing to...

      10. 10.Corporation tax: intangible assets

      11. 11.Corporation tax: loan relationships

      12. 12.Stamp duty

    8. SCHEDULE 8

      Amendments of enactments: Part 1

      1. 1.Public Records Act 1958 (c. 51)

      2. 2.Land Compensation Act 1961 (c. 33)

      3. 3.Public Health Act 1961 (c. 64)

      4. 4.Parliamentary Commissioner Act 1967 (c. 13)

      5. 5.Leasehold Reform Act 1967 (c. 88)

      6. 6.In section 28(5)(b) (retention or resumption of land required for...

      7. 7.(1) Section 29 (reservation of future right to develop) is...

      8. 8.In section 30(7)(a) (reservation of right of pre-emption in new...

      9. 9.In section 33 (Crown land) after subsection (2) insert—

      10. 10.In section 37(1) (interpretation of Part 1) after paragraph (b)...

      11. 11.(1) Schedule 4 (re-acquisition for development) is amended as follows....

      12. 12.In paragraph 2(2)(c) of Schedule 4A (exclusion of certain shared...

      13. 13.National Loans Act 1968 (c. 13)

      14. 14.Local Government Act 1972 (c. 70)

      15. 15.(1) Section 100J (application of Part 5A of the Act...

      16. 16.In section 100K (interpretation and application of Part 5A) in...

      17. 17.Land Compensation Act 1973 (c. 26)

      18. 18.Local Government Act 1974 (c. 7)

      19. 19.House of Commons Disqualification Act 1975 (c. 24)

      20. 20.Northern Ireland Assembly Disqualification Act 1975 (c. 25)

      21. 21.Race Relations Act 1976 (c. 74)

      22. 22.Rent (Agriculture) Act 1976 (c. 80)

      23. 23.Rent Act 1977 (c. 42)

      24. 24.Protection from Eviction Act 1977 (c. 43)

      25. 25.Local Government, Planning and Land Act 1980 (c. 65)

      26. 26.In section 4(4) (power to direct bodies to publish information)...

      27. 27.In section 93 (public bodies to whom Part 10 applies)...

      28. 28.In section 99(4)(e) (directions to dispose of land: supplementary) omit...

      29. 29.In section 165A(2) (transfer by order of property etc. of...

      30. 30.In section 165B(2) (transfer by order of property etc. of...

      31. 31.In Schedule 16 (bodies to whom Part 10 applies) omit...

      32. 32.Highways Act 1980 (c. 66)

      33. 33.Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66)

      34. 34.Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

      35. 35.Housing Act 1985 (c. 68)

      36. 36.Landlord and Tenant Act 1985 (c. 70)

      37. 37.Landlord and Tenant Act 1987 (c. 31)

      38. 38.In section 21(3)(a) (tenant’s right to apply to tribunal for...

      39. 39.In section 29(7)(a) (conditions for making acquisition orders)—

      40. 40.In section 58(1) (exempt landlords and resident landlords)—

      41. 41.In section 60 (general interpretation) after subsection (1) insert—

      42. 42.Income and Corporation Taxes Act 1988 (c. 1)

      43. 43.Local Government Act 1988 (c. 9)

      44. 44.Housing Act 1988 (c. 50)

      45. 45.In the italic heading before section 50 omit “: functions...

      46. 46.Omit sections 50 (housing association grants) and 51 (revenue deficit...

      47. 47.(1) Section 52 (recovery etc. of grants) is amended as...

      48. 48.(1) Section 53 (determinations under Part 2) is amended as...

      49. 49.In section 54(2)(a) (tax relief grants) for “a registered social...

      50. 50.In section 59(1A) (interpretation of Part 2 etc.) for “50”...

      51. 51.Local Government and Housing Act 1989 (c. 42)

      52. 52.Town and Country Planning Act 1990 (c. 8)

      53. 53.Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

      54. 54.Planning (Hazardous Substances) Act 1990 (c. 10)

      55. 55.Water Industry Act 1991 (c. 56)

      56. 56.In section 41(2)(d)(i) (power to require the provision of a...

      57. 57.In section 97(5) (performance of sewerage undertaker’s functions by local...

      58. 58.In section 98 (power to require the provision of a...

      59. 59.In section 219(1) (general interpretation) after the definition of “navigation...

      60. 60.Water Resources Act 1991 (c. 57)

      61. 61.Social Security Administration Act 1992 (c. 5)

      62. 62.Taxation of Chargeable Gains Act 1992 (c. 12)

      63. 63.Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

      64. 64.Finance Act 1996 (c. 8)

      65. 65.Housing Act 1996 (c. 52)

      66. 66.Regional Development Agencies Act 1998 (c. 45)

      67. 67.Omit section 36 (transfer of property etc. of Urban Regeneration...

      68. 68.Omit section 37 (powers in relation to the Urban Regeneration...

      69. 69.In section 38(10) (corporation tax)— (a) in the definition of...

      70. 70.In section 39(4)(b) (stamp duty) for “any of sections 34...

      71. 71.Omit Schedule 9 (the Urban Regeneration Agency: transfer schemes).

      72. 72.Greater London Authority Act 1999 (c. 29)

      73. 73.(1) Section 333A (the London housing strategy) is amended as...

      74. 74.In section 333D (duty to have regard to the London...

      75. 75.(1) Section 408 (transfers of property, rights or liabilities) is...

      76. 76.In section 409 (transfer schemes) omit subsection (5).

      77. 77.Freedom of Information Act 2000 (c. 36)

      78. 78.Finance Act 2003 (c. 14)

      79. 79.In section 71(4) (certain acquisitions by registered social landlord exempt...

      80. 80.(1) Schedule 9 (stamp duty land tax: right to buy,...

      81. 81.Planning and Compulsory Purchase Act 2004 (c. 5)

      82. 82.Finance Act 2004 (c. 12)

      83. 83.Local Government and Public Involvement in Health Act 2007 (c. 28)

    9. SCHEDULE 9

      Amendments of enactments: Part 2

      1. 1.Public Records Act 1958 (c. 51)

      2. 2.Parliamentary Commissioner Act 1967 (c. 13)

      3. 3.House of Commons Disqualification Act 1975 (c. 24)

      4. 4.Race Relations Act 1976 (c. 74)

      5. 5.Interpretation Act 1978 (c. 30)

      6. 6.Local Government, Planning and Land Act 1980 (c. 65)

      7. 7.Inheritance Tax Act 1984 (c. 51)

      8. 8.Housing Associations Act 1985 (c. 69)

      9. 9.(1) Section 9 (control by Corporation of disposals of land...

      10. 10.(1) Section 10 (dispositions excepted from section 9) is amended...

      11. 11.Income and Corporation Taxes Act 1988 (c. 1)

      12. 12.In section 376(4) (qualifying borrowers and qualifying lenders) for paragraph...

      13. 13.In section 488(7A) (co-operative housing associations)— (a) at the beginning...

      14. 14.In section 489(5A) (self-build societies) for “Housing Corporation” substitute “Regulator...

      15. 15.In section 506B(9) (transactions with substantial donors: exceptions)—

      16. 16.Taxation of Chargeable Gains Act 1992 (c. 12)

      17. 17.(1) Section 218 (disposals of land between the Housing Corporation,...

      18. 18.(1) Section 219 (disposals by Housing Corporation, the Secretary of...

      19. 19.(1) Section 259 (gifts to housing associations) is amended as...

      20. 20.Audit Commission Act 1998 (c. 18)

      21. 21.For section 40 substitute— Studies relating to registered providers of...

      22. 22.Omit sections 41 to 41B (functions in relation to registered...

      23. 23.(1) Section 41C (advice and assistance for registered social landlords)...

      24. 24.Omit section 43 (meaning of “registered social landlord”).

      25. 25.In section 49(2A) (disclosure of information) for the words from...

      26. 26.In Schedule 1 (the Audit Commission) omit—

      27. 27.In paragraph 3 of Schedule 2A (interaction with other authorities)...

      28. 28.Freedom of Information Act 2000 (c. 36)

      29. 29.Finance Act 2003 (c. 14)

      30. 30.(1) Section 71 (certain acquisitions by registered social landlord exempt...

      31. 31.(1) Paragraph 2 of Schedule 3 (stamp duty land tax:...

      32. 32.(1) Schedule 9 (stamp duty land tax: right to buy,...

      33. 33.Finance Act 2004 (c. 12)

      34. 34.Income Tax Act 2007 (c. 3)

    10. SCHEDULE 10

      Penalty charge notices

      1. 1.Contents of notice

      2. 2.The penalty charge specified in the notice shall be of...

      3. 3.(1) The period specified under paragraph 1(c) must not be...

      4. 4.Review and withdrawal of notice

      5. 5.The enforcement authority may give the recipient of a penalty...

      6. 6.Appeals

      7. 7.Recovery of penalty charge

      8. 8.In proceedings for the recovery of the penalty charge, a...

      9. 9.Repayments

      10. 10.Supplementary

      11. 11.(1) The appropriate national authority may by regulations make provision...

    11. SCHEDULE 11

      Possession orders relating to certain tenancies

      1. Part 1 Amendments to the Housing Acts of 1985, 1988 and 1996

        1. 1.Housing Act 1985 (c. 68)

        2. 2.(1) Section 82 (security of tenure: date on which secure...

        3. 3.(1) Section 85 (extended discretion of court in certain proceedings...

        4. 4.In Schedule 3 (grounds for withholding consent to assignment by...

        5. 5.Housing Act 1988 (c. 50)

        6. 6.(1) Section 5 (security of tenure) is amended as follows....

        7. 7.In section 7(7) (possession orders in cases of fixed term...

        8. 8.(1) Section 9 (extended discretion of court in possession claims)...

        9. 9.(1) Section 21 (recovery of possession on expiry or termination...

        10. 10.Housing Act 1996 (c. 52)

        11. 11.(1) Section 127 (introductory tenancies: proceedings for possession) is amended...

        12. 12.(1) Section 130 (introductory tenancies: effect of beginning proceedings for...

        13. 13.(1) Section 143D (demoted tenancies: proceedings for possession) is amended...

        14. 14.Transitional provisions

      2. Part 2 Replacement of certain terminated tenancies

        1. 15.Circumstances in which replacement tenancies arise

        2. 16.(1) A new tenancy of the dwelling-house which was let...

        3. 17.Nature of replacement tenancies

        4. 18.(1) The new tenancy is, subject as follows, to have...

        5. 19.(1) Any provision which is made by or under an...

        6. 20.Status of possession order and other court orders

        7. 21.Continuity of tenancies

        8. 22.Compliance with consultation requirements

        9. 23.Joint tenancies

        10. 24.Successor landlords

        11. 25.Supplementary

        12. 26.(1) In this Part of this Schedule— “appropriate national authority”...

    12. SCHEDULE 12

      Service charges: provision of information and designated accounts

      1. 1.Landlord and Tenant Act 1985 (c. 70)

      2. 2.For section 21 (as substituted by section 152 of the...

      3. 3.(1) Section 21A (withholding of service charges) is amended as...

      4. 4.(1) Section 22 (as substituted by section 154 of the...

      5. 5.In section 23(1) (as substituted by paragraph 1 of Schedule...

      6. 6.In section 23A(4) (effect of change of landlord)—

      7. 7.In section 26(1) (exception: tenants of certain public authorities) for...

      8. 8.In section 27 (exception: rent registered and not entered as...

      9. 9.Omit section 28 (meaning of “qualified accountant”).

      10. 10.In section 39 (index of defined expressions) omit the entry...

      11. 11.Landlord and Tenant Act 1987 (c. 31)

      12. 12.(1) Section 42A (service charge contributions to be held in...

      13. 13.(1) Section 53 (regulations and orders) is amended as follows....

      14. 14.Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

      15. 15.(1) Section 78 (management audits) is amended as follows.

      16. 16.In section 79(2)(a) (rights exercisable in connection with management audits)—...

    13. SCHEDULE 13

      Demolition notices

      1. 1.Final demolition notices

      2. 2.(1) Paragraph 13 (final demolition notices) is amended as follows....

      3. 3.(1) Paragraph 15 (extension or revocation etc. of final demolition...

      4. 4.After paragraph 15 insert— (1) This paragraph applies if— (a) a final demolition notice...

      5. 5.In paragraph 16(1) (notices under paragraphs 13 and 15) for...

      6. 6.Initial demolition notices

      7. 7.In paragraph 1(4)(b) (initial demolition notices: maximum specified period to...

      8. 8.In paragraph 2(1) (period of validity of initial demolition notices)...

      9. 9.In paragraph 3(1) (revocation of initial demolition notices: application of...

      10. 10.After paragraph 3 insert— Transfer of initial demolition notices (1) This paragraph applies if— (a) an initial demolition notice...

      11. 11.(1) Paragraph 4 (restrictions on service of further notices) is...

      12. 12.In paragraph 5 (notices under Schedule 5A) for “or 15”...

      13. 13.In paragraph 6(1) (interpretation) after “Schedule” insert “(other than paragraph...

      14. 14.Transitional provision

    14. SCHEDULE 14

      Disposals of dwelling-houses by local authorities

      1. 1.Housing Act 1985 (c. 68)

      2. 2.Housing Act 1988 (c. 50)

      3. 3.Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

      4. 4.Housing Act 1996 (c. 52)

    15. SCHEDULE 15

      Ineligible persons from abroad: statutory disregards

      1. Part 1 England and Wales

        1. 1.Housing Act 1996 (c. 52)

        2. 2.(1) Section 167 (allocation in accordance with allocation scheme) is...

        3. 3.(1) Section 184 (inquiry into cases of homelessness or threatened...

        4. 4.(1) Section 185 (persons from abroad not eligible for certain...

        5. 5.(1) Section 193 (duty to persons with priority need who...

        6. 6.(1) Section 195 (duties in the case of threatened homelessness)...

        7. 7.(1) Section 202 (right to request review of decision) is...

        8. 8.In section 218 (index of defined expressions: Part 7) insert...

      2. Part 2 Scotland and Northern Ireland

        1. 9.Housing (Scotland) Act 1987 (c. 26)

        2. 10.(1) Section 20 (persons having priority on housing list and...

        3. 11.(1) Section 30 (notification of decision and reasons) is amended...

        4. 12.(1) Section 31 (duties to persons found to be homeless)...

        5. 13.(1) Section 32 (duties to persons found to be threatened...

        6. 14.(1) Section 34 (duties to persons whose applications are referred)...

        7. 15.In section 35A(2) (right to request review of decision) after...

        8. 16.In section 43 (minor definitions) at the appropriate places insert—...

        9. 17.Housing (Northern Ireland) Order 1988 (S.I. 1988/1990 (N.I. 23))

        10. 18.(1) Article 7A (persons not eligible for housing assistance) is...

        11. 19.(1) Article 9 (notification of decision and reasons) is amended...

        12. 20.(1) Article 10 (duties to persons found to be homeless)...

        13. 21.(1) Article 11 (duties to persons found to be threatened...

        14. 22.Immigration and Asylum Act 1999 (c. 33)

      3. Part 3 Consequential amendments

        1. 23.Criminal Justice and Immigration Act 2008 (c. 4)

        2. 24.Omit section 134(6) (support for designated persons: eligibility for certain...

        3. 25.Omit section 135(7) (power to amend or repeal section 134(6))....

    16. SCHEDULE 16

      Repeals and revocations

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