Citation and commencement

1.—(1) This Order may be cited as the Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008.

(2) Subject to paragraph (3), this Order comes into force on the day section 5 of the Housing and Regeneration Act 2008 comes into force (“the commencement date”).

(3) The following provisions of this Order come into force on the day section 158 of the Leasehold Reform, Housing and Urban Development Act 1993(2) is repealed (which is provided for in paragraph 63 of Schedule 8 to, and in Schedule 16 to, the Housing and Regeneration Act 2008)—

(a)paragraph 44 of Schedule 1 and the related entry in Schedule 3, and

(b)the consequential repeal in the Planning and Compulsory Purchase Act 2004(3) set out in Schedule 3.

Interpretation

2.  In this Order—

“the CNT” means the Commission for the New Towns,

“the HCA” means the Homes and Communities Agency.

Extent

3.—(1) Subject to paragraph (2), this Order extends to England and Wales only.

(2) In so far as it relates to section 16 of the Consumer Credit Act 1974(4), this Order extends to England and Wales and to Northern Ireland.

Consequential amendments: Part 1 of the Housing and Regeneration Act 2008

4.  The enactments specified in Schedule 1 to this Order have effect with the amendments specified.

Transitional and saving provisions

5.  The amendments, modifications and repeals made by this Order have effect subject to the transitional and saving provisions in Schedule 2 to this Order.

Repeals

6.  The enactments specified in Schedule 3 to this Order are repealed to the extent specified.

Consequential modification of modified right to buy provisions

7.—(1) References to the “Housing Corporation” —

(a)in the modified enactments, and

(b)in the enactments to which the modified amendments relate,

shall be treated as references to the “Homes and Communities Agency”.

(2) In this article—

“modified amendments” means the amendments which, by virtue of paragraph 4 of Schedule 1 to the Leasehold Reform, Housing and Urban Development Act 1993 (Commencement and Transitional Provisions No. 1) Order 1993 (5), did not have effect in relation to the operation of Part V of the Housing Act 1985 as applied by the Local Government Reorganisation (Preservation of Right to Buy) Order 1986(6); and

“modified enactments” means—

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

Consumer Credit Act 1974

1.—(1) Section 16 of the Consumer Credit Act 1974(9) (exempt agreements) is amended as follows.

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

(3) After subsection (6B) insert—

“(6BA) In subsection (6B)(a) “the Welsh new towns residuary body” means the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981. ”(10).

Housing Act 1985

2.  The Housing Act 1985(11) is amended as follows.

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

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

(b)after paragraph (f) insert—

“(g)“new towns residuary body” means—

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

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

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

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

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

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

(3) After subsection (1) insert—

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

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

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

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

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

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

“the Homes and Communities Agency,

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

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

7.  In section 50(2) (offences)—

(a)omit “or”,

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

(c)after “corporation,” insert—

“or

the Welsh Ministers”.

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

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

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

(2) In subsection (1)—

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

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

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

(3) Before subsection (3) insert—

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

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

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

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

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

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

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

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

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

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

(4) After subsection (4) insert—

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

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

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

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

(6) Subsection (5)—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) After subsection (5) insert—

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

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

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

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

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

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

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

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

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

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

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

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

(2) In paragraph 7(1)—

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

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

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

“the Commission for the New Towns,”.

(3) After paragraph 7A insert—

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

(a)the Homes and Communities Agency, or

(b)the Welsh Ministers.”.

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

Housing Associations Act 1985

33.  The Housing Associations Act 1985(12) is amended as follows.

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

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

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

Housing Act 1988

36.  The Housing Act 1988(13) is amended as follows.

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

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

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

(3) In subsection (4)—

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

(b)before paragraph (c) insert—

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

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

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

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

(4) After subsection (4) insert—

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

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

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

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

(5) After subsection (4B) insert—

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

(6) In subsection (5)(a)—

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

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

(7) After subsection (5) insert—

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

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

(b)in relation to other times—

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

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

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

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

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

Taxation of Chargeable Gains Act 1992

41.  The Taxation of Chargeable Gains Act 1992(14) is amended as follows.

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

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

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

Leasehold Reform, Housing and Urban Development Act 1993

44.  In Schedule 21 to the Leasehold Reform, Housing and Urban Development Act 1993(15) (minor and consequential amendments) omit paragraph 2.

Housing Act 1996

45.  The Housing Act 1996(16) is amended as follows.

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

Housing Grants, Construction and Regeneration Act 1996

47.  The Housing Grants, Construction and Regeneration Act 1996(17) is amended as follows.

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

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

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

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

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

(a)after “In this Part—” insert—

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

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

National Health Service Act 2006

51.  The National Health Service Act 2006(18) is amended as follows.

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

“(b)the Homes and Communities Agency,

(ba)the Welsh new towns residuary body,”.

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

“(d)the Homes and Communities Agency,

(e)the Welsh new towns residuary body.”.

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

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

National Health Service (Wales) Act 2006

55.  The National Health Service (Wales) Act 2006(19) is amended as follows.

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

“(b)the Homes and Communities Agency,”.

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

“(b)the Homes and Communities Agency,”.

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

“(d)the Homes and Communities Agency.”.

Housing and Regeneration Act 2008

59.  In Schedule 7 to the Housing and Regeneration Act 2008(20) (transfer schemes: tax) omit paragraph 9.

SCHEDULE 2Transitional and saving provisions

General savings

1.  The modifications made by this Order do not affect the validity of anything done (or having effect as if done) by or in relation to the CNT or the Housing Corporation before the commencement date.

Functions transferred from the CNT to the HCA or the Welsh Ministers

2.—(1) Anything which, on the commencement date, is in the process of being done by or in relation to the CNT may, so far as it relates to any function transferred by this Order from the CNT to the HCA or the Welsh Ministers, be continued by or in relation to the HCA or (as the case may be) the Welsh Ministers.

(2) Anything done (or having effect as if done) by or in relation to the CNT for the purposes of or in connection with any function transferred by this Order from the CNT to the HCA or the Welsh Ministers shall, if in force or effective on the commencement date, have effect as if done by or in relation to the HCA or (as the case may be) the Welsh Ministers so far as that is required for continuing its effect on and after the commencement date.

(3) Any enactment, instrument or other document passed or made before the commencement date shall have effect, so far as necessary for the purposes of or in consequence of sub-paragraph (1) or (2), as if any references (however expressed) to the CNT were references to the HCA or (as the case may be) the Welsh Ministers.

(4) The references in sub-paragraphs (1) and (2) to things done include references to things omitted to be done.

(5) The references in sub-paragraphs (1) to (3) to the HCA or the Welsh Ministers are to be read as including references to them acting in a particular capacity or in relation to particular matters.

3.  The HCA shall be treated as included in the list of bodies in section 50(2) of the Housing Act 1985 in respect of any failure by the CNT to perform a duty imposed by section 48 of that Act which is treated by virtue of paragraph 2(2) above as if it were a failure by the HCA.

Functions of the CNT which cease to be exercisable

4.—(1) Sub-paragraph (2) applies where, by virtue of this Order, functions cease to be exercisable by the CNT and are not transferred to any other person.

(2) Any repeal made for this purpose by this Order of any reference (however expressed) to the CNT does not apply so far as the reference applies in relation to times, circumstances or purposes before the commencement date.

Functions of the Housing Corporation transferred to the HCA

5.—(1) Anything which, on the commencement date, is in the process of being done by or in relation to the Housing Corporation may, so far as it relates to any function transferred by article 7 of, or paragraph 21 of Schedule 1 to, this Order from the Housing Corporation to the HCA, be continued by or in relation to the HCA.

(2) Anything done (or having effect as if done) by or in relation to the Housing Corporation for the purposes of or in connection with any function transferred by article 7 of, or paragraph 21 of Schedule 1 to, this Order from the Housing Corporation to the HCA shall, if in force or effective on the commencement date, have effect as if done by or in relation to the HCA so far as that is required for continuing its effect on and after the commencement date.

(3) Any enactment, instrument or other document passed or made before the commencement date shall have effect, so far as necessary for the purposes of or in consequence of sub-paragraph (1) or (2), as if any references (however expressed) to the Housing Corporation were references to the HCA.

(4) The references in sub-paragraphs (1) and (2) to things done include references to things omitted to be done.

Other provisions

6.—(1) The amendments made by paragraphs 22 and 24 of Schedule 1 to this Order do not apply in relation to any loans which—

(a)were made by the Housing Corporation by virtue of section 450B of the Housing Act 1985(21) before the commencement date; and

(b)are outstanding or otherwise in force or effective on that date.

(2) Section 450B of that Act (and any regulations made under it) continue to apply in relation to such loans without the amendments made by paragraphs 22 and 24 of Schedule 1 to this Order but as if references (however expressed) to the Housing Corporation were references to the HCA.

(3) Paragraph 5 above applies to functions transferred by sub-paragraph (2) above as it applies to the functions transferred to the HCA as mentioned in sub-paragraphs (1) and (2) of paragraph 5.

7.  Any repeal by this Order of an enactment which amends or partially repeals an enactment which is repealed by the Housing and Regeneration Act 2008 is subject to any transitional, transitory or saving provision made, by an order under section 322 of that Act, in relation to the enactment repealed by that Act.

SCHEDULE 3Repeals

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes amendments and modifications to, and repeals of, provisions in primary legislation that make reference to the Urban Regeneration Agency, the Commission for the New Towns, English Partnerships and the Housing Corporation. These amendments, modifications and repeals are in addition to those in the Housing and Regeneration Act 2008 itself and are consequential on the coming into force of provisions of that Act relating to the establishment of the Homes and Communities Agency, in particular, in relation to it being the successor to those bodies in relation to a number of their functions.

The amendments, modifications and repeals are subject to transitional and savings provisions, the main purpose of which is to ensure, as far as necessary, that anything done by the predecessor bodies is treated as done by the Homes and Communities Agency (or Welsh Ministers, as the case may be), and to ensure that anything being done by one of those bodies on the commencement date may be continued by the Homes and Communities Agency (or Welsh Ministers, as the case may be).