The Housing and Regeneration Act 2008 (Consequential Provisions) (No. 2) Order 2008

• Citation: S.I. 2008/2831
• Sections: 41

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Housing and Regeneration Act 2008 (Consequential Provisions) (No. 2) Order 2008.

(2) This Order comes into force on the day section 5 of the Housing and Regeneration Act 2008 comes into force (“the commencement date”).

(3) This Order extends to England and Wales.

Section 2 Interpretation

In this Order—

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

“the HCA ” means the Homes and Communities Agency,

“the URA ” means the Urban Regeneration Agency.

Section 3 Consequential amendments: Part 1 of the Housing and Regeneration Act 2008

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

Section 4 Consequential amendments: Part 2 of the Housing and Regeneration Act 2008

The enactments specified in Schedule 2 to this Order have effect with the amendments specified.

Section 5 Transitional and saving provisions

The amendments made by Schedules 1 and 2 to this Order have effect subject to the transitional and saving provisions in Schedule 3 to this Order.

Section 6 Consequential amendments of inquiries procedure rules, and related saving and transitional provision

The enactments specified in Schedule 4 to this Order have effect with the amendments specified and subject to the transitional and saving provisions in that Schedule.

Section 1 Rent Act 1977 (Forms etc ) Regulations 1980

In Schedule 1 to the Rent Act 1977 (Forms etc) Regulations 1977 , in Forms 5, 6, 8, 9 and 9A, after “Housing Corporation,”, wherever appearing, insert “or the Homes and Communities Agency”.

Section 2 Local Government Reorganisation (Preservation of Right to Buy) Order 1986

In article 11(2)(b) of the Local Government Reorganisation (Preservation of Right to Buy) Order 1986 for “Housing Corporation” substitute “Homes and Communities Agency”.

Section 3 Housing (Right to Buy) (Prescribed Forms) Regulations 1986

In Schedule 1 to the Housing (Right to Buy) (Prescribed Forms) Regulations 1986 , under the heading “What happens next?”, in the list of “Public Sector landlords”, for “Commission for the New Towns” substitute “Homes and Communities Agency”.

Section 4 Social Security (Claims and Payments) Regulations 1987

In paragraph 8 of Schedule 9A to the Social Security (Claims and Payments) Regulations 1987 , after paragraph (a) insert—

(aa) the Homes and Communities Agency;

Section 5 Consumer Credit (Exempt Agreements) Order 1989

(1) The Consumer Credit (Exempt Agreements) Order 1989 is amended as follows.

(2) In Part II of Schedule 1, for the entries relating to the Commission for the New Towns and the Urban Regeneration Agency substitute—

(3) In Part II of Schedule 1, after the entry for “Southern Health and Social Services Board” insert—

Section 6 Housing (Service Charge Loans) Regulations 1992

(1) The Housing (Service Charge Loans) Regulations 1992 are amended as follows.

(2) In regulation 1(2), in the definition of “lender”, for “the Corporation” substitute “the Homes and Communities Agency or the Welsh Ministers, as the case may be”.

(3) In regulation 2(2), for “the Corporation” substitute “the Homes and Communities Agency or the Welsh Ministers, as the case may be”.

(4) In regulation 5(1) and 5(2), for “the Corporation” substitute “the Welsh Ministers”.

Section 7 Jobseeker’s Allowance Regulations 1996

(1) The Jobseeker’s Allowance Regulations 1996 are amended as follows.

(2) In regulation 19(1)(r)(iii), for “Urban Regeneration Agency” substitute “Homes and Communities Agency”.

(3) In regulation 19(3) omit the definition of “Urban Regeneration Agency”.

Section 8 Social Landlords (Permissible Additional Purposes or Objects) Order 1996

In article 2(1) of the Social Landlords (Permissible Additional Purposes or Objects) Order 1996 , in the definition of “qualifying lending institution”, after “Housing Corporation;” insert—

(aa) the Homes and Communities Agency;

Section 9 Social Landlords (Additional Purposes or Objects) Order 1999

In article 3(3) of the Social Landlords (Additional Purposes or Objects) Order 1999 , in the definition of “qualifying lending institution”, after “Housing Corporation;” insert—

(aa) the Homes and Communities Agency;

Section 10 Redundancy Payments (Continuity of Employment in Local Government, etc. ) (Modification) Order 1999

In paragraph 13 of section 2 of Schedule 1 to the Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 1999 , for “The Commission for the New Towns” substitute “The Homes and Communities Agency”.

Section 11 Financial Services and Markets Act 2000 (Exemption) Order 2001

In the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001 , after paragraph 48(2)(c) insert—

(ca) the Homes and Communities Agency;

Section 12 Race Relations Act 1976 (Statutory Duties) Order 2001

In Schedule 1 to the Race Relations Act 1976 (Statutory Duties) Order 2001 , for “English Partnerships” substitute “The Homes and Communities Agency”.

Section 13 Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005

In Part 1 of Schedule 1 to the Disability Discrimination (Public Authorities) (Statutory Duties) Order 2001 , for “English Partnerships” substitute “The Homes and Communities Agency”.

Section 14 Social Housing (Grants to Bodies other than Registered Social Landlords) (Additional Purposes) (England) Order 2006

In article 2 of the Social Housing (Grants to Bodies other than Registered Social Landlords) (Additional Purposes) (England) Order 2006 , in the definition of “public sector housing”, for “the Housing Corporation” substitute “the Homes and Communities Agency”.

Section 15 Sex Discrimination Act 1975 (Public Authorities) (Statutory Duties) Regulations 2006

In the Schedule to the Sex Discrimination Act 1975 (Public Authorities) (Statutory Duties) Regulations 2006 , for “English Partnerships” substitute “The Homes and Communities Agency”.

Section 16 Transport and Works (Model Clauses for Railways and Tramways) Order 2006

(1) The Transport and Works (Model Clauses for Railways and Tramways) Order 2006 is amended as follows.

(2) In Model Clause 14(8)(a) in Schedule 1, for “the Commission for the New Towns” substitute “the Homes and Communities Agency”.

(3) In Model Clause 18(8)(a) in Schedule 2, for “the Commission for the New Towns” substitute “the Homes and Communities Agency”.

Section 17 Official Statistics Order 2008

In the Schedule to the Official Statistics Order 2008 —

(a) after the entry for the Higher Education Statistics Agency, insert “Homes and Communities Agency”; and

(b) omit the entries for “Commission for the New Towns” and “Urban Regeneration Agency”.

Section 1 Public Bodies’ Land (Appropriate Ministers) Order 1981

In article 2 of the Public Bodies’ Land (Appropriate Ministers) Order 1981 , for the entry relating to the Housing Corporation substitute, in the first column, the words “The Regulator of Social Housing”, and in the second column, the words “The Secretary of State for Communities and Local Government”.

Section 2 Public Interest Disclosure (Prescribed Persons) Order 1999

In the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 1999 , for “Housing Corporation” substitute “Regulator of Social Housing”.

Section 3 Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 1999

In paragraph 17 of section 2 of Schedule 1 to the Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 1999 , for “The Housing Corporation” substitute “The Regulator of Social Housing”.

Section 4 Financial Services and Markets Act 2000 (Exemption) Order 2001

In the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001 , in paragraph 48(2), for “The Housing Corporation” substitute “The Regulator of Social Housing”.

Section 5 Race Relations Act 1976 (Statutory Duties) Order 2001

In Schedule 1 to the Race Relations Act 1976 (Statutory Duties) Order 2001 , for “The Housing Corporation” substitute “The Regulator of Social Housing”.

Section 6 Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005

In Part 1 of Schedule 1 to the Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005 , for “The Housing Corporation” substitute “The Regulator of Social Housing”.

Section 7 Sex Discrimination Act 1975 (Public Authorities) (Statutory Duties) Regulations 2006

In the Schedule to the Sex Discrimination Act 1975 (Public Authorities) (Statutory Duties) Regulations 2006 , for “The Housing Corporation” substitute “The Regulator of Social Housing”.

Section 8 Official Statistics Order 2008

In the Schedule to the Official Statistics Order 2008 , for “Housing Corporation” substitute “Regulator of Social Housing”.

Section 1 General savings

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

Section 2 Functions transferred from the URA or CNT to the HCA or the Welsh Ministers

(1) Anything which, immediately before the commencement date, is in the process of being done by or in relation to the URA or CNT may, so far as it relates to any function transferred by virtue of this Order from the URA or CNT to the HCA or the Welsh Ministers, be continued, on and after that date, 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 URA or CNT for the purposes of or in connection with any function transferred by virtue of this Order from the URA or CNT to the HCA or the Welsh Ministers shall, if in force or effective immediately before 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 references (however expressed) to the URA or 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.

Section 3 Functions of the Housing Corporation transferred to the HCA, the Regulator of Social Housing or the Welsh Ministers

(1) Anything which, immediately before 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 virtue of this Order from the Housing Corporation to the HCA, the Regulator of Social Housing or the Welsh Ministers, be continued, on and after that date, by or in relation to the HCA, the Regulator of Social Housing or the Welsh Ministers, as the case may be.

(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 virtue of this Order from the Housing Corporation to the HCA, the Regulator of Social Housing or the Welsh Ministers shall, if in force or effective immediately before the commencement date, have effect as if done by or in relation to the HCA, the Regulator of Social Housing or the Welsh Ministers, as the case may be, 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 references (however expressed) to the Housing Corporation were references to the HCA, the Regulator of Social Housing or the Welsh Ministers, as the case may be.

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

Section 4 Other provisions

(1) The Housing (Service Charge Loans) Regulations 1992 shall, on and after the commencement date, apply in relation to any loan given by the Housing Corporation under regulation 5 of those Regulations before the commencement date as if the loan had been made by the HCA.

(2) Anything done by the Housing Corporation in relation to such a loan shall, if in force or effective immediately before the commencement date, have effect as if done by the HCA so far as that is required for continuing its effect on and after the commencement date.

Section 1

The Rules listed in the first column of the Table are amended by the substitution for “the Commission for the New Towns” of “the Homes and Communities Agency” in the provision specified in the corresponding entry in the second column.

Section 2

At the end of rule 2(1) (interpretation) of—

(a) the Pipe-lines (Inquiries Procedure) Rules 1995 ; and

(b) the Electricity Generating Stations and Overhead Lines (Inquiries Procedure) (England and Wales) Rules 2007

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.

Section 3

In the Pipe-lines (Inquiries Procedure) Rules 1995, in rule 10(1)(e) (appearances at inquiry), for “or the Commission for the New Towns as its successor” substitute—

or, as its successor—

(i) in England, the Homes and Communities Agency;

(ii) in Wales, the Welsh new towns residuary body.

Section 4

In the Electricity Generating Stations and Overhead Lines (Inquiries Procedure) (England and Wales) Rules 2007, in rule 15(1)(d) (appearances at inquiry) for “, the Commission for the New Towns”, substitute “in England, the Homes and Communities Agency or in Wales, the Welsh new towns residuary body”.

Section 5

Nothing in this Schedule affects the validity of anything done (or having effect as if done) before the commencement date by or in relation to the CNT as a person entitled to appear at an inquiry under any Rules amended by this Schedule.

Section 6

Anything which, immediately before the commencement date, is in the process of being done by or in relation to the CNT as a person entitled to appear at an inquiry under any Rules amended by this Schedule, may be continued by or in relation to the HCA or (as the case may be) the Welsh new towns residuary body.