The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010

• Citation: S.I. 2010/866
• Sections: 157

Section 1 Citation and commencement

(1) This Order may be cited as the Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010.

(2) This Order comes into force on 1st April 2010.

Section 2 Interpretation

(1) In this Order—

“the 1996 Act ” means the Housing Act 1996 ;

“the 2008 Act ” means the Housing and Regeneration Act 2008;

“the 2008 Order ” means the Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 ; and

“the commencement date” means the day on which this Order comes into force.

(2) References in this Order to words in an enactment which are being amended or repealed by the Order are references to the words in the text of the enactment (and therefore do not describe any non-textual modification of that enactment made by the 2008 Order or any other provision).

(3) References in this Order to repeals include revocations.

Section 3 Extent

(1) Subject to paragraph (2), an amendment or repeal made by this Order has the same extent as the enactment to which it relates.

(2) The amendments and repeals in respect of the following enactments extend to England and Wales only—

(a) sections 2B, 69 and 69A and Part 3 of the Housing Associations Act 1985 ;

(b) paragraph 42 (and the italic heading before it) of Schedule 5 to the Housing and Planning Act 1986 ;

(c) section 57 of, and paragraphs 28, 29, 31(3) and 33 of Schedule 6 to, the Housing Act 1988 ;

(d) paragraphs 27(2) and (4), 28, 29, 31, 33, 35(3), 36, 37, 53(3), (4), and (5) and 66 of Schedule 16 to the Government of Wales Act 1998 ;

(e) paragraph 5(3) of Schedule 2 to the Public Audit (Wales) Act 2004 ;

(f) paragraphs 3 and 11 of Schedule 11 to the Housing Act 2004 ; and

(g) paragraph 23 of Schedule 8 and paragraph 1(2)(d) of Schedule 9 to the Local Government and Public Involvement in Health Act 2007 .

Section 4 Consequential amendments for Part 1 of the 2008 Act

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

Section 5 Consequential amendments for Part 2 of the 2008 Act

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

Section 6 Transitional and saving provisions

The amendments and repeals made by this Order have effect subject to the transitional and saving provisions in Schedule 3 to this Order

Section 7 Repeals

The enactments specified in Schedule 4 to this Order are repealed to the extent specified.

Section 1 Housing Act 1985

The Housing Act 1985 is amended as follows.

Section 2 Housing Act 1985

In section 151B (mortgage for securing redemption of landlord’s share: approved lending institutions) after subsection (5) insert—

(5A) In subsection (5) “the Relevant Authority” does not include the Regulator of Social Housing but does include the Homes and Communities Agency.

Section 3 Housing Act 1985

In section 156 (liability to repay discount on early disposal is a charge on the premises: approved lending institutions) after subsection (4) insert—

(4ZA) In subsection (4) “the Relevant Authority” does not include the Regulator of Social Housing but does include the Homes and Communities Agency.

Section 4 Housing Act 1985

In Schedule 5 (exceptions to right to buy) in paragraph 3 omit “or” after “social housing grants)”.

Section 5 Housing Associations Act 1985

Omit section 69A of the Housing Associations Act 1985 (land subject to housing management agreement).

Section 6 Housing Act 1996

The Housing Act 1996 is amended as follows.

Section 7 Housing Act 1996

In section 24(2) (the disposal proceeds fund)—

(a) in paragraph (a) after sub-paragraph (ii) insert—

or

(iii) in respect of which a grant was made under section 19 of the Housing and Regeneration Act 2008 in respect of discounts given by it on the disposal to the tenant;

(b) after paragraph (b) insert—

(ba) payments of grant received by it under section 19 of the Housing and Regeneration Act 2008 in respect of discounts given by it on disposals of dwellings to tenants;

(c) in paragraph (c) for “such grant” substitute “grant as mentioned in paragraph (b) or (ba)”.

Section 8 Housing Act 1996

In section 51(3)(a) (schemes for investigation of complaints) after “grant under—” insert—

section 19 of the Housing and Regeneration Act 2008 (financial assistance) where the grant was made on condition that the recipient provides social housing (and “provides social housing” has the same meaning as in Part 1 of that Act),

Section 9 Housing Act 1996

In Schedule 1 (registered social landlords: regulation) in paragraphs 5(2) and 28(2) after “provisions are—” insert—

section 19 of the Housing and Regeneration Act 2008 (financial assistance) but only in the case of a grant made on condition that the charity provides social housing (and “provides social housing” has the same meaning as in Part 1 of that Act),

Section 1 Industrial and Provident Societies Act 1965

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2 Leasehold Reform Act 1967

(1) Schedule 4A to the Leasehold Reform Act 1967 (shared ownership leases excluded from the Act) is amended as follows.

(2) In paragraph 2 (certain leases granted by certain public authorities)—

(a) in sub-paragraph (1) for “, to a registered social landlord” substitute “, to a relevant housing provider”,

(b) in sub-paragraph (3)(b) for “or to a registered social landlord” substitute “or to a relevant housing provider”, and

(c) for sub-paragraph (5) substitute—

(5) In this paragraph “relevant housing provider” means–

(a) in relation to a lease of social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, a private registered provider of social housing, or

(b) a registered social landlord within the meaning of Part 1 of the Housing Act 1996.

(3) In paragraph 4 (certain leases for the elderly)—

(a) in sub-paragraphs (1) and (2)(c) for “a registered social landlord”, wherever appearing, substitute “a relevant housing provider”, and

(b) in sub-paragraph (3) for the definition of “registered social landlord” substitute—

“relevant housing provider” means—

in relation to a lease of social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, a private registered provider of social housing, or

a registered social landlord within the meaning of Part 1 of the Housing Act 1996.

Section 3 Land Compensation Act 1973

The Land Compensation Act 1973 is amended as follows.

Section 4 Land Compensation Act 1973

In section 29(1)(d) (right to home loss payment where person displaced from dwelling) after “displacement is” insert “either a private registered provider of social housing or”.

Section 5 Land Compensation Act 1973

In section 32(7B) (supplementary provisions about home loss payments) for “Housing Corporation” substitute “Regulator of Social Housing”.

Section 6 Land Compensation Act 1973

In section 37(1)(d) (disturbance payments for persons without compensatable interests) after “displacement is” insert “either a private registered provider of social housing or”.

Section 7 Consumer Credit Act 1974

In section 16(6B)(a) of the Consumer Credit Act 1974 (exempt agreements) for “the Housing Corporation and” substitute “the Regulator of Social Housing and”.

Section 8 Rent (Agriculture) Act 1976

(1) Section 5 of the Rent (Agriculture) Act 1976 (no statutory tenancy where landlord’s interest belongs to certain bodies) is amended as follows.

(2) In subsection (3)(d) for “Housing Corporation” substitute “Regulator of Social Housing”.

(3) In subsection (4) before paragraph (a) insert—

(za) is a private registered provider of social housing,

Section 9 Rent Act 1977

The Rent Act 1977 is amended as follows.

Section 10 Rent Act 1977

(1) Section 15 (landlord’s interest belonging to housing association, etc ) is amended as follows.

(2) In subsection (2)(a) for “Housing Corporation” substitute “Regulator of Social Housing”.

(3) In subsection (3) before paragraph (a) insert—

(za) it is a private registered provider of social housing,

Section 11 Rent Act 1977

In section 86(2)(a) (tenancies to which Part VI applies) for “Housing Corporation” substitute “Regulator of Social Housing”.

Section 12 Rent Act 1977

In section 93(1) (increase of rent without notice to quit) for “Housing Corporation” substitute “Regulator of Social Housing”.

Section 13 Protection from Eviction Act 1977

In section 3A(8) of the Protection from Eviction Act 1977 (excluded tenancies and licences)—

(a) in paragraph (g) for “Housing Corporation” substitute “Regulator of Social Housing”, and

(b) in paragraph (h) after “charity” insert “, a private registered provider of social housing”.

Section 14 Criminal Law Act 1977

In section 12A(7) of the Criminal Law Act 1977 (protected intending occupiers: supplementary provisions)—

(a) in paragraph (b) for “Housing Corporation” substitute “Regulator of Social Housing”, and

(b) after that paragraph insert—

(ba) a non-profit registered provider of social housing;

(bb) a profit-making registered provider of social housing, but only in relation to premises which are social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008;

Section 15 Housing Act 1985

The Housing Act 1985 is amended as follows.

Section 16 Housing Act 1985

In section 5 (definition of “registered social landlord”) for subsection (4) substitute—

(4) In this Act “registered social landlord” means a housing association registered in the register maintained under section 1 of the Housing Act 1996, subject as follows.

Section 17 Housing Act 1985

In section 6A(1) and (4) (the Relevant Authority) for “Housing Corporation” substitute “Regulator of Social Housing”.

Section 18 Housing Act 1985

In section 45 (disposals in relation to which sections 46 to 51 apply, etc)—

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

(i) for “Housing Corporation” substitute “Regulator of Social Housing”, and

(ii) after “Scottish Homes,” insert—

a non-profit registered provider of social housing,

(b) after subsection (2A) insert—

(2B) In subsection (1)(a) “public sector authority” also includes a profit-making registered provider of social housing in respect of any house which, before the conveyance, was social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008.

Section 19 Housing Act 1985

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

(2) In subsection (1)—

(a) for “Housing Corporation” substitute “Regulator of Social Housing”, and

(b) for “housing association” substitute “housing association to which this section applies by virtue of subsection (2)”.

(3) In subsection (2)—

(a) in paragraph (a) for “registered social landlord other than” substitute—

a housing association which—

(i) is a private registered provider of social housing or a registered social landlord, but

(ii) is not

(b) in paragraph (b) for “not a registered social landlord” substitute “neither a private registered provider of social housing nor a registered social landlord”.

(4) In subsection (3)—

(a) after “housing association ceases to be” insert “a private registered provider of social housing or”, and

(b) for “a registered social landlord”, in the second place where it appears, substitute “such a body”.

(5) The amendments made by sub-paragraphs (2) and (3) have effect only so far as the words amended continue to have effect by virtue of section 35(5) of, and paragraph 4 of Schedule 18 to, the Housing Act 1988 .

Section 20 Housing Act 1985

(1) Section 82A (demotion because of anti-social behaviour) is amended as follows.

(2) After subsection (1)(b) insert—

(ba) a private registered provider of social housing;

(3) In subsection (8)(b) after “tenancy is” insert “a private registered provider of social housing or”.

Section 21 Housing Act 1985

In section 92(2A)(a) (assignments by way of exchange) for “either the Housing Corporation,” substitute “the Regulator of Social Housing, a private registered provider of social housing,”.

Section 22 Housing Act 1985

In section 105(6) (consultation on matters of housing management) after “which is” insert “a private registered provider of social housing or”.

Section 23 Housing Act 1985

In section 106(3) (information about housing allocation) after “which is” insert “a private registered provider of social housing or”.

Section 24 Housing Act 1985

In section 106A(3)(b) (consultation before disposal to private sector landlord) after “disposal to” insert “a private registered provider of social housing or”.

Section 25 Housing Act 1985

In section 114(1) (meaning of landlord authority) after the entry for local housing authorities insert—

a private registered provider of social housing other than a co-operative housing association,

Section 26 Housing Act 1985

In section 115(2)(a) (meaning of long tenancy) after “at the time of the grant is” insert “a private registered provider of social housing or”.

Section 27 Housing Act 1985

In section 171(2) (power to extend right to buy)—

(a) for “Housing Corporation” substitute “Regulator of Social Housing”, and

(b) after “Scottish Homes,” insert—

a non-profit registered provider of social housing

Section 28 Housing Act 1985

In section 185(2)(b) (meaning of “secure tenancy” and “secure tenant”) after “or was a” insert “private registered provider of social housing or”.

Section 29 Housing Act 1985

In section 240(5) (steps to be taken after declaration of housing action area) after “participation of” insert “private registered providers of social housing or (as the case may be)”.

Section 30 Housing Act 1985

In section 429A(2A) (housing management: financial assistance etc)—

(a) omit paragraph (a),

(b) in paragraph (d) for “registered social landlord” substitute “private registered provider of social housing, or a registered social landlord,”, and

(c) in paragraph (e) for “not a registered social landlord” substitute “neither a private registered provider of social housing nor a registered social landlord”.

Section 31 Housing Act 1985

In section 450A(6) (right to a loan to pay service charge after exercise of the right to buy) for the definition of “housing authority” and the “and” following it substitute—

“housing authority”—

does not include a private registered provider of social housing, or a registered social landlord, which is a co-operative housing association;

includes a co-operative housing association which is neither a private registered provider of social housing nor a registered social landlord; and

Section 32 Housing Act 1985

In section 450B(4) (power to make loans in other cases) for the definition of “housing authority” and the “and” following it substitute—

“housing authority”—

does not include a private registered provider of social housing, or a registered social landlord, which is a co-operative housing association;

includes a co-operative housing association which is neither a private registered provider of social housing nor a registered social landlord; and

Section 33 Housing Act 1985

(1) Section 458 (minor definitions) is amended as follows.

(2) In subsection (1) in the definition of “housing authority”—

(a) for “subject to subsection (2)” substitute “subject to subsections (1A) and (2) and sections 450A(6), 450B(4) and 450D(10)”, and

(b) after “Relevant Authority” insert “, a private registered provider of social housing”.

(3) After subsection (1) insert—

(1A) A profit-making registered provider of social housing is a housing authority for the purposes of this Part only in relation to social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008.

Section 34 Housing Act 1985

In section 548(1) (repurchase by authority other than local housing authority) before entry 1 in the table insert—