The Localism Act 2011 (Housing and Regeneration Functions in Greater London) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2012

• Citation: S.I. 2012/702
• Sections: 15

Section 1 Citation and commencement

This Order may be cited as the Localism Act 2011 (Housing and Regeneration Functions in Greater London) (Consequential, Transitional and Saving Provisions) (No.2) Order 2012 and comes into force on 1st April 2012.

Section 2 Interpretation

In this Order—

“housing” has the same meaning as in section 333E of the Greater London Authority Act 1999 ;

“ the Agency ” means the Homes and Communities Agency;

“ the Authority ” means the Greater London Authority;

“the commencement date” means 1st April 2012.

Section 3 Consequential amendments: Part 8 of the Localism Act 2011

The amendments specified in Schedule 1 have effect.

Section 4 Transitional and saving provisions

The transitional and saving provisions in Schedule 2 have effect.

Section 1 Consumer Credit (Exempt Agreements) Order 1989

In Part II of Schedule 1 to the Consumer Credit (Exempt Agreements) Order 1989 (bodies whose agreements of the specified description are exempt agreements)—

(a) in the column headed “Bodies Corporate”, before the entry for Homes and Communities Agency, insert “The Greater London Authority”; and

(b) in the column headed “Description of Agreement and Enactments”, before the corresponding entry for the Homes and Communities Agency, insert “Agreements of a description falling within section 16(2) of the Act , being agreements made under the Authority’s power to give financial assistance under section 30 of the Greater London Authority Act 1999.”.

Section 2 Community Infrastructure Levy Regulations 2010

In regulation 53(3)(b) of the Community Infrastructure Levy Regulations 2010 (withdrawal of social housing relief), after the words “a local housing authority”, insert “, the Greater London Authority”.

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

In Schedule 1 to the Housing (Right to Buy) (Prescribed Forms) Regulations 1986 (Form RTB1), under the heading “any of the following bodies set up in consequence of the abolition of the Greater London Council and the metropolitan county councils” after “English Sports Council”, insert “The Greater London Authority”.

Section 4 Housing (Service Charge Loans) Regulations 1992

In the Housing (Service Charge Loans) Regulations 1992 —

(a) in regulation 1(2)(a) (citation, commencement and interpretation), after “the Homes and Communities Agency” insert “, the Greater London Authority”; and

(b) in regulation 2(2)(a) (the right to loan in certain cases after exercise of right to buy), after “the Homes and Communities Agency” insert “, the Greater London Authority”.

Section 5 Rent Act 1977 (Forms etc ) Regulations 1980

In Schedule 1 to the Rent Act 1977 (Forms etc) Regulations 1980 , in paragraph 3 of Form 5, before the reference to “or the Homes and Communities Agency”, insert “or the Greater London Authority,”.

Section 6 Social Security (Claims and Payments) Regulations 1987

In Schedule 9A to the Social Security (Claims and Payments) Regulations 1987 (deduction of mortgage interest from benefit), in paragraph 8, after the reference to “(aa) the Homes and Communities Agency”, insert “(aaa) the Greater London Authority;”.

Section 1 Provision for continuity in the exercise of functions

(1) This article is subject to paragraphs 2 to 5 of this Schedule.

(2) Anything which, before the commencement date, is in the process of being done by, on behalf of or in relation to the Agency in or in relation to Greater London may be continued, on and after that date, by or on behalf of or in relation to the Authority.

(3) Anything done (or having effect as if done) by or in relation to the Agency in or in relation to Greater London before the commencement date, has effect on and after that date as if done by or in relation to the Authority, so far as that is required for continuing its effect on and after that date.

(4) The reference in paragraphs (2) and (3) to anything done, or in the process of being done, by or in relation to the Agency includes without limitation any applications made or any authorisations or notices given, to, by or in relation to the Agency in or in relation to Greater London.

Section 2 Right to buy

Any notice served on the Agency under section 151B(3) or (4) of the Housing Act 1985 (mortgage for securing redemption of landlord’s share) before the commencement date in relation to housing in Greater London shall have effect on and after the commencement date as if it were served on the Authority.

Section 3 Right to buy

The Housing (Service Charge Loans) Regulations 1992 shall, on and after the commencement date, apply in relation to any loan which relates to housing in Greater London given by the Agency under regulation 5 of those Regulations before the commencement date as if the loan had been made by the Authority.

Section 4 Loan agreements

The provisions of the Consumer Credit (Exempt Agreements) Order 1989 shall, on and after the commencement date, continue to apply to any agreement made by the Agency before the commencement date which relates to housing in Greater London, as if the agreement had been made by the Authority.

Section 5 Determinations

Until such time as a new determination is made by the Authority, any determination made under section 32 of the Housing and Regeneration Act 2008 by the Agency before the commencement date continues to have effect in relation to housing in Greater London on and after that date.