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Housing and Regeneration Bill


Housing and Regeneration Bill
Part 4 — Supplementary and final provisions

133

 

306     

Financial provisions

(1)   

There is to be paid out of money provided by Parliament—

(a)   

any expenditure incurred by a Minister of the Crown by virtue of this

Act, and

(b)   

any increase attributable to this Act in the sums payable by virtue of

5

any other Act out of money so provided.

(2)   

There is to be paid into the Consolidated Fund any sums received by a Minister

of the Crown by virtue of this Act (apart from any sums required to be paid into

the National Loans Fund).

307     

Extent

10

(1)   

Subject as follows, this Act extends to England and Wales only.

(2)   

Any amendment, repeal or revocation made by this Act (other than the repeal

in section 5 of the Mobile Homes Act 1983 (c. 34)) has the same extent as the

provision to which it relates.

(3)   

Any amendment, repeal, revocation or other modification made by virtue of an

15

order under section 304 has the same extent as the provision to which it relates

unless the order provides otherwise.

308     

Commencement

(1)   

Subject as follows, this Act comes into force on such day as the Secretary of

State may by order appoint; and different days may be appointed for different

20

purposes or different areas.

(2)   

The following provisions—

(a)   

sections 280, 288 to 291, 294, 296, 297 and 302 and Schedule 9, and

(b)   

section 304(1), and Schedule 11, so far as relating to the repeals in

sections 125D(2) and 136(2) of, and paragraph 13(5) of Schedule 5 to, the

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Housing Act 1985 (c. 68),

   

come into force at the end of the period of 2 months beginning with the day on

which this Act is passed.

(3)   

Subsection (4) applies to the following provisions—

(a)   

Chapter 1 of Part 3 (including Schedule 8),

30

(b)   

sections 281, 282, 285 to 287, 292, 293, 298 and 301, and

(c)   

section 304(1), and Schedule 11, so far as relating to repeals which are

connected to the provisions mentioned in paragraph (b) above.

(4)   

The provisions to which this subsection applies come into force—

(a)   

in relation to England, on such day as the Secretary of State may by

35

order appoint; and different days may be appointed for different

purposes or different areas, and

(b)   

in relation to Wales, on such day as the Welsh Ministers may by order

appoint; and different days may be appointed for different purposes or

different areas.

40

(5)   

Sections 283 and 284 come into force—

(a)   

in relation to England, at the end of the period of 2 months beginning

with the day on which this Act is passed, and

 
 

Housing and Regeneration Bill
Part 4 — Supplementary and final provisions

134

 

(b)   

in relation to Wales, on such day as the Welsh Ministers may by order

appoint; and different days may be appointed for different purposes or

different areas.

(6)   

The Secretary of State must consult the Welsh Ministers before making an

order under subsection (1) in relation to section 52(2) and Schedule 5.

5

(7)   

Subsection (1) does not apply to sections 303, 304(2) to (4), 305, 306 and 307, this

section and section 309.

309     

Short title

This Act may be cited as the Housing and Regeneration Act 2008.

 
 

Housing and Regeneration Bill
Schedule 1 — The Homes and Communities Agency

135

 

Schedules

Schedule 1

Section 1

 

The Homes and Communities Agency

Membership

1     (1)  

The HCA is to consist of such number of members (being not less than six)

5

as the Secretary of State may from time to time appoint.

      (2)  

The Secretary of State must appoint one of the members as the person with

the function of chairing the HCA.

      (3)  

In appointing a person to be a member, the Secretary of State—

(a)   

must have regard to the desirability of appointing a person who has

10

experience of, and has shown some capacity in, a matter relevant to

the exercise of the functions of the HCA, and

(b)   

must be satisfied that the person will have no financial or other

interest likely to affect prejudicially the exercise of the person’s

functions as a member.

15

      (4)  

The Secretary of State may require any person whom the Secretary of State

proposes to appoint as a member to provide such information as the

Secretary of State considers necessary for the purposes of sub-paragraph

(3)(b).

Terms of appointment of members

20

2     (1)  

Subject as follows, a member of the HCA holds and vacates office in

accordance with the member’s terms of appointment.

      (2)  

A member may resign by serving notice on the Secretary of State.

      (3)  

A person ceases to have the function of chairing the HCA if the person—

(a)   

resigns from exercising that function by serving notice on the

25

Secretary of State, or

(b)   

ceases to be a member.

      (4)  

A person who—

(a)   

ceases to be a member, or

(b)   

ceases to have the function of chairing the HCA,

30

           

is eligible for reappointment.

      (5)  

The Secretary of State may remove a member who—

(a)   

has been absent from meetings of the HCA for a period of more than

6 months without the permission of the HCA,

 

 

Housing and Regeneration Bill
Schedule 1 — The Homes and Communities Agency

136

 

(b)   

has become bankrupt or has made an arrangement with the

member’s creditors, or

(c)   

in the opinion of the Secretary of State, has failed to comply with the

member’s terms of appointment or is otherwise unable, unfit or

unsuitable to exercise the member’s functions as a member.

5

Remuneration etc: members

3     (1)  

The HCA may pay to its members such remuneration and such allowances

as the Secretary of State may decide.

      (2)  

The HCA may—

(a)   

pay such pensions, allowances or gratuities as the Secretary of State

10

may decide to or in respect of any member or former member, or

(b)   

pay such sums as the Secretary of State may decide towards the

provision for the payment of pensions, allowances or gratuities to or

in respect of any member or former member.

      (3)  

Sub-paragraph (4) applies if—

15

(a)   

a person ceases to be a member of the HCA, and

(b)   

the Secretary of State considers that there are special circumstances

which make it appropriate for the person to receive compensation.

      (4)  

The Secretary of State may require the HCA to pay the person such amount

as the Secretary of State may decide.

20

Staff

4     (1)  

The HCA must appoint a person to be chief executive but may only appoint

a person who has been approved by the Secretary of State.

      (2)  

The chief executive is a member of staff of the HCA.

      (3)  

The HCA may appoint such number of other staff as the Secretary of State

25

may approve.

      (4)  

The staff’s terms and conditions of service are to be decided by the HCA

with the approval of the Secretary of State.

      (5)  

The HCA may pay to its staff such remuneration and such allowances as it

may, with the approval of the Secretary of State, decide.

30

      (6)  

The HCA may—

(a)   

pay such pensions, allowances or gratuities to or in respect of any

member of staff or former member of staff, or

(b)   

pay such sums towards the provision for the payment of pensions,

allowances or gratuities to or in respect of any member of staff or

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former member of staff,

           

as it may, with the approval of the Secretary of State, decide.

Financial provision

5          

The Secretary of State may make payments to the HCA.

 
 

Housing and Regeneration Bill
Schedule 1 — The Homes and Communities Agency

137

 

Committees

6     (1)  

The HCA may establish one or more committees.

      (2)  

A committee may establish one or more sub-committees.

      (3)  

A member, or member of staff, of the HCA may be a member of a committee

or sub-committee.

5

      (4)  

Other persons may be members of committees or sub-committees but only

with the approval, in each case, of the Secretary of State.

      (5)  

No committee or sub-committee may consist exclusively of other persons.

      (6)  

The members of a sub-committee of a committee may include persons who

are not members of the committee.

10

      (7)  

The HCA may pay such remuneration and such allowances as the Secretary

of State may decide to any person who—

(a)   

is a member of a committee or sub-committee, but

(b)   

is neither a member nor member of staff of the HCA.

      (8)  

The HCA may dissolve a committee or sub-committee.

15

Procedure and members’ interests

7     (1)  

The HCA may, subject to any directions given by the Secretary of State,

decide—

(a)   

its own procedure, and

(b)   

the procedure of any of its committees or sub-committees.

20

      (2)  

Subject to this, a committee may decide the procedure of any of its sub-

committees.

      (3)  

Subject as above, a committee or sub-committee may decide its own

procedure.

      (4)  

In this paragraph “procedure” includes quorum.

25

8          

The validity of proceedings of the HCA, or of any of its committees or sub-

committees, is not affected by—

(a)   

any vacancy,

(b)   

any defective appointment, or

(c)   

any contravention of—

30

(i)   

directions given as mentioned in paragraph 7(1), or

(ii)   

paragraph 9.

9     (1)  

A member of the HCA who is directly or indirectly interested in any matter

arising at a meeting of the HCA must disclose the nature of that interest to

the meeting.

35

      (2)  

A member of a committee or sub-committee of the HCA who is directly or

indirectly interested in any matter arising at a meeting of the committee or

sub-committee must disclose the nature of that interest to the meeting.

      (3)  

In the case of a matter disclosed under this paragraph by a member of the

HCA or of a committee or sub-committee, the member—

40

 
 

Housing and Regeneration Bill
Schedule 1 — The Homes and Communities Agency

138

 

(a)   

must not take part in any deliberation or decision about the matter if

it is a contract or agreement of any description, but

(b)   

may otherwise take part in any deliberation or decision about the

matter unless at least one-third of the other members at the meeting

decide that the interest disclosed might prejudicially affect the

5

member’s consideration of the matter.

Delegation

10         

The HCA may delegate any of its functions to any of its members,

committees, sub-committees or staff.

Reports, accounts etc.

10

11    (1)  

For each financial year, the HCA must—

(a)   

prepare an annual report on how it has exercised its functions during

the year, and

(b)   

send a copy of the report to the Secretary of State within such period

as the Secretary of State may direct.

15

      (2)  

The Secretary of State must lay before Parliament a copy of each report

received under sub-paragraph (1).

12    (1)  

The HCA must keep proper accounts and proper records in relation to the

accounts.

      (2)  

For each financial year, the HCA must—

20

(a)   

prepare a statement of accounts in respect of that financial year, and

(b)   

send copies of the statement to the Secretary of State and the

Comptroller and Auditor General within such period as the

Secretary of State may direct.

      (3)  

The statement must be in such form as the Secretary of State may direct.

25

      (4)  

The Comptroller and Auditor General must—

(a)   

examine, certify and report on the statement, and

(b)   

send a copy of the certified statement and of the report to the

Secretary of State as soon as possible.

      (5)  

The Secretary of State must lay before Parliament a copy of each statement

30

and report received under sub-paragraph (4).

13    (1)  

The HCA must provide the Secretary of State with such information as the

Secretary of State may require relating to the HCA’s property or to the

exercise or proposed exercise of its functions.

      (2)  

The HCA must—

35

(a)   

permit any person authorised by the Secretary of State to inspect and

make copies of any accounts or other documents of the HCA, and

(b)   

provide such explanation of them as that person or the Secretary of

State may require.

Supplementary and transitional provisions

40

14    (1)  

The application of the seal of the HCA must be authenticated by the

signature of—

 
 

Housing and Regeneration Bill
Schedule 2 — Acquisition of land
Part 1 — Compulsory acquisition of land

139

 

(a)   

a member of the HCA who is authorised (generally or specifically)

for that purpose, or

(b)   

a member of staff of the HCA who is so authorised.

      (2)  

A document purporting to be duly executed under the seal of the HCA, or

signed on its behalf, is to be received in evidence and, unless the contrary is

5

proved, is to be treated as so executed or signed.

15         

The HCA is not to be regarded—

(a)   

as a servant or agent of the Crown, or

(b)   

as enjoying any status, immunity or privilege of the Crown,

           

and its property is not to be regarded as property of, or held for or on behalf

10

of, the Crown.

16         

The HCA is a public body for the purposes of the Prevention of Corruption

Acts 1889 to 1916.

17         

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

(a)   

appoint the first chief executive, and

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(b)   

determine the terms and conditions of service as a member of staff of

the HCA which are applicable to the first chief executive on

appointment.

Schedule 2

Section 9(6)

 

Acquisition of land

20

Part 1

Compulsory acquisition of land

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

1     (1)  

The Acquisition of Land Act 1981 applies to the compulsory acquisition of

land under section 9 with the following modification.

25

      (2)  

The reference in section 17(3) of that Act (local authority and statutory

undertakers’ land) to statutory undertakers includes a reference to the HCA.

2     (1)  

Schedule 3 to the Act of 1981 applies to the compulsory acquisition of new

rights under section 9 with the following modification.

      (2)  

The reference in paragraph 4(3) of that Schedule to statutory undertakers

30

includes a reference to the HCA.

Extinguishment of private rights of way etc.

3     (1)  

Sub-paragraph (2) applies where the HCA completes the compulsory

acquisition of land under this Part of this Act.

      (2)  

On completion of the acquisition—

35

(a)   

all private rights of way on, under or over the land are extinguished,

(b)   

all rights of laying down, erecting, continuing or maintaining any

apparatus on, under or over the land are extinguished, and

 
 

 
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