Housing and Regeneration Bill
EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Department for Communities and
Local Government, are published separately as HL Bill 47—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Baroness Andrews has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:
In my view the provisions of the Housing and Regeneration Bill are compatible with
the Convention rights.
Contents
Part 1
The Homes and Communities Agency
Chapter 1
General
1
Establishment and constitution
2
Objects
3
Principal powers
4
Powers: general
Chapter 2
Land and infrastructure
5
Powers to provide housing or other land
6
Powers for regeneration, development or effective use of land
7
Powers in relation to infrastructure
Powers to deal with land etc.
8
9
Acquisition of land
10
Restrictions on disposal of land
Powers in relation to acquired land
11
Main powers in relation to acquired land
12
Powers in relation to, and for, statutory undertakers
Planning
13
Power of Secretary of State to make designation orders
14
The HCA as the local planning authority
HL Bill 47
54/3
ii
15
Adoption of private streets
16
Appeals against adoption of private streets
17
Traffic regulation orders for private streets
18
Regional planning
Other powers etc. in relation to land
19
Power to enter and survey land
20
Section 19: supplementary
21
Powers to connect private streets to highways
Chapter 3
Financial provision
Powers to give financial assistance
22
Financial assistance
Borrowing powers of the HCA
23
Powers to borrow
24
Loans by the Secretary of State
25
Guarantees by the Secretary of State
26
Financial limits
Other
27
Power to charge for certain activities
28
Directions as to surplus funds
29
Duty to act as agent in respect of regeneration and development
30
Duty to act as agent in respect of derelict land etc.
Chapter 4
Other functions of the HCA
31
Business
32
Powers to form companies etc.
33
Community services
Social housing
34
Duties in relation to low cost rental accommodation
35
Recovery etc. of social housing assistance
36
Section 35: interest and successors in title
37
Determinations under sections 35 and 36
38
Duty to give financial assistance in respect of certain disposals
39
Information in relation to social housing
40
Duty to co-operate with Regulator of Social Housing
iii
Information, education and guidance etc.
41
Information services
42
Advice, education and training
43
Guidance
Functions in relation to companies and other persons
44
Control of subsidiaries
45
Agency arrangements with UDCs
46
Acting with, or for, other persons: general
47
Support services
Chapter 5
Supplementary
Certain supervisory powers of the Secretary of State
48
Guidance by the Secretary of State
49
Directions by the Secretary of State
50
Consents of the Secretary of State
Abolition of existing bodies
51
Abolition of Urban Regeneration Agency
52
Abolition of the Commission for the New Towns
53
Property etc. transfers to the HCA and the Welsh Ministers
54
Role of the HCA in relation to former CNT functions
55
Interim arrangements
56
Validity of transactions
57
Notices
58
Consequential amendments: Part 1
59
Interpretation: Part 1
60
Index of defined expressions: Part 1
Part 2
Regulation of Social Housing
Introduction
Preliminary
61
Purpose
62
Structural overview
63
Restriction of “registered social landlord” system to Wales
iv
64
References to Welsh Ministers
65
References to National Assembly for Wales
66
Dissolution of Housing Corporation
67
Transfer schemes
68
69
Basic principle
70
Low cost rental
71
Low cost home ownership
72
Shared ownership low cost rental
73
Regulations
74
Leaving the social housing stock: sale
75
Leaving the social housing stock: expired lease
76
Leaving the social housing stock: disposal with consent
77
Leaving the social housing stock: regulator’s direction
78
Housing stock under Housing Act 1996
Other key concepts
79
Regulator of Social Housing
80
English bodies
81
Provider of social housing
The Social Housing Regulator
Constitution
82
Establishment
83
Membership
84
Tenure
85
Chief executive
86
Other staff
87
Consequential amendments
Proceedings
88
Fundamental objectives
89
Procedure
90
Conflict of interest
91
Committees
92
Delegation
93
Seal
94
Annual report
Powers
95
96
Studies
97
98
Evidence
v
99
Information, advice &c.
Money
100
Remuneration
101
Charging
102
Assistance by Secretary of State
103
Borrowing
104
Accounts
105
Financial year
Relationship with other bodies
106
Cooperation with the HCA
107
Direction to the HCA
Information
108
Collection
109
Section 108: supplemental
110
Disclosure
Registration
111
Overview
112
The register
Eligibility
113
Eligibility for registration
114
Local authority non-registrable bodies
115
Profit-making and non-profit organisations
116
Entry
117
Fees
118
De-registration: compulsory
119
De-registration: voluntary
120
Notice
121
Appeal
Registered providers
General provisions
122
Payments to members etc.
123
Disposal of property