DRAFT REGULATORY REFORM (HOUSING MANAGEMENT
AGREEMENTS) ORDER 2003|
On 4 November 2002, the Government laid before Parliament
a proposal for a draft Regulatory Reform (Housing Management Agreements)
Order 2003, together with a Statement by the Office of the Deputy
Prime Minister (ODPM).
We reported on the Government's proposal on 15 January 2003.
The purpose of the order is to enable local housing
authorities in England and Wales to contract out their housing
management functions in a way that does not require them to be
in a contractual relationship with those who will perform the
In our earlier Report, we made no recommendation
save that we suggested that new section 27(10) of the Housing
Act 1985 ("the 1985 Act") was unclear. The subsection,
as drafted in the proposal, allowed the Secretary of State/the
National Assembly for Wales to extend a moratorium period (during
which approval would not be required to a sub-agreement) if satisfied
that approval would not be given immediately after the period
to "any sub-agreement". We took the view that it was
not certain whether, where there was more than one sub-agreement
made in that period and approval would be given to one or more,
but not all, of the sub-agreements, it would be possible to extend
the period under section 27(10). The ODPM has amended the draft
order to make clear that the moratorium period can be extended
in this circumstance.
In addition, subsections (13) and (14) of new section
27 of the 1985 Act have been amended in the light of points raised
by the House of Commons Regulatory Reform Committee.
In our first Report on this proposal, we concluded
that it was appropriate to be made under the Regulatory Reform
Act 2001. We remain of this view, and therefore recommend that
the order, as it now stands, is in a form satisfactory to be submitted
to the House for affirmative resolution.
2 Available at http://www.cabinet-office.gov.uk/regulation/act/index.htm Back
8th Report, Session 2002-03, HL Paper 37. Back
5th Report, Session 2002-03, HC 328. Back