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The Housing and Regeneration Act 2008 (Consequential Provisions) (No. 2) Order 2008

S.I. 2008/2831 · Made 30 October 2008

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This Statutory Instrument has been printed in substitution of the SI of the same number and is being issued free of charge to all known recipients of that Statutory Instrument.

Housing, England And Wales

Made 30th October 2008

Laid before Parliament 3rd November 2008

Coming into force in accordance with article 1(2)

The Secretary of State, in exercise of the powers conferred by sections 320 and 321 of the Housing and Regeneration Act 2008f1, makes the following Order:

Annotations to the whole text

Footnotes

f1

2008 c.17.

Contents

  1. 1Citation, commencement and extent
  2. 2Interpretation
  3. 3Consequential amendments: Part 1 of the Housing and Regeneration Act 2008
  4. 4Consequential amendments: Part 2 of the Housing and Regeneration Act 2008
  5. 5Transitional and saving provisions
  6. 6Consequential amendments of inquiries procedure rules, and related saving and transitional provision
  7. Signature
  8. Schedule 1: Consequential amendments: Part 1 of the Housing and Regeneration Act 2008
  9. 1Rent Act 1977 (Forms etc) Regulations 1980
  10. 2Local Government Reorganisation (Preservation of Right to Buy) Order 1986
  11. 3Housing (Right to Buy) (Prescribed Forms) Regulations 1986
  12. 4Social Security (Claims and Payments) Regulations 1987
  13. 5Consumer Credit (Exempt Agreements) Order 1989
  14. 6Housing (Service Charge Loans) Regulations 1992
  15. 7Jobseeker’s Allowance Regulations 1996
  16. 8Social Landlords (Permissible Additional Purposes or Objects) Order 1996
  17. 9Social Landlords (Additional Purposes or Objects) Order 1999
  18. 10Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 1999
  19. 11Financial Services and Markets Act 2000 (Exemption) Order 2001
  20. 12Race Relations Act 1976 (Statutory Duties) Order 2001
  21. 13Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005
  22. 14Social Housing (Grants to Bodies other than Registered Social Landlords) (Additional Purposes) (England) Order 2006
  23. 15Sex Discrimination Act 1975 (Public Authorities) (Statutory Duties) Regulations 2006
  24. 16Transport and Works (Model Clauses for Railways and Tramways) Order 2006
  25. 17Official Statistics Order 2008
  26. Schedule 2: Consequential amendments: Part 2 of the Housing and Regeneration Act 2008
  27. 1Public Bodies’ Land (Appropriate Ministers) Order 1981
  28. 2Public Interest Disclosure (Prescribed Persons) Order 1999
  29. 3Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 1999
  30. 4Financial Services and Markets Act 2000 (Exemption) Order 2001
  31. 5Race Relations Act 1976 (Statutory Duties) Order 2001
  32. 6Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005
  33. 7Sex Discrimination Act 1975 (Public Authorities) (Statutory Duties) Regulations 2006
  34. 8Official Statistics Order 2008
  35. Schedule 3: Transitional and saving provisions
  36. 1General savings
  37. 2Functions transferred from the URA or CNT to the HCA or the Welsh Ministers
  38. 3Functions of the Housing Corporation transferred to the HCA, the Regulator of Social Housing or the Welsh Ministers
  39. 4Other provisions
  40. Schedule 4: Consequential amendment of inquiries procedure rules, and related saving and transitional provisions
  41. 1Paragraph 1
  42. 2Paragraph 2
  43. 3Paragraph 3
  44. 4Paragraph 4
  45. 5Paragraph 5
  46. 6Paragraph 6
  47. Explanatory note

1Citation, commencement and extent

(1)

This Order may be cited as the Housing and Regeneration Act 2008 (Consequential Provisions) (No. 2) Order 2008.

(2)

This Order comes into force on the day section 5 of the Housing and Regeneration Act 2008 comes into force (“the commencement date”).

(3)

This Order extends to England and Wales.

2Interpretation

In this Order—

  • “the CNT” means the Commission for the New Towns,

  • “the HCA” means the Homes and Communities Agency,

  • “the URA” means the Urban Regeneration Agency.

3Consequential amendments: Part 1 of the Housing and Regeneration Act 2008

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

4Consequential amendments: Part 2 of the Housing and Regeneration Act 2008

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

5Transitional and saving provisions

The amendments made by Schedules 1 and 2 to this Order have effect subject to the transitional and saving provisions in Schedule 3 to this Order.

6Consequential amendments of inquiries procedure rules, and related saving and transitional provision

The enactments specified in Schedule 4 to this Order have effect with the amendments specified and subject to the transitional and saving provisions in that Schedule.

Signature

Signed by authority of the Secretary of State for Communities and Local Government

Iain Wright

Parliamentary Under Secretary of State

Department for Communities and Local Government

30th October 2008

1Rent Act 1977 (Forms etc) Regulations 1980

In Schedule 1 to the Rent Act 1977 (Forms etc) Regulations 1977f1, in Forms 5, 6, 8, 9 and 9A, after “Housing Corporation,”, wherever appearing, insert “or the Homes and Communities Agency”.

2Local Government Reorganisation (Preservation of Right to Buy) Order 1986

In article 11(2)(b) of the Local Government Reorganisation (Preservation of Right to Buy) Order 1986f1 for “Housing Corporation” substitute “Homes and Communities Agency”.

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

In Schedule 1 to the Housing (Right to Buy) (Prescribed Forms) Regulations 1986f1, under the heading “What happens next?”, in the list of “Public Sector landlords”, for “Commission for the New Towns” substitute “Homes and Communities Agency”.

4Social Security (Claims and Payments) Regulations 1987

In paragraph 8 of Schedule 9A to the Social Security (Claims and Payments) Regulations 1987f1, after paragraph (a) insert—

“(aa)

the Homes and Communities Agency;”.

5Consumer Credit (Exempt Agreements) Order 1989

(1)

The Consumer Credit (Exempt Agreements) Order 1989f1 is amended as follows.

(2)

In Part II of Schedule 1, for the entries relating to the Commission for the New Towns and the Urban Regeneration Agency substitute—

“

Homes and Communities AgencyAgreements of a description falling within section 16(2) of the Act, being agreements made under the Agency’s powers to give financial assistance under section 19 of the Housing and Regeneration Act 2008.

”.

(3)

In Part II of Schedule 1, after the entry for “Southern Health and Social Services Board” insert—

“

Welsh MinistersAgreements of a description falling within section 16(2) of the Act, being agreements falling within article 2(2)(a) to (c) which are made pursuant to section 36 of the New Towns Act 1981 and which related to property of the Commission for the New Towns transferred to them under a scheme made under section 51(1) of the Housing and Regeneration Act 2008.

”.f2

6Housing (Service Charge Loans) Regulations 1992

(1)

The Housing (Service Charge Loans) Regulations 1992f1 are amended as follows.

(2)

In regulation 1(2), in the definition of “lender”, for “the Corporation” substitute “the Homes and Communities Agency or the Welsh Ministers, as the case may be”.

(3)

In regulation 2(2), for “the Corporation” substitute “the Homes and Communities Agency or the Welsh Ministers, as the case may be”.

(4)

In regulation 5(1) and 5(2), for “the Corporation” substitute “the Welsh Ministers”.

7Jobseeker’s Allowance Regulations 1996

(1)

The Jobseeker’s Allowance Regulations 1996f1 are amended as follows.

(2)

In regulation 19(1)(r)(iii), for “Urban Regeneration Agency” substitute “Homes and Communities Agency”.

(3)

In regulation 19(3) omit the definition of “Urban Regeneration Agency”.

8Social Landlords (Permissible Additional Purposes or Objects) Order 1996

In article 2(1) of the Social Landlords (Permissible Additional Purposes or Objects) Order 1996f1, in the definition of “qualifying lending institution”, after “Housing Corporation;” insert—

“(aa)

the Homes and Communities Agency;”.

9Social Landlords (Additional Purposes or Objects) Order 1999

In article 3(3) of the Social Landlords (Additional Purposes or Objects) Order 1999f1, in the definition of “qualifying lending institution”, after “Housing Corporation;” insert—

“(aa)

the Homes and Communities Agency;”.

10Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 1999

In paragraph 13 of section 2 of Schedule 1 to the Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 1999f1, for “The Commission for the New Towns” substitute “The Homes and Communities Agency”.

11Financial Services and Markets Act 2000 (Exemption) Order 2001

In the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001f1, after paragraph 48(2)(c) insert—

“(ca)

the Homes and Communities Agency;”

12Race Relations Act 1976 (Statutory Duties) Order 2001

In Schedule 1 to the Race Relations Act 1976 (Statutory Duties) Order 2001f1, for “English Partnerships” substitute “The Homes and Communities Agency”.

13Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005

In Part 1 of Schedule 1 to the Disability Discrimination (Public Authorities) (Statutory Duties) Order 2001f1, for “English Partnerships” substitute “The Homes and Communities Agency”.

14Social Housing (Grants to Bodies other than Registered Social Landlords) (Additional Purposes) (England) Order 2006

In article 2 of the Social Housing (Grants to Bodies other than Registered Social Landlords) (Additional Purposes) (England) Order 2006f1, in the definition of “public sector housing”, for “the Housing Corporation” substitute “the Homes and Communities Agency”.

15Sex Discrimination Act 1975 (Public Authorities) (Statutory Duties) Regulations 2006

In the Schedule to the Sex Discrimination Act 1975 (Public Authorities) (Statutory Duties) Regulations 2006f1, for “English Partnerships” substitute “The Homes and Communities Agency”.

16Transport and Works (Model Clauses for Railways and Tramways) Order 2006

(1)

The Transport and Works (Model Clauses for Railways and Tramways) Order 2006f1 is amended as follows.

(2)

In Model Clause 14(8)(a) in Schedule 1, for “the Commission for the New Towns” substitute “the Homes and Communities Agency”.

(3)

In Model Clause 18(8)(a) in Schedule 2, for “the Commission for the New Towns” substitute “the Homes and Communities Agency”.

17Official Statistics Order 2008

In the Schedule to the Official Statistics Order 2008f1—

(a)

after the entry for the Higher Education Statistics Agency, insert “Homes and Communities Agency”; and

(b)

omit the entries for “Commission for the New Towns” and “Urban Regeneration Agency”.

1Public Bodies’ Land (Appropriate Ministers) Order 1981

In article 2 of the Public Bodies’ Land (Appropriate Ministers) Order 1981f1, for the entry relating to the Housing Corporation substitute, in the first column, the words “The Regulator of Social Housing”, and in the second column, the words “The Secretary of State for Communities and Local Government”.

2Public Interest Disclosure (Prescribed Persons) Order 1999

In the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 1999f1, for “Housing Corporation” substitute “Regulator of Social Housing”.

3Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 1999

In paragraph 17 of section 2 of Schedule 1 to the Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 1999f1, for “The Housing Corporation” substitute “The Regulator of Social Housing”.

4Financial Services and Markets Act 2000 (Exemption) Order 2001

In the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001f1, in paragraph 48(2), for “The Housing Corporation” substitute “The Regulator of Social Housing”.

5Race Relations Act 1976 (Statutory Duties) Order 2001

In Schedule 1 to the Race Relations Act 1976 (Statutory Duties) Order 2001f1, for “The Housing Corporation” substitute “The Regulator of Social Housing”.

6Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005

In Part 1 of Schedule 1 to the Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005f1, for “The Housing Corporation” substitute “The Regulator of Social Housing”.

7Sex Discrimination Act 1975 (Public Authorities) (Statutory Duties) Regulations 2006

In the Schedule to the Sex Discrimination Act 1975 (Public Authorities) (Statutory Duties) Regulations 2006f1, for “The Housing Corporation” substitute “The Regulator of Social Housing”.

8Official Statistics Order 2008

In the Schedule to the Official Statistics Order 2008f1, for “Housing Corporation” substitute “Regulator of Social Housing”.

1General savings

The amendments made by this Order do not affect the validity of anything done (or having effect as if done) by or in relation to the URA, the CNT or the Housing Corporation before the commencement date.

2Functions transferred from the URA or CNT to the HCA or the Welsh Ministers

(1)

Anything which, immediately before the commencement date, is in the process of being done by or in relation to the URA or CNT may, so far as it relates to any function transferred by virtue of this Order from the URA or CNT to the HCA or the Welsh Ministers, be continued, on and after that date, by or in relation to the HCA or (as the case may be) the Welsh Ministers.

(2)

Anything done (or having effect as if done) by or in relation to the URA or CNT for the purposes of or in connection with any function transferred by virtue of this Order from the URA or CNT to the HCA or the Welsh Ministers shall, if in force or effective immediately before the commencement date, have effect as if done by or in relation to the HCA or (as the case may be) the Welsh Ministers so far as that is required for continuing its effect on and after the commencement date.

(3)

Any enactment, instrument or other document passed or made before the commencement date shall have effect, so far as necessary for the purposes of or in consequence of sub-paragraph (1) or (2), as if references (however expressed) to the URA or CNT were references to the HCA or (as the case may be) the Welsh Ministers.

(4)

The references in sub-paragraphs (1) and (2) to things done include references to things omitted to be done.

(5)

The references in sub-paragraphs (1) to (3) to the HCA or the Welsh Ministers are to be read as including references to them acting in a particular capacity or in relation to particular matters.

3Functions of the Housing Corporation transferred to the HCA, the Regulator of Social Housing or the Welsh Ministers

(1)

Anything which, immediately before the commencement date, is in the process of being done by or in relation to the Housing Corporation may, so far as it relates to any function transferred by virtue of this Order from the Housing Corporation to the HCA, the Regulator of Social Housing or the Welsh Ministers, be continued, on and after that date, by or in relation to the HCA, the Regulator of Social Housing or the Welsh Ministers, as the case may be.

(2)

Anything done (or having effect as if done) by or in relation to the Housing Corporation for the purposes of or in connection with any function transferred by virtue of this Order from the Housing Corporation to the HCA, the Regulator of Social Housing or the Welsh Ministers shall, if in force or effective immediately before the commencement date, have effect as if done by or in relation to the HCA, the Regulator of Social Housing or the Welsh Ministers, as the case may be, so far as that is required for continuing its effect on and after the commencement date.

(3)

Any enactment, instrument or other document passed or made before the commencement date shall have effect, so far as necessary for the purposes of or in consequence of sub-paragraph (1) or (2), as if references (however expressed) to the Housing Corporation were references to the HCA, the Regulator of Social Housing or the Welsh Ministers, as the case may be.

(4)

The references in sub-paragraphs (1) and (2) to things done include references to things omitted to be done.

4Other provisions

(1)

The Housing (Service Charge Loans) Regulations 1992f1 shall, on and after the commencement date, apply in relation to any loan given by the Housing Corporation under regulation 5 of those Regulations before the commencement date as if the loan had been made by the HCA.

(2)

Anything done by the Housing Corporation in relation to such a loan shall, if in force or effective immediately before the commencement date, have effect as if done by the HCA so far as that is required for continuing its effect on and after the commencement date.

1

The Rules listed in the first column of the Table are amended by the substitution for “the Commission for the New Towns” of “the Homes and Communities Agency” in the provision specified in the corresponding entry in the second column.

Table

RulesProvision
The Town and Country Planning (Inquiries Procedure) (England) Rules 2000f1rule 11(1)(d) (appearances at inquiry)
The Town and Country Planning (Appeals) (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000f2rule 11(1)(d) (appearances at inquiry)
The Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2002f3rule 11(1)(d) (appearances at inquiry)
The Town and Country Planning (Enforcement) (Inquiries Procedure) (England) Rules 2002f4rule 13(1)(d) (appearances at inquiry)
The Town and Country Planning (Major Infrastructure Project Inquiries Procedure) (England) Rules 2005f5rule 15(1)(d) (appearances at inquiry)

2

At the end of rule 2(1) (interpretation) of—

(a)

the Pipe-lines (Inquiries Procedure) Rules 1995f1; and

(b)

the Electricity Generating Stations and Overhead Lines (Inquiries Procedure) (England and Wales) Rules 2007f2

insert—

  • ““Welsh new towns residuary body” means the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981.”f3.

3

In the Pipe-lines (Inquiries Procedure) Rules 1995, in rule 10(1)(e) (appearances at inquiry), for “or the Commission for the New Towns as its successor” substitute—

“or, as its successor—

(i)

in England, the Homes and Communities Agency;

(ii)

in Wales, the Welsh new towns residuary body.”.

4

In the Electricity Generating Stations and Overhead Lines (Inquiries Procedure) (England and Wales) Rules 2007, in rule 15(1)(d) (appearances at inquiry) for “, the Commission for the New Towns”, substitute “in England, the Homes and Communities Agency or in Wales, the Welsh new towns residuary body”.

5

Nothing in this Schedule affects the validity of anything done (or having effect as if done) before the commencement date by or in relation to the CNT as a person entitled to appear at an inquiry under any Rules amended by this Schedule.

6

Anything which, immediately before the commencement date, is in the process of being done by or in relation to the CNT as a person entitled to appear at an inquiry under any Rules amended by this Schedule, may be continued by or in relation to the HCA or (as the case may be) the Welsh new towns residuary body.

Explanatory note

(This note is not part of the Order)

This Order makes amendments to provisions in secondary legislation that make reference to the Urban Regeneration Agency, the Commission for the New Towns and the Housing Corporation. These amendments are in addition to those in the Housing and Regeneration Act 2008 itself and most are consequential on the coming into force of provisions of that Act relating to the establishment of the Homes and Communities Agency, in particular, in relation to functions of those bodies being transferred to the Agency. The remainder are consequential on the coming into force of provisions of that Act relating to the establishment of the Regulator of Social Housing.

The amendments are subject to transitional and saving provisions, the purpose of which is to ensure, as far as necessary, that anything done by the predecessor bodies is treated as done by the Homes and Communities Agency (or Welsh Ministers, as the case may be), and to ensure that anything being done by one of those bodies immediately before the commencement date may be continued by the Homes and Communities Agency (or Welsh Ministers, as the case may be).