The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008

This Order may be cited as the Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008.

Subject to paragraph (3), this Order comes into force on the day section 5 of the Housing and Regeneration Act 2008 comes into force (“the commencement date”).

The following provisions of this Order come into force on the day section 158 of the Leasehold Reform, Housing and Urban Development Act 1993^f1 is repealed (which is provided for in paragraph 63 of Schedule 8 to, and in Schedule 16 to, the Housing and Regeneration Act 2008)—

Subject to paragraph (2), this Order extends to England and Wales only.

In so far as it relates to section 16 of the Consumer Credit Act 1974^f1, this Order extends to England and Wales and to Northern Ireland.

References to the “Housing Corporation” —

In this article—

• “modified amendments” means the amendments which, by virtue of paragraph 4 of Schedule 1 to the Leasehold Reform, Housing and Urban Development Act 1993 (Commencement and Transitional Provisions No. 1) Order 1993 ^f1, did not have effect in relation to the operation of Part V of the Housing Act 1985 as applied by the Local Government Reorganisation (Preservation of Right to Buy) Order 1986^f2; and

• “modified enactments” means—

  1. (a)

     the Housing (Preservation of Right to Buy) Regulations 1993^f3, and

  2. (b)

     the Housing (Right to Acquire) Regulations 1997^f4.

Section 16 of the Consumer Credit Act 1974^f1 (exempt agreements) is amended as follows.

In subsection (6B)(a) after “and Wales,” insert “the Homes and Communities Agency, the Welsh new towns residuary body,”.

After subsection (6B) insert—

“(6BA)

In subsection (6B)(a) “the 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. ”^f2.

in paragraph (b) for “Commission for the New Towns” substitute “new towns residuary body”, and

after paragraph (f) insert—

“(g)

“new towns residuary body” means—

(i)

in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008; and

(ii)

in relation to Wales, 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.”.

Section 30 (application of provisions to new town corporations, etc.) is amended as follows.

In subsection (1) for “new town” substitute “development”.

After subsection (1) insert—

“(1A)

Section 25 also applies in relation to the new towns residuary body as it applies in relation to a local housing authority.”.

In the heading, for “new town” substitute “development”.

Section 45 (disposals to which sections 46 to 51 apply, etc.) is amended as follows.

In subsection (2) in the definition of “public sector authority”—

In subsection (2A) for the words from “Secretary of State” to “him (” substitute “Welsh Ministers if the freehold has been conveyed by them (or by the Assembly constituted by the Government for Wales Act 1998, the Secretary of State”.

omit “or”,

for “new town” substitute “development”, and

after “corporation,” insert—

“or

the Welsh Ministers”.

Section 80 (the landlord condition for secure tenancies) is amended as follows.

In subsection (1)—

Before subsection (3) insert—

“(2A)

A tenancy falls within this subsection if the interest of the landlord is transferred to—

(a)

the Homes and Communities Agency as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008, or

(b)

the Welsh Ministers as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981.

(2B)

A tenancy falls within this subsection if it is entered into pursuant to a contract under which the rights and liabilities of the prospective landlord are transferred to the Homes and Communities Agency or the Welsh Ministers as mentioned in subsection (2A)(a) or (b) (as the case may be).

(2C)

A tenancy falls within this subsection if it is granted by the Homes and Communities Agency or the Welsh Ministers to a person (alone or jointly with others) who, immediately before it was entered into, was a secure tenant of the Homes and Communities Agency or the Welsh Ministers (as the case may be).

(2D)

A tenancy falls within this subsection if—

(a)

it is granted by the Homes and Communities Agency or the Welsh Ministers to a person (alone or jointly with others),

(b)

before the grant of the tenancy, an order for possession of a dwelling-house let under a secure tenancy was made against the person (alone or jointly with others) and in favour of the Homes and Communities Agency or the Welsh Ministers (as the case may be) on the court being satisfied as mentioned in section 84(2)(b) or (c), and

(c)

the tenancy is of the premises which constitute the suitable accommodation as to which the court was so satisfied.

(2E)

A tenancy falls within this subsection if it is granted by the Homes and Communities Agency or the Welsh Ministers pursuant to an obligation under section 554(2A).”.

After subsection (4) insert—

“(5)

In this Act and in any provision made under this Act, or made by or under any other enactment, a reference to—

(a)

a person within section 80 or 80(1) of this Act, or

(b)

a person who satisfies the landlord condition under this section,

includes a reference to the Homes and Communities Agency or to the Welsh Ministers so far as acting in their capacity as landlord (or, in the case of disposals, former landlord) in respect of a tenancy which falls within subsections (2A) to (2E) above but, subject to this, does not include the Homes and Communities Agency or the Welsh Ministers.

(6)

Subsection (5)—

(a)

applies whether the person is described as an authority, body or landlord or in any other way and whether the reference is otherwise expressed in a different way, and

(b)

is subject to any provision to the contrary.”.

Section 421 (housing subsidy) is amended as follows.

In subsection (1) for “new town” substitute “development”.

In subsection (2) for “body’s” substitute “corporation’s”.

Section 423 (the base amount) is amended as follows.

In subsection (1) for “new town” substitute “development”.

In subsection (2) for “authority” substitute “corporation”.

for “new town” substitute “development”, and

for “body” substitute “corporation”.

for “new town” substitute “development”, and

in paragraph (a) for “body’s” substitute “corporation’s”.

Section 450B (power of Secretary of State etc. to make loans in other cases) is amended as follows.

In subsection (1)(a) after “housing authority”, where it first appears, insert “(other than the Homes and Communities Agency)”.

After subsection (5) insert—

“(6)

This section does not apply to a landlord which is a housing association falling within section 6A(4) (housing associations which are not Welsh or Scottish housing associations).”.

Schedule 2 (grounds for possession of dwelling-houses let under secure tenancies) is amended as follows.

In Part 1 in Ground 7, in paragraph (a), for “new town” substitute “development”.

In Part 3 in Ground 12, in paragraph (a), for “new town” substitute “development”.

Schedule 4 (qualifying period for right to buy and discount) is amended as follows.

In paragraph 7(1)—

After paragraph 7A insert—

“7B

The landlord condition shall be treated as having been satisfied in the case of a dwelling-house let under a tenancy falling within section 80(2A) to (2E) at any time if, at that time, the interest of the landlord belonged to—

(a)

the Homes and Communities Agency, or

(b)

the Welsh Ministers.”.

Section 35 (removal of special regimes for tenancies of housing associations etc) is amended as follows.

In subsection (2)(d) for “a new town” substitute “the Commission for the New Towns or a development”.

In subsection (4)—

Section 38 (transfer of existing tenancies from public to private sector) is amended as follows.

In subsection (3) for “(4A)” substitute “(4ZA), (4A), (4BA)”.

In subsection (4) for “a new town” substitute “the Commission for the New Towns or a development”.

After subsection (4) insert—

“(4ZA)

In relation to any time on or after the coming into force of this subsection, subsection (4) applies as if—

(a)

the references to the Commission for the New Towns were references to the new towns residuary body;

(b)

in the case of a disposal by the English new towns residuary body, the reference to section 37 of the New Towns Act 1981 were a reference to section 47 of the Housing and Regeneration Act 2008; and

(c)

in the case of a disposal by the Welsh new towns residuary body, the words “made pursuant to a direction under section 37 of the New Towns Act 1981” were omitted.”.

After subsection (4B) insert—

“(4BA)

The references in subsections (4A) and (4B) to a body which would have been specified in subsection (1) of section 80 of the Housing Act 1985 if the repeal of provisions of that section effected by this Act had not been made includes a reference to the new towns residuary body.”.

In subsection (5)(a)—

After subsection (5) insert—

“(5A)

In this section “new towns residuary body” means—

(a)

in relation to times before the coming into force of this subsection, the Commission for the New Towns; and

(b)

in relation to other times—

(i)

in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008 (and any reference to the English new towns residuary body shall be construed accordingly); and

(ii)

in relation to Wales, 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 (and any reference to the Welsh new towns residuary body shall be construed accordingly).”.

after the entry for “common parts application” insert—

“

development corporation

section 101

”, and

omit the entry for “new town corporation”.

after “In this Part—” insert—

• ““development corporation” has the same meaning as in the Housing Act 1985;”, and

omit the definition of “new town corporation”.

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

Anything done (or having effect as if done) by or in relation to the CNT for the purposes of or in connection with any function transferred by this Order from the CNT to the HCA or the Welsh Ministers shall, if in force or effective on 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.

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 any references (however expressed) to the CNT were references to the HCA or (as the case may be) the Welsh Ministers.

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

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.

Sub-paragraph (2) applies where, by virtue of this Order, functions cease to be exercisable by the CNT and are not transferred to any other person.

Any repeal made for this purpose by this Order of any reference (however expressed) to the CNT does not apply so far as the reference applies in relation to times, circumstances or purposes before the commencement date.

Anything which, on 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 article 7 of, or paragraph 21 of Schedule 1 to, this Order from the Housing Corporation to the HCA, be continued by or in relation to the HCA.

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 article 7 of, or paragraph 21 of Schedule 1 to, this Order from the Housing Corporation to the HCA shall, if in force or effective on the commencement date, have effect as if done by or in relation to the HCA so far as that is required for continuing its effect on and after the commencement date.

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 any references (however expressed) to the Housing Corporation were references to the HCA.

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

The amendments made by paragraphs 22 and 24 of Schedule 1 to this Order do not apply in relation to any loans which—

Section 450B of that Act (and any regulations made under it) continue to apply in relation to such loans without the amendments made by paragraphs 22 and 24 of Schedule 1 to this Order but as if references (however expressed) to the Housing Corporation were references to the HCA.

Paragraph 5 above applies to functions transferred by sub-paragraph (2) above as it applies to the functions transferred to the HCA as mentioned in sub-paragraphs (1) and (2) of paragraph 5.