Housing and Regeneration Bill

moved Amendments Nos. 97B to 97N: 97B: Schedule 8, page 188, line 36, at end insert— ““Land Compensation Act 1961 (c. 33) In section 23(3) of the Land Compensation Act 1961 (compensation where planning decision made after acquisition: exclusions) for paragraph (d) and the word ““or”” before it substitute ““or (d) under Part 1 of the Housing and Regeneration Act 2008 (acquisition by the Homes and Communities Agency).”” Public Health Act 1961 (c. 64) In Schedule 4 to the Public Health Act 1961 (attachment of street lighting equipment to certain buildings), in the first column of the Table, for the words from ““Commission”” to ““1959”” substitute ““Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 54(1)(a) to (d) of the Housing and Regeneration Act 2008””.”” 97C: Schedule 8, page 189, line 11, leave out ““entry for”” and insert ““entries for the Commission for the New Towns and”” 97D: Schedule 8, page 189, line 12, leave out ““Note relating to”” and insert ““Notes relating to the Commission for the New Towns and”” 97E: Schedule 8, page 189, line 12, at end insert— ““National Loans Act 1968 (c. 13) In Schedule 1 to the National Loans Act 1968 (Government lending and advances) in the entry relating to the New Towns Act 1981 (c. 64)— (a) in column 1 omit ““(5)(6)””, and (b) in column 2 omit ““and the Commission for the New Towns””. Land Compensation Act 1973 (c. 26) (1) Section 39 of the Land Compensation Act 1973 (duty to rehouse residential occupiers) is amended as follows. (2) In subsection (4)(d) for ““Commission for the New Towns”” substitute ““new towns residuary body””. (3) In subsection (8)— (a) in paragraph (a) for ““Commission for the New Towns”” substitute ““new towns residuary body””, and (b) in paragraph (c) for ““Commission for the New Towns, the Commission”” substitute ““new towns residuary body, that body””. (4) In subsection (9)— (a) after ““section”” insert ““— (a) ””, and (b) at the end insert— ““(b) ““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 54(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.”””” 97F: Schedule 8, page 189, line 36, at end insert— ““Northern Ireland Assembly Disqualification Act 1975 (c. 25) (1) Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) is amended as follows. (2) Insert at the appropriate place— ““The Homes and Communities Agency.”” (3) Omit the entry relating to the Urban Regeneration Agency.”” 97G: Schedule 8, page 190, line 3, at end insert— ““Rent (Agriculture) Act 1976 (c. 80) (1) Section 5 of the Rent (Agriculture) Act 1976 (no statutory tenancy where landlord’s interest belongs to certain bodies) is amended as follows. (2) In subsection (3)(c) for ““Commission for the New Towns”” substitute ““English new towns residuary body””. (3) After subsection (3) insert— ““(3A) In subsection (3)(c) above ““English new towns residuary body”” means 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 54(1)(a) to (d) of the Housing and Regeneration Act 2008.”” Rent Act 1977 (c. 42) (1) Section 14 of the Rent Act 1977 (landlord’s interest belonging to local authority, etc.) is amended as follows. (2) At the beginning insert ““(1)””. (3) In paragraph (d) for ““Commission for the New Towns”” substitute ““English new towns residuary body””. (4) At the end insert— ““(2) In subsection (1)(d) ““English new towns residuary body”” means 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 54(1)(a) to (d) of the Housing and Regeneration Act 2008.”” Protection from Eviction Act 1977 (c. 43) (1) Section 3A of the Protection from Eviction Act 1977 (excluded tenancies and licences) is amended as follows. (2) In subsection (8)(c) for ““Commission for the New Towns”” substitute ““new towns residuary body””. (3) After subsection (8) insert— ““(8A) In subsection (8)(c) above ““new towns residuary body”” means— (a) 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 54(1)(a) to (d) of the Housing and Regeneration Act 2008; and (b) in relation to Wales, 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.”” Local Government, Planning and Land Act 1980 (c. 65) The Local Government, Planning and Land Act 1980 is amended as follows. In section 4(4) (power to direct bodies to publish information) omit paragraph(b). In section 93 (public bodies to whom Part 10 applies) after subsection (1) insert— ““(1A) Sections 95 to 96A also apply to the Homes and Communities Agency so far as it is exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 54(1)(a) to (d) of the Housing and Regeneration Act 2008 (and references to a body to which this Part of this Act applies in those sections are to be read accordingly).”” In section 99(4)(e) (directions to dispose of land: supplementary) omit ““the Commission for the New Towns,””. In section 165A(2) (transfer by order of property etc. of urban development corporations to the Secretary of State etc.)— (a) in paragraph (a) for the words from ““177”” to ““Agency)”” substitute ““45 of the Housing and Regeneration Act 2008 (agency arrangements with urban development corporations)””, and (b) in paragraph (b) for ““subsection (2)”” substitute ““subsections (5) and (6)””. In section 165B(2) (transfer by order of property etc. of urban development corporations to statutory bodies)— (a) in paragraph (a) for the words from ““177”” to ““Agency)”” substitute ““45 of the Housing and Regeneration Act 2008 (agency arrangements with urban development corporations)””, and (b) in paragraph (b) for ““subsection (2)”” substitute ““subsections (5) and (6)””. In Schedule 16 (bodies to whom Part 10 applies) omit paragraph 6. Highways Act 1980 (c. 66) (1) Section 219 of the Highways Act 1980 (payments to be made by owners of new buildings in respect of street works) is amended as follows. (2) In subsection (4)(i)(iii), for ““Commission for the New Towns”” substitute ““new towns residuary body””. (3) After subsection (4A) insert— ““(4B) In subsection (4)(i)(iii) ““new towns residuary body”” means— (a) 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 54(1)(a) to (d) of the Housing and Regeneration Act 2008; and (b) 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.”” Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66) (1) The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as follows. (2) In section 15 (application of Act to orders under section 161(1) of the Leasehold Reform, Housing and Urban Development Act 1993) omit the words from ““or under subsection (1)”” to ““similar provision)””. (3) In Schedule 2 (modifications of Act in certain cases)— (a) in paragraph 1 omit the words from ““or under subsection (1)”” to ““contains similar provision)””, and (b) in paragraph 3 for ““the housing action trust or the Urban Regeneration Agency (as the case may be)”” substitute ““or the housing action trust (as the case may be)””. Local Government (Miscellaneous Provisions) Act 1982 (c. 30) (1) Paragraph 2 of Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 (street trading) is amended as follows. (2) In sub-paragraph (5)(b) for ““Commission for the New Towns”” substitute ““new towns residuary body””. (3) After sub-paragraph (5) insert— ““(5A) In sub-paragraph (5)(b) above ““new towns residuary body”” means— (a) 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 54(1)(a) to (d) of the Housing and Regeneration Act 2008; and (b) 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.”” Landlord and Tenant Act 1985 (c. 70) In section 38 (minor definitions) of the Landlord and Tenant Act 1985, in the definition of ““new town corporation””, for paragraph (b) (and the word ““or”” immediately before it) substitute— ““(b) 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 54(1)(a) to (d) of the Housing and Regeneration Act 2008, or (c) 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;””. Income and Corporation Taxes Act 1988 (c. 1) In section 376(4) of the Income and Corporation Taxes Act 1988 (qualifying borrowers and qualifying lenders) for paragraph (j) substitute— ““(j) the Homes and Communities Agency;””. Local Government Act 1988 (c. 9) In Schedule 2 to the Local Government Act 1988 (public supply or works contracts: public authorities) for ““The Commission for the New Towns.”” substitute— ““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 54(1)(a) to (d) of the Housing and Regeneration Act 2008.”” Housing Act 1988 (c. 50) The Housing Act 1988 is amended as follows. In the italic heading before section 50 omit ““: functions of Relevant Authority””. Omit sections 50 (housing association grants) and 51 (revenue deficit grants). (1) Section 52 (recovery etc. of grants) is amended as follows. (2) For ““Relevant Authority””, wherever it appears, substitute ““appropriate authority””. (3) In subsections (1) and (5)(b) for ““housing association which is a registered social landlord”” substitute ““relevant housing association””. (4) After subsection (9) insert— ““(9A) In this section and sections 53 and 54— ““the appropriate authority””— (a) in relation to an English relevant housing association, means the Homes and Communities Agency, and (b) in relation to a Welsh relevant housing association, means the Welsh Ministers, ““relevant housing association”” means— (a) a housing association which is a registered provider of social housing (““an English relevant housing association””), and (b) a housing association which is a registered social landlord (““a Welsh relevant housing association””). (9B) In this section a reference to registration as a provider of social housing, so far as the context permits, is to be construed as including, in relation to times, circumstances and purposes before the commencement of section 112 of the Housing and Regeneration Act 2008, a reference to registration under— (a) Part 1 of the Housing Act 1996, (b) Part 1 of the 1985 Act, or (c) any corresponding earlier enactment.”” (1) Section 53 (determinations under Part 2) is amended as follows. (2) In subsection (2) for ““Housing Corporation”” substitute ““Homes and Communities Agency””. (3) In subsection (3) for ““Relevant Authority””, in both places where it appears, substitute ““appropriate authority””. (4) In subsection (4) for ““any provision of sections 50 to”” substitute ““section””. In section 54(2)(a) (tax relief grants) for ““a registered social landlord”” substitute ““a relevant housing association””. In section 59(1A) (interpretation of Part 2 etc.) for ““50”” substitute ““52””. Local Government and Housing Act 1989 (c. 42) In section 172(8) of the Local Government and Housing Act 1989 (transfers of new town housing stock) in the definition of ““new town corporation”” omit ““the Commission for the New Towns or””.”” 97H: Schedule 8, page 190, line 15, at end insert— ““Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) In Schedule 4 to the Planning (Listed Buildings and Conservation Areas) Act 1990 (further provisions as to exercise of functions by different authorities), in paragraph 2, for ““and housing action areas”” substitute ““, housing action areas and areas for which the Homes and Communities Agency is the local planning authority””.”” 97J: Schedule 8, page 190, line 17, leave out paragraph 7 and insert— ““In section 3 of the Planning (Hazardous Substances) Act 1990 (hazardous substances authorities: special cases) for subsection (5A) substitute— ““(5A) The power to make a designation order under section 13 of the Housing and Regeneration Act 2008 which contains provision of the kind mentioned in section 14(3) of that Act does not extend to providing for the Homes and Communities Agency to be the hazardous substances authority (whether instead of, or concurrently with, a county council) in relation to land to which subsection (1) above applies. (5B) Subject to this, section 1 and this section are subject to any provision made by such an order.”””” 97K: Schedule 8, page 190, line 19, at end insert— ““Water Industry Act 1991 (c. 56) The Water Industry Act 1991 is amended as follows. In section 41(2)(d)(i) (power to require the provision of a water main) for ““Commission for the New Towns”” substitute ““new towns residuary body””. In section 97(5) (performance of sewerage undertaker’s functions by local authorities etc.)— (a) in the definition of ““relevant area”” for paragraph (b) substitute— ““(b) in relation to the English new towns residuary body, means any new town in England; (ba) in relation to the Welsh new towns residuary body, means any new town in Wales;””, and (b) in the definition of ““relevant authority”” in paragraph (b) for ““Commission for the New Towns”” substitute ““new towns residuary body””. In section 98 (power to require the provision of a public sewer etc.)— (a) in subsection (2)(d)(i) for ““Commission for the New Towns”” substitute ““new towns residuary body””, and (b) in subsection (2A)(d)(i) for ““Commission for the New Towns”” substitute ““new towns residuary body””. In section 219(1) (general interpretation) after the definition of ““navigation authority”” insert— ““““new towns residuary body”” means— (a) in relation to a new town in 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 54(1)(a) or (b) of the Housing and Regeneration Act 2008 (and references to the ““English new towns residuary body”” are to be read accordingly); and (b) in relation to a new town in 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) or (ii) of the New Towns Act 1981 (and references to the ““Welsh new towns residuary body”” are to be read accordingly);””. Water Resources Act 1991 (c. 57) (1) Section 72 of the Water Resources Act 1991 (interpretation of Chapter 2 of Part 2) is amended as follows. (2) In subsection (2)(a)(iii) for ““Commission for the New Towns”” substitute ““new towns residuary body””. (3) After subsection (2) insert— ““(2A) In subsection (2)(a)(iii) ““new towns residuary body”” means— (a) 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 54(1)(a) to (d) of the Housing and Regeneration Act 2008; and (b) 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.”” Social Security Administration Act 1992 (c. 5) In section 191 (interpretation: general), in the definition of ““new town corporation””, for paragraph (a) (but not the ““and”” following it) substitute— ““(a) in relation to England— (i) a development corporation established under the New Towns Act 1981; or (ii) 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 54(1)(a) to (d) of the Housing and Regeneration Act 2008; (ab) in relation to Wales— (i) a development corporation established under the New Towns Act 1981; and (ii) 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 that Act;””.”” 97L: Schedule 8, page 190, line 27, at end insert— ““Finance Act 1996 (c. 8) (1) Section 43A of the Finance Act 1996 (landfill tax in relation to contaminated land) is amended as follows. (2) In subsection (5) omit paragraph (e). (3) In subsection (6) omit the definition of ““English Partnerships””. Housing Act 1996 (c. 52) (1) Section 28 of the Housing Act 1996 (grants under sections 50 to 54 of the Housing Act 1988) is amended as follows. (2) Omit subsections (1), (2) and (6). (3) In the heading for ““ss 50 to 54”” substitute ““Part 2””. Regional Development Agencies Act 1998 (c. 45) The Regional Development Agencies Act 1998 is amended as follows. Omit section 36 (transfer of property etc. of Urban Regeneration Agency) and the italic heading before it. Omit section 37 (powers in relation to the Urban Regeneration Agency). In section 38(10) (corporation tax)— (a) in the definition of ““qualifying transfer”” omit paragraph (b), and (b) in the definition of ““transfer scheme”” for ““any of sections 34 to 37”” substitute ““section 34 or 35””. In section 39(4)(b) (stamp duty) for ““any of sections 34 to 37 and”” substitute ““section 34 or 35 or””. Omit Schedule 9 (the Urban Regeneration Agency: transfer schemes).”” 97M: Schedule 8, page 191, line 32, at end insert— ““ (1) Section 408 (transfers of property, rights or liabilities) is amended as follows. (2) In subsection (3) omit paragraphs (h) and (i). (3) Omit subsection (6). In section 409 (transfer schemes) omit subsection (5).”” 97N: Schedule 8, page 191, line 40, at end insert— ““Finance Act 2003 (c. 14) The Finance Act 2003 is amended as follows. In section 71(4) (certain acquisitions by registered social landlord exempt from charge to stamp duty land tax) after paragraph (c) insert— ““(ca) under section 22 of the Housing and Regeneration Act 2008 (financial assistance by the Homes and Communities Agency),””. (1) Schedule 9 (stamp duty land tax: right to buy, shared ownership leases etc.) is amended as follows. (2) In paragraph 1(3) for ““Commission for the New Towns”” substitute ““English new towns residuary body””. (3) After paragraph 1(4) insert— ““(4A) In sub-paragraph (3) ““English new towns residuary body”” means 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 54(1)(a) to (d) of the Housing and Regeneration Act 2008.”” (4) In paragraph 5(2) for paragraph (e) substitute— ““(e) the English new towns residuary body (within the meaning given by paragraph 1(4A));””.”” On Question, amendments agreed to. [Amendment No. 97P not moved.] Schedule 8, as amended, agreed to. Clauses 59 to 61 agreed to.