Housing and Regeneration Bill

moved Amendment No. 15: 15: After Clause 113, insert the following new Clause— ““Registration of local authorities (1) The Secretary of State may by order— (a) repeal section 113, or (b) amend it so as to permit the registration of specified classes of local authority. (2) The Secretary of State may by order require the regulator to register— (a) a specified local authority, or (b) a specified class of local authority. (3) Registration under subsection (2)— (a) takes effect in accordance with any provision of the order about timing or other procedural or incidental matters, (b) does not require an application for registration, and (c) may apply to a local authority whether or not it is eligible for registration by virtue of subsection (1). (4) If the Secretary of State thinks it necessary or desirable in connection with the registration of local authorities, the Secretary of State may by order— (a) provide for a provision of this Part or any other enactment not to apply in relation to registered local authorities; (b) provide for a provision of this Part or any other enactment to apply with specified modifications in relation to registered local authorities; (c) amend a provision of this Part or any other enactment. (5) In this section— (a) ““local authority”” means an authority or person to whom section 113 applies or has applied, and (b) ““registered local authorities”” means authorities or persons who are registered, registrable or to be registered as a result of an order under subsection (1) or (2) above. (6) Before making an order under this section the Secretary of State shall consult— (a) any authority or person likely to be affected by it, and (b) such other persons as the Secretary of State thinks fit.”” The noble Baroness said: My Lords, I agreed on Report that we should table an enabling power to allow us to deliver the provisions necessary to support cross-domain regulation through secondary legislation. We had a wide-ranging debate on this at every stage of the Bill, and given the widespread support across the House for doing it in this way, our offer was well received. I am very pleased about that. As I pointed out in the debate, we need a broad power that is flexible enough to allow us to make the necessary changes to legislation. It would be extremely unfortunate, as I think everyone would agree, if we were to forgo the opportunity of a Bill in the next Session only to find that we had drafted an enabling power too tightly to allow us to proceed as we ideally would. We would very much regret that, and I believe that the House is happy with the breadth of the amendment. That is why we seek to introduce a power that allows the Secretary of State to amend or modify as necessary or desirable Part 2 of this Bill or any other relevant legislation so as to enable the Tenant Services Authority to regulate local authorities. I have not sensed a significant degree of concern at taking this broad approach. I trust that the enthusiastic support is such that noble Lords certainly accept that it is fit for purpose. In taking a broad power, our intention is that it would be used sensibly and only where there is a clear rationale for making a change in support of effective cross-domain regulation. I have already committed to offering a full public consultation on regulations made under the power, which is obviously right. The work of the Cole advisory panel has shown that much can be achieved from engaging in an open and inclusive process. Everyone around the House has paid tribute to the work of Professor Ian Cole. In our eagerness to consult in terms of ongoing dialogue and a more formal consultative process I hope that we will satisfy those noble Lords, particularly the noble Lord, Lord Dixon-Smith, who had expressed a preference for super-affirmative procedures. The enabling clause is fairly simple. In addition to allowing us to amend, modify or not apply any piece of legislation as required, it also allows for the registration of local authorities. It allows the Secretary of State to register, by order, a specified local authority or a class of authority. In so doing, the order may make provision about how the registration should operate; that is, the process on which we will consult as part of the wider regulations. Having debated the complex nature of these regulations, it is something of an anti-climax to be discussing a clause which is rather simple in its description. We can now make a welcome shift to considering the substance rather than the process of delivering a cross-domain regulator, and to doing those things that will meet the social concerns recognised by the noble Lord, Lord Best; for example, creating a coherent culture to ensure that the benefits of the Bill reach every tenant, as defined. This is the last group of amendments and very kind things have been said about my ability to find time in my diary for meetings. It has been a great pleasure to work with noble Lords across the House and not just a necessity. I believe that we should have an open process and debate on this Bill. It was a good Bill when we introduced it, but it is much better now, which is to the huge credit of noble Lords who have taken part. It would be invidious to single out anyone, but I have been gratified to have the authority and support of my noble friends Lady Ford and Lady Dean on my side, as well as the assiduous nagging of my noble friends Lord Howarth, Lord Graham and Lady Whitaker. They have put in sterling work, as have my noble friends Lord Filkin and Lady Jones. I pay tribute to the noble Lord, Lord Best, who has been a real sheepdog on the Bill and has ensured that we have made the position of the tenant very clear. He has played an excellent role, as have noble Lords on both Front Benches. The noble Viscount, Lord Eccles, has kept us up to the mark on the management of the Bill. On behalf of all noble Lords, I thank the Bill team for their extraordinary talent. They have been exceptional in their creativity as well as in their assiduous response to the will of this House, which was shown in the expert way in which they have come back with voluminous correspondence and the sensitive way in which they have interpreted what the House has wanted. With that, I hope that we can bless the Bill in its form. I beg to move.