Housing and Regeneration Bill — 9 Jul 2008 at 17:47
Clause 149 <[i>Exempted disposals]:
moved Amendments Nos. 105 and 106:
Clause 149, page 64, line 15, leave out "to which" and insert "for which consent is required under-
(a) "
Clause 149, page 64, leave out line 16 and insert ", or
(b) section 173 of the Local Government and Housing Act 1989 (c. 42)."
On Question, amendments agreed to.
moved Amendment No. 107:
After Clause 149, insert the following new Clause-
"Disposals without consent
(1) A purported disposal by a registered provider is void if-
(a) it requires the regulator's consent under section 148, and(b) the regulator has not given consent.
(2) But subsection (1) does not apply to a disposal by a non-profit registered provider to one or more individuals ("the buyer") if-
(a) the disposal is of a single dwelling, and(b) the registered provider reasonably believes at the time of the disposal that the buyer intends to use the property as the buyer's principal residence."
On Question, amendment agreed to.
Clause 166 <[i>Transfer of property]:
moved Amendment No. 108:
Clause 166, page 71, line 25, after "specified" insert "non-profit"
On Question, amendment agreed to.
Clause 167 <[i>Section 166: supplemental]:
moved Amendment No. 109:
Clause 167, page 71, line 40, after "a" insert "non-profit"
On Question, amendment agreed to.
Clause 172 <[i>Exceptions]:
moved Amendments Nos. 110 and 111:
Clause 172, page 73, line 14, leave out "to which" and insert "for which consent is required under-
(a) "
Clause 172, page 73, line 15, leave out "applies (disposals requiring consent)" and insert ", or
(b) section 173 of the Local Government and Housing Act 1989 (c. 42)."
On Question, amendments agreed to.
Clause 176 <[i>Separate accounting]:
moved Amendment No. 112:
Clause 176, page 75, line 6, at end insert-
"( ) Where this section applies in relation to the proceeds of sale arising on a disposal, section 35 above, section 27 of the Housing Act 1996 (c. 52) and section 52 of the Housing Act 1988 (c. 50) do not apply."
On Question, amendment agreed to.
Clause 182 <[i>Interpretation: other expressions]:
moved Amendment No. 113:
Clause 182, page 77, line 35, at end insert-
"and for this purpose "infrastructure" has the same meaning as in Part 1."
On Question, amendment agreed to.
moved Amendment No. 114:
After Clause 185, insert the following new Clause-
"Change of use, &c.
(1) Where the regulator's consent is required for the disposal of a dwelling by a registered provider, sections 171 to 174 continue to apply in relation to a disposal of the land by the registered provider even if the land has ceased to be a dwelling.
(2) Sections 171 to 174 also apply in relation to a disposal of land by a registered provider which would fall within Exception 2 or 3 of section 172 but for a change of use of the land by the registered provider."
On Question, amendment agreed to.
Clause 189 <[i>Section 188: consequential amendments]:
moved Amendment No. 115:
Clause 189, page 80, line 44, at end insert-
"(ba) after subsection (1A) insert-"(1B) This section does not apply to a disposal of land by a registered provider of social housing unless the land is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008.""
On Question, amendment agreed to.
Clause 190 <[i>Overview]:
moved Amendment No. 116:
Clause 190, page 81, line 31, leave out paragraph (d) and insert-
"(d) requires the regulator to give guidance about complaints relating to registered providers and about the use of its powers under this Chapter and Chapter 7 (sections 213 and 214),"
On Question, amendment agreed to.
Clause 191 <[i>Provision of social housing]:
<[i>Amendments Nos. 117 to 119B not moved.]
Clause 194 <[i>Consultation]:
moved Amendment No. 120:
Clause 194, page 83, line 4, at end insert-
"(da) one or more bodies appearing to it to represent the interests of local housing authorities,"
On Question, amendment agreed to.
moved Amendment No. 121:
After Clause 194, insert the following new Clause-
"Guidance by the Secretary of State (No. 2)
(1) The Secretary of State may give guidance to the regulator as to the exercise of any of its functions.
(2) Before giving guidance under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
(3) The Secretary of State must publish any guidance given under this section as soon as reasonably practicable after giving it.
(4) The Secretary of State may revoke guidance given under this section.
(5) The Secretary of State must-
(a) consult, before revoking guidance under this section, such persons as the Secretary of State considers appropriate, and(b) publish the fact that the guidance has been revoked as soon as reasonably practicable after the revocation.
(6) The regulator must, in exercising its functions, have regard to any guidance for the time being in force under this section.
(7) References in this section to giving guidance include references to giving guidance by varying existing guidance."
On Question, Whether the said amendment (No. 121) shall be agreed to?
Their Lordships divided: Contents, 76; Not-Contents, 168.
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