Statement by the Delegation of Ukraine on the Russia’s ongoing aggression against Ukraine and illegal occupation of Crimea
The purpose of this Chapter is to promote the supply of starter homes in England.
In this Chapter “starter home” means a building or part of a building that—
is a new dwelling,
is available for purchase by qualifying first-time buyers only,
is to be sold at a discount of at least 20% of the market value,
is to be sold for less than the price cap, and
is subject to any restrictions on sale or letting specified in regulations made by the Secretary of State (for more about regulations under this paragraph, see section 3).
“New dwelling” means a building or part of a building that—
has been constructed for use as a single dwelling and has not previously been occupied, or
has been adapted for use as a single dwelling and has not been occupied since its adaptation.
“Qualifying first-time buyer” means an individual who—
is a first-time buyer,
is at least 23 years old but has not yet reached the age of 40, and
meets any other criteria specified in regulations made by the Secretary of State (for example, relating to nationality).
“First-time buyer” has the meaning given by section 57AA(2) of the Finance Act 2003.
“Purchase”: the reference to a building or part of a building being available for purchase is to a freehold or a leasehold interest in the building or part being available for purchase.
The “price cap” is set out in the table. Location of starter home Price cap Greater London £450,000 Outside Greater London £250,000
The Secretary of State may by regulations—
amend the definition of “first-time buyer”;
disapply the age requirement in subsection (3)(b) in relation to specified categories of people;
specify circumstances in which a dwelling may still be a starter home even if it is available for purchase by joint purchasers not all of whom meet the age requirement.
The Secretary of State may by regulations amend the price cap; and the regulations may provide for different price caps to apply—
for starter homes in different areas in Greater London;
for starter homes in different areas outside Greater London.
Before making regulations under subsection (8) the Secretary of State must consult—
each local planning authority in England,
the Mayor of London, and
any other person the Secretary of State thinks appropriate.
Regulations under this section may amend this Chapter.
The restrictions on sale that may be specified by regulations under section 2(1)(e) in relation to a dwelling that has been sold to a qualifying first-time buyer include, in particular, restrictions —
requiring a person who sells the dwelling within a specified period to make a payment to a specified person in respect of the starter homes discount, or
prohibiting a person from selling the dwelling within a specified period unless the dwelling is sold to a qualifying first-time buyer at a discount.
Regulations made by virtue of subsection (1) must—
set out how the amount of the payment or discount is to be determined, and
provide for reductions in the amount of the payment or discount according to the length of time since the dwelling was first sold to a qualifying first-time buyer.
The person specified in regulations under subsection (1)(a) may be the Secretary of State, a local planning authority in England or any other person.
Regulations under section 2(1)(e) may impose restrictions that require a person selling the dwelling to sell it subject to any restrictions to which he or she is subject.
Regulations under section 2(1)(e) may include provision about the legal mechanism by which any requirement is to be imposed.
The Secretary of State may by regulations make provision about the use of sums that are paid to a person in accordance with a requirement imposed by regulations made by virtue of subsection (1)(a) (including provision permitting or requiring the payment of sums into the Consolidated Fund).
In subsection (1)(a) “starter homes discount” means the discount mentioned in section 2(1)(c) or subsection (1)(b) above.
An English planning authority must carry out its relevant planning functions with a view to promoting the supply of starter homes in England.
A local planning authority in England must have regard to any guidance given by the Secretary of State in carrying out that duty.
“English planning authority” means—
a local planning authority in England, or
the Secretary of State when exercising a function relating to the grant of planning permission on an application in respect of land in England.
“Relevant planning functions” means—
functions under Part 3 of the Town and Country Planning Act 1990, other than functions relating to the grant of permission in principle;
functions under Part 8 of the Greater London Authority Act 1999;
functions under Part 2 of the Planning and Compulsory Purchase Act 2004.
The Secretary of State may by regulations—
amend the definition of “English planning authority” in subsection (3);
amend the definition of “relevant planning functions” in subsection (4).
The Secretary of State may by regulations provide that an English planning authority may only grant planning permission for a residential development of a specified description if the starter homes requirement is met.
Where the Secretary of State makes regulations under this section, the regulations must give an English planning authority power to dispense with the condition requiring the starter homes requirement to be met where—
an application is made for planning permission in respect of a rural exception site, and
the application falls to be determined wholly or partly on the basis of a policy contained in a development plan for the provision of housing on rural exception sites.
“English planning authority” means—
a local planning authority in England, or
the Secretary of State when exercising a function relating to the grant of planning permission on an application in respect of land in England.
“The starter homes requirement” means a requirement, specified in the regulations, relating to the provision of starter homes in England.
Regulations under this section may, for example, provide that an English planning authority may grant planning permission only if a person has entered into a planning obligation to provide a certain number of starter homes or to pay a sum to be used by the authority for providing starter homes.
The regulations may confer discretions on an English planning authority.
The regulations may make different provision for different areas.
In section 70 of the Town and Country Planning Act 1990 (determination of applications: general considerations), for subsection (3) substitute—
A local planning authority in England must prepare reports containing information about the carrying out of its functions in relation to starter homes.
The Secretary of State may by regulations make provision about reports under this section, including—
provision about their form and content;
provision about their timing;
provision requiring them to be combined with reports under section 35 of the Planning and Compulsory Purchase Act 2004.
The regulations may require a report to contain information about applications to which regulations under section 5 apply and details of how those applications have been dealt with.
An authority must make its reports under this section available to the public.
The Secretary of State may make a compliance direction if satisfied that—
a local planning authority has failed to carry out its functions in relation to starter homes or has failed to carry them out adequately, and
a policy contained in a local development document for the authority is incompatible with those functions.
A “compliance direction” is a direction that no regard is to be had to the policy for the purposes of any determination to be made under the planning Acts.
A compliance direction remains in force until revoked by a further direction given by the Secretary of State.
A direction under this section must include the Secretary of State's reasons for making it.
The Secretary of State must publish any direction under this section and give a copy to the local planning authority.
In this Chapter—
“local housing authority” has the meaning given by section 1 of the Housing Act 1985;
its affairs and business so far as carried on in the United Kingdom, and
After the end of the period for representations the local housing authority must—
decide whether to impose a financial penalty on the person, and
if it decides to impose a financial penalty, decide the amount of the penalty.
This paragraph applies if a person fails to pay the whole or any part of a financial penalty which, in accordance with this Schedule, the person is liable to pay. The local housing authority which imposed the financial penalty may recover the penalty or part on the order of the county court as if it were payable under an order of that court. In proceedings before the county court for the recovery of a financial penalty or part of a financial penalty, a certificate which is— is conclusive evidence of that fact. A certificate to that effect and purporting to be so signed is to be treated as being so signed unless the contrary is proved. In this paragraph “chief finance officer” has the same meaning as in section 5 of the Local Government and Housing Act 1989.
Section 52 of the Law of Property Act 1925 (conveyances to be by deed, unless excepted by subsection (2) of that section) is amended as follows. In subsection (2), after paragraph (db) insert—. In subsection (3)—
The Housing Act 1996 is amended as follows.
The Leasehold Reform, Housing and Urban Development Act 1993 is amended as follows.
The Acquisition of Land Act 1981 is amended as follows.
“devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see section 157A of that Act).
Before imposing a financial penalty on a person under section 23 a local housing authority must give the person notice of its proposal to do so (a “notice of intent”).
The Housing Act 1985 is amended as follows.
The amendments made by this Schedule do not apply in relation to cases where the tenant under a secure tenancy dies before it comes into force.
The notice of intent must be given before the end of the period of 6 months beginning with the first day on which the authority has sufficient evidence of the conduct to which the financial penalty relates. But if the person is continuing to engage in the conduct on that day, and the conduct continues beyond the end of that day, the notice of intent may be given—
In section 86 (periodic tenancy arising on termination of fixed term), after subsection (1B) (inserted by Schedule 7) insert—
The amendments made by paragraphs 7 and 8 do not apply in relation to an introductory tenancy granted before the day on which this Schedule comes into force.
The notice of intent must set out—
the amount of the proposed financial penalty,
the reasons for proposing to impose the financial penalty, and
information about the right to make representations under paragraph 4.
Section 86A (persons qualified to succeed: England) as inserted by the Localism Act 2011— After subsection (7) insert—
The amendments made by paragraphs 10 to 13 do not apply in relation to cases where the tenant under a demoted tenancy dies before this Schedule comes into force.
In section 88 (cases where the tenant is a successor), in subsection (1), after paragraph (b) insert—.
Section 89 (succession to periodic tenancy) is amended as follows. In subsection (1A), for “section 86A” substitute “ section 86G ”. After subsection (2) insert—
In section 117 (index of defined expressions), in the entry relating to persons qualified to succeed, for “section 87” substitute “ sections 86G and 87 ”.
If the authority decides to impose a financial penalty on the person, it must give the person a notice (a “final notice”) imposing that penalty.
Section 124 (introductory tenancies) is amended as follows. After subsection (1) insert— In subsection (2), in the words before paragraph (a), after “dwelling-house” insert “ in Wales ”. In subsection (2A), for “subsection (2)(b)” substitute “ subsections (1A)(b) and (2)(b) ”. In subsection (3), for “subsection (2)” substitute “ subsections (1A) and (2) ”. After subsection (5) insert—
Section 100 (orders and regulations) is amended as follows. In subsection (1), after “Secretary of State” insert “ or the Welsh Ministers ”. After subsection (2) insert—
Section 15 (compulsory purchase order: confirmation notice) is amended as follows. In subsection (4), after paragraph (d) insert— After subsection (5) insert—
The final notice must require the penalty to be paid within the period of 28 days beginning with the day after that on which the notice was given.
After section 124 insert—
In Schedule 6, paragraph 7 is amended as follows. For sub-paragraph (2) substitute— In sub-paragraph (4)— Omit sub-paragraphs (7) and (8). After sub-paragraph (10) insert— The amendments made by this paragraph apply to cases where the relevant date is— as well as to cases where the relevant date is after this Act is passed. The “relevant date” has the meaning given by section 1(8) of the Leasehold Reform, Housing and Urban Development Act 1993.
Paragraph 6 of Schedule 1 (purchase by Minister: notices after making of order) is amended as follows. In sub-paragraph (4), after paragraph (d) insert— After sub-paragraph (5) insert—
The final notice must set out—
the amount of the financial penalty,
the reasons for imposing the penalty,
information about how to pay the penalty,
the period for payment of the penalty,
information about rights of appeal, and
the consequences of failure to comply with the notice.
Section 125A (extension of trial period by 6 months) is amended as follows. In subsection (1), for “both” substitute “ each ”. After subsection (3) insert—
In Schedule 13 (premium and other amounts payable by tenant on grant of new lease), paragraph 8 is amended as follows. For sub-paragraph (2) substitute— Omit sub-paragraphs (6) and (7). After sub-paragraph (9) insert— The amendments made by this paragraph apply to cases where the relevant date is— as well as to cases where the relevant date is after this Act is passed. The “relevant date” has the meaning given by section 39(8) of the Leasehold Reform, Housing and Urban Development Act 1993.
The date so specified—
In section 137A (introductory tenancies that are to become flexible tenancies), in subsection (2), for “, before entering into or adopting the introductory tenancy” substitute “ the introductory tenancy was entered into or adopted before the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 came fully into force and, before entering into or adopting it, ”.
In section 143A (demoted tenancies), in subsection (1), omit “periodic”.
In section 143E (notice of proceedings for possession), for subsection (3) substitute—
Section 143MA (demoted tenancies that are to become flexible tenancies) is amended as follows. In subsection (1), for “section 107A of the Housing Act 1985” substitute “ section 115B of the Housing Act 1985 (certain tenancies granted etc before the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 came fully into force) ”. After subsection (3) insert—
After section 143MA insert—
“disposes of”, in relation to land, means sells a freehold or leasehold interest in the land or grants a lease of the land;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a company or body through which the Greater London Authority exercises functions in relation to housing or regeneration, or
“devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see section 157A of that Act).
The following provisions of the Insolvency Act 1986 are to have effect in the case of any housing administration with the following modifications.
The Housing Act 1985 is amended as follows.
The New Towns Act 1981 is amended as follows.
In Schedule 3 to the Housing and Regeneration Act 2008, omit Part 1.
Section 5 (effect of approval of voluntary arrangements) is to have effect as if after subsection (4) there were inserted—
For the italic heading before section 79 substitute— “ Secure tenancies ”.
Omit section 19.
Section 6 (challenge of decisions in relation to voluntary arrangements) is to have effect as if—
in subsection (2), for “this section” there were substituted “ subsection (1) ”,
after that subsection there were inserted—,
in subsection (4), after “subsection (1)” there were inserted “ or, in the case of an application under subsection (2AA), as to the ground mentioned in that subsection ”, and
after subsection (7) there were inserted—
After section 81 insert—
In section 20, for subsection (10) substitute—
In section 129(1A) (commencement of winding up), the reference to paragraph 13(1)(e) of Schedule B1 is to include section 100(1)(e) of this Act.
In section 82 (security of tenure), in subsection (3), for the words from “section 86” to the end substitute “ section 86 or 86D shall apply ”.
In section 21, for subsection (3) substitute—
After section 82 insert— “ Orders for possession and expiry of term etc ”.
Section 82A (demoted tenancy) is amended as follows. After subsection (4) insert— In subsection (5), for paragraph (b) substitute—. For subsection (6) substitute—
In section 83 (proceedings for possession or termination: general notice requirements), in subsection (A1), for paragraph (b) substitute—
In section 84 (grounds and orders for possession), in subsection (1), for “section 107D (recovery of possession on expiry of flexible tenancy)” substitute “ section 86E (recovery of possession on expiry of certain English secure tenancies) ”.
Section 86 (periodic tenancy arising on termination of fixed term) is amended as follows. In subsection (1), after “secure tenancy” insert “ to which this section applies ”. After subsection (1) insert— In subsection (2), for “this section” substitute “ subsection (1) ”.
After section 86 insert—
Section 97 (tenant's improvements require consent) is amended as follows. In subsection (1), after “secure tenancy” insert “ to which this section applies ”. After subsection (1) insert— Omit subsection (5).
Section 99A (right to compensation for improvements) is amended as follows. In subsection (1)(c), after “secure tenancy” insert “ to which this section applies ”. After subsection (1) insert— Omit subsection (9).
Omit sections 107A to 107E (flexible tenancies).
After section 115A insert—
Section 117 (index of defined expressions) is amended as follows. In the entry relating to flexible tenancies, for “section 107A” substitute “ section 115B ”. old-style secure tenancy section 115C
Schedule 1 (tenancies which are not secure tenancies) is amended as follows. After paragraph 1 insert— In paragraph 4ZA, after sub-paragraph (2) insert—
a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009,
In Schedule 1 to the Leasehold Reform Act 1967 (enfranchisement and extension by sub-tenants), paragraph 7A is amended as follows. For sub-paragraph (1) substitute— Omit sub-paragraphs (5) and (6). At the end insert— The amendments made by this paragraph apply to cases where the relevant time is— as well as to cases where the relevant time is after this Act is passed. The “relevant time” has the meaning given by section 37(1)(d) of the Leasehold Reform Act 1967.
In section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (general duty as respects listed buildings in exercise of planning functions) in subsection (1), after “planning permission” insert “ or permission in principle ”.
In section 25 of the Coast Protection Act 1949, after subsection (1) insert—
In section 26 of the Caravan Sites and Control of Development Act 1960, after subsection (1) insert—
In Schedule 4 to the Welsh Development Agency Act 1975 omit paragraph 14(1).
Section 167 of the Local Government, Planning and Land Act 1980 is amended as follows. In the heading, after “land” insert “ in Scotland ”. In subsection (1)— In subsection (7)— In subsection (9)— Omit subsection (13).
Section 50 of the Civil Aviation Act 1982 is amended as follows. In subsection (1), for paragraph (e) substitute— In subsection (3)(e), after “(1)(e)” insert “ or (f) ”. In subsection (4)(b), after “(1)(e)” insert “ or (f) ”. In subsection (7)(c), after “(1)(e)” insert “ or (f) ”.
In section 97 of the Local Government and Housing Act 1989, after subsection (1) insert—
In section 88 of the Planning (Listed Buildings and Conservation Areas) Act 1990 omit subsection (5).
Section 171 of the Water Resources Act 1991 is amended as follows. In subsection (2) omit paragraph (a) (and the “or” at the end of it). In subsection (4), for the words before paragraph (a) substitute “ The powers conferred by this section or section 172 of the Housing and Planning Act 2016 shall not be exercised on behalf of the Agency or the NRBW in any case for purposes connected with the determination of— ”.
A person may not be authorised under sub-paragraph (1) to enter and survey or value land in England and Wales in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).
Schedule 10 to the Housing Act 1988 is amended as follows. Omit paragraph 5 and the italic heading before it. In paragraph 6, for sub-paragraph (11) substitute— In paragraph 7, for sub-paragraph (3) substitute—
The Planning Act 2008 is amended as follows.
In section 32 of the Infrastructure Act 2015, omit subsections (6), (7), (8) and (10).
permission in principle
In section 194, omit subsection (1).
Omit Schedule 9.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the provisions of Schedule B1 to the Insolvency Act 1986 that are mentioned in paragraph 1 above are referred to as the applicable provisions, and
references to those provisions, or to provisions comprised in them, are references to those provisions as modified by Part 1 of this Schedule.
“relevant right or interest” means any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land (including any natural right to support);
Before section 131 (but after the italic heading) insert—
The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as follows.
The Compulsory Purchase Act 1965 is amended as follows.
The Land Compensation Act 1973 is amended as follows.
In section 80(2) of the Planning and Compensation Act 1991 omit “or Schedule 3 to the Compulsory Purchase Act 1965”.
For each of the following provisions substitute, with the same paragraph or sub-paragraph number as the provision being replaced, the provision in paragraph 7—
paragraph 7 of Schedule 1 to the Local Government (Miscellaneous Provisions) Act 1976;
paragraph 23(2) of Schedule 28 to the Local Government, Planning and Land Act 1980;
paragraph 7 of Schedule 19 to the Highways Act 1980;
paragraph 8 of Schedule 3 to the Gas Act 1986;
paragraph 22 of Schedule 10 to the Housing Act 1988;
paragraph 9 of Schedule 3 to the Electricity Act 1989;
paragraph 4 of Schedule 9 to the Water Industry Act 1991;
paragraph 4 of Schedule 18 to the Water Resources Act 1991;
paragraph 4 of Schedule 1B to the Coal Industry Act 1994;
paragraph 8 of Schedule 5 to the Postal Services Act 2000;
paragraph 11 of Schedule 2 to the Housing and Regeneration Act 2008.
In Schedule 11 to the Water Industry Act 1991 (orders conferring compulsory works powers), in paragraph 6(1)(b), for “section” substitute “ sections 2A and ”.
Schedule 28 to the Local Government, Planning and Land Act 1980 is amended as follows. In paragraph 6— In paragraph 7, for sub-paragraph (11) substitute— In paragraph 9, for sub-paragraph (3) substitute—
The Town and Country Planning Act 1990 is amended as follows.
Section 131 (persons qualified to succeed tenant) is amended as follows. At the end of the heading for “tenant” substitute “ to introductory tenancy: Wales ”. After “introductory tenancy” insert “ of a dwelling-house in Wales ”.
Omit section 3 (preliminary notices).
In section 11 omit subsection (2).
In section 33A(4) omit paragraph (b).
This is the provision to be substituted for the provisions listed in paragraph 6—
Omit section 237.
Section 133 (succession to introductory tenancy) is amended as follows. After subsection (1) insert— In subsection (2), after “ “tenant” insert “ under section 131 ”.
In section 5, omit subsection (1) (earliest date for execution of declaration following preliminary notice etc).
In section 12(6) omit “, or have paid it into court under Schedule 3 to this Act by way of security,”.
In section 52ZC(7)(c) for “, any bond under Schedule 3 to that Act or” substitute “ or any bond under ”.
In section 245(4), omit paragraph (a).
Before section 143H (but after the italic heading) insert—
In section 6 (notices after execution of declaration), in subsection (1)(b), for “section 3(1) above” substitute “ section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981 ”.
In section 37 for “Subsections (1) and (2)” substitute “ Subsection (1) ”.
In section 52A—
in subsection (1), omit “Schedule 3 to that Act or”;
in subsection (9), omit “under Schedule 3 to that Act or”.
In section 246(2), for “237” substitute “ 238 ”.
Section 143H (succession to demoted tenancy) is amended as follows. At the heading insert “ : Wales ”. In subsection (1), after “tenancy” insert “ of a dwelling-house in Wales ”.
Omit Schedule 3.
In section 57(1) omit “, under Schedule 3 to the Compulsory Purchase Act 1965”.
In section 143I (no successor tenant: termination), after “section” insert “ 143GA or ”.
Section 143J of the Housing Act 1996 (demoted tenancies: successor tenants) is amended as follows. After subsection (3) insert— For subsection (7) substitute—
In section 1 of the Self-build and Custom Housebuilding Act 2015 (register of persons seeking to acquire land), before subsection (1) insert—
In subsection (1) of that section—
omit “(including bodies corporate that exercise functions on behalf of associations of individuals)”;
for “in order to build houses for those individuals to occupy as homes” substitute “ for their own self-build and custom housebuilding ”.
After subsection (6) of that section insert—
In section 5 of that Act (interpretation)—
“self-build and custom housebuilding” has the meaning given by section 1;
“serviced plot of land” means a plot of land that—
at the end of that section (the existing text of which becomes subsection (1)) insert—
After section 2 of the Self-build and Custom Housebuilding Act 2015 insert—
In section 3 of that Act (guidance), after subsection (2) insert—
In relation to entries made on the register under section 1 of that Act before 31 October 2016, any reference to self-build and custom housebuilding in section 2A of that Act (inserted by subsection (1) above) is to be read as if, in section 1 of that Act (as amended by section 9 above)—
the words “or completion” in subsection (A1) were omitted, and
the definitions of “completion” and “home” in subsection (6A) were omitted.
After section 2A of the Self-build and Custom Housebuilding Act 2015 (inserted by section 10 above) insert—
In the Schedule to the Self-build and Custom Housebuilding Act 2015 (registers under section 1), in paragraph 3 (eligibility)—
after sub-paragraph (2) insert—;
at the end insert—
In paragraph 6 of that Schedule (fees)—
in sub-paragraph (1), for “section 1” substitute “ sections 1 and 2A ”;
in sub-paragraph (2)(b), after “fixing of fees by” insert “ the Secretary of State or ”;
after sub-paragraph (2) insert—
In section 4(1) of that Act (regulations subject to affirmative resolution procedure)—
in paragraph (b) omit “or”;
after that paragraph insert—.
In section 4(2) of that Act (regulations subject to negative resolution procedure)—
before paragraph (a) insert—;
in paragraph (a), for “section 5” substitute “ section 5(1) ”.
This Part is about rogue landlords and property agents.
In summary—
Chapter 2 allows a banning order to be made where a landlord or property agent has been convicted of a banning order offence,
Chapter 3 requires a database of rogue landlords and property agents to be established,
Chapter 4 allows a rent repayment order to be made against a landlord who has committed an offence to which that Chapter applies, and
Chapter 6 contains definitions.
In this Part “banning order” means an order, made by the First-tier Tribunal, banning a person from—
letting housing in England,
engaging in English letting agency work,
engaging in English property management work, or
doing two or more of those things.
See also section 18 (which enables a banning order to include a ban on involvement in certain bodies corporate).
In this Part “banning order offence” means an offence of a description specified in regulations made by the Secretary of State.
Regulations under subsection (3) may, in particular, describe an offence by reference to—
the nature of the offence,
the characteristics of the offender,
the place where the offence is committed,
the circumstances in which it is committed,
the court sentencing a person for the offence, or
the sentence imposed.
An offence under section 12 of the Tenant Fees Act 2019 is also a banning order offence for the purposes of this Part.
A local housing authority in England may apply for a banning order against a person who has been convicted of a banning order offence.
If a local housing authority in England applies for a banning order against a body corporate that has been convicted of a banning order offence, it must also apply for a banning order against any officer who has been convicted of the same offence in respect of the same conduct.
Before applying for a banning order under subsection (1), the authority must give the person a notice of intended proceedings—
informing the person that the authority is proposing to apply for a banning order and explaining why,
stating the length of each proposed ban, and
inviting the person to make representations within a period specified in the notice of not less than 28 days (“the notice period”).
The authority must consider any representations made during the notice period.
The authority must wait until the notice period has ended before applying for a banning order.
A notice of intended proceedings may not be given after the end of the period of 6 months beginning with the day on which the person was convicted of the offence to which the notice relates.
The First-tier Tribunal may make a banning order against a person who—
has been convicted of a banning order offence, and
was a residential landlord or a property agent at the time the offence was committed (but see subsection (3)).
A banning order may only be made on an application by a local housing authority in England that has complied with section 15.
Where an application is made under section 15(1) against an officer of a body corporate, the First-tier Tribunal may make a banning order against the officer even if the condition in subsection (1)(b) of this section is not met.
In deciding whether to make a banning order against a person, and in deciding what order to make, the Tribunal must consider—
the seriousness of the offence of which the person has been convicted,
any previous convictions that the person has for a banning order offence,
whether the person is or has at any time been included in the database of rogue landlords and property agents, and
the likely effect of the banning order on the person and anyone else who may be affected by the order.
A banning order must specify the length of each ban imposed by the order.
A ban must last at least 12 months.
A banning order may contain exceptions to a ban for some or all of the period to which the ban relates and the exceptions may be subject to conditions.
A banning order may, for example, contain exceptions—
to deal with cases where there are existing tenancies and the landlord does not have the power to bring them to an immediate end, or
to allow letting agents to wind down current business.
A banning order may include provision banning the person against whom it is made from being involved in any body corporate that carries out an activity that the person is banned by the order from carrying out.
For this purpose a person is “involved” in a body corporate if the person acts as an officer of the body corporate or directly or indirectly takes part in or is concerned in the management of the body corporate.
A local housing authority may require a person to provide specified information for the purpose of enabling the authority to decide whether to apply for a banning order against the person.
It is an offence for the person to fail to comply with a requirement, unless the person has a reasonable excuse for the failure.
It is an offence for the person to provide information that is false or misleading if the person knows that the information is false or misleading or is reckless as to whether it is false or misleading.
A person who commits an offence under this section is liable on summary conviction to a fine.
A person against whom a banning order is made may apply to the First-tier Tribunal for an order under this section revoking or varying the order.
If the banning order was made on the basis of one or more convictions all of which are overturned on appeal, the First-tier Tribunal must revoke the banning order.
If the banning order was made on the basis of more than one conviction and some of them (but not all) have been overturned on appeal, the First-tier Tribunal may—
vary the banning order, or
revoke the banning order.
If the banning order was made on the basis of one or more convictions that have become spent, the First-tier Tribunal may—
vary the banning order, or
revoke the banning order.
The power to vary a banning order under subsection (3)(a) or (4)(a) may be used to add new exceptions to a ban or to vary—
the banned activities,
the length of a ban, or
existing exceptions to a ban.
In this section “spent”, in relation to a conviction, means spent for the purposes of the Rehabilitation of Offenders Act 1974.
A person who breaches a banning order commits an offence.
A person guilty of an offence under subsection (1) is liable on summary conviction to imprisonment for a period not exceeding 51 weeks or to a fine or to both.
If a financial penalty under section 23 has been imposed in respect of the breach, the person may not be convicted of an offence under this section.
Where a person is convicted under subsection (1) of breaching a banning order and the breach continues after conviction, the person commits a further offence and is liable on summary conviction to a fine not exceeding one-tenth of level 2 on the standard scale for each day or part of a day on which the breach continues.
In proceedings for an offence under subsection (4) it is a defence to show that the person had a reasonable excuse for the continued breach.
In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in subsection (2) to 51 weeks is to be read as a reference to 6 months.
Where an offence under section 21 committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of a body corporate, the officer as well as the body corporate commits the offence and is liable to be proceeded against and punished accordingly.
Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member's functions of management as if the member were an officer of the body corporate.
The responsible local housing authority may impose a financial penalty on a person if satisfied, beyond reasonable doubt, that the person's conduct amounts to an offence under section 21(1).
In this section “responsible local housing authority” means the local housing authority for the area in which the housing to which the conduct relates is situated.
Only one financial penalty under this section may be imposed in respect of the same conduct unless subsection (4) allows another penalty to be imposed.
If a breach continues for more than 6 months, a financial penalty may be imposed for each additional 6 month period for the whole or part of which the breach continues.
The amount of a financial penalty imposed under this section is to be determined by the authority imposing it, but must not be more than £40,000.
The responsible local housing authority may not impose a financial penalty in respect of any conduct amounting to an offence under section 21(1) if—
the person has been convicted of an offence under that section in respect of the conduct, or
criminal proceedings for the offence have been instituted against the person in respect of the conduct and the proceedings have not been concluded.
Schedule 1 deals with—
the procedure for imposing financial penalties,
appeals against financial penalties, and
enforcement of financial penalties.
The Secretary of State may by regulations make provision about how local housing authorities are to deal with financial penalties recovered.
The Secretary of State may by regulations amend the amount specified in subsection (5) to reflect changes in the value of money.
A local housing authority must have regard to any guidance given by the Secretary of State about the exercise of its functions under this section or Schedule 1.
A breach of a banning order does not affect the validity or enforceability of any provision of a tenancy or other contract entered into by a person despite any rule of law relating to the validity or enforceability of contracts in circumstances involving illegality.
Schedule 2 changes the rules about granting and revoking licences under Parts 2 and 3 of the Housing Act 2004 where a banning order has been made.
Schedule 3 amends the Housing Act 2004 to allow interim and final management orders to be made in cases where a banning order has been made.
A person who is subject to a banning order that includes a ban on letting may not make an unauthorised transfer of an estate in land to a prohibited person.
A disposal in breach of the prohibition imposed by subsection (1) is void.
A transfer is “unauthorised” for the purposes of subsection (1) unless it is authorised by the First-tier Tribunal on an application by the person who is subject to the banning order.
In subsection (1) “prohibited person” means—
a person associated with the landlord,
a business partner of the landlord,
a person associated with a business partner of the landlord,
a business partner of a person associated with the landlord,
a body corporate of which the landlord or a person mentioned in paragraph (a) to (d) is an officer,
a body corporate in which the landlord has a shareholding or other financial interest, or
in a case where the landlord is a body corporate, any body corporate that has an officer in common with the landlord.
In section (4)—
the Council of the Isles of Scilly, or
In section 5A of the Land Compensation Act 1961—
in subsection (6) omit paragraph (b);
in subsection (9)(b) omit “under Schedule 3 to that Act or”.
In Schedule 3 to the Agriculture (Miscellaneous Provisions) Act 1968, in paragraph 5(b), omit “and Schedule 3”.
In section 36(1)(b) of the Ancient Monuments and Archaeological Areas Act 1979 omit “or (2)”.
Section 333ZB of the Greater London Authority Act 1999 is amended as follows. For subsection (1) substitute— In subsection (2)— In the heading, omit “acquired or”.
In section 208 of the Localism Act 2011, for subsection (1) substitute—
a London borough council,
The Secretary of State must establish and operate a database of rogue landlords and property agents for the purposes of this Chapter.
Sections 29 and 30 give local housing authorities in England responsibility for maintaining the content of the database.
The Secretary of State must ensure that local housing authorities are able to edit the database for the purpose carrying out their functions under those sections and updating the database under section 34.
A local housing authority in England must make an entry in the database in respect of a person if—
a banning order has been made against the person following an application by the authority, and
no entry was made under section 30, before the banning order was made, on the basis of a conviction for the offence to which the banning order relates.
An entry made under this section must be maintained for the period for which the banning order has effect and must then be removed.
A local housing authority in England may make an entry in the database in respect of a person if—
the person has been convicted of a banning order offence, and
the offence was committed at a time when the person was a residential landlord or a property agent.
A local housing authority in England may make an entry in the database in respect of a person who has, at least twice within a period of 12 months, received a financial penalty in respect of a banning order offence committed at a time when the person was a residential landlord or a property agent.
A financial penalty is to be taken into account for the purposes of subsection (2) only if the period for appealing the penalty has expired and any appeal has been finally determined or withdrawn.
Section 31 imposes procedural requirements that must be met before an entry may be made in the database under this section.
An entry made under this section—
must be maintained for the period specified in the decision notice given under section 31 before the entry was made (or that period as reduced in accordance with section 36), and
must be removed at the end of that period.
Subsection (5)(a) does not prevent an entry being removed early in accordance under section 36.
The Secretary of State must publish guidance setting out criteria to which local housing authorities must have regard in deciding—
whether to make an entry in the database under this section, and
the period to specify in a decision notice under section 31.
If a local housing authority decides to make an entry in the database in respect of a person under section 30 it must give the person a decision notice before the entry is made.
The decision notice must—
explain that the authority has decided to make the entry in the database after the end of the period of 21 days beginning with the day on which the notice is given (“the notice period”), and
specify the period for which the person's entry will be maintained, which must be at least 2 years beginning with the day on which the entry is made.
The decision notice must also summarise the person's appeal rights under section 32.
The authority must wait until the notice period has ended before making the entry in the database.
If a person appeals under section 32 within the notice period the local housing authority may not make the entry in the database until—
the appeal has been determined or withdrawn, and
there is no possibility of further appeal (ignoring the possibility of an appeal out of time).
A decision notice under this section may not be given after the end of the period of 6 months beginning with the day on which the person—
was convicted of the banning order offence to which the notice relates, or
received the second of the financial penalties to which the notice relates.
A person who has been given a decision notice under section 31 may appeal to the First-tier Tribunal against—
the decision to make the entry in the database in respect of the person, or
the decision as to the period for which the person's entry is to be maintained.
An appeal under this section must be made before the end of the notice period specified in the decision notice under section 31(2).
The Tribunal may allow an appeal to be made to it after the end of the notice period if satisfied that there is a good reason for the person's failure to appeal within the period (and for any subsequent delay).
On an appeal under this section the tribunal may confirm, vary or cancel the decision notice.
The Secretary of State may by regulations make provision about the information that must be included in a person's entry in the database.
The regulations may, in particular, require a person's entry to include—
the person's address or other contact details,
the period for which the entry is to be maintained;
details of properties owned, let or managed by the person;
details of any banning order offences of which the person has been convicted;
details of any banning orders made against the person, whether or not still in force;
details of financial penalties that the person has received.
In relation to a case where a body corporate is entered in the database, the regulations may also require information to be included about its officers.
A local housing authority must take reasonable steps to keep information in the database up-to-date.
A local housing authority may require a person to provide specified information for the purpose of enabling the authority to decide whether to make an entry in the database in respect of the person.
A local housing authority that makes an entry in the database in respect of a person, or that is proposing to make an entry in the database in respect of a person, may require the person to provide any information needed to complete the person's entry or keep it up-to-date.
It is an offence for the person to fail to comply with a requirement, unless the person has a reasonable excuse for the failure.
It is an offence for the person to provide information that is false or misleading if the person knows that the information is false or misleading or is reckless as to whether it is false or misleading.
A person who commits an offence under this section is liable on summary conviction to a fine.
An entry made in the database under section 30 may be removed or varied in accordance with this section.
If the entry was made on the basis of one or more convictions all of which are overturned on appeal, the responsible local housing authority must remove the entry.
If the entry was made on the basis of more than one conviction and some of them (but not all) have been overturned on appeal, the responsible local housing authority may—
remove the entry, or
reduce the period for which the entry must be maintained.
If the entry was made on the basis of one or more convictions that have become spent, the responsible local housing authority may—
remove the entry, or
reduce the period for which the entry must be maintained.
If the entry was made on the basis that the person has received two or more financial penalties and at least one year has elapsed since the entry was made, the responsible local housing authority may—
remove the entry, or
reduce the period for which the entry must be maintained.
The power in subsection (3), (4) or (5) may even be used—
to remove an entry before the end of the two-year period mentioned in section 31(2)(b), or
to reduce the period for which an entry must be maintained to less than the two-year period mentioned in section 31(2)(b).
If a local housing authority removes an entry in the database, or reduces the period for which it must be maintained, it must notify the person to whom the entry relates.
In this section—
A person in respect of whom an entry is made in the database under section 30 may request the responsible local housing authority to use its powers under section 36 to—
remove the entry, or
reduce the period for which the entry must be maintained.
The request must be in writing.
Where a request is made, the local housing authority must—
decide whether to comply with the request, and
give the person notice of its decision.
If the local housing authority decides not to comply with the request the notice must include—
reasons for that decision, and
a summary of the appeal rights conferred by this section.
Where a person is given notice that the responsible local housing authority has decided not to comply with the request the person may appeal to the First-tier Tribunal against that decision.
An appeal to the First-tier Tribunal under subsection (5) must be made before the end of the period of 21 days beginning with the day on which the notice was given.
The First-tier Tribunal may allow an appeal to be made to it after the end of that period if satisfied that there is a good reason for the person's failure to appeal within the period (and for any subsequent delay).
On an appeal under this section the tribunal may order the local housing authority to—
remove the entry, or
reduce the period for which the entry must be maintained.
The Secretary of State must give every local housing authority in England access to information in the database.
The Secretary of State may use information in the database for statistical or research purposes.
The Secretary of State may disclose information in the database to any person if the information is disclosed in an anonymised form.
Information is disclosed in an anonymised form if no individual or other person to whom the information relates can be identified from the information.
A local housing authority in England may only use information obtained from the database—
for purposes connected with its functions under the Housing Act 2004,
for the purposes of a criminal investigation or proceedings relating to a banning order offence,
for the purposes of an investigation or proceedings relating to a contravention of the law relating to housing or landlord and tenant,
for the purposes of promoting compliance with the law relating to housing or landlord and tenant by any person in the database, or
for statistical or research purposes.
For the purposes of paragraph 17 of Schedule 23 to the Finance Act 2011 (which relates to HMRC data-gathering powers), the database is to be treated as being maintained by the Secretary of State.
This Chapter confers power on the First-tier Tribunal to make a rent repayment order where an offence to which this Chapter applies has been committed by—
a landlord under a tenancy of housing in England, or
any superior landlord in relation to such a tenancy.
A rent repayment order is an order requiring the landlord or superior landlord who committed the offence to—
pay a tenant an amount in respect of rent paid by or on behalf of the tenant (whether the rent was paid to the landlord or superior landlord against whom the order is made, or to another person), or
pay a local housing authority an amount in respect of a relevant award of universal credit paid (to any person) in respect of rent under the tenancy.
A reference to “an offence to which this Chapter applies” is to an offence, of a description specified in the table, that is committed by a landlord in relation to housing in England let by that landlord. Act section general description of offence 1 Criminal Law Act 1977 section 6(1) violence for securing entry 2 Protection from Eviction Act 1977 section 1(2), (3) or (3A) eviction or harassment of occupiers 2A Housing Act 1988 section 16J(1) Knowingly or recklessly misusing a possession ground 2B section 16J(2) Breach of restriction on letting or marketing dwelling-house 2C section 16J(3) Tenancy reform: continuing breaches 3 Housing Act 2004 section 30(1) failure to comply with improvement notice 4 section 32(1) failure to comply with prohibition order etc 5 section 72(1) offences relating to unlicensed HMOs 6 section 95(1) offences relating to unlicensed houses 7 This Act section 21 breach of banning order
In a case where the offence was committed by a superior landlord—
references in the following provisions of this Chapter to the landlord are to be read as references to the superior landlord, and
housing in relation to which the person in question is a superior landlord is to be treated for the purposes of this Chapter as let by that person.
For the purposes of subsection (3), an offence under section 30(1) or 32(1) of the Housing Act 2004 is committed in relation to housing in England let by a landlord only if the improvement notice or prohibition order mentioned in that section was given in respect of a hazard on the premises let by the landlord (as opposed, for example, to common parts).
A tenant or a local housing authority may apply to the First-tier Tribunal for a rent repayment order against a landlord who has committed an offence to which this Chapter applies.
A tenant may apply for a rent repayment order only if —
the offence relates to housing that, at the time of the offence, was let to the tenant, and
the offence was committed in the period of 2 years ending with the day on which the application is made.
A local housing authority may apply for a rent repayment order only if—
the offence relates to housing in the authority's area, and
the authority has complied with section 42.
The requirement in subsection (2)(a) does not apply to an application for a rent repayment order in relation to an offence under section 16J(1) or (2) of the Housing Act 1988.
In deciding whether to apply for a rent repayment order a local housing authority must have regard to any guidance given by the Secretary of State.
Before applying for a rent repayment order a local housing authority must give the landlord a notice of intended proceedings.
A notice of intended proceedings must—
inform the landlord that the authority is proposing to apply for a rent repayment order and explain why,
state the amount that the authority seeks to recover, and
invite the landlord to make representations within a period specified in the notice of not less than 28 days (“the notice period”).
The authority must consider any representations made during the notice period.
The authority must wait until the notice period has ended before applying for a rent repayment order.
A notice of intended proceedings may not be given after the end of the period of 2 years beginning with the day on which the landlord committed the offence to which it relates.
The First-tier Tribunal may make a rent repayment order if satisfied, beyond reasonable doubt, that a landlord has committed an offence to which this Chapter applies (whether or not the landlord has been convicted).
A rent repayment order under this section may be made only on an application under section 41.
The amount of a rent repayment order under this section is to be determined in accordance with—
section 44 (where the application is made by a tenant);
section 45 (where the application is made by a local housing authority);
section 46 (in certain cases where the landlord has been convicted etc).
section 46A (where an order is made against more than one landlord or there has been a previous order).
Where the First-tier Tribunal decides to make a rent repayment order under section 43 in favour of a tenant, the amount is to be determined in accordance with this section.
The amount must relate to rent paid by, or on behalf of, the tenant in respect of the period mentioned in the table. If the order is made on the ground that the landlord has committed the amount must relate to rent paid by , or on behalf of, the tenant in respect of an offence mentioned in row 1 or 2, 2, 2A or 9 of the table in section 40(3) the period of 2 years ending with the date of the offence an offence mentioned in row 2B of the table in section 40(3) the period of 2 years ending with the date of the offence or, if the tenancy ends before that date, the date on which it ends an offence mentioned in row 3, 4, 5, 6 or 72C, 3, 4, 5, 6, 7, 8 or 10 of the table in section 40(3) a period, not exceeding 2 years, during which the landlord was committing the offence
The amount that the landlord may be required to pay in respect of a period must not exceed—
the rent paid by, or on behalf of, the tenant in respect of that period, less
any relevant award of universal credit paid (to any person) in respect of rent under the tenancy during that period.
In determining the amount the tribunal must, in particular, take into account—
the conduct of the landlord and the tenant,
the financial circumstances of the landlord, ...
the amount of any rent received by the tenant in respect of the period mentioned in the table in relation to the housing let to the tenant,
whether the landlord has at any time been convicted of or received a financial penalty in respect of, an offence to which this Chapter applies , and
whether the landlord has at any time had a rent repayment order made against them.
Where the First-tier Tribunal decides to make a rent repayment order under section 43 in favour of a local housing authority, the amount is to be determined in accordance with this section.
The amount must relate to universal credit paid in respect of the period mentioned in the table. In the order is made on the ground that the landlord has committed the amount must relate to universal credit paid in respect of an offence mentioned in row 1 or 2, 2, 2A or 9 of the table in section 40(3) the period of 2 years ending with the date of the offence an offence mentioned in row 2B of the table in section 40(3) the period of 2 years ending with the date of the offence or, if the tenancy ends before that date, the date on which it ends an offence mentioned in row 3, 4, 5, 6 or 72C, 3, 4, 5, 6, 7, 8 or 10 of the table in section 40(3) a period, not exceeding 2 years, during which the landlord was committing the offence
The amount that the landlord may be required to pay in respect of a period must not exceed the amount of universal credit ... received (directly or indirectly) in respect of rent under the tenancy for that period.
In determining the amount the tribunal must, in particular, take into account—
the conduct of the landlord,
the financial circumstances of the landlord, ...
whether the landlord has at any time been convicted of , or received a financial penalty in respect of, an offence to which this Chapter applies , and
whether the landlord has at any time had a rent repayment order made against them.
Where the First-tier Tribunal decides to make a rent repayment order under section 43 and either of the following conditions are met, the amount is to be the maximum that the tribunal has power to order in accordance with section 44 or 45 (but disregarding subsection (4) of those sections).
Condition 1 is that the order—
is made against a landlord who has been convicted of the offence, or
is made against a landlord who has received a financial penalty in respect of the offence and is made at a time when there is no prospect of appeal against that penalty.
Condition 2 is that the order is made against a landlord in relation to an offence (the “relevant offence”) where the landlord has at any time (whether or not in relation to the same tenancy or housing)—
been convicted of another offence which is the same offence as the relevant offence,
received a financial penalty in respect of another offence which is the same offence as the relevant offence, or
had a rent repayment order made against them in respect of another offence which is the same offence as the relevant offence.
For the purposes of subsection (2)(b) there is “no prospect of appeal”, in relation to a penalty, when the period for appealing the penalty has expired and any appeal has been finally determined or withdrawn.
Nothing in this section requires the payment of any amount that, by reason of exceptional circumstances, the tribunal considers it would be unreasonable to require the landlord to pay.
For the purposes of subsection (3), an offence under section 72(1) of the Housing Act 2004 is to be treated as the same offence as an offence under section 95(1) of that Act (and vice versa).
A rent repayment order made against more than one landlord must provide for the landlords to be jointly and severally liable for the amount due under the order.
If a rent repayment order (“the original order”) has been made in respect of rent under a tenancy and another rent repayment order (“the new order”) is made in respect of rent under the same tenancy, the new order may not require payment to be made in respect of any period in respect of which the original order required payment to be made.
An amount payable to a tenant or local housing authority under a rent repayment order is recoverable as a debt.
An amount payable to a local housing authority under a rent repayment order does not, when recovered by the authority, constitute an amount of universal credit recovered by the authority.
The Secretary of State may by regulations make provision about how local housing authorities are to deal with amounts recovered under rent repayment orders.
If a local housing authority becomes aware that a person has been convicted of an offence to which this Chapter applies in relation to housing in its area, the authority must consider applying for a rent repayment order.
A local housing authority in England may help a tenant to apply for a rent repayment order.
A local housing authority may, for example, help the tenant to apply by conducting proceedings or by giving advice to the tenant.
The Housing Act 2004 is amended as follows.
In section 73 (other consequences of operating unlicensed HMOs: rent repayment orders)—
in subsection (4), after “section 74” insert “ (in the case of an HMO in Wales) or in accordance with Chapter 4 of Part 2 of the Housing and Planning Act 2016 (in the case of an HMO in England) ”;
in subsection (5)(a), after “HMO” insert “ in Wales ”.
In section 96 (other consequences of operating unlicensed houses: rent repayment orders)—
in subsection (4), after “section 97” insert “ (in the case of a house in Wales) or in accordance with Chapter 4 of Part 2 of the Housing and Planning Act 2016 (in the case of a house in England) ”;
in subsection (5)(a), after “house” insert “ in Wales ”.
In this Chapter a reference to universal credit or a relevant award of universal credit includes housing benefit under Part 7 of the Social Security Contributions and Benefits Act 1992.
Where a local authority applies for a rent repayment order in relation to housing benefit, a reference in this Chapter to “rent” includes any payment in respect of which housing benefit may be paid.
In this Chapter—
Section 23
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (see section 8(1) of that Act);
A person who is given a notice of intent may make written representations to the local housing authority about the proposal to impose a financial penalty. Any representations must be made within the period of 28 days beginning with the day after that on which the notice was given (“the period for representations”).
A person to whom a final notice is given may appeal to the First-tier Tribunal against— An appeal under this paragraph must be brought within the period of 28 days beginning with the day after that on which the final notice was sent. If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined or withdrawn. An appeal under this paragraph— On an appeal under this paragraph the First-tier Tribunal may confirm, vary or cancel the final notice. The final notice may not be varied under sub-paragraph (5) so as to make it impose a financial penalty of more than the local housing authority could have imposed.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
paragraphs 42(2), 83 and 84 of Schedule B1 to the Insolvency Act 1986 do not apply,
paragraphs 46(4), 49(4)(a), 54(2)(a), 71(5) and (6), 72(4) and (5) and 86 of that Schedule apply only if the company is subject to a requirement imposed by regulations under section 1043 or 1046 of the Companies Act 2006 (unregistered UK companies or overseas companies), and
paragraph 61 of that Schedule does not apply.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where a housing administration order takes effect in respect of a company— must refrain, during the period specified in sub-paragraph (1A), from performing those functions in the United Kingdom or in relation to any of the company’s property in the United Kingdom. That period is—
sub-paragraphs (2) to (4) were omitted.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in sub-paragraph (1), after “power” there were inserted “in relation to the affairs or business of the company so far as carried on in the United Kingdom or to its property in the United Kingdom”, and
in sub-paragraph (2)(b), after “instrument” there were inserted “or by the law of the place where the company is incorporated”.
Section 25
The Housing Act 2004 is amended as follows.
In section 64 (grant or refusal of HMO licence), in subsection (3), after paragraph (a) insert—.
In section 66 (HMO licence: tests for fitness etc), after subsection (3) insert—
In section 68 (licences: general requirements and duration), in subsection (3)(b), after “section 70” insert “ or 70A ”.
For the heading of section 70 substitute “ Power to revoke licences ”.
After section 70 insert—
In section 88 (grant or refusal of Part 3 licence), in subsection (3), after paragraph (a) insert—.
In section 89 (Part 3 licences: tests for fitness etc), after subsection (3) insert—
In section 91 (licences: general requirements and duration), in subsection (3)(b), after “section 93” insert “ or 93A ”.
For the heading of section 93 substitute “ Power to revoke licences ”.
After section 93 insert—
Schedule 5 (licences under Parts 2 and 3: procedure and appeals) is amended as follows. After paragraph 11 insert— After paragraph 25 insert— After paragraph 32 insert—
Section 26
The Housing Act 2004 is amended as follows.
Section 101 (interim and final management orders) is amended as follows. In subsection (1), at the end insert “ or property let in breach of a banning order under section 16 of the Housing and Planning Act 2016 ”. In subsection (3)(b), omit “the grant of a licence under Part 2 or 3 in respect of the house or”. In subsection (5), after “section 102(7)” insert “ or (7A) ”. After subsection (6) insert—
Section 102 (making of interim management orders) is amended as follows. In subsection (1)(b), for “or (7)” substitute “ , (7) or (7A) ”. After subsection (7) insert— In subsection (9), after “the making of an interim management order” insert “ under subsection (2), (3), (4) or (7) ”.
Section 105 (operation of interim management orders) is amended as follows. After subsection (7) insert— In subsection (8), for “and” substitute “ to ”. After subsection (9) insert—
Section 110 (financial arrangements while order is in force) is amended as follows. In subsection (4), at the beginning insert “ If the interim management order is not made under section 102(7A), ”. After subsection (5) insert—
In section 112 (revocation of interim management orders), after subsection (2) insert—
Section 113 (making of final management orders) is amended as follows. In subsection (1), for “section 102” substitute “ any provision of section 102 other than subsection (7A) of that section ”. After subsection (3) insert— In subsection (4), after “under” insert “ subsection (2), (3), (5) or (6) of ”. After subsection (6) insert—
Section 114 (operation of final management orders) is amended as follows. After subsection (4) insert— In subsection (5), for “and” substitute “ to ”. After subsection (6) insert—
In section 119 (management schemes and accounts), after subsection (4) insert—
In section 122 (revocation of final management orders), after subsection (2) insert—
In section 129 (termination of management orders: financial arrangements), in subsection (2), after “order” insert “ that is not made under section 102(7A) ”.
Schedule 6 (management orders: procedure and appeals) is amended as follows. In paragraph 7(4)(c), for “section 105(4) and (5) or 114(3) and (4)” substitute “ section 105(4), (5) or (7A) or 114(3), (4) or (4A) ”. In paragraph 26, after sub-paragraph (4) insert— In paragraph 30, after sub-paragraph (4) insert—
Section 92
“revenue and customs information relating to a person” has the meaning given by section 19(2) of the Commissioners for Revenue and Customs Act 2005;
Section 171D of the Housing Act 1985 (consent to certain disposals of housing obtained subject to the preserved right to buy) is amended as follows. After subsection (2) insert— In subsection (2A)—
In Schedule 10 to the Leasehold Reform, Housing and Urban Development Act 1993 (acquisition of Interests from Local Authorities etc), in paragraph 1(2)(b), for “sections 148 and 172” substitute “ section 148 ”.
In section 16 of the Defence Act 1842, at the end insert—
In section 21 of the Land Powers (Defence) Act 1958, after subsection (1) insert—
In the Criminal Justice Act 1972 omit section 60.
In section 43 of the Ancient Monuments and Archaeological Areas Act 1979, for subsection (1) substitute—
In section 73(1) of the New Towns Act 1981 omit paragraph (b) (and the “or” before it).
In section 54 of the Housing Act 1985, after subsection (2) insert—
In section 324 of the Town and Country Planning Act 1990 omit subsection (6).
Section 169 of the Water Industry Act 1991 is amended as follows. In subsection (2) omit paragraph (a) (and the “or” at the end of it). In subsection (4), for the words before paragraph (a) substitute “ The powers conferred by this section or section 172 of the Housing and Planning Act 2016 shall not be exercised on behalf of a water undertaker in any case for purposes connected with the determination of— ”.
In the Greater London Authority Act 1999 omit section 333ZD.
In the Localism Act 2011 omit section 210.
The Housing and Regeneration Act 2008 is amended as follows.
In section 115 (profit-making and non-profit organisations), in subsection (9), after “non-profit organisation” insert “ or vice versa ”.
For section 160 substitute—
For section 161 substitute—
For section 163 substitute—
In section 165 (registered society: dissolution), for subsection (2) substitute—
Omit section 166 (winding up petition by regulator).
After section 169 insert—
In section 192 (overview), omit paragraph (c).
Omit sections 211 to 214 and the italic heading before section 211 (constitutional changes to non-profit providers).
The Housing and Regeneration Act 2008 is amended as follows.
Omit—
sections 177 and 178;
the italic heading before section 177.
Section 181 (meaning of “publicly funded” for purposes of provisions about right to acquire) is amended as follows. After subsection (2) insert— In subsection (3), for “2” substitute “ 3 ”. After subsection (3) insert— In subsections (4) and (5), for “3” substitute “ 4 ”. In subsection (6), for “4” substitute “ 5 ”.
Regulations under section 213 in connection with the coming into force of paragraph 33 may, in particular, include provision to preserve the effect of sections 177 and 178 of the Housing and Regeneration Act 2008 for a period in relation to sums in a private registered provider's disposal proceeds fund immediately before that paragraph comes into force (including later interest added under section 177(7) of that Act).
The Housing and Regeneration Act 2008 is amended as follows.
In section 269 (appointment of new officers of non-profit registered providers) in subsection (1)(c), for “proper management of the body's affairs” substitute “ to ensure that the registered provider's affairs are managed in accordance with legal requirements (imposed by or under an Act or otherwise) ”.
“mismanagement”, in relation to the affairs of a registered provider, means managed in breach of any legal requirements (imposed by or under an Act or otherwise);
Section 102
Section 115
The Housing and Regeneration Act 2008 is amended as follows.
Omit section 144 (insolvency: preparatory steps notice).
For section 145 substitute—
Section 146 (duration of moratorium) is amended as follows. For subsections (1) and (2) substitute— Omit subsection (6). For subsection (9) substitute—
Section 147 (further moratorium) is amended as follows. In subsection (1)(b), for “step specified in section 145 is taken” substitute “ notice mentioned in section 145 is given ”. In subsection (2), for “step” substitute “ notice ”.
In section 154 (proposals: effect), in subsection (2), after paragraph (a) insert—.
Omit section 162 (consent to company winding up).
Omit section 164 (consent to registered society winding up).
In section 275 (general interpretation), omit the definition of “working day”.
In section 276 (index of defined terms), omit the entry relating to “working day”.
Section 118
Section 120
Section 126
The Housing Act 2004 is amended as follows.
In section 30 (offence of failing to comply with improvement notice), after subsection (6) insert—
In section 72 (offences in relation to licensing of HMOs), after subsection (7) insert—
In section 95 (offences in relation to licensing of houses under Part 3), after subsection (6) insert—
In section 139 (overcrowding notices), after subsection (9) insert—
In section 234 (management regulations in respect of HMOs), after subsection (5) insert—
After section 249 insert—
After Schedule 13 insert—
Section 136
Section 147
Section 150
Section 158
Section 179
Section 183
Section 190
Section 199
The Compulsory Purchase Act 1965 is amended as follows.
In section 8 (material detriment arising from severance of land etc.), for subsection (1) substitute—
After Schedule 2 insert—
Section 199
The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as follows.
In section 4 (execution of declaration), for subsection (3), substitute—
In section 7 (constructive notice to treat), for subsection (1) substitute—
In section 8 (vesting and the right to enter on and take possession), in subsection (1), for the words before paragraph (a) substitute “ Any land specified in the general vesting declaration, together with the right to enter upon and take possession of it, shall, subject to section 9 below, vest in the acquiring authority on the vesting date in relation to that land as if— ”.
In section 12 (divided land), for “Schedule 1” substitute “ Schedules A1 and 1 ”.
Before Schedule 1 insert—
In Schedule 1 (divided land) omit Part 1 (buildings and gardens etc).
In Schedule 2 (vesting of land in urban development corporation), for paragraph 4 substitute—
In section 5A of the Land Compensation Act 1961 (relevant valuation date), after subsection (5A) (inserted by Schedule 17 to this Act) insert—
In Schedule 6 to the Crossrail Act 2008 (acquisition of land shown within limits on deposited plans), in paragraph 11(3)(b), for “Schedule 1” substitute “ Schedule A1 ”.
Section 206
Section 210
A county council in England.
A district council.
A London borough council.
The Greater London Authority.
An economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009.
A combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.
The London Fire Commissioner.
Transport for London.
A sub-national transport body established under section 102E of the Local Transport Act 2008.
A fire and rescue authority in England constituted by—
a scheme under section 2 of the Fire and Rescue Services Act 2004, or
a scheme to which section 4 of that Act applies.
An authority established under section 10 of the Local Government Act 1985 (joint authority for waste disposal functions).
A joint authority established under Part 4 of the Local Government Act 1985 for an area in England.
The Common Council of the City of London (in its capacity as a local authority).
A National Park authority for a National Park in England.
The Broads Authority.
The Council of the Isles of Scilly.
“property agent” means— other than a person who engages in that work in the course of the person's employment under a contract of employment.
A local housing authority may at any time— The power in sub-paragraph (1) is to be exercised by giving notice in writing to the person to whom the notice was given.
In section 29(1)(a) of the Local Government (Miscellaneous Provisions) Act 1976 omit “or 3”.
In section 125 of the Planning Act 2008, in subsection (3), omit paragraph (c).
“administration order”, “administrator”, “enters administration” and “in administration” are to be read in accordance with Schedule B1 to the Insolvency Act 1986 (disregarding Part 1 of this Schedule), and
Those paragraphs are to have effect as if—
for “administration application”, in each place, there were substituted “ housing administration application ”,
for “administration order”, in each place, there were substituted “ housing administration order ”,
for “administrator”, in each place, there were substituted “ housing administrator ”,
for “enters administration”, in each place, there were substituted “ enters housing administration ”,
for “in administration”, in each place, there were substituted “ in housing administration ”, and
for “purpose of administration”, in each place (other than in paragraph 111(1)), there were substituted “ objectives of the housing administration ”.
For the purposes of this Chapter an amount that a tenant does not pay as rent but which is offset against rent is to be treated as having been paid as rent.
This section applies where—
a landlord which is a body corporate has committed an offence to which this Chapter applies, and
the offence—
was committed with the consent or connivance of a relevant person in relation to the body corporate, or of a person purporting to act in the capacity of a relevant person in relation to the body corporate, or
was a specified offence and was attributable to any neglect on the part of such a person.
That person, as well as the body corporate, is treated for the purposes of this Chapter as having committed the offence.
In this Chapter a reference to the landlord includes that person.
In this section—
A person aggrieved by a decision of the First-tier Tribunal made under this Part may appeal to the Upper Tribunal.
An appeal may not be brought under subsection (1) in relation to a decision on a point of law (as to which see instead section 11 of the Tribunals, Courts and Enforcement Act 2007 (right of appeal to Upper Tribunal)).
An appeal may not be brought under subsection (1) if the decision is set aside under section 9 of the Tribunals, Courts and Enforcement Act 2007 (review of decision of First-tier Tribunal).
An appeal may be brought under subsection (1) only if, on an application made by the person concerned, the First-tier Tribunal or Upper Tribunal has given its permission for the appeal to be brought.
In any case where the Upper Tribunal is determining an appeal under subsection (1), section 12(2) to (4) of the Tribunals, Courts and Enforcement Act 2007 (proceedings on appeal to the Upper Tribunal) apply.
In this Part “letting agent” means a person who engages in letting agency work (whether or not that person engages in other work).
But a person is not a letting agent for the purposes of this Part if the person engages in letting agency work in the course of that person's employment under a contract of employment.
In this Part “letting agency work” means things done by a person in the course of a business in response to instructions received from—
a person (“a prospective landlord”) seeking to find another person to whom to let housing, or
a person (“a prospective tenant”) seeking to find housing to rent.
But “letting agency work” does not include any of the following things when done by a person who does nothing else within subsection (3)—
publishing advertisements or disseminating information;
providing a means by which a prospective landlord or a prospective tenant can, in response to an advertisement or dissemination of information, make direct contact with a prospective tenant or a prospective landlord;
providing a means by which a prospective landlord and a prospective tenant can communicate directly with each other.
In this Part “English letting agency work” means letting agency work that relates to housing in England.
In this Part “property manager” means a person who engages in English property management work.
But a person is not a property manager for the purposes of this Part if the person engages in English property management work in the course of that person's employment under a contract of employment.
In this Part “English property management work” means things done by a person in the course of a business in response to instructions received from another person (“the client”) where—
the client wishes the person to arrange services, repairs, maintenance, improvements or insurance in respect of, or to deal with any other aspect of the management of, premises on the client's behalf, and
the premises consist of housing in England let under a tenancy.
In this Part—
the Common Council of the City of London (in its capacity as a local authority),
“private landlord” means a landlord who is not within section 80(1) of the Housing Act 1985 (the landlord condition for secure tenancies);
Despite the repeal of sections 107D and 107E of the Housing Act 1985 (flexible tenancies: recovery of possession) by paragraph 14 above, those sections continue to apply in relation to a flexible tenancy the term of which ends within the period of 9 months beginning with the day on which paragraph 4 of this Schedule comes fully into force. The amendments made by paragraphs 8 and 9 (which replace references to proceedings for possession under section 107D of the Housing Act 1985) do not apply in relation to such a tenancy.
The Town and Country Planning Act 1990 is amended as follows.
Section 108 of the National Parks and Access to the Countryside Act 1949 is amended as follows. In subsection (1)(a), after “therein” insert “ in relation to land in Scotland ”. After subsection (1) insert—
In section 11(3) of the Compulsory Purchase Act 1965 for “surveying and taking levels” substitute “ surveying, valuing or taking levels ”.
In the Local Government (Miscellaneous Provisions) Act 1976 omit section 15.
In section 289 of the Highways Act 1980, after subsection (1) insert—
In section 14 of the Industrial Development Act 1982 omit subsection (6).
A person may not be authorised under sub-paragraph (1) to enter and survey or value land in England and Wales in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).
In section 64 of the Land Drainage Act 1991, after subsection (1) insert—
Schedule 8 to the Environment Act 1995 is amended as follows. In paragraph 1(2) omit paragraph (b). In paragraph 2(3)—
In the Housing and Regeneration Act 2008 omit sections 17 and 18.
The Secretary of State may by regulations amend any legislation in connection with the compulsory acquisition of land for the purpose of making amendments which correspond to the amendments made by this Schedule. “Legislation” means any provision made by or under an Act passed or made before this Act or in the same Session.
Schedule 4 to the Welsh Development Agency Act 1975 is amended as follows. Omit paragraph 6 and the italic heading before it. In paragraph 9 omit sub-paragraph (a).
In section 2A (the Mayor of London: applications of potential strategic importance), in subsections (1)(a) and (1B), after “planning permission” insert “ or permission in principle ”.
In the heading before section 61W, after “planning permission” insert “ or permission in principle ”.
In section 61W (requirement to carry out pre-application consultation), in subsection (1)(a), after “planning permission” insert “ , or permission in principle, ”.
In section 61X (duty to take account of responses to consultation), in subsection (1)(a) and (b), after “planning permission” insert “ or permission in principle ”.
In section 61Y (power to make supplementary provision), in subsection (1), after “planning permission” insert “ or permission in principle ”.
In the heading before section 62, after “planning permission” insert “ or permission in principle ”.
Section 62 (applications for planning permission) is amended as follows. In the heading and in subsection (1), after “planning permission” insert “ or permission in principle ”. In subsection (7)—
In section 65 (notice etc of applications for planning permission), in the heading and in subsections (1)(a), (3), (5) and (8), after “planning permission” insert “ or permission in principle ”.
In section 69 (register of applications etc), after paragraph (a) of subsection (1) insert—.
Section 70 (determination of applications: general considerations) is amended as follows. In subsection (2), for “such an application” substitute “ an application for planning permission or permission in principle ”. In subsection (2A), for “Subsection (2)(b) does not” substitute “ Subsections (1A), (2)(b) and (2ZZA) to (2ZZC) do not ”.
Section 70A (power to decline to determine subsequent application) is amended as follows. In subsection (5), after paragraph (a) insert—. In subsection (8), for “An application for planning permission is similar” substitute “ Subject to subsection (9), an application is similar ”. After that subsection insert—
Section 70B (power to decline to determine overlapping application) is amended as follows. In subsections (1) and (4A), after “planning permission” insert “ , or permission in principle, ”. In subsection (5) omit “for planning permission”.
In section 70C (power to decline to determine retrospective application), in subsections (1) and (2), after “for planning permission” insert “ or permission in principle ”.
In section 71 (consultation in connection with determinations under section 70), in subsection (1), after “planning permission” insert “ or permission in principle ”.
In section 71A (assessment of environmental effects), in subsection (1), after “planning permission” insert “ , or permission in principle, ”.
Section 74 (directions etc as to method of dealing with applications) is amended as follows. In subsection (1)— In subsection (1B)—
In section 76C (provisions applying to applications made under section 62A), after subsection (2) insert—
In section 76D (deciding applications made under section 62A), in subsection (3), after “planning permission” insert “ or permission in principle ”.
Section 77 (references of applications to Secretary of State) is amended as follows. In subsection (1), after “planning permission” insert “ or permission in principle ”. In subsection (4)—
In section 78 (right of appeal against planning decisions and failure to take such decision), in subsection (1), after paragraph (a) insert—.
Section 78A (appeal made: functions of local planning authorities) is amended as follows. In subsection (1), after “section 78(1)(a)” insert “ or (aa) ”. In subsection (4), for “to grant the application” substitute “ to grant an application mentioned in section 78(1)(a) ”.
Section 79 (determination of appeals) is amended as follows. In subsection (4)— After subsection (6) insert—
In the heading before section 97, after “planning permission” insert “ or permission in principle ”.
Section 97 (power to revoke or modify planning permission) is amended as follows. In the heading, at the end insert “ or permission in principle ”. the authority In subsection (3)(a) and (b), for “where the permission” substitute “ in the case of planning permission that ”. In subsection (4), for “permission” substitute “ planning permission ”.
In section 99 (procedure for section 97 orders: unopposed cases), in subsection (8)(a), after “planning permission” insert “ or permission in principle ”.
In section 106BB (duty to notify the Mayor of London of certain applications under section 106BA), in paragraphs (a), (b) and (c) of subsection (1), for “planning permission” substitute “ permission ”. In this subsection, “permission” means planning permission or permission in principle.
Section 107 (compensation where planning permission revoked or modified) is amended as follows. In the heading, after “planning permission” insert “ or permission in principle ”. In subsection (1)— In subsections (2) and (3), for “this section” substitute “ subsection (1) ”. In subsection (4)— After that subsection insert—
Section 108 (compensation for refusal or conditional grant of planning permission formerly granted by development order etc) is amended as follows. In the heading, after “planning permission” insert “ etc ”. After subsection (2A) insert— In subsection (3), after “planning permission” insert “ , or permission in principle, ”. In subsections (3B)(a) and (3C)(a), after “planning permission” insert “ or permission in principle ”. In subsection (3C)(b), for “planning permission” substitute “ permission ”. In subsection (3C)(d), before “either” insert “ where the development order granted planning permission, ”.
In section 109 (apportionment of compensation for depreciation), in the definition of “relevant planning decision” in subsection (6), for “by which planning permission is refused, or is granted” substitute “ by which planning permission or permission in principle is refused, or by which planning permission is granted ”.
In section 284 (validity of development plans and certain orders, decisions and directions), in subsection (3)(i), after “planning permission” insert “ or permission in principle ”.
In section 286 (challenges to validity on ground of authority's powers), in subsections (1)(a) and (2), after “planning permission” insert “ or permission in principle ”.
In section 293 (application to Crown: definitions), in subsection (2A), after “planning permission” insert “ or permission in principle ”.
Section 293A (urgent Crown development: application) is amended as follows. In subsection (2), after “planning permission” (in both places) insert “ or permission in principle ”. In subsection (4)(a), after “planning permission” insert “ , or (as the case may be) permission in principle, ”.
Section 298A (application for planning permission by Crown) is amended as follows. In the heading, after “planning permission” insert “ etc ”. In subsection (1), after “for planning permission” insert “ , for permission in principle ”.
In section 303 (fees for planning applications etc), in subsection (4), after “planning permission” insert “ or permission in principle ”.
In section 316 (land of interested planning authorities and development by them), for subsection (7) substitute—
In section 322B (local inquiries in London: special provision as to costs in certain cases)— after “planning permission” insert “ or permission in principle ”.
in subsection (1)(a),
in paragraph (a) of the subsection set out in subsection (5), and
in paragraph (a) of the subsection set out in subsection (6),
In section 332 (combined applications), in subsection (1)(a), after “planning permission” insert “ , or permission in principle, ”.
In section 336 (interpretation), subsection (1) is amended as follows. “permission in principle” means permission of the kind referred to in section 58A; At the end of the definition of “planning permission” insert “ but does not include permission in principle ”.
Schedule 1 (local planning authorities: distribution of functions) is amended as follows. In paragraph 3(1)(a), after “planning permission” insert “ or permission in principle ”. In paragraph 4(2), after “application for planning permission” insert “ or permission in principle ”. In paragraphs 7(1), 8(1) and 8(2)(b)(i), 11(1)(a), 16(2)(a) and 18, after “planning permission” insert “ or permission in principle ”.
The applicable provisions of Schedule B1 to the Insolvency Act 1986 are to have effect in relation to a housing administration order that applies to a company as they have effect in relation to an administration order under that Schedule applies to a company, but with the modifications set out in this Part of this Schedule. The applicable provisions of Schedule B1 to the Insolvency Act 1986 are—
In Part 1 of Schedule 6 to the New Towns Act 1981 (modifications of the Compulsory Purchase Act 1965 for the purposes of the New Towns Act 1981), in paragraph 1(2)—
at the end of paragraph (e) omit “and”, and
at the end of paragraph (f) insert;
In Schedule 19 to the Water Resources Act 1991 (orders conferring compulsory works powers), in paragraph 6(1)(b), for “section” substitute “ sections 2A and ”.
“regulations” means regulations made by the Secretary of State;
The Housing Act 1988 is amended as follows.
The Housing and Regeneration Act 2008 is amended as follows.
Paragraph 1 (administration) is to have effect as if—
for sub-paragraph (1) there were substituted—, and
in sub-paragraph (2), for “Act” there were substituted “ Schedule ”.
Section 81 (consent to certain disposals of housing obtained from housing action trusts) is amended as follows. In subsection (1), for “section 79(2)(za) or (a)” substitute “ section 79(2)(a) ”. In subsection (3A)— In subsection (7), omit “section 148 or 172 of the Housing and Regeneration Act 2008,”.
In section 60 (structural overview), in subsection (4), in the final column of the entry relating to Chapter 5 of Part 2 of the Act—
for paragraph (b) (Regulator's consent) substitute—;
omit paragraphs (c), (d) and (g).
Paragraph 40 (dismissal of pending winding-up petition) is to have effect as if sub-paragraphs (1)(b), (2) and (3) were omitted.
Section 133 (consent to certain disposals of housing obtained from local authorities) is amended as follows. In subsection (1ZA)— For subsection (1B) substitute— In subsection (7), omit “section 148 or 172 of the Housing and Regeneration Act 2008,”.
After section 74 insert—
Paragraph 42 (moratorium on insolvency proceedings) is to have effect as if sub-paragraphs (4) and (5) were omitted.
Section 75 (leaving the social housing stock) is amended as follows. Omit subsection (1). In subsections (2) and (3), for “Subsections 1 and (1A) do” substitute “ Subsection (1A) does ”. In the heading, after “stock:” insert “ local authority ”.
Paragraph 44 (interim moratorium) is to have effect as if sub-paragraphs (2) to (4), (6) and (7)(a) to (c) were omitted.
In section 119 (de-registration: voluntary), in subsection (5), omit paragraph (a) and the “and” at the end of that paragraph.
Paragraph 46(6) (date for notifying administrator's appointment) is to have effect as if for paragraphs (a) to (c) there were substituted “ the date on which the housing administration order comes into force ”.
In section 149 (moratorium: exempted disposals)—
omit subsection (6);
in subsection (7), for “6” substitute “ 5 ”;
in subsection (8), for “7” substitute “ 6 ”.
Paragraph 49 (administrator's proposals) is to have effect as if—
in sub-paragraph (2)(b) for “objective mentioned in paragraph 3(1)(a) or (b) cannot be achieved” there were substituted “ objectives of the housing administration should be achieved by means other than just a rescue of the company as a going concern ”, and
in sub-paragraph (4), after paragraph (a) there were inserted—.
In section 171 (power to dispose), in subsection (3), omit “(which include provisions requiring the regulator's consent for certain disposals)”.
Paragraph 54 is to have effect as if the following were substituted for it—
For the italic heading above section 172 substitute— “ Notification of regulator ”.
Paragraph 60 (powers of an administrator) has effect as if after that sub-paragraph (2) there were inserted—
Omit sections 172 to 175 (disposal consents).
Paragraph 68 (management duties of an administrator) is to have effect as if—
for achieving the objectives of the housing administration.
in sub-paragraph (3), for paragraphs (a) to (d) there were substituted “ the directions are consistent with the achievement of the objectives of the housing administration ”.
For section 176 substitute—
Paragraph 73(3) (protection for secured or preferential creditor) is to have effect as if for “or modified” there were substituted “ under paragraph 54 ”.
Omit section 179 and the italic heading before it (application of provisions of the Housing Act 1996 that have a connection with disposal consents.)
Paragraph 74 (challenge to administrator's conduct) is to have effect as if—
for sub-paragraph (2) there were substituted—,
in sub-paragraph (6)—
at the end of paragraph (b) there were inserted “or”, and
paragraph (c) (and the “or” before it) were omitted, and
after that sub-paragraph there were inserted—
In section 186 (former registered providers), for “to 175” substitute “ and 176 (apart from section 176(2)) ”.
Paragraph 75(2) (misfeasance) is to have effect as if after paragraph (b) there were inserted—.
Omit section 187 (change of use, etc).
Paragraph 78 (consent to extension of administrator's term of office) is to have effect as if sub-paragraph (2) were omitted.
Omit section 190 (consent to disposals under other legislation).
Paragraph 79 (end of administration) is to have effect as if—
for sub-paragraphs (1) and (2) there were substituted—, and
sub-paragraph (3) were omitted.
In section 278A (power to nominate for consultation purposes), for paragraph (b) substitute—.
Paragraph 83(3) (notice to registrar when moving to voluntary liquidation) is to have effect as if after “may” there were inserted “ , with the consent of the Secretary of State or of the Regulator of Social Housing, ”.
Paragraph 84 (notice to registrar when moving to dissolution) is to have effect as if—
in sub-paragraph (1), for “to the registrar of companies” there were substituted—,
sub-paragraph (2) were omitted, and
in sub-paragraphs (3) to (6), for “(1)”, in each place, there were substituted “ (1)(b) ”.
Paragraph 87(2) (resignation of administrator) is to have effect as if for paragraphs (a) to (d) there were substituted “ by notice in writing to the court ”.
Paragraph 89(2) (administrator ceasing to be qualified) is to have effect as if for paragraphs (a) to (d) there were substituted “ to the court ”.
Paragraph 90 (filling vacancy in office of administrator) is to have effect as if for “Paragraphs 91 to 95 apply” there were substituted “ Paragraph 91 applies ”.
Paragraph 91 (vacancies in court appointments) is to have effect as if—
for sub-paragraph (1) there were substituted—
sub-paragraph (2) were omitted.
Paragraph 98 (discharge from liability on vacation of office) is to have effect as if sub-paragraphs (2)(b) and (ba), (3) and (3A) were omitted.
Paragraph 99 (charges and liabilities upon vacation of office by administrator) is to have effect as if—
in sub-paragraph (4), for the words from the beginning to “cessation”, in the first place, there were substituted “ A sum falling within sub-paragraph (4A) ”,
after that sub-paragraph there were inserted—
in sub-paragraph (5), for “(4)” there were substituted “ (4A)(a) ”.
Paragraph 100 (joint and concurrent administrators) is to have effect as if sub-paragraph (2) were omitted.
Paragraph 101(3) (joint administrators) is to have effect as if after “87 to” there were inserted “ 91, 98 and ”.
Paragraph 103 (appointment of additional administrators) is to have effect as if—
in sub-paragraph (2) the words from the beginning to “order” were omitted and for paragraph (a) there were substituted—,
after that sub-paragraph there were inserted—, and
sub-paragraphs (3) to (5) were omitted.
Paragraph 106(2) (penalties) is to have effect as if paragraphs (a), (b), (f), (g), (i) and (l) to (n) were omitted.
Paragraph 109 (references to extended periods) is to have effect as if “or 108” were omitted.
Paragraph 111 (interpretation) is to have effect as if—
in sub-paragraph (1), the definitions of “correspondence”, “holder of a qualifying floating charge”, “the purpose of administration” and “unable to pay its debts” were omitted,
“company” and “court” have the same meaning as in Chapter 5 of Part 4 of the Housing and Planning Act 2016, “housing administration application” means an application to the court for a housing administration order under Chapter 5 of Part 4 of the Housing and Planning Act 2016; “housing administration order” has the same meaning as in Chapter 5 of Part 4 of the Housing and Planning Act 2016; “objectives”, in relation to a housing administration, is to be read in accordance with section 96(4) of the Housing and Planning Act 2016; “prescribed” means prescribed by housing administration rules within the meaning of Chapter 5 of Part 4 of the Housing and Planning Act 2016.
sub-paragraphs (1A) and (1B) were omitted, and
after sub-paragraph (3) there were inserted—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the tenancy relates to premises in England,
the unpaid rent condition is met (see section 58),
the landlord has given the warning notices required by section 59, and
no tenant, named occupier or deposit payer has responded in writing to any of those notices before the date specified in the warning notices.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The unpaid rent condition is met if—
rent is payable weekly or fortnightly and at least eight consecutive weeks’ rent is unpaid,
rent is payable monthly and at least two consecutive months’ rent is unpaid,
rent is payable quarterly and at least one quarter’s rent is more than three months in arrears, or
rent is payable yearly and at least three months’ rent is more than three months in arrears.
If the unpaid rent condition has been met and a new payment of rent is made before the notice under section 57 is given, the unpaid rent condition ceases to be met (irrespective of the period to which the new payment of rent relates).
In this section “rent” means rent lawfully due from the tenant.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Before bringing a tenancy to an end under section 57 the landlord must give three warning notices, at different times, in accordance with this section.
The first two warning notices must be given to the following using one of the methods in section 61(2) or (3)—
the tenant,
any named occupiers, and
any deposit payers.
The third warning notice must be given by fixing it to some conspicuous part of the premises to which the tenancy relates.
Each warning notice must explain—
that the landlord believes the premises to have been abandoned,
that the tenant, a named occupier or a deposit payer must respond in writing before a specified date if the premises have not been abandoned, and
that the landlord proposes to bring the tenancy to an end if no tenant, named occupier or deposit payer responds in writing before that date.
The date specified under subsection (4)(b) must be after the end of the period of 8 weeks beginning with the day on which the first warning notice is given to the tenant.
The first warning notice may be given even if the unpaid rent condition is not yet met.
The second warning notice may be given only once the unpaid rent condition has been met.
The second warning notice must be given at least two weeks, and no more than 4 weeks, after the first warning notice.
The third warning notice must be given before the period of 5 days ending with the date specified in the warning notices under subsection (4)(b).
The Secretary of State may make regulations setting out the form that the third warning notice must take.
In this Part—
a person who engages in English property management work within the meaning of section 55,
In Schedule 5 to the Forestry Act 1967, in paragraph 11(3), omit paragraph (b).
Section 5A of the Land Compensation Act 1961 (relevant valuation date) is amended as follows. After subsection (5) insert— In subsection (6), for “Subsection (5) also applies” substitute “ Subsections (5), (5A) and (5B) also apply ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where a tenancy is brought to an end by a notice under section 57 the tenant may apply to the county court for an order reinstating the tenancy if the tenant has a good reason for having failed to respond to the warning notices.
If the county court finds that the tenant had a good reason for failing to respond to the warning notices it may make any order it thinks fit for the purpose of reinstating the tenancy.
An application under this section may not be made after the end of the period of 6 months beginning with the day on which the notice under section 57 is given.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section sets out the methods for giving—
a notice under section 57;
the first or second warning notice under section 59.
The notice may given by delivering it to the tenant, named occupier or deposit payer in person.
If the notice is not delivered to the tenant, named occupier or deposit payer in person it must be given by—
leaving it at, or sending it to, the premises to which the tenancy relates,
leaving it at, or sending it to, every other postal address in the United Kingdom that the tenant, named occupier or deposit payer has given the landlord as a contact address for giving notices,
sending it to every email address that the tenant, named occupier or deposit payer has given the landlord as a contact address for giving notices, and
in the case of a tenant, leaving it at or sending it to every postal address in the United Kingdom of every guarantor, marked for the attention of the tenant.
In subsection (3) “guarantor”, in relation to a tenant, means a person who has agreed with the landlord to guarantee the performance by the tenant of any of the tenant’s obligations under the tenancy.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 30 (1), 32(1), 72(1) or 95(1) of the Housing Act 2004;
Section 173 of the Local Government and Housing Act 1989 (consent to certain disposals of housing obtained from new town corporations) is amended as follows. After subsection (1) insert— In subsection (1A)— In subsection (7), omit “section 148 or 172 of the Housing and Regeneration Act 2008,”.
section 16J (2) or (3) of the Housing Act 1988;
References within sub-paragraph (2) which are contained— include references to whatever corresponds to them for the purposes of this paragraph. The references are those (however expressed) which are or include references to— For the purposes of this paragraph—
In this Part of this Schedule— “administration order”, “administrator”, “enters administration” and “in administration” are to be read in accordance with Schedule B1 to the Insolvency Act 1986 (disregarding Part 1 of this Schedule), and “enters housing administration” and “in housing administration” are to be read in accordance with Schedule B1 to the Insolvency Act 1986 (as applied by Part 1 of this Schedule).
In section 132 of the Land Registration Act 2002 (interpretation), in subsection (1)—
in the definition of “flexible tenancy”, for “107A” substitute “ 115B ”;
in the definition of “relevant social housing tenancy”, after paragraph (a) (but before the “or” at the end) insert—;
“introductory tenancy” has the same meaning as in Chapter 1 of Part 5 of the Housing Act 1996; “secure tenancy” has the meaning given by section 79 of the Housing Act 1985;
In section 160 of the Localism Act 2011 (succession to secure tenancies), omit subsection (6).
Schedule 1A to the Commons Act 2006 (exclusion of right under section 15) is amended as follows. In the first column of the Table, in paragraphs 1 and 2, after “An application for planning permission” insert “ , or permission in principle, ”. In the second column of the Table, in paragraphs 1(c) and 2(c), after “planning permission” insert “ or permission in principle ”.
Paragraph 39, in its application to section 1(3) of the Insolvency Act 1986, does not entitle the housing administrator of an unregistered company to make a proposal under Part 1 of the Insolvency Act 1986 (company voluntary arrangements). Paragraph 39 does not confer any right under section 7(4) of the Insolvency Act 1986 (implementation of voluntary arrangements) for a supervisor of voluntary arrangements to apply for a housing administration order in relation to a company that is a private registered provider. Paragraph 39 does not apply to section 359 of the Financial Services and Markets Act 2000 (administration order).
an Act,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
omit “or” at end of paragraph (b);
at the end of paragraph (d) insert , or.
The Secretary of State may make grants to private registered providers in respect of right to buy discounts.
A grant under this section may be made on any terms and conditions the Secretary of State considers appropriate.
See also section 47 of the Housing and Regeneration Act 2008 (which would allow the Secretary of State to direct the Homes and Communities Agency to use its powers to make grants of the kind mentioned above).
The Greater London Authority may make grants to private registered providers in respect of right to buy discounts for dwellings in London.
A grant under this section may be made on any terms and conditions the Greater London Authority considers appropriate.
The Regulator of Social Housing must, if requested to do so by the Secretary of State, monitor compliance with the home ownership criteria.
“The home ownership criteria” means criteria, specified in the request, that relate to the sale of dwellings by private registered providers to tenants otherwise than in exercise of a right conferred by an Act.
The criteria may be expressed by reference to other documents.
On making a request under subsection (1) the Secretary of State must publish the home ownership criteria specified in the request.
The Regulator must provide such reports or other information as the Secretary of State may request about compliance with the home ownership criteria.
The Secretary of State may publish information about a private registered provider that has not met the home ownership criteria.
Section 35 of the Housing and Regeneration Act 2008 (duty to give financial assistance in respect of certain disposals) is amended as follows.
For subsection (1) substitute—
Omit subsection (2).
In subsection (3), for “(1)(a)” substitute “(1)”.
In subsection (5), omit paragraph (b).
In this Chapter—
The Secretary of State may make a determination requiring a local housing authority in England to make a payment to the Secretary of State in respect of a financial year.
The amount of the payment must represent an estimate of—
the market value of the authority's interest in any higher value housing that is likely to become vacant during the year, less
any costs or other deductions of a kind described in the determination.
For the housing to be taken into account, see section 70.
A determination may only be made in respect of a local housing authority that keeps a Housing Revenue Account.
A determination must set out the method for calculating the amount of the payment.
A determination may, in particular, provide for all or part of the amount to be calculated using a formula.
A determination may provide for assumptions to be made in making a calculation whether or not those assumptions are, or are likely to be, borne out by events.
The Secretary of State must by regulations define “higher value”, in relation to housing, for the purposes of this Chapter.
Regulations under subsection (8) may define “higher value” in different ways for different kinds of housing, different local housing authorities or different areas.
In determining how to define “higher value”, in relation to housing, the Secretary of State may—
use any category of housing that the Secretary of State considers appropriate as a comparator (for example, housing in which a local housing authority has an interest or housing in a particular area);
take into account any other factors that the Secretary of State considers appropriate.
This section is about the housing to be taken into account under section 69(2).
Housing is to be taken into account only if—
it appears in the list in section 74(1) of the Local Government and Housing Act 1989 (Housing Revenue Account), and
it is not excluded by regulations made by the Secretary of State.
Where a local housing authority disposes of housing under section 32 or 43 of the Housing Act 1985 to a private registered provider of social housing the Secretary of State may for the purposes of this Chapter—
treat the local housing authority as still having that housing, and
treat the housing as being likely to become vacant whenever it would have been likely to become vacant if it had not been disposed of.
A determination under section 69 must identify any housing that the Secretary of State has taken into account under subsection (3).
Before making a determination under section 69 that relates to all local housing authorities or a description of local housing authority the Secretary of State must consult such representatives of local government and relevant professional bodies as the Secretary of State thinks appropriate.
Before making a determination under section 69 that relates to a particular local housing authority, the Secretary of State must consult that local housing authority.
As soon as possible after making a determination under section 69 the Secretary of State must send a copy of it to each local housing authority to which it relates.
Section 87(4) to (7) of the Local Government and Housing Act 1989 (electronic communications) applies to a determination under this Chapter as it applies to a determination under Part 6 of that Act.
A consultation requirement imposed by this section may be satisfied by consultation carried out before this Act was passed.
A determination under section 69 must be made before the financial year to which it relates.
But the determination may be varied or revoked by a subsequent determination under that section made before, after or during the financial year to which it relates.
A determination under section 69 may relate to one financial year or to more than one financial year.
A determination under section 69 may make provision about how and when a payment is to be made including, in particular, provision for payments by instalment.
A determination under section 69 may provide for interest to be charged in the event of late payment.
A determination under section 69—
may make different provision for different areas;
may make different provision for different local housing authorities;
may otherwise make different provision for different purposes.
If section 69 comes into force part way through a financial year, then, in relation to that financial year—
a determination under section 69 may be made at any time (despite section 72(1)), but
any reference in section 69 to housing becoming vacant during a financial year is to be read as limited to housing becoming vacant after the determination is made (or, in a case where it is varied in accordance with section 72(2), housing becoming vacant after the original determination in relation to that financial year is made).
The Secretary of State and a local housing authority may enter into an agreement to reduce the amount that the authority is required to pay because of a determination under this Chapter.
The terms and conditions of an agreement must include—
the amount of the reduction mentioned in subsection (1), and
any terms and conditions required by subsection (3) or (4).
Where the agreement is with a local housing authority outside Greater London, it must include terms and conditions requiring the authority to ensure that at least one new affordable home is provided for each old dwelling.
Where the agreement is with a local housing authority in Greater London, it must include terms and conditions requiring the authority to ensure that at least two new affordable homes are provided for each old dwelling.
But if the Greater London Authority has agreed to ensure that a number of the new affordable homes are provided, that number is to be deducted from the number for which the local housing authority must be made responsible by terms and conditions under subsection (4).
The Secretary of State may by regulations create other exceptions to subsection (3) or (4) in relation to one or more local housing authorities.
In this section—
If a determination under this Chapter relates to more than one financial year—
an agreement under this section may be made in relation to the determination so far as it relates to a particular financial year, and
in the definition of “old dwelling” in subsection (7) the reference to the determination is to the determination so far as it relates to the financial year to which the agreement relates.
The Secretary of State may by regulations amend this section so as to change the meaning of “new affordable home”.
Where the Secretary of State is liable to repay an amount that has been overpaid by a local housing authority under section 69, the Secretary of State may set off against the amount of the repayment any amount that the authority is liable to pay the Secretary of State under—
section 69, or
section 11 of the Local Government Act 2003.
A local housing authority in England that keeps a Housing Revenue Account must consider selling its interest in any higher value housing that has become vacant.
The duty in subsection (1) applies only in relation to housing that appears in the list in section 74(1) of the Local Government and Housing Act 1989 (Housing Revenue Account).
The Secretary of State may by regulations exclude housing from the duty in subsection (1).
In discharging its duty under subsection (1) a local housing authority must have regard to any guidance given by the Secretary of State.
The Housing Act 1985 is amended as follows.
In section 34(4A) (consents to disposals and conditions), after paragraph (ca) (but before the “and”) insert—.
In section 43(4A) (consents to disposals and conditions), after paragraph (ca) (but before the “and”) insert—.
Section 11 of the Local Government Act 2003 (use of capital receipts) is amended as follows.
In subsection (5), after “an authority” insert “ in Wales ”.
After subsection (5) insert—
In this Chapter— “becomes vacant”: housing in which a local housing authority has an interest “ becomes vacant ” when a tenancy granted by the authority comes to an end and is not renewed expressly or by operation of law (but see subsection (2)); “financial year” means a period of 12 months beginning with 1 April; “higher value”, in relation to housing, has the meaning given by regulations under section 69; “housing” means a building, or part of a building, which is occupied or intended to be occupied as a dwelling or as more than one dwelling; “Housing Revenue Account” has the meaning given by section 74 of the Local Government and Housing Act 1989; “interest” means a freehold or leasehold interest; “local housing authority” has the meaning given by section 1 of the Housing Act 1985; “tenancy” includes a licence to occupy.
The Secretary of State may by regulations specify circumstances in which housing is to be treated as not having become vacant for the purposes of this Part even if it otherwise would be.
The Secretary of State may by regulations make provision about the levels of rent that an English local housing authority must charge a high income tenant of social housing in England.
The regulations may, in particular, require the rent—
to be equal to the market rate,
to be a proportion of the market rate, or
to be determined by reference to other factors.
The regulations may, in particular, provide for the rent to be different—
for people with different incomes, or
for social housing in different areas.
The regulations may create exceptions for high income tenants of social housing of a specified description.
The regulations may require a local housing authority to have regard to guidance given by the Secretary of State when determining rent in accordance with the regulations.
Regulations under this section are referred to in this Chapter as “rent regulations”.
Rent regulations must—
define what is meant by “high income” for the purposes of this Chapter, and
make provision about how a person's income is to be calculated.
The regulations may, in particular—
define “high income” in different ways for different areas;
specify things that are, or are not, to be treated as income;
make provision about the period by reference to which a person's income is to be calculated (which may be a period in the past);
make provision about how a person's income is to be verified;
require a person's household income (as defined by the regulations) to be taken into account;
require a local housing authority to have regard to guidance given by the Secretary of State when calculating or verifying a person's income.
Rent regulations may give a local housing authority the power to require a tenant to provide information or evidence for the purpose of determining whether the local housing authority is obliged by the regulations to charge a specific level of rent and what that level is.
Rent regulations may require an English local housing authority to charge the maximum rent to a tenant who has failed to comply with a requirement.
Regulations made in reliance on subsection (1) may, in particular, make provision about—
the kind of information or evidence that may be required;
the time within which and the manner and form in which the information or evidence is to be provided.
In subsection (1) “tenant” includes prospective tenant.
In subsection (2) “the maximum rent” means the rent that a local housing authority is required to charge a high income tenant of the premises under section 80 (or, if regulations under section 80(3)(a) provide for different rents for people with different incomes, the rent that a person in the highest income bracket would be required to pay).
HMRC may disclose information for the purpose of enabling a local housing authority to determine whether it is obliged by rent regulations to charge a tenant a specific level of rent and what that level is.
The information may only be disclosed to—
a local housing authority,
the Secretary of State for the purposes of passing the information to local housing authorities,
a public body that has been given the function of passing information between HMRC and local housing authorities by regulations under subsection (3), or
a body with which the Secretary of State has made arrangements for the passing of information between HMRC and local housing authorities.
The Secretary of State may by regulations—
give a public body the function mentioned in subsection (2)(c), and
make provision about the carrying out of that function.
The Secretary of State must obtain HMRC's consent before making—
arrangements under subsection (2)(d), or
regulations under subsection (3).
Information disclosed under this section to the Secretary of State or to a body mentioned in subsection (2)(c) or (d) may be passed on to a local housing authority for which it is intended.
Information disclosed under this section may not otherwise be further disclosed without authorisation from HMRC.
Where a person contravenes subsection (6) by disclosing any revenue and customs information relating to a person whose identity— section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure of such information in contravention of section 20(9) of that Act.
is specified in the disclosure, or
can be deduced from it,
In this section—
“statutory undertaker” means—
Rent regulations may include provision for the purpose of ensuring that where a requirement imposed under section 80(1) ceases to apply, the rent is changed to what it would have been if the requirement had never applied.
Rent regulations may include provision for the purpose of ensuring that where— the rent is changed to what it would have been if section 82(2) had never applied.
a local housing authority is required by section 82(2) to charge the maximum rent because of a tenant's failure to provide information or evidence, and
the tenant subsequently provides the necessary information or evidence,
Rent regulations may give a local housing authority power to change the rent payable under a tenancy for the purpose of complying with the regulations.
Rent regulations may make provision about the procedure for changing rent to comply with the regulations (whether the change is made using a power given by regulations under subsection (1) or otherwise).
Regulations made in reliance on subsection (2) may, in particular—
make provision about the review of decisions to increase rent;
give rights of appeal to the First-tier Tribunal and amend existing rights of appeal.
Regulations under this section may amend any provision made by or under an Act passed before this Act or in the same Session.
Rent regulations may require a local housing authority to make a payment or payments to the Secretary of State in respect of any estimated increase in rental income because of the regulations.
The amount of a payment is to be calculated in accordance with the regulations.
The regulations may provide for deductions to be made to reflect the administrative costs of local authorities in implementing the regulations.
The regulations may provide for interest to be charged in the event of late payment.
The regulations may provide for assumptions to be made in making a calculation, whether or not those assumptions are, or are likely to be, borne out by events.
The regulations may make provision about how and when payments are to be made including, in particular, provision for payments by instalment.
Rent regulations may give the Secretary of State a power to require a local housing authority to provide information in connection with the regulations.
The Secretary of State must use the power in section 24(5) of the Welfare Reform and Work Act 2016 to provide that section 23 of that Act does not apply to a high income tenant of social housing to whom rent regulations apply.
In section 24 of the Housing Act 1985 (rent), after subsection (5) insert—
Item 11: payments under section 86 of the Housing and Planning Act 2016 Any sums payable for the year to the Secretary of State under regulations made in reliance on section 86 of the Housing and Planning Act 2016 (rents for high income social tenants: payment by local authority of increased income to Secretary of State).
A private registered provider of social housing that has a policy about levels of rent for high income social tenants in England must publish that policy.
The policy must include provision for requesting reviews of, or appealing, decisions under the policy.
HMRC may disclose information for the purpose of enabling a private registered provider of social housing to apply any relevant policy about levels of rent for high income social tenants in England.
The information may only be disclosed to—
the private registered provider of social housing,
the Secretary of State for the purposes of passing the information to registered providers,
a public body that has been given the function of passing information between HMRC and registered providers by regulations under subsection (3), or
a body with which the Secretary of State has made arrangements for the passing of information between HMRC and registered providers.
The Secretary of State may by regulations—
give a public body the function mentioned in subsection (2)(c), and
make provision about the carrying out of that function.
The Secretary of State must obtain HMRC's consent before making—
arrangements under subsection (2)(d), or
regulations under subsection (3).
Information disclosed under this section to the Secretary of State or to a body mentioned in subsection (2)(c) or (d) may be passed on to a registered provider for which it is intended.
Information disclosed under this section may not otherwise be further disclosed without authorisation from HMRC.
Where a person contravenes subsection (6) by disclosing any revenue and customs information relating to a person whose identity— section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure of such information in contravention of section 20(9) of that Act.
is specified in the disclosure, or
can be deduced from it,
In this section—
an Act of the Scottish Parliament,
The Secretary of State may by regulations amend this Part of this Schedule so as to add further modifications. The further modifications that may be made are confined to such modifications of— as the Secretary of State considers appropriate in relation to any provision made by or under this Chapter.
In section 58 of the Land Compensation Act 1973 (determination of material detriment where part of house etc. subject to compulsory acquisition)—
in subsection (1) omit “section 8(1) or 34(2) of the Compulsory Purchase Act 1965, or”;
omit subsection (2).
In the Acquisition of Land Act 1981, after section 2 insert—
In this Chapter—
Schedule 4 contains amendments to reduce the regulation of social housing.
The Secretary of State may by regulations make provision for the purpose of limiting or removing the ability of local authorities to exert influence over private registered providers through—
appointing or removing officers of private registered providers;
exercising or controlling voting rights.
The regulations may in particular—
limit the number of officers that a local authority may appoint;
prohibit a local authority from appointing officers;
confer power on a private registered provider to remove officers appointed by a local authority;
prohibit a local authority from doing things that would result in it obtaining voting rights in a private registered provider;
require a local authority to take steps to reduce or get rid of any voting rights that it has in a private registered provider.
Regulations under this section may override or modify any contractual or other rights (whenever created) or anything in a private registered provider's constitution.
Regulations under this section may—
confer a power to amend the constitution of a private registered provider in consequence of provision made by the regulations;
make provision about the procedure for exercising that power.
In this section—
acquired or appropriated by a local authority for planning purposes as defined by section 246(1) of the Town and Country Planning Act 1990;
“statutory undertaking” is to be read in accordance with section 262 of the Town and Country Planning Act 1990 (meaning of “statutory undertakers”).
Section 33 of the Housing and Regeneration Act 2008 (recovery of social housing assistance: interest and successors in title) is amended as follows.
In subsection (6)(b), after “another person” insert “ (“the successor”) ”.
After subsection (6) insert—
In subsection (7) for “that other person” substitute “ the successor ”.
In this Chapter “housing administration order” means an order which—
is made by the court in relation to a private registered provider of social housing that is—
a company,
a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014, or
a charitable incorporated organisation within the meaning of Part 11 of the Charities Act 2011, and
directs that, while the order is in force, the provider's affairs, business and property are to be managed by a person appointed by the court.
The person appointed for the purposes of the housing administration order is referred to in this Chapter as the “housing administrator”.
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A housing administrator has two objectives—
Objective 1: normal administration (see section 97), and
Objective 2: keeping social housing in the regulated sector (see section 98).
Objective 1 takes priority over Objective 2 (but the housing administrator must, so far as possible, work towards both objectives).
It follows that, in pursuing Objective 2, the housing administrator must not do anything that would result in a worse distribution to creditors than would be the case if the administrator did not need to pursue Objective 2.
A reference in this Chapter to the objectives of a housing administration is to the objectives to be pursued by the housing administrator.
Objective 1 is to—
rescue the registered provider as a going concern,
achieve a better result for the registered provider's creditors as a whole than would be likely if the registered provider were wound up (without first being in housing administration), or
realise property in order to make a distribution to one or more secured or preferential creditors.
The housing administrator must aim to achieve Objective 1(a) unless the housing administrator thinks—
that it is not reasonably practicable to achieve it, or
that Objective 1(b) would achieve a better result for the registered provider's creditors as a whole.
The housing administrator may aim to achieve Objective 1(c) only if—
the housing administrator thinks that it is not reasonably practicable to achieve Objective 1(a) or (b), and
the housing administrator does not unnecessarily harm the interests of the registered provider's creditors as a whole.
In pursuing Objective 1(a), (b) or (c) the housing administrator must act in the interests of the registered provider's creditors as a whole so far as consistent with that Objective.
Objective 2 is to ensure that the registered provider's social housing remains in the regulated housing sector.
For this purpose, social housing remains in the regulated housing sector for so long as it is owned by a private registered provider.
An application for a housing administration order may be made only—
by the Secretary of State, or
with the consent of the Secretary of State, by the Regulator of Social Housing.
The applicant for a housing administration order in relation to a registered provider must give notice of the application to—
every person who has appointed an administrative receiver of the provider,
every person who is or may be entitled to appoint an administrative receiver of the registered provider,
every person who is or may be entitled to make an appointment in relation to the registered provider under paragraph 14 of Schedule B1 to the Insolvency Act 1986 (appointment of administrators by holders of floating charges), and
any other persons specified by housing administration rules.
The notice must be given as soon as possible after the making of the application.
In this section “administrative receiver” has
the meaning given by section 251 of the Insolvency Act 1986 for the purposes of Parts 1 to 7 of that Act, ...
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On hearing an application for a housing administration order, the court has the following powers—
it may make the order,
it may dismiss the application,
it may adjourn the hearing conditionally or unconditionally,
it may make an interim order,
it may treat the application as a winding-up petition and make any order the court could make under section 125 of the Insolvency Act 1986 (power of court on hearing winding-up petition), and
it may make any other order which it thinks appropriate.
The court may make a housing administration order in relation to a registered provider only if it is satisfied—
that the registered provider is unable, or is likely to be unable, to pay its debts, or
that, on a petition by the Secretary of State under section 124A of the Insolvency Act 1986, it would be just and equitable (disregarding the objectives of the housing administration) to wind up the registered provider in the public interest.
The court may not make a housing administration order on the ground set out in subsection (2)(b) unless the Secretary of State has certified to the court that the case is one in which the Secretary of State considers (disregarding the objectives of the housing administration) that it would be appropriate to petition under section 124A of the Insolvency Act 1986.
The court has no power to make a housing administration order in relation to a registered provider which—
is in administration under Schedule B1 to the Insolvency Act 1986, or
has gone into liquidation (within the meaning of section 247(2) of the Insolvency Act 1986).
A housing administration order comes into force—
at the time appointed by the court, or
if no time is appointed by the court, when the order is made.
An interim order under subsection (1)(d) may, in particular—
restrict the exercise of a power of the registered provider or of its relevant officers, or
make provision conferring a discretion on a person qualified to act as an insolvency practitioner in relation to the registered provider.
In subsection (6)(a) “relevant officer”—
in relation to a company, means a director,
in relation to a registered society, means a member of the management committee or other directing body of the society, and
in relation to a charitable incorporated organisation, means a charity trustee (as defined by section 177 of the Charities Act 2011).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
within the United Kingdom, or
in relation to the company’s UK affairs, business or property.
For the purposes of this section a registered provider is unable to pay its debts if—
it is deemed to be unable to pay its debts under section 123 of the Insolvency Act 1986, or
it is an unregistered company which is deemed, as a result of any of sections 222 to 224 of the Insolvency Act 1986, to be so unable for the purposes of section 221 of that Act, or which would be so deemed if it were an unregistered company for the purposes of those sections.
The housing administrator of a registered provider—
is an officer of the court, and
in carrying out functions in relation to the registered provider, is the registered provider's agent.
The housing administrator of a registered provider must aim to achieve the objectives of the housing administration as quickly and as efficiently as is reasonably practicable.
A person is not to be the housing administrator of a registered provider unless qualified to act as an insolvency practitioner in relation to the registered provider.
If the court appoints two or more persons as the housing administrator of a registered provider, the appointment must set out—
which (if any) of the functions of a housing administrator are to be carried out only by the appointees acting jointly,
the circumstances (if any) in which functions of a housing administrator are to be carried out by one of the appointees, or by particular appointees, acting alone, and
the circumstances (if any) in which things done in relation to one of the appointees, or in relation to particular appointees, are to be treated as done in relation to all of them.
Schedule 5 contains provision applying the provisions of Schedule B1 to the Insolvency Act 1986, and certain other legislation, to housing administration orders in relation to companies.
The Secretary of State may by regulations provide for any provision of Schedule B1 to the Insolvency Act 1986 or any other insolvency legislation to apply, with or without modifications, to cases where a housing administration order is made in relation a limited liability partnership, to a registered society or a charitable incorporated organisation.
The Secretary of State may by regulations modify any insolvency legislation as it applies in relation a limited liability partnership, to a registered society or a charitable incorporated organisation if the Secretary State considers the modifications are appropriate in connection with any provision made by or under this Chapter.
In subsection (3) “insolvency legislation” means—
the Insolvency Act 1986, or
any other legislation (whenever passed or made) that relates to insolvency or makes provision by reference to anything that is or may be done under the Insolvency Act 1986.
The power to make rules under section 411 of the Insolvency Act 1986 is to apply for the purpose of giving effect to this Chapter as it applies for the purpose of giving effect to Parts 1 to 7 of that Act (and, accordingly, as if references in that section to those Parts included references to this Chapter).
Section 413(2) of the Insolvency Act 1986 (duty to consult Insolvency Rules Committee about rules) does not apply to rules made under section 411 of that Act as a result of this section.
If the housing administrator of a registered provider disposes of land that is the subject of a planning obligation that contains relevant terms, the relevant terms are not binding on the person to whom the land is disposed of or any successor in title.
In this section—
in the case of land in Wales held by a water or sewerage undertaker, the Welsh Ministers, and
“public authority” means a person with functions of a public nature;
This section applies if a person other than the Secretary of State petitions for the winding-up of a registered provider that is—
a company,
a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014, or
a limited liability partnership,
a charitable incorporated organisation within the meaning of Part 11 of the Charities Act 2011.
The court may not exercise its powers on a winding-up petition unless—
notice of the petition has been given to the Regulator of Social Housing and a period of at least 28 days has elapsed since that notice was given, or
the Regulator of Social Housing has waived the notice requirement in paragraph (a).
If an application for a housing administration order in relation to the registered provider is made to the court in accordance with section 99 before a winding-up order is made on the petition, the court may exercise its powers under section 100 (instead of exercising its powers on the petition).
A notice under subsection (2) must—
be given in writing,
be signed by, or on behalf of, the petitioner,
specify the date the petition was presented, and
contain a copy of the petition.
The Regulator of Social Housing must give the Secretary of State a copy of any notice given under subsection (2)(a).
Subsection (2C) applies if a person gives a notice purporting to be a notice under subsection (2) but which does not meet the requirements of any (or all) of paragraphs (b), (c) or (d) of subsection (2A).
The Regulator of Social Housing may waive the notice requirement under subsection (2)(a) only with the consent of the Secretary of State.
The Regulator of Social Housing may, by notice in writing to the petitioner, treat the purported notice as notice given under subsection (2)(a) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).
References in this section to the court's powers on a winding-up petition are to—
its powers under section 125 of the Insolvency Act 1986 (other than its power of adjournment), and
its powers under section 135 of the Insolvency Act 1986.
This section applies to a private registered provider that is—
a company,
a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014, or
a limited liability partnership,
a charitable incorporated organisation within the meaning of Part 11 of the Charities Act 2011.
The registered provider has no power to pass a resolution for voluntary winding up without the permission of the court.
Permission may be granted by the court only on an application made by the registered provider.
The court may not grant permission unless—
notice of the application has been given to the Regulator of Social Housing and a period of at least 28 days has elapsed since that notice was given, or
the Regulator of Social Housing has waived the notice requirement in paragraph (a).
If an application for a housing administration order in relation to the registered provider is made to the court in accordance with section 99 after an application for permission under this section has been made and before it is granted, the court may exercise its powers under section 100.
A notice under subsection (4) must—
be given in writing,
be signed by, or on behalf of, the registered provider,
specify the date the application was made, and
contain a copy of the application.
The Regulator of Social Housing must give the Secretary of State a copy of any notice given under subsection (4)(a).
Subsection (4C) applies if a person gives a notice purporting to be a notice under subsection (4) but which does not meet the requirements of any (or all) of paragraphs (b), (c) or (d) of subsection (4A).
The Regulator of Social Housing may waive the notice requirement under subsection (4)(a) only with the consent of the Secretary of State.
The Regulator of Social Housing may, by notice in writing to the registered provider, treat the purported notice as notice given under subsection (4)(a) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).
In this section “a resolution for voluntary winding up” has the same meaning as in the Insolvency Act 1986.
This section applies if a person other than the Secretary of State makes an ordinary administration application in relation to a private registered provider that is—
a company, ...
a charitable incorporated organisation within the meaning of Part 11 of the Charities Act 2011.
a limited liability partnership, or
The court must dismiss the application if—
a housing administration order is in force in relation to the registered provider, or
a housing administration order has been made in relation to the registered provider but is not yet in force.
If subsection (2) does not apply, the court, on hearing the application, must not exercise its powers under paragraph 13 of Schedule B1 to the Insolvency Act 1986 (other than its power of adjournment) unless—
either—
notice of the application has been given to the Regulator of Social Housing and a period of at least 28 days has elapsed since that notice was given, or
the Regulator of Social Housing has waived the notice requirement in sub-paragraph (i), and
there is no application for a housing administration order which is outstanding.
The Regulator of Social Housing must give the Secretary of State a copy of any notice given under subsection (3)(a).
A notice under subsection (3) must—
be given in writing,
be signed by, or on behalf of, the person who made the ordinary administration application,
specify the date the application was made, and
contain a copy of the application.
Paragraph 44 of Schedule B1 to the Insolvency Act 1986 (interim moratorium) does not prevent, or require the permission of the court for, the making of an application for a housing administration order.
Subsection (3C) applies if a person gives a notice purporting to be a notice under subsection (3) but which does not meet the requirements of any (or all) of paragraphs (b), (c) or (d) of subsection (3A).
On the making of a housing administration order in relation to a registered provider, the court must dismiss any ordinary administration application made in relation to the registered provider which is outstanding.
The Regulator of Social Housing may, by notice in writing to the person who made the ordinary administration application, treat the purported notice as notice given under subsection (3)(a)(i) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).
The Regulator of Social Housing may waive the notice requirement under subsection (3)(a)(i) only with the consent of the Secretary of State.
In this section “ordinary administration application” means an application in accordance with paragraph 12 of Schedule B1 to the Insolvency Act 1986.
Subsections (2) to (4) make provision about appointments under paragraph 14 or 22 of Schedule B1 to the Insolvency Act 1986 (powers to appoint administrators) in relation to a private registered provider that is—
a company, ...
a charitable incorporated organisation within the meaning of Part 11 of the Charities Act 2011.
a limited liability partnership, or
If in any case— a person may not take any step to make an appointment.
a housing administration order is in force in relation to the registered provider,
a housing administration order has been made in relation to the registered provider but is not yet in force, or
an application for a housing administration order in relation to the registered provider is outstanding,
In any other case, an appointment takes effect only if each of the following conditions are met.
The conditions are—
either—
that notice of the appointment has been given to the Regulator of Social Housing ... and that a period of 28 days has elapsed since that notice was given, or
that the Regulator of Social Housing has waived the notice requirement in sub-paragraph (i),
that there is no outstanding application to the court for a housing administration order in relation to the registered provider, and
that the making of an application for a housing administration order in relation to the registered provider has not resulted in the making of a housing administration order which is in force or is still to come into force.
The Regulator of Social Housing must give the Secretary of State a copy of any notice given under subsection (4)(a) ....
A notice under subsection (4) must—
be given in writing,
be signed by, or on behalf of, the person making the appointment,
specify the date the appointment was made, and
contain copies of every document in relation to the appointment that is filed or lodged with the court in accordance with paragraph 18 or 29 of Schedule B1 to the Insolvency Act 1986.
The Regulator of Social Housing may waive the notice requirement under subsection (4)(a)(i) only with the consent of the Secretary of State.
Subsection (4C) applies if a person gives a notice purporting to be a notice under subsection (4) but which does not meet the requirements of any (or all) of paragraphs (b), (c) or (d) of subsection (4A).
Paragraph 44 of Schedule B1 to the Insolvency Act 1986 (interim moratorium) does not prevent, or require the permission of the court for, the making of an application for a housing administration order at any time before the appointment takes effect.
The Regulator of Social Housing may, by notice in writing to the person making the appointment, treat the purported notice as notice given under subsection (4)(a)(i) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).
This section applies in relation to a private registered provider ...
a company,
a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014, or
a charitable incorporated organisation within the meaning of Part 11 of the Charities Act 2011
A person may not take any step to enforce a security over property of the registered provider unless—
notice of the intention to do so has been given to the Regulator of Social Housing and a period of at least 28 days has elapsed since the notice was given, or
the Regulator of Social Housing has waived the notice requirement in paragraph (a).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A notice under subsection (2) must—
be given in writing, and
be signed by, or on behalf of, the person intending to enforce the security.
The Regulator of Social Housing must give the Secretary of State a copy of any notice given under subsection (2)(a).
Subsection (2C) applies if a person gives a notice purporting to be a notice under subsection (2) but which does not meet the requirement of paragraph (b) of subsection (2A).
The Regulator of Social Housing may waive the notice requirement under subsection (2)(a) only with the consent of the Secretary of State.
The Regulator of Social Housing may, by notice in writing to the person intending to enforce the security, treat the purported notice as notice given under subsection (2)(a) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).
In the case of a registered provider that is a charity registered under the Charities Act 2011 which is not a body corporate, the reference to the property of the registered provider is to the property held on the trusts of the charity (and for this purpose “trusts” has the same meaning as in the Charities Act 2011, see section 353 of that Act).
If a housing administration order has been made in relation to a registered provider, the Secretary of State may make grants or loans to the registered provider of such amounts as appear to the Secretary of State appropriate for achieving the objectives of the housing administration.
A grant under this section may be made on any terms and conditions the Secretary of State considers appropriate (including provision for repayment, with or without interest).
If a housing administration order has been made in relation to a registered provider, the Secretary of State may agree to indemnify persons in respect of one or both of the following—
liabilities incurred in connection with the carrying out of functions by the housing administrator, and
loss or damage sustained in that connection.
The agreement may be made in whatever manner, and on whatever terms, the Secretary of State considers appropriate.
As soon as practicable after agreeing to indemnify persons under this section, the Secretary of State must lay a statement of the agreement before Parliament.
For repayment of sums paid by the Secretary of State in consequence of an indemnity agreed to under this section, see section 111.
The power of the Secretary of State to agree to indemnify persons—
is confined to a power to agree to indemnify persons in respect of liabilities, loss and damage incurred or sustained by them as relevant persons, but
includes power to agree to indemnify persons (whether or not they are identified or identifiable at the time of the agreement) who subsequently become relevant persons.
The following are relevant persons for the purposes of this section—
the housing administrator,
an employee of the housing administrator,
a partner or employee of a firm of which the housing administrator is a partner,
a partner or employee of a firm of which the housing administrator is an employee,
a partner of a firm of which the housing administrator was an employee or partner at a time when the order was in force,
a body corporate which is the employer of the housing administrator,
an officer, employee or member of such a body corporate, and
a Scottish firm which is the employer of the housing administrator or of which the housing administrator is a partner.
For the purposes of subsection (6)—
references to the housing administrator are to be read, where two or more persons are appointed as the housing administrator, as references to any one or more of them, and
references to a firm of which a person was a partner or employee at a particular time include a firm which holds itself out to be the successor of a firm of which the person was a partner or employee at that time.
This section applies where a sum is paid out by the Secretary of State in consequence of an indemnity agreed to under section 110 in relation to the housing administrator of a registered provider.
The registered provider must pay the Secretary of State—
such amounts in or towards the repayment to the Secretary of State of that sum as the Secretary of State may direct, and
interest on amounts outstanding under this subsection at such rates as the Secretary of State may direct.
The payments must be made by the registered provider at such times and in such manner as the Secretary of State may determine.
Subsection (2) does not apply in the case of a sum paid by the Secretary of State for indemnifying a person in respect of a liability to the registered provider.
The Secretary of State must lay before Parliament a statement, relating to the sum paid out in consequence of the indemnity—
as soon as practicable after the end of the financial year in which the sum is paid out, and
if subsection (2) applies to the sum, as soon as practicable after the end of each subsequent financial year in relation to which the repayment condition has not been met.
The repayment condition is met in relation to a financial year if—
the whole of the sum has been repaid to the Secretary of State before the beginning of the year, and
the registered provider was not at any time during the year liable to pay interest on amounts that became due in respect of the sum.
If a housing administration order has been made in relation to a registered provider the Secretary of State may guarantee—
the repayment of any sum borrowed by the registered provider while that order is in force,
the payment of interest on any sum borrowed by the registered provider while that order is in force, and
the discharge of any other financial obligation of the registered provider in connection with the borrowing of any sum while that order is in force.
The Secretary of State may give the guarantees in whatever manner, and on whatever terms, the Secretary of State considers appropriate.
As soon as practicable after giving a guarantee under this section, the Secretary of State must lay a statement of the guarantee before Parliament.
For repayment of sums paid by the Secretary of State under a guarantee given under this section, see section 113.
This section applies where a sum is paid out by the Secretary of State under a guarantee given by the Secretary of State under section 112 in relation to a registered provider.
The registered provider must pay the Secretary of State—
such amounts in or towards the repayment to the Secretary of State of that sum as the Secretary of State may direct, and
interest on amounts outstanding under this subsection at such rates as the Secretary of State may direct.
The payments must be made by the registered provider at such times, and in such manner, as the Secretary of State may from time to time direct.
The Secretary of State must lay before Parliament a statement, relating to the sum paid out under the guarantee—
as soon as practicable after the end of the financial year in which the sum is paid out, and
as soon as practicable after the end of each subsequent financial year in relation to which the repayment condition has not been met.
The repayment condition is met in relation to a financial year if—
the whole of the sum has been repaid to the Secretary of State before the beginning of the year, and
the registered provider was not at any time during the year liable to pay interest on amounts that became due in respect of the sum.
The power to modify or apply enactments conferred on the Secretary of State by each of the sections of the Enterprise Act 2002 mentioned in subsection (2) includes power to make such consequential modifications of this Chapter as the Secretary of State considers appropriate in connection with any other provision made under that section.
Those sections are—
sections 248 and 277 of the Enterprise Act 2002 (amendments consequential on that Act), and
section 254 of the Enterprise Act 2002 (power to apply insolvency law to foreign companies).
Schedule 6 contains amendments to do with this Chapter.
In this Chapter—
“reporting period” means the period (not exceeding 12 months) specified by or determined in accordance with regulations.
an Act,
In this Chapter references to the housing administrator of a registered provider—
include a person appointed under paragraph 91 or 103 of Schedule B1 to the Insolvency Act 1986, as applied by Part 1 of Schedule 5 to this Act or regulations under section 102, to be the housing administrator of the registered provider, and
if two or more persons are appointed as the housing administrator of the registered provider, are to be read in accordance with the provision made under section 101.
References in this Chapter to a person qualified to act as an insolvency practitioner in relation to a registered provider are to be read in accordance with Part 13 of the Insolvency Act 1986, but as if references in that Part to a company included a company registered under the Companies Act 2006 in Northern Ireland.
For the purposes of this Chapter an application made to the court is outstanding if it—
has not yet been granted or dismissed, and
has not been withdrawn.
An application is not to be taken as having been dismissed if an appeal against the dismissal of the application, or a subsequent appeal, is pending.
An appeal is to be treated as pending for this purpose if—
an appeal has been brought and has not been determined or withdrawn,
an application for permission to appeal has been made but has not been determined or withdrawn, or
no appeal has been brought and the period for bringing one is still running.
References in this Chapter to a provision of the Insolvency Act 1986 (except the references in subsection (2) above)—
in relation to a company, are to that provision without the modifications made by Part 1 of Schedule 5 to this Act,
in relation to a registered society, are to that provision as it applies to registered societies otherwise than by virtue of regulations under section 102 (if at all), and
in relation to a limited liability partnership, are to that provision as it applies to limited liability partnerships otherwise than by virtue of regulations under section 102 (if at all),
in relation to a charitable incorporated organisation, are to that provision as it applies to charitable incorporated organisations otherwise than by virtue of regulations under section 102 (if at all).
This section makes provision about the application of this Chapter to Northern Ireland.
Any reference to any provision of the Insolvency Act 1986 is to have effect as a reference to the corresponding provision of the Insolvency (Northern Ireland) Order 1989.
Section 116(3) is to have effect as if the reference to Northern Ireland were to England and Wales or Scotland.
Schedule 7 changes the law about secure tenancies, introductory tenancies and demoted tenancies to phase out tenancies for life.
The Housing Act 1985 is amended as follows.
In section 82 (security of tenure)—
before subsection (1) insert—
in subsection (1)(b), for “but” substitute “ , other than one to which subsection (A1) applies, that is ”;
in subsection (2), after “subsection” insert “ (A1)(a) or ”.
In section 83 (proceedings for possession), in subsection (A1), for “82(1A)” substitute “ 82(A1) or (1A) ”.
Schedule 8 changes the law about succession to secure tenancies, introductory tenancies and demoted tenancies.
The Localism Act 2011 is amended as follows.
In section 158 of the Localism Act 2011 (secure and assured tenancies: transfer of tenancy)—
in subsection (3)(a), for “not a flexible tenancy” substitute “ an old-style secure tenancy ”;
in subsection (4)(a), for “is a flexible tenancy” substitute “ is not an old-style secure tenancy ”;
omit subsection (6);
in subsection (7), for “fifth” substitute “ fourth ”;
for subsections (8) and (9) substitute—
In section 159 (interpretation of section 158 etc), in subsection (6), omit paragraph (b).
The Secretary of State may by regulations impose duties on a ... landlord of residential premises in England to whom this section applies for the purposes of ensuring that electrical safety standards are met during any period when the premises are occupied under a tenancy.
“Electrical safety standards” means standards specified in, or determined in accordance with, the regulations in relation to—
the installations in the premises for the supply of electricity, or
electrical fixtures, fittings or appliances provided by the landlord.
This section applies to a landlord who is—
a private landlord, or
a registered provider of social housing.
The duties imposed on the landlord may include duties to ensure that a qualified person has checked that the electrical safety standards are met.
The regulations may make provision about—
how and when checks are carried out;
who is qualified to carry out checks.
The regulations may require the landlord—
to obtain a certificate from the qualified person confirming that electrical safety standards are met, and
to give a copy of a certificate to the tenant, or a prospective tenant, or any other person specified in the regulations.
In this section—
Regulations under section 122 may provide for covenants to be implied into a tenancy.
Regulations under that section—
may make provision about the enforcement of a duty imposed by the regulations;
may confer functions on a local housing authority in England.
The provision that may be made about enforcement includes provision—
requiring a landlord who fails to comply with a duty imposed by the regulations to pay a financial penalty (or more than one penalty in the event of a continuing failure);
conferring power on a local housing authority to arrange for a person to enter on the premises, with the consent of the tenant, to remedy any failure by the landlord to comply with a duty imposed by the regulations.
The provision that may be made in reliance on subsection (3)(a) includes provision—
about the procedure to be followed in imposing penalties;
about the amount of penalties;
conferring rights of appeal against penalties;
for the enforcement of penalties;
about the application of sums paid by way of penalties (and such provision may permit or require the payment of sums into the Consolidated Fund).
The provision that may be made in reliance on subsection (3)(b) includes provision—
about procedural matters;
enabling a local housing authority to recover from the landlord any costs incurred by it in remedying the failure;
about the application of costs recovered (and such provision may permit or require the payment of sums into the Consolidated Fund).
In this section “local housing authority” has the meaning given by section 1 of the Housing Act 1985.
In section 8 of the Housing Act 1985 (periodical review of housing needs), after subsection (2) insert—
In the Housing Act 2004 omit sections 225 and 226 (accommodation needs of gypsies and travellers).
The Housing Act 2004 is amended as follows.
In section 63 (application for licences: houses in multiple occupation), in subsection (6)(c), after “information” insert “ or evidence ”.
In section 66 (tests for fitness and satisfactory management arrangements: houses in multiple occupation)—
after subsection (1) insert—;
in subsection (2), in paragraph (c), after “tenant law” insert “ (including Part 3 of the Immigration Act 2014) ”;
after subsection (3) insert—
In section 70 (revocation of licences), in subsection (2), in the words after paragraph (c)—
for “Section 66(1) applies” substitute “ Section 66(1) and (1A) apply ”;
for “it applies” substitute “ they apply ”.
In section 87 (application for licences: certain other houses), in subsection (6)(c) after “information” insert “ or evidence ”.
In section 89 (tests for fitness and satisfactory management arrangements: certain other houses)—
after subsection (1) insert—;
in subsection (2), in paragraph (c), after “tenant law” insert “ (including Part 3 of the Immigration Act 2014) ”;
after subsection (3) insert—
In section 93, in subsection (2), in the words after paragraph (c)—
for “Section 89(1) applies” substitute “ Section 89(1) and (1A) apply ”;
for “it applies” substitute “ they apply ”.
Schedule 9 amends the Housing Act 2004 to allow financial penalties to be imposed as an alternative to prosecution for certain offences.
Section 139 of the Housing Act 2004 (overcrowding notices) is amended as follows.
In subsection (7), omit “and is liable on summary conviction to a fine not exceeding level 4 on the standard scale”.
After subsection (7) insert—
The Housing Act 2004 is amended as follows.
In section 212 (tenancy deposit schemes), after subsection (6) insert—
After section 212 insert—
In section 250(6) (affirmative instruments), after paragraph (b) insert—.
The Housing Act 2004 is amended as follows.
In section 237 (use of information obtained for certain other statutory purposes) after subsection (2) insert—
In section 250(6) (affirmative instruments), after paragraph (c) insert—.
After section 29 of the Landlord and Tenant Act 1985 insert—
In Schedule 11 to the Commonhold and Leasehold Reform Act 2002 (administration charges), after paragraph 5 insert—
Before section 25 of the Estate Agents Act 1979 insert—
In section 26(1) of that Act (enforcement authorities), in paragraph (c), for “Department of Commerce for Northern Ireland” substitute “ Department of Enterprise, Trade and Investment in Northern Ireland ”.
“the lead enforcement authority” has the meaning given by section 24A;
In paragraph 13(9) of Schedule 5 to the Consumer Rights Act 2015 (powers under Part 3 of that Schedule to be exercisable for the purposes of certain functions of the lead enforcement authority) after “Great Britain” insert “ , the Department of Enterprise, Trade and Investment in Northern Ireland or the Secretary of State ”.
The Secretary of State may by regulations require a property agent to be a member of—
a client money protection scheme approved by the Secretary of State for the purpose of the regulations, or
a government administered client money protection scheme that is designated by the Secretary of State for the purpose of the regulations.
The regulations may impose requirements about the nature of the membership that a property agent must obtain (for example, by requiring a property agent to obtain membership that results in a particular level of compensation being available).
The regulations shall—
require a property agent to obtain a certificate confirming the property agent's membership of the scheme;
require the property agent to display or publish the certificate in accordance with the regulations;
require the property agent to produce a copy of the certificate, on request, in accordance with the regulations.
In this section—
The Secretary of State may by regulations make provision about the approval or designation of client money protection schemes for the purposes of regulations under section 133.
The regulations may, in particular, make provision about—
the making of applications for approval,
conditions which must be satisfied before approval may be given or a scheme may be designated;
conditions which must be complied with by administrators of approved or designated client money protection schemes (including conditions requiring the issue of certificates for the purposes of regulations under section 133(3) and about the form of those certificates);
the withdrawal of approval or revocation of a designation.
Regulations under this section may confer a discretion on the Secretary of State in connection with—
the approval or designation of a client money protection scheme,
conditions which must be complied with by the administrator of such a scheme,
the amendment of such a scheme, or
the withdrawal of approval or revocation of designation of such a scheme.
The Secretary of State may by regulations make provision about the enforcement of a duty imposed by regulations under section 133.
The regulations may—
confer functions on a local authority in England;
require a property agent who fails to comply with a duty imposed by regulations under 133 to pay a financial penalty (or more than one penalty in the event of a continuing failure).
The provision that may be made under subsection (2)(a) includes provision requiring a local authority in England, when carrying out functions under the regulations, to have regard to guidance given by the Secretary of State or the lead enforcement authority (if not the Secretary of State).
The provision that may be made under subsection (2)(b) includes provision—
about the procedure to be followed in imposing penalties;
about the amount of penalties;
conferring rights of appeal against penalties;
for the enforcement of penalties;
authorising a local authority in England to use sums paid by way of penalties for the purposes of any of its functions (whether or not the function is expressed to be a function of a local weights and measures authority).
In this section “local authority in England” means a local weights and measures authority in England.
a district council,
a county council for an area for which there is no district council,
a London borough council,
the Common Council of the City of London, or
the Council of the Isles of Scilly.
For provisions about enforcement of regulations under section 133 or 134 or under this section by the lead enforcement authority, see sections 24 to 26 of the Tenant Fees Act 2019.
In this section “lead enforcement authority” has the meaning given by section 24(1) of the Tenant Fees Act 2019.
Schedule 10 changes the method of calculating certain amounts under—
the Leasehold Reform Act 1967, and
the Leasehold Reform, Housing and Urban Development Act 1993.
The Rentcharges Act 1977 is amended as follows.
In section 9(4)(a), after “in accordance with” insert “ regulations under ”.
In section 10, for subsection (1) substitute—
In section 12(2), after “such” insert “ transitional, ”.
The amendments made by this section apply in relation to cases where— as well as to cases involving an application for a redemption certificate made after this Act is passed.
an application for a redemption certificate is made under section 8 of the Rentcharges Act 1977 before this Act is passed, but
the instructions for redemption have not been served on the applicant under section 9(4) of the Rentcharges Act 1977 before this Act is passed,
The Rentcharges Act 1977 is amended in accordance with subsections (2) to (5).
Before section 8 (but after the italic heading before section 8) insert—
In section 8—
in subsection (1)—
after “land” insert “ in Wales ”;
for the words from “a certificate” to the end substitute “ a redemption certificate ”;
after subsection (1) insert—
In section 12—
in subsection (1), after “this Act” insert “ , apart from regulations under section 7A, ”;
after subsection (1) insert—
In section 13(1), in the definition of “redemption certificate”, for the words from “has” to the end substitute “ means a certificate certifying that a rentcharge has been redeemed ”.
The Leasehold Reform Act 1967 is amended in accordance with subsections (7) and (8).
In section 8(4)(b), for “8” substitute “ 7A ”.
In section 11—
in subsection (6), after “1977” insert “ or the amount that would have to be paid to secure the redemption of that rentcharge in accordance with regulations made under section 7A of that Act ”;
in subsection (7)(a), after “specified” insert “ or required ”;
in subsection (8), for “8” substitute “ 7A ”.
In section 61G of the Town and Country Planning Act 1990 (meaning of “neighbourhood area”), after subsection (11) insert—
In Schedule 4B to the Town and Country Planning Act 1990 (process for making of neighbourhood development orders), after paragraph 13 insert—
In section 61E of that Act (neighbourhood development orders), in subsection (4)(b), after “as soon as reasonably practicable after the referendum is held” insert “ and, in any event, by such date as may be prescribed ”.
In section 38A of the Planning and Compulsory Purchase Act 2004 (meaning of “neighbourhood development plan”), in subsection (4)(b), after “as soon as reasonably practicable after the referendum is held” insert “ and, in any event, by such date as may be prescribed ”.
In Schedule 4B to the Town and Country Planning Act 1990, before paragraph 14 insert—
In paragraph 14 of that Schedule (referendum), in sub-paragraph (1), after “as a result of paragraph 12(4)” insert “ or a direction under paragraph 13B(2)(a) ”.
In section 61N of that Act (legal challenges in relation to neighbourhood development orders), in subsection (2), before “only if” insert “ or paragraph 13B of that Schedule (intervention powers of Secretary of State) ”.
In Schedule 1 to the Town and Country Planning Act 1990 (local planning authorities: distribution of functions), after paragraph 8 insert—
In section 15 of the Planning and Compulsory Purchase Act 2004 (local development scheme), before subsection (4) insert—
In subsections (4) and (8AA) of that section, for “effective coverage” substitute “ full and effective coverage (both geographically and with regard to subject matter) ”.
In subsections (4A)(a), (5), (6), (6A) and (6B)(a) of that section, after “under subsection” insert “ (3A) or ”.
In section 20 of the Planning and Compulsory Purchase Act 2004 (independent examination), after subsection (6) insert—
In section 21 of the Planning and Compulsory Purchase Act 2004 (intervention by Secretary of State), in subsection (3), after “if” insert “ or to the extent that ”.
In subsection (5) of that section—
in paragraph (a), after “until the Secretary of State gives his decision” insert “ , or withdraws the direction ”;
for paragraph (b) substitute—;
in paragraph (c), for “he” substitute “ , and is not withdrawn before those recommendations are made, the person ”;
for paragraph (d) substitute—
After that subsection insert—
At the end of that section insert—
After that section insert—
For section 27 of the Planning and Compulsory Purchase Act 2004 substitute—
After section 27 of the Planning and Compulsory Purchase Act 2004 insert—
Before Schedule 1 to that Act insert, as Schedule A1, the Schedule set out in Schedule 11 to this Act.
In section 17 of that Act (local development documents), at the end of subsection (8) insert—
Section 303A of the Town and Country Planning Act 1990 (responsibility of local planning authorities for costs of holding certain inquiries etc) is amended as follows.
In subsection (1A), after “section 20” insert “ , 21(5)(b), 27(3)(a) ”.
For subsection (9A) substitute—
In section 2A of the Town and Country Planning Act 1990 (power of Mayor of London to decide applications of potential strategic importance), in subsection (6), for “areas, and” substituteareas; .
In section 74 of that Act (directions etc as to method of dealing with applications), in subsection (1B)—
in paragraph (a), for “London borough to refuse” substituteLondon borough— ;
in paragraph (c), for “such a direction;” substitute “ a direction given by virtue of paragraph (a)(ii). ”;
omit the words after that paragraph.
After that subsection insert—
After section 58 of the Town and Country Planning Act 1990 insert—
After section 59 of that Act insert—
In section 70 of that Act (determination of applications: general considerations)—
after subsection (1) insert—;
after subsection (2) insert—
In section 333 of that Act (regulations and orders), after subsection (3) insert—
Schedule 12 (permission in principle for development of land: minor and consequential amendments) has effect.
In Part 2 of the Planning and Compulsory Purchase Act 2004 (local development), after section 14 insert—
do not apply
In section 60 of the Town and Country Planning Act 1990 (permission granted by development order), after subsection (1) insert—
In subsection (2) of that section, after “any buildings” insert “ in Wales ”.
In subsection (2B) of that section, for “subsection (1)” substitute “ subsections (1) and (1A) ”.
In section 70A of that Act (power to decline to determine subsequent application), in subsection (5)(b), for “section 60(2)” substitute “ section 60(1A), (2) ”.
In section 62A of the Town and Country Planning Act 1990 (when application may be made directly to Secretary of State), in subsection (1), for paragraphs (a) and (b) substitute—
After that subsection insert—
For subsection (2) of that section substitute—
In subsection (3)(a)(i) of that section omit “, or for conservation area consent,”.
In section 62B of that Act (designation for the purposes of section 62A), after subsection (1) insert—
If the following conditions are met, the Secretary of State may by regulations make a planning freedoms scheme, having effect for a specified period, in relation to a specified planning area in England. A “planning freedoms scheme” is a scheme that disapplies or modifies specified planning provisions in order to facilitate an increase in the amount of housing in the planning area concerned.
The first condition is that the relevant planning authority or authorities have requested the Secretary of State to make a planning freedoms scheme for their area.
The second condition is that the Secretary of State is satisfied—
that there is a need for a significant increase in the amount of housing in the planning area concerned,
that the planning freedoms scheme will contribute to such an increase, and
that adequate consultation has been carried out.
The third condition is that—
the relevant planning authority or authorities have prepared a summary of the views expressed in the consultation referred to in subsection (3)(c), and
the Secretary of State has considered that summary.
For the purposes of subsection (3)(c) consultation is “adequate” only if—
the relevant authority or authorities publish an explanation of what the proposed planning freedoms scheme is expected to involve, and
persons in the planning area concerned, and other persons likely to be affected, have a reasonable opportunity to communicate their views about the proposed scheme.
The Secretary of State may decide to restrict the number of planning freedoms schemes in force at any one time (and accordingly is not required to make a scheme merely because the conditions in this section are met).
The Secretary of State may by regulations bring a planning freedoms scheme to an end, and must do so if the relevant planning authority or, as the case may be, any of the relevant planning authorities so request.
In this section—
After section 75 of the Town and Country Planning Act 1990 insert—
After section 75ZA of the Town and Country Planning Act 1990 (inserted by section 155 above) insert—
In section 303 of the Town and Country Planning Act 1990 (fees for planning applications etc), after subsection (8) insert—
After section 106 of the Town and Country Planning Act 1990 (planning obligations) insert—
After Schedule 9 to that Act insert, as Schedule 9A, the Schedule set out in Schedule 13 to this Act.
In section 106 of that Act, in subsection (1), for “and sections 106A to 106C” substitute “ , sections 106A to 106C and Schedule 9A ”.
After section 106ZA of the Town and Country Planning Act 1990 (inserted by section 158 above) insert—
In section 333 of that Act (regulations and orders), after subsection (3ZA) (inserted by section 150(4) above) insert—
Section 115 of the Planning Act 2008 (development for which development consent may be granted) is amended as follows.
At the end of subsection (1) insert, or
In subsection (2)(b), for “is not” substitute “ does not consist of or include ”.
Before subsection (5) insert—
In subsection (5), after “associated development” insert “ or related housing development ”.
At the end insert—
The Secretary of State may by regulations provide for temporary arrangements in particular areas in England to test the practicality and desirability of competition in the processing (but not determining) of applications to do with planning.
The regulations may make provision—
for an application for planning permission that falls to be determined by a specified local planning authority in England to be processed, if the applicant so chooses, not by that authority but by a designated person;
for any connected application also to be processed by a designated person and not by that authority.
The regulations must specify a period after which any such provision ceases to apply. That period (whether as originally specified or as subsequently extended) must end no later than five years after the first regulations under this section come into force.
The Secretary of State must—
review the operation and effectiveness of any arrangements made under the regulations;
no later than 12 months after the date when the arrangements (or the last of them) cease to have effect— setting out the results and conclusions of the review.
lay a report before each House of Parliament, or
make a statement to the House of Parliament of which that Secretary of State is a member,
The regulations may provide that—
they apply only to applications that relate to development of a specified description;
designations of persons by the Secretary of State (see subsection (13)) may be made so as to apply only in relation to applications that relate to development of a specified description.
The regulations may—
apply or disapply, in relation to England, any enactment about planning;
modify the effect of any such enactment in relation to England.
The regulations may not contain anything that allows or requires, or could allow or require, the responsible planning authority's duty to determine an application to be carried out, to any extent, by a designated person on the authority's behalf.
Nothing said or done by a designated person appointed under the regulations to process an application is binding on the responsible planning authority when determining the application.
Before making the first regulations under this section the Secretary of State must consult such representatives of local planning authorities, and such other persons, as the Secretary of State thinks fit.
Sections 162 to 164, which set out matters that may be included in regulations under this section, do not limit the power in section 214(6) (to make supplementary provision etc).
For the purposes of this group of sections (that is, this section and sections 162 to 164), processing an application means taking any action in relation to the application (other than determining it) of a kind that—
might otherwise be taken by or for the responsible planning authority, and
is specified in the regulations.
In this group of sections “connected application”, in relation to an application for planning permission that is to be or has been processed by a designated person under the regulations (“the main application”), means—
an application for approval of a matter reserved under an outline planning permission within the meaning of section 92 of the Town and Country Planning Act 1990 (where the main application resulted in the grant of such permission), or
an application of a specified description, made under or by virtue of an enactment about planning, that relates to some or all of the land to which the main application relates.
In this group of sections “designated person” means a person— The Secretary of State may designate a local planning authority.
who is designated by the Secretary of State in accordance with the regulations, and
whose designation has not been withdrawn in accordance with the regulations.
In this group of sections—
Regulations under section 161 may—
require a designated person (subject to any specified exceptions) to process an application for planning permission if chosen to do so by an applicant;
provide that, where an application for planning permission is to be or has been processed by a designated person, any connected application must (subject to any specified exceptions) also be processed by that person;
allow a responsible planning authority to take over the processing of an application for planning permission, or a connected application, in specified circumstances.
The regulations may make provision about—
eligibility to act as a designated person;
the capacity of a local planning authority to act as a designated person;
actions to be taken or procedures to be followed— and periods within which the actions or procedures are to be taken or followed;
by persons making applications for planning permission or connected applications,
by designated persons, or
by responsible planning authorities,
matters to be considered by designated persons or responsible planning authorities;
performance standards for designated persons;
the investigation of complaints or concerns about designated persons;
cases where a person ceases to be a designated person or where a designated person is unable to continue processing an application.
The provision that may be made under subsection (2)(c) includes provision requiring a designated person to provide assistance to the responsible planning authority in connection with—
any appeal against the authority's determination of the application;
any application to the court made in relation to that determination.
The provision that may be made under subsection (2)(f) includes—
provision about the payment of compensation;
provision for a designated person to be required to indemnify the responsible authority for any compensation that the authority is required to pay;
provision applying anything in Part 3 of the Local Government Act 1974 (local government administration) with or without modifications.
The regulations may confer powers on the Mayor of London , a mayor of a mayoral combined authorities or a mayoral combined county authority or the Secretary of State in cases where a direction is given under section 2A or 77 of the Town and Country Planning Act 1990 (“call-in” directions).
In this section, “mayoral combined authority” and “mayoral combined county authority” have the same meaning as in the Town and Country Planning Act 1990 (see section 336 of that Act).
Regulations under section 161 may make provision about—
the setting, publication and charging of fees by designated persons or responsible planning authorities;
the refunding of fees, by designated persons or responsible planning authorities, in specified circumstances.
The provision that may be made under subsection (1)(a) includes provision giving power to the Secretary of State to prevent the charging of fees that he or she considers excessive.
The provision that may be made under subsection (1)(b) includes provision requiring a designated person or a responsible planning authority to refund to an applicant some or all of a fee paid by the applicant to a designated person where the person or the authority fails to do a particular thing within a specified period.
The regulations may authorise the making of payments by the Secretary of State to local planning authorities or designated persons.
Regulations under section 161 may make provision—
requiring responsible planning authorities to disclose information to designated persons;
requiring designated persons to disclose information to responsible planning authorities or to other designated persons;
restricting the uses to which information disclosed by virtue of paragraph (a) or (b) may be put;
restricting further disclosure of such information.
The regulations may make provision for designated persons or responsible planning authorities to be required to provide information to the Secretary of State.
After section 2B of the Building Act 1984 insert—
Section 134 of the Local Government, Planning and Land Act 1980 (urban development areas) is amended as follows.
After subsection (1) insert—
For subsection (4) substitute—
Section 135 of the Local Government, Planning and Land Act 1980 (urban development corporations) is amended as follows.
After subsection (1) insert—
For subsection (3) substitute—
In the Deregulation Act 2015, omit sections 46 and 47.
The New Towns Act 1981 is amended as follows.
In section 1 (designation of areas)—
after subsection (3) insert—
in subsection (4), after “section” insert “ designating areas of land in Wales ”.
In section 3 (establishment of development corporations for new towns), after subsection (2) insert—
In section 77 (regulations and orders)—
after subsection (3) insert—;
after subsection (3A) insert—;
in subsection (4), for the words before paragraph (a) substitute “ A statutory instrument that is made by the Welsh Ministers (by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006) under any of the following provisions of this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales— ”;
in subsection 4(a)(ii), omit “a county planning authority or, where the order is one designating an area in Wales, by”.
In Schedule 1 (procedure for designating area), before paragraph 1 (and before the italic heading before that paragraph) insert—
In section 4 of the New Towns Act 1981 (objects and general powers of development corporations), after subsection (1) insert—
The Secretary of State must carry out a review of planning legislation, government planning policy and local planning policies concerning sustainable drainage in relation to the development of land in England.
A person authorised in writing by an acquiring authority may enter and survey or value land in connection with a proposal to acquire an interest in or a right over land.
The person—
may only enter and survey or value land at a reasonable time, and
may not use force unless a justice of the peace has issued a warrant under section 173(1) authorising the person to do so.
The person must, if required when exercising or seeking to exercise the power conferred by subsection (1), produce—
evidence of the authorisation, and
a copy of any warrant issued under section 173(1).
An authorisation under subsection (1) may relate to the land which is the subject of the proposal or to other land.
If the land is unoccupied or the occupier is absent from the land when the person enters it, the person must leave it as secure against trespassers as when the person entered it.
In this section and sections 173 to 178 —
“acquiring authority” means a person who could be authorised to acquire compulsorily the land to which the proposal mentioned in subsection (1) relates (regardless of whether the proposal is to acquire an interest in or a right over the land or to take temporary possession of it), and
“owner” has the meaning given in section 7 of the Acquisition of Land Act 1981.
A justice of the peace may issue a warrant authorising a person to use force in the exercise of the power conferred by section 172(1) if satisfied—
that another person has prevented or is likely to prevent the exercise of that power, and
that it is reasonable to use force in the exercise of that power.
The force that may be authorised by a warrant is limited to that which is reasonably necessary.
A warrant authorising the person to use force must specify the number of occasions on which the authority can rely on the warrant when entering and surveying or valuing land.
The number specified must be the number which the justice of the peace considers appropriate to achieve the purpose for which the entry and survey or valuation are required.
Any evidence in proceedings for a warrant under this section must be given on oath.
The acquiring authority must give every owner or occupier of land at least 14 days' notice before the first day on which the authority intends to enter the land in exercise of the power conferred by section 172.
Notice given in accordance with subsection (1) must include—
a statement of the recipient's rights under section 176, and
a copy of the warrant, if there is one.
If the authority proposes to do any of the following, the notice must include details of what is proposed—
searching, boring or excavating;
leaving apparatus on the land;
taking samples;
an aerial survey;
carrying out any other activities that may be required to facilitate compliance with the instruments mentioned in subsection (5).
If the authority obtains a warrant after giving notice in accordance with subsection (1) it must give a copy of the warrant to all those to whom it gave that notice.
The instruments referred to in subsection (3)(e) are—
Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended from time to time,
Council Directive 92/43/EC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, as amended from time to time, or
any EU instrument from time to time replacing all or part of those Directives.
A written authorisation from the appropriate Minister is required before a person enters and surveys or values land in exercise of the power conferred by section 172 if—
the land is held by a statutory undertaker,
within the notice period mentioned in section 174(1), the statutory undertaker objects to the proposed entry and survey or valuation in writing to the acquiring authority, and
the objection is that the proposed entry and survey or valuation would be seriously detrimental to the statutory undertaker carrying on its undertaking.
In subsection (1)—
“public authority” means a person with functions of a public nature;
Section 13 of the Landlord and Tenant Act 1985 is amended as follows. After subsection (1A) insert— In subsection (1B)—
The Localism Act 2011 (flexible tenancies: other amendments) is amended as follows.
In section 155, omit subsections (3) and (4).
In section 159 (further provisions about transfer of tenancy under section 158), in subsection (6)(b), for “107A” substitute “ 115B ”.
Where the survey or valuation is to take place in a street, the following sections of the New Roads and Street Works Act 1991 apply to the survey or valuation as if it were street works—
section 55 (notice of starting date of works),
section 69 (requirements to be complied with where works likely to affect another person's apparatus in the street), and
section 82 (liability for damage or loss caused).
In the application of those sections references to an “undertaker” are to be read as references to the acquiring authority which authorised the survey or valuation.
See section 169(4) of the Water Industry Act 1991 and section 171(4) of the Water Resources Act 1991 for additional procedures in relation to the exercise of the power in section 172 on behalf of a water undertaker, the Environment Agency or the Natural Resources Body for Wales.
A person interested in land is entitled to compensation from the acquiring authority for damage as a result of the exercise of the power conferred by section 172.
Any disputes relating to compensation under this section are to be determined by the Upper Tribunal.
The provisions of section 4 of the Land Compensation Act 1961 apply to the determination of such disputes, with any necessary modifications.
A person who without reasonable excuse obstructs another person in the exercise of the power conferred by section 172 commits an offence.
A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
A person commits an offence if the person discloses confidential information, obtained in the exercise of the power conferred by section 172, for purposes other than those for which the power was exercised.
A person who commits an offence under subsection (3) is liable—
on summary conviction to a fine,
on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine, or both.
In subsection (3) “confidential information” means information—
which constitutes a trade secret, or
the disclosure of which would or would be likely to prejudice the commercial interests of any person.
Sections 172 to 177 apply in relation to Crown land.
But a person may only exercise the power conferred by section 172 in relation to Crown land if the person has the permission of the appropriate authority.
In this section, “Crown land” and “the appropriate authority” have the meaning given in section 293 of the Town and Country Planning Act 1990.
Schedule 14 amends legislation conferring rights of entry relating to the acquisition of an interest in or a right over land in England and Wales.
After section 14A of the Acquisition of Land Act 1981 (confirmation by acquiring authorities) insert—
The Acquisition of Land Act 1981 is amended as follows.
After section 14C (inserted by section 180 of this Act), insert—
In section 2 (procedure for authorisation), for subsection (2) substitute—
For section 4 of the Compulsory Purchase Act 1965 substitute—
After section 5 of the Compulsory Purchase (Vesting Declarations) Act 1981 insert—
Schedule 15 changes the notice requirements for general vesting declarations.
In section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 (execution of declaration vesting land at the end of a period of not less than 28 days from the date of service), in subsection (1) for “28 days” substitute “ 3 months ”.
In section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 (execution of declaration), after subsection (1) insert—
The Compulsory Purchase Act 1965 is amended as follows.
In section 11 (powers of entry)—
in subsection (1)—
for “not less than fourteen days notice” substitute “ a notice of entry ”; and
after “specified in the notice” insert “ , after the end of a period specified in the notice ”;
after subsection (1) insert—
After section 11 insert—
The Compulsory Purchase Act 1965 is amended as follows.
In section 11 (powers of entry), after subsection (1B) (inserted by section 186 of this Act), insert—
After section 11A (inserted by section 186 above) insert—
In section 11 of the Compulsory Purchase Act 1965 (powers of entry), after subsection (1C) (inserted by section 187 of this Act), insert—
Schedule 6 to the New Towns Act 1981 (modification of compulsory purchase legislation as applied for the purposes of the Act) is amended as follows.
In paragraph 4—
in sub-paragraph (1)—
in the words before paragraph (a), after “every owner of that land” insert “ so far as known to the acquiring authority after making diligent inquiry in accordance with section 5(1) of the Compulsory Purchase Act 1965 ”;
in the words after paragraph (b), omit “(not being less than 14 days)”;
after sub-paragraph (2) insert—
After paragraph 4 insert—
Schedule 16 abolishes the alternative procedure for taking possession of land under section 11(2) of, and Schedule 3 to, the Compulsory Purchase Act 1965.
In section 9 of the Compulsory Purchase (Vesting Declarations) Act 1981 (minor tenancies and tenancies about to expire), in subsection (2), for “14 days” substitute “ 3 months ”.
After section 4 of the Land Compensation Act 1961 (costs) insert—
In section 5 of the Compulsory Purchase Act 1965 (notice to treat and untraced owners), after subsection (2) insert—
Section 31 of the Land Compensation Act 1961 (withdrawal of notices to treat) is amended in accordance with subsections (2) and (3).
After subsection (3) insert—
In subsection (4), after “(3)” insert “ or (3A) ”.
In Schedule 18 to the Planning and Compensation Act 1991 (provisions under which compensation is payable with interest), in Part 1, in the entry relating to the Land Compensation Act 1961, after “section 31(3)” insert “ or (3A) ”.
The Land Compensation Act 1973 is amended as follows.
In section 52 (right to advance payment of compensation), for subsection (2) substitute—
In section 52ZC (land subject to mortgage: supplementary), for subsection (2) substitute—
After section 52ZC (land subject to mortgage: supplementary) insert—
The Land Compensation Act 1973 is amended as follows.
In section 52 (right to advance payment of compensation)—
for subsections (1) to (1B) substitute—;
for subsection (4) substitute—;
omit subsection (11).
In section 52ZA (advance payments: land subject to mortgage for up to 90% of value), for subsection (1) substitute—
In section 52ZB (advance payments: land subject to mortgage for more than 90% of value)—
for subsection (1) substitute—;
in subsection (9)(c) for “section 52ZA(1)(b)” substitute “ section 52ZA(1)(c) ”.
In section 52ZC (land subject to mortgage: supplementary provisions)—
after subsection (3) insert—;
in subsection (4) omit “(4) and”.
The Land Compensation Act 1973 is amended as follows.
In section 52A (right to interest where advance payment made)—
in subsection (2), after the words “payment under section 52(1)” insert “ after the date of entry ”;
after subsection (2A) insert—
After section 52A insert—
The Land Compensation Act 1973 is amended as follows.
Section 52 (right to advance payment of compensation) is amended in accordance with subsections (3) and (4).
Omit subsection (5).
the amount of the advance payment together with any amount paid under section 52A shall be set off against any sum payable by the authority to that other person in respect of the compulsory acquisition of the interest acquired or the compulsory acquisition or release of the interest created.
After section 52 insert—
In the Land Compensation Act 1973, after section 52ZD (inserted by section 194 above) insert—
Schedule 17 contains amendments about objecting to the division of land following a notice to treat under section 5 of the Compulsory Purchase Act 1965.
Schedule 18 contains amendments about objecting to the division of land following a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981.
The Town and Country Planning Act 1990 is amended as follows.
In section 153 (reference of objection to Upper Tribunal), after subsection (4) insert—
In section 166 (saving for claimant's right to sell whole hereditament etc.)—
in subsection (1) omit paragraph (b) (and the “or” before it);
omit subsection (2).
In section 24 of the Acquisition of Land Act 1981 (powers of the court), after subsection (2) insert—
After section 4 of the Compulsory Purchase Act 1965 (time limit for giving notice to treat) insert—
After section 5A of the Compulsory Purchase (Vesting Declarations) Act 1981 (time limit for general vesting declaration) insert—
A person may carry out building or maintenance work to which this subsection applies even if it involves—
interfering with a relevant right or interest, or
breaching
a restriction as to the user of land arising by virtue of a contract , or
an obligation under a conservation covenant.
Subsection (1) applies to building or maintenance work where—
there is planning consent for the building or maintenance work,
the work is carried out on land that has at any time on or after the relevant day —
become vested in or acquired by a specified authority or a specified company acting on behalf of a specified authority, or
been appropriated by a local authority for planning purposes as defined by section 246(1) of the Town and Country Planning Act 1990,
the authority could acquire the land compulsorily for the purposes of the building or maintenance work, and
the building or maintenance work is for purposes related to the purposes for which the land was vested, acquired or appropriated as mentioned in paragraph (b).
Subsection (1) also applies to building or maintenance work where—
there is planning consent for the building or maintenance work,
the work is carried out on other qualifying land,
the qualifying authority in relation to the land could acquire the land compulsorily for the purposes of the building or maintenance work, and
the building or maintenance work is for purposes related to the purposes for which the land was vested in, or acquired or appropriated by, the qualifying authority in relation to the land.
A person may use land in a case to which this subsection applies even if the use involves—
interfering with a relevant right or interest, or
breaching
a restriction as to the user of land arising by virtue of a contract , or
an obligation under a conservation covenant.
Subsection (4) applies to the use of land in a case where—
there is planning consent for that use of the land,
the land has at any time on or after the relevant day —
become vested in or acquired by a specified authority or a specified company acting on behalf of a specified authority , or
been appropriated by a local authority for planning purposes as defined by section 246(1) of the Town and Country Planning Act 1990,
the authority could acquire the land compulsorily for the purposes of erecting or constructing any building, or carrying out any works, for that use, and
the use is for purposes related to the purposes for which the land was vested, acquired or appropriated as mentioned in paragraph (b).
Subsection (4) also applies to the use of land in a case where—
there is planning consent for that use of the land,
the land is other qualifying land, and
the qualifying authority in relation to the land could acquire the land compulsorily for the purposes of erecting or constructing any building, or carrying out any works, for that use, and
the use is for purposes related to the purposes for which the land was vested in, or acquired or appropriated by, the qualifying authority in relation to the land.
Land currently owned by a specified authority is to be treated for the purposes of subsection (2)(c) or (5)(c) as if it were not currently owned by the authority.
Land currently owned by a qualifying authority is to be treated for the purposes of subsection (3)(c) or (6)(c) as if it were not currently owned by the authority.
Nothing in this section authorises an interference with—
a right of way on, under or over land that is a protected right, or
a right of laying down, erecting, continuing or maintaining apparatus on, under or over land if it is a protected right.
Nothing in this section authorises—
an interference with a relevant right or interest annexed to land belonging to the National Trust which is held by the National Trust inalienably, ...
a breach of a restriction as to the user of land which does not belong to the National Trust—
arising by virtue of a contract to which the National Trust is a party, or
benefiting land which does belong to the National Trust , or
a breach of an obligation under a conservation covenant owed to the National Trust.
For the purposes of subsection (10)—
“National Trust” means the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907, and
land is held by the National Trust “inalienably” if it is inalienable under section 21 of the National Trust Act 1907 or section 8 of the National Trust Act 1939.
A person is liable to pay compensation for any interference with a relevant right or interest or breach of a restriction that is authorised by section 203 (1)(a) or (b)(i) or (4)(a) or (b)(i).
The compensation is to be calculated on the same basis as compensation payable under sections 7 and 10 of the Compulsory Purchase Act 1965.
But a person is not liable to pay compensation under this section for breaching an obligation under a conservation covenant.
Where a person other than a specified or qualifying authority is liable to pay compensation under this section but has not paid—
the liability is enforceable against the authority, but
the authority may recover from that person any amount it pays out.
The authority against which a liability is enforceable by virtue of subsection (3)(a) is—
where the land to which the compensation relates was vested in or acquired by a company through which the Greater London Authority exercises or has exercised functions in relation to housing or regeneration, the Greater London Authority,
where the land was vested in or acquired by a company through which Transport for London exercises or has exercised any of its functions, Transport for London, or
in all other cases, the specified or qualifying authority in which the land was vested, or by which the land was acquired or appropriated.
Any dispute about compensation payable under this section may be referred to and determined by the Upper Tribunal.
In sections 203 and 204—
The Secretary of State may by regulations amend the definition of “specified authority” in subsection (1).
Schedule 19 gets rid of legislation replaced by sections 203 and 204.
A Minister of the Crown must, in developing proposals for the disposal of the Minister's interest in any land, engage on an ongoing basis with—
each local authority in whose area the land is situated, and
each public authority that is specified, or of a description specified, in regulations.
A relevant public authority must, in developing proposals for the disposal of the authority's interest in any land, engage on an ongoing basis with other relevant public authorities.
In subsection (2), “relevant public authority” means a public authority that is specified, or of a description specified, in regulations.
A person who is subject to a duty under subsection (1) or (2) must have regard to any guidance given by the Minister for the Cabinet Office about how the duty is to be complied with.
Subsections (1) and (2) do not apply in relation to proposals in respect of land that is specified, or of a description specified, in regulations.
Regulations under subsection (3) may not be made so as to require a public authority to carry out engagement under subsection (2)—
in relation to proposals for the disposal of an interest in land in Scotland, unless the authority is—
a body to which paragraph 3 of Part 3 of Schedule 5 to the Scotland Act 1998 applies, or
Her Majesty's Revenue and Customs, ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a matter in respect of which functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Government, or
a matter within the legislative competence of the National Assembly for Wales.
In this section—
Regulations under subsection (3) may not be made so to require a devolved Welsh authority to carry out engagement under subsection (2).
A relevant public authority must, in respect of each reporting period, prepare and publish a report containing details of surplus land in England and Wales.
A relevant public authority must, in respect of each reporting period, prepare and publish a report containing details of surplus land in Scotland.
For the purposes of this section, land is “surplus land” in relation to a relevant public authority if—
the authority owns an interest in the land,
the authority has determined that the land is surplus to its requirements, and
the authority first determined that the land was surplus to its requirements—
in the case of land used wholly or mainly for residential purposes, at any time before the beginning of the period of 6 months ending with the last day of the reporting period, and
in the case of other land, at any time before the beginning of the period of two years ending with that day.
In this section, “relevant public authority” means—
a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975), or
a public authority that is specified, or of a description specified, in regulations.
In determining whether land is surplus to its requirements, and in carrying out its other functions under this section, a relevant public authority must have regard to guidance given by the Secretary of State.
A report prepared by a relevant public authority must explain why the authority has not disposed of surplus land.
Regulations may provide that the definition of “surplus land” in subsection (3) applies in relation to public authorities that are specified, or of a description specified, in the regulations as if subsection (3)(c) were omitted.
Regulations may provide that the duty under subsection (1) or (2) does not apply in respect of specified land or descriptions of land.
Regulations may make further provision about reports under this section, including—
provision about their form and timing,
provision specifying information to be included in reports, and
provision about their publication.
Regulations may not specify a devolved Welsh authority for the purposes of subsection (1).
that are exercisable only in or as regards Wales, and
that are wholly or mainly functions relating to—
a matter in respect of which functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Government, or
a matter within the legislative competence of the National Assembly for Wales.
Regulations may not specify a public authority for the purposes of subsection (2) unless it is—
a body to which paragraph 3 of Part 3 of Schedule 5 to the Scotland Act 1998 applies, or
Her Majesty's Revenue and Customs.
In this section—
Section 98 of the Local Government, Planning and Land Act 1980 (disposal of land at direction of Secretary of State) is amended as follows.
Before subsection (1) insert—
After subsection (9) insert—
Each authority listed in Schedule 20 must prepare, in respect of each year (beginning with 2017), a report containing a buildings efficiency and sustainability assessment.
A “buildings efficiency and sustainability assessment” is an assessment of the progress made by the authority, in the year to which the report relates, towards improving the efficiency and contribution to sustainability of buildings that are part of the authority's estate.
A report must, in particular, include an assessment of the progress made by the authority, in the year to which the report relates, towards—
reducing the size of the authority's estate, and
ensuring that buildings that become part of the authority's estate fall within the top quartile of energy performance.
If a building that does not fall within the top quartile of energy performance becomes part of the authority's estate in the year to which the report relates, the report must explain why the building has nevertheless become part of the authority's estate.
A report under this section must be published not later than 1 June in the year following the year to which it relates.
In carrying out its functions under this section, an authority must have regard to guidance given by the Minister for the Cabinet Office.
For the purposes of this section, a building is part of an authority's estate if—
the building is situated in the authority's area, and
the authority has a freehold or leasehold interest in the building.
The Minister for the Cabinet Office may by regulations provide for buildings of a specified description to be treated as being, or as not being, part of an authority's estate for the purposes of this section.
In this section, “building” means a building that uses energy for heating or cooling the whole or any part of its interior.
Section 86 of the Climate Change Act 2008 (report on the civil estate) is amended as follows.
In subsection (1)—
the text from “buildings” to the end becomes paragraph (a), and
after that paragraph insert, and
In subsection (2)—
in paragraph (a), after “estate” insert “ and the military estate ”, and
in paragraph (b), after “estate” insert “ or the military estate ”.
In subsection (3)—
after “estate”, in the first place it occurs, insert “ or the military estate ”, and
for “civil estate”, in the second place it occurs, insert “ the estate in question ”.
After subsection (7) insert—
In subsection (8), for “Any such order” substitute “ An order under subsection (7) or (7B) ”.
In the heading, after “estate” insert “ and the military estate ”.
The Secretary of State may by regulations make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.
The Secretary of State may by regulations make provision that is consequential on any provision made by this Act.
Regulations under this section may amend, repeal or revoke any provision made by or under an Act passed or made before this Act or in the same Session.
Regulations under this Act are to be made by statutory instrument.
A statutory instrument containing— (whether alone or together with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
regulations under section 2, 3(6), 4 or 5,
regulations under section 14,
regulations under section 69(8),
regulations under section 74(9),
the first regulations under section 80,
regulations under section 85 that amend or repeal a provision of an Act,
regulations under section 93,
regulations under section 102 or paragraph 45 of Schedule 5,
regulations under section 122,
regulations under section 133, 134, or 135,
regulations under section 154(1),
regulations under section 161 that make provision of the kind referred to in section 161(3), (5), (6) or (12)(b), section 163 or section 164,
regulations under section 205(2),
regulations under section 213 that amend or repeal a provision of an Act, or
regulations under paragraph 8 of Schedule 15 that amend or repeal a provision of an Act,
Any other statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.
Subsection (3) does not apply to a statutory instrument that only contains regulations under section 212 or 216.
If a draft of regulations under section 69(8), 154 or 161 would, apart from this subsection, be treated as a hybrid instrument for the purposes of the Standing Orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument.
Regulations under this Act may make—
consequential, supplementary, incidental, transitional or saving provision;
different provision for different purposes.
An amendment or repeal made by this Act has the same extent as the provision amended or repealed.
Chapter 5 of Part 4 and this Part extend to—
England and Wales,
Scotland, and
Northern Ireland.
Sections 207 and 208 extend to—
England and Wales, and
Scotland.
Subject to that, this Act extends to England and Wales only.
The following come into force on the day on which this Act is passed—
this Part;
Chapter 2 of Part 4;
sections 136 and 137 and Schedule 10;
sections 139, 140, 149, 151, 152(1) and 157;
sections 161 to 168.
The following come into force at the end of the period of two months beginning with the day on which this Act is passed—
section 124;
section 130;
sections 150(1) to (3) and 153.
The other provisions of this Act come into force on such day as the Secretary of State may by regulations appoint.
Different days may be appointed for different purposes.
In respect of sections 181 and 183, and Schedule 15, different days may be appointed for different areas.
This Act may be cited as the Housing and Planning Act 2016.