Regulatory Reform (Housing Management Agreements) Order 2003
| Jurisdiction | UK Non-devolved |
| Citation | SI 2003/940 |
| Year | 2003 |
2003 No. 940
HOUSING, ENGLAND AND WALES
REGULATORY REFORM
The Regulatory Reform (Housing Management Agreements) Order 2003
Made 27th March 2003
Coming into force 28th March 2003
Whereas:
(a) the First Secretary of State, as respects England, and the Secretary of State for Wales, as respects Wales, (“the Secretaries of State”) consulted1—
such organisations as appeared to them to be representative of interests substantially affected by their proposals for this Order,
such organisations as appeared to them to be representative of statutory bodies to whose functions those proposals relate,
the Law Commission,
the National Assembly for Wales, and
such other persons as they considered appropriate;
(b) following the consultation mentioned in recital (a) the Secretaries of State considered it appropriate to proceed with the making of this Order;
(c) a document containing the proposals of the Secretaries of State was laid before Parliament as required by section 6 of the Regulatory Reform Act 20012and the period for Parliamentary consideration under section 8 of that Act expired;
(d) the Secretaries of State had regard to the representations made during that period and, in particular, to the Fifth Report of Session 2002–03 of the Regulatory Reform Committee of the House of Commons and the Eighth Report of Session 2002–03 of the Delegated Powers and Regulatory Reform Committee of the House of Lords;
(e) a draft of this Order was laid before Parliament with a statement giving details of those representations and the changes to the proposals of the Secretaries of State in the light of them;
(f) the draft was approved by resolution of each House of Parliament;
(g) this Order modifies a function of the National Assembly for Wales and the Assembly has agreed that it be made;
(h) the Secretaries of State are of the opinion that this Order does not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which he might reasonably expect to continue to exercise;
(i) this Order creates burdens affecting persons in the carrying on of certain activities, and the Secretaries of State are of the opinion that—
the provisions of this Order, taken as a whole, strike a fair balance between the public interest and the interests of the persons affected by the burdens being created; and
the extent to which this Order removes or reduces one or more burdens, or has other beneficial effects for persons affected by the burdens imposed by the existing law, makes it desirable for this Order to be made:
Now, therefore, the First Secretary of State, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred by section 1 of the Regulatory Reform Act 2001, hereby make the following Order:
Citation and commencement
1.—(1) This Order may be cited as the Regulatory Reform (Housing Management Agreements) Order 2003 and shall come into force on the day after that on which this Order is made.
(2) This Order extends only to England and Wales.
Section 27 of the Housing Act 1985
2. For section 27 of the Housing Act 1985 substitute:
“27.—(1) A local housing authority may agree that another person shall exercise in relation to—
(a)
(a) such of the authority’s houses as are specified in the agreement, and
(b)
(b) any other land so specified which is held for a related purpose,
such of the authority’s management functions as are so specified.
(2) In this Act—
(a)
(a) “management agreement” means an agreement under subsection (1) or a sub-agreement, and
(b)
(b) “manager”, in relation to a management agreement, means a person by whom management functions are exercisable under the agreement.
(3) A management agreement shall set out the terms on which the authority’s functions are exercisable by a manager.
(4) An agreement under subsection (1) shall contain such provisions as may be prescribed by regulations made by the Secretary of State.
(5) A management agreement may—
(a)
(a) include provision authorising a manager, with the consent of the authority, to agree that another person shall exercise any management function exercisable by the manager under the agreement;
(b)
(b) where a body or association is a manager, provide that the management functions of the body or association under the agreement may be performed by a committee, sub-committee, officer or...
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