SCHEDULE
Article 2
Transfer of Functions from the HCA to the Regulator of Social Housing
PART 1
Establishment of the Regulator of Social Housing
1. The Housing and Regeneration Act 2008 is amended as follows.
2. In section 24(the HCA: objects), omit subsection (1A).
3. In section 4(6)5(powers of the HCA: general), omit paragraph (aa) (but not the final “and”).
4. In section 19 (financial assistance), after subsection (1), insert—
“1A But the HCA must not give financial assistance in contravention of a direction given by the Regulator of Social Housing under section 100G.”.
5. In section 316(duties in relation to social housing)—
(a) after subsection (8), insert—
“8A Subsection (8B) applies if the HCA is proposing to give financial assistance on condition that the recipient provides low cost home ownership accommodation.
8B The HCA must consult the Regulator of Social Housing about the proposals.”,
(b) after subsection (11), insert—
“11A For the purposes of this section, a person provides low cost home ownership accommodation if (and only if) the person acquires, constructs or converts any housing or other land for use as low cost home ownership accommodation or ensures such acquisition, construction or conversion by another.”, and
(c) in subsection (12), after “In this section—”, insert—
““low cost home ownership accommodation” has the meaning given by section 70, and”.
6. In section 327(recovery etc of social housing assistance) after subsection (10), insert—
“10A The HCA must notify the Regulator of Social Housing at least 14 days before exercising, in relation to a registered provider of social housing, any of the powers conferred by subsections (2) to (4).”
7. In section 348(determinations under sections 32 and 33)—
(a) omit subsection (2), and
(b) before subsection (3), insert—
“2A Before making such a determination, the HCA must consult—
(a) the Regulator of Social Housing, and
(b) such other persons as it considers appropriate.”.
8. After section 36 insert—
“Co-operation with the Regulator of Social Housing
36A.—(1) The HCA must co-operate with the Regulator of Social Housing.
(2) In particular, the HCA must consult the Regulator of Social Housing on matters likely to interest the Regulator.
(3) The HCA may provide services and other assistance in connection with the operation of the Regulator of Social Housing.
(4) The services or assistance which may be provided pursuant to subsection (3) include, but are not limited to—
(a)
(a) the provision of accommodation or other facilities;
(b)
(b) technical resources; and
(c)
(c) the provision of staff.”.
9. In section 429(agency arrangements with UDCs)—
(a) in subsection (2)(a), omit “or the functions to which subsection (2A) applies”, and
(b) omit subsection (2A).
10. In section 4610(guidance by the Secretary of State), omit subsection (8).
11. In section 4711(directions by the Secretary of State), omit subsection (7).
12. In the Table in section 5812(Part 1: index of defined expressions) omit the entry for “Regulator of Social Housing”.
13. In section 60(4)13(structural overview of Part 2), in the entry in relation to Chapter 2 in the Table—
(a) in the second column, for “92A” substitute “92L”, and
(b) in the final column, omit “and the Regulation Committee”.
14. After the heading for Chapter 2 of Part 2 insert—
“The Regulator(80A) Establishment(1) The Regulator of Social Housing is established as a body corporate.(2) The Regulator of Social Housing is referred to in this Part as “the regulator”.(3) The regulator (and any member of the regulator)—(a) is not the servant or agent of the Crown, and(b) does not share any immunity or privilege of the Crown.(4) No property of the regulator is to be regarded as property of, or held on behalf of, the Crown.(80B) Membership(1) The regulator is to consist of—(a) a person appointed by the Secretary of State as chair (“the chair”),(b) at least 6 and no more than 10 other members, appointed by the Secretary of State, and(c) the chief executive appointed under section 80D(1).(2) The Secretary of State must consult the chair before appointing a member under subsection (1)(b).(3) In appointing a person to be an appointed member the Secretary of State must—(a) have regard to the desirability of appointing a person who has experience of, and has shown some capacity in, matters relevant to the exercise of the functions of the regulator, and(b) be satisfied that the person has no financial or other interest likely to affect prejudicially the exercise of the person’s functions as a member.(4) The Secretary of State may require any person who the Secretary of State proposes to appoint as an appointed member to provide any information the Secretary of State considers necessary for the purposes of subsection (3)(b).(5) In this Part “appointed member” means—(a) the chair, or(b) a member appointed under subsection (1)(b).(80C) Terms of appointment of members(1) An appointed member holds and vacates office in accordance with the appointed member’s terms of appointment (subject to this section).(2) An appointed member may resign by notice to the Secretary of State.(3) The Secretary of State may dismiss an appointed member who—(a) has been absent from meetings of the regulator for a period of more than 6 months without its permission,(b) has become bankrupt or has made an arrangement with the member’s creditors,(c) the Secretary of State thinks has failed to comply with the member’s terms of appointment,(d) the Secretary of State thinks has failed to comply with the member’s obligations under section 92P (members’ interests),(e) the Secretary of State thinks is otherwise unable, unfit or unsuitable to perform the functions of the member.(80D) Staff(1) The chair and other appointed members of the regulator must appoint a chief executive.(2) But a person may be appointed as chief executive under subsection (1) only if approved by the Secretary of State.(3) The regulator may appoint other staff.(4) The regulator may pay to its staff such remuneration and allowances as it may decide.(5) The regulator may—(a) pay such pensions, allowances or gratuities to or in respect of any, or any former, member of staff, or(b) pay such sums towards the provision for the payment of pensions, allowances or gratuities to or in respect of any, or any former, member of staff,as it may decide.”.
15. Omit the heading above section 92A and sections 92A to 92J (regulation functions of the HCA and provisions about its Regulation Committee).
16. After section 92K insert—
“Procedure etc.(92L) Committees(1) The regulator may establish committees and sub-committees.(2) A committee or sub-committee may include non-members (provided that it includes at least one member).(3) The regulator may, with the consent of the Secretary of State, pay such remuneration and allowances as it thinks fit to any person who—(a) is a member of a committee or sub-committee, but(b) is not a member of the regulator.(92M) Procedure(1) Subject to the provisions of this Part, the regulator may determine its own procedure and the procedure of any committee or sub-committee.(2) The regulator must make such arrangements as it thinks appropriate for...
