The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008

JurisdictionUK Non-devolved
CitationSI 2008/2839

2008 No. 2839

Housing, England And Wales

The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008

Made 30th October 2008

Laid before Parliament 3rd November 2008

Coming into force in accordance with article 1(1)

The Secretary of State, in exercise of the powers conferred by sections 67 and 320 of the Housing and Regeneration Act 20081, makes the following Order:

S-1 Citation and extent

Citation and extent

1.—(1) This Order may be cited as the Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 and shall come into force on the day section 5 of the Housing and Regeneration Act 2008 comes into force.

(2) This Order extends to England and Wales.

S-2 Transfer of Housing Corporation functions to the Homes and Communities Agency and the Regulator of Social Housing

Transfer of Housing Corporation functions to the Homes and Communities Agency and the Regulator of Social Housing

2. The functions of the Housing Corporation under the enactments listed in the Table are transferred to the Homes and Communities Agency or the Regulator of Social Housing to the extent specified.

Enactment

Functions of the Housing Corporation transferred to the Homes and Communities Agency

Functions of the Housing Corporation transferred to the Regulator of Social Housing

Functions of the Housing Corporation transferred to the Homes and Communities Agency and the Regulator of Social Housing concurrently

Housing Act 19852

The functions under sections 151B and 156

All functions other than those transferred to the Homes and Communities Agency

Housing Associations Act 19853

The functions under sections 79, 80, 81 and 83 (other than those functions transferred to the Regulator of Social Housing).

The functions under sections 9, 10, 33A, 69, 75 (except for subsection (1)(c) and (e) and subsection (4)), 77, 79 (but only in relation to loans to registered social landlords), 82, 83 (but only in relation to the guarantee of loans to registered social landlords), 87 and Schedule 7.

Housing Act 19884

The functions under sections 50 to 53.

The functions under section 82.

Housing Act 19965

The functions under sections 16, 16A, 18, 20, 21, 27, 27A and 27B.

All functions under the Act other than those transferred to the Homes and Communities Agency or the Homes and Communities Agency and the Regulator of Social Housing concurrently.

The functions under sections 53 and 54.

S-3 Modification of enactments

Modification of enactments

3. The enactments specified in the Schedule have effect with the modifications specified.

S-4 Direction to the Homes and Communities Agency

Direction to the Homes and Communities Agency

4.—(1) The Regulator of Social Housing may direct the Homes and Communities Agency not to make a grant to a specified registered social landlord under section 18 of the Housing Act 1996.

(2) A direction may be given if—

(a)

(a) the Regulator of Social Housing has decided to hold an inquiry into the affairs of the registered social landlord under paragraph 20 of Schedule 1 to the Housing Act 19966and the inquiry is not concluded,

(b)

(b) the Regulator of Social Housing has received notice in respect of the registered social landlord under section 41 of the Housing Act 1996, or

(c)

(c) the Regulator of Social Housing has appointed an officer of the registered social landlord under paragraph 6, 7 or 8 of Schedule 1 to the Housing Act 19967and the person appointed has not vacated office.

(3) A direction shall have effect until withdrawn.

S-5 Effect of moratorium

Effect of moratorium

5.—(1) This article applies if a moratorium is imposed in respect of a registered social landlord.

(2) During a moratorium under section 42 of the Housing Act 1996 the Homes and Communities Agency—

(a)

(a) may not give the registered social landlord a direction under section 27(2)(b) of the Housing Act 1996, and

(b)

(b) may not take steps to enforce such a direction against the registered social landlord.

S-6 Transitional and saving provision

Transitional and saving provision

6.—(1) The modifications made by this Order do not affect the validity of anything done (or having effect as if done) by or in relation to the Housing Corporation before the commencement date.

(2) Any enactment, instrument or document passed or made before the coming into force of this Order has effect, so far as necessary for the purposes of or in consequence of the transfer of any function by this Order, as if any reference to the Housing Corporation (however expressed) were a reference to the Regulator of Social Housing or (as the case may be) the Homes and Communities Agency.

(3) Anything which, on the commencement date, is in the process of being done by or in relation to the Housing Corporation may, so far as it relates to any function transferred by this Order from the Housing Corporation to the Homes and Communities Agency or the Regulator of Social Housing, be continued by or in relation to the Homes and Communities Agency or (as the case may be) the Regulator of Social Housing.

(4) Anything done (or having effect as if done) by or in relation to the Housing Corporation for the purposes of or in connection with any function transferred by this Order from the Housing Corporation to the Homes and Communities Agency or the Regulator of Social Housing shall, if in force or effective on the commencement date, have effect as if done by or in relation to the Homes and Communities Agency or (as the case may be) the Regulator of Social Housing so far as that is required for continuing its effect on and after the commencement date.

(5) The references in paragraphs (3) and (4) to things done include references to things omitted to be done.

(6) The “commencement date” means the date on which this Order comes into force.

Iain Wright

Parliamentary Under Secretary of State

Department for Communities and Local Government

30th October 2008

SCHEDULE

Article 3

Modification of Enactments

SCH-1.1

1. References to the Housing Corporation treated as references to the Regulator of Social Housing

In the following provisions any reference to the Housing Corporation shall be treated as if it were a reference to the Regulator of Social Housing—

section 32(7B) of the Land Compensation Act 19738

section 16(6B)(a) of the Consumer Credit Act 19749

section 5(3)(d) of the Rent (Agriculture) Act 197610

sections 15(2(a), 86(2)(a) and 93(1) of the Rent Act 197711

section 3A(8)(g) of the Protection from Eviction Act 197712

section 12A(7)(b) of the Criminal Law Act 197713

the forms in Schedule 1 to the Rent Act (Forms etc) Regulations 198014

the forms in Schedule 1 to the Housing (Right to Buy) (Prescribed Forms) Regulations 198615

section 58(1)(e) of the Landlord and Tenant Act 198716

the Schedule to the Secure Tenancies (Notices) Regulations 198717

paragraph 1(1) of Schedule 9 and paragraph 8 of Schedule 9A to the Social Security (Claims and Payments) Regulations 198718

sections 376(4)(k), 488(7A) and 489(5A) of the Income and Corporation Taxes Act 198819

sections 35(5), 81(6) and 133(6) of the Housing Act 198820

sections 172(2)(b) and 173(6) of the Local Government and Housing Act 198921

regulation 5 of the New Towns (Transfer of Housing Stock) Regulations 199022

sections 218 and 219 of the Taxation of Chargeable Gains Act 199223

article 3(2) of the Housing (Extension of Right to Buy) Order 199324

sections 40 to 41B of the Audit Commission Act 199825

regulation 5(a) of the Assured and Protected Tenancies (Lettings to Students) Regulations 199826

paragraph 1(3) of Schedule 9 to the Finance Act 200327

section 59(1)(h) of the Finance Act 200428

section 256(2)(e) of the National Health Service Act 200629

section 194(2)(e) of the National Health Service (Wales) Act 200630

in the definition of “registered housing association” in regulation 2(1) of Housing Benefit Regulations 200631

in the definition of “registered housing association” in regulation 2(1) of the Housing Benefit (Persons who have attained qualifying age for state pension benefit) Regulations 200632

in the definition of “registered social landlord” in regulation 2 of the Community Benefit Societies (Restrictions on Use of Assets) Regulations 200633.

SCH-1.2

2. Housing Act 1985

(1) In the following provisions of the Housing Act 1985 any reference to the Housing Corporation shall be treated as if it were a reference to the Regulator of Social Housing—

sections 5(4), 6A, 45(2), 92(2A)(a), 171(2) and 429A(2A)

ground 10A in Part II and paragraph 6 of Part V of Schedule 2 and paragraph 7(1) of Schedule 434

(2) Section 151B of the Housing Act 1985 shall have effect as if after subsection (5) there were inserted—

SCH-1.5A

“5A In subsection (5) “the Relevant Authority” includes the Homes and Communities Agency but does not include the Regulator of Social Housing.”.

(3) Section 156(4) of the Housing Act 1985 shall have effect as if after subsection (4) there were inserted—

SCH-1.4ZA

“4ZA In subsection (4) “the Relevant Authority” includes the Homes and Communities Agency but does not include the Regulator of Social Housing.”.

SCH-1.3

3. Housing Associations Act 1985

(1) In the following provisions of the Housing Associations Act 1985 any reference to the Housing Corporation shall be treated as if it were a reference to the Regulator of Social Housing—

sections 9(1A)(a), 9(6)(a), 10(1)(a), 33A, 75(1A) and 77

paragraph 6(2)(b) of Part I and paragraph 2(2)(b) of Part VI of Schedule 535.

(2) Section 69 of the Housing Associations Act 198536(power to vary or terminate certain agreements with housing associations) shall have effect as if—

(a)

(a) in subsection (1) in paragraph (a) for the words from “(including” to the end there were substituted “under which rights and obligations have been transferred to the Regulator of Social Housing;”,

(b)

(b) subsection (2A) were omitted, and

(c)

(c) before subsection (3) there were inserted—

SCH-1....

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