SCHEDULE 16 continued
61 (1) Subject to the following provisions, in each place in Part II (including headings) except in the phrases “Housing Corporation” and “the Income and Corporation Taxes Act 1988”, for “Corporation” substitute “Relevant Authority”.
(2) Sub-paragraph (1) and paragraphs 64 to 66 extend only to England and Wales.
62 Omit section 46 (Housing for Wales).
63 Omit section 47 (transfer to Housing for Wales of regulation etc. of housing associations based in Wales).
64 (1) Section 50 (housing association grants applied for before the commencement of section 28(1) of the [1996 c. 52.] Housing Act 1996) is amended as follows.
(2) For subsection (5) (approval required for appointment of local housing authority as agent) substitute—
“(5) In subsection (4) above “the appropriate approval” means—
(a) if the appointment is made by the Housing Corporation, the approval of the Secretary of State given with the consent of the Treasury, and
(b) if the appointment is made by the Secretary of State, the consent of the Treasury.”
(3) In subsection (8) (agreements between the Housing Corporation and Housing for Wales)—
(a) for “Housing for Wales” substitute “the Secretary of State”, and
(b) for “two Corporations” substitute “Housing Corporation and the Secretary of State”.
65 In section 53(2) (general determinations by the Corporation only to be made with approval of Secretary of State), for “Corporation” substitute “Housing Corporation”.
66 In section 57 (delegation of functions by Secretary of State)—
(a) for “Corporation” substitute “Housing Corporation”,
(b) after “functions” insert “, so far as they relate to English registered social landlords,”, and
(c) at the end insert—
“In this section “English registered social landlords” means social landlords registered in the register maintained by the Housing Corporation under section 1 of the [1996 c. 52.] Housing Act 1996.”
67 In section 59(2) (introduction of Schedule 6)—
(a) in paragraph (b), omit “the establishment by this Part of this Act of Housing for Wales and”, and
(b) in paragraph (c), for “other” substitute “the”.
68 In section 81 (consent of Secretary of State to certain subsequent disposals of houses disposed of by housing action trusts)—
(a) in subsection (6), for “Corporation” (in both places) substitute “Housing Corporation”, and
(b) in subsection (7), for “in accordance with subsection (6) above” substitute “under this section”.
69 (1) Section 82 (legal assistance to tenants) is amended as follows.
(2) In subsections (2), (3) and (4) (and in the side-note), for “Corporation” (in each place) substitute “Relevant Authority”.
(3) In subsection (5)—
(a) for “Corporation”, in the first and second places, substitute “Relevant Authority”, and
(b) for “which Corporation that is” substitute “whether that is the Housing Corporation or the Secretary of State”.
70 Omit section 92(2) (meaning of “the Corporation” in Part III).
71 In section 133 (consent of Secretary of State to certain subsequent disposals of houses disposed of by local authorities)—
(a) in subsection (6), omit “or Housing for Wales”, and
(b) in subsection (7), for “in accordance with subsection (6) above” substitute “under this section”.
72 In section 140(1) (amendments), omit the words “and in that Schedule” onwards.
73 Omit Schedule 5 (constitution etc. of Housing for Wales).
74 The Local Government and Housing Act 1989 has effect subject to the following amendments.
75 In section 172(2)(b) (transfer of new town housing stock), omit “or Housing for Wales”.
76 (1) Section 173 (consent required for subsequent disposals) is amended as follows.
(2) In subsection (6), omit “or Housing for Wales”.
(3) In subsection (7), for “in accordance with subsection (6) above” substitute “under this section”.
77 The Taxation of Chargeable Gains Act 1992 has effect subject to the following amendments.
78 In section 218(3) (disposals between Housing for Wales and certain housing associations), for ““Housing for Wales”” substitute ““the Secretary of State””.
79 In section 219(2) (disposals by Housing for Wales etc. and certain housing associations), for ““Housing for Wales”” substitute ““the Secretary of State””.
80 In the heading preceding section 218 and in the sidenotes of that section and section 219, for “Housing for Wales” substitute “the Secretary of State”.
81 Part I of the Housing Act 1996 has effect subject to the following amendments.
82 (1) Subject to the following provisions, in each place (including headings and sidenotes) except in the phrase “Housing Corporation”—
(a) for “Corporation” substitute “Relevant Authority”, and
(b) for “Corporation's” substitute “Relevant Authority's”.
(2) Sub-paragraph (1) does not apply to Schedule 3.
83 (1) Section 1 (register of social landlords) is amended as follows.
(2) In subsection (1), omit “at the head office of the Corporation”.
(3) After that subsection insert—
“(1A) In this Part “the Relevant Authority” means the Housing Corporation or the Secretary of State, as provided by section 56.
(1B) The register maintained by the Housing Corporation shall be maintained at its head office.”
(4) Omit subsection (2).
84 (1) Section 9 (Corporation’s consent required for disposal of land by registered social landlord) is amended as follows.
(2) In subsection (1), omit “, given by order under the seal of the Corporation,”.
(3) After that subsection insert—
“(1A) The consent—
(a) if given by the Housing Corporation, shall be given by order under its seal, and
(b) if given by the Secretary of State, shall be given by order in writing.”
85 (1) Section 18 (social housing grants) is amended as follows.
(2) For subsection (5) substitute—
“(5) The appointment—
(a) if made by the Housing Corporation, shall be on such terms as the Housing Corporation may, with the approval of the Secretary of State given with the consent of the Treasury, specify, and
(b) if made by the Secretary of State, shall be on such terms as the Secretary of State may, with the consent of the Treasury, specify;
and, in either case, the authority shall act in accordance with those terms.”
(3) In subsection (8)—
(a) for “Housing for Wales” substitute “the Secretary of State”, and
(b) for “two Corporations” substitute “Housing Corporation and the Secretary of State”.
86 For section 30(5) (notices requiring giving of information or production of documents) substitute—
“(5) A notice under this section—
(a) if given by the Housing Corporation, shall be given under its seal, and
(b) if given by the Secretary of State, shall be given in writing.”
87 For section 36(3) and (4) (issue of guidance about management of housing accommodation) substitute—
“(3) Before issuing any guidance under this section the Relevant Authority shall consult such bodies appearing to the Relevant Authority to be representative of registered social landlords as the Relevant Authority considers appropriate; and where the Relevant Authority issues guidance under this section it shall be issued in such manner as the Relevant Authority considers appropriate for bringing it to the notice of the landlords concerned.
(4) The Housing Corporation shall not issue guidance under this section unless—
(a) it has been submitted in draft to the Secretary of State for his approval, and
(b) the Secretary of State has given his approval to the draft.”
88 (1) Section 46 (appointment of manager to implement agreed proposals) is amended as follows.
(2) In subsections (1) and (6), omit “under its seal”.
(3) After subsection (6) insert—
“(7) An order under this section—
(a) if made by the Housing Corporation, shall be made under its seal, and
(b) if made by the Secretary of State, shall be made in writing.”
89 In section 49(3) (forms of assistance which require consent of Secretary of State), for “following forms of assistance require” substitute “giving by the Housing Corporation of the following forms of assistance requires”.
90 In section 51(2) (the bodies that are social landlords for the purposes of having complaints against them investigated by a housing ombudsman)—
(a) in paragraph (a), after “registered social landlord” insert “or a body which was at any time a registered social landlord”, and
(b) in paragraph (d), for “Corporation” substitute “Housing Corporation, or with Housing for Wales,”.
91 In section 52(1) (provisions about powers of Secretary of State to make orders), for “this Part” substitute “section 2, 17, 39, 51 or 55 or Schedule 2”.
92 In section 53(1), (4) and (5) (provisions about determinations), for “Corporation” substitute “Housing Corporation”.
93 In section 54 (determinations requiring the Secretary of State’s approval), for “Corporation” substitute “Housing Corporation”.
94 In section 56(1), (2) and (4) (definitions), for “Housing for Wales” substitute “the Secretary of State”.
95 In section 64 (index of defined expressions)—
(a) omit the entry relating to “the Corporation”, and
(b) after the entry relating to “registrar of companies” insert—
| “the Relevant Authority | section 56”. |
96 (1) Schedule 1 (regulation of registered social landlords) is amended as follows.
(2) In paragraphs 9 and 11—
(a) in sub-paragraph (3), omit “given by order under the seal of the Corporation”, and
(b) after that sub-paragraph insert—
“(3A) Consent under sub-paragraph (3)—
(a) if given by the Housing Corporation, shall be given by order under its seal, and
(b) if given by the Secretary of State, shall be given by order in writing.”
(3) In paragraphs 12(6) and 13(7), for “are to consent given by order under the seal of the Corporation” substitute “are—
(a) if it is given by the Housing Corporation, to consent given by order under its seal, and
(b) if it is given by the Secretary of State, to consent given by order in writing.”
(4) For paragraph 15(5) substitute—
“(5) In any other case—
(a) the Relevant Authority may dispose of property transferred to it by virtue of this paragraph to a registered social landlord, and
(b) the Housing Corporation may dispose of property transferred to it by virtue of this paragraph to any of its subsidiaries.”
(5) In paragraph 20(3)—
(a) after “appointed”, in the first place, insert “by the Housing Corporation to conduct an inquiry”,
(b) for “Corporation” substitute “Housing Corporation”, and
(c) before “appointed”, in the second place, insert “so”.
(6) In paragraph 27(1)—
(a) omit “, with the consent of the Secretary of State,”, and
(b) at the end insert—
“The consent of the Secretary of State is required for the giving of directions by the Housing Corporation.”
(7) In paragraph 27(4), for “The consent” substitute “If the transfer is directed by the Housing Corporation, the consent”.
(8) In paragraph 28(2), in the entry relating to section 79 of the [1985 c. 69.] Housing Associations Act 1985, for “Housing Corporation” substitute “Relevant Authority”.
97 (1) Schedule 2 (social rented sector: housing complaints) is amended as follows.
(2) In paragraph 6(2), for “Corporation” (in both places) substitute “Housing Corporation”.
(3) In paragraph 11(4), for “Corporation” (in both places) substitute “Housing Corporation”.
98 The Audit Commission Act 1998 has effect subject to the following amendments.
99 (1) Section 40 (power of Secretary of State to direct carrying out of programme agreed between the Corporation and the Audit Commission) is amended as follows.
(2) In subsection (1), for “Corporation” substitute “Relevant Authority”.
(3) In subsection (2), for “Corporation” substitute “Housing Corporation”.
(4) After that subsection insert—
“(2A) Where the Secretary of State and the Commission fail to agree a programme proposed by the Secretary of State, the Secretary of State may direct that the programme be carried out either without modifications or with modifications specified in the direction.”
(5) In subsections (4) and (6), for “Corporation” (in each place) substitute “Relevant Authority”.
100 In section 41(1) and (4) (provisions supplementary to section 40), for “Corporation” substitute “Relevant Authority”.
101 In section 42 (functions of Audit Commission in relation to accounts of registered social landlords), for “Corporation” (in each place) substitute “Relevant Authority”.
102 In section 43 (interpretation), for “Corporation” substitute “Relevant Authority”.