Law

Housing and Planning Act 2016

United Kingdom · statute

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In force since 2026-10-31, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 206 provisions

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206 provisions

183 Notice of general vesting declaration procedure

Schedule 15 changes the notice requirements for general vesting declarations.

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184 Earliest vesting date under general vesting declaration

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 ”.

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185 No general vesting declaration after notice to treat

In section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 (execution of declaration), after subsection (1) insert— (1A) But an acquiring authority may not execute a declaration in respect of land if they have served a notice to treat in respect of that land and have not withdrawn it. (1B) In subsection (1A) the reference to an authority having “served” a notice does not include cases in which the authority is deemed to have served a notice.

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186 Extended notice period for taking possession following notice to treat

(1) The Compulsory Purchase Act 1965 is amended as follows. (2) In section 11 (powers of entry)— (a) in subsection (1)— (i) for “not less than fourteen days notice” substitute “ a notice of entry ”; and (ii) after “specified in the notice” insert “ , after the end of a period specified in the notice ”; (b) after subsection (1) insert— (1A) A notice of entry under subsection (1) must specify the period after the end of which the acquiring authority may enter on and take possession of the land to which the notice relates. (1B) The period specified in a notice of entry under subsection (1) must not end earlier than the end of the period of 3 months beginning with the day on which the notice is served unless it is a notice to which section 11A(4) or paragraph 13 of Schedule 2A applies. (3) After section 11 insert— Powers of entry: further notices of entry 11A (1) This section applies where— (a) an acquiring authority have given a notice of entry under section 11(1) but have not yet entered on and taken possession of the land, and (b) the authority become aware of an owner, lessee or occupier (“the newly identified person”) to whom they ought to have given a notice to treat under section 5(1) but have not. (2) Any notice of entry already served under section 11(1) remains valid, but the authority may not enter on and take possession of the land unless they serve on the newly identified person— (a) a notice to treat under section 5(1), and (b) a notice of entry under section 11(1). (3) Subsection (4) applies for the purpose of determining the period to be specified in the notice of entry under section 11(1) served on the newly identified person if— (a) the person is an occupier of the land and the authority were not aware of the person because they were given misleading information when carrying out inquiries under section 5(1), or (b) the person is not an occupier of the land. (4) The period specified in the notice must be a period that ends— (a) no earlier than the end of the period of 14 days beginning with the day on which the notice of entry is served, and (b) no earlier than the end of the period specified in any previous notice of entry given by the acquiring authority in respect of the land.

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187 Counter-notice requiring possession to be taken on specified date

(1) The Compulsory Purchase Act 1965 is amended as follows. (2) In section 11 (powers of entry), after subsection (1B) (inserted by section 186 of this Act), insert— (1C) A notice of entry under subsection (1) must explain the effect of section 11B (counter-notice requiring possession to be taken on specified date) and give an address at which the acquiring authority may be served with a counter-notice. (3) After section 11A (inserted by section 186 above) insert— Counter-notice requiring possession to be taken on specified date 11B (1) Where an acquiring authority serve a notice of entry under section 11(1) on an occupier with an interest in land, the occupier may serve a counter-notice requiring the acquiring authority to take possession of the land by no later than a date specified in the counter-notice. (2) If the occupier gives up possession of the land on or before the specified date the acquiring authority are to be treated as having taken possession on that date (unless the acquiring authority has in fact taken possession before that date). (3) The date specified in the counter-notice— (a) must not be before the end of the period specified in the notice of entry under section 11(1), and (b) must be at least 28 days after the day on which the counter-notice is served. (4) A counter-notice under subsection (1) has no effect if the notice to treat relating to the land is withdrawn or ceases to have effect before the date specified in the counter-notice. (5) A counter-notice under subsection (1) has no effect if it would require an acquiring authority to take possession of land at a time when section 11A or paragraph 6 of Schedule 2A prohibit the authority from entering on and taking possession of the land. (6) If subsection (5) applies, the authority must notify the occupier who served the counter-notice— (a) that the counter-notice has no effect, and (b) if the authority serve a notice of entry as mentioned in section 11A(2)(b), of the date after which the authority could enter on and take possession of the land. (7) If a counter-notice served under subsection (1) has no effect because of subsection (5), the occupier who served it may serve a further counter-notice. (8) Where a notice of entry under section 11(1) is served on more than one occupier with the same interest in the land, a reference in this section to the occupier with an interest in land is to all of them acting together.

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188 Agreement to extend notice period for possession following notice to treat

In section 11 of the Compulsory Purchase Act 1965 (powers of entry), after subsection (1C) (inserted by section 187 of this Act), insert— (1D) An acquiring authority may extend the period specified in a notice of entry under subsection (1) by agreement with each person on whom it was served. (1E) A reference in this Act to the period specified in a notice of entry under subsection (1) is to the period as extended by any agreement under subsection (1D).

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189 Corresponding amendments to the New Towns Act 1981

(1) 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. (2) In paragraph 4— (a) in sub-paragraph (1)— (i) 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 ”; (ii) in the words after paragraph (b), omit “(not being less than 14 days)”; (b) after sub-paragraph (2) insert— (2A) The period specified in a notice under sub-paragraph (1) must not end earlier than the end of the period of 3 months beginning with the day on which the notice is served unless— (a) it is a notice to which paragraph 4A(4) applies, or (b) it is a notice to which paragraph 13 of Schedule 2A to the Compulsory Purchase Act 1965 (as modified by paragraph 1(2)(g) above) applies. (2B) A notice under sub-paragraph (1) must explain the effect of paragraph 4B (counter-notice requiring possession to be taken on specified date) and give an address at which the acquiring authority may be served with a counter-notice. (2C) An acquiring authority may extend the period specified in a notice under sub-paragraph (1) by agreement with each person on whom it was served. (2D) A reference in this Schedule to the period specified in a notice under sub-paragraph (1) is to the period as extended by any agreement under sub-paragraph (2C). (3) After paragraph 4 insert— 4A (1) This paragraph applies where— (a) an acquiring authority have given a notice under paragraph 4(1) but have not yet entered on and taken possession of the land, and (b) the authority become aware of an owner (“the newly identified owner”) to whom they ought to have given a notice to treat under section 5(1) of the Compulsory Purchase Act 1965 but have not. (2) Any notice already served under paragraph 4(1) remains valid, but the authority may not enter on and take possession of the land unless they serve on the newly identified owner— (a) a notice to treat under section 5(1) of the Compulsory Purchase Act 1965, and (b) a notice under paragraph 4(1). (3) Sub-paragraph (4) applies for the purpose of determining the period to be specified in the notice under paragraph 4(1) served on the newly identified owner if— (a) the owner is an occupier of the land and the authority were not aware of the owner because they were given misleading information when carrying out inquiries under section 5(1) of the Compulsory Purchase Act 1965, or (b) the owner is not an occupier of the land. (4) The period must be a period that ends— (a) no earlier than the end of the period of 14 days beginning with the day on which the notice of entry is served, and (b) no earlier than the end of the period specified in any previous notice under paragraph 4(1) given by the acquiring authority in respect of the land. (5) This paragraph applies instead of section 11A of the Compulsory Purchase Act 1965. 4B (1) Where the acquiring authority serves a notice under paragraph 4(1) on an occupier with an interest in land, the occupier may serve a counter-notice requiring the acquiring authority to take possession of the land by no later than a date specified in the counter-notice. (2) If the occupier gives up possession of the land on or before the specified date, the acquiring authority is to be treated as having taken possession on that date (unless the acquiring authority has in fact taken possession before that date). (3) The date specified in the counter-notice— (a) must not be before the end of the period specified in the notice under paragraph 4(1), and (b) must be at least 28 days after the day on which the counter-notice is served. (4) A counter-notice under sub-paragraph (1) has no effect if the notice to treat relating to the land is withdrawn or ceases to have effect before the date specified in the counter-notice. (5) A counter-notice under sub-paragraph (1) has no effect if it would require an acquiring authority to take possession of land at a time when either paragraph 4A of this Schedule or paragraph 6 of Schedule 2A to the Compulsory Purchase Act 1965 prohibit the authority from entering on and taking possession of the land. (6) If sub-paragraph (5) applies, the authority must notify the occupier who served the counter-notice— (a) that the counter-notice has no effect, and (b) if the authority serve a notice under paragraph 4(1) of this Schedule as mentioned in paragraph 4A(2)(b) of this Schedule, of the date after which the authority could enter on and take possession of the land. (7) If a counter-notice served under sub-paragraph (1) has no effect because of sub-paragraph (5), the occupier who served it may serve a further counter-notice. (8) Where a notice under paragraph 4(1) is served on more than one occupier with the same interest in the land, a reference in this section to the occupier with an interest in land is to all of them acting together. (9) This paragraph applies instead of section 11B of the Compulsory Purchase Act 1965.

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190 Abolition of alternative possession procedure following notice to treat

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.

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191 Extended notice period for taking possession following vesting declaration

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 ”.

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192 Making a claim for compensation

(1) After section 4 of the Land Compensation Act 1961 (costs) insert— Making a claim for compensation 4A (1) The appropriate national authority may by regulations impose further requirements about the notice mentioned in section 4(1)(b). (2) In subsection (1) “appropriate national authority” means— (a) in relation to a claim for compensation for the compulsory acquisition of land in England, the Secretary of State; (b) in relation to a claim for compensation for the compulsory acquisition of land in Wales, the Welsh Ministers. (3) Regulations under subsection (1) may make provision about— (a) the form and content of the notice, and (b) the time at which the notice must be given. (4) Regulations under subsection (1) may permit or require a person specified in the regulations to design the form of the notice. (5) Regulations under subsection (1) may require an acquiring authority to supply, at specified stages of the compulsory acquisition process, copies of a form to be used in giving the notice. (6) Regulations under subsection (1) are to be made by statutory instrument. (7) A statutory instrument containing regulations under subsection (1) is subject to annulment— (a) in the case of an instrument made by the Secretary of State, in pursuance of a resolution of either House of Parliament; (b) in the case of an instrument made by the Welsh Ministers, in pursuance of a resolution of the National Assembly for Wales. (2) In section 5 of the Compulsory Purchase Act 1965 (notice to treat and untraced owners), after subsection (2) insert— (2ZA) For provision about notice of claims for compensation, see sections 4 and 4A of the Land Compensation Act 1961.

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193 Compensation after withdrawal of notice to treat

(1) Section 31 of the Land Compensation Act 1961 (withdrawal of notices to treat) is amended in accordance with subsections (2) and (3). (2) After subsection (3) insert— (3A) Where the acquiring authority withdraw a notice to treat under this section, the authority shall also be liable to pay a person compensation for any loss or expenses occasioned by the person as a result of the giving and withdrawal of the notice to treat if the person— (a) acquired the interest to which the notice to treat relates before its withdrawal, and (b) has not subsequently been given a notice to treat in relation to that interest. (3) In subsection (4), after “(3)” insert “ or (3A) ”. (4) 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) ”.

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194 Making a request for advance payment of compensation

(1) The Land Compensation Act 1973 is amended as follows. (2) In section 52 (right to advance payment of compensation), for subsection (2) substitute— (2) A request for advance payment must be made in writing by the person entitled to it (“the claimant”) and must include— (a) details of the claimant's interest in the land, and (b) information to enable the acquiring authority to estimate the amount of the compensation in respect of which the advance payment is to be made. (2A) Within 28 days of receiving a request, the acquiring authority must— (a) determine whether they have enough information to estimate the amount of compensation, and (b) if they need more information, require the claimant to provide it. (3) In section 52ZC (land subject to mortgage: supplementary), for subsection (2) substitute— (2) Within 28 days of receiving a request for a payment under section 52ZA or 52ZB, the acquiring authority must— (a) determine whether they have enough information to give effect to section 52ZA or, as the case may be, 52ZB, and (b) if they need more information, require the claimant to provide it. (4) After section 52ZC (land subject to mortgage: supplementary) insert— Making a request for advance payment 52ZD (1) The appropriate national authority may by regulations impose requirements about the form and content of a request under section 52(2), 52ZA(3) or 52ZB(3). (2) In subsection (1) “appropriate national authority” means— (a) in relation to a request relating to the compulsory acquisition of land in England, the Secretary of State; (b) in relation to a request relating to the compulsory acquisition of land in Wales, the Welsh Ministers. (3) Regulations under subsection (1) may permit or require a person specified in the regulations to design a form to be used in making a request. (4) Regulations under subsection (1) may require an acquiring authority to supply, at specified stages of the compulsory acquisition process, copies of a form to be used in making a request. (5) Regulations under subsection (1) are to be made by statutory instrument. (6) A statutory instrument containing regulations under subsection (1) is subject to annulment— (a) in the case of an instrument made by the Secretary of State, in pursuance of a resolution of either House of Parliament; (b) in the case of an instrument made by the Welsh Ministers, in pursuance of a resolution of the National Assembly for Wales.

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195 Power to make and timing of advance payment

(1) The Land Compensation Act 1973 is amended as follows. (2) In section 52 (right to advance payment of compensation)— (a) for subsections (1) to (1B) substitute— (1) An acquiring authority may make an advance payment on account of compensation payable by them for the compulsory acquisition of an interest in land if a request has been made under subsection (2) after the compulsory acquisition has been authorised. (1A) In a case where the compulsory acquisition is one to which the Lands Clauses Consolidation Act 1845 applies, the acquiring authority may not make an advance payment if they have not taken possession of the land, but must do so if they have. (1B) In all other cases, an acquiring authority must make an advance payment under subsection (1) if, before or after the request is made, the authority— (a) give a notice of entry under section 11(1) of the Compulsory Purchase Act 1965, or (b) execute a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 in respect of that land. ; (b) for subsection (4) substitute— (4) An advance payment required by subsection (1A) must be made— (a) before the end of the day on which the authority take possession of the land, or (b) if later, before the end of the period of two months beginning with the day on which the authority— (i) received the request for the advance payment, or (ii) received any further information required under subsection (2A)(b). (4ZA) An advance payment required by subsection (1B) must be made— (a) before the end of the day on which the notice of entry is given or the general vesting declaration is executed, or (b) if later, before the end of the period of two months beginning with the day on which the authority— (i) received the request for the advance payment, or (ii) received any further information required under subsection (2A)(b). ; (c) omit subsection (11). (3) In section 52ZA (advance payments: land subject to mortgage for up to 90% of value), for subsection (1) substitute— (1) This section applies if— (a) a request is made for an advance payment under section 52(1) in respect of land, (b) the authority is required by section 52(1A) or (1B) to make the advance payment, and (c) the land is subject to a mortgage the principal of which does not exceed 90% of the relevant amount. (4) In section 52ZB (advance payments: land subject to mortgage for more than 90% of value)— (a) for subsection (1) substitute— (1) This section applies if— (a) a request is made for an advance payment under section 52(1) in respect of land, (b) the authority would be required by section 52(1A) or (1B) to make the advance payment if it were not for this section, and (c) the land is subject to a mortgage the principal of which exceeds 90% of the relevant amount. ; (b) in subsection (9)(c) for “section 52ZA(1)(b)” substitute “ section 52ZA(1)(c) ”. (5) In section 52ZC (land subject to mortgage: supplementary provisions)— (a) after subsection (3) insert— (3A) In a case where the compulsory acquisition to which the request relates is one to which the Lands Clauses Consolidation Act 1845 applies, the acquiring authority must make any payment under section 52ZA or 52ZB— (a) before the end of the day on which the authority take possession of the land, or (b) if later, before the end of the period of two months beginning with the day on which the authority— (i) received the request under section 52ZA(3) or 52ZB(3), or (ii) received any further information required under subsection (2). (3B) In all other cases, the authority must make any payment under section 52ZA or 52ZB— (a) before the end of the day on which the notice of entry is given or the general vesting declaration is executed, or (b) if later, before the end of the period of two months beginning with the day on which the authority— (i) received the request under section 52ZA(3) or 52ZB(3), or (ii) received any further information required under subsection (2). ; (b) in subsection (4) omit “(4) and”.

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196 Interest on advance payments of compensation

(1) The Land Compensation Act 1973 is amended as follows. (2) In section 52A (right to interest where advance payment made)— (a) in subsection (2), after the words “payment under section 52(1)” insert “ after the date of entry ”; (b) after subsection (2A) insert— (2B) In respect of any period in relation to which the acquiring authority is required to pay interest under section 52B (interest on advance payment), the interest payable under subsection (2) is limited to the interest which accrues on the difference between the total amount and the paid amount. (3) After section 52A insert— Interest on advance payments of compensation paid late 52B (1) If the acquiring authority are required by section 52(1A) or (1B) to make an advance payment of compensation but pay some or all of it late, the authority must pay interest on the amount which is paid late (“the unpaid amount”). (2) Interest under subsection (1) accrues on the unpaid amount for the period beginning with the day after the last day on which payment could have been made in accordance with section 52(4) or (4ZA). (3) If the amount of the advance payment is greater than the compensation as finally determined or agreed (“the actual amount”), the claimant must repay any interest paid under this section that is attributable to the amount by which the advance payment exceeded the actual amount. (4) The Treasury must by regulations specify the rate of interest for the purposes of subsection (1). (5) Regulations under subsection (4) may contain further provision in connection with the payment of interest under subsection (1). (6) Regulations under subsection (4) are to be made by statutory instrument. (7) A statutory instrument containing regulations under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.

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197 Repayment of advance payment where no compulsory purchase

(1) The Land Compensation Act 1973 is amended as follows. (2) Section 52 (right to advance payment of compensation) is amended in accordance with subsections (3) and (4). (3) Omit subsection (5). (4) In subsection (9), for the words from “he disposes” to the end substitute— (a) the claimant's interest in some or all of the land is acquired by another person, or (b) the claimant creates an interest in some or all of the land in favour of a person other than the acquiring authority, 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. (5) After section 52 insert— Repayment by claimant etc. 52AZA (1) Where the amount or aggregate amount of any payments under section 52 made on the basis of the acquiring authority's estimate of the compensation exceeds the compensation as finally determined or agreed, the excess is to be repaid. (2) If after any payment under section 52 has been made to any person it is discovered that the person was not entitled to it, the person must repay it. (3) If the notice to treat relating to an interest in land in relation to which an acquiring authority have made a payment to a claimant under section 52 is withdrawn or has ceased to have effect before the authority take possession of the land, the authority may by notice require the claimant to pay them an amount equal to the amount of the payment, unless another person has acquired the whole of the claimant's interest in the land. (4) Subsection (5) applies where— (a) a payment made to a claimant has been registered as a local land charge in accordance with section 52(8A), (b) the whole of the claimant's interest in land has subsequently been acquired by another person (a “successor”), (c) any notice to treat given in relation to the interest is withdrawn or ceases to have effect before the acquiring authority take possession of the land, and (d) the authority notify the successor that they are not going to give the successor a notice to treat (or a further notice to treat) for the interest. (5) The authority may by notice require the successor to pay them an amount equal to the amount of any payment made to the claimant under section 52. (6) A notice under subsection (3) or (5) must specify the date by which the claimant or successor must pay the amount. (7) The date mentioned in subsection (6) must be after the period of two months beginning with the day on which the authority give the notice under subsection (3) or (5). (8) Neither subsection (3) nor subsection (5) affects a right to compensation under section 31(3) or (3A) of the Land Compensation Act 1961 or section 5(2C)(b) of the Compulsory Purchase Act 1965.

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198 Repayment of payment to mortgagee if land not acquired

In the Land Compensation Act 1973, after section 52ZD (inserted by section 194 above) insert— Payment to mortgagee recoverable if notice to treat withdrawn 52ZE (1) Where an acquiring authority have made a payment to a mortgagee under section 52ZA or 52ZB in relation to an interest in land and notify the claimant that the notice to treat relating to the interest is withdrawn or has ceased to have effect before the authority take possession of the land, the authority may by notice require the claimant to pay them an amount equal to the amount of the payment, unless another person has acquired the whole of the claimant's interest in the land. (2) Subsection (3) applies where— (a) a payment under section 52ZA or 52ZB has been registered as a local land charge in accordance with section 52(8A), (b) the whole of a claimant's interest in land has subsequently been acquired by another person (a “successor”), (c) any notice to treat given in relation to the interest is withdrawn or ceases to have effect before the authority take possession of the land, and (d) the acquiring authority notify the successor that they are not going to give the successor a notice to treat (or a further notice to treat) in relation to the interest. (3) The authority may by notice require the successor to pay them an amount equal to the amount of the payment. (4) A notice under subsection (1) or (3) must specify the date by which the claimant or successor must pay the amount. (5) The date mentioned in subsection (4) must be after the period of two months beginning with the day on which the authority give the notice under subsection (1) or (3). (6) Neither subsection (1) nor subsection (3) affects a right to compensation under section 31(3) or (3A) of the Land Compensation Act 1961 or section 5(2C)(b) of the Compulsory Purchase Act 1965.

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199 Objection to division of land

(1) 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. (2) 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.

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200 Objection to division of land: blight notices

(1) The Town and Country Planning Act 1990 is amended as follows. (2) In section 153 (reference of objection to Upper Tribunal), after subsection (4) insert— (4A) Where the effect of a blight notice would be a compulsory purchase to which Part 1 of the Compulsory Purchase Act 1965 applies, the Upper Tribunal may uphold an objection on the grounds mentioned in section 151(4)(c) only if it is satisfied that the part of the hereditament or affected area proposed to be acquired in the counter-notice— (a) in the case of a house, building or factory, can be taken without material detriment to the house, building or factory, or (b) in the case of a park or garden belonging to a house, can be taken without seriously affecting the amenity or convenience of the house. (3) In section 166 (saving for claimant's right to sell whole hereditament etc.)— (a) in subsection (1) omit paragraph (b) (and the “or” before it); (b) omit subsection (2).

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201 Power to quash decision to confirm compulsory purchase order

In section 24 of the Acquisition of Land Act 1981 (powers of the court), after subsection (2) insert— (3) If the court has power under subsection (2) to quash a compulsory purchase order it may instead quash the decision to confirm the order either generally or in so far as it affects any property of the applicant.

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202 Extension of compulsory purchase time limit during challenge

(1) After section 4 of the Compulsory Purchase Act 1965 (time limit for giving notice to treat) insert— Extension of time limit during challenge 4A (1) If an application is made under section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 4 is to be extended by— (a) a period equivalent to the period beginning with the day the application is made and ending on the day it is withdrawn or finally determined, or (b) if shorter, one year. (2) An application is not finally determined for the purposes of subsection (1)(a) if an appeal in respect of the application— (a) could be brought (ignoring any possibility of an appeal out of time with permission), or (b) has been made and not withdrawn or finally determined. (2) After section 5A of the Compulsory Purchase (Vesting Declarations) Act 1981 (time limit for general vesting declaration) insert— Extension of time limit during challenge 5B (1) If an application is made under section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 5A is to be extended by— (a) a period equivalent to the period beginning with the day the application is made and ending on the day it is withdrawn or finally determined, or (b) if shorter, one year. (2) An application is not finally determined for the purposes of subsection (1)(a) if an appeal in respect of the application— (a) could be brought (ignoring any possibility of an appeal out of time with permission), or (b) has been made and not withdrawn or finally determined.

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203 Power to override easements and other rights

(1) A person may carry out building or maintenance work to which this subsection applies even if it involves— (a) interfering with a relevant right or interest, or (b) breaching (i) a restriction as to the user of land arising by virtue of a contract , or (ii) an obligation under a conservation covenant. (2) Subsection (1) applies to building or maintenance work where— (a) there is planning consent for the building or maintenance work, (b) the work is carried out on land that has at any time on or after the relevant day — (i) become vested in or acquired by a specified authority or a specified company acting on behalf of a specified authority, or (ii) been appropriated by a local authority for planning purposes as defined by section 246(1) of the Town and Country Planning Act 1990, (c) the authority could acquire the land compulsorily for the purposes of the building or maintenance work, and (d) 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). (3) Subsection (1) also applies to building or maintenance work where— (a) there is planning consent for the building or maintenance work, (b) the work is carried out on other qualifying land, (c) the qualifying authority in relation to the land could acquire the land compulsorily for the purposes of the building or maintenance work, and (d) 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. (4) A person may use land in a case to which this subsection applies even if the use involves— (a) interfering with a relevant right or interest, or (b) breaching (i) a restriction as to the user of land arising by virtue of a contract , or (ii) an obligation under a conservation covenant. (5) Subsection (4) applies to the use of land in a case where— (a) there is planning consent for that use of the land, (b) the land has at any time on or after the relevant day — (i) become vested in or acquired by a specified authority or a specified company acting on behalf of a specified authority , or (ii) been appropriated by a local authority for planning purposes as defined by section 246(1) of the Town and Country Planning Act 1990, (c) 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 (d) the use is for purposes related to the purposes for which the land was vested, acquired or appropriated as mentioned in paragraph (b). (6) Subsection (4) also applies to the use of land in a case where— (a) there is planning consent for that use of the land, (b) the land is other qualifying land, and (c) 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 (d) 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. (7) 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. (8) 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. (9) Nothing in this section authorises an interference with— (a) a right of way on, under or over land that is a protected right, or (b) a right of laying down, erecting, continuing or maintaining apparatus on, under or over land if it is a protected right. (10) Nothing in this section authorises— (a) an interference with a relevant right or interest annexed to land belonging to the National Trust which is held by the National Trust inalienably, ... (b) a breach of a restriction as to the user of land which does not belong to the National Trust— (i) arising by virtue of a contract to which the National Trust is a party, or (ii) benefiting land which does belong to the National Trust , or (c) a breach of an obligation under a conservation covenant owed to the National Trust. (11) For the purposes of subsection (10)— (a) “National Trust” means the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907, and (b) 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.

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204 Compensation for overridden easements etc

(1) 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). (1A) But a person is not liable to pay compensation under this section for breaching an obligation under a conservation covenant. (2) The compensation is to be calculated on the same basis as compensation payable under sections 7 and 10 of the Compulsory Purchase Act 1965. (3) Where a person other than a specified or qualifying authority is liable to pay compensation under this section but has not paid— (a) the liability is enforceable against the authority, but (b) the authority may recover from that person any amount it pays out. (4) The authority against which a liability is enforceable by virtue of subsection (3)(a) is— (a) 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, (b) 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 (c) in all other cases, the specified or qualifying authority in which the land was vested, or by which the land was acquired or appropriated. (5) Any dispute about compensation payable under this section may be referred to and determined by the Upper Tribunal.

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205 Interpretation of sections 203 and 204

(1) In sections 203 and 204— “building or maintenance work” means the erection, construction, carrying out or maintenance of any building or work; “obligation under a conservation covenant” has the same meaning as in Part 7 of the Environment Act 2021; “other qualifying land” means land in England and Wales that has at any time before 13 July 2016 been— acquired by the National Assembly for Wales or the Welsh Ministers under section 21A of the Welsh Development Agency Act 1975; vested in or acquired by an urban development corporation or a local highway authority for the purposes of Part 16 of the Local Government, Planning and Land Act 1980; acquired by a development corporation or a local highway authority for the purposes of the New Towns Act 1981; vested in or acquired by a housing action trust for the purposes of Part 3 of the Housing Act 1988; acquired or appropriated by a local authority for planning purposes as defined by section 246(1) of the Town and Country Planning Act 1990; vested in or acquired by the Homes and Communities Agency, apart from land the freehold interest in which was disposed of by the Agency before 12 April 2015; vested in or acquired by the Greater London Authority for the purposes of housing or regeneration, or vested in or acquired by a company or body through which the Greater London Authority exercises functions in relation to housing or regeneration, apart from land the freehold interest in which was disposed of before 12 April 2015— by the Authority, other than to a company or body through which it exercises functions in relation to housing or regeneration, or by such a company or body; vested in or acquired by a Mayoral development corporation (established under section 198(2) of the Localism Act 2011), apart from land the freehold interest in which was disposed of by the corporation before 12 April 2015; “planning consent” means— permission under Part 3 of the Town and Country Planning Act 1990 or section 293A of that Act Parts 3 or 13 of the Town and Country Planning Act 1990, ... development consent under the Planning Act 2008; , or infrastructure consent under the Infrastructure (Wales) Act 2024 “protected right” means— a right vested in, or belonging to, a statutory undertaker for the purpose of carrying on its statutory undertaking, or a right conferred by, or in accordance with, the electronic communications code on the operator of an electronic communications code network (and expressions used in this paragraph have the meaning given by paragraph 1(1) of Schedule 17 to the Communications Act 2003); “qualifying authority” in relation to other qualifying land means the person in whom the land was vested, or who acquired or appropriated the land, as mentioned in the definition of “other qualifying land (but, for the purposes of section 203(3)(c) and (6)(c), where that person is a company or body through which the Greater London Authority exercises functions in relation to housing or regeneration, the qualifying authority is the Greater London Authority); “ relevant day” means— in relation to a specified company which is a company or body through which Transport for London exercises any of its functions, 19th July 2017, and in all other cases, 13 July 2016. “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); “specified authority” means— a Minister of the Crown or the Welsh Ministers or a government department, a local authority as defined by section 7 of the Acquisition of Land Act 1981, a body established by or under an Act, a body established by or under an Act or Measure of the National Assembly for Wales, or a statutory undertaker; “ specified company ” means— a company or body through which the Greater London Authority exercises functions in relation to housing or regeneration, or a company or body through which Transport for London exercises any of its functions; “statutory undertaker” means— a person who is, or who is deemed to be, a statutory undertaker for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990, or a person in relation to whom the electronic communications code is applied by a direction under section 106(3)(a) of the Communications Act 2003; “statutory undertaking” is to be read in accordance with section 262 of the Town and Country Planning Act 1990 (meaning of “statutory undertakers”). (2) The Secretary of State may by regulations amend the definition of “specified authority” in subsection (1).

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206 Amendments to do with sections 203 and 204

Schedule 19 gets rid of legislation replaced by sections 203 and 204.

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212 Power to make transitional provision

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.

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213 Power to make consequential provision

(1) The Secretary of State may by regulations make provision that is consequential on any provision made by this Act. (2) 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.

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214 Regulations: general

(1) Regulations under this Act are to be made by statutory instrument. (2) A statutory instrument containing— (a) regulations under section 2, 3(6), 4 or 5, (b) regulations under section 14, (c) regulations under section 69(8), (d) regulations under section 74(9), (e) the first regulations under section 80, (f) regulations under section 85 that amend or repeal a provision of an Act, (g) regulations under section 93, (h) regulations under section 102 or paragraph 45 of Schedule 5, (i) regulations under section 122, (j) regulations under section 133, 134, or 135, (k) regulations under section 154(1), (l) 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, (m) regulations under section 205(2), (n) regulations under section 213 that amend or repeal a provision of an Act, or (o) regulations under paragraph 8 of Schedule 15 that amend or repeal a provision of an Act, (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. (3) Any other statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament. (4) Subsection (3) does not apply to a statutory instrument that only contains regulations under section 212 or 216. (5) 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. (6) Regulations under this Act may make— (a) consequential, supplementary, incidental, transitional or saving provision; (b) different provision for different purposes.

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215 Extent

(1) An amendment or repeal made by this Act has the same extent as the provision amended or repealed. (2) Chapter 5 of Part 4 and this Part extend to— (a) England and Wales, (b) Scotland, and (c) Northern Ireland. (3) Sections 207 and 208 extend to— (a) England and Wales, and (b) Scotland. (4) Subject to that, this Act extends to England and Wales only.

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216 Commencement

(1) The following come into force on the day on which this Act is passed— (a) this Part; (b) Chapter 2 of Part 4; (c) sections 136 and 137 and Schedule 10; (d) sections 139, 140, 149, 151, 152(1) and 157; (e) sections 161 to 168. (2) The following come into force at the end of the period of two months beginning with the day on which this Act is passed— (a) section 124; (b) section 130; (c) sections 150(1) to (3) and 153. (3) The other provisions of this Act come into force on such day as the Secretary of State may by regulations appoint. (4) Different days may be appointed for different purposes. (5) In respect of sections 181 and 183, and Schedule 15, different days may be appointed for different areas.

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217 Short title

This Act may be cited as the Housing and Planning Act 2016.

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SCHEDULE 1 Financial penalty for breach of banning order

Section 23 Notice of intent 1 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”). 2 (1) 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. (2) 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— (a) at any time when the conduct is continuing, or (b) within the period of 6 months beginning with the last day on which the conduct occurs. 3 The notice of intent must set out— (a) the amount of the proposed financial penalty, (b) the reasons for proposing to impose the financial penalty, and (c) information about the right to make representations under paragraph 4. Right to make representations 4 (1) 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. (2) 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”). Final notice 5 After the end of the period for representations the local housing authority must— (a) decide whether to impose a financial penalty on the person, and (b) if it decides to impose a financial penalty, decide the amount of the penalty. 6 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. 7 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. 8 The final notice must set out— (a) the amount of the financial penalty, (b) the reasons for imposing the penalty, (c) information about how to pay the penalty, (d) the period for payment of the penalty, (e) information about rights of appeal, and (f) the consequences of failure to comply with the notice. Withdrawal or amendment of notice 9 (1) A local housing authority may at any time— (a) withdraw a notice of intent or final notice, or (b) reduce the amount specified in a notice of intent or final notice. (2) The power in sub-paragraph (1) is to be exercised by giving notice in writing to the person to whom the notice was given. Appeals 10 (1) A person to whom a final notice is given may appeal to the First-tier Tribunal against— (a) the decision to impose the penalty, or (b) the amount of the penalty. (2) 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. (3) If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined or withdrawn. (4) An appeal under this paragraph— (a) is to be a re-hearing of the local housing authority's decision, but (b) may be determined having regard to matters of which the authority was unaware. (5) On an appeal under this paragraph the First-tier Tribunal may confirm, vary or cancel the final notice. (6) 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. Recovery of financial penalty 11 (1) 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. (2) 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. (3) In proceedings before the county court for the recovery of a financial penalty or part of a financial penalty, a certificate which is— (a) signed by the chief finance officer of the local housing authority which imposed the penalty, and (b) states that the amount due has not been received by a date specified in the certificate, is conclusive evidence of that fact. (4) A certificate to that effect and purporting to be so signed is to be treated as being so signed unless the contrary is proved. (5) In this paragraph “chief finance officer” has the same meaning as in section 5 of the Local Government and Housing Act 1989.

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SCHEDULE 2 Banned person may not hold HMO licence etc

Section 25 1 The Housing Act 2004 is amended as follows. 2 In section 64 (grant or refusal of HMO licence), in subsection (3), after paragraph (a) insert— (aa) that no banning order under section 16 of the Housing and Planning Act 2016 is in force against a person who— (i) owns an estate or interest in the house or part of it, and (ii) is a lessor or licensor of the house or part; . 3 In section 66 (HMO licence: tests for fitness etc), after subsection (3) insert— (3C) A person is not a fit and proper person for the purposes of section 64(3)(b) or (d) if a banning order under section 16 of the Housing and Planning Act 2016 is in force against the person. 4 In section 68 (licences: general requirements and duration), in subsection (3)(b), after “section 70” insert “ or 70A ”. 5 For the heading of section 70 substitute “ Power to revoke licences ”. 6 After section 70 insert— Duty to revoke licence in banning order cases 70A (1) The local housing authority must revoke a licence if a banning order is made against the licence holder. (2) The local housing authority must revoke a licence if a banning order is made against a person who— (a) owns an estate or interest in the house or part of it, and (b) is a lessor or licensor of the house or part. (3) The notice served by the local housing authority under paragraph 24 of Schedule 5 must specify when the revocation takes effect. (4) The revocation must not take effect earlier than the end of the period of 7 days beginning with the day on which the notice is served. (5) In this section “banning order” means a banning order under section 16 of the Housing and Planning Act 2016. 7 In section 88 (grant or refusal of Part 3 licence), in subsection (3), after paragraph (a) insert— (aa) that no banning order under section 16 of the Housing and Planning Act 2016 is in force against a person who— (i) owns an estate or interest in the house or part of it, and (ii) is a lessor or licensor of the house or part; . 8 In section 89 (Part 3 licences: tests for fitness etc), after subsection (3) insert— (3C) A person is not a fit and proper person for the purposes of section 88(3)(a) or (c) if a banning order under section 16 of the Housing and Planning Act 2016 is in force against the person. 9 In section 91 (licences: general requirements and duration), in subsection (3)(b), after “section 93” insert “ or 93A ”. 10 For the heading of section 93 substitute “ Power to revoke licences ”. 11 After section 93 insert— Duty to revoke licence in banning order cases 93A (1) The local housing authority must revoke a licence if a banning order is made against the licence holder. (2) The local housing authority must revoke a licence if a banning order is made against a person who— (a) owns an estate or interest in the house or part of it, and (b) is a lessor or licensor of the house or part. (3) The notice served by the local housing authority under paragraph 24 of Schedule 5 must specify when the revocation takes effect. (4) The revocation must not take effect earlier than the end of the period of 7 days beginning with the day on which the notice is served. (5) In this section “banning order” means a banning order under section 16 of the Housing and Planning Act 2016. 12 (1) Schedule 5 (licences under Parts 2 and 3: procedure and appeals) is amended as follows. (2) After paragraph 11 insert— 11A The requirements of paragraph 5 do not apply where the refusal to grant the licence was because of section 66(3C) or 89(3C) (person with banning order not a fit and proper person). (3) After paragraph 25 insert— 25A The requirements of paragraph 22 do not apply if the revocation is required by section 70A or 93A (duty to revoke licence in banning order cases). (4) After paragraph 32 insert— No rights of appeal where banning order involved 32A (1) The right of appeal under paragraph 31(1)(a) does not apply where a licence is refused because of section 66(3C) or 89(3C) (person with banning order not a fit and proper person). (2) The right of appeal under paragraph 32(1)(a) does not apply in relation to the revocation of a licence required by section 70A or 93A (duty to revoke licence in banning order cases).

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SCHEDULE 3 Management orders following banning order

Section 26 1 The Housing Act 2004 is amended as follows. 2 (1) Section 101 (interim and final management orders) is amended as follows. (2) 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 ”. (3) In subsection (3)(b), omit “the grant of a licence under Part 2 or 3 in respect of the house or”. (4) In subsection (5), after “section 102(7)” insert “ or (7A) ”. (5) After subsection (6) insert— (6A) In this Chapter any reference to “the house”, in relation to an interim or final management order that relates to property let in breach of a banning order under section 16 of the Housing and Planning Act 2016, means the property let in breach of that order. (6B) In this Chapter any reference to property that is let in breach of a banning order under section 16 of the Housing and Planning Act 2016 includes property in respect of which a breach is (or would be) caused by a licence to occupy. (6C) When determining for the purposes of this Chapter whether property is let in breach of a banning order disregard any exception included in the banning order in reliance on section 17 of the Housing and Planning Act 2016. 3 (1) Section 102 (making of interim management orders) is amended as follows. (2) In subsection (1)(b), for “or (7)” substitute “ , (7) or (7A) ”. (3) After subsection (7) insert— (7A) The authority may make an interim management order in respect of any property let in breach of a banning order under section 16 of the Housing and Planning Act 2016. (4) In subsection (9), after “the making of an interim management order” insert “ under subsection (2), (3), (4) or (7) ”. 4 (1) Section 105 (operation of interim management orders) is amended as follows. (2) After subsection (7) insert— (7A) An order under section 102(7A) ceases to have effect (if it has not already ceased to have effect) when the ban on letting housing in England ceases to have effect. (7B) In subsection (7A) “the ban on letting housing in England” means the ban on letting contained in the banning order mentioned in section 102(7A). (3) In subsection (8), for “and” substitute “ to ”. (4) After subsection (9) insert— (9A) If— (a) the IMO was made under section 102(7A), and (b) the date on which the FMO or another interim management order comes into force in relation to the house (or part of it) following the disposal of the appeal is later than the date on which the IMO would cease to have effect apart from this subsection, the IMO continues in force until that later date. 5 (1) Section 110 (financial arrangements while order is in force) is amended as follows. (2) In subsection (4), at the beginning insert “ If the interim management order is not made under section 102(7A), ”. (3) After subsection (5) insert— (5A) The Secretary of State may by regulations make provision about how local authorities are to deal with any surplus in a case where the interim management order was made under section 102(7A). (5B) In subsection (5A) “surplus” means any amount of rent or other payments collected or recovered as mentioned in subsection (3) that remains after deductions to meet relevant expenditure and any amounts of compensation payable as mentioned in that subsection. 6 In section 112 (revocation of interim management orders), after subsection (2) insert— (2A) An interim management order may not be revoked under this section if— (a) the immediate landlord is subject to a banning order under section 16 of the Housing and Planning Act 2016, (b) there is in force an agreement which, under section 108, has effect as a lease or licence granted by the authority, and (c) revoking the interim management order would cause the immediate landlord to breach the banning order because of the effect of section 130(2)(b). 7 (1) Section 113 (making of final management orders) is amended as follows. (2) In subsection (1), for “section 102” substitute “ any provision of section 102 other than subsection (7A) of that section ”. (3) After subsection (3) insert— (3A) A local housing authority who have made an interim management order under section 102(7A) may make a final management order so as to replace the interim management order as from its expiry date if the authority consider that making the final management order is necessary for the purpose of protecting, on a long-term basis, the health, safety or welfare of persons occupying the house, or persons occupying or having an estate or interest in any premises in the vicinity. (4) In subsection (4), after “under” insert “ subsection (2), (3), (5) or (6) of ”. (5) After subsection (6) insert— (6A) A local housing authority who have made a final management order in respect of a house under subsection (3A) or this subsection (“the existing order”) may make a new final management order so as to replace the existing order as from its expiry date if the authority consider that making the new order is necessary for the purpose of protecting, on a long-term basis, the health, safety or welfare of persons occupying the house, or persons occupying or having an estate or interest in any premises in the vicinity. 8 (1) Section 114 (operation of final management orders) is amended as follows. (2) After subsection (4) insert— (4A) An order under section 113(3A) or (6A) ceases to have effect (if it has not already ceased to have effect) when the relevant ban on letting housing in England ceases to have effect. (4B) In subsection (4A) “the relevant ban on letting housing in England” means the ban on letting contained in the banning order mentioned in section 102(7A). (3) In subsection (5), for “and” substitute “ to ”. (4) After subsection (6) insert— (6A) If— (a) the existing order was made under section 113(3A) or (6A), and (b) the date on which the new order comes into force in relation to the house (or part of it) following the disposal of the appeal is later than the date on which the existing order would cease to have effect apart from this subsection, the existing order continues in force until that later date. 9 In section 119 (management schemes and accounts), after subsection (4) insert— (4A) Subsection (4)(f) and (g) does not apply in a case where the final management order was made under section 113(3A) or (6A). (4B) The Secretary of State may by regulations make provision about how local authorities are to deal with any surplus in a case where the final management order was made under section 113(3A) or (6A). (4C) In subsection (4B) “surplus” means any amount of rent or other payments that the authority have collected or recovered, by virtue of this Chapter, that remains after deductions to meet relevant expenditure and any amounts of compensation payable as mentioned in subsection (2)(d). 10 In section 122 (revocation of final management orders), after subsection (2) insert— (2A) A final management order may not be revoked under this section at a time when— (a) the immediate landlord is subject to a banning order under section 16 of the Housing and Planning Act 2016, (b) there is in force an agreement which, under section 117, has effect as a lease or licence granted by the authority, and (c) revoking the final management order would cause the immediate landlord to breach the banning order because of the effect of section 130(2)(b). 11 In section 129 (termination of management orders: financial arrangements), in subsection (2), after “order” insert “ that is not made under section 102(7A) ”. 12 (1) Schedule 6 (management orders: procedure and appeals) is amended as follows. (2) 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) ”. (3) In paragraph 26, after sub-paragraph (4) insert— (4A) An interim management order may not be revoked under this paragraph if— (a) the immediate landlord is subject to a banning order under section 16 of the Housing and Planning Act 2016, (b) there is in force an agreement which, under section 108, has effect as a lease or licence granted by the authority, and (c) revoking the interim management order specified in the order would cause the immediate landlord to breach the banning order because of the effect of section 130(2)(b). (4B) In a case where sub-paragraph (4A) would otherwise prevent the tribunal from revoking the order with effect from a particular date, the tribunal may require the local housing authority to exercise any power it has to bring an agreement mentioned in that sub-paragraph to an end. (4) In paragraph 30, after sub-paragraph (4) insert— (5) In a case where subsection (2A) of section 112 or 122 would otherwise prevent the tribunal from revoking the order with effect from a particular date, the tribunal may require the local housing authority to exercise any power it has to bring an agreement mentioned in that subsection to an end.

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SCHEDULE 4 Reducing social housing regulation

Section 92 PART 1 Removal of disposal consent requirements Housing Act 1985 (c. 68) 1 (1) 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. (2) After subsection (2) insert— (2ZA) Subsection (2) does not apply to a disposal of land by a private registered provider of social housing. (3) In subsection (2A)— (a) omit paragraph (a); (b) in paragraph (b), for “any other” substitute “ a ”. Housing Act 1988 (c. 50) 2 The Housing Act 1988 is amended as follows. 3 (1) Section 81 (consent to certain disposals of housing obtained from housing action trusts) is amended as follows. (2) In subsection (1), for “section 79(2)(za) or (a)” substitute “ section 79(2)(a) ”. (3) In subsection (3A)— (a) omit paragraph (a); (b) in paragraph (b), for “any other” substitute “ a ”. (4) In subsection (7), omit “section 148 or 172 of the Housing and Regeneration Act 2008,”. 4 (1) Section 133 (consent to certain disposals of housing obtained from local authorities) is amended as follows. (2) In subsection (1ZA)— (a) omit paragraph (a); (b) in paragraph (b), for “any other” substitute “ a ”. (3) For subsection (1B) substitute— (1B) This section does not apply if the original disposal was made to a private registered provider of social housing. (4) In subsection (7), omit “section 148 or 172 of the Housing and Regeneration Act 2008,”. Local Government and Housing Act 1989 (c. 42) 5 (1) 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. (2) After subsection (1) insert— (1ZA) Subsection (1) does not apply to a disposal of land by a private registered provider of social housing. (3) In subsection (1A)— (a) omit paragraph (a); (b) in paragraph (b), for “any other” substitute “ a ”. (4) In subsection (7), omit “section 148 or 172 of the Housing and Regeneration Act 2008,”. Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) 6 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 ”. Housing and Regeneration Act 2008 7 The Housing and Regeneration Act 2008 is amended as follows. 8 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— (a) for paragraph (b) (Regulator's consent) substitute— (b) Notification of regulator ; (b) omit paragraphs (c), (d) and (g). 9 After section 74 insert— Leaving the social housing stock: transfer by private providers 74A (1) A dwelling ceases to be social housing if a private registered provider of social housing owns the freehold or a leasehold interest and transfers it to a person who is not a registered provider of social housing. (2) Subsection (1) does not apply if and for so long as the private registered provider has a right to have the interest transferred back to it. (3) Subsection (1) does not apply where low cost home ownership accommodation is transferred to— (a) the “buyer” under equity percentage arrangements (see section 70(5)), or (b) the trustees under a shared ownership trust (see section 70(6)). (4) See section 73 for circumstances when low cost home ownership accommodation ceases to be social housing. 10 (1) Section 75 (leaving the social housing stock) is amended as follows. (2) Omit subsection (1). (3) In subsections (2) and (3), for “Subsections 1 and (1A) do” substitute “ Subsection (1A) does ”. (4) In the heading, after “stock:” insert “ local authority ”. 11 In section 119 (de-registration: voluntary), in subsection (5), omit paragraph (a) and the “and” at the end of that paragraph. 12 In section 149 (moratorium: exempted disposals)— (a) omit subsection (6); (b) in subsection (7), for “6” substitute “ 5 ”; (c) in subsection (8), for “7” substitute “ 6 ”. 13 In section 171 (power to dispose), in subsection (3), omit “(which include provisions requiring the regulator's consent for certain disposals)”. 14 For the italic heading above section 172 substitute— “ Notification of regulator ”. 15 Omit sections 172 to 175 (disposal consents). 16 For section 176 substitute— Notification of disposal 176 (1) If a private registered provider disposes of a dwelling that is social housing it must notify the regulator. (2) If a non-profit registered provider disposes of land other than a dwelling it must notify the regulator. (3) Subsection (1) continues to apply to any land of a private registered provider even if it has ceased to be a dwelling. (4) The regulator may give directions about— (a) the period within which notifications under subsection (1) or (2) must be given; (b) the content of those notifications. (5) The regulator may give directions dispensing with the notification requirement in subsection (1) or (2). (6) A direction under this section may be— (a) general, or (b) specific (whether as to particular registered providers, as to particular property, as to particular forms of disposal or in any other way). (7) A direction dispensing with a notification requirement— (a) may be expressed by reference to a policy for disposals submitted by a registered provider; (b) may include conditions. (8) The regulator must make arrangements for bringing a direction under this section to the attention of every registered provider to which it applies. 17 Omit section 179 and the italic heading before it (application of provisions of the Housing Act 1996 that have a connection with disposal consents.) 18 In section 186 (former registered providers), for “to 175” substitute “ and 176 (apart from section 176(2)) ”. 19 Omit section 187 (change of use, etc). 20 Omit section 190 (consent to disposals under other legislation). 21 In section 278A (power to nominate for consultation purposes), for paragraph (b) substitute— (b) section 176; . PART 2 Restructuring and dissolution: removal of consent requirements etc 22 The Housing and Regeneration Act 2008 is amended as follows. 23 In section 115 (profit-making and non-profit organisations), in subsection (9), after “non-profit organisation” insert “ or vice versa ”. 24 For section 160 substitute— Company: arrangements and reconstructions 160 (1) This section applies to a non-profit registered provider which is a registered company. (2) The registered provider must notify the regulator of any voluntary arrangement under Part 1 of the Insolvency Act 1986. (3) The registered provider must notify the regulator of any order under section 899 of the Companies Act 2006 (court sanction for compromise or arrangement). (4) An order under section 899 of Companies Act 2006 does not take effect until the registered provider has confirmed to the registrar of companies that the regulator has been notified. (5) The registered provider must notify the regulator of any order under section 900 of the Companies Act 2006 (powers of court to facilitate reconstruction or amalgamation). (6) The requirement in section 900(6) of the Companies Act 2006 (sending copy of order to registrar) is satisfied only if the copy is accompanied by confirmation that the regulator has been notified. 25 For section 161 substitute— Company: conversion into registered society 161 (1) This section applies to a non-profit registered provider which is a registered company. (2) The registered provider must notify the regulator of any resolution under section 115 of the Co-operative and Community Benefit Societies Act 2014 for converting the registered provider into a registered society. (3) The registrar of companies may register a resolution under that section only if the registered provider has confirmed to the registrar that the regulator has been notified. (4) The regulator must decide whether the new body is eligible for registration under section 112. (5) If the new body is eligible for registration, the regulator must register it and designate it as a non-profit organisation. (6) If the new body is not eligible for registration, the regulator must notify it of that fact. (7) Pending registration, or notification that it is not eligible for registration, the new body is to be treated as if it were registered and designated as a non-profit organisation. 26 For section 163 substitute— Registered society: restructuring 163 (1) This section applies to a non-profit registered provider which is a registered society. (2) The registered provider must notify the regulator of any resolution passed by the society for the purposes of the restructuring provisions listed in subsection (4). (3) The Financial Conduct Authority may register the resolution only if the registered provider has confirmed to the Financial Conduct Authority that the regulator has been notified. (4) The following provisions of the Co-operative and Community Benefit Societies Act 2014 are the restructuring provisions— (a) section 109 (amalgamation of societies); (b) section 110 (transfer of engagements between societies); (c) section 112 (conversion of society into a company etc). (5) The regulator must decide whether the body created or to whom engagements are transferred (“the new body”) is eligible for registration under section 112. (6) If the new body is eligible for registration, the regulator must register it and designate it as a non-profit organisation. (7) If the new body is not eligible for registration, the regulator must notify it of that fact. (8) Pending registration, or notification that it is not eligible for registration, the new body is to be treated as if it were registered and designated as a non-profit organisation. 27 In section 165 (registered society: dissolution), for subsection (2) substitute— (2) The registered provider must notify the regulator. (3) The Financial Conduct Authority may register the instrument under section 121 of that Act, or cause notice of the dissolution to be advertised under section 122 of that Act, only if the registered provider has confirmed to the Financial Conduct Authority that the regulator has been notified. 28 Omit section 166 (winding up petition by regulator). 29 After section 169 insert— Notification of constitutional changes Registered societies: change of rules 169A A non-profit registered provider that is a registered society must notify the regulator of any change to the society's rules. Charity: change of objects 169B The trustees of a registered charity that is a non-profit registered provider must notify the regulator of any amendment to the charity's objects. Companies: change of articles etc 169C A non-profit registered provider that is a registered company must notify the regulator of— (a) any amendment of the company's articles of association, (b) any change to its name or registered office.” Directions about notifications Directions about notifications 169D (1) The regulator may give directions about— (a) the period within which notifications under sections 160 to 165 or 169A to 169C must be given by private registered providers; (b) the content of those notifications. (2) The regulator may give directions dispensing with notification requirements imposed by sections 160 to 165 or 169A to 169C. (3) A direction under this section may be— (a) general, or (b) specific (whether as to particular registered providers, particular kinds of notification requirement or in any other way). (4) A direction dispensing with a notification requirement may include conditions. (5) The regulator must make arrangements for bringing a direction under this section to the attention of every registered provider to which it applies. 30 In section 192 (overview), omit paragraph (c). 31 Omit sections 211 to 214 and the italic heading before section 211 (constitutional changes to non-profit providers). PART 3 Abolition of disposal proceeds fund 32 The Housing and Regeneration Act 2008 is amended as follows. 33 Omit— (a) sections 177 and 178; (b) the italic heading before section 177. 34 (1) Section 181 (meaning of “publicly funded” for purposes of provisions about right to acquire) is amended as follows. (2) After subsection (2) insert— (2A) Condition 2 is that— (a) the dwelling was provided wholly or partly by a person using an amount for purposes for which the amount was required to be used by an HCA direction under section 32(4), and (b) before giving the direction the HCA notified the person that any dwelling so provided would be regarded as publicly funded. (3) In subsection (3), for “2” substitute “ 3 ”. (4) After subsection (3) insert— (3A) In relation to a private registered provider, the reference in subsection (3) to its disposal proceeds fund is to its disposal proceeds fund before the abolition of that fund by Part 3 of Schedule 4 to the Housing and Planning Act 2016. (5) In subsections (4) and (5), for “3” substitute “ 4 ”. (6) In subsection (6), for “4” substitute “ 5 ”. 35 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). PART 4 Enforcement Powers 36 The Housing and Regeneration Act 2008 is amended as follows. 37 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) ”. 38 In section 275 (interpretation), for the definition of “mismanagement” substitute— “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); .

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SCHEDULE 5 Conduct of housing administration: companies

Section 102 PART 1 Modifications of Schedule B1 to the Insolvency Act 1986 Introductory 1 (1) 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. (2) The applicable provisions of Schedule B1 to the Insolvency Act 1986 are— (a) paragraphs 1, 40 to 49, 54, 59 to 68, 70 to 79, 83 to 91, 98 to 107, 109 to 111 and 112 to 116, and (b) paragraph 50 (until the repeal of that paragraph by Schedule 10 to the Small Business, Enterprise and Employment Act 2015 comes into force). General modifications of the applicable provisions 2 Those paragraphs are to have effect as if— (a) for “administration application”, in each place, there were substituted “ housing administration application ”, (b) for “administration order”, in each place, there were substituted “ housing administration order ”, (c) for “administrator”, in each place, there were substituted “ housing administrator ”, (d) for “enters administration”, in each place, there were substituted “ enters housing administration ”, (e) for “in administration”, in each place, there were substituted “ in housing administration ”, and (f) for “purpose of administration”, in each place (other than in paragraph 111(1)), there were substituted “ objectives of the housing administration ”. Specific modifications 3 Paragraph 1 (administration) is to have effect as if— (a) for sub-paragraph (1) there were substituted— (1) In this Schedule “housing administrator”, in relation to a company, means a person appointed by the court for the purposes of a housing administration order to manage its affairs, business and property. , and (b) in sub-paragraph (2), for “Act” there were substituted “ Schedule ”. 4 Paragraph 40 (dismissal of pending winding-up petition) is to have effect as if sub-paragraphs (1)(b), (2) and (3) were omitted. 5 Paragraph 42 (moratorium on insolvency proceedings) is to have effect as if sub-paragraphs (4) and (5) were omitted. 6 Paragraph 44 (interim moratorium) is to have effect as if sub-paragraphs (2) to (4), (6) and (7)(a) to (c) were omitted. 7 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 ”. 8 Paragraph 49 (administrator's proposals) is to have effect as if— (a) 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 (b) in sub-paragraph (4), after paragraph (a) there were inserted— (aa) to the Secretary of State and the Regulator of Social Housing, . 9 Paragraph 54 is to have effect as if the following were substituted for it— 54 (1) The housing administrator of a company may on one or more occasions revise the proposals included in the statement made under paragraph 49 in relation to the company. (2) If the housing administrator thinks that a revision is substantial, the housing administrator must send a copy of the revised proposals— (a) to the registrar of companies, (b) to the Secretary of State and the Regulator of Social Housing, (c) to every creditor of the company, other than an opted-out creditor, of whose claim and address the housing administrator is aware, and (d) to every member of the company of whose address the housing administrator is aware. (3) A copy sent in accordance with sub-paragraph (2) must be sent within the prescribed period. (4) The housing administrator is to be taken to have complied with sub-paragraph (2)(d) if the housing administrator publishes, in the prescribed manner, a notice undertaking to provide a copy of the revised proposals free of charge to any member of the company who applies in writing to a specified address. (5) A housing administrator who fails without reasonable excuse to comply with this paragraph commits an offence. 10 Paragraph 60 (powers of an administrator) has effect as if after that sub-paragraph (2) there were inserted— (3) The housing administrator of a company has the power to act on behalf of the company for the purposes of provision contained in any legislation which confers a power on the company or imposes a duty on it. (4) In sub-paragraph (2) “legislation” has the same meaning as in the Chapter 5 of Part 4 of the Housing and Planning Act 2016. 11 Paragraph 68 (management duties of an administrator) is to have effect as if— (a) in sub-paragraph (1), for paragraphs (a) to (c) there were substituted the proposals as— (a) set out in the statement made under paragraph 49 in relation to the company, and (b) from time to time revised under paragraph 54, for achieving the objectives of the housing administration. , and (b) 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 ”. 12 Paragraph 73(3) (protection for secured or preferential creditor) is to have effect as if for “or modified” there were substituted “ under paragraph 54 ”. 13 Paragraph 74 (challenge to administrator's conduct) is to have effect as if— (a) for sub-paragraph (2) there were substituted— (2) If a company is in housing administration, a person mentioned in sub-paragraph (2A) may apply to the court claiming that the housing administrator is acting in a manner preventing the achievement of the objectives of the housing administration as quickly and efficiently as is reasonably practicable. (2A) The persons who may apply to the court are— (a) the Secretary of State; (b) with the consent of the Secretary of State, the Regulator of Social Housing; (c) a creditor or member of the company. , (b) in sub-paragraph (6)— (i) at the end of paragraph (b) there were inserted “or”, and (ii) paragraph (c) (and the “or” before it) were omitted, and (c) after that sub-paragraph there were inserted— (7) In the case of a claim made otherwise than by the Secretary of State or the Regulator of Social Housing, the court may grant a remedy or relief or make an order under this paragraph only if it has given the Secretary of State or the Regulator a reasonable opportunity of making representations about the claim and the proposed remedy, relief or order. (8) The court may grant a remedy or relief or make an order on an application under this paragraph only if it is satisfied, in relation to the matters that are the subject of the application, that the housing administrator— (a) is acting, (b) has acted, or (c) is proposing to act, in a way that is inconsistent with the achievement of the objectives of the housing administration as quickly and as efficiently as is reasonably practicable. (9) Before the making of an order of the kind mentioned in sub-paragraph (4)(d)— (a) the court must notify the housing administrator of the proposed order and of a period during which the housing administrator is to have the opportunity of taking steps falling within sub-paragraphs (10) to (12), and (b) the period notified must have expired without the taking of such of those steps as the court thinks should have been taken, and that period must be a reasonable period. (10) In the case of a claim under sub-paragraph (1)(a), the steps referred to in sub-paragraph (9) are— (a) ceasing to act in a manner that unfairly harms the interests to which the claim relates, (b) remedying any harm unfairly caused to those interests, and (c) steps for ensuring that there is no repetition of conduct unfairly causing harm to those interests. (11) In the case of a claim under sub-paragraph (1)(b), the steps referred to in sub-paragraph (9) are steps for ensuring that the interests to which the claim relates are not unfairly harmed. (12) In the case of a claim under sub-paragraph (2), the steps referred to in sub-paragraph (9) are— (a) ceasing to act in a manner preventing the achievement of the objectives of the housing administration as quickly and as efficiently as is reasonably practicable, (b) remedying the consequences of the housing administrator having acted in such a manner, and (c) steps for ensuring that there is no repetition of conduct preventing the achievement of the objectives of the housing administration as quickly and as efficiently as is reasonably practicable. 14 Paragraph 75(2) (misfeasance) is to have effect as if after paragraph (b) there were inserted— (ba) a person appointed as an administrator of the company under the provisions of this Act, as they have effect in relation to administrators other than housing administrators, . 15 Paragraph 78 (consent to extension of administrator's term of office) is to have effect as if sub-paragraph (2) were omitted. 16 Paragraph 79 (end of administration) is to have effect as if— (a) for sub-paragraphs (1) and (2) there were substituted— (1) On an application made by a person mentioned in sub-paragraph (2), the court may provide for the appointment of a housing administrator of a company to cease to have effect from a specified time. (2) An application may be made to the court under this paragraph— (a) by the Secretary of State, (b) with the consent of the Secretary of State, by the Regulator of Social Housing, or (c) with the consent of the Secretary of State, by the housing administrator. , and (b) sub-paragraph (3) were omitted. 17 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, ”. 18 Paragraph 84 (notice to registrar when moving to dissolution) is to have effect as if— (a) in sub-paragraph (1), for “to the registrar of companies” there were substituted— (a) to the Secretary of State and the Regulator of Social Housing, and (b) if directed to do so by either the Secretary of State or the Regulator of Social Housing, to the registrar of companies. , (b) sub-paragraph (2) were omitted, and (c) in sub-paragraphs (3) to (6), for “(1)”, in each place, there were substituted “ (1)(b) ”. 19 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 ”. 20 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 ”. 21 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 ”. 22 Paragraph 91 (vacancies in court appointments) is to have effect as if— (a) for sub-paragraph (1) there were substituted— (1) The court may replace the housing administrator on an application made— (a) by the Secretary of State, (b) with the consent of the Secretary of State, by the Regulator of Social Housing, or (c) where more than one person was appointed to act jointly as the housing administrator, by any of those persons who remains in office. (b) sub-paragraph (2) were omitted. 23 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. 24 Paragraph 99 (charges and liabilities upon vacation of office by administrator) is to have effect as if— (a) 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) ”, (b) after that sub-paragraph there were inserted— (4A) A sum falls within this sub-paragraph if it is— (a) a sum payable in respect of a debt or other liability arising out of a contract that was entered into before cessation by the former housing administrator or a predecessor, (b) a sum that must be repaid by the company in respect of a grant that was made under section 109 of the Housing and Planning Act 2016 before cessation, (c) a sum that must be repaid by the company in respect of a loan made under that section before cessation or that must be paid by the company in respect of interest payable on such a loan, (d) a sum payable by the company under section 111 of that Act in respect of an agreement to indemnify made before cessation, or (e) a sum payable by the company under section 113 of that Act in respect of a guarantee given before cessation.”, and (c) in sub-paragraph (5), for “(4)” there were substituted “ (4A)(a) ”. 25 Paragraph 100 (joint and concurrent administrators) is to have effect as if sub-paragraph (2) were omitted. 26 Paragraph 101(3) (joint administrators) is to have effect as if after “87 to” there were inserted “ 91, 98 and ”. 27 Paragraph 103 (appointment of additional administrators) is to have effect as if— (a) in sub-paragraph (2) the words from the beginning to “order” were omitted and for paragraph (a) there were substituted— (a) the Secretary of State, (aa) the Regulator of Social Housing, or , (b) after that sub-paragraph there were inserted— (2A) The consent of the Secretary of State is required for an application by the Regulator of Social Housing for the purposes of sub-paragraph (2). , and (c) sub-paragraphs (3) to (5) were omitted. 28 Paragraph 106(2) (penalties) is to have effect as if paragraphs (a), (b), (f), (g), (i) and (l) to (n) were omitted. 29 Paragraph 109 (references to extended periods) is to have effect as if “or 108” were omitted. 30 Paragraph 111 (interpretation) is to have effect as if— (a) 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, (b) in that sub-paragraph, at the appropriate places there were inserted— “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; , and “prescribed” means prescribed by housing administration rules within the meaning of Chapter 5 of Part 4 of the Housing and Planning Act 2016. , (c) sub-paragraphs (1A) and (1B) were omitted, and (d) after sub-paragraph (3) there were inserted— (4) For the purposes of this Schedule a reference to a housing administration order includes a reference to an appointment under paragraph 91 or 103. PART 2 Further modifications of Schedule B1 to Insolvency Act 1986: foreign companies PART 3 Other modifications General modifications 39 (1) References within sub-paragraph (2) which are contained— (a) in the Insolvency Act 1986 (other than Schedule B1 to that Act), or (b) in other legislation passed or made before this Act, include references to whatever corresponds to them for the purposes of this paragraph. (2) The references are those (however expressed) which are or include references to— (a) an administrator appointed by an administration order, (b) an administration order, (c) an application for an administration order, (d) a company in administration, (e) entering into administration, and (f) Schedule B1 to the Insolvency Act 1986 or a provision of that Schedule. (3) For the purposes of this paragraph— (a) a housing administrator of a company corresponds to an administrator appointed by an administration order, (b) a housing administration order in relation to a company corresponds to an administration order, (c) an application for a housing administration order in relation to a company corresponds to an application for an administration order, (d) a company in housing administration corresponds to a company in administration, (e) entering into housing administration in relation to a company corresponds to entering into administration, and (f) what corresponds to Schedule B1 to the Insolvency Act 1986 or a provision of that Schedule is that Schedule or that provision as applied by Part 1 of this Schedule. 40 (1) 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). (2) 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. (3) Paragraph 39 does not apply to section 359 of the Financial Services and Markets Act 2000 (administration order). Modifications of the Insolvency Act 1986 41 The following provisions of the Insolvency Act 1986 are to have effect in the case of any housing administration with the following modifications. 42 Section 5 (effect of approval of voluntary arrangements) is to have effect as if after subsection (4) there were inserted— (4A) Where the company is in housing administration, the court must not make an order or give a direction under subsection (3) unless— (a) the court has given the Secretary of State or the Regulator of Social Housing a reasonable opportunity of making representations to it about the proposed order or direction, and (b) the order or direction is consistent with the objectives of the housing administration. (4B) In subsection (4A) “in housing administration” and “objectives of the housing administration” are to be read in accordance with Schedule B1 to this Act, as applied by Part 1 of Schedule 5 to the Housing and Planning Act 2016. 43 Section 6 (challenge of decisions in relation to voluntary arrangements) is to have effect as if— (a) in subsection (2), for “this section” there were substituted “ subsection (1) ”, (b) after that subsection there were inserted— (2AA) Subject to this section, where a voluntary arrangement in relation to a company in housing administration is approved at the meetings summoned under section 3, an application to the court may be made— (a) by the Secretary of State, or (b) with the consent of the Secretary of State, by the Regulator of Social Housing, on the ground that the voluntary arrangement is not consistent with the achievement of the objectives of the housing administration. , (c) 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 (d) after subsection (7) there were inserted— (7A) In this section “in housing administration” and “objectives of the housing administration” are to be read in accordance with Schedule B1 to this Act, as applied by Part 1 of Schedule 5 to the Housing and Planning Act 2016. 44 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. Power to make further modifications 45 (1) The Secretary of State may by regulations amend this Part of this Schedule so as to add further modifications. (2) The further modifications that may be made are confined to such modifications of— (a) the Insolvency Act 1986, or (b) other legislation passed or made before this Act that relate to insolvency or make provision by reference to anything that is or may be done under the Insolvency Act 1986, as the Secretary of State considers appropriate in relation to any provision made by or under this Chapter. Interpretation of Part 3 of Schedule 46 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).

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SCHEDULE 6 Amendments to housing moratorium and consequential amendments

Section 115 1 The Housing and Regeneration Act 2008 is amended as follows. 2 Omit section 144 (insolvency: preparatory steps notice). 3 For section 145 substitute— Moratorium 145 A moratorium on the disposal of land by a private registered provider begins if a notice is given to the regulator under any of the following provisions of the Housing and Planning Act 2016— (a) section 104(2)(a) (notice of winding up petition); (b) section 105(4)(a) (notice of application for permission to pass a resolution for voluntary winding up); (c) section 106(3)(a) (notice of ordinary administration application); (d) section 107(4)(a) (notice of appointment of ordinary administrator); (e) section 108(2)(a) (notice of intention to enforce security). 4 (1) Section 146 (duration of moratorium) is amended as follows. (2) For subsections (1) and (2) substitute— (1) The moratorium begins when the notice mentioned in section 145 is given. (2) The moratorium ends when one of the following occurs— (a) the expiry of the relevant period, (b) the making of a housing administration order under Chapter 5 of Part 4 of the Housing and Planning Act 2016 in relation to the registered provider, or (c) the cancellation of the moratorium (see subsection (5)). (2A) The “relevant period” is— (a) the period of 28 days beginning with the day on which the notice mentioned in section 145 is given, plus (b) any period by which that period is extended under subsection (3). (3) Omit subsection (6). (4) For subsection (9) substitute— (9) If a notice mentioned in section 145 is given during a moratorium, that does not— (a) start a new moratorium, or (b) alter the existing moratorium's duration. 5 (1) Section 147 (further moratorium) is amended as follows. (2) In subsection (1)(b), for “step specified in section 145 is taken” substitute “ notice mentioned in section 145 is given ”. (3) In subsection (2), for “step” substitute “ notice ”. 6 In section 154 (proposals: effect), in subsection (2), after paragraph (a) insert— (aa) in the case of a charitable incorporated organisation, its charity trustees (as defined by section 177 of the Charities Act 2011), . 7 Omit section 162 (consent to company winding up). 8 Omit section 164 (consent to registered society winding up). 9 In section 275 (general interpretation), omit the definition of “working day”. 10 In section 276 (index of defined terms), omit the entry relating to “working day”.

Propose a change

SCHEDULE 9 Financial penalty as alternative to prosecution under Housing Act 2004

Section 126 1 The Housing Act 2004 is amended as follows. 2 In section 30 (offence of failing to comply with improvement notice), after subsection (6) insert— (7) See also section 249A (financial penalties as alternative to prosecution for certain housing offences in England). (8) If a local housing authority has imposed a financial penalty on a person under section 249A in respect of conduct amounting to an offence under this section the person may not be convicted of an offence under this section in respect of the conduct. 3 In section 72 (offences in relation to licensing of HMOs), after subsection (7) insert— (7A) See also section 249A (financial penalties as alternative to prosecution for certain housing offences in England). (7B) If a local housing authority has imposed a financial penalty on a person under section 249A in respect of conduct amounting to an offence under this section the person may not be convicted of an offence under this section in respect of the conduct. 4 In section 95 (offences in relation to licensing of houses under Part 3), after subsection (6) insert— (6A) See also section 249A (financial penalties as alternative to prosecution for certain housing offences in England). (6B) If a local housing authority has imposed a financial penalty on a person under section 249A in respect of conduct amounting to an offence under this section the person may not be convicted of an offence under this section in respect of the conduct. 5 In section 139 (overcrowding notices), after subsection (9) insert— (10) See also section 249A (financial penalties as alternative to prosecution for certain housing offences in England). (11) If a local housing authority has imposed a financial penalty on a person under section 249A in respect of conduct amounting to an offence under this section the person may not be convicted of an offence under this section in respect of the conduct. 6 In section 234 (management regulations in respect of HMOs), after subsection (5) insert— (6) See also section 249A (financial penalties as alternative to prosecution for certain housing offences in England). (7) If a local housing authority has imposed a financial penalty on a person under section 249A in respect of conduct amounting to an offence under this section the person may not be convicted of an offence under this section in respect of the conduct. 7 After section 249 insert— Financial penalties as alternative to prosecution Financial penalties for certain housing offences in England 249A (1) The local housing authority may impose a financial penalty on a person if satisfied, beyond reasonable doubt, that the person's conduct amounts to a relevant housing offence in respect of premises in England. (2) In this section “relevant housing offence” means an offence under— (a) section 30 (failure to comply with improvement notice), (b) section 72 (licensing of HMOs), (c) section 95 (licensing of houses under Part 3), (d) section 139(7) (failure to comply with overcrowding notice), or (e) section 234 (management regulations in respect of HMOs). (3) Only one financial penalty under this section may be imposed on a person in respect of the same conduct. (4) The amount of a financial penalty imposed under this section is to be determined by the local housing authority, but must not be more than £30,000. (5) The local housing authority may not impose a financial penalty in respect of any conduct amounting to a relevant housing offence if— (a) the person has been convicted of the offence in respect of that conduct, or (b) criminal proceedings for the offence have been instituted against the person in respect of the conduct and the proceedings have not been concluded. (6) Schedule 13A deals with— (a) the procedure for imposing financial penalties, (b) appeals against financial penalties, (c) enforcement of financial penalties, and (d) guidance in respect of financial penalties. (7) The Secretary of State may by regulations make provision about how local housing authorities are to deal with financial penalties recovered. (8) The Secretary of State may by regulations amend the amount specified in subsection (4) to reflect changes in the value of money. (9) For the purposes of this section a person's conduct includes a failure to act. 8 After Schedule 13 insert— SCHEDULE 13A Financial penalties under section 249A Section 249A Notice of intent 1 Before imposing a financial penalty on a person under section 249A the local housing authority must give the person notice of the authority's proposal to do so (a “notice of intent”). 2 (1) 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. (2) 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— (a) at any time when the conduct is continuing, or (b) within the period of 6 months beginning with the last day on which the conduct occurs. (3) For the purposes of this paragraph a person's conduct includes a failure to act. 3 The notice of intent must set out— (a) the amount of the proposed financial penalty, (b) the reasons for proposing to impose the financial penalty, and (c) information about the right to make representations under paragraph 4. Right to make representations 4 (1) 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. (2) 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”). Final notice 5 After the end of the period for representations the local housing authority must— (a) decide whether to impose a financial penalty on the person, and (b) if it decides to impose a financial penalty, decide the amount of the penalty. 6 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. 7 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. 8 The final notice must set out— (a) the amount of the financial penalty, (b) the reasons for imposing the penalty, (c) information about how to pay the penalty, (d) the period for payment of the penalty, (e) information about rights of appeal, and (f) the consequences of failure to comply with the notice. Withdrawal or amendment of notice 9 (1) A local housing authority may at any time— (a) withdraw a notice of intent or final notice, or (b) reduce the amount specified in a notice of intent or final notice. (2) The power in sub-paragraph (1) is to be exercised by giving notice in writing to the person to whom the notice was given. Appeals 10 (1) A person to whom a final notice is given may appeal to the First-tier Tribunal against— (a) the decision to impose the penalty, or (b) the amount of the penalty. (2) If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined or withdrawn. (3) An appeal under this paragraph— (a) is to be a re-hearing of the local housing authority's decision, but (b) may be determined having regard to matters of which the authority was unaware. (4) On an appeal under this paragraph the First-tier Tribunal may confirm, vary or cancel the final notice. (5) The final notice may not be varied under sub-paragraph (4) so as to make it impose a financial penalty of more than the local housing authority could have imposed. Recovery of financial penalty 11 (1) 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. (2) 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. (3) In proceedings before the county court for the recovery of a financial penalty or part of a financial penalty, a certificate which is— (a) signed by the chief finance officer of the local housing authority which imposed the penalty, and (b) states that the amount due has not been received by a date specified in the certificate, is conclusive evidence of that fact. (4) A certificate to that effect and purporting to be so signed is to be treated as being so signed unless the contrary is proved. (5) In this paragraph “chief finance officer” has the same meaning as in section 5 of the Local Government and Housing Act 1989. Guidance 12 A local housing authority must have regard to any guidance given by the Secretary of State about the exercise of its functions under this Schedule or section 249A.

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SCHEDULE 10 Enfranchisement and extension of long leaseholds: calculations

Section 136 Leasehold Reform Act 1967 1 (1) In Schedule 1 to the Leasehold Reform Act 1967 (enfranchisement and extension by sub-tenants), paragraph 7A is amended as follows. (2) For sub-paragraph (1) substitute— (1) The price payable for a minor superior tenancy is to be calculated in accordance with regulations made by the appropriate national authority instead of in accordance with section 9. (3) Omit sub-paragraphs (5) and (6). (4) At the end insert— (7) In sub-paragraph (1) “appropriate national authority” means— (a) in relation to a tenancy of land in England, the Secretary of State; (b) in relation to a tenancy of land in Wales, the Welsh Ministers. (8) Regulations under sub-paragraph (1) may include transitional provision. (9) Regulations under sub-paragraph (1) are to be made by statutory instrument. (10) A statutory instrument containing regulations under sub-paragraph (1) is subject to annulment— (a) in the case of an instrument made by the Secretary of State, in pursuance of a resolution of either House of Parliament; (b) in the case of an instrument made by the Welsh Ministers, in pursuance of a resolution of the National Assembly for Wales. (5) The amendments made by this paragraph apply to cases where the relevant time is— (a) before this Act is passed, but (b) on or after 11 July 2015, as well as to cases where the relevant time is after this Act is passed. (6) The “relevant time” has the meaning given by section 37(1)(d) of the Leasehold Reform Act 1967. Leasehold Reform, Housing and Urban Development Act 1993 2 The Leasehold Reform, Housing and Urban Development Act 1993 is amended as follows. 3 (1) Section 100 (orders and regulations) is amended as follows. (2) In subsection (1), after “Secretary of State” insert “ or the Welsh Ministers ”. (3) After subsection (2) insert— (3) Any power of the Welsh Ministers to make regulations under this Part shall be exercisable by statutory instrument which (except in the case of regulations making only such provision as is mentioned in section 99(6)) shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales. 4 (1) In Schedule 6, paragraph 7 is amended as follows. (2) For sub-paragraph (2) substitute— (2) The value of an intermediate leasehold interest which is the interest of the tenant under a minor intermediate lease is to be calculated in accordance with regulations made by the appropriate national authority instead of in accordance with sub-paragraph (1). (3) In sub-paragraph (4)— (a) for “formula set out in sub-paragraph (7)” substitute “ calculation method mentioned in sub-paragraph (2) ”; (b) for “by so applying the formula” substitute “ in accordance with that method ”. (4) Omit sub-paragraphs (7) and (8). (5) After sub-paragraph (10) insert— (11) In sub-paragraph (2) “appropriate national authority” means— (a) in relation to a leasehold interest of land in England, the Secretary of State; (b) in relation to a leasehold interest of land in Wales, the Welsh Ministers. (6) The amendments made by this paragraph apply to cases where the relevant date is— (a) before this Act is passed, but (b) on or after 11 July 2015, as well as to cases where the relevant date is after this Act is passed. (7) The “relevant date” has the meaning given by section 1(8) of the Leasehold Reform, Housing and Urban Development Act 1993. 5 (1) In Schedule 13 (premium and other amounts payable by tenant on grant of new lease), paragraph 8 is amended as follows. (2) For sub-paragraph (2) substitute— (2) The value of an intermediate leasehold interest which is the interest of the tenant under a minor intermediate lease is to be calculated in accordance with regulations made by the appropriate national authority instead of in accordance with sub-paragraph (1). (3) Omit sub-paragraphs (6) and (7). (4) After sub-paragraph (9) insert— (10) In sub-paragraph (2) “appropriate national authority” means— (a) in relation to a leasehold interest of land in England, the Secretary of State; (b) in relation to a leasehold interest of land in Wales, the Welsh Ministers. (5) The amendments made by this paragraph apply to cases where the relevant date is— (a) before this Act is passed, but (b) on or after 11 July 2015, as well as to cases where the relevant date is after this Act is passed. (6) The “relevant date” has the meaning given by section 39(8) of the Leasehold Reform, Housing and Urban Development Act 1993.

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SCHEDULE 11 Default powers exercisable by Mayor of London or combined authority: Schedule to be inserted in the Planning and Compulsory Purchase Act 2004

Section 147 SCHEDULE 1 Default powers exercisable by Mayor of London or combined authority Section 27A Default powers exercisable by Mayor of London 1 If the Secretary of State— (a) thinks that a London borough council, in their capacity as local planning authority, are failing or omitting to do anything it is necessary for them to do in connection with the preparation, revision or adoption of a development plan document, and (b) invites the Mayor of London to prepare or revise the document, the Mayor of London may prepare or revise (as the case may be) the development plan document. 2 (1) This paragraph applies where a development plan document is prepared or revised by the Mayor of London under paragraph 1. (2) The Mayor of London must hold an independent examination. (3) The Mayor of London— (a) must publish the recommendations and reasons of the person appointed to hold the examination, and (b) may also give directions to the council in relation to publication of those recommendations and reasons. (4) The Mayor of London may— (a) approve the document, or approve it subject to specified modifications, as a local development document, or (b) direct the council to consider adopting the document by resolution of the council as a local development document. 3 (1) Subsections (4) to (7C) of section 20 apply to an examination held under paragraph 2(2)— (a) with the reference to the local planning authority in subsection (7C) of that section being read as a reference to the Mayor of London, and (b) with the omission of subsections (5)(c), (7)(b)(ii) and (7B)(b). (2) The Mayor of London must give reasons for anything he does in pursuance of paragraph 1 or 2(4). (3) The council must reimburse the Mayor of London— (a) for any expenditure that the Mayor incurs in connection with anything which is done by him under paragraph 1 and which the council failed or omitted to do as mentioned in that paragraph; (b) for any expenditure that the Mayor incurs in connection with anything which is done by him under paragraph 2(2). Default powers exercisable by combined authority 4 In this Schedule— “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009; “constituent planning authority”, in relation to a combined authority, means— a county council, metropolitan district council or non-metropolitan district council which is the local planning authority for an area within the area of the combined authority, or a joint committee established under section 29 whose area is within, or the same as, the area of the combined authority. 5 If the Secretary of State— (a) thinks that a constituent planning authority are failing or omitting to do anything it is necessary for them to do in connection with the preparation, revision or adoption of a development plan document, and (b) invites the combined authority to prepare or revise the document, the combined authority may prepare or revise (as the case may be) the development plan document. 6 (1) This paragraph applies where a development plan document is prepared or revised by a combined authority under paragraph 5. (2) The combined authority must hold an independent examination. (3) The combined authority— (a) must publish the recommendations and reasons of the person appointed to hold the examination, and (b) may also give directions to the constituent planning authority in relation to publication of those recommendations and reasons. (4) The combined authority may— (a) approve the document, or approve it subject to specified modifications, as a local development document, or (b) direct the constituent planning authority to consider adopting the document by resolution of the authority as a local development document. 7 (1) Subsections (4) to (7C) of section 20 apply to an examination held under paragraph 6(2)— (a) with the reference to the local planning authority in subsection (7C) of that section being read as a reference to the combined authority, and (b) with the omission of subsections (5)(c), (7)(b)(ii) and (7B)(b). (2) The combined authority must give reasons for anything they do in pursuance of paragraph 5 or 6(4). (3) The constituent planning authority must reimburse the combined authority— (a) for any expenditure that the combined authority incur in connection with anything which is done by them under paragraph 5 and which the constituent planning authority failed or omitted to do as mentioned in that paragraph; (b) for any expenditure that the combined authority incur in connection with anything which is done by them under paragraph 6(2). Intervention by Secretary of State 8 (1) This paragraph applies to a development plan document that has been prepared or revised— (a) under paragraph 1 by the Mayor of London, or (b) under paragraph 5 by a combined authority. (2) If the Secretary of State thinks that a development plan document to which this paragraph applies is unsatisfactory— (a) he may at any time before the document is adopted under section 23, or approved under paragraph 2(4)(a) or 6(4)(a), direct the Mayor of London or the combined authority to modify the document in accordance with the direction; (b) if he gives such a direction he must state his reasons for doing so. (3) Where a direction is given under sub-paragraph (2)— (a) the Mayor of London or the combined authority must comply with the direction; (b) the document must not be adopted or approved unless the Secretary of State gives notice that the direction has been complied with. (4) Sub-paragraph (3) does not apply if or to the extent that the direction under sub-paragraph (2) is withdrawn by the Secretary of State. (5) At any time before a development plan document to which this paragraph applies is adopted under section 23, or approved under paragraph 2(4)(a) or 6(4)(a), the Secretary of State may direct that the document (or any part of it) is submitted to him for his approval. (6) In relation to a document or part of a document submitted to him under sub-paragraph (5) the Secretary of State— (a) may approve the document or part; (b) may approve it subject to specified modifications; (c) may reject it. The Secretary of State must give reasons for his decision under this sub-paragraph. (7) The Secretary of State may at any time— (a) after a development plan document to which this paragraph applies has been submitted for independent examination, but (b) before it is adopted under section 23 or approved under paragraph 2(4)(a) or 6(4)(a), direct the Mayor of London or the combined authority to withdraw the document. 9 (1) This paragraph applies if the Secretary of State gives a direction under paragraph 8(5). (2) No steps are to be taken in connection with the adoption or approval of the document until the Secretary of State gives his decision, or withdraws the direction. (3) If the direction is given, and not withdrawn, before the document has been submitted for independent examination, the Secretary of State must hold an independent examination. (4) If the direction— (a) is given after the document has been submitted for independent examination but before the person appointed to carry out the examination has made his recommendations, and (b) is not withdrawn before those recommendations are made, the person must make his recommendations to the Secretary of State. (5) The document has no effect unless the document or (as the case may be) the relevant part of it has been approved by the Secretary of State, or the direction is withdrawn. The “relevant part” is the part of the document that— (a) is covered by a direction under paragraph 8(5) which refers to only part of the document, or (b) continues to be covered by a direction under paragraph 8(5) following the partial withdrawal of the direction. (6) The Secretary of State must publish the recommendations made to him by virtue of sub-paragraph (3) or (4) and the reasons of the person making the recommendations. (7) In considering a document or part of a document submitted under paragraph 8(5) the Secretary of State may take account of any matter which he thinks is relevant. (8) It is immaterial whether any such matter was taken account of by the Mayor of London or the combined authority. 10 Subsections (4) to (7C) of section 20 apply to an examination held under paragraph 9(3)— (a) with the reference to the local planning authority in subsection (7C) of that section being read as a reference to the Secretary of State, and (b) with the omission of subsections (5)(c), (7)(b)(ii) and (7B)(b). 11 In the exercise of any function under paragraph 8 or 9 the Secretary of State must have regard to the local development scheme. 12 The Mayor of London or the combined authority must reimburse the Secretary of State for any expenditure incurred by the Secretary of State under paragraph 8 or 9 that is specified in a notice given by him to the Mayor or the authority. Temporary direction pending possible use of intervention powers 13 (1) If the Secretary of State is considering whether to give a direction to the Mayor of London or a combined authority under paragraph 8 in relation to a development plan document, he may direct the Mayor or the authority not to take any step in connection with the adoption or approval of the document— (a) until the time (if any) specified in the direction, or (b) until the direction is withdrawn. (2) A document to which a direction under this paragraph relates has no effect while the direction is in force. (3) A direction given under this paragraph in relation to a document ceases to have effect if a direction is given under paragraph 8 in relation to that document.

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SCHEDULE 12 Permission in principle for development of land: minor and consequential amendments

Section 150 Town and Country Planning Act 1990 (c. 8) 1 The Town and Country Planning Act 1990 is amended as follows. 2 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 ”. 3 In the heading before section 61W, after “planning permission” insert “ or permission in principle ”. 4 In section 61W (requirement to carry out pre-application consultation), in subsection (1)(a), after “planning permission” insert “ , or permission in principle, ”. 5 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 ”. 6 In section 61Y (power to make supplementary provision), in subsection (1), after “planning permission” insert “ or permission in principle ”. 7 In the heading before section 62, after “planning permission” insert “ or permission in principle ”. 8 (1) Section 62 (applications for planning permission) is amended as follows. (2) In the heading and in subsection (1), after “planning permission” insert “ or permission in principle ”. (3) In subsection (7)— (a) after “the application for planning permission” insert “ or permission in principle ”; (b) in paragraphs (a) and (b), after “planning permission” insert “ or permission in principle ”. 9 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 ”. 10 In section 69 (register of applications etc), after paragraph (a) of subsection (1) insert— (aza) applications for permission in principle; . 11 (1) Section 70 (determination of applications: general considerations) is amended as follows. (2) In subsection (2), for “such an application” substitute “ an application for planning permission or permission in principle ”. (3) In subsection (2A), for “Subsection (2)(b) does not” substitute “ Subsections (1A), (2)(b) and (2ZZA) to (2ZZC) do not ”. 12 (1) Section 70A (power to decline to determine subsequent application) is amended as follows. (2) In subsection (5), after paragraph (a) insert— (aa) an application for permission in principle for the development of any land; . (3) In subsection (8), for “An application for planning permission is similar” substitute “ Subject to subsection (9), an application is similar ”. (4) After that subsection insert— (9) An application within subsection (5)(a) or (b) is not similar to an earlier application within subsection (5)(aa). 13 (1) Section 70B (power to decline to determine overlapping application) is amended as follows. (2) In subsections (1) and (4A), after “planning permission” insert “ , or permission in principle, ”. (3) In subsection (5) omit “for planning permission”. 14 In section 70C (power to decline to determine retrospective application), in subsections (1) and (2), after “for planning permission” insert “ or permission in principle ”. 15 In section 71 (consultation in connection with determinations under section 70), in subsection (1), after “planning permission” insert “ or permission in principle ”. 16 In section 71A (assessment of environmental effects), in subsection (1), after “planning permission” insert “ , or permission in principle, ”. 17 (1) Section 74 (directions etc as to method of dealing with applications) is amended as follows. (2) In subsection (1)— (a) after “applications for planning permission” insert “ , or permission in principle, ”; (b) in paragraphs (a), (c), (d) and (f), after “planning permission” insert “ or permission in principle ”; (c) in paragraph (b), after “planning permission” insert “ , or permission in principle, ”. (3) In subsection (1B)— (a) in paragraph (a), after “planning permission” insert “ , or permission in principle, ”; (b) in paragraph (c), after “planning permission” insert “ or permission in principle ”. 18 In section 76C (provisions applying to applications made under section 62A), after subsection (2) insert— (2A) Sections 65(5) and 70 to 70C apply, with any necessary modifications, to an application for permission in principle made to the Secretary of State under section 62A as they apply to an application for permission in principle which is to be determined by the local planning authority. (2B) Any requirements imposed by a development order by virtue of section 62(1), (2) or (8), 65 or 71 or paragraph 8(6) of Schedule 1 may be applied by a development order, with or without modifications, to an application for permission in principle made to the Secretary of State under section 62A. 19 In section 76D (deciding applications made under section 62A), in subsection (3), after “planning permission” insert “ or permission in principle ”. 20 (1) Section 77 (references of applications to Secretary of State) is amended as follows. (2) In subsection (1), after “planning permission” insert “ or permission in principle ”. (3) In subsection (4)— (a) for “subsection (5), where” substitute subsection (5)— (a) where ; (b) for “local planning authority and” substitute local planning authority; (b) where an application for permission in principle is referred to the Secretary of State under this section, section 70 shall apply, with any necessary modifications, as it applies to such an application which falls to be determined by the local planning authority; and . 21 In section 78 (right of appeal against planning decisions and failure to take such decision), in subsection (1), after paragraph (a) insert— (aa) refuse an application for permission in principle; . 22 (1) Section 78A (appeal made: functions of local planning authorities) is amended as follows. (2) In subsection (1), after “section 78(1)(a)” insert “ or (aa) ”. (3) In subsection (4), for “to grant the application” substitute “ to grant an application mentioned in section 78(1)(a) ”. 23 (1) Section 79 (determination of appeals) is amended as follows. (2) In subsection (4)— (a) for “subsection (2), the provisions of sections” substitute subsection (2)— (a) sections ; (b) after “under section 78” insert “ in respect of an application within section 78(1)(a), (b) or (c) ”; (c) for “local planning authority and” substitute local planning authority; (b) section 70 shall apply, with any necessary modifications, in relation to an appeal to the Secretary of State under section 78 in respect of an application for permission in principle as it applies in relation to such an application which falls to be determined by the local planning authority; and . (3) After subsection (6) insert— (6ZA) If, before or during the determination of such an appeal in respect of an application for permission in principle to develop land, the Secretary of State forms the opinion that, having regard to the provisions of section 70 and the development order, permission in principle for that development could not have been granted by the local planning authority, he may decline to determine the appeal or to proceed with the determination. 24 In the heading before section 97, after “planning permission” insert “ or permission in principle ”. 25 (1) Section 97 (power to revoke or modify planning permission) is amended as follows. (2) In the heading, at the end insert “ or permission in principle ”. (3) In subsection (1), for the words from “modify” to “the authority” substitute modify— (a) any permission (including permission in principle) to develop land granted on an application made under this Part, or (b) any permission in principle granted by a development order, the authority . (4) In subsection (3)(a) and (b), for “where the permission” substitute “ in the case of planning permission that ”. (5) In subsection (4), for “permission” substitute “ planning permission ”. 26 In section 99 (procedure for section 97 orders: unopposed cases), in subsection (8)(a), after “planning permission” insert “ or permission in principle ”. 28 (1) Section 107 (compensation where planning permission revoked or modified) is amended as follows. (2) In the heading, after “planning permission” insert “ or permission in principle ”. (3) In subsection (1)— (a) after “planning permission” insert “ or permission in principle ”; (b) or “section 97” substitute “section 97(1)(a)”. (4) In subsections (2) and (3), for “this section” substitute “ subsection (1) ”. (5) In subsection (4)— (a) for “this section” substitute “ subsection (1) ”; (b) for “consisting” substitute “ that is attributable to the revocation or modification of planning permission and consists ”. (6) After that subsection insert— (4A) A development order may make provision for the payment of compensation, in such circumstances and subject to such conditions as may be prescribed in the order, where permission in principle is revoked or modified by an order under section 97(1)(b). 29 (1) Section 108 (compensation for refusal or conditional grant of planning permission formerly granted by development order etc) is amended as follows. (2) In the heading, after “planning permission” insert “ etc ”. (3) After subsection (2A) insert— (2B) Where— (a) permission in principle granted by a development order is withdrawn by the revocation or amendment of the order, and (b) on an application made under Part 3 or section 293A before the end of the period of 12 months beginning with the date on which the revocation or amendment came into operation, permission in principle is refused for development of a description that is the same as, or falls within, that to which the withdrawn permission in principle related, section 107 shall apply as if the permission in principle granted by the development order had been granted by the local planning authority under Part 3 or section 293A, and had been revoked or modified by an order under section 97. (4) In subsection (3), after “planning permission” insert “ , or permission in principle, ”. (5) In subsections (3B)(a) and (3C)(a), after “planning permission” insert “ or permission in principle ”. (6) In subsection (3C)(b), for “planning permission” substitute “ permission ”. (7) In subsection (3C)(d), before “either” insert “ where the development order granted planning permission, ”. 30 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 ”. 31 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 ”. 32 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 ”. 33 In section 293 (application to Crown: definitions), in subsection (2A), after “planning permission” insert “ or permission in principle ”. 34 (1) Section 293A (urgent Crown development: application) is amended as follows. (2) In subsection (2), after “planning permission” (in both places) insert “ or permission in principle ”. (3) In subsection (4)(a), after “planning permission” insert “ , or (as the case may be) permission in principle, ”. 35 (1) Section 298A (application for planning permission by Crown) is amended as follows. (2) In the heading, after “planning permission” insert “ etc ”. (3) In subsection (1), after “for planning permission” insert “ , for permission in principle ”. 36 In section 303 (fees for planning applications etc), in subsection (4), after “planning permission” insert “ or permission in principle ”. 37 In section 316 (land of interested planning authorities and development by them), for subsection (7) substitute— (7) This section applies— (a) to permission in principle to develop any land, and (b) to any consent required in respect of any land, as it applies to planning permission to develop land. 38 In section 322B (local inquiries in London: special provision as to costs in certain cases)— (a) in subsection (1)(a), (b) in paragraph (a) of the subsection set out in subsection (5), and (c) in paragraph (a) of the subsection set out in subsection (6), after “planning permission” insert “ or permission in principle ”. 39 In section 332 (combined applications), in subsection (1)(a), after “planning permission” insert “ , or permission in principle, ”. 40 (1) In section 336 (interpretation), subsection (1) is amended as follows. (2) At the appropriate place insert— “permission in principle” means permission of the kind referred to in section 58A; . (3) At the end of the definition of “planning permission” insert “ but does not include permission in principle ”. 41 (1) Schedule 1 (local planning authorities: distribution of functions) is amended as follows. (2) In paragraph 3(1)(a), after “planning permission” insert “ or permission in principle ”. (3) In paragraph 4(2), after “application for planning permission” insert “ or permission in principle ”. (4) 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 ”. Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) 42 (1) 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 ”. 43 In section 91(2) of that Act (expressions that have the same meaning as in the principal Act), at the appropriate place insert— permission in principle . Commons Act 2006 (c. 26) 44 (1) Schedule 1A to the Commons Act 2006 (exclusion of right under section 15) is amended as follows. (2) In the first column of the Table, in paragraphs 1 and 2, after “An application for planning permission” insert “ , or permission in principle, ”. (3) In the second column of the Table, in paragraphs 1(c) and 2(c), after “planning permission” insert “ or permission in principle ”.

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