New Clause 20 - Provision about excepted cases

Part of Welfare Reform and Work Bill – in a Public Bill Committee at 3:45 pm on 15th October 2015.

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“(1) The Secretary of State may by regulations make provision about the maximum amount of rent payable to a registered provider in respect of a relevant year, or a part of a relevant year, by a tenant of social housing in relation to whom—

(a) section 19 does not apply because of an exception in regulations under section 20;

(b) a provision about levels of rent in Part 1 of Schedule (Further provision about social housing rents) does not apply because of an exception in regulations under paragraph 5 of that Schedule.

(2) The Secretary of State may by regulations make provision about the maximum amount of rent payable to a registered provider by a tenant of social housing—

(a) in respect of the part of the relevant year after an exception in regulations under section20 ceases to apply;

(b) in respect of the part of the relevant year after an exception in regulations under paragraph 5 of Schedule (Further provision about social housing rents) ceases to apply;

(c) in respect of the following relevant year (if any).

(3) Regulations under subsection (1) or (2) may, in particular, require registered providers to secure that the maximum amount of rent payable in respect of a relevant year, or part of a relevant year, is an amount determined as specified in the regulations.

(4) Regulations under subsection (1) or (2) may make provision about disapplying or modifying a requirement in the regulations as it relates to a registered provider.

(5) Regulations made by virtue of subsection (4) may, in particular, enable the Secretary of State or the regulator to issue a direction that disapplies or modifies a requirement as it relates to a registered provider.

(6) Regulations made by virtue of subsection (5) may provide for a direction to specify—

(a) the period during which it has effect;

(b) the social housing in relation to which it has effect.

(7) Regulations made by virtue of subsection (5) may—

(a) provide for conditions to be satisfied before a direction is issued;

(b) provide for the regulator to obtain the consent of the Secretary of State before issuing a direction.

(8) Regulations under subsection (1) or (2) may make provision about the enforcement of the regulations, including provision applying Part 2 of the Housing and Regeneration Act 2008 with modifications.

(9) Regulations under this section must be made by statutory instrument.

(10) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”—(Guy Opperman.)