Legislative Consent Memorandum
Housing and Regeneration Bill
Legislative Consent Motion
1 "That the Parliament agrees that the relevant provisions in the Housing and Regeneration Bill, introduced to the House of Commons on 15 November 2007, relating to the executive competence of Scottish Ministers to enter into agreements for the provision of services with the Housing Corporation and/or Welsh Ministers, on such terms and for such payment which they consider appropriate, so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament."
Background
2 This memorandum has been lodged by Nicola Sturgeon, Cabinet Secretary for Health and Wellbeing and Deputy First Minister, under rule 9B.3.1a of the Parliament's Standing Orders.
3 The Housing and Regeneration Bill can be found at:
http://services.parliament.uk/bills/2007-08/housingandregeneration.html
Summary of the Bill and its policy objectives
4 The Housing and Regeneration Bill is sponsored by the Department for Communities. The main purpose of the Bill is to restructure the investment and regulation of social housing in England by establishing two new non-departmental bodies: the new Homes and Communities Agency (which will combine the investment functions of the Housing Corporation with the regeneration functions of English Partnerships); and OFTENANT (which will combine the regulation functions of the Housing Corporation with the Audit Commission's Housing Inspectorate).
5 The powers of the Housing Corporation will be divided between the two new bodies. Consequently, some powers will be replicated, references to the Housing Corporation will be updated, the terms of some powers will be revised and some powers will simply be repealed.
Provision within the Bill for which consent is sought
6 Only provisions relating to section 33A in the Housing Assocation Act 1985 require a Legislative Consent Motion. Section 33A of the 1985 Act enables the Housing Corporation and Scottish Ministers to enter into agreements for services with each other and with Welsh Ministers. To date, this power has never been used by Scottish Ministers or their precessors. Instead, Scottish Ministers and the Housing Corporation have agreed a non-statutory Memorandum of Understanding which governs how they work together on matters of mutual interest. As the Housing Corporation will cease to exist, the issue is whether to repeal the original power and replace it with a new one in respect of OFTENANT, or simply to repeal it. As the original power has not been used it is proposed to repeal this power and not to replace it.
7 If accepted, the provision in the Westminster Bill will end Scottish Ministers' statutory powers to enter into agreements for services regarding provision of cross-border housing regulation. This will not prevent Scottish Ministers (or any future housing regulator in Scotland) from working with OFTENANT on the basis of an agreed Memorandum of Understanding. Nor will it prevent similar Memoranda to be agreed with equivalent regulatory bodies in either Wales or Northern Ireland.
Advantages of utilising this Bill
8 Using the Housing and Regeneration Bill as the legislative vehicle is the most appropriate means of achieving this minor change in primary legislation. It may be possible to repeal section 33A in Scotland but no suitable legislation is currently planned which would serve as a vehicle for a Scottish amendment.
Consultation
9 As repeal would have no practical effect on how Scottish Ministers relate to other housing regulators in the UK and no bearing on the interests of other parties, Scottish Ministers have not consulted on the proposed repeal.
Financial implications
10 There are no financial implications associated with the proposed amendment.
Scottish Government
February 2008