Baroness Scott of Bybrook:

Moved by Baroness Scott of Bybrook

34: Schedule 3, page 36, line 10, at end insert—“(za) for subsection (1) substitute—“(1) The regulator may hold an inquiry into the affairs of a registered provider if the regulator suspects that—(a) the affairs of the registered provider may have been mismanaged,(b) the registered provider has failed to meet a standard under section 193, 194 or 194A, or(c) there is a risk that, if no action is taken by the regulator or the registered provider, the registered provider will fail to meet a standard under section 193, 194 or 194A.””Member's explanatory statementThis adjusts the grounds on which the regulator can hold an inquiry and is linked to the repeal of sections 198A and 198B of the Housing and Regeneration Act 2008 (see the amendment, in the Minister’s name, to substitute clause 20 with a new clause).

35: Schedule 3, page 36, line 21, at end insert—“6A In section 249 (management transfer), in subsection (1)—(a) in paragraph (a), omit “or”;(b) at the end of paragraph (b) insert “, or(c) the registered provider has failed to meet a standard under section 193, 194 or 194A.””Member's explanatory statementThis adjusts the grounds on which the regulator can require a transfer of management functions and is linked to the repeal of sections 198A and 198B of the Housing and Regeneration Act 2008 (see the amendment, in the Minister’s name, to substitute clause 20 with a new clause).

36: Schedule 3, page 36, line 35, at end insert—“8A In section 252A (appointment of advisers to local authorities), in subsection (2)— (a) in the words before paragraph (a), for “thinks” substitute “is satisfied”;(b) at the end of paragraph (d) (inserted by section 9) insert—(e)that the authority has failed to meet a standard under section 193, 194 or 194A,”.8B In section 253 (transfer of land by private registered provider), in subsection (1)—(a) in paragraph (a), omit “or”;(b) at the end of paragraph (b) insert “, or(c) the registered provider has failed to meet a standard under section 193, 194 or 194A.”8C In section 255 (amalgamation), in subsection (1)—(a) in paragraph (a), omit “or”;(b) at the end of paragraph (b) insert “, or(c) the registered provider has failed to meet a standard under section 193, 194 or 194A.””Member's explanatory statementThese amendments adjust the grounds on which the regulator can appoint an adviser to a local authority, require a registered provider to transfer land or amalgamate registered societies and are linked to the repeal of sections 198A and 198B of the Housing and Regeneration Act 2008 (see the amendment, in the Minister’s name, to substitute clause 20 with a new clause).

37: Schedule 3, page 36, line 37, at end insert—“(b) in subsection (3), for the words from “that” to the end substitute “that—(a) the affairs of the registered provider have been mismanaged, or(b) the registered provider has failed to meet a standard under section 194.””Member's explanatory statementThis adjusts the grounds on which the regulator can restrict the dealings of a registered provider while an inquiry is in progress and is linked to the repeal of sections 198A and 198B of the Housing and Regeneration Act 2008 (see the amendment, in the Minister’s name, to substitute clause 20 with a new clause).

38: Schedule 3, page 37, line 2, leave out ““non-profit” substitute “private”” and insert “the words from “that” to the end substitute “that—(a) the affairs of a private registered provider have been mismanaged, or(b) a private registered provider has failed to meet a standard under section 194.””Member's explanatory statementThis adjusts the grounds on which the regulator can restrict the dealings of a registered provider following an inquiry and is linked to the repeal of sections 198A and 198B of the Housing and Regeneration Act 2008 (see the amendment, in the Minister’s name, to substitute clause 20 with a new clause).

39: Schedule 3, page 37, line 5, at end insert—“(ba) in subsection (3), for the words from “that” to the end substitute “that—(a) the affairs of the registered provider have been mismanaged, or(b) the registered provider has failed to meet a standard under section 193, 194 or 194A.””Member's explanatory statementThis adjusts the grounds on which the regulator can suspend an officer, employee or agent of a registered provider and is linked to the repeal of sections 198A and 198B of the Housing and Regeneration Act 2008 (see the amendment, in the Minister’s name, to substitute clause 20 with a new clause).

40: Schedule 3, page 37, line 14, after “mismanagement” insert “or failure”Member's explanatory statementThis amendment is consequential on the amendment to Schedule 3, page 37, line 5, in the Minister’s name.

41: Schedule 3, page 37, line 19, leave out ““non-profit” substitute “private”” and insert “the words from “that” to the end substitute “that—(a) the affairs of a private registered provider have been mismanaged, or(b) a private registered provider has failed to meet a standard under section 193, 194 or 194A.””Member's explanatory statementThis adjusts the grounds on which the regulator can remove an officer, employee or agent of a registered provider and is linked to the repeal of sections 198A and 198B of the Housing and Regeneration Act 2008 (see the amendment, in the Minister’s name, to substitute clause 20 with a new clause).

42: Schedule 3, page 37, line 22, after “mismanagement” insert “or failure”Member's explanatory statementThis amendment is consequential on the amendment to Schedule 3, page 37, line 19, in the Minister’s name.

43: Schedule 3, page 37, line 32, at end insert—“(aa) in subsection (1)(b), omit the “or”;(ab) after subsection (1)(b) insert—“(ba) in the case of a registered provider which is a registered charity, registered society or registered company, if none of the officers is a board member,(bb) if the regulator is satisfied that the registered provider has failed to meet a standard under section 193, 194 or 194A, or”;(ac) after subsection (1) insert—“(1A) In subsection (1)(ba), “board member” means—(a) in the case of a registered charity which is not a registered company, a charity trustee within the meaning given by section 177 of the Charities Act 2011;(b) in the case of a registered society, a member of its committee within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014;(c) in the case of a registered company, a director within the meaning given by section 250 of the Companies Act 2006.””Member's explanatory statementThis widens the power of the regulator to appoint officers of a registered provider so that an appointment can be made where a provider has breached a regulatory standard or, for some forms of registered provider, where none of the existing officers are a “board member” (as defined).

44: Schedule 3, page 37, line 33, after “subsection (4)(a)” insert “—(i) leave out “on expiry”;Member's explanatory statementThis is to make it clear that the regulator does not need to wait until the expiry of a term of appointment of an officer before renewing the appointment.

45: Schedule 3, page 37, line 34, at end insert—“15 In section 269A (local authorities: censure during or following inquiry)—(a) in subsection (3), for the words from “that” to the end substitute “that—(a) the affairs of the authority have been mismanaged, or(b) the authority has failed to meet a standard under section 193, 194 or 194A.”;(b) in subsection (4), for the words from “that” to the end substitute “that—(a) the affairs of the authority have been mismanaged, or (b) the authority has failed to meet a standard under section 193, 194 or 194A.”16 In section 269B (response to censure notice), in subsection (2)(c), after “mismanaged” insert “or it has failed to meet the standard (as the case may be).””Member's explanatory statementThis adjusts the grounds on which the regulator can give a censure notice to a local authority and is linked to the repeal of sections 198A and 198B of the Housing and Regeneration Act 2008 (see the amendment, in the Minister’s name, to substitute clause 20 with a new clause).

Amendments 34 to 45 agreed.

Schedule 3, as amended, agreed.

Clause 29 agreed.