12244.74-77

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Lords Amendments to the Localism Bill

74

“(2A)
Subsections (3A) and (4) apply in the case of an application under

subsection (1) if the tenancy has ended (whether before or after the

making of the application) and the court—

(a)
is satisfied that section 213(3) or (6) has not been complied

with in relation to the deposit, or

(b)
is not satisfied that the deposit is being held in accordance

with an authorised scheme,


as the case may be.”

(8)
After subsection (3) insert—

“(3A)
The court may order the person who appears to the court to be

holding the deposit to repay all or part of it to the applicant within

the period of 14 days beginning with the date of the making of the

order.”

(9)
In subsection (4) (amount of penalty payment)—

(a)
omit “also”, and

(b)
for “equal to” substitute “not less than the amount of the deposit

and not more than”.

(10)
Section 215 (sanctions for non-compliance) is amended as follows.

(11)
In subsection (1) (prevention of service of notice under section 21 of the

Housing Act 1988)—

(a)
at the beginning insert “Subject to subsection (2A),”, and

(b)
for paragraph (b) substitute—

“(b)
section 213(3) has not been complied with in relation

to the deposit.”

(12)
In subsection (2) (prevention of service of notice under section 21 of the

Housing Act 1988) at the beginning insert “Subject to subsection (2A),”.

(13)
After subsection (2) insert—

“(2A)
Subsections (1) and (2) do not apply in a case where—

(a)
the deposit has been returned to the tenant in full or with

such deductions as are agreed between the landlord and

tenant, or

(b)
an application to a county court has been made under

section 214(1) and has been determined by the court,

withdrawn or settled by agreement between the parties.”

(14)
In Schedule 10 (provisions relating to tenancy deposit schemes) in

paragraph 5A(9)(b) (modification of section 213(3)) for “14” substitute

“30”.”
213
Insert the following new Clause—

“Houses in multiple occupation

Exemption from HMO licensing for buildings run by co-operatives

(1)
In Schedule 14 to the Housing Act 2004 (buildings which are not HMOs for

the purposes of that Act (excluding Part 1)) after paragraph 2A insert—

75

“Buildings controlled or managed by a co-operative society

2B  (1)
A building where—

(a)
the person managing or having control of it is a co-

operative society whose rules are such as to secure that

each of the conditions set out in sub-paragraph (2) is met,

and

(b)
no person who occupies premises in the building does so

by virtue of an assured tenancy, a secure tenancy or a

protected tenancy.

      (2)
The conditions are—

(a)
that membership of the society is restricted to persons

who are occupiers or prospective occupiers of buildings

managed or controlled by the society,

(b)
that all management decisions of the society are made by

the members (or a specified quorum of members) at a

general meeting which all members are entitled to, and

invited to, attend,

(c)
that each member has equal voting rights at such a

meeting, and

(d)
that, if a person occupies premises in the building and is

not a member, that person is an occupier of the premises

only as a result of sharing occupation of them with a

member at the member’s invitation.

      (3)
For the purposes of sub-paragraph (1) “co-operative society”

means a body that—

(a)
is registered—

(i)
as a co-operative society under section 1 of the

1965 Act, or

(ii)
is a pre-2010 Act society (as defined by section

4A(1) of the 1965 Act) which meets the condition

in section 1(2) of the 1965 Act, and

(b)
is neither—

(i)
a non-profit registered provider of social housing,

nor

(ii)
registered as a social landlord under Part 1 of the

Housing Act 1996.

      (4)
In this paragraph—

“the 1965 Act” means the Co-operative and Community

Benefit Societies and Credit Unions Act 1965;

“assured tenancy” has the same meaning as in Part 1 of the

Housing Act 1988;

“protected tenancy” has the same meaning as in the Rent

Act 1977;

“secure tenancy” has the same meaning as in Part 4 of the

Housing Act 1985.”

(2)
Until the coming into force of section 1 of the 2010 Act, the paragraph 2B

inserted by subsection (1) of this section has effect as if for sub-paragraph

(3)(a) of that paragraph there were substituted—

“(a)
is a society registered, or treated as registered, under

section 1 of the 1965 Act in the case of which the condition

76

in section 1(2)(a) of that Act is fulfilled (bona fide co-

operative society),”.

(3)
Until the coming into force of section 2 of the 2010 Act, the paragraph 2B

inserted by subsection (1) of this section has effect as if in sub-paragraph (4)

of that paragraph “Industrial and Provident Societies Act 1965” were

substituted for “Co-operative and Community Benefit Societies and Credit

Unions Act 1965”.

(4)
In subsections (2) and (3) “the 2010 Act” means the Co-operative and

Community Benefit Societies and Credit Unions Act 2010.”
Clause 169
214
Page 160, line 45, leave out “, as from time to time amended,”
Clause 173
215
Page 162, line 14, after “Assembly” insert “or a consultee under subsection (4)(d),

(e), (f) or (g) that are comments”
Clause 177
216
Page 165, line 39, at end insert—

“(aa)
subsection (4) does not apply to the exercise of a function by an

MDC in consequence of an authorisation under section 38 of the

Greater London Authority Act 1999 (delegation by Mayor),”
Clause 178
217
Page 166, line 34, after “Assembly” insert “or an affected local authority that are

comments”
218
Page 166, line 35, at end insert—


“In paragraph (c) “affected local authority” means a person specified by

section 173(4)(d), (e), (f) or (g) in relation to the area.”
Clause 180
219
Page 167, line 28, leave out “or (3)” and insert “, (3) or (4)”
220
Page 167, line 35, leave out “178(4)” and insert “178(5)”
Clause 190
221
Page 172, line 24, after “Assembly” insert “or an affected local authority that are

comments”
222
Page 172, line 25, at end insert—


“In paragraph (c) “affected local authority” means a person specified by

section 173(4)(d), (e), (f) or (g) in relation to the area.”
Clause 194
223
Page 174, line 36, leave out “, as from time to time amended,”

77

Clause 199
224
Page 176, line 27, at end insert—

“(3A)
Before making or varying a delegation under subsection (1) above, a

Minister of the Crown must consult—

(a)
each London borough council,

(b)
the Common Council, and

(c)
the Assembly.”
After Clause 205
225
Insert the following new Clause—

“Sharing of administrative etc services by London authorities

(1)
Section 401A of the Greater London Authority Act 1999 (sharing of

administrative etc services by the Greater London Authority and

functional bodies) is amended as follows.

(2)
In subsection (1) (definition of “constituent body”)—

(a)
for “constituent body” substitute “relevant London authority”, and

(b)
at the end of paragraph (b) insert “,

(c)
the London Pensions Fund Authority,

(d)
the London Transport Users’ Committee,

(e)
the Commissioner of Police of the Metropolis, and

(f)
such person or body falling within subsection (1A)

as the Secretary of State may specify by order.”

(3)
After that subsection insert—

“(1A)
A person or body falls within this subsection if the person or body

exercises functions of a public nature in relation only to—

(a)
Greater London,

(b)
a part of Greater London, or

(c)
a part of England including Greater London or a part of

Greater London.”

(4)
In subsection (2) (power of constituent bodies to enter into arrangements

for provision of administrative etc services), for “constituent bodies”

substitute “relevant London authorities”.

(5)
In subsection (3) (arrangements may include discharge of functions by one

constituent body on behalf of another)—

(a)
for “constituent bodies” substitute “relevant London authorities”,

and

(b)
for “constituent body” substitute “relevant London authority”.

(6)
In subsection (4) (power of constituent bodies to form joint committees) for

“constituent bodies” substitute “relevant London authorities”.

(7)
In subsection (5) (joint committee to be treated as separate from constituent

bodies for purposes of section)—

(a)
for “constituent body” substitute “relevant London authority”, and

(b)
for “constituent bodies” substitute “relevant London authorities”.

(8)
After subsection (6) insert—