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| | given up to and including |
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| | New Amendments handed in are marked thus  |
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| |  Amendments which will comply with the required notice period at their next appearance
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| | Prevention of Social Housing Fraud Bill
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| | Clause 1, page 1, line 2, leave out ‘in England’. |
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| | Clause 1, page 1, line 13, leave out ‘in England’. |
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| | Clause 1, page 2, line 10, after ‘P’, insert ‘or to another person to be held for P’s |
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| | Clause 2, page 2, line 19, leave out ‘in England’. |
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| | Clause 2, page 2, line 27, leave out ‘in England’. |
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| | Clause 2, page 2, line 36, after ‘housing’, insert ‘or a registered social landlord’. |
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| | Clause 2, page 3, line 7, after ‘P’, insert ‘or to another person to be held for P’s |
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| | Clause 3, page 3, line 37, leave out subsection (6). |
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| | Clause 3, page 3, line 40, leave out ‘Subsections (5) and (6) also apply’ and insert |
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| | ‘Subsection (5) also applies’. |
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| | Clause 3, page 3, line 41, leave out ‘they’ and insert ‘it’. |
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| | Clause 4, page 4, line 1, after ‘offence’, insert ‘in relation to an offence under |
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| | Clause 4, page 4, line 15, leave out ‘, (7) and (8)’ and insert ‘and (7)’. |
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| | Clause 4, page 4, line 20, after ‘offence’, insert ‘(or the best estimate of that |
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| | Clause 4, page 4, line 35, leave out subsection (8). |
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| | Clause 4, page 4, line 41, leave out from ‘appropriate’ to ‘to’ in line 42. |
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| | Clause 4, page 4, line 43, leave out ‘(or to do both)’. |
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| | Clause 4, page 4, line 46, leave out ‘an appropriate sum under a compensation |
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| | Clause 4, page 4, line 47, leave out ‘(or both)’. |
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| | Clause 4, page 5, line 2, leave out ‘, make a compensation order or do both’. |
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| | Clause 4, page 5, line 2, at end insert— |
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| | | ‘(10A) | If the amount required to be paid by a person under an unlawful profit order is not |
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| | | paid when it is required to be paid, that person must pay interest on the amount |
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| | | for the period for which it remains unpaid. |
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| | | (10B) | The rate of interest is the same rate as that for the time being specified in section |
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| | | 17 of the Judgments Act 1838 (interest on civil judgment debts).’. |
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| | Clause 4, page 5, line 6, after ‘order’, insert ‘(subject to paragraph (e))’. |
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| | Clause 4, page 5, line 7, leave out ‘in section 131’. |
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| | Clause 4, page 5, line 10, leave out paragraph (c). |
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| | Clause 4, page 5, line 12, leave out ‘133(3)(b)’ and insert ‘133(3)(a) and (b)’. |
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| | Clause 4, page 5, line 12, at end insert ‘, and |
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| | | (e) | the reference in section 133(3)(c) to a confiscation order under Part 6 of |
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| | | the Criminal Justice Act 1988 or Part 2 of the Proceeds of Crime Act |
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| | | 2002 or an unlawful profit order (or both) were to such a confiscation |
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| | | order or a compensation order under section 130 of the Powers of |
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| | | Criminal Courts (Sentencing) Act 2000 (or both).’. |
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| | Clause 5, page 5, line 16, leave out ‘in England’. |
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| | Clause 5, page 5, line 38, after ‘housing’, insert ‘or a registered social landlord’. |
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| | Clause 5, page 5, line 46, at end insert— |
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| | | ‘(4A) | The amount payable under an unlawful profit order must be such amount as the |
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| | | court considers appropriate, having regard to any evidence and to any |
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| | | representations that are made by or on behalf of the landlord or the tenant, but |
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| | | subject to subsections (5) and (6).’. |
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| | Clause 5, page 6, line 1, leave out ‘Subject to subsection (6), the’ and insert ‘The |
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| | Clause 5, page 6, line 5, after ‘(4)(c)’, insert ‘(or the best estimate of that amount)’. |
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| | Clause 6, page 6, line 30, leave out ‘in England’. |
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| | Clause 6, page 6, line 39, after ‘housing’, insert ‘or a registered social landlord’. |
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| | Clause 6, page 6, line 40, at end insert— |
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| | | ‘(3A) | In this section “registered social landlord” has the same meaning as in Part 1 of |
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| | Clause 8, page 8, line 3, at end insert— |
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| | | ‘(7A) | In this Act “local authority” means a county council, a county borough council, a |
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| | | district council, a London borough council, the Common Council of the City of |
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| | | London or the Council of the Isles of Scilly. |
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| | | (7B) | In this Act “registered social landlord” has the same meaning as in Part 1 of the |
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| | Clause 8, page 8, line 4, after ‘“associated offence”’, insert ‘, in relation to an |
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| | Clause 8, page 8, line 6, leave out ‘an offence under section 1 or 2’ and insert ‘that |
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| | Clause 8, page 8, line 7, leave out ‘an offence under section 1 or 2’ and insert ‘that |
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| | Clause 8, page 8, line 10, leave out ‘an offence under section 1 or 2’ and insert ‘that |
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| | | Clause 9, page 8, line 15, leave out from ‘Act’ to end of line 16 and insert ‘, apart |
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| | from this section, come into force— |
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| | | (a) | in relation to England, on such day as the Secretary of State may by order |
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| | | (b) | in relation to Wales, on such day as the Welsh Ministers may by order |
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| | | Regulations about powers to require information in connection with housing fraud |
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| | To move the following Clause:— |
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| | | ‘(1) | The appropriate authority may by regulations provide for the exercise, for |
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| | | prescribed housing fraud investigation purposes, of powers to require the |
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| | | provision of information. |
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| | | (2) | The appropriate authority may by regulations— |
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| | | (a) | make provision about the persons by whom powers conferred by |
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| | | regulations under this section may be exercised; |
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| | | (b) | in particular, make provision for the authorisation by local authorities of |
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| | | persons to exercise those powers. |
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| | | (3) | The provision that may be made by regulations under this section includes, in |
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| | | particular, provision equivalent to— |
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| | | (a) | provision made by a relevant enactment, or |
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| | | (b) | provision that is capable of being made under a relevant enactment, |
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| | | with such modifications as the appropriate authority thinks fit. |
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| | | (4) | For the purposes of subsection (3), each of the following enactments is a “relevant |
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| | | (a) | section 109B of the Social Security Administration Act 1992 (powers to |
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| | | (b) | section 110A of that Act (authorisations by local authorities to exercise |
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| | | powers of investigation); |
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| | | (c) | section 121DA(2) and (3) of that Act (interpretation of Part 6 of that Act). |
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| | | (5) | After the repeal of section 110A of the Social Security Administration Act 1992 |
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| | | by Part 1 of Schedule 14 to the Welfare Reform Act 2012, the reference to that |
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| | | section in subsection (4) is to that section as it had effect immediately before it |
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| | | (6) | A person exercising powers conferred by regulations under this section must have |
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| | | regard to guidance issued or approved by the appropriate authority. |
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| | | (7) | In this section “housing fraud investigation purposes” means purposes relating to |
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| | | the prevention, detection or securing of evidence for a conviction of — |
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| | | (a) | an offence under this Act; |
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| | | (b) | an offence under the Fraud Act 2006 relating to the unlawful sub-letting |
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| | | or parting with possession of the whole or part of a dwelling-house let by |
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| | | a local authority, a private registered provider of social housing or a |
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| | | registered social landlord, |
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| | | (c) | an offence under the Fraud Act 2006 relating to an application for an |
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| | | allocation of housing accommodation under Part 6 of the Housing Act |
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| | | (d) | an offence under the Fraud Act 2006 relating to an application for |
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| | | accommodation, or for assistance in obtaining accommodation, under |
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| | | Part 7 of the Housing Act 1996, |
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| | | (e) | an offence under the Fraud Act 2006 relating to— |
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| | | (i) | a claim to exercise the right to buy under Part 5 of the Housing |
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| | | (ii) | a claim to exercise the right to acquire under section 16 of the |
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| | | (iii) | a claim to exercise the right to acquire under section 180 of the |
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| | | Housing and Regeneration Act 2008, or |
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| | | (f) | an associated offence in relation to an offence mentioned in any of |
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| | | (8) | In this section “prescribed” means prescribed by regulations under this section.’. |
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| | | Regulations about related offence |
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| | To move the following Clause:— |
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| | | ‘(1) | The appropriate authority may by regulations provide for the creation of an |
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| | | offence that may be committed by a person by refusing or failing to provide any |
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| | | information or document when required to do so by or under regulations under |
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| | | section [Regulations about powers to require information in connection with |
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| | | (2) | Regulations under this section— |
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