Session 2015-16
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Thursday 10 December 2015

 

Public Bill Committee

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Housing and Planning Bill


 

Note

 

This document includes all amendments remaining before the Committee and

 

includes any withdrawn amendments at the end. The amendments have been

 

arranged in accordance with the Order of the Committee [10 November 2015, as

 

amended on 19 November 2015.]

 


 

New ClauseS

 

Brandon Lewis

 

NC2

 

To move the following Clause—

 

         

“Revocation or variation of banning orders

 

(1)    

A person against whom a banning order is made may apply to the First-tier

 

Tribunal for an order under this section revoking or varying the order.

 

(2)    

If the banning order was made on the basis of one or more convictions all of

 

which are overturned on appeal, the First-tier Tribunal must revoke the banning

 

order.

 

(3)    

If the banning order was made on the basis of more than one conviction and some

 

of them (but not all) have been overturned on appeal, the First-tier Tribunal

 

may—

 

(a)    

vary the banning order, or

 

(b)    

revoke the banning order.

 

(4)    

If the banning order was made on the basis of one or more convictions that have

 

become spent, the First-tier Tribunal may—

 

(a)    

vary the banning order, or

 

(b)    

revoke the banning order.

 

(5)    

The power to vary a banning order under (3)(a) or (4)(a) may be used to add new

 

exceptions to a ban or to vary—


 
 

Public Bill Committee: 10 December 2015                  

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Housing and Planning Bill, continued

 
 

(a)    

the banned activities,

 

(b)    

the length of a ban, or

 

(c)    

existing exceptions to a ban.

 

(6)    

In this section “spent”, in relation to a conviction, means spent for the purposes

 

of the Rehabilitation of Offenders Act 1974.”

 

Member’s explanatory statement

 

This amendment allows a banning order to be revoked or varied in certain circumstances.

 


 

Brandon Lewis

 

NC3

 

To move the following Clause—

 

         

“Offence of breach of banning order

 

(1)    

A person who breaches a banning order commits an offence.

 

(2)    

A person guilty of an offence under this section is liable on summary conviction

 

to imprisonment for a period not exceeding 51 weeks or to a fine or to both.

 

(3)    

If a financial penalty under section 17 has been imposed in respect of the breach,

 

the person may not be convicted of an offence under this section.

 

(4)    

In relation to an offence committed before section 281(5) of the Criminal Justice

 

Act 2003 comes into force, the reference in subsection (2) to 51 weeks is to be

 

read as a reference to 6 months.”

 

Member’s explanatory statement

 

This amendment makes it an offence to breach a banning order.

 


 

Brandon Lewis

 

NC4

 

To move the following Clause—

 

         

“Offences by bodies corporate

 

(1)    

Where an offence under section (Offence of breach of banning order) committed

 

by a body corporate is proved to have been committed with the consent or

 

connivance of, or to be attributable to any neglect on the part of, an officer of a

 

body corporate, the officer as well as the body corporate commits the offence and

 

is liable to be proceeded against and punished accordingly.

 

(2)    

Where the affairs of a body corporate are managed by its members, subsection (1)

 

applies in relation to the acts and defaults of a member in connection with the

 

member’s functions of management as if the member were an officer of the body

 

corporate.”

 

Member’s explanatory statement

 

This amendment ensures that officers of a body corporate can be prosecuted for offences

 

committed by it under NC3. “Officer” is given a broad definition by clause 48 of the Bill.

 



 
 

Public Bill Committee: 10 December 2015                  

3

 

Housing and Planning Bill, continued

 
 

Brandon Lewis

 

NC5

 

To move the following Clause—

 

         

“Power to require information

 

(1)    

A local housing authority may require a person to provide specified information

 

for the purpose of enabling the authority to decide whether to apply for a banning

 

order against the person.

 

(2)    

It is an offence for the person to fail to comply with a requirement, unless the

 

person has a reasonable excuse for the failure.

 

(3)    

It is an offence for the person to provide information that is false or misleading if

 

the person knows that the information is false or misleading or is reckless as to

 

whether it is false or misleading.

 

(4)    

A person who commits an offence under this section is liable on summary

 

conviction to a fine.”

 

Member’s explanatory statement

 

This amendment allows a local housing authority to require a person to provide information for

 

the purpose of deciding whether to apply for a banning order. For example, the number of

 

properties that a landlord has may be relevant to whether an authority applies for a banning order.

 

The power would allow the authority to require the landlord to provide that information.

 


 

Brandon Lewis

 

NC6

 

To move the following Clause—

 

         

“Removal or variation of entries made under section 24

 

(1)    

An entry made in the database under section 24 may be removed or varied in

 

accordance with this section.

 

(2)    

If the entry was made on the basis of one or more convictions all of which are

 

overturned on appeal, the responsible local housing authority must remove the

 

entry.

 

(3)    

If the entry was made on the basis of more than one conviction and some of them

 

(but not all) have been overturned on appeal, the responsible local housing

 

authority may—

 

(a)    

remove the entry, or

 

(b)    

reduce the period for which the entry must be maintained.

 

(4)    

If the entry was made on the basis of one or more convictions that have become

 

spent, the responsible local housing authority may—

 

(a)    

remove the entry, or

 

(b)    

reduce the period for which the entry must be maintained.

 

(5)    

If a local housing authority removes an entry in the database, or reduces the

 

period for which it must be maintained, it must notify the person to whom the

 

entry relates.

 

(6)    

In this section—

 

“responsible local housing authority” means the local housing authority by

 

which the entry was made;

 

“spent”, in relation to a conviction, means spent for the purposes of the

 

Rehabilitation of Offenders Act 1974.”


 
 

Public Bill Committee: 10 December 2015                  

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Housing and Planning Bill, continued

 
 

 

Member’s explanatory statement

 

This amendment allows a local housing authority to remove an entry in the database of rogue

 

landlords and property agents or reduce the time for which the entry must be maintained in certain

 

circumstances. See also NC7. There is no mention of clause 23 as an entry under that clause is

 

maintained for as long as the banning order has effect.

 


 

Brandon Lewis

 

NC7

 

To move the following Clause—

 

         

“Requests for exercise of powers under section (Removal or variation of entries

 

made under section 24) and appeals

 

(1)    

A person in respect of whom an entry is made in the database under section 24

 

may request the responsible local housing authority to use its powers under

 

section (Removal or variation of entries made under section 24) to—

 

(a)    

remove the entry, or

 

(b)    

reduce the period for which the entry must be maintained.

 

(2)    

The request must be in writing.

 

(3)    

Where a request is made, the local housing authority must—

 

(a)    

decide whether to comply with the request, and

 

(b)    

give the person notice of its decision.

 

(4)    

If the local housing authority decides not to comply with the request the notice

 

must include—

 

(a)    

reasons for that decision, and

 

(b)    

a summary of the appeal rights conferred by this section.

 

(5)    

Where a person is given notice that the responsible local housing authority has

 

decided not to comply with the request the person may appeal to the First-tier

 

Tribunal against that decision.

 

(6)    

An appeal to the First-tier Tribunal under subsection (5) must be made before the

 

end of the period of 21 days beginning with the day on which the notice was

 

given.

 

(7)    

The First-tier Tribunal may allow an appeal to be made to it after the end of that

 

period if satisfied that there is a good reason for the person’s failure to appeal

 

within the period (and for any subsequent delay).

 

(8)    

On an appeal under this section the tribunal may order the local housing authority

 

to—

 

(a)    

remove the entry, or

 

(b)    

reduce the period for which the entry must be maintained.”

 

Member’s explanatory statement

 

This amendment allows a person to request a local housing authority to use its powers to remove

 

or vary an entry in the database of rogue landlords and property agents (see NC6). If the local

 

housing authority refuses, the person may appeal to the First-tier Tribunal.

 



 
 

Public Bill Committee: 10 December 2015                  

5

 

Housing and Planning Bill, continued

 
 

Brandon Lewis

 

NC8

 

To move the following Clause—

 

         

“Meaning of “property manager” and related expressions

 

(1)    

In this Part “property manager” means a person who engages in English property

 

management work.

 

(2)    

In this Part “English property management work” means things done by a person

 

in the course of a business in response to instructions received from another

 

person (“the client”) where—

 

(a)    

the client wishes the person to arrange services, repairs, maintenance,

 

improvements or insurance in respect of, or to deal with any other aspect

 

of the management of, premises on the client’s behalf, and

 

(b)    

the premises consist of housing in England let under a tenancy.”

 

Member’s explanatory statement

 

This and related amendments are intended to ensure that a banning order can be made against any

 

person who engages in property management work, not just letting agents who engage in such

 

work.

 


 

Brandon Lewis

 

NC17

 

To move the following Clause—

 

         

“Default powers exercisable by Mayor of London or combined authority

 

(1)    

After section 27 of the Planning and Compulsory Purchase Act 2004 insert—

 

“27A  

Default powers exercisable by Mayor of London or combined

 

authority

 

Schedule A1 (default powers exercisable by Mayor of London or

 

combined authority) has effect.”

 

(2)    

Before Schedule 1 to that Act insert, as Schedule A1, the Schedule set out in

 

Schedule (Default powers exercisable by Mayor of London or combined

 

authority: Schedule to be inserted in the Planning and Compulsory Purchase Act

 

2004) to this Act.

 

(3)    

In section 17 of that Act (local development documents), at the end of subsection

 

(8) insert—

 

“(c)    

is approved by the Mayor of London under paragraph 2 of

 

Schedule A1;

 

(d)    

is approved by a combined authority under paragraph 6 of that

 

Schedule.””

 

Member’s explanatory statement

 

This new Clause and NS2 make provision for the Secretary of State to invite the Mayor of London

 

or a combined authority to prepare or revise a development plan document for a local planning

 

authority in their area that is failing to progress the document.

 



 
 

Public Bill Committee: 10 December 2015                  

6

 

Housing and Planning Bill, continued

 
 

Brandon Lewis

 

NC18

 

To move the following Clause—

 

         

“Amendments to do with section 111 to 117

 

    

Schedule (Right to enter and survey land: consequential amendments) amends

 

legislation conferring rights of entry relating to the acquisition of an interest in or

 

a right over land in England and Wales.”

 

Member’s explanatory statement

 

This amendment, together with amendment 257and new Schedule (Right to enter and survey land:

 

consequential amendments), clarifies how the new right of entry in clause 111 will interact with a

 

number of existing rights of entry.

 


 

Brandon Lewis

 

NC23

 

To move the following Clause—

 

         

“Procedure for redeeming English rentcharges

 

(1)    

The Rentcharges Act 1977 is amended in accordance with subsections (2) to (5).

 

(2)    

Before section 8 (but after the italic heading before section 8) insert—

 

“7A    

Power to make procedure for redeeming English rentcharges

 

(1)    

The Secretary of State may by regulations make provision allowing the

 

owner of land in England affected by a rentcharge to redeem it.

 

(2)    

Regulations under subsection (1) may not make provision in relation to—

 

(a)    

a rentcharge that could be redeemed by making an application

 

under section 8(1A),

 

(b)    

a rentcharge of a kind mentioned in section 2(3) or section

 

3(3)(a),

 

(c)    

a rentcharge in respect of which the period for which it is payable

 

cannot be ascertained, or

 

(d)    

a variable rentcharge.

 

(3)    

For the purposes of subsection (2)(d) a rentcharge is variable if the

 

amount of the rentcharge will, or may, vary in the future in accordance

 

with the provisions of the instrument under which it is payable.

 

(4)    

Regulations under subsection (1) may, in particular—

 

(a)    

provide for the owner of land affected by a rentcharge to be able

 

to redeem a rentcharge by taking specified steps, including

 

making payments determined in accordance with the

 

regulations;

 

(b)    

require a rent owner or other person to take specified steps to

 

facilitate the redemption of a rentcharge, such as providing

 

information or executing a deed of release;

 

(c)    

where the documents of title of the owner of land affected by a

 

rentcharge are in the custody of a mortgagee, require the

 

mortgagee to make those documents or copies of those

 

documents available in accordance with the regulations;


 
 

Public Bill Committee: 10 December 2015                  

7

 

Housing and Planning Bill, continued

 
 

(d)    

permit or require a person specified in the regulations to design

 

the form of any document to be used in connection with the

 

redemption of rentcharges under the regulations;

 

(e)    

provide for a court or tribunal to—

 

(i)    

determine disputes about or in relation to the redemption

 

of a rentcharge;

 

(ii)    

make orders about the redemption of a rentcharge;

 

(iii)    

issue a redemption certificate;

 

(f)    

make provision corresponding to any of the provisions of section

 

10(2) to (4).

 

(5)    

Nothing in this section prevents the redemption of a rentcharge otherwise

 

than in accordance with regulations under subsection (1).”

 

(3)    

In section 8—

 

(a)    

in subsection (1)—

 

(i)    

after “land” insert “in Wales”;

 

(ii)    

for the words from “a certificate” to the end substitute “a

 

redemption certificate”;

 

(b)    

after subsection (1) insert—

 

“(1A)    

The owner of any land in England affected by a rentcharge which

 

has been apportioned to that land by an apportionment order with

 

a condition under—

 

(a)    

section 7(2) above, or

 

(b)    

section 20(1) of the Landlord and Tenant Act 1927,

 

    

may apply to the Secretary of State, in accordance with this

 

section, for a redemption certificate.”

 

(4)    

In section 12—

 

(a)    

in subsection (1), after “this Act” insert “, apart from regulations under

 

section 7A,”;

 

(b)    

after subsection (1) insert—

 

“(1A)    

Regulations under section 7A are to be made by statutory

 

instrument.

 

(1B)    

A statutory instrument containing regulations under section 7A

 

may not be made unless a draft of the instrument has been laid

 

before and approved by a resolution of each House of

 

Parliament.”

 

(5)    

In section 13(1), in the definition of “redemption certificate”, for the words from

 

“has” to the end substitute “means a certificate certifying that a rentcharge has

 

been redeemed”.

 

(6)    

The Leasehold Reform Act 1967 is amended in accordance with subsections (7)

 

and (8).

 

(7)    

In section 8(4)(b), for “8” substitute “7A”.

 

(8)    

In section 11—

 

(a)    

in subsection (6), after “1977” insert “or the amount that would have to

 

be paid to secure the redemption of that rentcharge in accordance with

 

regulations made under section 7A of that Act”;

 

(b)    

in subsection (7)(a), after “specified” insert “or required”;

 

(c)    

in subsection (8), for “8” substitute “7A”.”

 

Member’s explanatory statement

 

This amendment will permit the Secretary of State to make regulations allowing the owner of land


 
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