Session 2015-16
Internet Publications
Other Bills before Parliament


 
 

Notices of Amendments: 4 December 2015                  

8

 

Housing and Planning Bill, continued

 
 

purchase order, the inspector’s decision”

 

Member’s explanatory statement

 

This amendment would mean that an inspector’s decision whether or not to confirm the whole or

 

part of a compulsory purchase order would be treated as a decision of the confirming authority.

 

The current wording would mean that only a decision to confirm a compulsory purchase order

 

would be treated as the authority’s decision.

 

Dr Roberta Blackman-Woods

 

John Healey

 

Teresa Pearce

 

Matthew Pennycook

 

280

 

Parliamentary Star - white    

Clause  119,  page  57,  line  24,  at end insert—

 

“(d)    

submitted to the acquiring authority”

 

Member’s explanatory statement

 

This amendment would include local authorities in the compulsory purchase order decision.

 


 

Brandon Lewis

 

259

 

Clause  120,  page  57,  line  36,  leave out “made” and insert “executed”

 

Member’s explanatory statement

 

This amendment, together with amendments 260, 261, 272, 273, 274, 275, 276 and 277, amends

 

references to a general vesting declaration so that they are consistent with the terminology of

 

section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 (although “make” and

 

“execute” mean the same thing).

 


 

Brandon Lewis

 

272

 

Schedule  7,  page  91,  line  12,  leave out “made” and insert “executed”

 

Member’s explanatory statement

 

See Member’s statement for amendment 259.

 

Brandon Lewis

 

273

 

Schedule  7,  page  91,  line  26,  leave out “made” and insert “executed”

 

Member’s explanatory statement

 

See Member’s statement for amendment 259.

 



 
 

Notices of Amendments: 4 December 2015                  

9

 

Housing and Planning Bill, continued

 
 

Dr Roberta Blackman-Woods

 

John Healey

 

Teresa Pearce

 

Matthew Pennycook

 

Helen Hayes

 

237

 

Clause  126,  page  61,  line  2,  at end insert—

 

(4)    

Where the land of a private landowner is compulsory purchased under section 10

 

of New Towns Act 1981 then the Secretary of State may, by order, set out the

 

formula for determining fair compensation to landowners.

 

Member’s explanatory statement

 

This amendment would create an explicit power for the Secretary of State to define how

 

compensation is to be calculated through secondary legislation to enable swift action to be taken

 

when there is a settled view as to the fair balance between private and public sector interests.

 


 

Brandon Lewis

 

260

 

Clause  131,  page  63,  line  4,  leave out “made a” and insert “executed a general”

 

Member’s explanatory statement

 

See Member’s statement for amendment 259.

 

Brandon Lewis

 

261

 

Clause  131,  page  63,  line  21,  leave out “make a” and insert “execute a general”

 

Member’s explanatory statement

 

See Member’s statement for amendment 259.

 


 

Brandon Lewis

 

274

 

Schedule  9,  page  94,  line  5,  leave out “made” and insert “executed”

 

Member’s explanatory statement

 

See Member’s statement for amendment 259.

 

Brandon Lewis

 

275

 

Schedule  9,  page  95,  line  36,  leave out “made” and insert “executed”

 

Member’s explanatory statement

 

See Member’s statement for amendment 259.

 


 

Brandon Lewis

 

276

 

Schedule  10,  page  103,  line  9,  leave out “made” and insert “executed”

 

Member’s explanatory statement

 

See Member’s statement for amendment 259.


 
 

Notices of Amendments: 4 December 2015                  

10

 

Housing and Planning Bill, continued

 
 

Brandon Lewis

 

277

 

Schedule  10,  page  103,  line  22,  leave out “made” and insert “executed”

 

Member’s explanatory statement

 

See Member’s statement for amendment 259.

 


 

Brandon Lewis

 

262

 

Clause  137,  page  66,  line  39,  after “authority” insert “, or

 

(ii)    

been appropriated by a local authority for planning purposes as

 

defined by section 246(1) of the Town and Country Planning Act

 

1990”

 

Member’s explanatory statement

 

This amendment, together with amendment 264, would mean that the power to override easements

 

and other rights in clause 137 applied to land which a local authority already held prior to the

 

coming into force of clause 137 but only appropriated for planning purposes after the coming into

 

force of that clause.

 

Brandon Lewis

 

263

 

Clause  137,  page  66,  line  41,  at end insert—

 

“( )    

Subsection (1) also applies to building or maintenance work where—

 

(a)    

there is planning consent for the building or maintenance work,

 

(b)    

the work is carried out on other qualifying land, and

 

(c)    

a specified authority could acquire the land compulsorily for the purposes

 

of the building or maintenance work.”

 

Member’s explanatory statement

 

Schedule 11 removes a number of existing powers to override easements. This amendment,

 

together with amendments 266, 267, 268, 269 and 271, would mean that the new power in clause

 

137 could be exercised instead of the powers removed by Schedule 11.

 

Brandon Lewis

 

264

 

Clause  137,  page  67,  line  6,  after “authority” insert “, or

 

(ii)    

been appropriated by a local authority for planning purposes as

 

defined by section 246(1) of the Town and Country Planning Act

 

1990”

 

Member’s explanatory statement

 

See member’s explanatory statement for amendment 262.

 

Brandon Lewis

 

265

 

Clause  137,  page  67,  line  8,  after “building” insert “, or carrying out any works,”

 

Member’s explanatory statement

 

Clause 137(4)(c) limits the power in clause 137(3) to use land despite existing easements or

 

restrictions so that it may be exercised only when a specified authority could acquire land

 

compulsorily for the purpose of erecting or constructing any building for the use in question. This

 

amendment would adjust the restriction in clause 137(4)(c) so that it is not limited to erecting or

 

constructing a building but includes carrying out any works.


 
 

Notices of Amendments: 4 December 2015                  

11

 

Housing and Planning Bill, continued

 
 

Brandon Lewis

 

266

 

Clause  137,  page  67,  line  8,  at end insert—

 

“( )    

Subsection (3) also applies to the use of land in a case where—

 

(a)    

there is planning consent for that use of the land,

 

(b)    

the land is other qualifying land, and

 

(c)    

a specified authority could acquire the land compulsorily for the purposes

 

of erecting or constructing any building, or carrying out any works, for

 

that use.”

 

Member’s explanatory statement

 

See Member’s explanatory statement for amendment 263.

 

Brandon Lewis

 

267

 

Clause  137,  page  67,  line  15,  leave out “In this section” and insert “In sections 137

 

and 138”

 

Member’s explanatory statement

 

The changes that would be introduced by amendments 263, 266, 269 and 271 would add

 

considerably to the length of clause 137. This amendment, together with the motion after

 

amendment 270, would prevent clause 137 becoming too long by removing the interpretation

 

subsection from that clause and putting it into its own clause.

 

Brandon Lewis

 

268

 

Clause  137,  page  67,  leave out lines 18 and 19

 

Member’s explanatory statement

 

Amendments 262, 264 and 269 would introduce references to a local authority’s planning

 

purposes as defined by section 246(1) of the Town and Country Planning Act 1990. The list of

 

authorities that are local authorities for those purposes is different from the list that are local

 

authorities for the purposes of the definition of “specified authority” in clause 137. This

 

amendment and amendment 270 therefore remove the general definition of “local authority” and

 

define the term “local authority” only in relation to the term “specified authority”.

 

Brandon Lewis

 

269

 

Clause  137,  page  67,  line  19,  at end insert—

 

““other qualifying land” means land in England and Wales that has at any

 

time before the day on which this section comes into force been—

 

(a)    

acquired by the National Assembly for Wales or the Welsh

 

Ministers under section 21A of the Welsh Development Agency

 

Act 1975;

 

(b)    

vested in or acquired by an urban development corporation or a

 

local highway authority for the purposes of Part 16 of the Local

 

Government, Planning and Land Act 1980;

 

(c)    

acquired by a development corporation or a local highway

 

authority for the purposes of the New Towns Act 1981;

 

(d)    

vested in or acquired by a housing action trust for the purposes

 

of Part 3 of the Housing Act 1988;

 

(e)    

acquired or appropriated by a local authority for planning

 

purposes as defined by section 246(1) of the Town and Country

 

Planning Act 1990;


 
 

Notices of Amendments: 4 December 2015                  

12

 

Housing and Planning Bill, continued

 
 

(f)    

vested in or acquired by the Homes and Communities Agency,

 

apart from land the freehold interest in which was disposed of by

 

the Agency before 12 April 2015;

 

(g)    

vested in or acquired by the Greater London Authority for the

 

purposes of housing or regeneration, apart from land the freehold

 

interest in which was disposed of before 12 April 2015—

 

(i)    

by the Authority, other than to a company or body

 

through which it exercises functions in relation to

 

housing or regeneration, or

 

(ii)    

by such a company or body;

 

(h)    

vested in or acquired by a Mayoral development corporation

 

(established under section 198(2) of the Localism Act 2011),

 

apart from land the freehold interest in which was disposed of by

 

the corporation before 12 April 2015.”

 

Member’s explanatory statement

 

See Member’s explanatory statement for amendment 263.

 

Brandon Lewis

 

270

 

Clause  137,  page  67,  line  38,  after “authority” insert “as defined by section 7 of the

 

Acquisition of Land Act 1981”

 

Member’s explanatory statement

 

See Member’s explanatory statement for amendment 268.

 

Brandon Lewis

 

 

To move, That Clause No. 137 be divided into two clauses, the first (Power to

 

override easements and other rights) consisting of subsections (1) to (6) and the

 

second (Interpretation of sections 137 and 138) to consist of subsections (7) and

 

(8).

 

Member’s explanatory statement

 

See Member’s explanatory statement for amendment 267.

 


 

Brandon Lewis

 

271

 

Clause  138,  page  68,  line  14,  leave out subsection (5)

 

Member’s explanatory statement

 

See Member’s explanatory statement for amendment 263.

 


 

Brandon Lewis

 

278

 

Schedule  11,  page  107,  line  5,  at end insert—

 

“Welsh Development Agency Act 1975 (c. 70)

 

A1  (1)  

Schedule 4 to the Welsh Development Agency Act 1975 is amended as

 

follows.


 
 

Notices of Amendments: 4 December 2015                  

13

 

Housing and Planning Bill, continued

 
 

      (2)  

Omit paragraph 6 and the italic heading before it.

 

      (3)  

In paragraph 9 omit sub-paragraph (a).”

 

Member’s explanatory statement

 

This amendment would repeal paragraph 6 of Schedule 4 to the Welsh Development Agency Act

 

1975. The provision to be repealed is a power to override easements in certain circumstances. The

 

power would in future be exercisable under clause 137, as amended by amendment 269.

 


 

Brandon Lewis

 

279

 

Parliamentary Star - white    

Clause  144,  page  69,  line  23,  at end insert—

 

“( )    

sections 62 to 72;”

 

Member’s explanatory statement

 

This amendment provides for Chapter 2 of Part 4 (vacant high value social housing) to come into

 

force on Royal Assent.

 


 

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—

 

(a)    

the banned activities,

 

(b)    

the length of a ban, or

 

(c)    

existing exceptions to a ban.


 
 

Notices of Amendments: 4 December 2015                  

14

 

Housing and Planning Bill, continued

 
 

(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.

 



 
PreviousBack to StartNext
 

© Parliamentary copyright
Revised 04 December 2015