Session 2015-16
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Other Bills before Parliament


 
 

Public Bill Committee: 26 November 2015                  

8

 

Housing and Planning Bill, continued

 
 

      (3)  

After subsection (2) insert—

 

“(3)    

Any power of the Welsh Ministers to make regulations under this Part

 

shall be exercisable by statutory instrument which (except in the case

 

of regulations making only such provision as is mentioned in section

 

99(6)) shall be subject to annulment in pursuance of a resolution of the

 

National Assembly for Wales.””

 

Member’s explanatory statement

 

See Member’s explanatory statement for amendment 129.

 

Brandon Lewis

 

132

 

Schedule  5,  page  84,  line  9,  leave out “Secretary of State” and insert “appropriate

 

national authority”

 

Member’s explanatory statement

 

See member’s explanatory statement for amendment 129.

 

Brandon Lewis

 

133

 

Schedule  5,  page  84,  line  16,  at end insert—

 

    “( )  

After sub-paragraph (10) insert—

 

  “(11)  

In sub-paragraph (2) “appropriate national authority” means—

 

(a)    

in relation to a leasehold interest of land in England, the

 

Secretary of State;

 

(b)    

in relation to a leasehold interest of land in Wales, the

 

Welsh Ministers.””

 

Member’s explanatory statement

 

See Member’s explanatory statement for amendment 129.

 

Brandon Lewis

 

134

 

Schedule  5,  page  84,  line  29,  leave out “Secretary of State” and insert “appropriate

 

national authority”

 

Member’s explanatory statement

 

See Member’s explanatory statement for amendment 129.

 

Brandon Lewis

 

135

 

Schedule  5,  page  84,  line  31,  at end insert—

 

    “( )  

After sub-paragraph (9) insert—

 

  “(10)  

In sub-paragraph (2) “appropriate national authority” means—

 

(a)    

in relation to a leasehold interest of land in England, the

 

Secretary of State;

 

(b)    

in relation to a leasehold interest of land in Wales, the

 

Welsh Ministers.””

 

Member’s explanatory statement

 

See Member’s explanatory statement for amendment 129.

 



 
 

Public Bill Committee: 26 November 2015                  

9

 

Housing and Planning Bill, continued

 
 

Gareth Thomas

 

89

 

Clause  56,  page  24,  line  8,  at end insert “except in respect of high value sheltered

 

housing which has been provided or adapted for the use of elderly or disabled people.”

 


 

Gareth Thomas

 

92

 

Clause  58,  page  24,  line  32,  at end insert—

 

“(7)    

The Regulator in monitoring compliance must report where a community led

 

housing provider as defined at Schedule [New Schedule 1: community-led

 

housing schemes] or a tenant management organisation as defined by [New

 

Clause: Tenant Management Organisations] has in breach of this Act used grants

 

made by the Secretary of State to facilitate or meet a discount in respect of a right

 

to buy discount.”

 


 

Gareth Thomas

 

95

 

Page  26,  line  4,  leave out Clause 62

 

Member’s explanatory statement

 

This amendment would ensure that local authorities could retain 100% of the capital receipt from

 

the sale of any local authority housing under the Act to reinvest in new housing.

 


 

Gareth Thomas

 

90

 

Clause  63,  page  26,  line  27,  at end insert—

 

“(1A)    

This section does not apply to sheltered housing which has been provided or

 

adapted for the use of elderly or disabled people, irrespective of whether it is

 

vacant or may become vacant.”

 

Gareth Thomas

 

96

 

Clause  63,  page  26,  line  31,  at end insert—

 

“(c)    

it is not a Tenant Management Organisation as defined for the purpose of

 

section 27AB(8) of the Housing Act 1985, currently by the Housing

 

(Right to Manage) Regulations 1994 (Statutory Instrument 627, 1994).”

 

Member’s explanatory statement

 

This amendment would ensure that properties run by tenant management organisations were not

 

included in any assessment of the payment due to the Secretary of State under Clause 62.

 



 
 

Public Bill Committee: 26 November 2015                  

10

 

Housing and Planning Bill, continued

 
 

Zac Goldsmith

 

Boris Johnson

 

Mr Nick Hurd

 

Stephen Hammond

 

Mr David Burrowes

 

Dr Tania Mathias

 

James Berry

 

Bob Stewart

 

Paul Scully

 

Mark Field

 

Andrew Rosindell

 

Victoria Borwick

 

Robert Neill

 

Dame Angela Watkinson

 

Bob Blackman

 

Mark Prisk

 

1

 

Clause  67,  page  28,  line  7,  at end insert—

 

“(2A)    

In the case of a proposal for an agreement under subsection (1) between the

 

Secretary of State and a local housing authority which is within Greater London

 

as defined by section 2 of the London Government Act 1963 the Secretary of

 

State shall—

 

(a)    

have particular regard to the extent to which the agreement will

 

contribute to the target set under section [New Clause 1; Target for new

 

affordable housing provision in Greater London], and

 

(b)    

consult the Mayor of London,”

 

Member’s explanatory statement

 

This amendment and New Clause 1 would require the Secretary of State and housing authorities

 

in London entering an agreement which would reduce the amount due to be paid under section 62

 

to have regard to the duty to achieve the provision of at least two new units of affordable housing

 

for the disposal of each unit of high value in London.

 


 

Gareth Thomas

 

91

 

Clause  69,  page  28,  line  25,  at end insert—

 

“(3A)    

The duty in subsection (1) does not apply to sheltered housing which has been

 

provided or adapted for the use of elderly or disabled people.”

 

Gareth Thomas

 

98

 

Clause  69,  page  28,  leave out line 27 and insert—

 

“(a)    

not dispose of more than 10% of all council homes in its area;

 

(b)    

have regard to whether its housing register is increasing in size; and

 

(c)    

have regard to any guidance given by the Secretary of State.”

 

Member’s explanatory statement

 

This amendment would even out the impact of the requirement to sell off high cost council housing

 

to ensure the impact on homelessness of sales was properly thought through.


 
 

Public Bill Committee: 26 November 2015                  

11

 

Housing and Planning Bill, continued

 
 

Gareth Thomas

 

97

 

Page  28,  line  17,  leave out Clause 69

 

Member’s explanatory statement

 

This amendment would remove the proposed duty on local housing authorities to consider selling

 

vacant high value council housing.

 


 

Gareth Thomas

 

99

 

Page  29,  line  34,  leave out Clause 73

 

Member’s explanatory statement

 

This amendment would remove the Secretary of State’s proposed power to reduce regulatory

 

control over private registered providers of social housing by means of regulations rather than by

 

new, primary legislation.

 


 

Gareth Thomas

 

100

 

Page  32,  line  14,  leave out Clause 79

 

Member’s explanatory statement

 

This amendment would ensure that local authorities could retain any increased incomes arising

 

from “Pay to Stay”.

 


 

Gareth Thomas

 

93

 

Clause  92,  page  38,  line  24,  at end insert—

 

“(14)    

The Secretary of State may by regulations require local planning authorities to

 

designate land for use by housing co-operatives”

 


 

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.


 
 

Public Bill Committee: 26 November 2015                  

12

 

Housing and Planning Bill, continued

 
 

(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.

 

(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.


 
 

Public Bill Committee: 26 November 2015                  

13

 

Housing and Planning Bill, continued

 
 

(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.

 


 

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—


 
 

Public Bill Committee: 26 November 2015                  

14

 

Housing and Planning Bill, continued

 
 

(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.”

 

 

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


 
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Revised 26 November 2015