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1

 

House of Commons

 
 

Tuesday 12 January 2016

 

Consideration of Bill (Report Stage)

 

New Amendments handed in are marked thus Parliamentary Star

 

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

 

Amendments tabled since the last publication: 155-156, NC64

 

Housing and Planning Bill, As Amended


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in

 

accordance with the Housing and Planning Bill (Programme (No. 2)) Motion to be

 

proposed by Secretary Greg Clark.

 


 

New clauses, new schedules and amendments relating to the following:

 

(a) Chapter 2 of Part 4; (b) Chapter 4 of part 4; (c) chapter 5 of part 4; (d)

 

chapter 1 of part 4

 


 

John Healey

 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

131

 

Page  29,  line  14,  leave out Clause 67

 

Member’s explanatory statement

 

This amendment, together with other amendments leaving out all the clauses in this chapter, would

 

prevent vacant high value housing from being compulsory sold.


 
 

Consideration of Bill (Report Stage): 12 January 2016      

2

 

Housing and Planning Bill, continued

 
 

John Healey

 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

92

 

Clause  67,  page  29,  line  21,  at end insert “that shall include—

 

(i)    

the repayment of capital debt on any high value properties sold

 

(ii)    

the cost of replacing any high value properties sold on a one for

 

one basis within the same local authority.”

 

Member’s explanatory statement

 

The amendment would ensure the replacement of property locally and it would also ensure

 

appropriate deductions are included in legislation.

 

John Healey

 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

51

 

Clause  67,  page  29,  line  21,  at end insert—

 

“(2A)    

The total payment required from all affected local authorities in any financial year

 

shall not exceed the total grant paid in that year to private registered providers in

 

respect of right to buy discounts.”

 

Member’s explanatory statement

 

The amendment would avoid powers being used a general means of taxing councils and tenants

 

for the benefit of the Exchequer.

 

John Healey

 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

93

 

Clause  67,  page  29,  line  32,  leave out from “regulations” to “for” and insert

 

“require a local housing authority in England to define “high value” in its area”

 

Member’s explanatory statement

 

The amendment would enable local housing authorities to define high value property in line with

 

local housing market conditions.

 

John Healey

 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

94

 

Clause  67,  page  29,  line  33,  at end insert “that will not apply to more than 10% of

 

the total authority properties in the local housing authority area”

 

Member’s explanatory statement

 

The amendment would safeguard a proportion of local authority housing stock in high value areas.

 

John Healey

 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

53

 

Clause  67,  page  29,  line  35,  at end insert—

 

“(10)    

Regulations under subsection (8) may not define a dwelling as “high value” if its

 

sale value is less than the cost of rebuilding it and providing a replacement

 

dwelling with the same number of bedrooms in the same local authority area.”


 
 

Consideration of Bill (Report Stage): 12 January 2016      

3

 

Housing and Planning Bill, continued

 
 

Member’s explanatory statement

 

The amendment would ensure that the cost of replacement dwellings is not specified as one of the

 

costs and deductions to be made as required by sub-section 67(2) and would allow for one-for-one

 

local replacement.

 


 

John Healey

 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

132

 

Page  29,  line  36,  leave out Clause 68

 

Member’s explanatory statement

 

See explanatory statement for amendment 131.

 

John Healey

 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

55

 

Clause  68,  page  30,  line  11,  at end insert—

 

“(5)    

Regulations under subsection (2)(b) shall specify that housing shall be excluded

 

where it forms part of a housing regeneration scheme or consists of specialist

 

housing or recently improved housing.

 

(6)    

In this section—

 

“housing regeneration scheme” means a programme of regeneration or

 

development of an area which includes the provision or improvement of

 

housing and for which finance may be available under section 126 of the

 

Housing Grants, Construction and Regeneration Act 1996;

 

“specialist housing” means any housing designed for or intended for

 

occupation by older persons or persons needing care or support or

 

persons with mental health problems or learning disabilities, or which

 

has features which are designed to make it suitable for occupation by a

 

physically disabled person, or which it is the practice of the landlord to

 

let for occupation by persons with special needs;

 

“recently improved housing” means housing where there has been

 

substantial works of repair or improvement carried out on the relevant

 

dwelling or group of dwellings within the previous two years.”

 

Member’s explanatory statement

 

The amendment would exclude certain types of property from inclusion in the high value homes

 

determination.

 



 
 

Consideration of Bill (Report Stage): 12 January 2016      

4

 

Housing and Planning Bill, continued

 
 

John Healey

 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

133

 

Page  30,  line  12,  leave out Clause 69

 

Member’s explanatory statement

 

See explanatory statement for amendment 131.

 


 

John Healey

 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

134

 

Page  30,  line  28,  leave out Clause 70

 

Member’s explanatory statement

 

See explanatory statement for amendment 131.

 


 

John Healey

 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

135

 

Page  31,  line  2,  leave out Clause 71

 

Member’s explanatory statement

 

See explanatory statement for amendment 131.

 


 

John Healey

 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

136

 

Page  31,  line  12,  leave out Clause 72

 

Member’s explanatory statement

 

See explanatory statement for amendment 131.

 

Secretary Greg Clark

 

112

 

Clause  72,  page  31,  line  19,  at end insert—

 

“(4)    

Where the agreement is with a local housing authority in Greater London, it must

 

require the authority to ensure that at least two new affordable homes are

 

provided for each old dwelling.

 

(5)    

But if the Greater London Authority has agreed to ensure that a number of the

 

new affordable homes are provided, that number is to be deducted from the

 

number for which the local housing authority must be made responsible under

 

subsection (4).

 

(6)    

The Secretary of State may by regulations create other exceptions to subsection

 

(4) in relation to one or more local housing authorities.


 
 

Consideration of Bill (Report Stage): 12 January 2016      

5

 

Housing and Planning Bill, continued

 
 

(7)    

In this section—

 

“new affordable home” means a new dwelling in England that—

 

“(a)    

is to be made available for people whose needs are not

 

adequately served by the commercial housing market, or

 

(b)    

is a starter home as defined by section 2;

 

“new dwelling” means a building or part of a building that—

 

“(a)    

has been constructed for use as a single dwelling and has not

 

previously been occupied, or

 

(b)    

has been adapted for use as a single dwelling and has not been

 

occupied since its adaptation;

 

“old dwelling” means a single dwelling taken into account under section

 

67(2) for the purposes of the determination.

 

(8)    

If a determination under this Chapter relates to more than one financial year—

 

(a)    

an agreement under this section may be made in relation to the

 

determination so far as it relates to a particular financial year, and

 

(b)    

if such an agreement is made with a local housing authority in Greater

 

London, the reference in subsection (7) to the determination is to the

 

determination so far as it relates to the financial year to which the

 

agreement relates.

 

(9)    

The Secretary of State may by regulations amend this section so as to change the

 

meaning of “new affordable home”.”

 

Member’s explanatory statement

 

Where a local housing authority is required to make a payment to the Secretary of State in respect

 

of its vacant high value housing, Clause 72 allows an agreement to be made to reduce the amount.

 

This amendment is about the terms and conditions that must be included in an agreement.

 


 

John Healey

 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

137

 

Page  31,  line  20,  leave out Clause 73

 

Member’s explanatory statement

 

See explanatory statement for amendment 131.

 


 

John Healey

 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

138

 

Page  31,  line  28,  leave out Clause 74

 

Member’s explanatory statement

 

See explanatory statement for amendment 131.

 



 
 

Consideration of Bill (Report Stage): 12 January 2016      

6

 

Housing and Planning Bill, continued

 
 

John Healey

 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

139

 

Page  32,  line  2,  leave out Clause 75

 

Member’s explanatory statement

 

See explanatory statement for amendment 131.

 


 

John Healey

 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

140

 

Page  32,  line  16,  leave out Clause 76

 

Member’s explanatory statement

 

See explanatory statement for amendment 131.

 


 

John Healey

 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

141

 

Page  32,  line  28,  leave out Clause 77

 

Member’s explanatory statement

 

See explanatory statement for amendment 131.

 


 

Secretary Greg Clark

 

130

 

Clause  153,  page  76,  line  21,  at end insert—

 

“( )    

regulations under section 72(9);”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 112 and ensures that regulations amending the

 

definition of affordable home are subject to the affirmative procedure.

 


 

Secretary Greg Clark

 

9

 

Clause  155,  page  77,  line  11,  at end insert—

 

“( )    

Chapter 2 of Part 4;”

 

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.


 
 

Consideration of Bill (Report Stage): 12 January 2016      

7

 

Housing and Planning Bill, continued

 
 

Secretary Greg Clark

 

11

 

Clause  155,  page  77,  line  17,  leave out paragraph (a)

 

Member’s explanatory statement

 

This is consequential on amendment 9.

 


 

Secretary Greg Clark

 

NC59

 

To move the following Clause—

 

         

“Reverting to original rent levels

 

(1)    

Rent regulations may include provision for the purpose of ensuring that where a

 

requirement imposed under section 79(1) ceases to apply, the rent is changed to

 

what it would have been if the requirement had never applied.

 

(2)    

Rent regulations may include provision for the purpose of ensuring that where—

 

(a)    

a local housing authority is required by section 81(2) to charge the

 

maximum rent because of a tenant’s failure to provide information or

 

evidence, and

 

(b)    

the tenant subsequently provides the necessary information or evidence,

 

    

the rent is changed to what it would have been if section 81(2) had never applied.”

 

Member’s explanatory statement

 

This relates to Chapter 4 of Part 4. It is primarily intended to ensure that where a person ceases

 

to be a high income tenant, his or her rent returns to normal levels for social tenants. It also deals

 

with circumstances where a person has failed to provide information or evidence but subsequently

 

does so.

 


 

Secretary Greg Clark

 

NC60

 

To move the following Clause—

 

         

“Private providers: policies for high income social tenants

 

(1)    

A private registered provider of social housing that has a policy about levels of

 

rent for high income social tenants in England must publish that policy.

 

(2)    

The policy must include provision for requesting reviews of, or appealing,

 

decisions under the policy.”

 

Member’s explanatory statement

 

See Member’s explanatory statement for amendment 113. Where a private registered provider

 

decides to adopt a policy of charging higher levels of rent to high income social tenants this new

 

clause requires the policy to be published and to contain provision about the procedure and

 

disputes.

 



 
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Revised 12 January 2016