Session 2015-16
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1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Tuesday 5 January 2016

 

New Amendments handed in are marked thus Parliamentary Star

 

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

 

Consideration of Bill (Report Stage)


 

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withdrawn amendments at the end.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

 

56

 

Page  29,  line  11,   leave out Chapter 2

 

Member’s explanatory statement

 

The amendment would leave out this chapter so as to prevent vacant high value housing from being

 

compulsory sold.

 



 
 

Notices of Amendments: 5 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.”

 

Member’s explanatory statement

 

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


 
 

Notices of Amendments: 5 January 2016                  

3

 

Housing and Planning Bill, continued

 
 

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

 

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.

 


 

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.

 

Secretary Greg Clark

 

11

 

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

 

Member’s explanatory statement

 

This is consequential on amendment 9.

 



 
 

Notices of Amendments: 5 January 2016                  

4

 

Housing and Planning Bill, continued

 
 

Caroline Lucas

 

NC39

 

To move the following Clause—

 

         

“Living Rent Commission

 

(1)    

The Secretary of State shall appoint a body, to be known as “the Living Rent

 

Commission”, to discharge the functions conferred under this section.

 

(2)    

The Secretary of State shall refer to the Living Rent Commission to determine a

 

definition of “affordability”, based on which it shall make recommendations on

 

rent levels for all housing provided by local authorities and private registered

 

providers in England, at a level of locality considered appropriate and practicable

 

by the Commission.

 

(3)    

Before arriving at the recommendations to be included in the report produced

 

under subsection (4), the Living Rent Commission shall consult—

 

(a)    

such organisations representative of providers of affordable housing as

 

they think fit;

 

(b)    

such organisations representative of affordable housing occupants as

 

they think fit; and

 

(c)    

if they think fit, any other body or person.

 

(4)    

The Living Rent Commission shall, after considering the matter referred to it

 

under subsection (2), make a report to the Prime Minister and the Secretary of

 

State which shall contain the Commission’s recommendations regarding

 

affordable rents.

 

(5)    

The Secretary of State may by regulations implement the Commission’s

 

recommendations on affordable rents for private registered providers and local

 

authority provided housing.

 

(6)    

If, following the report of the Living Rent Commission under subsection (4)

 

above, the Secretary of State decides—

 

(a)    

not to make any regulations implementing the Commission’s

 

recommendation, or

 

(b)    

to make regulations which do not relate to a recommendation of the

 

Commission,

 

    

the Secretary of State shall lay a report before each House of Parliament

 

containing a statement of the reasons for the decision.

 

(7)    

The definitions determined and recommendations made under subsection (2)

 

shall be reviewed annually by the Living Rent Commission.”

 

Member’s explanatory statement

 

This new clause would set up a Living Rent Commission to define and determine affordable rents.

 

 



 
 

Notices of Amendments: 5 January 2016                  

5

 

Housing and Planning Bill, continued

 
 

Mr Gary Streeter

 

3

 

Clause  79,  page  33,  line  15,  at end insert—

 

“(1A)    

The Secretary of State must not make regulations under subsection (1) which

 

apply to tenants in affordable rent to buy properties.”

 

Member’s explanatory statement

 

This amendment would exclude tenants in affordable rent to buy properties from the application

 

of mandatory rent requirements for high income social tenants.

 


 

John Healey

 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

Helen Hayes

 

Matthew Pennycook

 

95

 

Clause  79,  page  33,  line  15,  at end insert—

 

“(1A)    

Any regulations made by the Secretary of State under this section will not

 

apply—

 

(a)    

to people aged over 65;

 

(b)    

to people who have a registered disability;

 

(c)    

to people on zero hours contracts;

 

(d)    

to people with seasonal contracts of employment;

 

(e)    

to households where one or more members is in receipt of ESA;

 

(f)    

where a household member is in receipt of care

 

(g)    

where a member of the household is a carer for another household

 

member;

 

(h)    

to those living in supported housing; and

 

(i)    

to households in receipt of housing benefit.”

 

Member’s explanatory statement

 

The amendment would establish exemptions from the application of high income rents system.

 

John Healey

 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

Helen Hayes

 

Matthew Pennycook

 

57

 

Clause  79,  page  33,  line  19,  at end insert—

 

“(d)    

to be increased on a tapered system relating to income and level of rent

 

charged.”

 

Member’s explanatory statement

 

The amendment would introduce a taper scheme into the application of high income rents to

 

prevent huge jumps in the rent level being charged with only modest increases in income.


 
 

Notices of Amendments: 5 January 2016                  

6

 

Housing and Planning Bill, continued

 
 

John Healey

 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

Helen Hayes

 

Matthew Pennycook

 

58

 

Clause  79,  page  33,  line  19,  at end insert—

 

“(d)    

to take into account the need to promote socially cohesive and mixed

 

communities.”

 

Member’s explanatory statement

 

The amendment would enable local authorities and social housing providers to take into account

 

the need to promote and encourage a degree of diversity in their communities.

 

John Healey

 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

Helen Hayes

 

Matthew Pennycook

 

59

 

Clause  79,  page  33,  line  19,  at end insert—

 

“(d)    

take into account local affordability.”

 

Member’s explanatory statement

 

The amendment would establish that rent levels should reflect local affordability.

 

John Healey

 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

60

 

Clause  79,  page  33,  line  22,  at end insert—

 

“(3A)    

The Secretary of State must make regulations to provide for the external valuation

 

of high income rents.”

 

Member’s explanatory statement

 

The amendment would establish that the application of a higher income rent should be subject to

 

external valuation.

 

John Healey

 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

Helen Hayes

 

Matthew Pennycook

 

96

 

Clause  79,  page  33,  line  22,  at end insert—

 

“(3A)    

Any regulations made by the Secretary of State under this section must include

 

provisions for—

 

(a)    

a notice period of one year before the new rent becomes payable; and

 

(b)    

transitional protection and arrangements as the tenant moves to the

 

higher rent.”

 

Member’s explanatory statement

 

The amendment would make it appropriate for tenants deemed to have a high income to be given

 

time and a degree of transitional protection to enable them to relocate to another property or

 

increase their income further


 
 

Notices of Amendments: 5 January 2016                  

7

 

Housing and Planning Bill, continued

 
 

John Healey

 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

61

 

Clause  79,  page  33,  line  27,  at end insert—

 

“(6)    

All provisions in this section shall only apply—

 

(a)    

for new tenancies commenced after 30 April 2017; and

 

(b)    

where the tenant has been provided with a new tenancy agreement.”

 

Member’s explanatory statement

 

The amendment would establish that the high income rent regime would only apply to new tenants

 

from April 2017 and where they have been given a new tenancy agreement.

 


 

John Healey

 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

97

 

Clause  80,  page  33,  line  30,  at beginning insert “Subject to subsection (1A)”

 

Member’s explanatory statement

 

See amendment 98.

 

John Healey

 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

Helen Hayes

 

Matthew Pennycook

 

98

 

Clause  80,  page  33,  line  32,  at end insert—

 

“(1A)    

High income” must be set with reference to average incomes in the area with high

 

incomes being defined by income falling in the top quartile of incomes in the

 

area.”

 

Member’s explanatory statement

 

The amendment would establish that high incomes will reflect the top quartile of income levels.

 

John Healey

 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

62

 

Clause  80,  page  33,  line  32,  at end insert—

 

“(1A)    

For the purposes of this Chapter high income cannot be set at a level lower than

 

median income.”

 

Member’s explanatory statement

 

The amendment would establish that the high income level cannot be set a level lower than

 

average/median salaries.

 



 
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Revised 06 January 2016