Session 2015-16
Internet Publications
Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Wednesday 6 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

 

Amendments tabled since the last publication: NC59-NC62 and 111-130

 

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withdrawn amendments at the end.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: 6 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: 6 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

 

112

 

Parliamentary Star    

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.

 

(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—


 
 

Notices of Amendments: 6 January 2016                  

4

 

Housing and Planning Bill, continued

 
 

“(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.

 


 

Secretary Greg Clark

 

130

 

Parliamentary Star    

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.

 

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: 6 January 2016                  

5

 

Housing and Planning Bill, continued

 
 

Secretary Greg Clark

 

NC59

 

Parliamentary Star    

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

 

Parliamentary Star    

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.

 


 

Secretary Greg Clark

 

NC61

 

Parliamentary Star    

To move the following Clause—

 

         

“HMRC information for private registered providers

 

(1)    

HMRC may disclose information for the purpose of enabling a private registered

 

provider of social housing to apply any relevant policy about levels of rent for

 

high income social tenants in England.

 

(2)    

The information may only be disclosed to—

 

(a)    

the private registered provider of social housing,


 
 

Notices of Amendments: 6 January 2016                  

6

 

Housing and Planning Bill, continued

 
 

(b)    

the Secretary of State for the purposes of passing the information to

 

registered providers,

 

(c)    

a public body that has been given the function of passing information

 

between HMRC and registered providers by regulations under subsection

 

(3), or

 

(d)    

a body with which the Secretary of State has made arrangements for the

 

passing of information between HMRC and registered providers.

 

(3)    

The Secretary of State may by regulations—

 

(a)    

give a public body the function mentioned in subsection (2)(c), and

 

(b)    

make provision about the carrying out of that function.

 

(4)    

The Secretary of State must obtain HMRC’s consent before making—

 

(a)    

arrangements under subsection (2)(d), or

 

(b)    

regulations under subsection (3).

 

(5)    

Information disclosed under this section to the Secretary of State or to a body

 

mentioned in subsection (2)(c) or (d) may be passed on to a registered provider

 

for which it is intended.

 

(6)    

Information disclosed under this section may not otherwise be further disclosed

 

without authorisation from HMRC.

 

(7)    

Where a person contravenes subsection (6) by disclosing any revenue and

 

customs information relating to a person whose identity—

 

(a)    

is specified in the disclosure, or

 

(b)    

can be deduced from it,

 

    

section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful

 

disclosure) applies in relation to that disclosure as it applies in relation to a

 

disclosure of such information in contravention of section 20(9) of that Act.

 

(8)    

In this section—

 

“HMRC” means the Commissioners for Her Majesty’s Revenue and

 

Customs;

 

“relevant”, in relation to a private registered provider’s policy about levels

 

of rent for high income social tenants in England, means a policy that—

 

“(a)    

has been published as required by section (Private providers:

 

policies for high income social tenants), and

 

(b)    

complies with any requirements imposed under subsection (2) of

 

that section;

 

“revenue and customs information relating to a person” has the meaning

 

given by section 19(2) of the Commissioners for Revenue and Customs

 

Act 2005;

 

“tenant” includes prospective tenant.”

 

Member’s explanatory statement

 

See Member’s explanatory statement for amendment 113.

 



 
 

Notices of Amendments: 6 January 2016                  

7

 

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.

 

 


 

Secretary Greg Clark

 

113

 

Parliamentary Star    

Clause  79,  page  33,  line  14,  leave out “a registered provider of social housing” and

 

insert “an English local housing authority”

 

Member’s explanatory statement

 

This is the first of a number of amendments that restrict Chapter 4 of Part 4 of the Bill (high income

 

social tenants: mandatory rents) to local authorities. Private registered providers will not be

 

required to charge high income social tenants specific rents but NC60 and NC61 are intended to

 

facilitate them doing so on a voluntary basis.


 
Back to StartNext
 

Revised 06 January 2016