LORDS AMENDMENTS TO THE

HOUSING AND PLANNING BILL

[The page and line references are to HL Bill 87, the bill as first printed for the Lords]

Clause 2

Page 1, line 13, at end insert—

“( )    

is subject to a restriction requiring repayment of the 20% discount,

reduced by 1/20th for each year of occupation by the purchaser, for

a period of 20 years,”

Page 2, line 3, leave out “under” and insert “at least 23 years old but has not yet

reached”

Page 2, line 4, leave out “has any other characteristics” and insert “meets any other

criteria”

Page 2, line 5, leave out “or minimum age”

Page 2, line 16, after “regulations” insert “—

(a)    

”

Page 2, line 17, at end insert—

“(b)    

disapply the age requirement in subsection (3)(b) in relation to

specified categories of people;

(c)    

specify circumstances in which a dwelling may still be a starter

home even if it is available for purchase by joint purchasers not all

of whom meet the age requirement.”

Page 2, line 21, at end insert—

“( )    

Before making regulations under subsection (8) the Secretary of State must

consult—

(a)    

each local planning authority in England,

(b)    

the Mayor of London, and

(c)    

any other person the Secretary of State thinks appropriate.”

Page 2, line 21, at end insert—

“( )    

Regulations under this section may amend this Chapter.”

Clause 4

Page 3, line 2, leave out subsection (1) and insert—

“( )    

An English planning authority may only grant planning permission for a

residential development having had regard to the provision of starter

homes based on its own assessment of local housing need and viability.”

Page 3, line 9, leave out subsection (3)

Clause 13

Page 8, line 37, leave out “companies” and insert “bodies corporate”

Clause 17

Page 10, line 21, leave out “company” and insert “body corporate”

Page 10, line 23, leave out “company” and insert “body corporate”

Page 10, line 24, leave out “company” and insert “body corporate”

Page 10, line 25, leave out “company” and insert “body corporate”

Clause 20

Page 11, line 23, leave out “this section” and insert “subsection (1)”

Page 11, line 27, at end insert—

“(3A)    

Where a person is convicted under subsection (1) of breaching a banning

order and the breach continues after conviction, the person commits a

further offence and is liable on summary conviction to a fine not exceeding

one-tenth of level 2 on the standard scale for each day or part of a day on

which the breach continues.

(3B)    

In proceedings for an offence under subsection (3A) it is a defence to show

that the person had a reasonable excuse for the continued breach.”

Clause 22

Page 12, line 3, after “satisfied” insert “, beyond reasonable doubt,”

Page 12, line 4, leave out “20” and insert “20(1)”

Page 12, line 9, at end insert “unless subsection (3A) allows another penalty to be

imposed.

(3A)    

If a breach continues for more than 6 months, a financial penalty may be

imposed for each additional 6 month period for the whole or part of which

the breach continues.”

Page 12, line 13, leave out “20” and insert “20(1)”

Clause 38

Page 18, line 21, at end insert—

“(5)    

For the purposes of paragraph 17 of Schedule 23 to the Finance Act 2011

(which relates to HMRC data-gathering powers), the database is to be

treated as being maintained by the Secretary of State.”

After Clause 51

Insert the following new Clause—

“Appeals from the first-tier tribunal

(1)    

A person aggrieved by a decision of the First-tier Tribunal made under this

Part may appeal to the Upper Tribunal.

(2)    

An appeal may not be brought under subsection (1) in relation to a decision

on a point of law (as to which see instead section 11 of the Tribunals, Courts

and Enforcement Act 2007 (right of appeal to Upper Tribunal)).

(3)    

An appeal may not be brought under subsection (1) if the decision is set

aside under section 9 of the Tribunals, Courts and Enforcement Act 2007

(review of decision of First-tier Tribunal).

(4)    

An appeal may be brought under subsection (1) only if, on an application

made by the person concerned, the First-tier Tribunal or Upper Tribunal

has given its permission for the appeal to be brought.

(5)    

In any case where the Upper Tribunal is determining an appeal under

subsection (1), section 12(2) to (4) of the Tribunals, Courts and Enforcement

Act 2007 (proceedings on appeal to the Upper Tribunal) apply.”

Clause 53

Page 24, line 22, at end insert—

“( )    

But a person is not a property manager for the purposes of this Part if the

person engages in English property management work in the course of that

person’s employment under a contract of employment.”

Clause 54

Page 24, line 33, at end insert—

““body corporate” includes a body incorporated outside

England and Wales;”

Clause 55

Page 25, line 28, leave out “neither the tenant nor a named occupier” and insert “no

tenant, named occupier or deposit payer”

Clause 57

Page 26, line 4, leave out “the tenant and any named occupier” and insert “the

following”

Page 26, line 5, at end insert “—

(a)    

the tenant,

(b)    

any named occupiers, and

(c)    

any deposit payers.”

Page 26, line 10, leave out “or a named occupier” and insert “, a named occupier

or a deposit payer”

Page 26, line 12, leave out “neither the tenant nor a named occupier” and insert “no

tenant, named occupier or deposit payer”

Page 26, line 27, after “Part” insert “—

“deposit payer” means a person who the landlord knows paid a

tenancy deposit in relation to the tenancy on behalf of the tenant;”

Clause 59

Page 27, line 2, leave out “or named occupier” and insert “, named occupier or

deposit payer”

Page 27, line 4, leave out “or named occupier” and insert “, named occupier or

deposit payer”

Page 27, line 8, leave out “or named occupier” and insert “, named occupier or

deposit payer”

Page 27, line 10, leave out “or named occupier” and insert “, named occupier or

deposit payer”

Clause 60

Page 27, line 24, at end insert—

““tenancy deposit”, in relation to a tenancy, means any money

intended to be held (by the landlord or otherwise) as security for—

(a)    

the performance of any obligations of the tenant arising

under or in connection with the tenancy, or

(b)    

the discharge of any liability of the tenant arising under or

in connection with the tenancy;”

Clause 67

Page 29, line 27, after “may” insert “by regulations”

Page 29, line 31, leave out “high” and insert “higher”

Page 30, line 8, leave out “high” and insert “higher”

Page 30, line 8, after “value”” insert “, in relation to housing,”