Session 2016-17
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Thursday 1 December 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: 12, NC1-NC5

 

Public Bill Committee


 

Homelessness Reduction Bill


 

Note

 

This document includes all amendments remaining before the Committee and

 

includes any withdrawn amendments at the end. Bill to be considered in the

 

following order, namely, Clause 2, Clause 3, Clause 8, Clause 9, Clauses 4 to 7,

 

Clauses 10 to 13, Clause 1, new Clauses, new Schedules, remaining proceedings on

 

the Bill.

 


 

Mr Clive Betts

 

1

 

Clause  3,  page  4,  line  44,  leave out from “particular” to the end of the paragraph

 

and insert—

 

“(i)    

what accommodation would be suitable for the applicant and any

 

persons with whom the applicant resides or might reasonably be

 

expected to reside (“other relevant persons”);

 

(ii)    

the schooling arrangements for the children of the applicant and

 

of the other relevant persons; and

 

(iii)    

caring provided to or by the applicant and the other relevant

 

persons;

 

(iv)    

the location and natures of the employment of the applicant and

 

the other relevant persons.”

 

Member’s explanatory statement

 

This amendment would ensure that the assessment of an applicant’s case takes account not only of


 
 

Notices of Amendments: 1 December 2016                  

2

 

Homelessness Reduction Bill, continued

 
 

suitable accommodation for the applicant and those residing with the applicant but also their

 

schooling, caring and work arrangements.

 

Andy Slaughter

 

3

 

Clause  3,  page  5,  line  2,  leave out “and”

 

Member’s explanatory statement

 

See amendment 4.

 

Andy Slaughter

 

4

 

Clause  3,  page  5,  line  5,  at end insert—

 

“(d)    

what other support the applicant is or may be entitled to from any public

 

authority under any other enactment.”

 

Member’s explanatory statement

 

These amendments would ensure that, when assessing a case, the local authority must consider any

 

other duties which might be owed, whether by it or by another authority, for example a care-leaver

 

who has applied as homeless may be owed additional obligations under the leaving care

 

provisions of the Children Act 1989.

 


 

Andy Slaughter

 

9

 

Clause  9,  page  15,  line  32,  leave out paragraph (ba)(i)

 

Member’s explanatory statement

 

This amendment would enable the different review stages to be amalgamated and processes

 

streamlined.

 

Andy Slaughter

 

10

 

Clause  9,  page  15,  line  42,  leave out paragraph (bc)(i)

 

Member’s explanatory statement

 

This amendment would enable the different review stages to be amalgamated and processes

 

streamlined.

 


 

Andy Slaughter

 

5

 

Clause  4,  page  6,  line  30,  leave out “reasonable steps” and insert “such steps as it

 

considers reasonable”

 

Member’s explanatory statement

 

This amendment would reduce an ambiguity in the present draft. The local authority should decide

 

what steps it should take, subject to the normal rules of public law and judicial review.

 



 
 

Notices of Amendments: 1 December 2016                  

3

 

Homelessness Reduction Bill, continued

 
 

Andy Slaughter

 

6

 

Clause  5,  page  8,  line  11,  leave out “reasonable steps” and insert “such steps as it

 

considers reasonable”

 

Member’s explanatory statement

 

See amendment 5.

 

Andy Slaughter

 

7

 

Clause  5,  page  8,  line  15,  at end insert—

 

“(3A)    

Nothing in this section gives rise to a duty to provide accommodation.”

 

Member’s explanatory statement

 

This amendment would help to ensure that it is clear that it is not the intention of Clause 5 to

 

require local authorities to provide accommodation for non-priority need applicants.

 

Andy Slaughter

 

8

 

Clause  5,  page  9,  line  19,  leave out “substitute” to the end of the paragraph and

 

insert—

 

“(a)    

until a local authority is satisfied that an interim accommodation duty is

 

no longer owed as the applicant is not in priority need or until the latter

 

of—

 

(i)    

the duty owed to the applicant under section 189B(2) coming to

 

an end or the authority deciding it does not owe the applicant a

 

duty under that section, and

 

(ii)    

the authority deciding what other duty (if any) is owed to the

 

applicant under the following provisions of this Part.”

 

Member’s explanatory statement

 

This amendment would allow a local authority to end an interim duty before the end of the 56 day

 

requirement, if an applicant is found not to be apparent priority need.

 


 

Andy Slaughter

 

11

 

Clause  10,  page  16,  line  20,  after “must” insert “cooperate appropriately to support

 

early intervention and prevention of homelessness and”

 

Member’s explanatory statement

 

The amendment would encourage better support for households threatened with homelessness

 

through better upstream early intervention and prevention opportunities would be a duty to refer

 

and cooperate.

 

Mr Clive Betts

 

2

 

Clause  10,  page  16,  line  31,  at end insert—

 

“(3A)    

Where the specified public authority makes a notification to the local housing

 

authority the public authority must cooperate with the housing authority in

 

meeting its duties under sections 179, 189A, 195, 189B and 199A of the Housing

 

Act 1996.”

 

Member’s explanatory statement

 

This amendment would ensure that where a public authority made a referral to a housing authority


 
 

Notices of Amendments: 1 December 2016                  

4

 

Homelessness Reduction Bill, continued

 
 

in respect of a person who is or may become homeless the public authority is under a duty to

 

cooperate with the housing authority.

 


 

Andy Slaughter

 

12

 

Parliamentary Star    

Page  3,  line  2,  leave out Clause 1

 


 

New Clauses

 

Andy Slaughter

 

NC1

 

Parliamentary Star    

To move the following Clause—

 

         

“General Duty and “threatened with homelessness”

 

(1)    

Before section 175 of the Housing Act 1996, insert—

 

         

“Section 175ZA  General Duty and “threatened with homelessness”

 

(1)    

A local housing authority is under a general duty (in addition to the other

 

duties imposed on them by this Part or by any other enactment), to take

 

such steps as they consider reasonable—

 

(a)    

to ensure that people within their area do not become threatened

 

with homelessness;

 

(b)    

to ensure that people who are threatened with homelessness do

 

not become homeless; and

 

(c)    

to ensure that people who are homeless are provided with

 

accommodation (whether by the authority or otherwise).

 

(2)    

For the purpose principally of facilitating the discharge of their general

 

duty under this section, every local housing authority shall have the

 

specific duties and powers set out in this Part.

 

(3)    

When discharging the general duty under this section, the authority must

 

have regard to their homelessness strategy under the Homelessness Act

 

2002.

 

(4)    

The services provided by a local housing authority in the exercise of

 

functions conferred on them by this section may include providing,

 

securing or helping to secure accommodation, giving assistance in kind

 

or in cash.”

 

(2)    

In section 175(4), for “28” substitute “56 or such other longer period as the

 

Secretary of State may specify by Order.””

 

Member’s explanatory statement

 

This new clause would place authorities under a general duty to take such steps as they consider

 

reasonable to prevent people from becoming homeless and, once homeless, to find

 

accommodation. It would be a general duty distinct from the specific duties owed under Part 7 and

 

would, for example, provide a statutory basis for offering a rent-guarantee scheme to a private


 
 

Notices of Amendments: 1 December 2016                  

5

 

Homelessness Reduction Bill, continued

 
 

sector landlord. Subsection 2 would extend the period in which a person is threatened with

 

homelessness from 28 days to 56 days, or such longer period as the Secretary of State may specify.

 


 

Andy Slaughter

 

NC2

 

Parliamentary Star    

To move the following Clause—

 

         

“Duty to cooperate reapplication

 

(1)    

Section 184 of the Housing Act 1996 (Inquiry into cases of homelessness or

 

threatened homelessness) is amended as follows.

 

(2)    

After subsection (1) insert—

 

“(1A)    

Subsection (1) does not apply if the applicant has been assessed by a local

 

housing authority under this section on a previous occasion and the

 

authority is satisfied that—

 

(a)    

applicant’s circumstances have not changed materially since that

 

assessment was carried out, and

 

(b)    

there is no new information that materially affects that

 

assessment.””

 

Member’s explanatory statement

 

This new clause would prevent applicants from refusing assistance and then reapplying to the local

 

authority when new facts emerge. The clause would ensure that applicants can only re-apply if

 

their circumstances have materially changed or if there is new information that materially affects

 

the assessment.

 


 

Andy Slaughter

 

NC3

 

Parliamentary Star    

To move the following Clause—

 

         

“Power to prescribe information

 

The Secretary of State may in regulations prescribe the contents of a document

 

which summarises the rights of a person under sections 202 or 204 of the 1996

 

Act and which must be given to an applicant by the local authority when the

 

authority notifies the applicant of any matter under this Part.”

 

Member’s explanatory statement

 

This new clause would enable the Secretary of State to produce a standard form, advising

 

applicants of their rights at each stage of review and appeal. This would remove an administrative

 

burden on local authorities and would also ensure that information is provided in a simple and

 

accessible manner.

 



 
 

Notices of Amendments: 1 December 2016                  

6

 

Homelessness Reduction Bill, continued

 
 

Andy Slaughter

 

NC4

 

Parliamentary Star    

To move the following Clause—

 

         

“Impact assessment of the Act

 

This Act cannot be brought into force until at least 56 days after the Secretary of

 

State has produced and published an impact assessment, together with details of

 

funding to be provided to local authorities for the first five years after

 

commencement.”

 

Member’s explanatory statement

 

This new clause would prevent the Act from being brought into force until at least 56 days after

 

the Secretary of State has produced and published an impact assessment and details of funding to

 

be provided to local authorities for the first five years after commencement.

 


 

Andy Slaughter

 

NC5

 

Parliamentary Star    

To move the following Clause—

 

         

“Duty to undertake a review of the Act

 

The Secretary of State must undertake a review of this Act, including its impact

 

on reducing homelessness and on local authority finances. Such review must start

 

no earlier than the first anniversary of the commencement of the Act and no later

 

than the second anniversary. It must consider, in particular, whether the funding

 

for the provisions in this Act is adequate and whether additional monies should

 

be provided.”

 

Member’s explanatory statement

 

This new clause requires the Secretary of State to undertake a review of this Act, in terms of its

 

impact and its funding, no earlier than the first anniversary of the commencement of the Act and

 

no later than the second anniversary.

 

 

Order of the Committee [23 November 2016, as amended on

 

30 November 2016]

 

That—

 

(1)  

if proceedings on the Homelessness Reduction Bill are not completed at this

 

day’s sitting, the Committee meets on Wednesdays while the House is sitting

 

at 9.30 am except on 14 December when the Committee will meet at

 

10.00  am.

 


 

 

Revised 01 December 2016