Localism Bill

Page 25, line 32, leave out “senior”

Page 25, line 34, leave out “senior”

Page 25, line 35, at end insert “,

(b) the remuneration of its lowest-paid employees, and

(c) the relationship between—

(i) the remuneration of its chief officers, and

(ii) the remuneration of its employees who are not chief officers.

(2A) The statement must state—

(a) the definition of “lowest-paid employees” adopted by the authority for the purposes of the statement, and

(b) the authority’s reasons for adopting that definition.”

Leave out lines 2 to 5 and insert—

“(b) the total remuneration and numbers of its lowest-paid employees, and

(c) the relationship between—

(i) the remuneration of its chief officers,

(ii) the remuneration of its lowest paid employees, and

(iii) the remuneration of the remuneration of its other employees, who do not fall within paragraph (i) or (ii).”

Page 26, line 4, at end insert—

“( ) the approach to the engagement, either directly or indirectly, of former chief officers as consultants or otherwise,”

Page 26, line 5, leave out “senior”

Page 26, line 7, at end insert—

“( ) The statement may include the approach that the relevant authority has adopted for selecting information on pay policy from a provider, including any potential provider, of goods and services.”

Page 26, line 9, leave out “senior”

Page 26, line 15, leave out “senior”

Page 26, line 16, at end insert—

“( ) No resolution may be put to an authority to amend the pay policy statement in respect of any employee, or class of employees, that, if adopted, could reasonably be considered potentially contrary to employment law.”

Page 26, line 17, leave out “senior”

Page 26, line 34, leave out “senior”

Page 27, line 2, leave out “senior”

Page 27, line 28, leave out from “following” to end of line 32

Page 27, line 38, at end insert—

“( ) In this Chapter “employees” include staff, whether directly or indirectly employed by a relevant authority, who are not chief officers.

( ) In this Chapter, “indirectly employed” shall be interpreted in accordance with guidance to be developed and issued by the Secretary of State after consultation with—

(a) representatives; and

(b) representatives of employees,

of the relevant authorities.”

Page 28, line 20, at end insert—

“(5A) In this Chapter “remuneration”, in relation to a relevant authority and an employee of its who is not a chief officer, means—

(a) the employee’s salary,

(b) any bonuses payable by the authority to the employee,

(c) any allowances payable by the authority to the employee,

(d) any benefits in kind to which the employee is entitled as a result of the employee’s employment,

(e) any increase in or enhancement of the employee’s pension entitlement where the increase or enhancement is as a result of a resolution of the authority, and

(f) any amounts payable by the authority to the employee on the employee ceasing to be employed by the authority, other than any amounts that may be payable by virtue of any enactment.

(5B) References in this Chapter to the remuneration of an employee who is not a chief officer include—

(a) the remuneration that may be provided to that employee in the future, and

(b) the remuneration that is to be provided to employees of the same kind that the authority may employ in the future.”

The above-named Lords give notice of their intention to oppose the Question that Clause 28 stand part of the Bill.

The above-named Lords give notice of their intention to oppose the Question that Clause 29 stand part of the Bill.

The above-named Lords give notice of their intention to oppose the Question that Clause 30 stand part of the Bill.

Insert the following new Clause—

Appropriation and disposal of land by local authorities

(1) The Local Government Act 1972 is amended as follows.

(2) For paragraph 122(2)(b) substitute—

“(b) the council has complied with section 127A”.

(3) In subsection 122A omit the words after “appropriating the land” and insert “the council has complied with section 127A”.

(4) In subsection 123(2A) omit the words after “disposing of the land” and insert “the council has complied with section 127A”.

(5) In paragraph 126(4)(b) omit the words after “appropriating the land” and insert “the council has complied with section 127A.”

(6) In subsection 126(4A) omit the words after “appropriating the land” and insert “the council has complied with section 127A”.

(7) After section 127 insert—

“127A Conditions attaching to certain appropriations and disposals of land

(1) When a local authority appropriates or disposes of land under this section—

(a) the local authority shall give notice of its intention by advertisement in two consecutive weeks in at least one newspaper circulating in the area in which the land is situated, on the authority’s website and by notices on the land, and shall serve a copy of the notice on every other local authority and planning authority whose area includes or is adjacent to that area,

(b) the notice shall indicate the location and boundaries of the land and of any land to be given in exchange, and where further information and plans may be inspected or copies obtained,

(c) subject to subsection (2), unless the land to be appropriated or disposed of does not exceed 250 square yards (209 square metres) land must be provided in exchange that is not less in area and is equally advantageous to the public, to be vested in the local authority subject to the like rights, trust and incidents that attach to the land to be appropriated or disposed of,

(d) the notice shall provide for a period of not less than 28 days from the date of the first advertisement during which objections can be made to the authority,

(e) if the authority decides to amend its proposal these shall be subject to further notices in accordance with paragraphs (a) to (c),

(f) a proposal that remains subject to objection and is not withdrawn by the authority shall be referred to the Secretary of State for decision.

(2) If the local authority considers that land in exchange for that appropriated or disposed of under this section is unnecessary wholly or in part, the notice must state this and give the reasons for the statement.””

Page 29, line 11, at end insert—

“( ) Only a Welsh Minister may require a local or public authority located in Wales to make a payment of an amount determined by the Welsh Minister in respect of any EU financial sanction imposed on the United Kingdom.”

Page 29, line 19, at end insert—

“(3A) This Part only applies to EU financial sanctions imposed for a failure to fulfil an obligation under the Treaties (as referred to in Article 260(2) of the Treaty on the Functioning of the European Union) which involves breach of a regulation, directive, decision or other EU legislative act which has been designated in an order made by the Secretary of State.”

Page 29, line 23, at end insert “and arrangements for the appointment, constitution and operation of the independent review panel to be established for the purposes of section (Referral by a local or public authority to an independent review panel)”

Page 29, line 27, at end insert “and any relevant determination issued in writing by an independent review panel”

Page 29, line 27, at end insert—

“( ) An EU financial sanction notice is subject to section (Referral by a local or public authority to an independent review panel).”

Page 29, line 32, at end insert—

“( ) For the purposes of subsection (5), a determination issued in writing by an independent review panel is “relevant” if it relates to—

(a) the EU financial sanction in respect of which the Minister is exercising functions under this Part, or

(b) any other EU financial sanction imposed because of an infraction of the same EU law as the EU financial sanction referred to in paragraph (a), or an infraction of another EU law relating to the same subject.”

The above-named Lords give notice of their intention to oppose the Question that Clause 31 stand part of the Bill.

The above-named Lords give notice of their intention to oppose the Question that Clause 32 stand part of the Bill.

Insert the following new Clause—

“Proposed EU financial sanction notices: arbitration

(1) After the matters mentioned in section 32(3)(b) have been determined, if a Minister of the Crown proposes to give an EU financial sanction notice under section 33, the Minister must give a written notification of the proposal to the local or public authority in question together with a draft of the proposed notice.

(2) A draft notice given under subsection (1) must fulfill all the requirements of section 33(2).

(3) If a local or public authority disputes the whole or part of a draft notice given to it under subsection (1) it may give a written notice to a Minister of the Crown—

(a) stating that there is a dispute (stating which part of the draft is disputed, if only part is disputed); and

(b) setting out the reasons for the dispute.

(4) Any written notice under subsection (3) must be given within the period of 28 days beginning with the date on which the draft notice was given to the authority under subsection (1).

(5) If a notice is given under subsection (3) within the time limit referred to in subsection (4), the Minister must give a written response to the authority stating that—

(a) no EU financial sanction notice will be given under section 33; or

(b) the Minister proposes to make a EU financial sanction notice under section 33 in the form of the draft; or

(c) the Minister proposes to make a EU financial sanction notice under section 33 in a different form from the draft (setting out the amendments proposed).

(6) The response must be given within the period of 28 days beginning with the date on which the notice was given to the Minister under subsection (3).

(7) If the response states that no EU financial sanction notice will be given, a Minister may not give such a notice under section 33.

(8) If no response is served under subsection (5) within the time limit mentioned in subsection (6) or a written response is served within that time limit stating that the Minister proposes to make a EU financial sanction notice and, in either case, the authority continues to dispute the whole or part of the proposal in question, the authority may refer the matter to arbitration.

(9) Any reference to arbitration under subsection (8) must be made within the period of 42 days beginning with the date on which the written response was served or was required to be served, whichever is the earlier.

(10) A dispute that is referred to arbitration under subsection (8) shall be referred to and settled by a sole arbitrator to be agreed between the parties or, in default of agreement, to be appointed on the application of either party, after notice in writing to the other, by the President of the Chartered Institute of Arbitrators.

(11) An arbitrator to whom a dispute is referred under section (8) may order—

(a) that no EU financial sanction notice may be given under section 33; or

(b) that a EU financial sanction notice may be given under subsection 33 in the form of the draft given with the notice under subsection (1) or with amendment.

(12) No EU financial sanction notice may be given under section 33(1) unless—

(a) the period mentioned in subsection (4) has expired without the authority having given notice under subsection (3) (in which case it must be given in the form of the draft given with the notice under subsection (1)); or

(b) the authority has withdrawn a notice given under subsection (3); or

(c) the period mentioned in subsection (9) has expired without the authority having made a reference to arbitration under subsection (8), in which case it must be given in the form of the draft (in a case falling within subsection (5)(b)) or with the amendments proposed (in a case falling within subsection (5)(c)); or

(d) any arbitration proceedings commenced under this section have been disposed of.”

Page 31, line 6, leave out from “satisfied” to end of line 8 and insert “and can prove beyond reasonable doubt that the infraction of EU law has arisen, wholly or in part, as a direct result of the actions of the local or public authority and that the authority should be responsible to that extent”

The above-named Lords give notice of their intention to oppose the Question that Clause 33 stand part of the Bill.

The above-named Lords give notice of their intention to oppose the Question that Clause 34 stand part of the Bill.

Insert the following new Clause—

“Proposed EU financial sanction notices: arbitration (No. 2)

(1) After the matters mentioned in section 34(6)(c)(i) and (ii) have been determined, if a Minister of the Crown proposes to give a further EU financial sanction notice under section 35, the Minister must give a written notification of the proposal to the local or public authority in question together with a draft of the proposed notice.

(2) A draft notice given under subsection (1) must fulfil all the requirements of section 33(2) as applied by section 35(3).

(3) If a local or public authority disputes the whole or part of a draft notice given to it under subsection (1) it may give a written notice to a Minister of the Crown—

(a) stating that there is a dispute (stating which part of the draft is disputed, if only part is disputed); and

(b) setting out the reasons for the dispute.

(4) Any written notice under subsection (3) must be given within the period of 28 days beginning with the date on which the draft notice was given to the authority under subsection (1).

(5) If a notice is given under subsection (3) within the time limit referred to in subsection (4), the Minister must give a written response to the authority stating that—

(a) no further EU financial sanction notice will be given under section 35; or

(b) the Minister proposes to make a further EU financial sanction notice under section 35 in the form of the draft; or

(c) the Minister proposes to make a further EU financial sanction notice under section 35 in a different form from the draft (setting out the amendments proposed).

(6) The response must be given within the period of 28 days beginning with the date on which the notice was given to the Minister under subsection (3).

(7) If the response states that no EU financial sanction notice will be given, a Minister may not give such a notice under section 35.

(8) If no response is served under subsection (5) within the time limit mentioned in subsection (6) or a written response is served within that time limit stating that the Minister proposes to make a further EU financial sanction notice and, in either case, the authority continues to dispute the whole or part of the proposal in question, the authority may refer the matter to arbitration.

(9) Any reference to arbitration under subsection (8) must be made within the period of 42 days beginning with the date on which the written response was served or was required to be served, whichever is the earlier.

(10) A dispute that is referred to arbitration under subsection (8) shall be referred to and settled by a sole arbitrator to be agreed between the parties or, in default of agreement, to be appointed on the application of either party, after notice in writing to the other, by the President of the Chartered Institute of Arbitrators.

(11) An arbitrator to whom a dispute is referred under subsection (8) may order—

(a) that no further EU financial sanction notice may be given under section 35; or

(b) that a further EU financial sanction notice may be given under section 35 in the form of the draft given with the notice under subsection (1) or with amendment.

(12) No further EU financial sanction notice may be given under section 35 unless—

(a) the period mentioned in subsection (4) has expired without the authority having given notice under subsection (3) (in which case it must be given in the form of the draft given with the notice under subsection (1)); or

(b) the authority has withdrawn a notice given under subsection (3); or

(c) the period mentioned in subsection (9) has expired without the authority having made a reference to arbitration under subsection (8), in which case it must be given in the form of the draft (in a case falling within subsection (5)(b)) or with the amendments proposed (in a case falling within subsection (5)(c)); or

(d) any arbitration proceedings commenced under this section have been disposed of.”

Page 33, line 6, leave out from “satisfied” to end of line 8 and insert “and can prove beyond reasonable doubt that the continuing infraction of EU law has arisen, wholly or in part, as a direct result of the actions of the local or public authority and that the authority should be responsible to that extent”

The above-named Lords give notice of their intention to oppose the Question that Clause 35 stand part of the Bill.

Insert the following new Clause—

“Referral by a local or public authority to an independent review panel

(1) A local or public authority who receives an EU financial sanction notice from a Minister of the Crown may refer the notice to an independent review panel.

(2) A reference may be made on any of the following grounds—

(a) that a Minister failed to exercise a power conferred by an enactment, and that failure contributed to the infraction of EU law (whether directly or indirectly or by impeding any local or public authority in its attempts to comply with EU law);

(b) that the Minister did not follow the procedures set out in this Part or in the warning notice before giving the financial sanction notice; or

(c) that the Minister ought to have exercised any discretion under this Part or the warning notice differently.

(3) In considering any reference made to it under this section, the independent review panel may review any finding of fact on which the EU financial sanction notice was based.

(4) Following its consideration of any reference made to it under this section, the independent review panel must—

(a) determine the validity of the grounds upon which the reference was made, and

(b) provide a copy of its determination in writing, including the reasons for it, to the Minister of the Crown who issued the EU financial sanction notice and the local or public authority who received it.

(5) In this section, “independent review panel” means a panel to be appointed by the Secretary of Sate for the purposes of this section, in accordance with the policy published by the Secretary of State under section 31(4).”

Page 33, line 17, after “(2)” insert “and designated under subsection (2A)”

Page 33, line 26, at end insert—

“(2A) The Secretary of State may by order designate a local authority or local authorities for the purposes of this Part.”

Page 33, line 34, at end insert—

“(c) any private commercial undertaking”

The above-named Lords give notice of their intention to oppose the Question that Clause 36 stand part of the Bill.

The above-named Lords give notice of their intention to oppose the Question that Clause 37 stand part of the Bill.

Insert the following new Clause—

“Tax increment financing

(1) The Business Rate Supplement Act 2009 is amended as follows.

(2) After section 1 (power to impose a BRS) insert—

“(1A) A BRS may be in the form of tax increment financing.”

(3) In section 14 (chargeable amount: supplementary) in subsection (2) after ““A” is” insert “for any form of BRS other than tax increment financing”.

(4) In section 14, after subsection (2) insert—

“(2A) For tax increment financing “A” is—

(a) the increase in the rateable value on the chargeable day attributable to the project to which the tax increment financing relates, or

(b) if section 12(2) applies, the rateable value of the occupied part of the hereditament on that day.”.”

Page 35, line 35, after “tax” insert “or non-domestic rates”

Page 35, line 42, leave out “fine”

Page 36, leave out lines 5 to 7

The Lord Bishop of Exeter gives notice of his intention to oppose the Question that Clause 39 stand part of the Bill.

Page 36, line 26, at end insert—

“( ) A billing authority in England must promote the opportunities provided by small business rate relief.”

Page 36, line 32, at end insert—

“( ) The chargeable day must not fall outside the period 1 April 2005 to 31 March 2010.”

Page 37, line 20, leave out “must” and insert “may”

Page 37, line 21, at end insert “but that authority must hold a referendum if one-fifth of the electors in the area have requested it”

Page 37, line 25, at end insert “, and

(c) if the petition is a special-case petition (see section (Petitions: special cases in which holding of referendum is discretionary)), the authority resolves in accordance with section 48 that the referendum should be held.”

Page 37, line 26, leave out subsection (3)

Page 37, line 33, leave out subsection (4)

Page 38, line 8, after “44),” insert—

“(ba) where the principal local authority is the Greater London Authority, it is duly signed—

(i) by the required percentage of local government electors in each London borough, and

(ii) by the required percentage of local government electors in the area of the Common Council of the City of London,”

Page 38, line 11, leave out subsection (2)

Page 38, line 12, leave out from “though” to end of line 14 and insert “—

(a) where the principal local authority is not the Greater London Authority, the petition does not comply with subsection (1)(b), or

(b) where the principal local authority is the Greater London Authority, the petition complies with neither or only one of paragraphs (b) and (ba) of subsection (1).”

Page 38, line 20, at end insert—

“( ) In order to comply with this section a petition must be validated by the Electoral Registration Officer or Officers for the relevant area as follows—

(a) that the name of each person on the petition is that of a local government elector who is registered at the address stated on the petition, and

(b) that the signature of each person on the petition corresponds to that on the electoral registration form signed by that person.”

Page 38, line 39, at end insert “or

(iii) a parish.”

Page 38, line 40, leave out subsection (8)

Page 39, line 2, leave out “as follows” and insert “to subsection (2),”

Page 39, line 2, leave out “5%” and insert “10%”

Page 39, line 2, leave out “5%” and insert “20%”

Page 39, line 2, leave out “5%” and insert “20%, or 15% when the electors in that area are more than 10,000”

Page 39, line 2, leave out “5%” and insert “25%”

Page 39, line 2, at end insert—

“(1A) Subject to subsection (2), “the required percentage” in section 43(1)(ba) means 1%.”

Page 39, line 3, leave out subsection (2)

Page 39, line 3, after “(1)” insert “or (1A)”

Insert the following new Clause—

“Offence of paying for signatures

(1) A person commits an offence if the person makes a payment—

(a) to any person to carry out the collection of signatures on a petition under this section, or

(b) to any person to organise any other persons to carry out the collection of signatures on a petition under this section.

(2) A person who is guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.”

Page 39, line 11, at end insert “and is supported by a petition representing at least 5% of the electors in that area”

Page 39, line 13, at end insert “and is supported by a petition representing at least 5% of the electors in that area”

Page 40, line 3, at end insert—

“(6) Before determining whether it is appropriate to hold a local referendum under subsection (2), the principal local authority must notify—

(a) any person who is named in the petition or request,

(b) any person who is the owner or occupier of any land to which the petition or request relates, and

(c) any other person whom the authority considers to have an interest which is likely to be affected by any steps that the authority may take to give effect to the result of the referendum.”

Page 40, line 8, leave out subsection (2)

Page 40, line 13, leave out “an influence” and insert “power”

Page 40, line 15, leave out “an influence” and insert “power”

Page 40, line 18, at end insert—

“( ) determined to be so by the principal local authority;”

Page 40, line 22, leave out paragraph (b)

Page 40, line 24, at end insert—

“( ) The third ground is that the action requested by the question is unlawful or discriminatory, or would contravene the authority’s codes relating to equality of treatment or its financial regulations.”

Page 40, line 25, leave out subsection (5)

Page 40, line 25, leave out from “ground” to “is” in line 27

Page 40, line 28, after “is” insert “trivial, unnecessary, repetitive, disproportionate,”

Page 40, line 28, at end insert—

“( ) The fifth ground is that the referendum question includes or relates to planning matters.”

Page 40, line 28, at end insert—

“( ) The fifth ground is that the referendum question relates to a planning application being considered by the local authority.”

Page 40, line 28, at end insert—

“( ) The fifth ground is that the referendum question is calling for the deployment of extra resources in the part of the authority’s area in which it would be held to an extent which would be unachievable or unreasonable, taking into account the resources available to the authority as a whole throughout its area.”

Page 40, line 28, at end insert—

“( ) The fifth ground is that the referendum question relates to matters relevant to the preparation of a local development plan or the determination of a planning application.”

Page 40, line 28, at end insert—

“( ) The fifth ground is that the referendum question relates to transport fares set by that authority.”

Page 40, line 33, at end insert—

““repetitive” means that an identical or similar question was the subject of a referendum in the same part of the authority within the previous ten years;

“disproportionate” means that the cost of holding the referendum is excessive bearing in mind the cost of carrying out the proposal in the question;

“unnecessary” means that the authority has decided to take action that is identical or similar to the proposal in the question, has considered such action and rejected it within the previous two years, or is currently considering the question.”

Insert the following new Clause—

“Petitions: special cases in which holding of referendum is discretionary

(1) Where a principal local authority has under section 46 made a determination that it is appropriate to hold a local referendum in response to a petition, the authority (if it has not already done so) must cause the petition to be—

(a) considered for the purposes of subsection (2) by its chief finance officer, and

(b) considered for the purposes of subsections (3) and (4) by the proper officer.

(2) The petition is a special-case petition if the authority’s chief finance officer estimates that the cost of holding a local referendum in response to the petition would be more than 5% of the amount last calculated by the authority before it received the petition as its council tax requirement for the financial year in which the petition was received by it.

(3) The petition is a special-case petition if the proper officer of the authority is of the opinion that the matter to which the referendum question relates has been, or has substantially been, the subject of at least one local or other referendum held—

(a) in the four years ending with the date on which the petition was received by the authority, and

(b) in the area to which the petition relates (whether or not in that area alone).

(4) The petition is a special-case petition if the proper officer of the authority is of the opinion that—

(a) there is a statutory process and it is the case, or is substantially the case, that the process involves giving—

(i) members of the public, or

(ii) members of a section of the public,

an opportunity to make representations in relation to the matter, and

(b) it is the case, or is substantially the case, that persons adversely affected by the matter or a decision made in relation to it have—

(i) a statutory right of appeal in respect of the substance of the matter or decision, or

(ii) a statutory right to instigate a review of the substance of the matter or decision.

(5) A person is not to be taken as having a right within subsection (4)(b)(i) or (ii) as a result of being able to—

(a) make an application for judicial review,

(b) make a complaint under Part 3 of the Local Government Act 1974 to a Local Commissioner, or

(c) make a complaint to a housing ombudsman under a scheme approved for the purposes of Schedule 2 to the Housing Act 1996.

(6) In this section—

“council tax requirement”, in relation to the Greater London Authority and a year, means the aggregate of—

(a) the component council tax requirement for the year for the London Assembly, and

(b) the component council tax requirement for the year for the Mayor of London;

“chief finance officer”, in relation to a principal local authority, means the officer having responsibility, for the purposes of—

(a) section 151 of the Local Government Act 1972,

(b) section 6 of the Local Government and Housing Act 1989, or

(c) section 127(2) of the Greater London Authority Act 1999,

for the administration of the authority’s financial affairs;

“the referendum question” has the meaning given by section 47(7);

“statutory” means provided for by an Act or an instrument made under an Act.”

Page 40, line 42, after “organiser” insert “and any person notified under section 46(6)”

Page 41, line 1, after “referendum,” insert “and

(b) the petition is not a special-case petition,”

Page 41, line 3, at end insert—

“(3A) Subsection (3B) applies if—

(a) the determination is that it is appropriate to hold the referendum, and

(b) the petition is a special-case petition.

(3B) The proper officer of the authority must—

(a) if the authority is not the Greater London Authority, arrange for a meeting of the authority to decide on a resolution that the referendum should be held, or

(b) if the authority is the Greater London Authority, arrange for the authority to decide on a resolution that the referendum should be held.

(3C) The arrangements under subsection (3B)(a) or (b) must be such as to enable the decision concerned to be made as soon as is reasonably practicable after—

(a) the determination is made, or

(b) if later, the officer concerned came to be of the opinion as a result of which the petition is a special-case petition.

(3D) If the authority—

(a) is not the Greater London Authority and resolves at the meeting mentioned in subsection (3B)(a) that the referendum should be held, or

(b) is the Greater London Authority and resolves that the referendum should be held,

it must make arrangements for the referendum to take place in accordance with sections 51 to 54.”

Page 41, line 8, leave out subsection (5)

Page 41, line 11, leave out “designated in the petition” and insert “notified when the petition is delivered to the authority”

Page 41, line 20, leave out “arrange for a meeting” and insert “—

(a) if the authority is not the Greater London Authority, arrange for a meeting of the authority to decide on a resolution that the referendum should be held, or

(b) if the authority is the Greater London Authority, arrange for the authority”

Page 41, line 20, leave out “a meeting” and insert “the next ordinary meeting of the authority to include an agenda item”

Page 41, line 22, leave out subsection (3)

Page 41, line 22, leave out “meeting must be held” and insert “arrangements under subsection (2)(a) or (b) must be such as to enable the decision concerned to be made”

Page 41, line 24, leave out “resolves at the meeting” and insert “—

(a) is not the Greater London Authority and resolves at the meeting mentioned in subsection (2)(a) that the referendum should be held, or

(b) is the Greater London Authority and resolves”

Page 41, line 30, leave out subsection (6)

The above-named Lords give notice of their intention to oppose the Question the Clause 50 stand part of the Bill.

Page 42, line 8, leave out paragraph (c)

Page 42, line 10, leave out subsections (3) to (5)

Page 42, line 25, leave out “or an election”

Page 42, line 26, leave out “six” and insert “twelve”

Page 42, line 28, leave out “or election”

Page 42, line 37, leave out paragraph (c)

Page 43, line 9, leave out subsections (4) and (5)

Page 43, line 11, insert—

“(4A) Any material published by the authority must give equal prominence to the arguments for and against the question.”

Page 43, line 12, leave out “subsection (4)” and insert “subsections (4) and (4A)”

Page 43, line 15, at end insert—

“( ) may only be exercised following a resolution authorising the maximum amount to be spent, carried at the meeting of the authority which decides to hold the referendum.”

Insert the following new Clause—

“Cost of referendums

The principal local authority may recover the cost of the referendum from the electors in the area in which the referendum was held.”

Page 43, line 19, leave out from beginning to second “an” and insert “are local government electors in”

Page 43, line 37, leave out paragraph (b)

Page 43, line 39, leave out paragraphs (d) and (e)

Page 43, line 42, after “Commission” insert “and the Local Government Association”

Page 44, line 9, at end insert—

“(3A) Before deciding what steps (if any) the authority proposes to take to give effect to the result, the authority must consult—

(a) any person who is named in the question asked in the referendum,

(b) any person who is the owner or occupier of any land to which the question asked in the referendum relates,

(c) any other person whom the authority considers to have an interest which is likely to be affected by any steps that the authority is considering to take.

(3B) The authority must have regard to the response of any person consulted under subsection (3A) when deciding what steps (if any) to take to give effect to the result.”

Page 44, line 20, leave out from beginning to “must” in line 21 and insert “The partner authority”

Page 44, line 20, leave out “of the referendum”

The above-named Lords give notice of their intention to oppose the Question that Clause 56 stand part of the Bill.

Insert the following new Clause—

“Parish polls

In paragraph 18 of Schedule 12 to the Local Government Act 1972 (meetings and proceedings of local authorities), omit sub-paragraphs (4), (5) and (6).”

Page 45, line 1, leave out from “Authority,” to “by” in line 2 and insert “a function of passing a resolution under this Chapter is to be exercisable (in accordance with this Chapter)”

Page 45, line 20, after “elector” insert “on the date stated on the petition”

Page 45, line 40, at end insert—

““special-case petition” has the meaning given by section (Petitions: special cases in which holding of referendum is discretionary).”

Page 45, line 42, leave out paragraph (a)

Page 45, line 44, leave out “the Mayor of London or”

Page 266, line 45, leave out from “Acts” to end of line 2 on page 267

Page 267, line 17, at end insert—

“( ) On application by a relevant authority, the Secretary of State may direct that the substitute calculations referred to in subsection (5) may be increased by an amount determined by the Secretary of State.”

Page 271, line 33, leave out from “Acts” to end of line 37

Page 274, leave out lines 12 to 21

Page 274, leave out lines 24 to 25

Page 280, line 29, at end insert—

“(ba) the amount of any levies and special levies—

(i) issued to it for the year, or

(ii) anticipated by it in pursuance of regulations under section 74 or 75 of the 1988 Act, or

(c) the amount of any expenditure it estimates it will incur in the year that will be qualifying expenditure in taking steps to give effect to the result of any qualifying local referendum held in an area consisting of, or including, the whole of its area.”

Page 280, line 30, after “than” insert “a county council or”

Page 280, line 34, at end insert—

“(2A) In the case of a major precepting authority that is a county council, any reference in this Chapter to the authority’s relevant basic amount of council tax for a financial year is a reference to the amount that would be calculated by it in relation to the year under section 42B(1) above if section 42A above did not require or permit it to take into account—

(a) the amount of any levies—

(i) issued to it for the year, or

(ii) anticipated by it in pursuance of regulations under section 74 of the 1988 Act, or

(b) the amount of any expenditure it estimates it will incur in the year that will be qualifying expenditure in taking steps to give effect to the result of any qualifying local referendum held in an area consisting of the whole of its area.”

Page 280, line 38, leave out from “amount” to “(referred” in line 39

Page 280, line 41, after “year)” insert “that would be calculated by it under section 88(2) of the Greater London Authority Act 1999 if sections 85 and 86 of that Act did not require or permit it—

(i) to take into account the amount of any levies issued to a constituent body for the year,

(ii) to anticipate, in pursuance of regulations under section 74 of the 1988 Act, the issue of levies to a constituent body, or

(iii) to take into account the amount of any expenditure it estimates a constituent body will incur in the year that will be qualifying expenditure in taking steps to give effect to the result of any qualifying local referendum held in an area consisting of the whole of Greater London”

Page 280, line 42, leave out from “amount” to “(referred” in line 43

Page 280, line 45, at end insert “that would be calculated by it under section 89(3) of the Greater London Authority Act 1999 if sections 85 and 86 of that Act did not require or permit it—

(i) to take into account the amount of any levies issued to a constituent body for the year,

(ii) to anticipate, in pursuance of regulations under section 74 of the 1988 Act, the issue of levies to a constituent body, or

(iii) to take into account the amount of any expenditure it estimates a constituent body will incur in the year that will be qualifying expenditure in taking steps to give effect to the result of any qualifying local referendum held in an area consisting of the whole of Greater London”

Page 281, line 29, at end insert—

“(9) In this section—

“local referendum” has the meaning given by section 42(1) of the Localism Act 2011;

“qualifying expenditure” means expenditure in relation to which the prescribed conditions are met;

“qualifying local referendum” means a local referendum in relation to which the prescribed conditions are met.”

Page 57, line 26, leave out from “with” to end of line 28 and insert “this Chapter”

Page 57, line 31, leave out paragraphs (a) to (d) and insert “any public body, including, but not limited to, local authorities, government departments, government agencies and non-departmental public bodies”

Page 57, line 34, leave out paragraph (d)

Page 57, line 41, leave out from “functions” to end of line 42

Page 58, line 5, at end insert—

“( ) in relation to a relevant authority that is a county council in an area which has county and district councils, a district council,”

Page 58, line 6, leave paragraph (d)

Page 58, line 6, leave out “two” and insert “five”

Page 58, line 7, after “authority” insert “who have formed an organisation for charitable purposes or a community interest company or industrial and provident society”

Page 58, line 7, at end insert—

“( ) a local authority, on behalf of its community, when the relevant authority is a government department, government agency or non-departmental public body,”

Page 58, line 8, leave out paragraph (e)

Page 58, line 8, leave out “person or body” and insert “category of bodies”

Page 58, line 10, after “means” insert “a body which is operating primarily within the area of the relevant authority, or which can demonstrate that it is working collaboratively with a body operating primarily in the area of the relevant authority, and which is”

Page 58, line 14, leave out “purposes of those activities” and insert “benefit of”

Page 58, line 17, at end insert “wholly or partly in the area in which the relevant service is provided”

Page 58, line 17, at end insert—

“( ) This section does not apply to any company or other body or person the activities of which are carried out for profit.”

Page 58, line 19, leave out “amend or”

Page 58, line 20, leave out “amend or”

Page 58, line 21, leave out “(including amendments to any power to make regulations)”

Page 58, line 23, leave out “subsection (2)(d) or 5(e) or”

Page 58, line 23, at end insert—

“( ) regarding services provided on behalf of more than one authority jointly”

Page 58, line 23, at end insert—

“( ) The Secretary of State shall from time to time consult representatives of each category of relevant authority as to regulations to be made and guidance to be given under this Chapter and shall have regard to their views.”

Insert the following new Clause—

“List of challengeable services

(1) A local authority must maintain a list of relevant services provided by or on behalf of all relevant authorities in its area.

(2) The list maintained under subsection (1) by a local authority is to be known as its “list of challengeable services”.

(3) All relevant authorities must provide, upon receiving a written request from a local authority, a list of relevant services provided within that local authority’s area.

(4) The Secretary of State may by regulations make further provision in relation to a local authority’s list of challengeable services, including provision about—

(a) the form in which the list is to be kept;

(b) contents of an entry in the list (including matters not to be included in an entry);

(c) modification of an entry in the list;

(d) removal of an entry from the list.

(5) Subject to any provision made by or under this Chapter, it is for a local authority to decide the form and contents of its list of challengeable services.

(6) A local authority must publish its list of challengeable services and must provide a free copy of this list to any relevant body that asks it for a copy, but is not required to provide any particular relevant body more than one free copy of the same version of the list.

(7) In this section “free” means free of charge.”

Insert the following new Clause—

“Duty to consider requests

(1) A relevant authority must consider a request in accordance with this Chapter if—

(a) it is submitted to an authority by a parish or town council, and

(b) it is made in writing and complies with such other requirements for requests as the Secretary of State may specify by regulations.

(2) In this Chapter “request” means a request to a relevant authority that it should provide a service or perform a function (being a service or function that it already provides or performs, or is entitled to provide or perform) in a specified manner.

(3) A relevant authority in receipt of such a request shall accede to it unless doing so would—

(a) result in net additional expenditure or net reduced revenue, or

(b) adversely affect that authority’s wider interests or policies.

(4) In reaching a conclusion under subsection (3)(a), the relevant authority shall take into account all consequent changes in expenditure or income, including any amounts that the parish council is prepared to pay the authority, except that it may not take into account any net reduction in revenue resulting from the enforcement of civil penalties.”

Page 58, line 27, leave out “may” and insert “should”

Page 58, line 28, leave out “may be submitted” and insert “will be considered

Page 58, line 35, leave out subsection (5)

Page 59, line 1, leave out from “must” to end of line 3 and insert—

“(a) decide whether or not to carry out a procurement exercise relating to the provision on behalf of the authority of the relevant service to which the expression of interest relates, and

(b) either—

(i) carry out such an exercise, or

(ii) negotiate with the relevant body on the terms on which the body may carry out the provision of the relevant service.”

Page 59, line 7, leave out subsection (4)

Page 59, line 18, leave out subsection (7)

Page 59, line 20, at end insert—

“( ) Any contract or other agreement that the relevant authority enters into under the provisions of this section shall be time-limited.”

Page 59, line 20, at end insert—

“( ) Any contract or other agreement that the relevant authority enters into under the provisions of this section may be subject to such arrangements for supervision, monitoring and assessment as the relevant authority thinks are necessary.

( ) Any contract or other agreement that the relevant authority enters into under the provisions of this section may be subject to stipulations about the minimum level of services that must be provided and standards relating to their provision.

( ) Each such contract may contain provisions relating to the action that may be taken by the relevant authority if a stipulated level or standard of service is not provided.

( ) Such provisions may include a procedure by which the relevant authority may take over the provision of the relevant service itself.”

Page 59, line 20, at end insert—

“( ) Any contract or other agreement that the relevant authority enters into under the provisions of this section shall be subject to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).”

Page 59, line 21, leave out subsection (8)

Page 59, line 43, leave out subsection (7)

The above-named Lords give notice of their intention to oppose the Question that Clause 71 stand part of the Bill.

Insert the following new Clause—

“Application of duties

All duties which apply to a relevant authority under the Equality Act 2010 in respect of its provision of a relevant service shall be deemed to apply to a relevant body in its provision of that service.”

The above-named Lords give notice of their intention to oppose the Question that Clause 72 stand part of the Bill.

Page 60, line 31, after first “body” insert “do not”

Page 60, line 42, at end insert—

“( ) This section does not apply to any company or person the activities of which are carried out for profit.”

The above-named Lords give notice of their intention to oppose the Question that Clause 73 stand part of the Bill.

Insert the following new Clause—

“Freedom of information and contracts

(1) Any contract made by a relevant authority with any person after the coming into force of this section shall be deemed to include a freedom of information provision.

(2) Where such a contract is to any extent performed by means of a sub-contract that sub-contract shall be deemed to include a freedom of information provision.

(3) In this section, a “freedom of information provision” means a provision stipulating that all information relating to the performance of the contract which is held by—

(a) the contractor,

(b) the sub-contractor, and

(c) any other person on behalf of the contractor or sub-contractor,

is, notwithstanding any contrary provision, deemed to be held on behalf of the relevant authority for the purpose of section 3(2)(b) of the Freedom of Information Act 2000 or regulation 3(2)(b) of the Environmental Information Regulations 2004.

(4) A freedom of information provision shall not require—

(a) a contractor to disclose to the relevant authority any communication between itself and a professional legal adviser in connection with the giving of legal advice to it with respect to its obligations, liabilities or rights in relation to the relevant authority under the contract;

(b) a sub-contractor to disclose to the contractor any communication between a professional legal adviser and itself in connection with the giving of legal advice to it with respect to its obligations, liabilities or rights in relation to the contractor under the contract.

(5) In this section “relevant authority” has the same meaning as in section 14(4).”

Insert the following new Clause—

“Application of Freedom of Information Act 2000 to publicly-owned companies

(1) The Freedom of Information Act 2000 is amended as follows.

(2) In section 6(1), at the end insert—

“(c) at least fifty per cent of its shares are owned by one or more relevant authorities.”

(3) In section 6(3), at the end insert—

““relevant authority” has the same meaning as in section 14(4) of the Localism Act 2011.””

Insert the following new Clause—

“Annual report on compliance with the Freedom of Information Act 2000 etc

(1) A relevant authority shall publish an annual report relating to its compliance with the Freedom of Information Act 2000 (“the Act”) and the Environmental Information Regulations 2004 (“the regulations”) setting out—

(a) the number of requests which it has received and numbers which have been granted in full or refused in part or in full;

(b) the number of requests refused—

(i) under section 14(1) of the Act (vexatious requests);

(ii) under section 14(2) of the Act (repeated requests);

(iii) on the ground that the cost of complying with the request would exceed the appropriate limit under section 12 of the Act;

(iv) on the grounds that an exemption under the Act or an exception under the regulations applied, specifying the number of requests refused under each exemption or exception;

(c) the number of requests to which it has responded—

(i) within the time limits prescribed under section 10(1) of the Act or regulation 5(2) of the regulations; or

(ii) within the additional time permitted under section 10(3) of the Act or regulation 7(1) of the regulations;

(d) the number of requests to which it has not responded within the time limits referred to in paragraph (c) and the time taken to respond to each of those requests;

(e) the numbers of occasions on which it has—

(i) charged a fee under section 9 of the Act,

(ii) charged a fee under section 13 of the Act,

(iii) made a charge under regulation 8(1) of the regulations,

and the amount of the fee or charge in each case;

(f) the number of—

(i) complaints which it has received from applicants in respect of its handling of requests under the Act, and

(ii) representations it has received under regulation 11 of the regulations,

and the time it has taken to consider each of those complaints or representations and the results of those considerations;

(g) the number of complaints made to the Information Commissioner in respect of the authority and the outcome of those complaints;

(h) the number of appeals against decisions of the Commissioner in respect of the authority made—

(i) by the authority, or

(ii) by the applicant,

and the outcome of those appeals.

(2) The Secretary of State may by regulations prescribe—

(a) that further specified particulars are to be contained in the annual report required under this section, and

(b) the form in which the information contained in the annual report required under this section is to be presented.”

Page 61, line 5, leave out “land in its area that is land” and insert “businesses in its area that are businesses”

Page 61, line 10, leave out “the end of the period of” and insert “no later than”

Page 61, line 14, leave out subsection (4)

Page 61, line 19, at end insert—

“( ) the definition of an asset of community value;”

The above-named Lords give notice of their intention to oppose the Question that Clause 74 stand part of the Bill.

Page 61, line 38, at end insert “, except that land of community value may only be land owned by a relevant public authority or land where the owner has agreed that it may be determined land of community value”

The above-named Lords give notice of their intention to oppose the Question that Clause 75 stand part of the Bill.

Page 62, line 38, at end insert—

“( ) by a community organisation operating in the local authority area,”

The above-named Lords give notice of their intention to oppose the Question that Clause 76 stand part of the Bill.

Page 63, line 15, leave out “must” and insert “may”

Page 63, line 18, leave out “is required by subsection (3) to accept” and insert “accepts under subsection (3)”

Page 63, line 23, leave out subsection (6)

Page 63, line 25, at end insert—

“( ) In considering whether to accept a community nomination, a local authority must be satisfied that the person or body making the nomination has demonstrated that it has the intention and capacity to be treated as a potential bidder should a relevant disposal be entered into.”

The above-named Lords give notice of their intention to oppose the Question that Clause 77 stand part of the Bill.

Page 64, line 2, leave out subsection (4)

The above-named Lords give notice of their intention to oppose the Question that Clause 78 stand part of the Bill.

Page 64, line 24, leave out paragraph (b)

Page 64, line 32, leave out sub-paragraph (ii)

Page 64, line 36, leave out “may” and insert “must”

The above-named Lords give notice of their intention to oppose the Question that Clause 79 stand part of the Bill.

Page 65, line 8, leave out subsection (3)

The above-named Lords give notice of their intention to oppose the Question that Clause 80 stand part of the Bill.

The above-named Lords give notice of their intention to oppose the Question that Clause 81 stand part of the Bill.

Page 66, line 11, at beginning insert “A person who is”

Page 66, line 13, leave out “C” and insert “D”

Page 66, line 13, at end insert “, unless the relevant disposal will be the sale of the land privately to another business for the same use as when it was listed as an asset of community value”

Page 66, line 14, leave out “the owner” and insert “that particular person”

Page 66, line 14, leave out “the owner’s” and insert “that person’s”

Page 66, line 17, leave out “or the owner”

Page 66, line 20, at end insert—

“( ) where the owner is a public body, any community interest group or groups which meet the requirements of subsection (3)(a) have been provided with the option of first refusal to purchase the asset, with regulations for this purpose specified by the appropriate authority, or”

Page 66, line 22, at end insert—

“( ) Condition D is that where a relevant disposal of land is in relation to an existing business, the full moratorium period is only applicable in the following circumstances—

( ) the business is at risk of closure;

( ) the business is closed;

( ) the business is subject to an application for change of use;

( ) the building is subject to a demolition order.”

Page 66, line 24, at end insert—

“( ) Where a request by a community interest group to be treated as a potential bidder in relation to a relevant disposal has been made, an interim or full moratorium period may not last for more than six months.”

Page 66, line 37, at end insert—

“( ) The moratorium timescales in relation to a relevant disposal are as follows—

( ) the interim moratorium period is two weeks;

( ) the full moratorium period is three months;

( ) the protected period in relation to a relevant disposal is 18 months.”

Page 66, line 38, leave out subsection (7)

Page 66, line 41, after “shorter” insert “than six months and must not be shorter”

The above-named Lords give notice of their intention to oppose the Question that Clause 82 stand part of the Bill.

Page 67, line 7, leave out “, assignment or surrender” and insert “or assignment”

Page 67, line 8, leave out “, assignment or surrender” and insert “or assignment”

The above-named Lords give notice of their intention to oppose the Question that Clause 83 stand part of the Bill.

The above-named Lords give notice of their intention to oppose the Question that Clause 84 stand part of the Bill.

Insert the following new Clause—

“Informing owner of request to be treated as bidder

(1) Subsection (2) applies if—

(a) after a local authority has received notice under section 82(2) in respect of land included in the authority’s list of assets of community value, and

(b) before the end of the interim moratorium period that applies under section 82 as a result of the notice,

the authority receives from a community interest group a written request (however expressed) for the group to be treated as a potential bidder in relation to the land.

(2) The authority must, as soon after receiving the request as is practicable, either pass on the request to the owner of the land or inform the owner of the details of the request.

(3) In this section “community interest group” means a person who is a community interest group for the purposes of section 82(3) as a result of regulations made under section 82(6) by the appropriate authority.”

Page 68, line 9, at end insert—

“(vii) appeals against decisions made under the regulations.”

The above-named Lords give notice of their intention to oppose the Question that Clause 85 stand part of the Bill.

The above-named Lords give notice of their intention to oppose the Question that Clause 86 stand part of the Bill.

The above-named Lords give notice of their intention to oppose the Question that Clause 87 stand part of the Bill.

Insert the following new Clause—

“Co-operation

If different parts of any land are in different local authority areas, the local authorities concerned must co-operate with each other in carrying out functions under this Chapter in relation to the land or any part of it.”

The above-named Lords give notice of their intention to oppose the Question that Clause 88 stand part of the Bill.

The above-named Lords give notice of their intention to oppose the Question that Clause 89 stand part of the Bill.

The above-named Lords give notice of their intention to oppose the Question that Clause 90 stand part of the Bill.

The above-named Lords give notice of their intention to oppose the Question that Clause 91 stand part of the Bill.

The above-named Lords give notice of their intention to oppose the Question that Clause 92 stand part of the Bill.

The above-named Lords give notice of their intention to oppose the Question that Clause 93 stand part of the Bill.

Page 72, line 19, at end insert “, with a view to ensuring that those activities enable the planning of sustainable development in a way that is, so far as possible, coherent and complimentary as between the areas for which each such person exercises functions”

Page 72, line 26, at end insert—

“(c) to have regard to activities and requirements of local businesses, and

(d) to have regard to activities and plans of local enterprise partnerships.”

Page 73, line 28, leave out “whether to consult on and prepare, and enter” and insert “entering”

Page 73, line 31, leave out “whether to agree” and insert “agreeing”

Page 73, line 33, at end insert “, and

(c) preparing for or being a party to the preparation of a strategic infrastructure assessment including setting infrastructure priorities, delivery programmes and funding arrangements.”

Insert the following new Clause—

“Local development: survey of area

(1) Section 13 of the Planning and Compulsory Purchase Act 2004 (survey of area) is amended as follows.

(2) After subsection (3) insert—

“(3A) The local planning authority shall undertake and publish a numerical assessment of the level of housing need and demand for all age groups in its area, together with its proposals for addressing such need and demand including plans relating to the provision of housing across all types and tenures.””

Page 74, line 15, leave out subsection (2) and insert—

“(2) For subsection (3) substitute—

“(3) The local planning authority must have regard to sustainable development and Town Centre First Policy, as defined in accordance with subsection (4).

(3A) The Secretary of State must lay before Parliament an order to define sustainable development and Town Centre First Policy.

(3B) A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid and approved by a resolution of each House of Parliament.””

Insert the following new Clause—

“Development plan documents: climate change and carbon budgets

(1) Section 19 of the Planning and Compulsory Purchase Act 2004 is amended as follows.

(2) For subsection (1A) substitute—

“(1A) Development plan documents must include policies designed to secure that the development and use of land in the local planning authority’s area—

(a) achieves reductions of greenhouse gas emissions in line with the carbon budgets set under the Climate Change Act 2008; and

(b) meets the current national planning policy objectives on assessing the risk of and adapting to climate change in relation to that area.”

Page 79, line 20, at end insert—

“( ) In section 209 (liability: interpretation of key terms) after subsection (8) (regulations may make provision for a person not to be treated as a developer in specified circumstances) insert—

“(9) CIL regulations must provide for an exemption (or a partial exemption) from liability to pay CIL in respect of a development where the person who would otherwise be likely to pay CIL in respect of the development is already required to make payment of a sum or sums under a planning obligation under section 106 of TCPA 1990 which is or are applied towards—

(a) existing infrastructure (within the meaning given in section 216(1)), or

(b) other existing local infrastructure or matters relating to that infrastructure.””

Page 304, line 37, leave out from “if” to “have” in line 1 on page 305 and insert “in each applicable referendum under that Schedule more than half of those voting”

Page 305, leave out lines 5 and 6 and insert—

“(5) If—

(a) there are two applicable referendums under that Schedule (because the order relates to a neighbourhood area designated as a business area under section 61GA), and

(b) in one of those referendums (but not the other) more than half of those voting have voted in favour of the order,

the authority may (but need not) make a neighbourhood development order to which the proposal relates.”

Page 305, line 7, after “means” insert—

“(a)”

Page 305, line 10, at end insert “, or

“(b) a person who owns or operates any existing infrastructure the development of which would have required development consent under the Planning Act 2008 had that Act been in force at the time of the development.”

Page 306, line 16, at end insert “which has achieved quality parish council status or other quality standards as specified for this purpose by the relevant authority”

Page 307, line 14, at end insert “, and

(iv) whose members that fall within sub-paragraph (ii) reflect the business demographic of the area concerned, including small and micro businesses,”

Page 307, leave out line 24

Page 307, line 31, at end insert—

“(8A) A local planning authority may withdraw an organisation or body’s designation as a neighbourhood forum if they consider that the organisation or body is no longer meeting—

(a) the conditions by reference to which it was designated, or

(b) any other criteria to which the authority were required to have regard in making the designation;

and, where an organisation or body’s designation is withdrawn, the authority must give reasons to the organisation or body.”

Page 307, line 45, after “designations” insert “(or withdrawals of designations)”

Page 308, line 6, at end insert—

“(ba) suspending the operation of any duty of a local planning authority under paragraph 6 or 7 of Schedule 4B in cases where they are considering the withdrawal of the designation of an organisation or body as a neighbourhood forum,”

Page 308, line 21, after “area,” insert “or

( ) the authority has conducted a survey of the residents of its local authority area asking its residents to define their own neighbourhood, village or area and at least 5% of the households in the local authority area have responded to the survey,”

Page 308, line 29, at end insert “, or

(c) a person who owns or operates any existing infrastructure the development of which would have required development consent under the Planning Act 2008 had that Act been in force at the time of the development.”

Page 308, line 36, at end insert “, and

(c) in the case of an application by a person who owns or operates any infrastructure the development of which would have required development consent under the Planning Act 2008 had that Act been in force at the time of the development, may include the whole or any part of the area of a parish council, but must not include any area which is not in the ownership, occupation or control of that person.”

Page 308, line 41, at end insert “, and

(c) the views expressed by local residents in any survey conducted by the authority.”

Page 309, line 7, at end insert “unless in any survey conducted by, or with the approval of, the authority, residents have expressed the view that they feel part of, or are influenced by developments in more than one overlapping neighbourhood.”

Page 309, line 34, at end insert—

“61GA Neighbourhood areas designated as business areas

(1) Whenever a local planning authority exercise their powers under section 61G to designate an area as a neighbourhood area, they must consider whether they should designate the area concerned as a business area.

(2) The reference here to the designation of an area as a neighbourhood area includes the modification under section 61G(6) of a designation already made.

(3) The power of a local planning authority to designate a neighbourhood area as a business area is exercisable by the authority only if, having regard to such matters as may be prescribed, they consider that the area is wholly or predominantly business in nature.

(4) The map published by a local planning authority under section 61G(8) must state which neighbourhood areas (if any) are for the time being designated as business areas.”

Page 309, line 43, leave out “and 61G” and insert “to 61GA”

Page 311, line 4, at end insert “, and

“( ) development that would be likely to harm a heritage asset of national importance or its setting.”

Page 311, line 4, at end insert—

“and for those purposes, “excluded development” also includes development that is ancillary to existing development—

(g) in respect of which development consent has been given under the Planning Act 2008,

(h) in respect of which development consent under the Planning Act 2008 would have been required had that Act been in force at the time.”

Page 311, line 16, at end insert—

“(c) in the case of planning permission for the construction of a basement at an existing property, provision requiring the applicant to undertake full consultation with owners of adjoining properties and with any others who would be adversely affected by the construction.”

Page 311, line 16, at end insert—

“( ) Before the beginning of any development pursuant to a neighbourhood development order, the developer shall apply to the local planning authority for a determination as to whether the development would be likely to harm a heritage asset of national importance or its setting.

( ) The application shall be accompanied by a description of the development, a plan indicating the site in relation to any heritage assets likely to be affected by the development and a statement and other material sufficient to indicate the likely effect of development upon such heritage assets together with the fee required to be paid.

( ) The development shall not be begun before—

(a) the receipt by the applicant from the local planning authority of a written notice of their determination that the proposed development does not constitute excluded development by virtue of section 61I; or

(b) the expiry of 28 days following the date on which the application was received by the local planning authority without that authority making any such determination or notifying the applicant of their determination.”

Page 313, line 16, after “14” insert “or 14A”

Page 313, line 26, leave out “section 61F or 61G” and insert “any of sections 61F to 61GA”

Page 313, line 32, leave out “section 61F or 61G” and insert “any of sections 61F to 61GA”

Page 314, line 17, at end insert—

“( ) after subsection (4) insert—

“(4A) If there is no neighbourhood development plan in force, such documents as the local authority considers reflects the interest of the community.””

Page 314, line 31, at end insert “that indicates priorities to—

(a) achieve reductions of greenhouse gas emissions in line with the carbon budgets set under the Climate Change Act 2008; and

(b) meet current national policy objectives on assessing the risk of and adapting to climate change in relation to that area.”

Page 314, line 44, leave out from “if” to “have” in line 1 on page 315 and insert “in each applicable referendum under that Schedule (as so applied) more than half of those voting”

Page 315, leave out lines 5 and 6 and insert—

“(5) If—

(a) there are two applicable referendums under that Schedule as so applied (because the plan relates to a neighbourhood area designated as a business area under section 61GA of the principal Act), and

(b) in one of those referendums (but not the other) more than half of those voting have voted in favour of the plan,

the authority may (but need not) make a neighbourhood development plan to which the proposal relates.”

Page 316, line 20, at end insert—

“( ) Departures from policies in neighbourhood plans should only be considered in exceptional circumstances.”

Page 316, line 20, at end insert—

“( ) All agreements reached by a qualifying body in respect of a neighbourhood development plan must be fully recorded and available for public inspection.”

Page 318, line 3, at end insert—

“(2A) The proposal may include proposals in a prescribed form and accompanied by documents and information of a prescribed description concerning the creation or reorganisation of parishes.

(2B) If a referendum under paragraph 12(4) concerning a neighbourhood development order combining such proposals is agreed to, it shall have effect as if the neighbourhood development order constituted the recommendations of a community governance review under section 87 of the Local Government and Public Involvement in Health Act 2007.

(2C) A principal local authority as defined in that Act must give effect to the entirety of such a review.”

Page 318, line 26, at end insert—

“(2) If—

(a) a proposal by a qualifying body is made by an organisation or body designated as a neighbourhood forum, and

(b) the designation is withdrawn at any time before the proposal is submitted for independent examination under paragraph 7,

the proposal is to be treated as withdrawn by the qualifying body at that time.

(3) If the withdrawal of the designation occurs after the proposal is submitted for independent examination under that paragraph, the withdrawal is not to affect the validity of the proposal.”

Page 321, line 22, leave out “having regard to” and insert “taking account of”

Page 322, line 42, at end insert—

“(b) that a period of further consultation is provided, with the aim of enhancing community consensus, or”

Page 324, line 27, after “14” insert “, and (if applicable) an additional referendum in accordance with paragraph 14A,”

Page 324, line 30, after “referendum” insert “(or referendums)”

Page 325, line 1, after “referendum” insert “(or referendums)”

Page 325, line 5, after “referendum” insert “(or referendums)”

Page 325, line 8, at end insert “(or referendums)”

Page 326, line 29, at end insert—

“14A (1) The additional referendum mentioned in paragraph 12(4) must be held on the making of a neighbourhood development order if the draft order relates to a neighbourhood area that has been designated as a business area under section 61GA.

(2) Sub-paragraph (2) of paragraph 14 is to apply in relation to the additional referendum as it applies in relation to a referendum under that paragraph.

(3) A person is entitled to vote in the additional referendum if on the prescribed date—

(a) the person is a non-domestic ratepayer in the referendum area, or

(b) the person meets such other conditions as may be prescribed.

(4) “Non-domestic ratepayer” has the same meaning as in Part 4 of the Local Government Act 2003 (see section 59(1)).

(5) Regulations may make provision for excluding a person’s entitlement to vote in the additional referendum.”

Page 326, line 31, at end insert “or 14A”

Page 327, line 10, after “14” insert “or 14A”

Page 330, line 47, at end insert—

6A Any direction given by the Secretary of State under a development order that requires a person of a particular description to be consulted about applications for planning permission for particular kinds of development or for development in particular locations or kinds of location has effect in relation to a proposal for a community right to build order that would grant planning permission for development of that kind or in those areas or kinds of area.”

Page 331, line 8, after “by” insert “sub-paragraphs (2) to (5) of”

Page 331, line 29, at end insert—

“(5A) In consequence of the provision made by sub-paragraphs (2) to (5) of this paragraph—

(a) paragraph 12(7) to (9) of Schedule 4B have effect as if the words “(or referendums)” were omitted, and

(b) that Schedule has effect as if paragraph 14A (and references to that paragraph) were omitted.”

Page 336, line 19, leave out “section 61F or 61G” and insert “any of sections 61F to 61GA”

Page 84, leave out lines 33 to 35 and insert—

61W Code of best practice for consultation

(1) The Secretary of State must publish and keep under review a code of practice relating to the carrying out of consultation in cases where—”

Page 84, line 40, leave out from beginning to end of line 23 on page 85 and insert—

“(2) A person who proposes to make an application of the type described in subsection (1) must have regard to the code of practice.”

Page 85, line 23, at end insert—

“(8) A person subject to the duty imposed by subsection (1) must, in complying with that subsection, have regard to the advice given by the local planning authority on the basis of the information contained within the relevant historic environment record; and each local planning authority should either maintain or have access to an historic environment record for this purpose.”

Page 87, line 3, after “notice” insert “(that was issued and took effect no more than three years prior to the application being made)”

Page 87, line 5, at end insert—

“70D Requirement for consultation on retrospective application

A local planning authority may require an applicant for retrospective planning permission to carry out consultation on the proposed application as if it were an application of a type specified under section 61W, and to take account of responses to the consultation in accordance with section 61X.”

Page 90, line 22, at end insert—

“( ) Section 171B (time limits) ceases to have effect.”

Page 92, line 20, at end insert “and

(c) unless an appeal is submitted under subsection (16),”

Page 93, line 16, at end insert—

“(16) Power under subsection (1) is subject to the right of appeal under section 225C.”

Page 95, line 1, leave out “notice under section 225B” and insert “notices under sections 225A or 225B”

Page 95, line 2, after “section” insert “225A(3) and (5) or”

Page 95, line 12, after “of” insert “a display structure”

Page 95, line 13, after “section” insert “225A(5) or”

Page 95, line 16, after “surface” insert “or display structure”

Page 95, line 28, after “section” insert “225A(3) and (5) or”

Page 95, line 30, after “section” insert “225A(3) and (5) or”

Page 95, line 32, after “section” insert “225A(7) or”

Insert the following new Clause—

“Transfer of renewable energy generating station consent powers to Welsh Ministers

(1) The Secretary of State shall make regulations to transfer to Welsh Ministers those functions of the Infrastructure Planning Commission and the Marine Management Organisation which relate to applications for an order granting development consent for the construction or extension of generating stations, which will generate renewable energy, in Wales or in waters adjacent to Wales up to the seaward limits of the territorial sea.

(2) Regulations made under subsection (1) shall be laid within 12 months of the passing of this Act and are subject to negative resolution procedure.”

Insert the following new Clause—

“Transfer of generating station consent powers to Welsh Ministers

(1) The Secretary of State shall make regulations to transfer to Welsh Ministers those functions of the Infrastructure Planning Commission and the Marine Management Organisation which relate to applications for an order granting development consent for the construction or extension of generating stations in Wales or in waters in, or adjacent to, Wales, up to the seaward limits of the territorial sea.

(2) Regulations made under subsection (1) must be laid within 12 months of the passing of this Act and shall be subject to the negative resolution procedure.”

Page 344, line 19, at end insert—

“(2A) In subsection (3) (deadline for making report to the Secretary of State) omit “deadline for”.”

Page 345, line 17, at end insert—

“(3A) After subsection (2)(b) insert—

“(ba) in the case of an application for an order including provision authorising the compulsory acquisition of statutory undertakers’ land, the effect of the compulsory acquisition on any such statutory undertaker,”.”

Page 345, line 17, at end insert—

“(3A) After subsection (2)(b) insert—

“(ba) in the case of an application for an order including provision authorising the compulsory acquisition of—

(i) local authority land,

(ii) National Trust land, or

(iii) land forming part of a common, open space or fuel or field garden allotment,

the effect of the compulsory acquisition of any such land,”.”

Page 345, line 41, leave out paragraph (b) and insert—

“(b) for “the start day” substitute “the day on which the Secretary of State receives a report on the application under section 74(2)(b) or 83(2)(b).””

Page 346, line 8, after “must” insert—

“(a)”

Page 346, line 10, at end insert—

“(b) notify each interested party of what has been done and of the reasons for doing it.”

Page 346, line 27, at end insert—

“(2A) In subsection (1)—

(a) in paragraph (a) after “consent” insert “which gives effect to the proposals concerned without modifications”, and

(b) after paragraph (a), insert—

“(aa) make an order granting development consent which gives effect to those proposals with modifications, or”.”

Page 346, line 28, at end insert—

“(4) After subsection (2) insert—

“(3) The Secretary of State may do anything that the Secretary of State considers necessary or expedient in relation to any proposals to make an order granting development consent with modifications.””

Page 348, line 3, leave out paragraph 64 and insert—

“64 Omit section 127 (statutory undertakers’ land).”

Page 348, line 6, at end insert—

“64A Omit sections 128 to 132 (orders granting development consent that include provision authorising the compulsory purchase of certain types of land subject to special parliamentary procedure).”

Page 348, line 15, at end insert—

“66A Omit section 137 (public rights of way: statutory undertakers’ apparatus etc.).”

Page 348, line 16, leave out paragraph 67 and insert—

“67 (1) Section 138 (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the Planning Act 2008 is amended as follows.

(2) For subsections (4) to (6) substitute—

“(4) The order may include provision for the extinguishment of the relevant right, or the removal of the relevant apparatus, only if the Secretary of State is satisfied that the extinguishment or removal is necessary for the purpose of carrying out the development to which the order relates.””

Page 348, line 21, at end insert—

“68A In section 232 (orders and regulations), insert at the end of subsection (3) “; and

(c) power to provide for a procedure to waive compliance with any requirements of the order or regulations if compliance with those requirements would be unnecessary, impossible or impracticable in the circumstances.””

Page 348, line 21, at end insert—

“In section 150 (removal of consent requirements), at the beginning insert “To the extent that it applies to land in Wales,”.”

Page 349, line 16, leave out “a harbour” and insert “any civil engineering or other works”

Page 349, line 16, at end insert—

“(1A) The Secretary of State may by order amend subsection (1) to add, amend or remove a category of offence.

(1B) The power conferred by sub-paragraph (1A) may be exercised to add a category of offence to sub-paragraph (1) only if the category of offence is relevant to a development for which an order granting development consent may be made under this Act.”

Page 102, line 2, leave out subsections (1) and (2) and insert—

“(1) Anything done in relation to a proposed application notified to the Commission under section 46 of the Planning Act 2008 before the abolition date shall remain effective on and after the abolition date as if had been done pursuant to the provisions of that Act as amended by this Act.

(2) Subsection (3) applies to an application received by the Infrastructure Planning Commission before the abolition date that purports to be an application for an order granting development consent under the Planning Act 2008.

(3) In relation to an application mentioned in subsection (2), a person who immediately before the abolition date—

(a) is a member of the Commission, and

(b) is a member of the Panel, or is the single Commissioner, handling the application,

is to be treated as being a member of the Panel that under Chapter 2 of Part 6 of the Planning Act 2008, or the appointed person who under Chapter 3 of that Part, is to handle the application on and after the abolition date.”

Page 105, line 40, at end insert—

“(15) In section 13 (legal challenges relating to national policy statements), omit subsections (1), (3) and (4).”

Page 116, line 12, at end insert—

“(2) After section 120(2) of the Planning Act 2008 insert—

“(2A) For the purposes of discharging the requirements and any related appeal against a decision of the local planning authority or its failure to make a decision, unless otherwise specified in an order granting development consent the requirements shall be treated as if they were conditions imposed under Part 3 of the Town and Country Planning Act 1990.””

The above-named Lords give notice of their intention to oppose the Question that Clause 124 stand part of the Bill.

Insert the following new Clause—

“Duty to have regard to community views

After section 19 of the Planning and Compulsory Purchase Act 2004 (preparation of local development documents) insert—

“19A Duty to have regard to community views

(1) A local planning authority must have regard to any written expressions of community views in the preparation of development plan documents so far as they relate to spatial planning.

(2) Where a local planning authority decides to set aside these views, it must give written reasons.

(3) For the purpose of subsection (1), a local planning authority must have regard to any guidance issued by the Secretary of State as to the definition of “community views”.””

Insert the following new Clause—

“Planning permission for subterranean development

After section 75 of the Town and Country Planning Act 1990, insert—

“75A Planning permission for subterranean development

(1) Any proposed development which extends below the ground level of an existing property shall be deemed to be “a subterranean development” and any person seeking to undertake a subterranean development must—

(a) commission a “Subterranean Impact Study” by consultants approved by the Department for Environment, Food and Rural Affairs on the impact of the proposed subterranean development upon—

(i) subterranean ground conditions with particular reference to flowing and standing water; and

(ii) foundations, footings and structure of any adjacent buildings and other buildings within a radius of 100 metres of the proposed development;

(b) provide owners of any adjacent properties and of properties within a radius of 100 metres with a copy of the Subterranean Impact Study and enter into consultation with the respective owners during a period of not less than 90 days;

(c) submit a copy of the Subterranean Impact Study to the relevant planning authority, together with the results of the consultation with relevant adjacent and nearby property owners, before submitting any application for full planning approval for the proposed subterranean development from the relevant planning authority;

(d) seek the approval of the Secretary of State for the proposed subterranean development;

(e) provide an appropriate warranty or bond and security for expenses to a value to be determined by a specialist advisor.””

Insert the following new Clause—

“Planning permission for development under land

After section 75 of the Town and County Planning Act 1990, insert—

“75A Planning permission for development under land

(1) In considering an application for planning permission for a development involving building under land, a local planning authority shall—

(a) have regard to the number of other applications for such development in the locality that it has granted;

(b) presume that if it has granted permission for such development in respect of one application it will, unless there are exceptional circumstances, grant permission for other applications proposing similar development; and

(c) ensure that adequate protection is provided for adjacent and neighbouring properties.

(2) The Secretary of State may make regulations requiring an applicant for planning permission for a development involving building under land to demonstrate that the applicant has entered into such appropriate insurance arrangements or bonds or other security as are specified in the regulations.

(3) The Secretary of State may make regulations requiring an applicant for planning permission for a development involving building under land to demonstrate that the development will be adequately supervised by a qualified structural engineer.””

Insert the following new Clause—

“Development on green belt land

The appropriate planning authority may grant planning permission for development involving infilling on green belt land (within the meaning given by Planning Policy Guidance 2: green belts) if on that land sufficient infrastructure and services exist as to make the development reasonable.”

Insert the following new Clause—

“Windfarms: appeal costs

Where an appeal is made against the decision of a local planning authority to reject a planning application for an onshore windfarm, and the matter is taken to a public inquiry, the costs incurred by the authority in contesting the appeal, as well as any reasonable costs incurred by any registered rule 6(6) party under the Town and Country Planning Appeals Rules 2000, shall be paid for by the appellant.”

Insert the following new Clause—

“Planning permission for sites for Gypsies and Travellers

In the Town and Country Planning Act 1990, after section 77 insert—

“77A Planning permission for sites for gypsies and travellers

(1) The Secretary of State may direct a local planning authority to grant planning permission for an application involving development which provides a site for the accommodation of a specified number of gypsies and travellers.

(2) In the East of England and South West regions, the specified number of gypsies and travellers under subsection (1) may not exceed any number specified for that local authority in the regional strategy.

(3) In the North West and South East regions, and in any other region where there is a report by the independent panel appointed by the Secretary of State under section 8 of the Planning and Compulsory Purchase Act 2004, the specified number of gypsies and travellers under subsection (1) may not exceed the number for that local planning authority in the independent panel report.

(4) In any other region, the specified number of gypsies and travellers under subsection (1) may not exceed the number in the gypsy and traveller accommodation needs Assessment conducted under section 225 of the Housing Act 2004.

(5) In this section “gypsies and travellers” has the meaning given by regulations made under section 225 of the Housing Act 2004.

(6) The reference to a regional strategy applies to the regional strategy in place at the abolition of regional strategies under section 94 of the Localism Act 2011.””

Insert the following new Clause—

“Planning permission for sites or accommodation for Gypsies and Travellers

In the Town and Country Planning Act 1990, after section 77 insert—

“77A Planning permission for sites or accommodation for gypsies and travellers

In deciding whether to grant planning permission for a site for gypsies, travellers or travelling showmen at any time before a development plan has been adopted specifying the additional number of pitches for which planning permission is required within its area, or in determining a planning application for residential accommodation for gypsies, travellers or travelling showmen, a local planning authority shall treat as a material consideration—

(a) in the case of a local planning authority in the East of England or the South West of England, the number of pitches for that local authority in the regional strategy that was in place at the time before regional strategies were abolished under section 94 of the Localism Act 2011;

(b) in the case of a local planning authority in the North West and South East regions, and in any other region where there is a report by the independent panel appointed by the Secretary of State under section 8 of the Planning and Compulsory Purchase Act 2004, the number of pitches for that local authority in the independent panel report; and

(c) in the case of a local planning authority in any other region, the number of pitches for that local authority in the gypsy and traveller accommodation needs Assessment conducted under section 225 of the Housing Act 2004.””

Page 120, line 31, after “1985)” insert “or who have been owed such duties at any time within the previous five years”

Page 120, line 37, after “disability)” insert “or those who have an assessed housing need in a community care assessment”

Page 123, line 18, leave out “two” and insert “five”

Page 123, line 21, leave out “to (7E)” and insert “, (7C) and (7E)”

Page 123, line 21, at end insert—

“(8A) In subsection (7D) after paragraph (c) insert—

“(d) an assured shorthold tenancy of a minimum duration of 12 months is available to the applicant;

(e) the applicant has previously been placed in an assured shorthold tenancy of a duration of more than six months and less than 12 months between the date of the application being made and the date of the tenancy mentioned in paragraph (d) becoming available;

(f) the local authority considers that the tenancy available can be afforded by the applicant;

(g) a housing support services assessment for the applicant has concluded that any support needs of the household to which the applicant belongs can be met within the accommodation provided under the tenancy that is available;

(h) the support to meet the support needs of the household is available; and

(i) the local authority has advised the applicant of tenants’ and landlords’ rights and obligations under an assured shorthold tenancy and has directed the applicant to sources of independent advice and information.””

Page 123, line 27, leave out paragraph (d)

Page 123, line 27, after “paragraph” insert “after the words “they are satisfied that the accommodation is suitable” insert “and affordable”; after “applicant” insert the words “and the local authority, acting as an intermediary, has a leasing arrangement with the private landlord”; and”

Page 123, line 30, leave out subsection (10)

Page 123, line 41, leave out “12” and insert “60”

The above-named Lords give notice of their intention to oppose the Question that Clause 129 stand part of the Bill.

Page 124, line 6, at end insert—

“( ) After section 184 (inquiry into cases of homelessness or threatened homelessness) insert—

“184A Prevention of homelessness: advice and assistance

(1) An authority may, in the course of its enquiries under section 184, provide advice and assistance to the applicant for the purpose of the prevention of homelessness.

(2) The applicant’s housing needs shall be assessed before advice and assistance is provided under subsection (1).

(3) The advice and assistance provided under subsection (1) must include information about the likely availability in the authority’s district of accommodation appropriate to the applicant’s housing needs (including, in particular, the location and sources of such accommodation).

(4) The advice and assistance provided under subsection (1), including the assessment of the housing needs of and options available to the applicant, shall, in addition to the information specified in subsection (3), set out the steps which in the opinion of the authority are required to resolve the applicant’s housing needs.

(5) Any advice and assistance or offer of further assistance provided or made in accordance with subsection (4) shall be notified in writing to the applicant at the time when such provision or offer takes place or as soon as reasonably practicable thereafter.

(6) Where at any time prior to the making of a decision under section 184(3) the authority proposes to procure or arrange for the applicant a private rented sector offer, the applicant is free to reject such an offer without affecting the duties owed to him or her by the authority under this Part.

(7) The authority shall secure that any offer of accommodation which is made in the circumstances described in subsection (3)—

(a) is an offer of a fixed term tenancy (within the meaning of Part 1 of the Housing Act 1988) for a period of at least twelve months; and

(b) is accompanied by a statement in writing which specifies the term of the tenancy being offered and explains in ordinary language—

(i) that there is no obligation to accept the offer, but

(ii) that if the offer is accepted, the authority may decide that the applicant is no longer homeless or threatened with homelessness and the consequences of such decision, and

(iii) the implications of the applicant deciding not to accept the offer.

(8) A notification or statement under subsection (2) or (4)(b) shall inform the applicant of his or her right to seek independent advice in respect of the matters contained in that document.””

Page 124, line 6, at end insert—

“(1A) After section 166 of the Housing Act 1996 (inquiry into cases of homelessness or threatened homelessness) insert—

“166A Statistics on homelessness

(1) The local housing authority shall record and publish in statistical form details of all those—

(a) who make an application for accommodation under section 166;

(b) who express an interest in making such an application;

(c) whom the authority considers to be homeless or threatened with homelessness; or

(d) who consider themselves to be homeless or threatened with homelessness.

(2) The details published under subsection (1) shall be such as shall be prescribed by regulations and shall include—

(a) the size and composition of the household;

(b) the reason for and nature of the housing need;

(c) whether the authority judges the applicant to be homeless or at risk of homelessness;

(d) whether an applicant considers himself or herself to be homeless or at risk of homelessness;

(e) a record of what, if any, assistance has been offered to the applicant; and

(f) a record of what, if any, assistance has been accepted by the applicant.

(3) The authority shall—

(a) make a copy of all information published under subsection (1) available at its principal office for inspection at all reasonable hours, without charge, by members of the public; and

(b) provide (on payment if required by the authority of a reasonable charge) a copy of such information to any member of the public on request.””

Page 124, line 13, at end insert—

“(2A) For section 190 substitute—

“190 Duties to persons becoming homeless intentionally or who are not in “priority need”

(1) This section applies where the local housing authority are satisfied that an applicant is homeless and is eligible for assistance, and—

(a) are satisfied that he or she became homeless intentionally,

(b) are satisfied that he or she is not in “priority need”, or

(c) both of the above.

(2) The local authority shall—

(a) secure that accommodation is available for his or her occupation for such period as they consider will give him or her a reasonable opportunity of securing accommodation for his or her occupation, and

(b) provide him or her with (or secure that he or she is provided with) advice and assistance in any attempts he or she may make to secure that accommodation becomes available for his or her occupation.

(3) The applicant’s housing needs shall be assessed before advice and assistance is provided under subsection (2)(b).

(4) The advice and assistance provided under subsection (2)(b) must include information about the likely availability in the authority’s district of types of accommodation appropriate to the applicant’s housing needs (including, in particular, the location and sources of such types of accommodation).””

Page 124, line 13, at end insert—

“( ) Omit section 192.”

Page 124, line 19, leave out “two” and insert “five”

Page 125, leave out lines 6 to 9

The above-named Lords give notice of their intention to oppose the Question that Clause 130 stand part of the Bill.

Insert the following new Clause—

“Suitability of accommodation

In section 210 of the Housing Act 1996 (suitability of accommodation secured under homelessness duties), after subsection (2) insert—

“(3) Accommodation shall not be regarded as suitable for a person unless it is affordable.

(4) Accommodation shall not be considered to be affordable if an applicant’s residual income after deduction of the rent and other costs of that accommodation would be less than the amount of income support or income-based jobseeker’s allowance or such other subsistence level state benefit as may be available at the time which is applicable in respect of that applicant and his or her household, or which would be available if he or she was entitled to claim such benefit.

(5) In determining whether accommodation is suitable for the applicant and his or her household in terms of its location, the authority shall have specific regard to—

(a) subsection (1) of section 208;

(b) the distance of the accommodation from or proximity to employment or employment opportunities;

(c) any disruption to the education of children or young persons in the household;

(d) the risks to the applicant of isolation, taking into account amenities such as transport, shops and other necessary facilities;

(e) the level of support available to the applicant in the district in which the accommodation is situated from family or friends or the local community;

(f) the availability of medical treatment where appropriate;

(g) any caring responsibilities of the applicant in relation to another person;

(h) the ages of the applicant and other members or his or her household; and

(i) any other circumstances affecting the wellbeing of the applicant and his or her household.

(6) Accommodation shall not be regarded as suitable for a person unless the authority is satisfied that the landlord is a fit and proper person and that, where the accommodation forms part of a house in multiple occupation, the proposed management arrangements for the house are satisfactory.

(7) For the purposes of subsection (6), the tests in section 66 of the Housing Act 2004 shall apply for the purposes of deciding whether a landlord is a fit and proper person or (as the case may be) whether the proposed management arrangements for the house are satisfactory (whether or not the house is subject to mandatory licensing).

(8) Accommodation shall not be regarded as suitable for a person where on inspection the authority considers that a category 1 hazard, within the meaning of section 2(1) of the Housing Act 2004 (meaning of “category 1 hazard” and “category 2 hazard”) exists in or in relation to the accommodation itself or the premises in which the accommodation is situated.””

Insert the following new Clause—

“Suitability of accommodation (No. 2)

In section 210 of the Housing Act 1996 (suitability of accommodation secured under homelessness duties), after subsection (2) insert—

“(3) Accommodation shall not be regarded as suitable for a person unless it is affordable.

(4) Accommodation shall not be considered to be affordable if an applicant’s residual income after deduction of the rent and other costs of that accommodation would be less than the amount of income support or income-based jobseeker’s allowance or such other subsistence-level state benefit as may be available at the time which is applicable in respect of that applicant and his or her household, or which would be available if he or she was entitled to claim such benefit.

(5) In determining whether accommodation is suitable for the applicant and his or her household in terms of its location, the authority shall have regard to—

(a) subsection (1) of section 208;

(b) the distance of the accommodation from or proximity to employment or employment opportunities;

(c) any disruption to the education of children or young persons in the household;

(d) the risks to the applicant of isolation, taking into account amenities such as transport, shops and other necessary facilities;

(e) the level of support available to the applicant in the district in which the accommodation is situated from family or friends or the local community;

(f) the availability of medical treatment where appropriate;

(g) any caring responsibilities of the applicant in relation to another person;

(h) the ages of the applicant and other members of his or her household; and

(i) any other circumstances affecting the wellbeing of the applicant and his or her household.

(6) Accommodation shall not be regarded as suitable for a person unless the authority is satisfied that the landlord is a fit and proper person and that, where the accommodation forms part of a house in multiple occupation, the proposed management arrangements for the house are satisfactory.

(7) For the purposes of subsection (6), the tests in section 66 of the Housing Act 2004 shall apply for the purposes of deciding whether a landlord is a fit and proper person or (as the case may be) whether the proposed management arrangements for the house are satisfactory (whether or not the house is subject to mandatory licensing).

(8) Accommodation shall not be regarded as suitable for a person where on inspection the authority considers that a category 1 hazard, within the meaning of section 2(1) of the Housing Act 2004, exists in or in relation to the accommodation itself or the premises in which the accommodation is situated.””

Insert the following new Clause—

“Exemptions from flexible tenancy regime

(1) The Secretary of State shall by regulations provide that a secure tenancy shall not be capable of being a flexible tenancy if it falls within one of such classes as shall be prescribed.

(2) The prescribed classes of secure tenancy referred to in subsection (1) shall include—

(a) tenancies granted to a tenant (alone or jointly with others) aged 60 years or more;

(b) tenancies granted to a tenant (alone or jointly with others) in circumstances where the tenant or a member of his or her household suffers from a long-term illness or disability, or has a need for secure accommodation on medical or welfare grounds;

(c) tenancies granted to such other persons as regulations shall provide who have a need for secure accommodation.

(3) In determining whether a tenant falls within one of the prescribed classes of person, the landlord authority shall have regard to guidance issued by the Secretary of State under this section.

(4) Where a tenancy is a secure tenancy by reason of regulations made under this section, it shall be a ground for possession within section 84 of the Housing Act 1985 (grounds and orders for possession) where the accommodation afforded by the dwelling-house is more extensive than is reasonably required by the tenant.

(5) The court shall not make an order for possession under subsection (4) unless—

(a) it is satisfied that suitable alternative accommodation will be available for the tenant when the order takes effect; and

(b) it considers it reasonable to make the order.

(6) Part IV of Schedule 2 to the Housing Act 1985 (suitability of accommodation) shall have effect for determining, for the purpose of subsection (5)(a), whether suitable alternative accommodation will be available for the tenant.

(7) Where the landlord considers that the ground for possession in subsection (4) applies to a tenancy, the court shall not entertain proceedings for possession of the tenancy unless the landlord has complied with the notice requirements in section 83 and subsections (3) and (4) of section 84 of the Housing Act 1985.

(8) Where proceedings are brought for possession of a dwelling-house under the ground in subsection (4), the court shall have the powers set out in section 85 of the Housing Act 1985.”

Leave out Clause 131 and insert the following new Clause—

“Tenancy strategies

(1) A local housing authority in England working with registered providers of social housing in its area, residents, and other stakeholders shall consider appropriate responses to relevant tenancy issues locally.

(2) A local housing authority must publish information detailing the approach taken locally to tenancy issues in any manner it considers appropriate.

(3) This information may include how the local housing authority, registered providers and partners will work together in relation to—

(a) the kinds of tenancies they grant,

(b) the circumstances in which they will grant a tenancy of a particular kind,

(c) where they grant tenancies for a certain term, the lengths of the terms,

(d) the circumstances in which they will grant a further tenancy on the coming to an end of an existing tenancy, and

(e) any other issues as determined appropriate by the local housing authority.

(4) The powers in this section may be exercised by a single local housing authority or by two or more local housing authorities acting jointly.”

The above-named Lords give notice of their intention to oppose the Question that Clause 133 stand part of the Bill.

Page 127, line 26, leave out “two” and insert “seven”

Page 127, line 30, at end insert—

“(2A) Subsection (2) shall not apply to a secure tenancy if immediately before the tenancy was granted the person who became the tenant under the tenancy, or in the case of joint tenants one or more of them, was—

(a) a secure tenant of the same or another dwelling-house, or

(b) an assured tenant of a private registered provider of social housing or a registered social landlord (otherwise than under an assured shorthold tenancy) in respect of the same or another dwelling-house.”

Page 130, line 24, at end insert—

“(3A) In carrying out the review, the reviewing officer shall proceed on the basis of a presumption that a new flexible tenancy for a term at least equivalent to the current or previous fixed term should be granted to the tenant unless the contrary is shown to be in accordance with the authority’s policies, in the interests of good housing management and compliant with Article 8 of the European Convention on Human Rights.”

Page 130, line 24, at end insert—

“(3A) In carrying out the review, the reviewing officer shall presume that a new flexible tenancy for a term at least equivalent to the current or previous fixed term should be granted to the tenant unless the contrary is shown to be in accordance with the authority’s policies, in the interests of good housing management and compliant with Article 8 of the European Convention on Human Rights.”

Page 130, line 46, at end insert—

“107F Exemptions from flexible tenancies

(1) People on disability living allowance, employment and support allowance and those over the age of 65, should be exempt from being offered a flexible tenancy.

(2) The Secretary of State may seek to make further exemptions from flexible tenancies at any time.”

The above-named Lords give notice of their intention to oppose the Question that Clause 135 stand part of the Bill.

Insert the following new Clause—

“Exemptions from flexible tenancy regime

(1) The Secretary of State shall by regulations provide that a secure tenancy shall not be capable of being a flexible tenancy if it falls within one of such classes as shall be prescribed.

(2) The prescribed classes of secure tenancy referred to in subsection (1) shall include—

(a) tenancies granted to a tenant (alone or jointly with others) aged 60 years or more;

(b) tenancies granted to a tenant (alone or jointly with others) in circumstances where the tenant or a member of his or her household suffers from a long-term illness or disability, or has a need for secure accommodation on medical or welfare grounds;

(c) tenancies granted to such other persons as regulations shall provide who have a need for secure accommodation.

(3) In determining whether a tenant falls within one of the prescribed classes of person, the landlord authority shall have regard to guidance issued by the Secretary of State under this section.

(4) Where a tenancy is a secure tenancy by reason of regulations made under this section, it shall be a ground for possession within section 84 of the Housing Act 1985 where the accommodation afforded by the dwelling-house is more extensive than is reasonably required by the tenant.

(5) The court shall not make an order for possession under subsection (4) unless—

(a) it is satisfied that suitable alternative accommodation will be available for the tenant when the order takes effect; and

(b) it considers it reasonable to make the order.

(6) Part IV of Schedule 2 to the Housing Act 1985 shall have effect for determining, for the purpose of subsection (5)(a), whether suitable alternative accommodation will be available for the tenant.

(7) Where the landlord considers that the ground for possession in subsection (4) applies to a tenancy, the court shall not entertain proceedings for possession of the tenancy unless the landlord has complied with the notice requirements in section 83 and subsections (3) and (4) of section 84 of the Housing Act 1985.

(8) Where proceedings are brought for possession of a dwelling-house under the ground in subsection (4), the court shall have the powers set out in section 85 of the Housing Act 1985.”

Page 134, line 15, after “partner” insert “(priority successor)”

Page 134, line 15, at end insert “, or

(c) P is a reserve successor.

A reserve successor is a person who is not a priority successor of the contract holder and who is either a carer or who meets the family member condition.”

Page 134, leave out lines 16 to 24 and insert—

“(2) A person (“P” (reserve successor)) is qualified to succeed the tenant under a secure tenancy of a dwelling-house in England if at the time of the tenant’s death the dwelling-house is not occupied by a spouse or civil partner of the tenant as his or her only or principal home.”

Page 134, leave out lines 27 to 30

Insert the following new Clause—

“Orders for possession: cases in which ground 8 is not available

(1) Section 7 (orders for possession) of the Housing Act 1988 is amended as follows.

(2) In subsection (3) for “subsections (5A) and (6)” substitute “subsections (5A), (6) and (6A)”.

(3) In subsection 4 for “subsections (5A) and (6)” substitute “subsections (5A), (6) and (6A)”.

(4) After subsection (6) insert—

“(6A) If the court is satisfied—

(a) that ground 8 in Part 1 of Schedule 2 to this Act is established; and either

(b) that some rent is in arrears as a consequence of a delay or failure in the payment of relevant housing benefit, or

(c) the landlord is a private registered provider of social housing,

it shall not make an order for possession unless it considers it reasonable to do so.”

(5) After subsection (7) insert—

“(8) In subsection (6A) above—

(a) “relevant housing benefit” means—

(i) any rent allowance or rent rebate to which the tenant was entitled in respect of the rent under the Housing Benefit Regulations 2006; or

(ii) any payment on account of any such entitlement awarded under Regulation 93 of those Regulations;

(b) references to delay or failure in the payment of relevant housing benefit do not include such delay or failure as is referable to any wilful act or omission of the tenant.””

Insert the following new Clause—

“Proceeds from Housing Revenue Account subsidy scheme in Wales

(1) The Secretary of State shall make regulations providing that receipts from the Housing Revenue Account subsidy scheme in Wales shall not be remitted to the Treasury.

(2) The regulations must provide—

(a) that Welsh Ministers shall not remit other funds to the Treasury in lieu of receipts which would have been received from the operation of the Housing Revenue Account subsidy scheme in Wales, and

(b) that the financial effects of the regulations shall begin at the date on which this Act is passed.

(3) The regulations must be laid within 12 months of the passing of this Act and shall be subject to negative resolution procedure.”

Insert the following new Clause—

“Proceeds of sale of social housing

(1) In section 11 of the Local Government Act 2003 (Duty to determine affordable borrowing limit), omit subsections (2)(b), (3) and (4).

(2) Any regulation made under section 11(2)(b) of the Local Government Act 2003 shall cease to have effect from 1 April 2012.”

Leave out Clause 149 and insert the following new Clause—

“Definition of indebtedness

(1) A local authority shall determine and keep under review the amount of housing debt held by that authority.

(2) A determination under this section must have regard to the duty to determine an affordable borrowing limit under Section 3 of the Local Government Act 2003 (duty to determine affordable borrowing limit).

(3) A determination under this section must have regard to any guidance issued or approved by the Secretary of State.

(4) A local housing authority may not hold debt in contravention of a determination under this section.

(5) In this section “housing debt”, in relation to a local housing authority, means debt—

(a) which is held by the authority in connection with the exercises of its functions relating to houses and other property within its Housing Revenue Account, and

(b) interest and other charges in respect of which are required to be carried to the debit of that account.”

The above-named Lords give notice of their intention to oppose the Question that Clause 149 stand part of the Bill.

The above-named Lords give notice of their intention to oppose the Question that Clause 154 stand part of the Bill.

Page 361, line 27, leave out “, unfit or unsuitable” and insert “or unfit”

Page 370, line 24, at end insert—

“In section 122 (payments to members etc.), after subsection (5) insert—

“(5A) Class 4 is payments which are made incidentally to members as a result of their belonging to a class of persons to whom the provider is properly making payments in pursuance of its constitution or objects.

(5B) Class 5 is payments made with the consent of the regulator.””

Page 374, line 10, at end insert—

“17 In section 269 (appointment of new officers), for subsection (2) substitute—

“(2) The regulator may appoint more than four of the officers of a registered provider only if the provider has fewer officers than required by its constitution.””

Page 144, line 7, leave out “must” and insert “may”

Page 144, line 8, leave out “is not “duly made”” and insert “may be made”

Page 144, line 9, leave out “unless it is”

Page 145, leave out lines 16 to 37

Page 149, line 30, at end insert—

“(9) In Part VI of Schedule 1 to the Freedom of Information Act 2000 (public authorities) at the appropriate place insert—

“A Housing Ombudsman.””

Insert the following new Clause—

“Duties of local housing authorities: accommodation needs of Gypsies and Travellers

In section 225 of the Housing Act 2004 (duties of local housing authorities: accommodation needs of gypsies and travellers) after subsection (1) insert—

“(1A) Assessments under subsection (1) shall be carried out no less frequently than every five years.

(1B) Within one year of the date on which the Localism Act 2011 is passed, every local housing authority which has not carried out an assessment under subsection (1) within the previous four years must complete and publish such an assessment.

(1C) Every local housing authority has a duty to provide or to ensure the provision of sufficient accommodation for gypsies and travellers residing in or resorting to their district, having regard to the assessment under subsection (1).

This subsection shall come into force 18 months after the date on which the Localism Act 2011 is passed.””

Insert the following new Clause—

“Exclusion of certain rural dwellings from the preserved right to buy

The preserved right to buy under section 171A of the Housing Act 1985 (cases in which right to buy is preserved) shall not be available in respect of a dwelling-house let by a registered provider of social housing in a rural area designated for the purposes of section 17(1)(b) of the Housing Act 1996 (right of tenant to acquire dwelling: supplementary provisions).”

Insert the following new Clause—

“Tenancy deposit schemes

(1) Section 213 of the Housing Act 2004 (requirements relating to tenancy deposits) is amended as follows.

(2) For subsection (3) substitute—

“(3) Where a landlord receives a tenancy deposit in connection with a shorthold tenancy, the deposit must be protected by the landlord within the period of 14 days beginning with the date on which it is received.”

(3) For subsection (4) substitute—

“(4) For the purposes of this section, a deposit is protected when the landlord complies with such requirements of an authorised scheme as fall to be observed by a landlord for the purpose of subsection (1).”

(4) In subsection (5)(b), omit the word “initial”.

(5) After subsection (8) insert—

“(8A) Where a person becomes the landlord of premises held under a tenancy to which subsection (1) applies, but in respect of which the provisions of subsections (3) and (6) have not been complied with, for the purposes of this section that person shall be deemed to have received the deposit on the date of transfer of the reversion.

(8B) Where a shorthold tenancy in respect of which a tenancy deposit was paid by the tenant began before the commencement date of this section, and after the commencement date a replacement tenancy is entered into, the landlord shall be deemed to have received the deposit for the purposes of this section on the day on which the replacement tenancy began.”

(6) After subsection (9) insert—

“(10) For the purposes of this Chapter, a replacement tenancy is a tenancy (whether of the same premises as those let under the earlier tenancy or otherwise)—

(a) which comes into being on the coming to an end of an assured shorthold tenancy, and

(b) under which, on its coming into being—

(i) the landlord is a person who (alone or jointly with others) was a landlord under the earlier tenancy;

(ii) the tenant is a person who (alone or jointly with others) was a tenant under the earlier tenancy; and

(iii) under which the deposit, or part of the deposit, received by the landlord under the earlier tenancy (or under a previous tenancy) is retained by the landlord.””

Insert the following new Clause—

“Proceedings relating to tenancy deposits

(1) Section 214 of the Housing Act 2004 (proceedings relating to tenancy deposits) is amended as follows.

(2) In subsection (1), for paragraph (a) substitute—

“(a) that the deposit has not been protected in accordance with section 213(3) or that subsection (6) of that section has not been complied with; or”.

(3) In subsection (2), for paragraph (a) substitute—

“(a) that the deposit has not been protected in accordance with subsection (4) or that subsection (6) has not been complied with, or”.

(4) In subsection (3), after paragraph (b) insert “(unless the tenancy in question and any replacement tenancy have ended)”.

(5) For subsection (4) substitute—

“(4) The court must also order the landlord to pay to the applicant such additional sum of money as it shall consider reasonable being not less than the amount of the deposit nor more than three times the amount of the deposit within the period of 14 days beginning with the date of the making of the order.”

(6) After subsection (6) insert—

“(7) In determining the sum of money payable by the landlord under subsection (4), the court shall have regard to all the circumstances, and in particular—

(a) the landlord’s reasons for his failure to comply with his obligations under this Chapter;

(b) whether the landlord knew, or ought to have known, of his obligations; and

(c) the length of time taken by the landlord in complying with his obligations.

(8) In considering the extent of the landlord’s knowledge under subsection (7)(b), the court shall assume that the landlord knew, or ought to have known, of his obligations unless the contrary is proved.

(9) In this section, references to a tenant include any person or persons who is or was the tenant under a tenancy to which section 213(1) relates, or under any replacement tenancy.””

Insert the following new Clause—

“Sanctions for non-compliance

(1) Section 215 of the Housing Act 2004 (sanctions for non-compliance) is amended as follows.

(2) In subsection (1), for paragraphs (a) and (b) substitute—

“(a) the deposit has not been protected (see section 213(4)), or

(b) the deposit is not being held in accordance with an authorised scheme”.”

Insert the following new Clause—

“Community land trusts and leasehold enfranchisement

(1) The Housing and Regeneration Act 2008 is amended as follows.

(2) After section 302, insert—

“302A Community land trust and leasehold enfranchisement

(1) Regulations may make provision for securing that in prescribed circumstances—

(a) an enfranchisement right is not exercisable in relation to dwellings owned (whether freehold or leasehold) by a community land trust as defined in section 79 of this Act, or

(b) the exercise of an enfranchisement right in relation to that land is subject to modifications provided for by the regulations.

(2) Each of the following is an “enfranchisement right”—

(a) the right under Part 1 of the Leasehold Reform Act 1967 to acquire the freehold of a house (enfranchisement),

(b) the right under Chapter 1 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993 (collective enfranchisement in case of tenants of flats), and

(c) the right under section 180 of the Housing and Regeneration Act 2008 (right to acquire social housing).

(3) The regulations may—

(a) confer discretionary powers on the Secretary of State, a community land trust or any other specified person, and

(b) require notice to be given by a community land trust in any case where, as a result of the regulations, an enfranchisement right is not exercisable or is exercisable subject to modifications.””

Insert the following new Clause—

“The Homes and Communities Agency: annual report

In Schedule 1 to the Housing and Regeneration Act 2008 (the Homes and Communities Agency), after sub-paragraph (1)(a) of paragraph 11 insert—

“(aa) state within the report, in particular, the total number of new properties delivered during each year, also specifying, in respect of new properties in the area of each local housing authority—

(i) how many are located within a settlement of fewer than 10,000, and fewer than 3,000, inhabitants;

(ii) the number let on long leases, fixed-term shorthold tenancies, and periodic tenancies;

(iii) levels of rent;

(iv) the number designed for use as housing for older people;

(v) the number designed for use as housing for other vulnerable groups;

(vi) the size as defined by the number of bedrooms;

(vii) such other categories as may appear to the HCA to be appropriate or may be specified by the Secretary of State.””

Insert the following new Clause—

“Standards for private sector lettings and management agents

The Secretary of State may by regulations set the standards that private sector lettings agents and management agents must adhere to.”

Insert the following new Clause—

“Statutory overcrowding: reform of overcrowding standard

(1) Part X of the Housing Act 1985 is amended as follows.

(2) For sections 324 to 332 substitute—

“324 Statutory overcrowding

A dwelling is overcrowded for the purposes of this Part when the number of persons sleeping in the dwelling is such as to contravene the standard specified in section 325 (the overcrowding standard).

325 Overcrowding standard

(1) The overcrowding standard is contravened when the number of rooms in a dwelling which are available as sleeping accommodation is smaller than the number specified in subsection (3), having regard to the number and description of persons who are ordinarily resident in the dwelling.

(2) For the purpose of calculating the number of rooms available as sleeping accommodation, no account shall be taken of a room which is of a type normally used in the locality as a living room or of a kitchen.

(3) The permitted numbers are specified in the table below.

(4) In applying the standard specified in subsection (3)—

(a) no account shall be taken of a room having a floor area of less than 50 square feet;

(b) a room measuring 50 square feet or more but less than 70 square feet shall not be taken to be available for anyone other than one child under 10;

(c) a room measuring more than 70 square feet but less than 90 square feet shall not be taken to be available for anyone other than one person of any age or two children under 10;

(d) a room measuring more than 90 square feet but less than 110 square feet shall not be taken to be available for anyone other than one person of any age or two persons of whom at least one must be a child under 10; and

(e) a room measuring 110 square feet shall be taken to be avialable for two persons of any age.

(5) The Secretary of State may by regulations prescribe the manner in which the floor area of a room is to be ascertained for the purposes of this section; and the regulations may provide for the exclusion from computation of floor space in a part of the room which is less than a specified height not exceeding eight feet.

326 Notice to abate overcrowding

(1) Where a dwelling is found to contravene the overcrowding standard, the local housing authority may serve on the owner or manager of the dwelling notice in writing requiring him to take reasonable steps to abate the overcrowding within 28 days from the date of service of the notice.

(2) For the purposes of subsection (1), a person shall be considered to have taken reasonable steps to abate the overcrowding if he takes such steps as are necessary in law to recover possession of the dwelling or to reduce the number of persons in occupation of the dwelling or if he does any other act which in the opinion of the authority amounts to a reasonable response to the abatement notice.

(3) If, within the period of 28 days following service of an abatement notice under subsection (1), or within such further period as the local housing authority shall in its discretion allow, the owner or manager has not taken reasonable steps to abate the overcrowding, the authority may apply for an order to the county court.

(4) On an application by the local housing authority under subsection (3), the court may order that vacant possession of the dwelling or part of the dwelling be given to the landlord within such period as the court may determine.

(5) An order under subsection (4) may be stayed or suspended for such period and on such conditions as the court shall decide.

(6) In exercising its powers under subsection (4), the court shall have regard to the interests of any tenant or occupier of the premises, and in particular to the security of tenure of any protected or statutory tenant under the Rent Act 1977 or any assured tenant under the Housing Act 1988.

(7) Expenses incurred by the local housing authority under this section in securing possession of a dwelling may be recovered from the landlord or manager by action.

(8) Service of an abatement notice under subsection (1) shall not prevent the authority from serving a prohibition order under section 20 of the Housing Act 2004.”

(3) Omit sections 335 to 344.”

Insert the following new Clause—

“Tenancy relations services

(1) Every local housing authority shall provide a tenancy relations service.

(2) For the purposes of subsection (1), a tenancy relations service shall be operated or managed by a specified officer or officers of the authority and the work of the service shall include—

(a) providing or securing the provision of advice to private sector tenants and landlords concerning their respective rights and obligations;

(b) providing or securing the provision of assistance in the resolution of disputes, including measures for conciliation;

(c) providing and collecting evidence for the purposes of the authority’s powers of enforcement and of prosecution; and

(d) promoting best practice in the private rented sector, or securing that best practice is otherwise promoted.”

Page 176, line 17, after “Mayor” insert “or to the London boroughs or any borough or group of London boroughs within the Greater London Authority area”

Page 176, line 27, at end insert—

“( ) No delegation to the Mayor under subsection (1) above may be made unless the Secretary of State has—

(a) consulted all London boroughs and the City of London on whether the function could be more appropriately and effectively conducted at a more local level by London boroughs, or any borough or group of London boroughs within the Greater London Authority area, and

(b) if a majority of the authorities consulted think that the function could be more appropriately and effectively conducted at borough level, laid a statement before Parliament explaining why the function should not be delegated to a more local level than the Mayor.”

Insert the following new Clause—

“Transport for London: Rail Authority for London

(1) Section 196 of the Greater London Authority Act 1999 (power of Greater London Authority to give instructions or guidance to Franchising Director) is amended as follows.

(2) In subsection (1), for “The Authority may give instructions or guidance to” substitute “Transport for London shall be”.

(3) Omit subsections (2) to (4).

(4) In subsection 5—

(a) in the opening words, omit from “give” to the end;

(b) in paragraph (a), for “prevent or seriously hinder him from complying” substitute “fail to comply”;

(c) omit paragraph (b) (but not the “or” following it).

(5) In subsection (6), for “the Authority” (in both places) substitute “Transport for London”.

(6) In subsection (7), for “instructions or guidance may be given” substitute “the Franchising Director shall act”.

(7) In subsection (8), for “the Authority” (in both places) substitute “Transport for London”.

(8) Omit subsection (9).

(9) For the title substitute “Transport for London to be the Franchising Director”.”

Insert the following new Clause—

“London Transport Users’ Committee

(1) On the day appointed for the commencement of this subsection, the body corporate known as the London Transport Users’ Committee that was established by section 247 of the Greater London Authority Act 1999 (as amended) shall cease to exist.

(2) All statutory powers, duties and responsibilities of the London Transport Users’ Committee shall on the day appointed for the commencement of this subsection vest and devolve in the Greater London Authority and are to be exercised by the London Assembly.

(3) Any appointment to the London Transport Users’ Committee in pursuance of section 247 of the Greater London Authority Act 1999 (as amended) shall cease to have effect and section 247 of that Act (as amended) shall cease to have effect from the commencement of this subsection.

(4) References in enactments, instruments and other documents to London Transport Users’ Committee shall have effect from the commencement of this subsection as references to the London Assembly.

(5) Section 251 of and Schedule 18 to the Greater London Authority Act 1999 (as amended) shall cease to have effect from the commencement of this subsection.

(6) Section 248 of the Greater London Authority Act 1999 (as amended) shall be amended by omitting the words “Authority or” in subsection (1)(a) and by omitting the words “or the Authority” in subsection (3)(b).

(7) Section 249 of the Greater London Authority Act 1999 (as amended) shall be amended by omitting subsection (3).

(8) Section 250 of the Greater London Authority Act 1999 (as amended) shall be amended by omitting subsection (1)(a), the words “the Assembly and” in subsection (2) and the words “the Assembly” in subsection (3).

(9) Section 252A of the Greater London Authority Act 1999 (as amended) shall be amended by substituting the words “the Committee” for the words “the London Transport Users’ Committee” in subsection (2)(a).

(10) Section 252B of the Greater London Authority Act 1999 (as amended) shall be amended by omitting the words “the London Assembly” in subsection (1)(b).”

Insert the following new Clause—

“Administrative, professional and technical services

(1) Section 401A of the Greater London Authority Act 1999 (administrative, professional and technical services) is amended as follows.

(2) In subsection (1) after paragraph (a) insert—

“(aa) the Commissioner of Police for the Metropolis,

(ab) the Homes and Communities Agency,

(ac) the Lee Valley Regional Park Authority,

(ad) the London Pensions Fund Authority,

(ae) the London Transport Users Committee,”.”

Insert the following new Clause—

“Local enterprise partnerships

The Secretary of State must take steps within three months of the passing of this Act to introduce a model constitution for the formation of local enterprise partnerships.”

Insert the following new Clause—

“(1) On the day appointed for the commencement of this subsection, the body corporate known as the London Transport Users’ Committee that was established by section 247 of the Greater London Authority Act 1999 (as amended) shall cease to exist.

(2) All statutory powers, duties and responsibilities of the London Transport Users’ Committee shall on the day appointed for the commencement of this subsection vest and devolve in the Greater London Authority and are to be exercised by the London Assembly.

(3) Any appointment to the London Transport Users’ Committee in pursuance of section 247 of the Greater London Authority Act 1999 as amended shall cease to have effect and section 247 of the GLA Act 1999 (as amended) shall cease to have effect from the commencement of this subsection.

(4) References in enactments, instruments and other documents to London Transport Users’ Committee established by section 247 of the 1993 Act shall have effect from the commencement of this subsection as references to the London Assembly.

(5) Section 251 of and Schedule 18 to the Greater London Authority Act 1999 (as amended) shall cease to have effect from the commencement of this subsection.

(6) Section 248 of the Greater London Authority Act 1999 (as amended) shall be amended by the omission of the words “Authority or” in subsection (1)(a) and by the omission of the words “or the Authority” in subsection (3)(b).

(7) Section 249 of the Greater London Authority Act 1999 (as amended) shall be amended by the omission of subsection (3).

(8) Section 250 of the Greater London Authority Act 1999 (as amended) shall be amended by the omission of subsection (1)(a) “to the Assembly”, the words “the Assembly and” in subsection (2) and the words “the Assembly” in subsection (3).

(9) Section 252A of the Greater London Authority Act 1999 (as amended) shall be amended by the substitution of the words “the Committee” for the words “the London Transport Users’ Committee” in subsection (2)(a).

(10) Section 252B of the Greater London Authority Act 1999 (as amended) shall be amended by the omission of the words “the London Assembly” in subsection (1)(b).”

Page 183, line 6, at end insert—

“( ) an order under section 31(3A);”

Page 183, line 6, at end insert—

“( ) an order under section 36(2A) or (3);”

Page 405, leave out lines 8 and 9

Page 186, line 46, at end insert—

“( ) Chapter 1 of Part 4 may not be commenced until universal individual voter registration has been introduced.”