Localism Bill

FOURTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

The amendments have been marshalled in accordance with the Instruction of 14th June 2011, as follows—

Clauses 22 to 59
Schedules 5 and 6
Clauses 60 to 66
Schedule 7
Clauses 67 to 94
Schedule 8
Clauses 95 to 101
Schedules 9 to 11
Clauses 102 to 106
Schedule 12
Clauses 107 to 112
Schedule 13
Clauses 113 to 138
Schedule 14
Clauses 139 to 145
Schedule 15
Clauses 146 to 156
Schedule 16
Clause 157
Schedule 17
Clauses 158 to 161
Schedule 18
Clauses 162 to 171
Schedules 19 and 20
Clauses 172 to 174
Schedule 21
Clauses 175 to 198
Schedule 22
Clauses 199 to 201
Schedule 23
Clauses 202 to 207
Schedule 24
Clauses 208 to 211
Schedule 25
Clauses 212 to 215

[Amendments marked * are new or have been altered]

Clause 42

BARONESS HANHAM

120A

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.”

LORD GREAVES

LORD RENNARD

120B

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

120C

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

Clause 43

BARONESS HANHAM

120D

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,”

LORD GREAVES

LORD RENNARD

120E

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

BARONESS HANHAM

120F

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).”

LORD GREAVES

LORD RENNARD

120G

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.”

120H

Page 38, line 39, at end insert “or

(iii) a parish.”

LORD BEECHAM

LORD MCKENZIE OF LUTON

LORD PATEL OF BRADFORD

120J

Page 38, line 39, at end insert—

“( ) such area as may be determined by the authority.”

LORD TRUE

EARL CATHCART

121

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

Clause 44

BARONESS HANHAM

121A

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

LORD SHIPLEY

LORD TOPE

LORD BEECHAM

122

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

EARL CATHCART

LORD TRUE

123

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

124

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

LORD GREAVES

LORD RENNARD

124A

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

BARONESS HANHAM

124B

Page 39, line 2, at end insert—

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

LORD GREAVES

LORD RENNARD

124C

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

BARONESS HANHAM

124D

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

After Clause 44

LORD GREAVES

LORD RENNARD

124E

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.”

Clause 45

EARL CATHCART

LORD TRUE

125

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

126

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

Clause 46

LORD GREAVES

LORD TOPE

126ZZA

Page 39, line 23, leave out paragraph (b)

LORD JENKIN OF RODING

126ZA

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.”

LORD GREAVES

LORD TOPE

 

The above-named Lords give notice of their intention to oppose the Question that Clause 46 stand part of the Bill.

Clause 47

LORD GREAVES

LORD RENNARD

126A

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

126B

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

126C

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

LORD BEECHAM

LORD MCKENZIE OF LUTON

LORD PATEL OF BRADFORD

126CA

Page 40, line 18, at end insert—

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

LORD GREAVES

LORD RENNARD

126D

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

126E

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.”

126F

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

BARONESS HANHAM

126G

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

LORD GREAVES

LORD RENNARD

126H

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

LORD LUCAS

LORD JENKIN OF RODING

LORD BERKELEY

127

Page 40, line 28, at end insert—

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

THE EARL OF LYTTON

128

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.”

LORD GREAVES

LORD RENNARD

128A

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.”

LORD BEST

LORD GREAVES

128B

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.”

LORD BERKELEY

128C

Page 40, line 28, at end insert—

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

LORD GREAVES

LORD RENNARD

128D

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.”

After Clause 47

BARONESS HANHAM

128E

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.”

LORD GREAVES

LORD TOPE

[As an amendment to amendment 128E]

128EZA

Line 22, after “area” insert “or part of the area”

Clause 48

LORD JENKIN OF RODING

128EA

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

BARONESS HANHAM

128F

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

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

128G

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.”

LORD GREAVES

LORD RENNARD

128H

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

128J

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

Clause 49

BARONESS HANHAM

128K

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”

LORD GREAVES

LORD RENNARD

128L

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

128M

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

BARONESS HANHAM

128N

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”

128P

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”

LORD GREAVES

LORD RENNARD

128Q

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

Clause 50

LORD GREAVES

LORD RENNARD

 

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

Clause 51

LORD GREAVES

LORD TOPE

128QA

Page 42, line 7, leave out paragraph (b)

LORD GREAVES

LORD RENNARD

128R

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

128S

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

Clause 52

LORD GREAVES

LORD RENNARD

128T

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

128U

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

128V

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

LORD GREAVES

LORD TOPE

128VA

Page 42, line 36, leave out paragraph (b)

LORD GREAVES

LORD RENNARD

128W

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

Clause 53

LORD GREAVES

LORD RENNARD

128X

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

128Y

Page 43, line 11, insert—

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

128Z

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

128AA

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.”

After Clause 53

EARL CATHCART

LORD TRUE

129

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.”

Clause 54

LORD GREAVES

LORD RENNARD

129A

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

129B

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

129C

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

LORD BEECHAM

LORD MCKENZIE OF LUTON

LORD PATEL OF BRADFORD

129CZA

Page 43, line 42, at end insert “and the Local Government Association”

Clause 55

LORD JENKIN OF RODING

129CA

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.”

LORD GREAVES

LORD TOPE

129CAA

Page 44, line 10, leave out from beginning to “must” and insert “The authority”

LORD GREAVES

LORD RENNARD

129D

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

129E

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

Clause 56

LORD GREAVES

LORD RENNARD

 

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

After Clause 56

LORD GREAVES

LORD RENNARD

129F

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).”

Clause 57

BARONESS HANHAM

129G

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)”

Clause 58

LORD GREAVES

LORD RENNARD

129H

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

BARONESS HANHAM

129J

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).”

LORD GREAVES

LORD RENNARD

129K

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

129L

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

Clause 59

LORD TOPE

LORD GREAVES

 

The above-named Lords give notice of their intention to oppose the Question that Clause 59 stand part of the Bill.

Schedule 5

LORD GREAVES

LORD TOPE

129LZZA*

Page 263, line 11, leave out “excessive” and insert “higher than the level recommended by the Secretary of State under the provisions of this Chapter”

129LZZB*

Page 263, line 14, leave out “excessive” and insert “higher than the level recommended by the Secretary of State under the provisions of this Chapter”

129LZZC*

Page 263, line 16, leave out “excessive” and insert “higher than the level recommended by the Secretary of State under the provisions of this Chapter”

129LZZD*

Page 263, line 20, leave out “excessive” and insert “higher than the level recommended by the Secretary of State under the provisions of this Chapter”

129LZZE*

Page 263, line 22, leave out “excessive” and insert “higher than the level recommended by the Secretary of State under the provisions of this Chapter”

129LZZF*

Page 263, line 25, leave out “excessive” and insert “higher than the level recommended by the Secretary of State under the provisions of this Chapter”

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

129LZA

Page 264, line 27, at end insert “, and must be accompanied by the reasons for determining why there should be different categories of authority for the year under consideration”

129LZB

Page 265, line 43, after “rates,” insert “non-domestic rates,”

BARONESS HANHAM

129LA

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

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

129LAA

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.”

129LAB

Page 268, line 13, after “rates,” insert “non-domestic rates,”

LORD GREAVES

LORD TOPE

129LABA*

Page 270, leave out lines 30 to 43

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

LORD GREAVES

129LAC

Page 271, leave out lines 19 to 22

BARONESS HANHAM

129LB

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

129LC

[Withdrawn]

129LD

[Withdrawn]

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

129LE

Page 274, leave out lines 11 to 25

LORD GREAVES

LORD TOPE

129LEA*

Page 274, line 38, leave out from beginning to end of line 22 on page 276

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

129LF

Page 274, line 39, at beginning insert “Subject to subsection (1A),”

129LG

Page 274, line 47, at the end insert—

“(1A) Where an authority’s council calculations are such as to produce a relevant basic amount of council tax calculations that is excessive by reference to the principles determined by the Secretary of State for the year, the authority concerned may seek an independent assessment of whether—

(a) the authority will be unable to discharge its functions in an effective manner, or

(b) the authority will be unable to meet its financial obligations,

unless this is the case.

(1B) Such an independent assessment must be carried out—

(a) by a person agreed by the Secretary of State and the authority; or

(b) in the absence of agreement, by a person appointed by the Chartered Institute of Public Finance and Accountancy.

(1C) The Secretary of State must give a direction under paragraph 52ZR(1) if an independent assessment determines that the authority would be unable to discharge its functions or meet its financial obligations.”

BARONESS HANHAM

129M

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.”

129N

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

129P

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.”

129Q

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

129R

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”

129S

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

129T

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”

129U

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.”

Clause 68

LORD GREAVES

LORD TOPE

129V

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

LORD PATEL OF BRADFORD

LORD BEECHAM

LORD MCKENZIE OF LUTON

129W

Page 57, line 28, at end insert—

“( ) the expression of interest includes evidence that a substantial number of the service users affected by the service support the expression of interest.”

LORD JENKIN OF RODING

LORD TRUE

130

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”

LORD GREAVES

LORD TOPE

130ZA

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

130ZB

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

LORD BEECHAM

130ZBA

Page 57, line 42, at end insert—

“( ) Before making regulations under subsection (4), the Secretary of State must consult—

(a) the Local Government Association;

(b) any public bodies to whom the section applies.”

LORD GREAVES

LORD TOPE

130ZC

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,”

LORD GREAVES

BARONESS HAMWEE

130ZD

Page 58, line 6, leave paragraph (d)

LORD SHIPLEY

130ZE

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

BARONESS THORNTON

BARONESS LISTER OF BURTERSETT

LORD PATEL OF BRADFORD

LORD GREAVES

130A

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”

LORD JENKIN OF RODING

LORD TRUE

131

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,”

LORD GREAVES

LORD TOPE

131ZA

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

LORD GREAVES

BARONESS HAMWEE

131ZB

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

BARONESS THORNTON

BARONESS LISTER OF BURTERSETT

LORD PATEL OF BRADFORD

LORD MAWSON

131A

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”

LORD BEECHAM

131AA

Page 58, line 14, after “surplus” insert “is required to be and”

LORD GREAVES

LORD TOPE

131B

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

131C

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

131D

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.”

LORD BEECHAM

131DA

Page 58, line 18, leave out subsection (9)

LORD GREAVES

BARONESS HAMWEE

131E

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

131F

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

LORD GREAVES

LORD TOPE

131G

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

131H

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

LORD GREAVES

BARONESS HAMWEE

131J

Page 58, line 23, at end insert—

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

131K

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.”

After Clause 68

LORD JENKIN OF RODING

132

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.”

LORD LUCAS

LORD GREAVES

LORD JENKIN OF RODING

133

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.”

Clause 69

LORD SHIPLEY

133ZA

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

133ZB

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

LORD GREAVES

LORD TOPE

LORD BEECHAM

133ZC

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

Clause 70

LORD GREAVES

LORD TOPE

133ZD

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.”

LORD BEECHAM

133ZDA

Page 59, line 3, at end insert “but in the case of an expression of interest from a relevant body as defined by section 68(5)(d) only if a majority of the workforce likely to be affected by such a procurement exercise consents to it”

LORD GREAVES

LORD TOPE

133ZE

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

LORD BEECHAM

133ZEA

Page 59, line 7, leave out subsection (4) and insert—

“(4) The relevant authority will determine and publicise the minimum and maximum period between accepting an expression of interest and beginning the procurement exercise.”

133ZEB

Page 59, line 14, at end insert “and whether EU competition or procurement law will or would be likely to apply in which case it may reject the expression of interest”

LORD PATEL OF BRADFORD

LORD BEECHAM

LORD MCKENZIE OF LUTON

133ZEC*

Page 59, line 14, at end insert—

“( ) A relevant authority must, in considering an expression of interest, consider whether acceptance of the expression of interest would promote or improve equality in service provision within the authority’s area.”

LORD GREAVES

LORD TOPE

133ZF

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

133ZG

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.”

133ZH

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.”

133ZJ

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).”

LORD GREAVES

BARONESS HAMWEE

133ZK

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

Clause 71

LORD GREAVES

LORD TOPE

133ZL

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.

After Clause 71

LORD GREAVES

BARONESS HAMWEE

133ZM

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.”

Clause 72

LORD GREAVES

LORD TOPE

 

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

Clause 73

LORD GREAVES

BARONESS HAMWEE

133ZN

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

LORD GREAVES

LORD TOPE

133ZP

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.”

LORD PATEL OF BRADFORD

LORD MCKENZIE OF LUTON

LORD BEECHAM

 

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

After Clause 73

LORD WILLS

LORD GREAVES

133A

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).”

LORD WILLS

133B

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.””

133C

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.”

Clause 74

LORD GREAVES

LORD TOPE

133D

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

133E*

Page 61, line 9, leave out subsection (3)

LORD HOWARD OF RISING

134

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

135

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

LORD GREAVES

LORD TOPE

135A*

Page 61, line 16, at end insert “or different periods according to the type of asset of the provision made under subsection (5)”

LORD HODGSON OF ASTLEY ABBOTTS

136

Page 61, line 19, at end insert—

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

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

 

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

Clause 75

LORD COTTER

LORD JENKIN OF RODING

136ZA

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”

LORD GREAVES

LORD TOPE

136ZB*

Page 62, line 21, at end insert—

“( ) For the purposes of this section “land of community value” does not include—

(a) an allotment, common, open space, nature reserve or playing field in the ownership or management of a national or local authority or a charity whose purpose includes the management or conservation of that land for the public benefit,

(b) access land, or

(c) land governed by an approved estate management scheme under section 19 of the Leasehold Reform Act 1967 or section 69 of the Leasehold Reform, Housing and Urban Development Act 1993.”

136ZC*

Page 62, line 22, at end insert—

““access land” means—

(a) “access land” within the meaning of section 1 of the Countryside and Rights of Way Act 2000,

(b) land subject to an access agreement or order under Part 5 of the National Parks and Access to the Countryside Act 1949, or

(c) land over which the public have access under section 15 or 16 of the Ancient Monuments and Archaeological Areas Act 1979;

“allotment” means any allotment set out as a fuel allotment or a field garden allotment under an Inclosure Act;

“common” includes any land subject to being enclosed under the Inclosure Acts 1845 to 1882, and any town or village green;

“open space” means any land which is—

(a) laid out as a public garden,

(b) used for the purposes of public recreation, or

(c) a disused burial ground;”

LORD GARDINER OF KIMBLE

EARL CATHCART

136ZD*

Leave out Clause 75 and insert the following new Clause—

“Land of community value

(1) With the exception of buildings or other land specified in regulations or of a description specified in regulations made by the appropriate authority, a building or other land in the local authority’s area is of community value if in the opinion of the local authority—

(a) it satisfies the primary requirements in all cases; and

(b) it satisfies the secondary requirement where the local authority considers that it is appropriate to take this into account in the circumstances of the particular case.

(2) The primary requirement is that the building or other land furthers or has recently furthered the social wellbeing or interests of the local community.

(3) The primary requirement is that the building or other land furthers or has recently furthered the economic or environmental wellbeing or interests of the local community.

(4) In deciding whether a building or other land is of community value, the local authority must take into account—

(a) the current or former use of the building or other land;

(b) any different use proposed by the nominator;

(c) planning policies relating to the land;

(d) statutory provisions which restrict or may in future restrict the use or disposal of the land;

(e) the availability locally of other land which has the same use or may in the future have the same use as the recent, current or proposed future use of the nominated land;

(f) evidence of local opinion as to whether the land should be listed; and

(g) any other matter it considers relevant.

(5) For the purpose of deciding whether the primary requirement is satisfied, furtherance of social wellbeing includes use for cultural, sport and recreation purposes.”

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

LORD JENKIN OF RODING

 

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

Clause 76

BARONESS THORNTON

BARONESS LISTER OF BURTERSETT

LORD PATEL OF BRADFORD

LORD MAWSON

136A

Page 62, line 38, at end insert—

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

LORD GARDINER OF KIMBLE

EARL CATHCART

136B*

Page 62, line 43, leave out “a person specified, or” and insert “voluntary and community bodies with a local connection”

LORD GREAVES

LORD TOPE

136C*

Page 63, line 2, at end insert—

“( ) Regulations under subsection (2)(b)(iii) may in particular permit a person or body specified to represent sections of a community—

(a) with a particular interest, disability or advantage, or

(b) who have a common private right to use land by virtue of their ownership or occupation of neighbouring property.”

LORD GREAVES

LORD TOPE

LORD JENKIN OF RODING

 

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

Clause 77

LORD HOWARD OF RISING

137

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

138

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

139

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

LORD COTTER

139A

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.”

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

 

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

Clause 78

LORD HOWARD OF RISING

140

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

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

 

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

Clause 79

LORD HOWARD OF RISING

141

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

141A

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

141B

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

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

 

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

Clause 80

LORD HOWARD OF RISING

142

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

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

 

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

Clause 81

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

 

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

Clause 82

BARONESS HANHAM

142A

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

LORD HODGSON OF ASTLEY ABBOTTS

143

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

LORD COTTER

143ZA

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”

BARONESS HANHAM

143ZB

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

143ZC

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

143ZD

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

BARONESS THORNTON

BARONESS LISTER OF BURTERSETT

LORD PATEL OF BRADFORD

143A

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”

LORD HODGSON OF ASTLEY ABBOTTS

144

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.”

LORD GARDINER OF KIMBLE

EARL CATHCART

144A*

Page 66, line 23, after “land” insert—

“(a) where that land is part of a larger parcel of land held as a single legal estate;

(b) to transfers—

(i) made other than for value;

(ii) between members of the same family, whether for value or not;

(iii) due to inheritance; or

(iv) between companies in the same group;

(v) occasioned by resignation or death of partners in a firm or trustees of a trust, or between trustees of a single trust; or

(c) ”

LORD HOWARD OF RISING

145

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.”

LORD HODGSON OF ASTLEY ABBOTTS

146

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.”

147

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

BARONESS THORNTON

BARONESS LISTER OF BURTERSETT

LORD PATEL OF BRADFORD

LORD MAWSON

147A

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

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

 

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

Clause 83

BARONESS HANHAM

147B

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

147C

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

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

 

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

Clause 84

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

 

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

After Clause 84

BARONESS HANHAM

147D

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.”

LORD GREAVES

LORD TOPE

147DA*

Insert the following new Clause—

“Local authority addition powers for assets of community value

(1) A local authority may acquire and make fit for community use any land that is included in the authority’s list of assets of community value.

(2) An acquisition under subsection (1) may be by compulsory purchase if authorised by the Secretary of State.

(3) Any land acquired under subsection (1) or any interest in it less than that acquired may be sold or let to a community interest group or to a person representative of the group.

(4) A sale or letting under subsection (3) may, subject to appropriate restrictions of use and further disposal, be at less than the full market value.

(5) A local authority may contribute the whole or part of any expenditure that is incurred by or on behalf of a community interest group in the acquisition, improvement or maintenance of a community asset subject to appropriate conditions.”

Clause 85

BARONESS HANHAM

147E

Page 68, line 9, at end insert—

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

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

 

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

Clause 86

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

 

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

Clause 87

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

 

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

After Clause 87

BARONESS HANHAM

147F

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.”

Clause 88

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

 

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

Clause 89

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

 

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

Clause 90

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

 

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

Clause 91

LORD GREAVES

LORD TOPE

147FA*

Page 70, line 19, at end insert—

“( ) a national park authority, or

( ) the Broads Authority.”

147FB*

Page 70, line 25, at end insert—

“( ) a national park authority.”

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

 

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

Clause 92

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

 

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

Clause 93

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

 

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

Before Clause 94

LORD GREAVES

THE LORD BISHOP OF EXETER

LORD MCKENZIE OF LUTON

147FC*

Insert the following new Clause—

Before Clause 94, “The purpose of planning

Before section 1 of the Planning and Compulsory Purchase Act 2004 insert—

“A1 Purpose of planning

(1) The purpose of the planning system is to achieve sustainable development.

(2) Any person exercising functions and duties under the planning Acts must do so with the objective of furthering the achievement of sustainable development and shall have regard in doing so to any guidance given for that purpose by the Secretary of State.

A2 Interpretation

In this Act—

(a) “sustainable development” means development that meets the social, economic and environmental needs of the present without compromising the ability of future generations to meet their own needs and includes the application of the following principles—

(i) living within environmental limits,

(ii) ensuring a strong, healthy and just society;

(iii) achieving a sustainable economy;

(iv) promoting good governance;

(v) using sound science responsibly;

(b) “the planning Acts” include—

(i) the Localism Act 2011;

(ii) the Planning Act 2008;

(iii) the Planning and Energy Act 2008;

(iv) the Planning and Compulsory Purchase Act 2004;

(v) the Town and Country Planning Act 1990;

(vi) the Planning (Listed Buildings and Conservation Areas) Act 1990;

(vii) the Planning (Hazardous Substances) Act 1990; and

(viii) the Planning (Consequential Provisions) Act 1990.”

Clause 95

LORD WHITTY

147G

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”

LORD COTTER

147H

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.”

LORD WHITTY

147J

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

147K

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

THE EARL OF LYTTON

147L

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.”

After Clause 95

BARONESS GREENGROSS

148

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.””

Clause 96

LORD COTTER

148ZZA

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 (3A).

(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.””

After Clause 96

BARONESS SMITH OF BASILDON

LORD MCKENZIE OF LUTON

BARONESS ANDREWS

148ZZB

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.””

Clause 100

LORD JENKIN OF RODING

148ZZC

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.””

148ZZD*

Page 79, line 37, at end insert “ infrastructure in an approved charging schedule in ”

Schedule 9

BARONESS HANHAM

148ZA

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”

148ZB

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.”

LORD JENKIN OF RODING

148ZC

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

“(a)”

148ZD

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.”

LORD GREAVES

LORD TOPE

148ZE

Page 305, line 15, after “with,” insert “the Equality Act 2010,”

BARONESS THORNTON

148A

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”

LORD COTTER

148AZA

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,”

BARONESS HANHAM

148AA

Page 307, leave out line 24

148AB

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.”

LORD GREAVES

LORD TOPE

148ABA

Page 307, line 40, at end insert—

“( ) A neighbourhood forum designated under this section is to be taken for the purposes of section 6(3)(b) of the Human Rights Act 1998 and section 149(2) of the Equality Act 2010 to be exercising a function of a public nature when exercising functions under this Act.”

BARONESS HANHAM

148AC

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

148AD

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,”

LORD TRUE

148ADA

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,”

LORD JENKIN OF RODING

148ADB

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.”

148ADC

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.”

LORD TRUE

148ADD

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

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

148ADE

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.”

BARONESS HANHAM

148AE

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.”

148AF

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

LORD RENFREW OF KAIMSTHORN

148B

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

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

LORD JENKIN OF RODING

148C

Page 311, line 4, at end insert—

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

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

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

BARONESS GARDNER OF PARKES

149

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.”

LORD RENFREW OF KAIMSTHORN

149A

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.”

BARONESS HANHAM

149B

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

149C

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

149D

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

LORD LUCAS

150

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.””

BARONESS SMITH OF BASILDON

LORD MCKENZIE OF LUTON

BARONESS ANDREWS

150ZA

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.”

BARONESS HANHAM

150A

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”

150B

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.”

LORD GREAVES

LORD TOPE

150C

Page 315, line 9, after “with,” insert “the Equality Act 2010,”

LORD LUCAS

151

Page 316, line 20, at end insert—

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

152

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.”

LORD BEST

LORD TYLER

152ZA*

Page 317, line 27, at end insert—

“(8) In section 39 (sustainable development), in subsection (1) at the end of paragraph (b) insert—

“(c) in relation to a neighbourhood development plan.””

Schedule 10

LORD LUCAS

152A

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.”

BARONESS HANHAM

152B

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.”

LORD GREAVES

LORD TOPE

152C

Page 319, line 3, at end insert—

“( ) requiring an equalities impact assessment of the proposals,”

LORD LUCAS

153

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

LORD BEST

LORD TYLER

153ZA*

Page 321, line 31, at end insert—

“( ) having special regard to the desirability of achieving good design, it is appropriate to make the order,”

BARONESS THORNTON

153A

Page 322, line 42, at end insert—

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

BARONESS HANHAM

153AA

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

153AB

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

153AC

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

153AD

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

153AE

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

153AF

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.”

153AG

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

153AH

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

Schedule 11

LORD JENKIN OF RODING

153AHA

Page 330, line 47, at end insert—

“Directions given under development orders

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.”

BARONESS HANHAM

153AJ

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

153AK

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.”

After Clause 105

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

153AKA

Insert the following new Clause—

“Planning and Compulsory Purchase Act 2004: retail diversity

After section 15 of the Planning and Compulsory Purchase Act 2004 (local development scheme) insert—

“15A Retail diversity

(1) The local planning authority must prepare and maintain a scheme to be known as their “retail diversity scheme”.

(2) The retail diversity scheme must form part of the local development scheme within two years of the local development scheme being published or within two years of this Act being passed, whichever is later.

(3) The scheme must—

(a) define a network and hierarchy of retail centres in the local authority area,

(b) assess the need for development in retail centres,

(c) identify sites for development based on the sequential approach, and

(d) promote retail diversity.

(4) In this section—

“retail diversity” means a mix of retail provision that meets the requirements of the local catchment area in terms of range and quality of comparison and convenience retail businesses;

“sequential approach” means that local planning authorities must identify sites that are suitable, available and viable for development in the following order—

(a) locations in appropriate existing centres;

(b) edge of centre locations, with preference given to sites that are or will be well connected to existing retail centres; and

(c) out of centre sites with preference given to sites well served by a choice of transport and closest to an existing centre.

(5) The Secretary of State may direct the local planning authority to make such amendments to the scheme as the Secretary of State thinks appropriate.

(6) Any direction given under subsection (5) must include the Secretary of State’s reasons for giving the direction.

(7) The local planning authority must consult the local community in developing the scheme.

(8) The local community to be consulted under subsection (7) must include—

(a) a parish council or parish councils authorised to act in relation to the neighbourhood area or areas to which the retail diversity scheme relates subject to section 61F of the Town and Country Planning Act 1990,

(b) a “qualifying body” authorised to act in relation to the neighbourhood area or areas to which the retail diversity scheme relates subject to section 61F of the Town and Country Planning Act 1990, and

(c) any other local person at the discretion of the local planning authority.

(9) Where a retail planning application is submitted and there is no retail diversity scheme in place—

(a) the applicant must provide a statement to the local planning authority that sets out how the development impacts on the criteria identified in subsection (3), and

(b) the local planning authority must consult the local community,

before the local planning authority may reach a decision on the application.””

Schedule 12

BARONESS HANHAM

153AL

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

Clause 107

LORD JENKIN OF RODING

153AM

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

“Consultation: code of best practice

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—”

153AN

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.”

LORD RENFREW OF KAIMSTHORN

153B

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.”

LORD JENKIN OF RODING

153C*

Page 85, line 35, leave out from beginning to end of line 35 on page 86

Clause 108

LORD AVEBURY

BARONESS WHITAKER

154

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

BARONESS GARDNER OF PARKES

155

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.”

Clause 109

BARONESS HANHAM

155A

Page 89, line 17, leave out from beginning to “and” in line 19 and insert “apparent breach, or any of the matters constituting the apparent breach, has (to any extent) been deliberately concealed by any person or persons,”

155B

Page 89, leave out lines 22 to 25

After Clause 109

BARONESS HANHAM

155C

Insert the following new Clause—

“Assurance as regards prosecution for person served with enforcement notice

In the Town and Country Planning Act 1990 after section 172 (issue and service of enforcement notice) insert—

“172A Assurance as regards prosecution for person served with notice

(1) When, or at any time after, an enforcement notice is served on a person, the local planning authority may give the person a letter—

(a) explaining that, once the enforcement notice had been issued, the authority was required to serve the notice on the person,

(b) giving the person one of the following assurances—

(i) that, in the circumstances as they appear to the authority, the person is not at risk of being prosecuted under section 179 in connection with the enforcement notice, or

(ii) that, in the circumstances as they appear to the authority, the person is not at risk of being prosecuted under section 179 in connection with the matters relating to the enforcement notice that are specified in the letter,

(c) explaining, where the person is given the assurance under paragraph (b)(ii), the respects in which the person is at risk of being prosecuted under section 179 in connection with the enforcement notice, and

(d) stating that, if the authority subsequently wishes to withdraw the assurance in full or part, the authority will first give the person a letter specifying a future time for the withdrawal that will allow the person a reasonable opportunity to take any steps necessary to avoid any risk of prosecution that is to cease to be covered by the assurance.

(2) At any time after a person has under subsection (1) been given a letter containing an assurance, the local planning authority may give the person a letter withdrawing the assurance (so far as not previously withdrawn) in full or part from a time specified in the letter.

(3) The time specified in a letter given under subsection (2) to a person must be such as will give the person a reasonable opportunity to take any steps necessary to avoid any risk of prosecution that is to cease to be covered by the assurance.

(4) Withdrawal under subsection (2) of an assurance given under subsection (1) does not withdraw the assurance so far as relating to prosecution on account of there being a time before the withdrawal when steps had not been taken or an activity had not ceased.

(5) An assurance given under subsection (1) (so far as not withdrawn under subsection (2)) is binding on any person with power to prosecute an offence under section 179.””

Clause 110

BARONESS GARDNER OF PARKES

156

Page 90, line 22, at end insert—

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

Clause 111

LORD BORRIE

LORD BLACK OF BRENTWOOD

LORD SMITH OF FINSBURY

157

Page 92, line 20, at end insert “and

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

LORD BORRIE

LORD BLACK OF BRENTWOOD

LORD SMITH OF FINSBURY

LORD RODGERS OF QUARRY BANK

158

Page 93, line 16, at end insert—

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

LORD BORRIE

LORD BLACK OF BRENTWOOD

LORD SMITH OF FINSBURY

159

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

160

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

161

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

162

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

163

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

164

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

165

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

166

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

BARONESS HANHAM

166ZA

Page 100, leave out lines 21 and 22

After Clause 112

LORD WIGLEY

166A

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.”

166B

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.”

Schedule 13

LORD JENKIN OF RODING

166C

Page 344, line 19, at end insert—

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

166D

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,”.”

166E

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,”.”

166F

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).””

166G

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

“(a)”

166H

Page 346, line 10, at end insert—

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

166J

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”.”

166K

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.””

166L

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

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

166M

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).”

166N

Page 348, line 15, at end insert—

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

166P

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.””

166Q

Page 348, line 21, at end insert—

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

166R

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,”.”

166S

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

166T

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.”

Clause 113

LORD JENKIN OF RODING

166U

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.”

Clause 114

LORD JENKIN OF RODING

166V

Page 105, line 40, at end insert—

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

Clause 115

BARONESS HANHAM

166VA

Page 106, line 12, leave out “subsection (5)” and insert “this section”

166VB

Page 106, leave out lines 20 to 24

166VC

Page 106, line 26, at end insert—

“(8A) An order under subsection (5) may not affect—

(a) a requirement for a devolved consent to be obtained for, or given in relation to, development, or

(b) whether development may be authorised by a devolved consent.

(8B) A consent is “devolved” for the purposes of subsection (8A) if—

(a) provision for the consent would be within the legislative competence of the National Assembly for Wales if the provision were contained in an Act of the Assembly,

(b) provision for the consent is, or could be, made by the Welsh Ministers in an instrument made under an Act,

(c) the consent is not within subsection (6)(c) and the Welsh Ministers have a power or duty—

(i) to decide, or give directions as to how to decide, whether the consent is given,

(ii) to decide, or give directions as to how to decide, some or all of the terms on which the consent is given, or

(iii) to revoke or vary the consent, or

(d) the consent is within subsection (6)(c) and the notice has to be given to the Welsh Ministers or otherwise brought to their attention.”

Clause 116

LORD JENKIN OF RODING

166VCA*

Page 108, line 44, at end insert—

“( ) The Secretary of State shall set out in regulations the process for decision-making, including when the Secretary of State, having received a recommendation on a nationally significant infrastructure project, is minded to disagree with that recommendation, and wishes to seek supplementary information from developers and other interested parties.”

After Clause 120

BARONESS HANHAM

166VD

Insert the following new Clause—

“Acceptance of applications for development consent

(1) The Planning Act 2008 is amended as follows.

(2) In section 55(3) (conditions for acceptance of application) omit paragraphs (b) and (d) (application may be accepted only if it complies with requirements as to form and contents and with any standards set, and gives reasons for any failure to follow applicable guidance).

(3) In section 55(3) after paragraph (e) insert “, and

(f) that the application (including accompaniments) is of a standard that the Secretary of State considers satisfactory.”

(4) In section 55 after subsection (5) insert—

“(5A) The Secretary of State, when deciding whether the Secretary of State may reach the conclusion in subsection (3)(f), must have regard to the extent to which—

(a) the application complies with the requirements in section 37(3) (form and contents of application) and any standards set under section 37(5), and

(b) any applicable guidance given under section 37(4) has been followed in relation to the application.”

(5) In section 37(3) (requirements as to form and contents of application) after “must” insert “, so far as necessary to secure that the application (including accompaniments) is of a standard that the Secretary of State considers satisfactory”.”

After Clause 121

BARONESS HANHAM

166VE

Insert the following new Clause—

“Timetables for reports and decisions on applications for development consent

(1) The Planning Act 2008 is amended as follows.

(2) In section 98(3) (Examining authority must report on application within 3 months beginning with deadline for completing its examination) for the words from “beginning” onwards substitute “beginning with—

(a) the deadline for completion of its examination of the application, or

(b) (if earlier) the end of the day on which it completes the examination.”

(3) In section 107(1) (which provides for the application to be decided within 3 months of the start day but is amended by this Act to provide for decision within 3 months of the deadline under section 98(3))—

(a) for “with the” substitute “with—

(a) the”, and

(b) at the end insert “, or

(b) (if earlier) the end of the day on which the Secretary of State receives a report on the application under section 74(2)(b) or 83(1)(b).””

Clause 122

LORD JENKIN OF RODING

166W

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.””

Clause 124

BARONESS PARMINTER

LORD GREAVES

LORD MCKENZIE OF LUTON

 

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

After Clause 124

LORD LUCAS

LORD JENKIN OF RODING

167

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”.””

LORD SELSDON

LORD JENKIN OF RODING

168

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.””

BARONESS GARDNER OF PARKES

169

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.””

170

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.”

LORD REAY

170A

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.”

LORD AVEBURY

BARONESS WHITAKER

170B

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.””

LORD AVEBURY

170C

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.””

LORD JENKIN OF RODING

170CA

Insert the following new Clause—

“Code of practice for subterranean development

(1) Any proposed development which extends below the ground level of an existing building or its garden shall be deemed to be a “subterranean development”.

(2) A local planning authority may promulgate a code of practice at any time on the excavation and construction of a subterranean development with a view to lessening the adverse impact of the excavation and construction on adjacent properties and their owners and occupiers and on the wider neighbourhood; and this code may include (but not necessarily exclusively) provisions on—

(a) demonstrating that the necessary works can be undertaken while meeting specified technical standards;

(b) the methods, materials and equipment to be used;

(c) the standards to be observed in relation to noise levels;

(d) the hours of construction and excavation or of particularly noisy types of construction and excavation;

(e) the monitoring of noise and vibration;

(f) the provision of information to adjoining owners; and

(g) other measures to be taken to reduce the risk of damage to neighbouring properties, noise, dust, dirt and the risk of an infestation of vermin.

(3) Local planning authorities shall take account of any guidance issued by the Secretary of State in drawing up such a code of practice.

(4) If a local planning authority has promulgated such a code, it may make the granting of planning consent for a subterranean development conditional on the developer undertaking to abide by the code or specified elements of it.”

170CB

Insert the following new Clause—

“Allowances for disturbance and inconvenience caused by subterranean development

(1) A local planning authority may draw up and periodically amend a scale of allowances which it considers appropriate for payment by the developers of subterranean developments to adjoining owners or occupiers in respect of the disturbance and inconvenience caused by the excavation and construction of the subterranean development.

(2) The scale may take account of—

(a) the noise levels of the development;

(b) the period of time that it takes;

(c) the degree to which parts of the adjoining property are rendered unusable for normal purposes; and

(d) the differential effect on different types of occupants of adjoining properties.

(3) In drawing up such a scale of allowances, the local planning authority shall take account of any guidance issued by the Secretary of State.

(4) “Adjoining owner” and “adjoining occupier” shall be defined as in the Party Wall etc. Act 1996.

(5) If a local planning authority has drawn up and publicised such a scale of allowances, it may make the granting of planning consent for a subterranean development conditional on the developer undertaking to pay an allowance to adjoining owners or occupiers in accordance with the scale.”

BARONESS PARMINTER

LORD GREAVES

170CC*

Insert the following new Clause—

“Community right of appeal

(1) The Town and Country Planning Act 1990 is amended as follows.

(2) In section 70 (determination of applications: general considerations)—

(a) in subsection (1)(a), after the first “subject to” insert “subsection (2A) and”

(b) after subsection (2) insert—

“(2A) Where the planning authority decides under this section to grant a permission for an application which falls within one of the categories, and meets any of the conditions, specified in section 78(2A)—

(a) in case of no appeal is lodged against the decision, it shall make the grant as soon as may be specified in a development order after the expiration of the period for the lodging of an appeal;

(b) in case of an appeal or appeals is or are lodged against the decision, it shall not make the grant unless, as regards the appeal or, as may be appropriate, each of the appeals—

(i) are withdrawn, or

(ii) are dismissed by the Secretary of State.”

(3) In section 78 (appeals to the Secretary of State against planning decisions and failure to take such decisions) after subsection (2) insert—

“(2A) Where a planning authority grants an application for planning permission and—

(a) the authority has publicised the application as not according with the development plan in force in the area in which the land to which the application relates is situated; or

(b) the application is one in which the authority has an interest as defined in section 316;

certain persons as specified in subsection (2B) below may by notice appeal to the Secretary of State, provided any one of the conditions in subsection (2C) below are met.

(2B) Persons who may by notice appeal to the Secretary of State against the approval of planning permission in the circumstances specified in subsection (2A) above are—

(a) ward councillor for the area;

(b) any parish council covering or adjoining the area of land to which the application relates is situated; or

(c) any overview and scrutiny committee for the area.

(2C) The conditions are—

(a) section 61W(1) of the Town and Country Planning Act 1990 applies to the application;

(b) the application is accompanied by an environmental impact assessment;

(c) the planning officer has recommended refusal of planning permission.”

(4) In section 78, after subsection (4D) insert—

“(4E) For appeals lodged under subsection (2A), a notice must be served no later than 28 days from the date of notification of the decision.”

(5) Section 79 is amended as follows—

(a) in subsection (2), omit “either” and the words after “planning authority”, insert “or the applicant (where different from the appellant)”;

(b) in subsection (6), after “the determination”, insert “except for appeals as defined in section 78(2A) and where the appellant is as defined in section 79(2B)).””

LORD BEST

LORD TYLER

170CD*

Insert the following new Clause—

“Consideration of planning applications: design review panels

In section 70 of the Town and Country Planning Act 1990 (determination of applications for planning permissions: general considerations), after subsection (2) insert—

“(2A) Where an application has been made under subsection (1), the authority may submit it to a design review panel for consideration.

(2B) Where an application has been submitted to a design review panel, the panel may make recommendations to the authority regarding the quality of design in the application.

(2C) Where recommendations have been given, the authority shall, in dealing with the application, have regard to such recommendations so far as material to the application.

(2D) In subsection (2A) “design review panel” means an independent cross-professional panel appointed to examine and evaluate the design of the proposed development.””

Clause 128

LORD SHIPLEY

BARONESS DOOCEY

170D

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

LORD RIX

BARONESS HOLLINS

LORD WIGLEY

171

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

Clause 129

LORD SHIPLEY

BARONESS DOOCEY

171A

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

BARONESS DOOCEY

LORD SHIPLEY

171B

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

171C

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.””

LORD SHIPLEY

LORD TOPE

171D

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

LORD RIX

BARONESS HOLLINS

LORD WIGLEY

172

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”

LORD SHIPLEY

LORD TOPE

172A

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

LORD RIX

BARONESS HOLLINS

LORD WIGLEY

173

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

LORD PATEL OF BRADFORD

LORD MCKENZIE OF LUTON

LORD BEECHAM

 

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

Clause 130

BARONESS DOOCEY

LORD SHIPLEY

173ZA

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.””

LORD SHIPLEY

LORD PALMER OF CHILDS HILL

173ZB

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.””

LORD SHIPLEY

LORD TOPE

BARONESS DOOCEY

LORD PALMER OF CHILDS HILL

173ZC

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).””

173ZD

Page 124, line 13, at end insert—

“( ) Omit section 192.”

LORD SHIPLEY

BARONESS DOOCEY

173ZE

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

173ZF

Page 125, leave out lines 6 to 9

LORD PATEL OF BRADFORD

LORD MCKENZIE OF LUTON

LORD BEECHAM

 

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

After Clause 130

LORD BEST

173A

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.””

LORD SHIPLEY

LORD TOPE

BARONESS DOOCEY

173AA

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.””

Before Clause 131

LORD BEST

173B

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.”

Clause 131

LORD BEST

LORD PATEL OF BRADFORD

173C

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.”

Clause 133

LORD PATEL OF BRADFORD

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD BEST

 

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

Clause 135

BARONESS DOOCEY

LORD SHIPLEY

173CA

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

BARONESS DOOCEY

LORD PALMER OF CHILDS HILL

173CB

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.”

LORD BEST

173D

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.”

LORD SHIPLEY

LORD PALMER OF CHILDS HILL

173E

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.”

LORD RIX

BARONESS HOLLINS

LORD WIGLEY

174

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.”

LORD PATEL OF BRADFORD

LORD MCKENZIE OF LUTON

LORD BEECHAM

 

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

After Clause 135

LORD TOPE

BARONESS DOOCEY

LORD PALMER OF CHILDS HILL

174A

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.”

Clause 139

LORD RIX

BARONESS HOLLINS

LORD PATEL OF BRADFORD

LORD WIGLEY

175

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

LORD RIX

BARONESS HOLLINS

LORD PATEL OF BRADFORD

176

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.”

LORD RIX

LORD WIGLEY

177

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.”

178

Page 134, leave out lines 27 to 30

After Clause 144

LORD PALMER OF CHILDS HILL

LORD SHIPLEY

178A

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.””

After Clause 145

LORD WIGLEY

178B

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.”

After Clause 146

LORD BEST

178C

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.”

Clause 149

LORD BEST

178D

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.”

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

 

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

Clause 154

LORD PATEL OF BRADFORD

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD BEST

 

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

Schedule 16

LORD BEST

178E

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

Schedule 17

LORD BEST

178F

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.””

178G

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.””

Clause 158

BARONESS HAYTER OF KENTISH TOWN

LORD BEST

LORD PATEL OF BRADFORD

179

Page 144, line 7, leave out “must” and insert “may”

180

Page 144, line 8, leave out “is not “duly made”” and insert “may be made”

181

Page 144, line 9, leave out “unless it is”

LORD PALMER OF CHILDS HILL

LORD TOPE

181ZZA*

Page 144, line 31, at end insert—

“( ) If having made a determination to pay compensation, the Ombudsman must explain how the level of compensation has been calculated.”

LORD BEST

181ZA

Page 145, leave out lines 16 to 37

Clause 160

LORD WILLS

181A

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.””

After Clause 161

LORD AVEBURY

BARONESS WHITAKER

182

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.””

LORD BEST

182A

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).”

LORD BEST

BARONESS HAYTER OF KENTISH TOWN

182B

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.””

LORD BEST

182C

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.””

182D

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”.”

LORD BEST

LORD FOULKES OF CUMNOCK

182E

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.””

LORD BEST

182F

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.””

LORD SHIPLEY

182G

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.”

BARONESS DOOCEY

LORD PALMER OF CHILDS HILL

182H

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.

>
Description of persons Number of rooms
Two persons who are spouses or civil partners of each other (or who live together as husband and wife or as if civil partners) 1
Each other person over the age of 21 1
Any pair of children both aged under 10 1
Any pair of children or young persons of the same sex both aged under 21 1
Any child or young person under the age of 21 not included in any of the above categories 1.

(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.”

LORD PALMER OF CHILDS HILL

LORD SHIPLEY

182J

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.”

Clause 199

LORD TRUE

183

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”

184

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.”

After Clause 206

BARONESS KRAMER

185

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”.”

BARONESS KRAMER

LORD TOPE

186

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).”

186A

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,”.”

LORD COTTER

186AA

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.”

LORD JENKIN OF RODING

186AB

Insert the following new Clause—

“Cessation of 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 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).”

Clause 209

LORD TOPE

LORD SHIPLEY

186B

Page 183, line 6, at end insert—

“( ) an order under section 31(3A);”

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

186C

Page 183, line 6, at end insert—

“( ) an order under section 36(2A) or (3);”

Schedule 25

LORD TRUE

LORD HOWARD OF RISING

BARONESS HANHAM

EARL ATTLEE

187

Page 405, leave out lines 8 and 9

BARONESS HANHAM

187A

Page 421, line 18, at end insert—

“Section 55(3)(b) and (d).”

After Clause 212

LORD JENKIN OF RODING

187B

Insert the following new Clause—

“Post-legislative impact assessment

(1) The Secretary of State must produce and lay before Parliament an assessment of additional expenditure incurred by relevant authorities as a direct consequence of this Act within two years of the Act’s commencement.

(2) This assessment will be known as the Localism Act post-legislative impact assessment.

(3) A relevant authority must supply the Secretary of State with such financial information as the Secretary of State may specify for the purposes of enabling the Secretary of State to exercise functions under this section.

(4) In producing the Localism Act post-legislative impact assessment, the Secretary of State must have regard to—

(a) any relevant guidance issued in relation to new financial burdens placed on local authorities;

(b) any relevant pre-commencement regulatory impact assessment; and

(c) information submitted by relevant authorities as the Secretary of State may require.

(5) In this section “relevant authorities” means—

(a) county councils in England;

(b) district councils in England;

(c) London borough councils;

(d) the Common Council of the City of London in its capacity as a local authority;

(e) the Greater London authority;

(f) the Council of the Isles of Scilly.”

Clause 214

LORD GREAVES

LORD RENNARD

188

Page 186, line 46, at end insert—

“( ) Chapter 1 of Part 4 may not be commenced until universal individual voter registration has been introduced.”

Prepared 29th June 2011