Localism Bill

TENTH
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 124 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 124

LORD GREAVES

LORD TOPE

166WA*

Page 117, line 3, at end insert—

“(2A) For the avoidance of doubt, subsection (2) should not be read to imply that any greater weight should be placed on local finance considerations than on other material considerations.”

LORD MARLESFORD

166X

Page 117, line 30, at end insert—

“( ) In section 62(5), after paragraph (b) insert—

“(c) a statement about how issues relating to littering—

(i) by pedestrians,

(ii) from motor vehicles, and

(iii) by businesses,

will be dealt with.”.”

166Y

Page 117, line 30, at end insert—

“( ) A statement under section 62(5)(c) above shall in particular set out how issues relating to littering will be dealt with in public places of national significance including Parliament Square.”

BARONESS PARMINTER

LORD GREAVES

LORD MCKENZIE OF LUTON

LORD REAY

 

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

LORD JUDD

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 where 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 where 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) a ward councillor for the area;

(b) any parish council covering or adjoining the area of land to which the application relates; 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” and 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 REAY

[As an amendment to Amendment 170CC]

170CCA

Leave out lines 45 and 46

LORD BEST

LORD TYLER

BARONESS WHITAKER

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.””

BARONESS GARDNER OF PARKES

170CE

Insert the following new Clause—

“Application of Party Wall etc. Act 1996 to subterranean development

After section 20 of the Party Wall etc. Act 1996 insert—

“20A Application to subterranean development

The requirements of this Act apply to any subterranean development or proposed development.””

LORD REAY

LORD JUDD

LORD CORMACK

170CF

Insert the following new Clause—

“Determination of appeals

(1) Section 79 (determination of appeals) of the Town and Country Planning Act 1990 is amended as follows.

(2) In subsection (1), at the beginning insert “Subject to subsections (1A to (1C),”.

(3) After subsection (1) insert—

“(1A) Subject to subsections (1B) and (1C), the Secretary of State may exercise his or her power under subsection (1) even if the proposed development contravenes materially the development plan relating to the area of the planning authority to whose decision the appeal relates.

(1B) Where the Secretary of State grants a permission in accordance with subsection (1A), he or she shall indicate in his decision the main reasons and considerations for contravening materially the development plan.

(1C) Where a planning authority has decided to refuse permission on the grounds that a proposed development materially contravenes the development plan, the Secretary of State may only grant planning permission at appeal in accordance with subsection (1A) where he or she is satisfied that one or more of the following applies—

(a) the proposed development is of strategic or national importance, or necessary in the interests of national security or foreign governments;

(b) there are conflicting objectives in the development plan or the objectives are not clearly stated, insofar as the proposed development is concerned;

(c) to refuse permission would substantially conflict with planning policies as a whole issued by the Secretary of State;

(d) permission for the proposed development should be granted having regard to the pattern of development, and permissions granted, in the area since the adoption of the development plan;

(e) to refuse permission would lead to the United Kingdom being in breach of any of its international obligations;

(f) to refuse permission would lead to the Secretary of State being in breach of any duty imposed on him by or under any enactment;

(g) to refuse permission would be unlawful by virtue of any enactment.

(4) In subsection (4), after “subject to” for “subsection (2)” substitute “subsections (1A) to (2)”.”

LORD BERKELEY

170CG

Insert the following new Clause—

“Matters to which local authorities must have regard

(1) When considering planning applications for, in particular, warehouses, distribution sites, ports, airports and airfields, local authorities must have regard to the impact on—

(a) businesses,

(b) leisure facilities,

(c) the provision of emergency services,

(d) the environment, and

(e) the local economy.

(2) When considering planning applications which are expected to result in a significant increase in the use of local transport infrastructure, local authorities must have regard to—

(a) achieving the minimum disruption to local transport infrastructure,

(b) achieving efficient freight access to businesses,

(c) encouraging the use of sustainable transport,

(d) ensuring pedestrians, disabled people and cyclists are appropriately provided for, and

(e) possible alterations to the infrastructure to make use of future low-carbon transport.

(3) Local authorities must adopt planning policies to protect transport routes which may reasonably be believed to have a role in providing low-carbon transport in the future.”

LORD GREAVES

LORD TOPE

170CH

Insert the following new Clause—

“Notification of initiation of development etc

(1) In the Town and Country Planning Act 1990 after section 106C insert—

“106D Notification of initiation of development

(1) A person who intends to carry out development for which permission has been granted or for which a local development order, a neighbourhood development order or a community right to build order has been made must as soon as practicable after deciding on a date on which to initiate the development inform the local planning authority of that date.

(2) A notice of planning permission or a community right to build order must include a statement of the requirements of subsection (1) and section 171A and, where relevant, of section 106E.

106E Display of notice during development

(1) A person carrying out relevant development must display a notice containing prescribed information while the development is taking place.

(2) The notice shall be displayed on the site of the development in such a position that it can be read by members of the public.

(3) The Secretary of State shall make regulations prescribing the classes of development to which this section applies and the information that the notice must contain.”

(2) In section 171A of the Town and Country Planning Act 1990 (expressions used in connection with enforcement) after subsection (1)(b) insert—

“(c) initiating development without giving notice in accordance with section 106D, or

(d) carrying out development without displaying a notice in accordance with section 106E,”.”

BARONESS GARDNER OF PARKES

170CJ

Insert the following new Clause—

“Duty to have regard to effect of smoking on planning application

(1) In considering an application for planning permission a local planning authority must have regard to the effect on the proposed development of any smoking that may take place on the premises or on adjacent or nearby premises, including any potential danger to buildings from fire that may arise from smoking.

(2) In this section “smoking” has the same meaning as in section 1 of the Health Act 2006.”

LORD BEST

170CK

Insert the following new Clause—

“Amendment of the Commons Act 2006

(1) The Commons Act 2006 is amended as follows.

(2) In section 15 (registration of greens), after subsection (5) insert—

“(5A) The registration of land pursuant to an application to which subsection (2), (3) or (4) applies shall not prevent the carrying out of any development in accordance with planning permission granted before the date of registration.”

(3) After subsection (9) insert—

“(9A) A commons registration authority may set a maximum number of pages of evidence that may be submitted in support of an application under this section.

(9B) If a limit is set under subsection (9A) an authority may nonetheless request supplementary evidence.

(9C) A commons registration authority may amend or dismiss an application under this section if it considers that the application is frivolous, vexatious, discloses no reasonable grounds for the application or is an abuse of process.

(9D) If an authority amends or dismisses an application under subsection (9C), it may require the applicant to pay any costs incurred by the authority in considering the application.”

(4) After section 15 insert—

“15A Deregistration of town or village green: jurisdiction of Upper-tier Tribunal

(1) The Upper-tier Tribunal shall (without prejudice to any concurrent jurisdiction of the Tribunal), on the application of any person, have power to remove from the register of town or village greens any land on being satisfied—

(a) that because of changes in the character of the land or the neighbourhood or other circumstances which the Tribunal deems material, the land ought to be removed from the register;

(b) that the continued registration of the land as a town or village green would impede the development of the land for public purposes; or

(c) that the persons for the time being or from time to time entitled to use the town or village green for lawful sports or pastimes have agreed, either expressly or by implication, by their acts or omissions, to remove the land from the register.

(2) In determining a case under subsection (1), and in determining in any other case whether land should be removed from the register of town or village greens, the Upper-tier Tribunal shall take into account—

(a) the development plan,

(b) any declared or ascertainable pattern for the grant or refusal of planning permission in the area,

(c) the period during which and context in which the land was registered as a town or village green, and

(d) any other material circumstances.””

Before Clause 126

LORD WHITTY

170CL

Insert the following new Clause—

“Local housing strategy

(1) All Local Housing Authorities in England must draw up an analysis of housing supply and demand in their areas and this analysis should include all forms of tenure in their area and cover at least the following—

(a) trends in housing supply and demand in the owner occupied, private rented and social housing sectors,

(b) trends in housing prices and rents,

(c) new developments, new build and conversions,

(d) empty properties, and

(e) second homes, and

this analysis should be related to broad demographic and employment trends in their areas.

(2) On the basis of this analysis each Local Housing Authority in England should draw up a rolling ten year housing strategy for their area.

(3) All measures required of local housing authorities in relation to social housing and homelessness as a result of Chapters 1 to 4 of this Part of the Act shall be required to be undertaken in consistency with the housing strategy required by subsection (2).”

Clause 127

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

170CM

Page 119, line 16, after “(4)” insert “and (7A)”

170CN

Page 119, line 18, at end insert—

“(7A) A local housing authority must treat as a qualifying person anyone who is already—

(a) a secure or introductory tenant, or

(b) an assured tenant of housing accommodation held by a private registered provider of social housing or a registered social landlord.”

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”

LORD SHIPLEY

171ZA

Page 122, line 22, at end insert—

“(15) As regards the procedure to be followed when an applicant exercises the right or rights to review mentioned in paragraph (9)(c), the scheme shall be framed so as to provide—

(a) that a request for review must be made before the end of the period of 21 days beginning with the day on which he is notified of the authority’s decision or such longer period as the authority may in writing allow;

(b) that on a request being duly made to them, the authority shall review their decision;

(c) that the decision on review shall be made by a person of appropriate seniority who was not involved in the original decision;

(d) whether the applicant is entitled to an oral hearing, and whether and by whom he may be represented at such a hearing;

(e) that the authority shall notify the applicant of the decision on the review; and

(f) that the review decision shall be notified in writing and with reasons.”

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 (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).””

LORD PALMER OF CHILDS HILL

BARONESS DOOCEY

173ZZD

Page 124, line 13, at end insert—

“(2A) In section 190 for subsection (5) substitute—

“(5) The assessment under subsection (4) shall be carried out by a named officer or person appointed by the authority who will, so far as reasonably practicable, remains responsible for providing the applicant with advice and assistance under subsection (3), and for any notification or statement under subsection (7).

(5A) Any advice and assistance provided under subsection (3) 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 sources and location of such accommodation) and shall set out the steps which in the opinion of the authority are required to be taken in order to meet the applicant’s housing needs.

(5B) Any advice and assistance provided or offer of further assistance made in accordance with subsection (3) and the outcome of any assessment under subsection (4) shall be notified in writing to the applicant at the time when such assessment, provision or offer takes place or as soon as reasonably practicable thereafter.

(5C) A notification or statement under subsection (5B) 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 TOPE

BARONESS DOOCEY

LORD PALMER OF CHILDS HILL

173ZD

Page 124, line 13, at end insert—

“( ) Omit section 192.”

LORD PALMER OF CHILDS HILL

BARONESS DOOCEY

173ZDA

Page 124, line 13, at end insert—

“(2B) In section 192 for subsection (5) substitute—

“(5) The assessment under subsection (4) shall be carried out by a named officer or person appointed by the authority who will, so far as reasonably practicable, remain responsible for providing the applicant with advice and assistance under subsection (2), and for any notification or statement under subsection (5C).

(5A) Where the authority have become subject to the duty to a person under subsection (2) they shall notify the applicant in writing of their decision, when such decision takes place or as soon as reasonably practicable thereafter, whether they intend to exercise their power to secure that accommodation for that person is available under subsection (3), and if they intend not to exercise that power they shall inform him of their reasons for declining to do so.

(5B) Any advice and assistance provided under subsection (3) 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 sources and location of such accommodation) and shall set out the steps which in the opinion of the authority are required to be taken in order to meet the applicant’s housing needs.

(5C) Any advice and assistance provided or offer of further assistance made in accordance with subsection (2) the outcome of any assessment under subsection (4) shall be notified in writing to the applicant at the time when such assessment, provision or offer takes place or as soon as reasonably practicable thereafter.

(5D) A notification or statement under subsection (5A) or (5C) shall inform the applicant of his right to seek independent advice in respect of the matters contained in that document.””

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.””

LORD SHIPLEY

173AB

Insert the following new Clause—

“Homelessness and threatened homelessness

In the Housing Act 1996, at the end of subsection (2)(b) insert—

“(c) he has been given a valid notice under section 21 of the Housing Act 1988 (orders for possession on expiry or termination of assured shorthold tenancy)”.”

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 HANHAM

173CAA

Page 127, line 30, leave out “secure” and insert “flexible”

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.”

BARONESS HANHAM

173CC

Page 127, line 39, leave out “(“the original flexible tenancy”)”

173CD

Page 127, leave out line 41 and insert “that is a flexible tenancy for a term certain of the length specified in the notice, and sets out the other express terms of the tenancy, and

(e) the length of the term specified in the notice is at least two years.

(3A) The length of the term of a flexible tenancy that becomes such a tenancy by virtue of subsection (3) is that specified in the notice under paragraph 4ZA(2) of Schedule 1.

(3B) The other express terms of the flexible tenancy are those set out in the notice, so far as those terms are compatible with the statutory provisions relating to flexible tenancies; and in this subsection “statutory provision” means any provision made by or under an Act.”

LORD SHIPLEY

173CE

Page 128, leave out lines 16 to 18

173CF

Page 128, leave out lines 16 to 18 and insert—

“( ) The review may only be requested on the basis that the length of the term does not accord with a policy of the prospective landlord’s decision about the length of term of the tenancy.”

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 136

LORD BEECHAM

LORD PATEL OF BRADFORD

LORD MCKENZIE OF LUTON

174AA

Page 131, line 9, leave out subsections (3) and (4)

BARONESS HANHAM

174B

Page 131, line 23, leave out subsection (6)

174C

Page 131, line 31, leave out “the purposes of the Housing Act 1985” and insert “a term certain”

174D

Page 131, line 38, leave out from second “tenancy” to end of line 39 and insert “that would be a flexible tenancy for a term certain of the length specified in the notice,”

174E

Page 132, line 1, after “specifying” insert “a period of at least two years as”

174F

Page 132, line 1, at end insert “, and

(c) setting out the other express terms of the tenancy.

(3) The length of the term of a flexible tenancy that becomes such a tenancy by virtue of this section is that specified in the notice under subsection (2).

(4) The other express terms of the flexible tenancy are those set out in the notice, so far as those terms are compatible with the statutory provisions relating to flexible tenancies; and in this subsection “statutory provision” means any provision made by or under an Act.””

174G

Page 132, line 2, leave out subsection (8)

174H

Page 132, line 8, leave out “This section” and insert “Subsection (2)”

174J

Page 132, line 10, after “tenancy” insert “within the meaning of section 107A of the Housing Act 1985”

174K

Page 132, line 13, at beginning insert “If the landlord has served a notice within subsection (3) on the tenant before the end of the demoted tenancy then,”

174L

Page 132, line 14, at end insert—

“(3) The notice must—

(a) state that, on ceasing to be a demoted tenancy, the tenancy will become a secure tenancy that is a flexible tenancy for a term certain of the length specified in the notice,

(b) specify a period of at least two years as the length of the term of the tenancy, and

(c) set out the other express terms of the tenancy.

(4) The length of the term of a flexible tenancy that becomes such a tenancy by virtue of this section is that specified in the notice under subsection (3).

(5) The other express terms of the flexible tenancy are those set out in the notice, so far as those terms are compatible with the statutory provisions relating to flexible tenancies; and in this subsection “statutory provision” means any provision made by or under an Act.””

174M

Page 132, line 15, leave out subsection (10)

Before Clause 137

BARONESS HANHAM

174N

Insert the following new Clause—

“Creation of tenancies of social housing

(1) In section 52 of the Law of Property Act 1925 (requirement that conveyances of land and interests in land be made by deed) in subsection (2) (exceptions) after paragraph (d) insert—

“(da) flexible tenancies;

(db) assured tenancies of dwelling-houses in England that are granted by private registered providers of social housing and are not long tenancies or shared ownership leases;”.

(2) After that subsection insert—

“(3) In this section—

“assured tenancy” has the same meaning as in Part 1 of the Housing Act 1988;

“dwelling-house” has the same meaning as in Part 1 of the Housing Act 1988;

“flexible tenancy” has the meaning given by section 107A of the Housing Act 1985;

“long tenancy” means a tenancy granted for a term certain of more than 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture;

“shared ownership lease” means a lease of a dwelling-house—

(a) granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, or

(b) under which the lessee (or the lessee’s personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house.””

174P

Insert the following new Clause—

“Registration of tenancies of social housing

(1) The Land Registration Act 2002 is amended as follows.

(2) In section 3 (voluntary registration of title) after subsection (4) insert—

“(4A) A person may not make an application under subsection (2) in respect of a leasehold estate in land under a relevant social housing tenancy.”

(3) In section 4 (compulsory registration of title) after subsection (5) insert—

“(5A) Subsection (1) does not apply to the transfer or grant of a leasehold estate in land under a relevant social housing tenancy.”

(4) In section 27 (dispositions required to be registered) after subsection (5) insert—

“(5A) This section does not apply to—

(a) the grant of a term of years absolute under a relevant social housing tenancy, or

(b) the express grant of an interest falling within section 1(2) of the Law of Property Act 1925, where the interest is created for the benefit of a leasehold estate in land under a relevant social housing tenancy.”

(5) In section 33 (interests in respect of which notice may not be entered on the register) after paragraph (b) insert—

“(ba) an interest under a relevant social housing tenancy,”.

(6) In section 132(1) (interpretation) at the appropriate places insert—

““assured tenancy” has the same meaning as in Part 1 of the Housing Act 1988;”;

““dwelling-house” has the same meaning as in Part 1 of the Housing Act 1988;”;

““flexible tenancy” has the meaning given by section 107A of the Housing Act 1985;”;

““long tenancy” means a tenancy granted for a term certain of more than 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture;”;

““relevant social housing tenancy” means—

(a) a flexible tenancy, or

(b) an assured tenancy of a dwelling-house in England granted by a private registered provider of social housing, other than a long tenancy or a shared ownership lease;”;

““shared ownership lease” means a lease of a dwelling-house—

(a) granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, or

(b) under which the lessee (or the lessee’s personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house;”.

(7) In Schedule 1 (unregistered interests which override first registration) after paragraph 1 insert—

“Relevant social housing tenancies

1A A leasehold estate in land under a relevant social housing tenancy.”

(8) In Schedule 3 (unregistered interests which override registered dispositions) after paragraph 1 insert—

“Relevant social housing tenancies

1A A leasehold estate in land under a relevant social housing tenancy.””

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

BARONESS HANHAM

178ZA

Page 134, line 44, leave out from beginning to end of line 5 on page 135

178ZB

Page 135, line 17, at end insert—

“(6) The amendments made by this section do not apply in relation to a secure tenancy that—

(a) was granted before the day on which this section comes into force, or

(b) came into being by virtue of section 86 of the Housing Act 1985 (periodic tenancy arising on termination of fixed term) on the coming to an end of a secure tenancy within paragraph (a).”

Clause 140

BARONESS HANHAM

178ZC

Page 136, line 48, at end insert—

“(7) This section does not apply to a fixed term assured tenancy that is a lease of a dwelling-house—

(a) granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, or

(b) under which the lessee (or the lessee’s personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house.””

After Clause 140

BARONESS HANHAM

178ZD

Insert the following new Clause—

“Secure and assured tenancies: recovery of possession after tenant’s death

(1) In section 90 of the Housing Act 1985 (devolution of fixed term secure tenancy) after subsection (4) insert—

“(5) The following provisions apply where a tenancy that was a secure tenancy of a dwelling-house in England—

(a) has been vested or otherwise disposed of in the course of the administration of the secure tenant’s estate, and

(b) has ceased to be a secure tenancy by virtue of this section.

(6) Subject as follows, the landlord may apply to the court for an order for possession of the dwelling-house let under the tenancy.

(7) The court may not entertain proceedings for an order for possession under this section unless—

(a) the landlord has served notice in writing on the tenant—

(i) stating that the landlord requires possession of the dwelling-house, and

(ii) specifying a date after which proceedings for an order for possession may be begun, and

(b) that date has passed without the tenant giving up possession of the dwelling-house.

(8) The date mentioned in subsection (7)(a)(ii) must fall after the end of the period of four weeks beginning with the date on which the notice is served on the tenant.

(9) On an application to the court for an order for possession under this section, the court must make such an order if it is satisfied that subsection (5) applies to the tenancy.

(10) The tenancy ends when the order is executed.”

(2) In Part 3 of Schedule 2 to that Act (grounds on which court may order possession of dwelling-house let on secure tenancy if reasonable and if alternative accommodation is available) after Ground 15 insert—

“Ground 15A

The dwelling-house is in England, the accommodation afforded by it is more extensive than is reasonably required by the tenant and—

(a) the tenancy vested in the tenant by virtue of section 89 (succession to periodic tenancy) or 90 (devolution of term certain) in a case where the tenant was not the previous tenant’s spouse or civil partner, and

(b) notice of the proceedings for possession was served under section 83 (or, where no such notice was served, the proceedings for possession were begun) more than six months but less than twelve months after the relevant date.

For this purpose “the relevant date” is—

(a) the date of the previous tenant’s death, or

(b) if the court so directs, the date on which, in the opinion of the court, the landlord (or, in the case of joint landlords, any one of them) became aware of the previous tenant’s death.

The matters to be taken into account by the court in determining whether it is reasonable to make an order on this ground include—

(a) the age of the tenant,

(b) the period (if any) during which the tenant has occupied the dwelling-house as the tenant’s only or principal home, and

(c) any financial or other support given by the tenant to the previous tenant.”

(3) In section 7 of the Housing Act 1988 (orders for possession of assured tenancies) after subsection (6) insert—

“(6A) In the case of a dwelling-house in England, subsection (6)(a) has effect as if it also referred to Ground 7 in Part 1 of Schedule 2 to this Act.”

(4) In Part 1 of Schedule 2 to that Act (grounds for possession of dwelling-houses let on assured tenancies: grounds on which court must order possession) in Ground 7 (devolution of tenancy under will or intestacy)—

(a) in the first unnumbered paragraph, after “tenancy)” insert “, or a fixed term tenancy of a dwelling-house in England,”,

(b) in the second unnumbered paragraph—

(i) omit “periodic”, and

(ii) after “period” insert “or length of term”, and

(c) after that paragraph insert—

“This ground does not apply to a fixed term tenancy that is a lease of a dwelling-house—

(a) granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, or

(b) under which the lessee (or the lessee’s personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house.””

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.””

LORD SHIPLEY

178AA

Insert the following new Clause—

“Housing standards for local authority tenants

(1) The provisions of Part 1 of the Housing Act 2004 (housing conditions) shall apply to premises owned or managed by a local housing authority in England with the following modifications.

(2) The offices of the local housing authority delegated to serve statutory notices pursuant to the powers and duties contained in Part 1 shall, in respect of premises owned or managed by that same local authority, serve any such notice upon the officer of the authority who is the most senior officer delegated to discharge its housing functions.

(3) Upon service and expiry of any such notice, it shall be the statutory duty of the local housing authority to comply with it.

(4) There shall be no right of appeal in respect of any such notice.

(5) In default of compliance with the notice, any persons residing in the premises to which the notice refers shall have the rights—

(a) to bring a claim in the county court for the area in which the premises are situated for breach of the statutory duty identified at (3) above; and/or

(b) to bring a private prosecution for any offence of non-compliance with the notice.”

178B

[Withdrawn]

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

LORD PATEL OF BRADFORD

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.

After Clause 149

BARONESS HOLLIS OF HEIGHAM

178DA

Insert the following new Clause—

“Social housing rents

Landlords of social housing may levy a rent above the target rent for that dwelling to fund the capital cost of additional facilities requested by the tenant.”

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.

After Clause 156

178DB

[Withdrawn]

Schedule 16

LORD PATEL OF BRADFORD

LORD MCKENZIE OF LUTON

LORD BEECHAM

178DC

Page 359, line 35, after “means” insert “the regulation officer of”

178DD

Page 360, line 2, after “means” insert “the regulation officer of”

178DE

Page 360, line 2, at end insert—

“( ) The HCA must appoint, on the recommendation of the Regulation Committee, a member of staff to be designated the regulation officer for the discharge of the functions of the regulator.

( ) The Regulation Committee may direct subordinate HCA staff to assist the regulation officer in the discharge of its functions, as appropriate.”

178DF

Page 360, line 6, after “on” insert “the regulation officer of”

178DG

Page 360, line 8, leave out “by the HCA acting through” and insert “by the regulation officer of the HCA acting under supervision and oversight of”

LORD BEST

LORD PATEL OF BRADFORD

LORD MCKENZIE OF LUTON

LORD BEECHAM

178E

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

After Clause 157

LORD SHIPLEY

178EA

Insert the following new Clause—

“Transfer of trusteeship of almshouses

In Section 170 of the Housing and Regeneration Act 2008 (overview) at the end insert—

“(2) For the purposes of this chapter, “disposal of property” shall include the transfer of trusteeship of an almshouse by a registered provider where, as a result of that trusteeship, the registered provider manages land or dwellings; and “disposal of land” and “disposal of a dwelling” shall be interpreted so as to refer to the transfer of trusteeship which entails management of land or dwellings accordingly.””

LORD PATEL OF BRADFORD

LORD MCKENZIE OF LUTON

LORD BEECHAM

178EB

Insert the following new Clause—

“Private rented sector accreditation schemes

(1) Every local housing authority must operate one or more voluntary accreditation scheme for landlords in the private rented sector.

(2) An authority may operate a landlord accreditation scheme itself or in conjunction with other persons and may delegate performance of its functions, or aspect of this function, to another person.

(3) The Secretary of State must make regulations to—

(a) define the nature and scope of accreditation schemes;

(b) prescribe the criteria for membership of accreditation schemes;

(c) prescribe requirements as to the professional qualifications or standards of persons who will operate an accreditation scheme in conjunction with the authority or to whom it intends to delegate performance of this function;

(d) establish standards of conduct and practice (“the minimum standards”) with regard to the disposal and management of residential accommodation which shall be required as a condition of membership or accreditation schemes, including requirements as to the condition of premises let by accredited landlords;

(e) provide for a system of inspection of premises and monitoring of compliance with the minimum standards;

(f) provide for means of redress where there has been a clear failure to meet minimum standards, including provisions for termination of membership and procedures for review of decisions;

(g) make provisions concerning any matter relevant to the objectives, management and operations of accreditation schemes; and

(h) permit the scheme to consider and take action where a complainant is received or there are grounds for considering whether enforcement actions should be taken under legislation in relation to any premises owned or managed by a member of an accreditation scheme in such circumstances and subject to such conditions as may be prescribed.”

Schedule 17

LORD BEST

LORD PATEL OF BRADFORD

LORD MCKENZIE OF LUTON

LORD BEECHAM

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.””

LORD PATEL OF BRADFORD

LORD MCKENZIE OF LUTON

LORD BEECHAM

178FA

Page 370, line 24, at end insert—

“( ) In section 112 (eligibility for registration), after subsection (1)(b) insert—

“( ) is a parent body of a group structure that includes at least one provider eligible for registration under paragraph (a) or (b)”.”

LORD BEST

LORD PATEL OF BRADFORD

LORD MCKENZIE OF LUTON

LORD BEECHAM

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

BARONESS HANHAM

181B

Insert the following new Clause—

“Tenants’ deposits

Tenancy deposit schemes

(1) The Housing Act 2004 is amended as follows.

(2) In section 213 (requirements relating to tenancy deposits)—

(a) in subsection (3) (landlord’s requirement to comply with initial requirements within 14 days of receipt of deposit) for “14” substitute “30”, and

(b) in subsection (6)(b) (landlord’s requirement to give tenant information within 14 days of receipt of deposit) for “14” substitute “30”.

(3) Section 214 (proceedings relating to tenancy deposits) is amended as follows.

(4) In subsection (1) (grounds for an application to a county court) for paragraph (a) substitute—

“(a) that section 213(3) or (6) has not been complied with in relation to the deposit, or”.

(5) After subsection (1) insert—

“(1A) Subsection (1) also applies in a case where the tenancy has ended, and in such a case the reference in subsection (1) to the tenant is to a person who was a tenant under the tenancy.”

(6) In subsection (2) (conditions for a remedy)—

(a) in the opening words—

(i) for “Subsections (3) and (4)” substitute “Subsection (3) (subject to subsection (3A)) and subsection (4)”,

(ii) omit “such”, and

(iii) after “application” insert “under subsection (1)”, and

(b) for paragraph (a) substitute—

“(a) is satisfied that section 213(3) or (6) has not been complied with in relation to the deposit, or”.

(7) After subsection (3) insert—

“(3A) Subsection (3) does not apply in a case where the tenancy has ended at the time of the application under subsection (1), and in such a case the court may order the person who appears to the court to be holding the deposit to repay all or part of it to the applicant within the period of 14 days beginning with the date of the making of the order.”

(8) In subsection (4) (amount of penalty payment)—

(a) omit “also”, and

(b) for “equal to” substitute “not less than the amount of the deposit and not more than”.

(9) Section 215 (sanctions for non-compliance) is amended as follows.

(10) In subsection (1) (prevention of service of notice under section 21 of the Housing Act 1988)—

(a) at the beginning insert “Subject to subsection (2A),”, and

(b) for paragraph (b) substitute—

“(b) section 213(3) has not been complied with in relation to the deposit.”

(11) In subsection (2) (prevention of service of notice under section 21 of the Housing Act 1988) at the beginning insert “Subject to subsection (2A),”.

(12) After subsection (2) insert—

“(2A) Subsections (1) and (2) do not apply in a case where—

(a) the deposit has been returned to the tenant in full or with such deductions as are agreed between the landlord and tenant, or

(b) an application to a county court has been made under section 214(1) and has been determined by the court, withdrawn or settled by agreement between the parties.”

(13) In Schedule 10 (provisions relating to tenancy deposit schemes) in paragraph 5A(9)(b) (modification of section 213(3)) for “14” substitute “30”.”

181C

Insert the following new Clause—

“Houses in multiple occupation

Exemption from HMO licensing for buildings run by co-operatives

(1) In Schedule 14 to the Housing Act 2004 (buildings which are not HMOs for the purposes of that Act (excluding Part 1)) after paragraph 2A insert—

“Buildings controlled or managed by a co-operative society

2B (1) A building where—

(a) the person managing or having control of it is a co-operative society whose rules are such as to secure that each of the conditions set out in sub-paragraph (2) is met, and

(b) no person who occupies premises in the building does so by virtue of an assured tenancy, a secure tenancy or a protected tenancy.

(2) The conditions are—

(a) that membership of the society is restricted to persons who are occupiers or prospective occupiers of buildings managed or controlled by the society,

(b) that all management decisions of the society are made by the members (or a specified quorum of members) at a general meeting which all members are entitled to, and invited to, attend,

(c) that each member has equal voting rights at such a meeting, and

(d) that, if a person occupies premises in the building and is not a member, that person is an occupier of the premises only as a result of sharing occupation of them with a member at the member’s invitation.

(3) For the purposes of sub-paragraph (1) “co-operative society” means a body that—

(a) is registered—

(i) as a co-operative society under section 1 of the 1965 Act, or

(ii) is a pre-2010 Act society (as defined by section 4A(1) of the 1965 Act) which meets the condition in section 1(2) of the 1965 Act, and

(b) is neither—

(i) a non-profit registered provider of social housing, nor

(ii) registered as a social landlord under Part 1 of the Housing Act 1996.

(4) In this paragraph—

“the 1965 Act” means the Co-operative and Community Benefit Societies and Credit Unions Act 1965;

“assured tenancy” has the same meaning as in Part 1 of the Housing Act 1988;

“protected tenancy” has the same meaning as in the Rent Act 1977;

“secure tenancy” has the same meaning as in Part 4 of the Housing Act 1985.”

(2) Until the coming into force of section 1 of the 2010 Act, the paragraph 2B inserted by subsection (1) of this section has effect as if for sub-paragraph (3)(a) of that paragraph there were substituted—

“(a) is a society registered, or treated as registered, under section 1 of the 1965 Act in the case of which the condition in section 1(2)(a) of that Act is fulfilled (bona fide co-operative society),”.

(3) Until the coming into force of section 2 of the 2010 Act, the paragraph 2B inserted by subsection (1) of this section has effect as if in sub-paragraph (4) of that paragraph “Industrial and Provident Societies Act 1965” were substituted for “Co-operative and Community Benefit Societies and Credit Unions Act 1965”.

(4) In subsections (2) and (3) “the 2010 Act” means the Co-operative and Community Benefit Societies and Credit Unions Act 2010.”

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

LORD CAMERON OF DILLINGTON

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

LORD PATEL OF BRADFORD

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

LORD PATEL OF BRADFORD

LORD MCKENZIE OF LUTON

LORD BEECHAM

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) information on 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.”

BARONESS GARDNER OF PARKES

182K

Insert the following new Clause—

“Requirements to maintain property to appropriate standard

Where the residents of a particular street or other residential area petition the local authority to the effect that the owners of one or more properties in their street or area are not being maintained to the standard appropriate to properties in that street or area, the local authority may require the owners of the property to carry out such reasonable repairs and maintenance as are necessary to keep the property up to the average standard of repair of the other properties in the street or area.”

182KA

[Retabled as Amendment 181B]

182KB

[Retabled as Amendment 181C]

LORD SHIPLEY

182KC

Insert the following new Clause—

“Leases to which Landlord and Tenant Act section 11 applies: general rule

In section 13(1) Landlord and Tenant Act 1985 (leases to which the provisions about repairing obligations in section 11 of that Act apply) after subsection (1) insert—

“(1A) Section 11 also applies to any lease of a dwelling house granted on or after the day on which section 162 of the Localism Act 2011 came into force, for a term of less than 21 years.

(1B) Section 11 also applies to a right of occupation given by contract or any enactment and not amounting to a lease as if the right were a lease and “lease” and cognate expressions shall be construed accordingly.””

182KD

Insert the following new Clause—

“Leases to which Landlord and Tenant Act 1985 section 11 applies: exceptions

In section 14 of the Landlord and Tenant Act 1985 omit subsections (1) and (2) in respect of new leases granted on or after the day on which this section comes into force.”

182KE

Insert the following new Clause—

“Other repairing obligations

(1) In section 11(1)(b) of the Landlord and Tenant Act 1985 (repairing obligations in short leases) after “gas or electricity” insert “save where the dwelling house is let furnished”

(2) After subsection (1) insert—

“(1ZA) If a lease to which this section applies is a lease of a furnished dwelling house, there is an implied convent by the lessor—

(a) to keep the fixtures, fittings and furniture in reasonable repair and condition, and

(b) to keep the appliances provided by the lessor in repair and proper working order”.”

182KF

Insert the following new Clause—

“Other repairing obligations (No. 2)

In section 11(1) of the Landlord and Tenant Act 1985 (repairing obligations in short leases) at end insert “, and

(c) to rectify any defect of construction or design that is rendering or will render the premises injurious to the health of the occupiers.””

182KG

Insert the following new Clause—

“Other repairing obligations (No. 3)

In section 11(1)(b) Landlord and Tenant Act 1985 (repairing obligations in short leases)—

(a) after “electricity and for” insert “ventilation and”, and

(b) after “sinks” insert “extractor fans”.”

182KH

[Withdrawn]

LORD SHIPLEY

182KJ

Insert the following new Clause—

“Other repairing obligations (No. 4)

(1) Section 8 of the Landlord and Tenant Act 1985 (implied terms as to fitness for human habitation) shall have effect as amended by this section.

(2) For subsection (3) substitute—

“(3) This section—

(a) applies to a contract if it is for the residential occupation of a house, and

(b) does not apply where a house is let for a term of seven years or more (the lease not being determinable at the option of either party before the expiration of seven years);

upon terms that the tenant puts the premises into a condition reasonably fit for human habitation.”

(3) In subsection (4) omit the Table.

(4) After subsection (6) insert—

“(7) In this section—

“contract”, “letting” and “tenancy” include any arrangement giving a person a right to remain in residential occupation of a house, and

“tenant” includes any person occupying pursuant to such an arrangement.””

182KL

Insert the following new Clause—

“Restriction on discretion of court in making orders for possession of land

In subsection (1) of section 89 of the Housing Act 1980—

(a) leave out the words “fourteen days after the making of the order, unless it appears to the court that exceptional hardship would be caused by requiring possession to be given up by that date; and shall not in any event be postponed to a date later than”;

(b) at the end insert the words “unless the court determines that postponing to a later date would be proportionate in the circumstances of the case”.”

After Clause 163

LORD PALMER OF CHILDS HILL

BARONESS DOOCEY

182L

Insert the following new Clause—

“Establishing a Strategic Board

(1) The authority must establish a “London Housing and Regeneration Board”.

(2) The “London Housing and Regeneration Board” is to consist of such numbers (being not less than six) as the authority may from time to time appoint.

(3) The authority must appoint one of the members as the person with the function of chairing the London Housing and Regeneration Board.

(4) In appointing a person to be a member the authority—

(a) must have regard to the desirability of appointing a person who has experience of, and shown some capacity in, a matter relevant to the exercise of the functions set out in this Chapter,

(b) must be satisfied that the person will have no financial or other interest likely to affect prejudicially the exercise of the person’s functions as a member, and

(c) must ensure that an appropriate number of members on the Board are appointed representatives of London boroughs.

(5) In exercising its housing and regeneration functions and powers subsequent to the enactment of this Chapter the authority must consult and obtain agreement from the “London Housing and Regeneration Board.”

Clause 169

BARONESS HANHAM

182LA

Page 160, line 45, leave out “, as from time to time amended,”

After Clause 171

BARONESS VALENTINE

BARONESS KRAMER

182LAA

Insert the following new Clause—

“Tax increment financing

(1) The Mayor of London may authorise the creation of tax increment financing pilot zones within a defined area of any London Assembly constituency.

(2) The Secretary of State may permit the Mayor of London, in accordance with the power exercised in subsection (1), to retain the national non-domestic rates within the zone for the purpose of providing infrastructure to support the development of the zone.

(3) The Mayor may exercise the power in subsection (1) only if agreement has been given by the borough in which the pilot zone is located in, and the Mayor is satisfied that—

(a) adequate consultation about the creation of a pilot zone has been undertaken; and

(b) development in the pilot zone would not otherwise take place but for the creation of the zone and the power provided in accordance with subsection (2).

(4) In exercise the power in subsections (1) and (2) the Mayor must have regard to such conditions as the Secretary of State may determine through regulations and these may include—

(a) the submission of a map identifying the area of land which forms the pilot zone;

(b) a business plan identifying the need for the creation of a pilot zone;

(c) a community consultation plan identifying an adequate consultation process about the creation of a pilot zone;

(d) what constitutes eligible infrastructure for the purposes of a pilot zone;

(e) what proportion of the national non-domestic rates within the zone is appropriate to retain; and

(f) for what duration the proportion of the national non-domestic rates within the zone can be retained for.

(5) In this section—

“tax increment financing pilot zone” means any area of land designated by the Mayor for regeneration through the provision of infrastructure, and financed in accordance with subsection (2) and regulations, if issued, by the Secretary of State;

“business plan” means an explanation of how the pilot zone will be financed.”

Schedule 19

BARONESS HANHAM

182LB

Page 379, line 12, at end insert—

“Greater London Authority Act 1999 (c.29)

35A The Greater London Authority Act 1999 is amended as follows.

35B (1) Section 38 (delegation) is amended as follows.

(2) In subsection (2) (persons to whom functions exercisable by the Mayor may be delegated) before paragraph (e) insert—

“(db) the Homes and Communities Agency;”.

(3) In subsection (3) (cases where delegation to body requires its consent) after “In the case of” insert “the Homes and Communities Agency,”.

(4) In subsection (7) (power to exercise delegated functions where no existing power to do so) before paragraph (c) insert—

“(bb) the Homes and Communities Agency,”.

(5) Before subsection (9) insert—

“(8B) An authorisation given by the Mayor under subsection (1) above to the Homes and Communities Agency in relation to a function does not prevent the Mayor from exercising the function.”

35C (1) In section 73(6), in the substituted subsection (2) of section 5 of the Local Government and Housing Act 1989 (reports by monitoring officer), the definition of “GLA body or person” is amended as follows.

(2) Before paragraph (d) insert—

“(ca) the Homes and Communities Agency, when exercising any function of the Greater London Authority in consequence of an authorisation under section 38 of the Greater London Authority Act 1999;”.

(3) Before paragraph (h) insert—

“(gb) any committee or sub-committee of the Homes and Communities Agency when exercising any function of the Greater London Authority in consequence of an authorisation under section 38 of the Greater London Authority Act 1999;”.

(4) Before the closing words insert—

“(mb) any member, or member of staff, of the Homes and Communities Agency when exercising, or acting in the exercise of, any function of the Greater London Authority in consequence of an authorisation under section 38 of the Greater London Authority Act 1999;”.”

182LC

Page 380, line 23, at end insert—

“43A In section 4(6) (application of rules about the exercise of the Homes and Communities Agency’s specific powers) before the “and” at the end of paragraph (a) insert—

“(aa) subsection (2) does not apply to the exercise of a function by the HCA in consequence of an authorisation under section 38 of the Greater London Authority Act 1999 (delegation by Mayor),”.”

Schedule 20

BARONESS HANHAM

182LD

Page 383, line 16, at end insert—

“4A In section 38(8) (application of section 101 of the Local Government Act 1972) after paragraph (a) insert “or”.”

Clause 173

LORD JENKIN OF RODING

182M

Page 162, line 14, after “Assembly” insert “or those London borough councils whose borough contains any part of the designated area”

Schedule 21

LORD JENKIN OF RODING

182N

Page 384, line 8, at end insert—

“(c) must ensure that at least one-sixth of the total number of members are representatives of London borough councils whose borough contains any part of the designated area, and

(d) must ensure that the MDC contains at least one representative from each of the London borough councils whose borough contains any part of the designated area”

BARONESS GREY-THOMPSON

182P

Page 385, line 35, leave out from “MDC” to end of line 36

LORD JENKIN OF RODING

182Q

Page 385, line 36, at end insert—

“(3A) A committee or sub-committee must include at least one elected representative from each of those London borough councils whose borough contains any part of the designated area.

(3B) A committee or sub-committee concerned with planning functions must draw at least half of its membership from those London borough councils whose borough contains any part of the designated area.”

Clause 177

BARONESS HANHAM

182QA

Page 165, line 39, at end insert—

“(aa) subsection (4) does not apply to the exercise of a function by an MDC in consequence of an authorisation under section 38 of the Greater London Authority Act 1999 (delegation by Mayor),”

Clause 178

LORD JENKIN OF RODING

182R

Page 166, line 34, after “Assembly” insert “or those London borough councils whose borough contains any part of the designated area”

Clause 194

BARONESS HANHAM

182S

Page 174, line 36, leave out “, as from time to time amended,”

Schedule 22

BARONESS HANHAM

182T

Page 387, line 35, at end insert—

“Local Government Act 1974 (c. 7)

2A In section 25(1) of the Local Government Act 1974 (authorities subject to investigation by a Local Commissioner) after paragraph (bd) insert—

“(bda) a Mayoral development corporation,”.”

182U

Page 394, line 12, at end insert—

“(4) After subsection (8) (further delegation, and Mayor’s power to continue to continue to exercise delegated functions) insert—

“(8A) An authorisation given by the Mayor under subsection (1) above to a Mayoral development corporation in relation to a function does not prevent the Mayor from exercising the function.””

182V

Page 394, line 18, at end insert—

“45A (1) Amend section 68 (disqualification and political restriction) as follows.

(2) In subsection (2) (application of disqualification and political restriction to certain bodies) after paragraph (b) insert—

“(ba) a Mayoral development corporation.”

(3) In subsection (3) (person appointed by Mayor as a member of his staff under section 67(1) not disqualified from becoming an unpaid member of Transport for London) after “Transport for London” insert “or a Mayoral development corporation”.

(4) In subsection (6) (“statutory chief officer” to include chief finance officer)—

(a) after “London,” in paragraph (a) insert “and

(aa) of a Mayoral development corporation,”, and

(b) after “member of Transport for London” insert “or, as the case may be, a Mayoral development corporation”.

(5) After subsection (6) insert—

“(6A) In the application of section 2 of that Act in relation to a Mayoral development corporation by virtue of subsections (1) and (2) above, any reference to the person designated under section 4 of that Act as its head of paid service is to be taken as a reference to the chief executive of the Mayoral development corporation.”

45B (1) In section 73(6), in the substituted subsection (2) of section 5 of the Local Government and Housing Act 1989 (reports by monitoring officer), amend the definition of “GLA body or person” as follows.

(2) After paragraph (b) insert—

“(ba) a Mayoral development corporation, when exercising any function of the Greater London Authority in consequence of an authorisation under section 38 of the Greater London Authority Act 1999;”.

(3) After paragraph (g) insert—

“(ga) any committee or sub-committee of a Mayoral development corporation when exercising any function of the Greater London Authority in consequence of an authorisation under section 38 of the Greater London Authority Act 1999;”.

(4) After paragraph (m) insert—

“(ma) any member, or member of staff, of a Mayoral development corporation when exercising, or acting in the exercise of, any function of the Greater London Authority in consequence of an authorisation under section 38 of the Greater London Authority Act 1999;”.”

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”

LORD JENKIN OF RODING

183A

Page 176, line 18, at end insert—

“( ) Any delegation under subsection (1) above shall be made by order subject to annulment in pursuance of a resolution of either House of Parliament.”

LORD TRUE

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.”

LORD JENKIN OF RODING

184ZA

Page 176, line 27, at end insert—

“(3A) In deciding to delegate an eligible function to the Mayor, the Minister must consult, and have regard to any comments made by, London boroughs or their representatives.”

After Clause 206

BARONESS HANHAM

184A

Insert the following new Clause—

“Part 7A Compensation for compulsory acquisition

Taking account of planning permission when assessing compensation

(1) The Land Compensation Act 1961 is amended as follows.

(2) In section 14 (assumptions as to planning permission)—

(a) before subsection (1) insert—

“(A1) This section applies only if the relevant land is in Wales.”, and

(b) in the side-note for “permission” substitute “permission: land in Wales”.

(3) After that section insert—

“14A Taking account of actual or expected planning permission: England

(1) This section is about assessing the value of land in accordance with rule (2) in section 5 for the purpose of assessing compensation in respect of a compulsory acquisition of an interest in land in England.

(2) In consequence of that rule, account may be taken—

(a) of planning permission, whether for development on the relevant land or other land, if it is in force at the relevant valuation date, and

(b) of the prospect, on the assumptions set out in subsection (5) but otherwise in the circumstances known to the market at the relevant valuation date, of planning permission being granted on or after that date for development, on the relevant land or other land, other than—

(i) development for which planning permission is in force at the relevant valuation date, and

(ii) appropriate alternative development.

(3) In addition, it may be assumed that planning permission is in force at the relevant valuation date for any development that is appropriate alternative development.

(4) For the purposes of this section, development is “appropriate alternative development” if—

(a) it is development, on the relevant land alone or on the relevant land together with other land, other than development for which planning permission is in force at the relevant valuation date, and

(b) on the assumptions set out in subsection (5) but otherwise in the circumstances known to the market at the relevant valuation date, planning permission for the development could at that date reasonably have been expected to be granted on an application decided—

(i) on that date, or

(ii) at a time after that date.

(5) The assumptions referred to in subsections (2)(b) and (4)(b) are—

(a) that the scheme of development underlying the acquisition had been cancelled on the launch date,

(b) that no action has been taken (including acquisition of any land, and any development or works) by the acquiring authority wholly or mainly for the purposes of the scheme,

(c) that there is no prospect of the same scheme, or any other project to meet the same or substantially the same need, being carried out in the exercise of a statutory function or by the exercise of compulsory purchase powers, and

(d) if the scheme was for use of the relevant land for or in connection with the construction of a highway (“the scheme highway”), that no highway will be constructed to meet the same or substantially the same need as the scheme highway would have been constructed to meet.

(6) In subsection (5)(a) “the launch date” means whichever of the following dates applies—

(a) if the acquisition is authorised by a compulsory purchase order, the date of first publication of the notice required under section 11 of the Acquisition of Land Act 1981 or (as the case may be) paragraph 2 of Schedule 1 to that Act,

(b) if the acquisition is authorised by any other order—

(i) the date of first publication, or

(ii) the date of service,

of the first notice that, in connection with the acquisition, is published or served in accordance with any provision of or made under any Act, or

(c) if the acquisition is authorised by a special enactment other than an order, the date of first publication of the first notice that, in connection with the acquisition, is published in accordance with any Standing Order of either House of Parliament relating to private bills;

and in paragraph (a) “compulsory purchase order” has the same meaning as in the Acquisition of Land Act 1981.

(7) In subsection (5)(d) references to the construction of a highway include its alteration or improvement.

(8) If there is a dispute as to what is to be taken to be the scheme mentioned in subsection (5) (“the underlying scheme”) then, for the purposes of this section, the underlying scheme is to be identified by the Upper Tribunal as a question of fact, subject as follows—

(a) the underlying scheme is to be taken to be the scheme provided for by the Act, or other instrument, which authorises the compulsory acquisition unless it is shown (by either party) that the underlying scheme is a scheme larger than, but incorporating, the scheme provided for by that instrument, and

(b) except by agreement or in special circumstances, the Upper Tribunal may permit the acquiring authority to advance evidence of such a larger scheme only if that larger scheme is one identified in the following read together—

(i) the instrument which authorises the compulsory acquisition, and

(ii) any documents published with it.

(9) For the purposes of the references to planning permission in subsections (2)(a) and (b)(i) and (4)(a) and section 14B(1)(c), it is immaterial whether any planning permission was granted—

(a) unconditionally or subject to conditions, or

(b) on an ordinary application, on an outline application or by virtue of a development order,

or is planning permission that, in accordance with any direction or provision given or made by or under any enactment, is deemed to have been granted.

14B Planning permission to be assumed for acquiring authority’s proposals

(1) In a case where—

(a) the relevant land is in England,

(b) the relevant interest is to be acquired for purposes which involve the carrying out of proposals of the acquiring authority for development of the relevant land or part of it, and

(c) planning permission for that development is not in force at the relevant valuation date,

it is to be assumed for the purposes of section 14A(2)(a) and (b)(i) and (4)(a) that planning permission is in force at the relevant valuation date for the development of the relevant land or that part of it, as the case may be, in accordance with the proposals of the acquiring authority.

(2) For the purposes of subsection (1)(b), no account is to be taken of any planning permission so granted as not to enure (while the permission remains in force) for the benefit of the land and of all persons for the time being interested in the land.”

(4) In section 15 (assumptions not directly derived from development plan) before subsection (1) insert—

“(A1) This section applies only if the relevant land is in Wales.”

(5) In section 16 (special assumptions in respect of certain land comprised in development plans)—

(a) before subsection (1) insert—

“(A1) This section applies only if the relevant land is in Wales.”, and

(b) in the side-note after “land” insert “in Wales”.

(6) In section 17 (certification of appropriate alternative development)—

(a) in subsection (1) after “an interest in land” insert “in Wales”,

(b) omit subsections (10) and (11) (which relate to the Norfolk and Suffolk Broads), and

(c) in the side-note for “development” substitute “development: Wales”.

(7) After section 17 insert—

“17A Certificate of appropriate alternative development: England

(1) Where an interest in land in England is proposed to be acquired by an authority possessing compulsory purchase powers, either of the parties directly concerned may (subject to subsection (2)) apply to the local planning authority for a certificate containing whichever of the following statements is the applicable statement—

(a) that in the local planning authority’s opinion there is development that, for the purposes of section 14A, is appropriate alternative development in relation to the acquisition;

(b) that in the local planning authority’s opinion there is no development that, for the purposes of section 14A, is appropriate alternative development in relation to the acquisition.

(2) If—

(a) the authority proposing to acquire the interest have served a notice to treat in respect of the interest or an agreement has been made for the sale of the interest to that authority, and

(b) a reference has been made to the Upper Tribunal to determine the amount of the compensation payable in respect of the interest,

no application for a certificate under this section may be made after the making of that reference by either of the parties directly concerned except with the consent in writing of the other party directly concerned or the permission of the Upper Tribunal.

(3) An application for a certificate under this section—

(a) must contain whichever of the following statements is the applicable statement—

(i) that in the applicant’s opinion there is development that, for the purposes of section 14A, is appropriate alternative development in relation to the acquisition concerned;

(ii) that in the applicant’s opinion there is no development that, for the purposes of section 14A, is appropriate alternative development in relation to the acquisition concerned;

(b) must, if it contains a statement under paragraph (a)(i), specify—

(i) each description of development that in the applicant’s opinion is, for the purposes of section 14A, appropriate alternative development in relation to the acquisition, and

(ii) the applicant’s reasons for holding that opinion; and

(c) must be accompanied by a statement specifying the date on which a copy of the application has been or will be served on the other party directly concerned.

(4) Where an application is made to the local planning authority for a certificate under this section in respect of an interest in land, the local planning authority must not, without the agreement of the other party directly concerned, issue a certificate to the applicant before the end of 22 days beginning with the date specified in the statement under subsection (3)(c).

(5) If a certificate under this section contains a statement under subsection (1)(a) it must also—

(a) identify every description of development (whether specified in the application or not) that in the local planning authority’s opinion is, for the purposes of section 14A, appropriate alternative development in relation to the acquisition concerned, and

(b) give a general indication—

(i) of any conditions to which planning permission for the development could reasonably have been expected to be subject,

(ii) of when the permission could reasonably have been expected to be granted if it is one that could reasonably have been expected to be granted only at a time after the relevant valuation date, and

(iii) of any pre-condition for granting the permission (for example, entry into an obligation) that could reasonably have been expected to have to be met.

(6) If a certificate under this section contains a statement under subsection (1)(a)—

(a) then, for the purposes of section 14A, development is appropriate alternative development in relation to the acquisition concerned if, and only if, it is of a description identified in accordance with subsection (5)(a) in the certificate, and

(b) the matters indicated in accordance with subsection (5)(b) in the certificate are to be taken to apply in relation to the planning permission that under section 14A(3) may be assumed to be in force for that development.

(7) If a certificate under this section contains a statement under subsection (1)(b) then, for the purposes of section 14A, there is no development that is appropriate alternative development in relation to the acquisition concerned.

(8) References in subsections (5) to (7) to a certificate under this section include references to the certificate as varied and to any certificate issued in place of the certificate.

(9) On issuing to one of the parties directly concerned a certificate under this section in respect of an interest in land, the local planning authority must serve a copy of the certificate on the other of those parties.

(10) In assessing any compensation payable to any person in respect of any compulsory acquisition, there must be taken into account any expenses reasonably incurred by the person in connection with the issue of a certificate under this section (including expenses incurred in connection with an appeal under section 18A where any of the issues are determined in the person’s favour).

(11) For the purposes of this section and sections 18A to 20, the Broads Authority is the sole district planning authority for the Broads; and here “the Broads” has the same meaning as in the Norfolk and Suffolk Broads Act 1988.”

(8) After section 18 (appeal to Welsh Ministers against certificate under section 17) insert—

“18A Appeal to Upper Tribunal against certificate under section 17A

(1) Where the local planning authority have issued a certificate under section 17A in respect of an interest in land—

(a) the person for the time being entitled to that interest, or

(b) any authority possessing compulsory purchase powers by whom that interest is proposed to be acquired,

may appeal to the Upper Tribunal against that certificate.

(2) On any appeal under this section against a certificate, the Upper Tribunal—

(a) must consider the matters to which the certificate relates as if the application for a certificate under section 17A had been made to the Upper Tribunal in the first place, and

(b) must—

(i) confirm the certificate, or

(ii) vary it, or

(iii) cancel it and issue a different certificate in its place,

as the Upper Tribunal may consider appropriate.

(3) Where an application is made for a certificate under section 17A, and at the expiry of the time prescribed by a development order for the issue of the certificate (or, if an extended period is at any time agreed upon in writing by the parties and the local planning authority, at the end of that period) no certificate has been issued by the local planning authority in accordance with that section, the preceding provisions of this section apply as if the local planning authority has issued such a certificate containing a statement under section 17A(1)(b).”

(9) In section 19 (extension of sections 17 and 18 to special cases)—

(a) in subsection (1) (surveyor may apply for certificate) for the words after “certificate” substitute “under section 17 or 17A; and the provisions of sections 17 and 18 if the land is in Wales, or the provisions of sections 17A and 18A if the land is in England, apply in relation to an application made by virtue of this subsection as they apply in relation to an application made by virtue of section 17(1) or, as the case may be, section 17A(1).”,

(b) in subsection (3) for “the said section seventeen” substitute “whichever of sections 17 and 17A is applicable”, and

(c) in the side-note after “17” insert “, 17A”.

(10) In section 20 (power to prescribe matters relevant to Part 3)—

(a) in the opening words after “seventeen” insert “, 17A”,

(b) in paragraph (a) after “seventeen” insert “or 17A”, and

(c) in paragraph (c) after “seventeen”, in both places, insert “or 17A”.

(11) In section 22(2) (interpretation of sections 17 and 18) after “eighteen” insert “and 17A and 18A”.”

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

LORD JENKIN OF RODING

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).”

BARONESS KRAMER

LORD TOPE

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.”

186AB

[Withdrawn]

Before Clause 207

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

LORD SHIPLEY

186AC

Insert the following new Clause—

“Power to transfer functions to permitted authorities

(1) The Secretary of State may by order make provision in relation to a specified permitted authority—

(a) conferring an eligible function on any person or body on the specified permitted authority in relation to a relevant area;

(b) transferring an eligible function from any person or body to the specified permitted authority in relation to a relevant area;

(c) about the discharge of eligible functions that are conferred on, or transferred to, permitted authorities by virtue of this section (including provision enabling the discharge of those functions to be delegated).

(2) An order under this section may modify any enactment (whenever passed or made) for the purpose of making the provision mentioned in subsection (1).

(3) The power to modify an enactment in subsection (2) is a power—

(a) to apply that enactment with or without modifications,

(b) to extend, disapply or amend that enactment, or

(c) to repeal or revoke that enactment with or without savings.

(4) An order under this section shall only be made if the Secretary of State considers that the order would achieve the purpose of the promotion of economic development or wealth creation in the relevant area.

(5) No eligible function may be conferred upon a permitted authority by an order under this section without that authority’s consent.

(6) Section 101 of the Local Government Act 1972 shall apply in relation to functions conferred or transferred under subsection (1).

(7) An order under this section may make provision for and in connection with the transfer of property, rights and liabilities from the person who, or body which, would have an eligible function but for the order (“the transferor”) to the permitted authority by whom the function is made exercisable by virtue of the order.

(8) The things that may be transferred by virtue of provision made under subsection (7) include—

(a) property, rights and liabilities that could not otherwise be transferred;

(b) property acquired, and rights and liabilities arising, after the making of the order.

(9) Provision which may be made under subsection (7) includes, in particular, provision—

(a) for the creation of rights, or the imposition of liabilities, in relation to property or rights transferred;

(b) about the continuing effect of things done by the transferor in respect of anything transferred;

(c) about the continuation of things (including legal proceedings) in the process of being done by, or on behalf of or in relation to the transferor in respect of anything transferred;

(d) for references to the transferor in an instrument or other document relating to anything transferred to be treated as references to the local authority;

(e) for the shared ownership or use of property;

(f) that has the same or similar effect to the TUPE regulations (so far as those regulations do not apply in relation to the transfer);

(g) for the transferor and local authority to be able to modify other provision made in relation to the transfer by agreement;

(h) for any modifications under paragraph (g) to have effect from the date when the transfer had effect under the order.

(10) For the purposes of this section—

(a) an individual who holds employment in the civil service is to be treated as employed by virtue of a contract of employment, and

(b) the terms of the individual’s employment in the civil service are to be regarded as constituting the terms of the contract of employment.

(11) In this section—

“civil service” means the civil service of the State;

“eligible function” means any function or power that:

(a) does not consist of a power to make regulations or other instruments of a legislative character or a power to fix fees or charges; and

(b) the Secretary of State considers can appropriately be exercised by the permitted authority for the purposes set out in subsection (4).

“local authority” means a county council, a unitary authority including a metropolitan borough council, or a non-unitary district council, but does not include any local authority within Greater London;

“permitted authority” means—

(a) a local authority;

(b) a combined authority established pursuant to section 103 of the Local Democracy, Economic Development and Construction Act 2009; or

(c) an economic prosperity board established pursuant to section 88 of the Local Democracy, Economic Development and Construction Act 2009.

“relevant area” means—

(a) the area of the specified permitted authority, or

(b) where the specified permitted authority is a local authority, the area of that local authority and the area of one or more other local authorities provided that:

(i) no part of the total relevant area is separated from the rest of it by one or more local government areas that are not within the area;

(ii) there is no local government area that is surrounded by local government areas that are within the area but that is not itself within the area;

provided that no order under this section shall be made in relation to a local authority area covered part by an existing order made under this section;

“specified” means specified or described in an order made by the Secretary of State under this section;

“TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246);

references to rights and liabilities include rights and liabilities relating to a contract of employment;

references to the transfer of property include the grant of a lease.”

186AD

Insert the following new Clause—

“Decision by the Secretary of State as to the exercise of powers under section (power to transfer functions to permitted authorities)

(1) If the Secretary of State receives a relevant proposal from any permitted authority, the Secretary of State must—

(a) consider the proposal, and

(b) notify the permitted authority making the proposal and any other permitted authority whose area is included in the relevant area to which the proposal relates of what action, if any, the Secretary of State is to take in relation to the proposal.

(2) For the purposes of subsection (1) a “relevant proposal” is a proposal—

(a) as to how the Secretary of State should exercise the powers in section 201 in relation to any area which is a “relevant area” within the meaning set out in section 201(11),

(b) that is accompanied by such information and evidence as the Secretary of State may specify in regulations made under this section.

(3) The Secretary of State shall from time to time specify in criteria in regulations which the Secretary of State shall apply when considering the exercise of the power to make an order under section 201(1). Such criteria shall include criteria which the Secretary of State considers desirable to secure appropriate governance and accountability for the operation of the relevant area to which the order applies.

(4) The Secretary of State shall consult with local authorities, before publishing or amending the criteria and information required by subsections (2)(b) and (3).

(5) Before making, revoking or varying an order under subsection (1), the Secretary of State shall consult such persons as appear to him or her to be affected.”

186AE

Insert the following new Clause—

“Delegation of functions by Ministers within an area covered by an Order under section (power to transfer functions to permitted authorities)

(1) If an order under section 201(1) is in force a Minister of the Crown may, to such extent and subject to such conditions as that Minister thinks fit, delegate to a permitted authority named in that order any of that Minister’s eligible functions.

(2) A function is eligible for the purposes of subsection (1) above if—

(a) it does not consist of a power to make regulations or other instruments of a legislative character or a power to fix fees or charges, and

(b) the Secretary of State considers that it can appropriately be exercised by the permitted authority.

(3) No delegation under subsection (1) above, and no variation of a delegation under subsection (1) above, may be made without the agreement of the permitted authority.

(4) A delegation under subsection (1) above may be revoked at any time by any Minister of the Crown.

(5) Section 101 of the Local Government Act 1972 shall apply in relation to functions delegated under subsection (1).”

186AF

Insert the following new Clause—

“Super-affirmative resolution procedure

(1) For the purposes of section (power to transfer functions to permitted authorities) the “super-affirmative resolution procedure” in relation to the making of an order pursuant to a draft order laid under that section is as follows.

(2) The Minister must have regard to—

(a) any representations,

(b) any resolution of either House of Parliament, and

(c) any recommendations of a committee of either House of Parliament charged with reporting on the draft order,

made during the 60-day period with regard to the draft order.

(3) If, after the expiry of the 60-day period, the Minister wishes to make an order in the terms of the draft, the Minister must lay before Parliament a statement—

(a) stating whether any representations were made under subsection (2)(a); and

(b) if any representations were so made, giving details of them.

(4) The Minister may after the laying of such a statement make an order in the terms of the draft if it is approved by a resolution of each House of Parliament.

(5) However, a committee of either House charged with reporting on the draft order may, at any time after the laying of a statement under subsection (3) and before the draft order is approved by that House under subsection (4), recommend under this subsection that no further proceedings be taken in relation to the draft order.

(6) Where a recommendation is made by a committee of either House under subsection (5) in relation to a draft order, no proceedings may be taken in relation to the draft order in that House under subsection (4) unless the recommendation is, in the same Session, rejected by resolution of that House.

(7) If, after the expiry of the 60-day period, the Minister wishes to make an order consisting of a version of the draft order with material changes, the Minister must lay before Parliament—

(a) a revised draft order; and

(b) a statement giving details of—

(i) any representations made under subsection (2)(a); and

(ii) the revisions proposed.

(8) The Minister may after laying a revised draft order and statement under subsection (7) make an order in the terms of the revised draft if it is approved by a resolution of each House of Parliament.

(9) However, a committee of either House charged with reporting on the revised draft order may, at any time after the revised draft order is laid under subsection (7) and before it is approved by that House under subsection (8), recommend under this subsection that no further proceedings be taken in relation to the revised draft order.

(10) Where a recommendation is made by a committee of either House under subsection (9) in relation to a revised draft order, no proceedings may be taken in relation to the revised draft order in that House under subsection (8) unless the recommendation is, in the same Session, rejected by resolution of that House.

(11) For the purposes of subsections (4) and (8) an order is made in the terms of a draft order if it contains no material changes to the provisions of the draft order.

(12) In this section the “60-day period” means the period of 60 days beginning with the day on which the draft order was laid before Parliament under section (power to transfer functions to permitted authorities).

(13) In this section “representations” means any representation made to the Minister by any person or body.”

LORD SHIPLEY

186AG

Insert the following new Clause—

“Delegation of functions by Ministers to permitted authorities

(1) A Minister of the Crown may, to such extent and subject to such conditions as that Minister thinks fit, delegate to a permitted authority any of that Minister’s eligible functions.

(2) A function is eligible for the purposes of subsection (1) above if—

(a) it does not consist of a power to make regulations or other instruments of a legislative character or a power to fix fees or charges, and

(b) the Secretary of State considers that it can appropriately be exercised by the permitted authority.

(3) No delegation or variation of a delegation under subsection (1) may be made without the agreement of the permitted authority.

(4) A delegation under subsection (1) may be revoked at any time by any Minister of the Crown.

(5) Section 101 of the Local Government Act 1972 shall apply in relation to functions delegated under subsection (1).

(6) In this section “permitted authority” has the meaning set out in section (power to transfer functions to permitted authorities) (11).”

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);”

BARONESS HANHAM

186CA

Page 183, line 13, at end insert “or (Taking account of planning permission when assessing compensation);

(h) an order or regulations under section 210 which, in consequence of provision made by section (Taking account of planning permission when assessing compensation), amend or repeal a provision of an Act other than a local or private Act.”

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

186D

Page 183, line 35, at end insert—

“( ) If an order made under section (power to transfer functions to permitted authorities) would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.”

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).”

187AA

Page 427, leave out line 40 and insert—

“In section 38—
(a) subsections (2)(d) and (7)(b), and
(b) in subsection (8), paragraph (c) and the
“or” preceding it.”

187AB

Page 430, line 6, at end insert—

“Part 33 Compensation for compulsory acquisition
Reference Extent of repeal
Land Compensation Act 1961 (c. 33) Section 17(10) and (11).
Norfolk and Suffolk Broads Act 1988 (c. 4) In Schedule 3, paragraph 3.”

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 20th July 2011