Localism Bill

Page 33, line 34, at end insert—

“(c) any private commercial undertaking”

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

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

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

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

Page 38, line 20, at end insert—

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

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

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

Page 38, line 39, at end insert “or

“(iii) a parish.”

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

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

Insert the following new Clause—

“Offence of paying for signatures

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

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

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

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

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

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

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

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

Page 40, line 24, at end insert—

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

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

Page 40, line 27, after “is” insert “trivial, unnecessary, repetitive, disproportionate,”

Page 40, line 28, at end insert—

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

Page 40, line 28, at end insert—

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

Page 40, line 33, at end insert—

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

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

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

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

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

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

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

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

The above-named Lords give notice that they intend to oppose the Question the Clause 50 stand part of the Bill.

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

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

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

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

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

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

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

Page 43, line 11, insert—

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

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

Page 43, line 15, at end insert—

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

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

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

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

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

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

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

Insert the following new Clause—

“Parish polls

In Schedule 12 of the Local Government Act 1972 sub-paragraphs 18(4), 18(5) and 18(6) are omitted.”

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

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

Page 62, line 38, at end insert—

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

Page 66, line 20, at end insert—

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

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

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

Page 322, line 42, at end insert—

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

Page 85, line 23, at end insert—

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

Insert the following new Clause—

“Suitability of accommodation

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

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

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

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

(a) subsection (1) of section 208;

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

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

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

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

(f) the availability of medical treatment where appropriate;

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

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

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

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

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

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

Insert the following new Clause—

“Exemptions from flexible tenancy regime

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

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

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

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

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

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

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

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

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

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

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

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

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

Leave out Clause 131 and insert the following new Clause—

“Tenancy strategies

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

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

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

(a) the kinds of tenancies they grant,

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

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

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

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

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

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”

Insert the following new Clause—

“Exclusion of certain rural dwellings from the preserved right to buy

The preserved right to buy under section 171A of the Housing Act 1985 (cases in which right to buy is preserved) shall not be available in respect of a dwelling-house let by a registered provider of social housing in a rural area designated for the purposes of section 17(1)(b) of the Housing Act 1996 (right of tenant to acquire dwelling: supplementary provisions).”

Insert the following new Clause—

“Tenancy deposit schemes

(1) Section 213 of the Housing Act 2004 (requirements relating to tenancy deposits) is amended as follows.

(2) For subsection (3) substitute—

“(3) Where a landlord receives a tenancy deposit in connection with a shorthold tenancy, the deposit must be protected by the landlord within the period of 14 days beginning with the date on which it is received.”

(3) For subsection (4) substitute—

“(4) For the purposes of this section, a deposit is protected when the landlord complies with such requirements of an authorised scheme as fall to be observed by a landlord for the purpose of subsection (1).”

(4) In subsection 5(b), omit “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 subsection (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; and

(ii) the tenant is a person who (alone or jointly with others) was a tenant under the earlier tenancy; and

(iii) under which the deposit, or part of the deposit, received by the landlord under the earlier tenancy (or under a previous tenancy) is retained by the landlord.”

Insert the following new Clause—

“Proceedings relating to tenancy deposits

(1) Section 214 of the Housing Act 2004 (proceedings relating to tenancy deposits) is amended as follows.

(2) In subsection (1) for paragraph (a) substitute—

“(a) that the deposit has not been protected in accordance with section 213(3) or that section 213(6) has not been complied with; or”.

(3) In subsection (2) for paragraph (a) substitute—

“(a) that the deposit has not been protected in accordance with subsection (4) or that subsection (6) has not been complied with, or”.

(4) In subsection (3) after paragraph (b) insert “(unless the tenancy in question and any replacement tenancy have ended)”.

(5) For subsection (4) substitute—

“(4) The court must also order the landlord to pay to the applicant such additional sum of money as it shall consider reasonable being not less than the amount of the deposit nor more than three times the amount of the deposit within the period of 14 days beginning with the date of the making of the order.”

(6) After subsection (6) insert—

“(7) In determining the sum of money payable by the landlord under subsection (4), the court shall have regard to all the circumstances, and in particular—

(a) the landlord’s reasons for his failure to comply with his obligations under this Chapter;

(b) whether the landlord knew, or ought to have known, of his obligations; and

(c) the length of time taken by the landlord in complying with his obligations.

(8) In considering the extent of the landlord’s knowledge under subsection (7)(b), the court shall assume that the landlord knew, or ought to have known, of his obligations unless the contrary is proved.

(9) In this section references to a tenant include any person or persons who is or was the tenant under a tenancy to which section 213(1) relates, or under any replacement tenancy.””

Insert the following new Clause—

“Sanctions for non-compliance

(1) Section 215 of the Housing Act 2004 (sanctions for non-compliance) is amended as follows.

(2) In subsection (1) for paragraphs (a) and (b) substitute—

“(a) the deposit has not been protected (see section 213(4)), or

(b) the deposit is not being held in accordance with an authorised scheme”.”

Insert the following new Clause—

“Community land trusts and leasehold enfranchisement

(1) The Housing and Regeneration Act 2008 is amended as follows.

(2) After section 302 insert—

“302A Community land trust and leasehold enfranchisement

(1) Regulations may make provision for securing that in prescribed circumstances—

(a) an enfranchisement right is not exercisable in relation to dwellings owned (whether freehold or leasehold) by a community land trust as defined in section 79 of this Act, or

(b) the exercise of an enfranchisement right in relation to that land is subject to modifications provided for by the regulations.

(2) Each of the following is an “enfranchisement right”—

(a) the right under Part 1 of the Leasehold Reform Act 1967 to acquire the freehold of a house (enfranchisement),

(b) the right under Chapter 1 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993 (collective enfranchisement in case of tenants of flats), and

(c) the right under section 180 of the Housing and Regeneration Act 2008 (right to acquire social housing).

(3) The regulations may—

(a) confer discretionary powers on the Secretary of State, a community land trust or any other specified person, and

(b) require notice to be given by a community land trust in any case where, as a result of the regulations, an enfranchisement right is not exercisable or is exercisable subject to modifications.”.”

Page 186, line 46, at end insert—

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