Localism Bill

AMENDMENTS
TO BE MOVED
ON REPORT

After Clause 130

LORD JENKIN OF RODING

 

Insert the following new Clause—

“Code of practice for subterranean development

(1) Any proposed development which extends below the ground lebvel 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) demostrating 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 subterrranean development conditional on the developer undertaking to abide by the code or specified element of it.”

 

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.”

Clause 133

LORD KENNEDY OF SOUTHWARK

 

Page 124, line 30, after “(4)” insert “and (7A)”

 

Page 124, line 32, 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 134

LORD SHIPLEY

 

Page 126, line 4, after “1985)” insert “or who have been owed such duties at any time within the previous five years”

Clause 135

LORD SHIPLEY

 

Page 128, line 29, leave out “two” and insert “five”

 

Page 128, line 38, leave out paragraph (d)

Clause 136

LORD SHIPLEY

 

Page 129, line 18, 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 an options available to the applicant, shall, in addition to the information specified in subsection (3), set out the steps which in the opinion of the authority are required to resolve the applicant’s housing needs.

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

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

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

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

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

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

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

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

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

 

Page 129, line 25, at end insert—

“( ) 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 notfied 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.””

 

Page 129, line 25, at end insert—

“( ) 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.””

 

Page 129, line 25, at end insert—

“( ) Omit section 192.”

 

Page 129, line 25, at end insert—

“( ) For section 190 substitute—

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

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

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

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

(c) both of the above.

(2) The local authority shall—

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

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

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

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

 

Page 129, line 31, leave out “two” and insert “five”

 

Page 130, leave out lines 20 to 23

After Clause 136

LORD SHIPLEY

 

Insert the following new Clause—

“Suitability of accommodation (No. 2)

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

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

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

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

(a) subsection (1) of section 208;

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

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

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

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

(f) the availability of medical treatment where appropriate;

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

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

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

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

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

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

 

Insert the following new Clause—

“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)”.”

 

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 137

LORD KENNEDY OF SOUTHWARK

 

Leave out Clause 137 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 authorities acting jointly.”

Clause 141

LORD SHIPLEY

 

Page 133, line 2, leave out “two” and insert “five”

 

Page 133, line 7, at end insert—

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

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

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

 

Page 136, line 4, 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.”

After Clause 149

LORD KENNEDY OF SOUTHWARK

 

Insert the following new Clause—

“Possession of assured tenancies granted for a fixed term

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

“(6AA) In the case of a dwelling-house in England, subsection (6)(a) has effect as if it also referred to Ground 6 in Part 1 of Schedule 2 to this Act, and omitted the reference to Ground 9 in Part 2 of Schedule 2 to this Act.”

(2) 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 6 insert after the final unnumbered paragraph—

“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.”

(3) In Part 2 of Schedule 2 to that Act (grounds for possession of dwelling-houses let on assured tenancies: grounds on which court may order possession) at the end of Ground 9 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 153

LORD SHIPLEY

 

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 2 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.””

Clause 163

LORD KENNEDY OF SOUTHWARK

 

Leave out Clause 163

Schedule 16

LORD KENNEDY OF SOUTHWARK

 

Page 374, line 4, after “means” insert “the Regulation officer of”

 

Page 374, line 6, after “means” insert “the Regulation officer of”

 

Page 374, line 6, 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.”

 

Page 374, line 10, after “on” insert “the Regulation Officer of”

 

Page 374, line 12, leave out “by the HCA acting through” and insert “by the Regulation Officer of the HCA acting under the supervision and oversight of”

 

Page 375, line 33, leave out “, unfit or unsuitable” and insert “or unfit”

Schedule 17

LORD KENNEDY OF SOUTHWARK

 

Page 384, line 33, 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)””

 

Page 388, line 13, at end insert—

“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.””

After Clause 166

LORD SHIPLEY

 

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.””

Clause 167

LORD KENNEDY OF SOUTHWARK

 

Page 153, line 22, leave out “must” and insert “may”

 

Page 153, line 23, leave out “is not “duly made””

 

Page 153, line 24, leave out “unless it is” and insert “may be”

 

Page 154, line 30, leave out from beginning to end of line 18 on page 155

After Clause 172

LORD KENNEDY OF SOUTHWARK

 

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—

“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

 

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.””

LORD KENNEDY OF SOUTHWARK

 

Insert the following new Clause—

“Landlord 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 aspects 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 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.”

LORD SHIPLEY

 

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.”

 

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”.”

 

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.””

 

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”.”

 

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.””

 

Insert the following new Clause—

“Standards for private sector lettings and management agents

The Secretary of State may by regulations set the standards that private sector lettings agents and management agents must adhere to.”

 

Insert the following new Clause—

“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 217

LORD JENKIN OF RODING

 

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).”

Before Clause 219

LORD SHIPLEY

 

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 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 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.”

 

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.”

 

Insert the following new Clause—

“Delegation of functions by Minister 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).”

 

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 fuctions to permitted authorities).

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

 

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).”

After Clause 224

LORD JENKIN OF RODING

 

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.”

Prepared 25th August 2011