Localism Bill

Page 18, line 17, at end insert—

“( ) Section 18A(1) does not authorise charging for community safety and fire prevention work undertaken by a fire and rescue authority.”

Page 23, line 2, leave out subsections (1) and (2) and insert—

“(1) It is the duty of a relevant authority to adopt a code of conduct drawn up by representatives of local government as specified by the Secretary of State regarding the conduct which is expected of members and co-opted members of relevant authorities in England.

(2) The code of conduct—

(a) must be consistent with the principles of—

(i) selflessness,

(ii) integrity,

(iii) objectivity,

(iv) accountability,

(v) openness,

(vi) honesty, and

(vii) leadership;

(b) must include provisions on registration and declaration of financial and other interests;

(c) may include other provisions that are mandatory; and

(d) may include provisions that are optional.”

Insert the following new Clause—

“Standards committees

(1) A relevant authority must establish a standards committee to discharge functions in respect of subsections 17(3) and (4).

(2) The standards committee must be chaired by a person who is not a member or officer of that or another relevant authority and at least 25% of the members of the standards committee must also be independent of a relevant authority.”

Insert the following new Clause—

“Appeals

(1) The Secretary of State may appoint a standing appeals panel made up of local government representatives and independent chairs of standards committees.

(2) A member of an authority who has been found to have failed to comply with that authority’s code of conduct may appeal the decision of the standards committee to the appeals panel.”

Leave out Clause 18

Leave out Clause 19

Page 146, line 5, at end insert—

“(2A) In that Part of that Schedule, in Ground 16 (vesting of tenancy in member of previous tenant’s family other than his or her spouse or civil partner)—

(a) at the beginning of the first unnumbered paragraph for “The accommodation afforded by the dwelling-house” substitute “The dwelling-house is in Wales, the accommodation afforded by it”,

(b) in the first unnumbered paragraph—

(i) in paragraph (a) after “tenancy)” insert “or 90 (devolution of term certain)”, and

(ii) in paragraph (b) for “the date of the previous tenant’s death” substitute “the relevant date”, and

(c) after the first unnumbered paragraph insert—

“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.””

Page 146, line 35, at end insert—

(aa) the dwelling-house is in England,”

Page 147, line 4, after “tenancy” insert “of a dwelling-house in England”

Page 147, line 41, after “dwelling-house” insert “in England”

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.””

Page 381, line 15, at end insert—

59A The Housing (Scotland) Act 2010 is amended as follows.

59B In section 18(2) (co-operation with other regulators: definition of “relevant regulators”) in paragraph (a) for “the Office for Tenants and Social Landlords” substitute “the Regulator of Social Housing”.

59C In section 68(3) (determination of accounting requirements for registered social landlords: consultation with other bodies) in paragraph (c) for “the Office for Tenants and Social Landlords” substitute “the Regulator of Social Housing”.

59D In Schedule 19 to the Equality Act 2010 (public authorities) omit the entry for the Office for Tenants and Social Landlords.”

Page 384, line 33, at end insert—

“1A In section 122 (restriction on gifts and distributions by non-profit registered providers to members etc) after subsection (6) insert—

“(7) The Secretary of State may by order amend this section for the purpose of—

(a) adding to the permitted classes, or

(b) modifying or removing a permitted class added by order under this subsection.

(8) Before making an order under subsection (7), the Secretary of State must consult—

(a) the Charity Commission,

(b) the regulator, and

(c) one or more bodies appearing to the Secretary of State to represent the interests of registered providers.””

Page 388, line 13, at end insert—

“17 In section 320 of the Housing and Regeneration Act 2008 (orders and regulations)—

(a) in subsection (3)(a) (orders subject to approval in draft by each House of Parliament), after “114” insert “, 122”, and

(b) in subsection (7)(a) (orders subject to annulment by either House of Parliament, and exceptions from that requirement), after “114” insert “, 122”.”

Page 154, line 6, at end insert—

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

Page 159, line 27, leave out from “words” to “and” in line 31 and insert “for “if on such an application” substitute “in the case of an application under subsection (1) if the tenancy has not ended and”,”

Page 159, line 34, at end insert—

“(6A) After subsection (2) insert—

“(2A) Subsections (3A) and (4) apply in the case of an application under subsection (1) if the tenancy has ended (whether before or after the making of the application) and the court—

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

(b) is not satisfied that the deposit is being held in accordance with an authorised scheme,

as the case may be.””

Page 159, line 36, leave out from beginning to third “the” in line 37

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.”

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.”

Page 401, line 2, leave out from “MDC” to end of line 3

Page 402, line 22, at end insert—

1A In section 1(4) of the Local Authorities (Goods and Services Act) 1970 (supply of goods and services by local authorities: interpretation) in the definition of “local authority” after “(joint waste authorities)” insert “, a Mayoral development corporation”.”

Page 188, line 27, at end insert—

“(3A) Before making or varying a delegation under subsection (1) above, a Minister of the Crown must consult—

(a) each London borough council,

(b) the Common Council, and

(c) the Assembly.”

Insert the following new Clause—

“Sharing of administrative etc services by London Authorities

(1) Section 401A of the Greater London Authority Act 1999 (sharing of administrative etc services by the Greater London Authority and functional bodies) is amended as follows.

(2) In subsection (1) (definition of “constituent body”)—

(a) for “constituent body” substitute “relevant London authority”, and

(b) at the end of paragraph (b) insert “,

(c) the London Pensions Fund Authority,

(d) the London Transport Users’ Committee,

(e) the Commissioner of Police of the Metropolis, and

(f) such person or body falling within subsection (1A) as the Secretary of State may specify by order.”

(3) After that subsection insert—

“(1A) A person or body falls within this subsection if the person or body exercises functions of a public nature in relation only to—

(a) Greater London,

(b) a part of Greater London, or

(c) a part of England including Greater London or a part of Greater London.”

(4) In subsection (2) (power of constituent bodies to enter into arrangements for provision of administrative etc services), for “constituent bodies” substitute “relevant London authorities”.

(5) In subsection (3) (arrangements may include discharge of functions by one constituent body on behalf of another)—

(a) for “constituent bodies” substitute “relevant London authorities”, and

(b) for “constituent body” substitute “relevant London authority”.

(6) In subsection (4) (power of constituent bodies to form joint committees) for “constituent bodies” substitute “relevant London authorities”.

(7) In subsection (5) (joint committee to be treated as separate from constituent bodies for purposes of section)—

(a) for “constituent body” substitute “relevant London authority”, and

(b) for “constituent bodies” substitute “relevant London authorities”.

(8) After subsection (6) insert—

“(6A) The Secretary of State must consult a person or body before making an order under subsection (1)(f) specifying that person or body.”

(9) In section 420(8) of that Act (orders subject to annulment) after the entry for section 395 insert “401A(1)(f);”.”

Page 441, line 31, leave out from “section” to “the” in line 32 and insert “214(4),”