Localism Bill

MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT

The amendments are expected to be marshalled in accordance with the Order of 5th September 2011, as follows—

Clauses 132 to 146
Schedule 14
Clauses 147 to 154
Schedule 15
Clauses 155 to 165 Schedulle 16
Clause 166
Schedule 17
Clauses 167 to 170 Scheduule 18
Clauses 171 to 182
Schedules 19 and 20
Clauses 183 to 185
Schedule 21
Clauses 186 to 209
Schedule 22
Clauses 210 to 212
Schedule 23
Clauses 213 to 217
Clause 1
Schedule 1
Clauses 2 to 11
Schedule 2
Clause 12
Schedule 3
Clauses 13 to 15
Schedule 4
Clauses 16 to 60
Schedules 5 and 6
Clauses 61 to 67
Schedule 7
Clauses 68 to 97
Schedule 8
Clauses 98 to 104
Schedules 9 to 11
Clauses 105 to 109
Schedule 12
Clauses 110 to 116
Schedule 13
Clauses 117 to 131
Clauses 218 and 219
Schedule 24
Clauses 220 to 223
Schedule 25
Clauses 224 to 227

[Amendments marked * are new or have been altered]

Before Clause 132

LORD WHITTY

1

Insert the following new Clause—

“Housing strategy

(1) All measures required of local housing authorities in relation to social housing and homelessness as a result of this Part shall be undertaken in consistency with the housing strategy required by subsection (3) and with requirements under section 87 of the Local Government Act 2003 and section 13 of the Planning and Compulsory Purchase Act 2004, and regulations and guidance issued by the Secretary of State.

(2) All local housing authorities must draw up an analysis of housing supply and demand in their areas and neighbouring areas as far as is relevant.

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;

(e) second homes; and

(f) broad demographic and employment trends in their areas.

(3) On the basis of this analysis, each local housing authority shall draw up a rolling ten year housing strategy for their area.”

Clause 133

LORD KENNEDY OF SOUTHWARK

2

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

3

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

LORD KENNEDY OF SOUTHWARK

4

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

Before Clause 135

LORD KENNEDY OF SOUTHWARK

5

Insert the following new Clause—

“Prevention of homelessness: advice and assistance

(1) The Housing Act 1996 is amended as follows.

(2) After section 184 (inquiry into cases of homelessness or threatened homelessness) insert—

“184A Prevention of homelessness: advice and assistance

(1) An authority must, in the course of its enquiries under section 184, offer advice and assistance to the applicant for the purpose of the prevention of homelessness.

(2) The Secretary of State may make regulations about the information to be provided to applicants under subsection (1), following consultation with local authorities.””

Clause 135

LORD KENNEDY OF SOUTHWARK

LORD BEST

6*

Page 128, line 3, at beginning insert “Subject to section (Expiration of sections 135 and 136),”

LORD SHIPLEY

7

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

8

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

LORD KENNEDY OF SOUTHWARK

9

Leave out Clause 135

After Clause 135

LORD KENNEDY OF SOUTHWARK

LORD BEST

10*

Insert the following new Clause—

“Homelessness report

(1) The Secretary of State must lay before Parliament a report on homelessness within three years of the commencement of sections 135 and 136.

(2) A report under subsection (1) must include an assessment of the impact of the changes on the housing benefit system.”

Clause 136

LORD KENNEDY OF SOUTHWARK

LORD BEST

11*

Page 129, line 18, at beginning insert “Subject to section (Expiration of sections 135 and 136),”

LORD SHIPLEY

12

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 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.””

13

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, remain 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.””

14

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) 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.

(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.””

15

Page 129, line 25, at end insert—

“( ) Omit section 192.”

16

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).””

17

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

18

Page 130, leave out lines 20 to 23

LORD KENNEDY OF SOUTHWARK

19

Leave out Clause 136

After Clause 136

LORD SHIPLEY

LORD KENNEDY OF SOUTHWARK

20

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 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.””

21

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)”.”

22

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

LORD WHITTY

23

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 139

LORD KENNEDY OF SOUTHWARK

24

Leave out Clause 139

Clause 141

LORD SHIPLEY

LORD WHITTY

25

Page 133, line 3, leave out “two” and insert “five”

LORD SHIPLEY

26

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.”

LORD WHITTY

27

Page 133, line 33, at end insert—

“( ) A local housing authority or registered social landlord may in any given year designate a maximum of 25 per cent of its new tenancies as flexible tenancies.

( ) Existing tenancies may not be redesignated as flexible tenancies.”

LORD SHIPLEY

LORD KENNEDY OF SOUTHWARK

LORD BEST

28

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.”

Clause 142

LORD KENNEDY OF SOUTHWARK

LORD BEECHAM

29

Page 136, line 35, leave out subsections (3) and (4)

Clause 147

BARONESS WILKINS

30*

Page 142, line 40, at end insert—

“( ) The Secretary of State must publish directions to the social housing regulator requiring the regulator to set standards on the provision of succession rights in express terms of secure tenancies.”

Clause 148

BARONESS WILKINS

31*

Page 144, line 42, at end insert—

“( ) The Secretary of State must publish directions to the social housing regulator requiring the regulator to set standards on the provision of succession rights in express terms of assured tenancies.”

Clause 149

BARONESS HANHAM

32

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.””

After Clause 149

LORD KENNEDY OF SOUTHWARK

33

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.””

Clause 150

BARONESS HANHAM

34

Page 146, line 35, at end insert—

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

Clause 151

BARONESS HANHAM

35

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

Clause 153

BARONESS HANHAM

36

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

After Clause 153

LORD SHIPLEY

LORD PALMER OF CHILDS HILL

37

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.””

Clause 154

LORD WHITTY

38

Leave out Clause 154

Clause 155

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

39

Page 149, line 5, leave out “, or is likely to be,”

LORD WHITTY

40

Leave out Clause 155

After Clause 155

LORD BEST

LORD MCKENZIE OF LUTON

41

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 156

LORD WHITTY

42

Leave out Clause 156

Clause 157

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

43

Page 150, line 6, at end insert—

“( ) The Secretary of State shall pay such additional settlement payment as is reasonable in the circumstances where—

(a) any sum payable by the Secretary of State to a local housing authority is not paid by a time determined under this section for its payment; or

(b) any additional costs are incurred by the local housing authority as a result of any sum payable by the Secretary of State not being paid by a time disclosed under this section for payment.”

LORD WHITTY

44

Leave out Clause 157

Clause 158

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

45

Leave out Clause 158 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, and to any regulations made under section 4 of the Local Government Act 2003.

(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 WHITTY

LORD BEST

46

Leave out Clause 158

After Clause 158

BARONESS HOLLIS OF HEIGHAM

47

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 159

LORD WHITTY

48

Leave out Clause 159

Clause 160

LORD WHITTY

49

Leave out Clause 160

Clause 161

LORD WHITTY

50

Leave out Clause 161

After Clause 161

LORD BEST

51*

Insert the following new Clause—

“Use of capital receipts

(1) In section 11 of the Local Government Act 2003 (use of capital receipts) omit subsections (2)(b), (3) and (4).

(2) Any regulation made under section 11(2) of the Local Government Act 2003 shall cease to have effect from 1 April 2012.”

Clause 162

LORD WHITTY

52

Leave out Clause 162

Clause 163

LORD WHITTY

53

Page 152, line 12, at end insert—

“(gb) methods of ensuring that when exchanges of tenancies take place on the basis of changed housing needs existing tenancy contracts and terms will be maintained for both parties,”.”

LORD BEST

LORD KENNEDY OF SOUTHWARK

54

Leave out Clause 163

Schedule 16

LORD KENNEDY OF SOUTHWARK

55

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

56

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

57

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.”

58

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

59

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

LORD BEST

LORD KENNEDY OF SOUTHWARK

60

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

BARONESS HANHAM

61

Page 381, line 15, at end insert—

“Housing (Scotland) Act 2010 (asp 17)

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”.

Equality Act 2010 (c. 15)

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

After Clause 166

LORD SHIPLEY

62

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.””

Schedule 17

BARONESS HANHAM

63

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.””

LORD BEST

64

Page 384, line 33, 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 KENNEDY OF SOUTHWARK

65

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)”.”

BARONESS HANHAM

66

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”.”

LORD BEST

LORD KENNEDY OF SOUTHWARK

67

Page 388, line 13, 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 167

LORD WHITTY

68

Page 153, line 22, leave out from beginning to end of line 8 on page 154 and insert—

“(7A) Under Schedule 2 to the Housing Act 1996 (social rented sector: housing complaints) a complaint may be made in writing to a housing ombudsman directly from a tenant or via—

(a) a member of the House of Commons,

(b) a member of the local housing authority in which the property is located, or

(c) a designated tenant panel for the social landlord (see paragraph 7B(1)).”

BARONESS HAYTER OF KENTISH TOWN

LORD KENNEDY OF SOUTHWARK

LORD BEST

69

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

LORD KENNEDY OF SOUTHWARK

LORD TOPE

LORD SHIPLEY

70

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

BARONESS HAYTER OF KENTISH TOWN

LORD BEST

LORD KENNEDY OF SOUTHWARK

71

Page 153, line 23, leave out “is not “duly made”” and insert “may be made”

72

Page 153, line 24, leave out “unless it is made”

LORD KENNEDY OF SOUTHWARK

LORD TOPE

LORD SHIPLEY

73

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

LORD PALMER OF CHILDS HILL

LORD TOPE

74

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.”

LORD BEST

75

Page 154, line 30, leave out from beginning to end of line 7 on page 155

LORD KENNEDY OF SOUTHWARK

76

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

After Clause 170

BARONESS DOOCEY

LORD PALMER OF CHILDS HILL

77

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 available 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.”

Clause 171

BARONESS HANHAM

78

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”,”

79

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.””

80

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

After Clause 172

LORD BEST

LORD KENNEDY OF SOUTHWARK

81

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

82

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 KENNEDY OF SOUTHWARK

83

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

84

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

LORD WHITTY

85

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 may, in consultation with local authorities, 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 complaint 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

86

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.”

87

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 covenant 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.””

88

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 the 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.””

89

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”.”

90

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.””

91

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.”

92

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) omit 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”.”

LORD PALMER OF CHILDS HILL

LORD SHIPLEY

93

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.”

After Clause 174

LORD PALMER OF CHILDS HILL

BARONESS DOOCEY

LORD MCKENZIE OF LUTON

94

Insert the following new Clause—

“Establishment of Strategic Board

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

(2) The 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 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 Board.”

After Clause 182

BARONESS KRAMER

95

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 exercising 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 purpose 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.”

Clause 184

LORD JENKIN OF RODING

LORD MCKENZIE OF LUTON

96

Page 174, line 14, after “Assembly” insert “or those London borough councils whose borough contains any part of the designated area”

Schedule 21

BARONESS HANHAM

97

Page 399, line 6, at end insert—

“(1A) The Mayor must, subject to sub-paragraph (3), exercise the Mayor’s power under sub-paragraph (1) so as to secure that the members of an MDC include at least one elected member of each relevant London council.

(1B) For the purposes of this Schedule—

(a) “London council” means a London borough council or the Common Council of the City of London, and

(b) a London council is “relevant” in relation to an MDC if any part of the MDC’s area is within the council’s area.”

LORD JENKIN OF RODING

LORD MCKENZIE OF LUTON

98

Page 399, line 14, 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 HANHAM

99

Page 399, line 39, after “Act),” insert—

“(ca) the member has since being appointed ceased to be an elected member of a relevant London council and the Mayor wishes to appoint an elected member of that council to be a member of the MDC in the member’s place,”

100

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

LORD JENKIN OF RODING

LORD MCKENZIE OF LUTON

101

Page 401, line 3, 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.”

BARONESS HANHAM

102

Page 401, line 27, after “it,” insert—

“(ba) its members not including at least one elected member of each relevant London council,”

Clause 189

LORD JENKIN OF RODING

LORD MCKENZIE OF LUTON

103

Page 178, line 34, after “Assembly” insert “or those London borough councils whose borough contains any part of the designated area”

Schedule 22

BARONESS HANHAM

104

Page 402, line 22, at end insert—

“Local Authorities (Goods and Services) Act 1970 (c. 39)

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”.”

Clause 210

BARONESS HANHAM

105

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.”

LORD TRUE

106*

Page 188, line 27, at end insert—

“( ) No delegation to the Mayor under subsection (1) above may be made unless the Secretary of State has—

(a) consulted all London boroughs and the City of London on whether the function could be more appropriately and effectively conducted at a more local level by London boroughs, or any borough or group of London boroughs within the Greater London Authority area, and

(b) if a majority of the authorities consulted think that the function could be more appropriately and effectively conducted at borough level, laid a statement before Parliament explaining why the function should not be delegated to a more local level than the Mayor.”

After Clause 216

BARONESS HANHAM

107

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);”.”

After Clause 217

LORD JENKIN OF RODING

BARONESS KRAMER

LORD TOPE

108

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 under 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

109

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”.”

Clause 9

BARONESS HANHAM

110

Page 15, line 30, leave out “5C(7)” and insert “5C(7)(b)”

111

Page 16, line 13, leave out “5C(7)” and insert “5C(7)(b)”

Clause 10

BARONESS SMITH OF BASILDON

BARONESS FINLAY OF LLANDAFF

LORD MCKENZIE OF LUTON

112

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.”

BARONESS HANHAM

113*

Page 18, line 17, at end insert—

“(5A) Subject to subsection (5B), section 18A(1) does not authorise charging for action taken under section 6.

(5B) Subsection (5A) does not prevent charging for the giving of advice, other than advice of the kind mentioned in section 6(2)(b), in relation to premises where a trade, business or other undertaking is carried on (whether for profit or not).”

After Clause 10

LORD MCKENZIE OF LUTON

BARONESS HANHAM

LORD SHIPLEY

114

Insert the following new Clause—

“CHAPTER 2A Transfer and delegation of functions to certain authorities

Power to transfer local public functions to permitted authorities

(1) The Secretary of State may by order make provision—

(a) transferring a local public function from the public authority whose function it is to a permitted authority;

(b) about the discharge of local public functions that are transferred to permitted authorities under 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 may disapply, or modify the application of, Chapter 4 of Part 1A of the Local Government Act 2000 (changing local authority governance arrangements) in relation to a county council or district council to which the order transfers a local public function.

(5) The Secretary of State may not make an order under this section unless the Secretary of State considers that it is likely that making the order would—

(a) promote economic development or wealth creation, or

(b) increase local accountability in relation to each local public function transferred by the order.

(6) For the purposes of subsection (5)(b), in relation to a local public function, local accountability is increased if the exercise of the function becomes more accountable to persons living or working in the area of the permitted authority to which it is transferred.

(7) The Secretary of State may not make an order under this section unless the Secretary of State considers that the local public function transferred by the order can appropriately be exercised by the permitted authority to which it is transferred.

(8) The Secretary of State may not make an order under this section transferring a local public function to a permitted authority unless the authority has consented to the transfer.

(9) Before making an order under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.”

115

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 the Minister’s eligible functions.

(2) A function is eligible for the purposes of subsection (1) 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 Minister of the Crown considers that it can appropriately be exercised by the permitted authority.

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

(4) Before delegating a function under subsection (1), the Minister of the Crown must consult such persons as the Minister considers appropriate.

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

116

Insert the following new Clause—

“Transfer schemes

(1) The Secretary of State may make a scheme for the transfer of property, rights or liabilities from the person who, or body which, would have a local public function but for an order under section (Power to transfer local public functions to permitted authorities) to the permitted authority to which the function is transferred.

(2) A Minister of the Crown may make a scheme for the transfer from the Crown to a permitted authority of such property, rights or liabilities as the Minister of the Crown considers appropriate in consequence of a delegation, or the variation of a delegation, under section (Delegation of functions by Ministers to permitted authorities) of a function of any Minister of the Crown to the permitted authority.

(3) A Minister of the Crown may make a scheme for the transfer from a permitted authority to the Crown of such property, rights or liabilities as the Minister of the Crown considers appropriate in consequence of a variation or revocation of a delegation under section (Delegation of functions by Ministers to permitted authorities) of a function of any Minister of the Crown to the permitted authority.

(4) The things that may be transferred under a transfer scheme include—

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

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

(5) A transfer scheme may make consequential, supplementary, incidental and transitional provision and may in particular make provision—

(a) for a certificate issued by a Minister of the Crown to be conclusive evidence that property has been transferred;

(b) creating rights, or imposing liabilities, in relation to property or rights transferred;

(c) about the continuing effect of things done by or in relation to the transferor in respect of anything transferred;

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

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

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

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

(6) A transfer scheme may provide—

(a) for modification by agreement;

(b) for modifications to have effect from the date when the original scheme came into effect.

(7) 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.

(8) In this section—

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

“transferee”, in relation to a transfer scheme, means the person to whom property, rights or liabilities are transferred by the scheme;

“transferor”, in relation to a transfer scheme, means the person from whom property, rights or liabilities are transferred by the scheme;

“transfer scheme” means a scheme for the transfer of property, rights or liabilities under subsection (1), (2) or (3);

“TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 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.”

117

Insert the following new Clause—

“Duty to consider proposals for exercise of powers under sections (Power to transfer local public functions to permitted authorities) and (Transfer schemes)

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

(a) consider the proposal, and

(b) notify the permitted authority of what action, if any, the Secretary of State will take in relation to the proposal.

(2) The Secretary of State may by regulations specify criteria to which the Secretary of State must have regard in considering a relevant proposal.

(3) For the purposes of this section, a “relevant proposal” is a proposal—

(a) for the exercise of the Secretary of State’s powers in sections (Power to transfer local public functions to permitted authorities) and (Transfer schemes) in relation to the permitted authority, and

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

(4) Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.”

118

Insert the following new Clause—

“Orders under section (Power to transfer local public functions to permitted authorities): procedure

(1) Before making an order under section (Power to transfer local public functions to permitted authorities), the Secretary of State must lay a draft of the instrument containing the order (the “draft order”) before each House of Parliament.

(2) The Secretary of State 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 Secretary of State wishes to make an order in the terms of the draft order, the Secretary of State 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 Secretary of State may after the laying of such a statement make an order in the terms of the draft order 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 the 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 a resolution of that House.

(7) If, after the expiry of the 60-day period, the Secretary of State wishes to make an order consisting of a version of the draft order with material changes, the Secretary of State 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 Secretary of State may after laying a revised draft order and statement under subsection (7) make an order in the terms of the revised draft order 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) If a draft of an instrument containing an order under section (Power to transfer local public 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.

(13) 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.

(14) In calculating the period mentioned in subsection (13), no account is to be taken of any time during which Parliament is dissolved or prorogued or during which either House is adjourned for more than four days.”

119

Insert the following new Clause—

“Interpretation of Chapter 2A

In this Chapter—

“enactment” includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the Interpretation Act 1978);

“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

“local public function”, in relation to a permitted authority, means a public function in so far as it relates to—

(a) the permitted authority’s area, or

(b) persons living, working or carrying on activities in that area;

“permitted authority” means—

(a) a county council in England,

(b) a district council,

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

(d) a combined authority established under section 103 of that Act;

“public authority” includes a Minister of the Crown or a government department;

“public function” means a function of a public authority that does not consist of a power to make regulations or other instruments of a legislative character.”

Schedule 2

BARONESS HANHAM

120

Page 211, line 16, leave out “9EA,”

121

Page 211, line 27, after “executive,” insert—

“(iiia) by an area committee,”

122

Page 211, line 33, after “executive,” insert—

“(aa) by an area committee,”

123

Page 211, line 39, after “functions” insert “—

(a) by an area committee, or

(b) ”

124

Page 211, line 43, after “functions” insert “—

(a) by an area committee, or

(b) ”

125

Page 211, line 43, at end insert—

“(5A) Where by virtue of this section any functions may be discharged by an area committee, then, unless the senior executive member otherwise directs, the committee may arrange for the discharge of any of those functions by an officer of the authority.”

126

Page 212, leave out lines 4 to 19

127

Page 212, line 23, at end insert—

““senior executive member” means—

(a) in the case of a mayor and cabinet executive, the elected mayor;

(b) in the case of a leader and cabinet executive (England), the executive leader.”

128

Page 212, leave out line 24

129

Page 212, line 28, at end insert “and”

130

Page 212, line 31, leave out from “part” to end of line 39

131

Page 213, line 31, leave out “9E(3) to (7)” and insert “9E”

132

Page 215, line 39, at end insert “or”

133

Page 215, leave out lines 42 to 44

134

Page 218, line 3, leave out “local government”

135

Page 218, line 4, at end insert “and is not an excluded matter”

136

Page 218, leave out lines 15 to 20

137

Page 218, line 21, leave out “(5)(c)” and insert “(1)(c)”

138

Page 218, line 28, leave out “local government”

139

Page 219, leave out lines 6 and 7

140

Page 220, line 12, leave out from “relates” to end of line 15 and insert “functions of a relevant partner authority so far as exercisable in relation to—

(i) the authority’s area, or

(ii) the inhabitants of that area.”

141

Page 220, line 27, at beginning insert “either—

(i) the relevant committee is a non-unitary district council committee, or

(ii) ”

142

Page 221, leave out lines 1 to 4

143

Page 221, line 4, at end insert—

“non-unitary district council committee” means—

(a) an overview and scrutiny committee of a district council for a district in a county for which there is a county council, or

(b) a sub-committee of such a committee,”

144

Page 221, leave out lines 6 to 13 and insert “an overview and scrutiny committee or a sub-committee of such a committee,”

145

Page 221, line 14, after “committee” insert “other than a non-unitary district council committee”

146

Page 221, line 18, at end insert “, and

“relevant partner authority”, in relation to a relevant committee that is a non-unitary district council committee, means—

(a) the county council for the county concerned, or

(b) any person (other than the district council concerned) who is a partner authority in relation to that county council for the purposes of Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007, other than a chief officer of police.”

147

Page 221, leave out lines 19 to 21

148

Page 223, leave out lines 1 to 31

149

Page 224, line 36, leave out from beginning to end of line 17 on page 225

150

Page 227, line 24, leave out from “9FE” to second “of” in line 26

LORD MCKENZIE OF LUTON

BARONESS HANHAM

LORD SHIPLEY

151

Page 228, line 27, leave out from beginning to end of line 37 on page 230

BARONESS HANHAM

152

Page 237, line 13, leave out from beginning to third “the” and insert “At a relevant change time,”

153

Page 237, line 20, leave out from beginning to first “the” in line 33 and insert—

“(3) Subject to subsection (2) and section 9MB(2), the local authority may take steps for the purposes of preparing for the change or implementing it (including steps relating to transitional arrangements).

(4) If the local authority is not currently operating a mayor and cabinet executive and the change does not provide for the local authority to operate a mayor and cabinet executive, a “relevant change time” for the purposes of subsection (2) is a time during—

(a) the first annual meeting of the local authority to be held after the resolution to make the change in governance arrangements is passed, or

(b) a later annual meeting of the local authority specified in that resolution.

(5) If the local authority is not currently operating a mayor and cabinet executive and the change provides for the local authority to operate a mayor and cabinet executive, a “relevant change time” for the purposes of subsection (2) is—

(a) a time during the third day after the day of the declaration of the result of the poll at the first election of the mayor, or

(b) if a person is returned as the mayor at that first election without a poll being taken, a time during the third day after the day on which a poll would have been taken.

(6) If the local authority is currently operating a mayor and cabinet executive and the change provides for the local authority to cease to operate a mayor and cabinet executive, a “relevant change time” for the purposes of subsection (2) is a time during the third day after”

154

Page 237, leave out lines 36 to 39

LORD JENKIN OF RODING

155

Page 240, line 23, leave out from beginning to end of line 23 on page 241

BARONESS HANHAM

156

Page 241, line 42, leave out from “proposals” to end of line 43

157

Page 241, line 47, leave out from “proposals” to end of line 2 on page 242

LORD JENKIN OF RODING

158

Page 242, leave out lines 13 and 14

159

Page 242, leave out lines 18 to 37

Schedule 3

BARONESS HANHAM

160

Page 253, line 1, leave out from “subsection (1A)” to end of line 2 and insert “—

(a) for “regulations made under section 18” substitute “section 9E(2)(b)(iiia), (3)(aa), (4)(a) or (5)(a)”, and

(b) after “Act 2000” insert “or under regulations made under section 18 of that Act”.”

LORD MCKENZIE OF LUTON

BARONESS HANHAM

LORD SHIPLEY

161

Page 261, line 3, leave out “9HA,”

BARONESS HANHAM

162

Page 261, line 5, after “9HG” insert “, 9MG”

LORD MCKENZIE OF LUTON

BARONESS HANHAM

LORD SHIPLEY

163

Page 261, line 8, leave out “9HA or”

BARONESS HANHAM

164

Page 263, line 44, leave out “to (c)” and insert “and (b)”

After Clause 13

BARONESS HANHAM

165

Insert the following new Clause—

“Timetables for changing English district councils’ electoral schemes

(1) The Local Government and Public Involvement in Health Act 2007 is amended as follows.

(2) Omit the following provisions (which provide that councils may pass resolutions to change their electoral schemes only in certain permitted periods)—

(a) section 33(4), (6) and (7) (district councils changing to whole-council elections),

(b) section 38(4), (6) and (7) (non-metropolitan district councils reverting to elections by halves), and

(c) section 40(4), (6) and (7) (district councils reverting to elections by thirds).

(3) In section 33 (resolution for whole-council elections: requirements) after subsection (3) insert—

“(3A) The resolution must specify the year for the first ordinary elections of the council at which all councillors are to be elected.

(3B) In the case of a district council for a district in a county for which there is a county council, the year specified under subsection (3A) may not be a county-council-elections year; and here “county-council-elections year” means 2013 and every fourth year afterwards.”

(4) In section 34(2) (years in which whole-council elections to a district council are to be held if scheme under section 34 applies) for paragraphs (a) and (b) substitute—

“(a) the year specified under section 33(3A) in the resolution, and

(b) every fourth year afterwards.”

(5) In section 34 (scheme for whole-council elections) after subsection (4) insert—

“(4A) Ordinary elections of councillors of the council under the previous electoral scheme are to be held in accordance with that scheme in any year that—

(a) is earlier than the year specified under section 33(3A) in the resolution for whole-council elections, and

(b) is a year in which, under the previous electoral scheme, ordinary elections of councillors of the council are due to be held.

(4B) In subsection (4A) “the previous electoral scheme” means the scheme for the ordinary elections of councillors of the council that applied to it immediately before it passed the resolution for whole-council elections.”

(6) After section 31 insert—

“31A Minimum period between resolutions to change electoral schemes

If a council passes a resolution under section 32, 37 or 39 (“the earlier resolution”) it may not pass another resolution under any of those sections before the end of five years beginning with the day on which the earlier resolution is passed.”

(7) In section 57 of the Local Democracy, Economic Development and Construction Act 2009 (requests for review of single-member electoral areas by councils subject to a scheme for whole-council elections) after subsection (4) (meaning of “subject to a scheme for whole-council elections”) insert—

“(4A) A district council is also “subject to a scheme for whole-council elections” for those purposes if—

(a) section 34 of the Local Government and Public Involvement in Health Act 2007 (scheme for whole-council elections) applies to the council, but

(b) by virtue of subsection (4A) of that section (temporary continuation of previous electoral scheme), not all the members of the council are to be elected in a year in which ordinary elections of members of the council are to be held.””

Schedule 4

THE EARL OF LYTTON

166

Page 267, line 32, leave out sub-paragraph (2)

167

Page 267, line 33, leave out sub-paragraph (3)

168

Page 268, line 1, leave out sub-paragraph (2)

169

Page 268, line 13, leave out paragraph 14

Clause 16

BARONESS HANHAM

170

Page 22, line 8, leave out “The reference in subsection (2)” and insert “A reference in this Chapter”

171

Page 22, line 44, after “by” insert “the Mayor of London and”

172

Page 22, line 44, after “acting” insert “jointly”

173

Page 22, line 45, at end insert—

“(8) In this Chapter except section (Delegation of functions by Greater London Authority)—

(a) a reference to a committee or sub-committee of a relevant authority is, where the relevant authority is the Greater London Authority, a reference to—

(i) a committee or sub-committee of the London Assembly, or

(ii) the standards committee, or a sub-committee of that committee, established under that section,

(b) a reference to a joint committee on which a relevant authority is represented is, where the relevant authority is the Greater London Authority, a reference to a joint committee on which the Authority, the London Assembly or the Mayor of London is represented,

(c) a reference to becoming a member of a relevant authority is, where the relevant authority is the Greater London Authority, a reference to becoming the Mayor of London or a member of the London Assembly, and

(d) a reference to a meeting of a relevant authority is, where the relevant authority is the Greater London Authority, a reference to a meeting of the London Assembly;

and in subsection (2)(b) the reference to representing the relevant authority is, where the relevant authority is the Greater London Authority, a reference to representing the Authority, the London Assembly or the Mayor of London.”

Clause 17

LORD WILLS

174

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

“( ) A relevant authority must adopt a code dealing with the conduct that is expected of members and co-opted members of the authority when they are acting in that capacity (referred to in this section as a “financial code of conduct”) and where there is an actual or perceived conflict of interest between their position and their private financial interests.

( ) A relevant authority may also adopt a code dealing with other conduct that is expected of members and co-opted members of the authority when they are acting in that capacity (referred to in this section as a “code of conduct”).”

LORD BICHARD

LORD FILKIN

LORD NEWTON OF BRAINTREE

LORD TOPE

175

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.”

BARONESS HANHAM

176

Page 23, line 33, leave out from “section” to end of line 34 and insert “(Delegation of functions by the Greater London Authority) (delegation of functions by the Greater London Authority)”

After Clause 17

LORD BICHARD

LORD FILKIN

LORD NEWTON OF BRAINTREE

LORD TOPE

177

Insert the following new Clause—

“Standards committees

(1) A relevant authority must establish a standards committee to discharge functions in respect of section 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.”

178

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.”

Clause 18

LORD BICHARD

LORD FILKIN

LORD NEWTON OF BRAINTREE

LORD TOPE

179

Leave out Clause 18

BARONESS HANHAM

180

Leave out Clause 18 and insert the following new Clause—

“Register of interests

(1) The monitoring officer of a relevant authority must establish and maintain a register of interests of members and co-opted members of the authority.

(2) Subject to the provisions of this Chapter, it is for a relevant authority to determine what is to be entered in the authority’s register.

(3) Nothing in this Chapter requires an entry to be retained in a relevant authority’s register once the person concerned—

(a) no longer has the interest, or

(b) is (otherwise than transitorily on re-election or re-appointment) neither a member nor a co-opted member of the authority.

(4) In the case of a relevant authority that is a parish council, references in this Chapter to the authority’s monitoring officer are to the monitoring officer of the parish council’s principal authority.

(5) The monitoring officer of a relevant authority other than a parish council must secure—

(a) that a copy of the authority’s register is available for inspection at a place in the authority’s area at all reasonable hours, and

(b) that the register is published on the authority’s website.

(6) The monitoring officer of a relevant authority that is a parish council must—

(a) secure that a copy of the parish council’s register is available for inspection at a place in the principal authority’s area at all reasonable hours,

(b) secure that the register is published on the principal authority’s website, and

(c) provide the parish council with any data it needs to comply with subsection (7).

(7) A parish council must, if it has a website, secure that its register is published on its website.

(8) Subsections (5) to (7) are subject to section (Sensitive interests)(2).

(9) In this Chapter “principal authority”, in relation to a parish council, means—

(a) in the case of a parish council for an area in a district that has a district council, that district council,

(b) in the case of a parish council for an area in a London borough, the council of that London borough, and

(c) in the case of a parish council for any other area, the county council for the county that includes that area.

(10) In this Chapter “register”, in relation to a relevant authority, means its register under subsection (1).”

After Clause 18

BARONESS HANHAM

181

Insert the following new Clause—

“Disclosure of pecuniary interests on taking office

(1) A member or co-opted member of a relevant authority must, before the end of 28 days beginning with the day on which the person becomes a member or co-opted member of the authority, notify the authority’s monitoring officer of any disclosable pecuniary interests which the person has at the time when the notification is given.

(2) Where a person becomes a member or co-opted member of a relevant authority as a result of re-election or re-appointment, subsection (1) applies only as regards disclosable pecuniary interests not entered in the authority’s register when the notification is given.

(3) For the purposes of this Chapter, a pecuniary interest is a “disclosable pecuniary interest” in relation to a person (“M”) if it is of a description specified in regulations made by the Secretary of State and either—

(a) it is an interest of M’s, or

(b) it is an interest of—

(i) M’s spouse or civil partner,

(ii) a person with whom M is living as husband and wife, or

(iii) a person with whom M is living as if they were civil partners,

and M is aware that that other person has the interest.

(4) Where a member or co-opted member of a relevant authority gives a notification for the purposes of subsection (1), the authority’s monitoring officer is to cause the interests notified to be entered in the authority’s register (whether or not they are disclosable pecuniary interests).”

182

Insert the following new Clause—

“Pecuniary interests in matters considered at meetings or by a single member

(1) Subsections (2) to (4) apply if a member or co-opted member of a relevant authority—

(a) is present at a meeting of the authority or of any committee, sub-committee, joint committee or joint sub-committee of the authority,

(b) has a disclosable pecuniary interest in any matter to be considered, or being considered, at the meeting, and

(c) is aware that the condition in paragraph (b) is met.

(2) If the interest is not entered in the authority’s register, the member or co-opted member must disclose the interest to the meeting, but this is subject to section (Sensitive interests)(3).

(3) If the interest is not entered in the authority’s register and is not the subject of a pending notification, the member or co-opted member must notify the authority’s monitoring officer of the interest before the end of 28 days beginning with the date of the disclosure.

(4) The member or co-opted member may not—

(a) participate, or participate further, in any discussion of the matter at the meeting, or

(b) participate in any vote, or further vote, taken on the matter at the meeting,

but this is subject to section (Dispensations from section (Pecuniary interests in matters considered at meetings or by a single member)(4)).

(5) In the case of a relevant authority to which Part 1A of the Local Government Act 2000 applies and which is operating executive arrangements, the reference in subsection (1)(a) to a committee of the authority includes a reference to the authority’s executive and a reference to a committee of the executive.

(6) Subsections (7) and (8) apply if—

(a) a function of a relevant authority may be discharged by a member of the authority acting alone,

(b) the member has a disclosable pecuniary interest in any matter to be dealt with, or being dealt with, by the member in the course of discharging that function, and

(c) the member is aware that the condition in paragraph (b) is met.

(7) If the interest is not entered in the authority’s register and is not the subject of a pending notification, the member must notify the authority’s monitoring officer of the interest before the end of 28 days beginning with the date when the member becomes aware that the condition in subsection (6)(b) is met in relation to the matter.

(8) The member must not take any steps, or any further steps, in relation to the matter (except for the purpose of enabling the matter to be dealt with otherwise than by the member).

(9) Where a member or co-opted member of a relevant authority gives a notification for the purposes of subsection (3) or (7), the authority’s monitoring officer is to cause the interest notified to be entered in the authority’s register (whether or not it is a disclosable pecuniary interest).

(10) Standing orders of a relevant authority may provide for the exclusion of a member or co-opted member of the authority from a meeting while any discussion or vote takes place in which, as a result of the operation of subsection (4), the member or co-opted member may not participate.

(11) For the purpose of this section, an interest is “subject to a pending notification” if—

(a) under this section or section (Disclosure of pecuniary interests on taking office), the interest has been notified to a relevant authority’s monitoring officer, but

(b) has not been entered in the authority’s register in consequence of that notification.”

183

Insert the following new Clause—

“Sensitive interests

(1) Subsections (2) and (3) apply where—

(a) a member or co-opted member of a relevant authority has an interest (whether or not a disclosable pecuniary interest), and

(b) the nature of the interest is such that the member or co-opted member, and the authority’s monitoring officer, consider that disclosure of the details of the interest could lead to the member or co-opted member, or a person connected with the member or co-opted member, being subject to violence or intimidation.

(2) If the interest is entered in the authority’s register, copies of the register that are made available for inspection, and any published version of the register, must not include details of the interest (but may state that the member or co-opted member has an interest the details of which are withheld under this subsection).

(3) If section (Pecuniary interests in matters considered at meetings or by a single member)(2) applies in relation to the interest, that provision is to be read as requiring the member or co-opted member to disclose not the interest but merely the fact that the member or co-opted member has a disclosable pecuniary interest in the matter concerned.”

184

Insert the following new Clause—

“Dispensations from section (Pecuniary interests in matters considered at meetings or by a single member)(4)

(1) A relevant authority may, on a written request made to the proper officer of the authority by a member or co-opted member of the authority, grant a dispensation relieving the member or co-opted member from either or both of the restrictions in section (Pecuniary interests in matters considered at meetings or by a single member)(4) in cases described in the dispensation.

(2) A relevant authority may grant a dispensation under this section only if, after having had regard to all relevant circumstances, the authority—

(a) considers that without the dispensation the number of persons prohibited by section (Pecuniary interests in matters considered at meetings or by a single member)(4) from participating in any particular business would be so great a proportion of the body transacting the business as to impede the transaction of the business,

(b) considers that without the dispensation the representation of different political groups on the body transacting any particular business would be so upset as to alter the likely outcome of any vote relating to the business,

(c) considers that granting the dispensation is in the interests of persons living in the authority’s area,

(d) if it is an authority to which Part 1A of the Local Government Act 2000 applies and is operating executive arrangements, considers that without the dispensation each member of the authority’s executive would be prohibited by section (Pecuniary interests in matters considered at meetings or by a single member)(4) from participating in any particular business to be transacted by the authority’s executive, or

(e) considers that it is otherwise appropriate to grant a dispensation.

(3) A dispensation under this section must specify the period for which it has effect, and the period specified may not exceed four years.

(4) Section (Pecuniary interests in matters considered at meetings or by single member)(4) does not apply in relation to anything done for the purpose of deciding whether to grant a dispensation under this section.”

Clause 19

BARONESS HANHAM

185

Page 24, line 23, leave out from “person” to end of line 32 and insert “commits an offence if, without reasonable excuse, the person—

(a) fails to comply with an obligation imposed on the person by section (Disclosure of pecuniary interests on taking office)(1) or (Pecuniary interests in matters considered at meetings or by a single member)(2), (3) or (7),

(b) participates in any discussion or vote in contravention of section (Pecuniary interests in matters considered at meetings or by a single member)(4), or

(c) takes any steps in contravention of section (Pecuniary interests in matters considered at meetings or by a single member)(8).

(1A) A person commits an offence if under section (Disclosure of pecuniary interests on taking office)(1) or (Pecuniary interests in matters considered at meetings or by a single member)(2), (3) or (7) the person provides information that is false or misleading and the person—

(a) knows that the information is false or misleading, or

(b) is reckless as to whether the information is true and not misleading.”

186

Page 24, line 35, leave out from beginning to “by” and insert “A court dealing with a person for an offence under this section may (in addition to any other power exercisable in the person’s case)”

187

Page 25, line 6, at end insert—

“(8) The Local Government Act 1972 is amended as follows.

(9) In section 86(1)(b) (authority to declare vacancy where member becomes disqualified otherwise than in certain cases) after “2000” insert “or section 19 of the Localism Act 2011”.

(10) In section 87(1)(ee) (date of casual vacancies)—

(a) after “2000” insert “or section 19 of the Localism Act 2011 or”, and

(b) after “decision” insert “or order”.

(11) The Greater London Authority Act 1999 is amended as follows.

(12) In each of sections 7(b) and 14(b) (Authority to declare vacancy where Assembly member or Mayor becomes disqualified otherwise than in certain cases) after sub-paragraph (i) insert—

“(ia) under section 19 of the Localism Act 2011,”.

(13) In section 9(1)(f) (date of casual vacancies)—

(a) before “or by virtue of” insert “or section 19 of the Localism Act 2011”, and

(b) after “that Act” insert “of 1998 or that section”.”

LORD BICHARD

LORD FILKIN

LORD NEWTON OF BRAINTREE

LORD TOPE

188

Leave out Clause 19

After Clause 19

BARONESS HANHAM

189

Insert the following new Clause—

“Delegation of functions by Greater London Authority

(1) The Mayor of London and the London Assembly, acting jointly, may arrange for any of the functions conferred on them by or under this Chapter to be exercised on their behalf by—

(a) a member of staff of the Greater London Authority, or

(b) a committee appointed in accordance with provision made by virtue of this section.

(2) Standing orders of the Greater London Authority may make provision regulating the exercise of functions by any member of staff of the Authority pursuant to arrangements under subsection (1).

(3) Standing orders of the Greater London Authority may make provision for the appointment of a committee (“the standards committee”) to exercise functions conferred on the Mayor of London and the London Assembly by or under this Chapter in accordance with arrangements under subsection (1).

(4) Standing orders of the Greater London Authority may make provision about the membership and procedure of the standards committee.

(5) The provision that may be made under subsection (4) includes—

(a) provision for the standards committee to arrange for the discharge of its functions by a sub-committee of that committee;

(b) provision about the membership and procedure of such a sub-committee.

(6) Subject to subsection (7), the standards committee and any sub-committee of that committee—

(a) is not to be treated as a committee or (as the case may be) sub-committee of the London Assembly for the purposes of the Greater London Authority Act 1999, but

(b) is a committee or (as the case may be) sub-committee of the Greater London Authority for the purposes of Part 3 of the Local Government Act 1974 (investigations by Commission for Local Administration in England).

(7) Sections 6(3)(a) (failure to attend meetings) and 73(6) (functions of monitoring officer) of the Greater London Authority Act 1999 apply to the standards committee or any sub-committee of that committee as they apply to a committee of the London Assembly or any sub-committee of such a committee.

(8) Part 5A of the Local Government Act 1972 (access to meetings and documents) applies to the standards committee or any sub-committee of that committee as if—

(a) it were a committee or (as the case may be) a sub-committee of a principal council within the meaning of that Part, and

(b) the Greater London Authority were a principal council in relation to that committee or sub-committee.

(9) Arrangements under this section for the exercise of any function by—

(a) a member of staff of the Greater London Authority, or

(b) the standards committee,

do not prevent the Mayor of London and the London Assembly from exercising those functions.

(10) References in this section to the functions of the Mayor of London and the London Assembly conferred by or under this Chapter do not include their functions under this section.

(11) In this section “member of staff of the Greater London Authority” has the same meaning as in the Greater London Authority Act 1999 (see section 424(1) of that Act).”

Clause 22

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

190*

Page 26, line 13, at end insert—

“( ) The statement may include the approach that the relevant authority has adopted for selecting information on pay policy from a provider, including any potential provider, of goods and services.”

Clause 27

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

191*

Page 28, line 43, at end insert—

“( ) In this Chapter, “employees” including staff, whether directly or indirectly employed by a relevant authority, who are not chief officers.

( ) In this Chapter, “indirectly employed” shall be interpreted in accordance with guidance to be developed and issued by the Secretary of State after consultation with—

(a) representatives;

(b) employees; and

(c) representatives of employees;

of the relevant authorities.”

After Clause 30

BARONESS GARDNER OF PARKES

192

Insert the following new Clause—

“Power to require property to be maintained to appropriate standard

A local authority may by byelaws make provision requiring that, on receipt by the local authority of a petition from residents of a particular street or other residential area to the effect that 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 owners of the property 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.”

193

Insert the following new Clause—

“Power to make byelaws about smoke-free places

(1) A local authority may make byelaws designating as smoke-free any place or description of place that is not smoke-free under section 2 of the Health Act 2006.

(2) The place, or places falling within the description, need not be enclosed or substantially enclosed.

(3) The byelaws may provide for such places, or places falling within the description, to be smoke-free only—

(a) in specified circumstances,

(b) at specified times,

(c) if specified conditions are satisfied,

(d) in specified areas,

or any combination of those.

(4) Terms used in this section have the same meanings as in the Health Act 2006.”

194

Insert the following new Clause—

“Licensing of pedicabs

(1) A local authority may by byelaws establish a scheme for the licensing of pedicabs in its area.

(2) Such a licensing scheme may make provision about—

(a) the compliance of pedicabs with road traffic legislation;

(b) where pedicabs may be stationary whilst seeking business;

(c) the playing of music in pedicabs;

(d) the roadworthiness and appearance of pedicabs; and

(e) such other matters as the local authority may determine.

(3) In this section “pedicab” means a cycle constructed or adapted—

(a) to seat one or more passengers; and

(b) for the purpose of being made available with a driver in the course of a business for the purpose of carrying passengers.”

LORD CLEMENT-JONES

195*

Insert the following new Clause—

“CHAPTER 8 Powers in relation to casino premises licence

Variation of licences: abolition of permitted areas

(1) A relevant local authority may consider and, if thought fit, grant an application to vary a converted casino premises licence so that it relates to premises to which it did not previously relate and may do so regardless of whether or not—

(a) the premises to which the application relates are situated in the area of the relevant local authority which issued the licence; and

(b) the area of the relevant local authority in which those premises are situated was a permitted area when the converted casino premises licence was originally issued.

(2) Subsection (1) shall not require a relevant local authority to consider any application to vary a converted casino premises licence if that local authority has passed a resolution under section 166 of the Gambling Act 2005 (resolution not to issue casino licences) and that resolution is in effect at the time the application is made.

(3) In Schedule 4 to the Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) (Amendment) Order 2006 (transitional provisions), for sub-paragraph (13) of paragraph 65 (application of the Gambling Act 2005 to casino premises licences granted on a conversion application) substitute—

“(13) An application to vary a converted casino premises licence so that it relates to premises to which it did not previously relate shall be made—

(a) in the case of premises wholly or partly situated in the area of the licensing authority which issued the licence, to that licencing authority; or

(b) in the case of premises wholly or partly situated in the area of another licensing authority, to that other licensing authority, and section 213(f) (definition of licensing authority) shall apply to such an application as if the licensing authority considering such an application under paragraph (b) was the authority which issued that licence.

(14) Nothing in paragraph (13)(b) shall require a licensing authority to consider or grant an application to vary a converted casino premises licence so that it relates to premises to which it did not previously relate if—

(a) the premises are wholly or partly situated in the area of a licensing authority which did not issue the licence; and

(b) the licensing authority has resolved under section 166 not to issue casino premises licences and that resolution is in effect at the time the application is made.”.

(4) In this section—

“converted casino premises licence” has the same meaning as in the Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) (Amendment) Order 2006;

“permitted area” means the area of a local authority which was a permitted area for the purposes of the Gaming Act 1968;

“relevant local authority” means a local authority in England, Wales or Scotland which is a licensing authority under the Gambling Act 2005.”

Schedule 5

BARONESS HANHAM

196

Page 286, line 6, at end insert—

“(6A) No regulations under this section are to be made unless a draft of the regulations has been laid before and approved by resolution of each House of Parliament.”

Schedule 6

BARONESS HANHAM

197

Page 302, line 13, at end insert—

“31A In section 113(3) (orders and regulations to be subject to annulment by either House of Parliament, except in certain cases) after “except in the case of” insert “regulations under section 52ZQ above or”.”

Clause 73

LORD JENKIN OF RODING

198

Leave out Clause 73

After Clause 74

LORD WILLS

199

Insert the following new Clause—

“Freedom of information and contracts

(1) Any contract for any sum over £1 million made by a relevant authority with any person after the coming into force of this section shall be deemed to include a freedom of information provision.

(2) Where such a contract is to any extent performed by means of a sub-contract, that sub-contract shall be deemed to include a freedom of information provision.

(3) In this section a “freedom of information provision” means a provision stipulating that all information relating to the performance of the contract which is held by—

(a) the contractor,

(b) a sub-contractor, and

(c) any other person on behalf of the contractor or sub-contractor,

is, notwithstanding any contrary provision, deemed to be held on behalf of the relevant authority for the purpose of section 3(2)(b) of the Freedom of Information Act 2000 or regulation 3(2)(b) of the Environmental Information Regulations 2004.

(4) A freedom of information provision shall not require—

(a) a contractor to disclose to the relevant authority any communication between itself and a professional legal adviser in connection with the giving of legal advice to it with respect to its obligations, liabilities or rights in relation to the relevant authority under the contract;

(b) a sub-contractor to disclose to the contractor any communication between a professional legal adviser and itself in connection with the giving of legal advice to it with respect to its obligations, liabilities or rights in relation to the contractor under the contract.”

200

Insert the following new Clause—

“Publicly owned companies

(1) The Freedom of Information Act 2000 is amended as follows.

(2) In section 6(1)(b), at the end insert—

“(c) at least fifty per cent of its shares are owned by one or more relevant authorities.”

(3) In section 6(3), at the end insert—

““relevant authority” has the same meaning as in section 14(4) of the Localism Act 2011.””

201

Insert the following new Clause—

“Annual report on compliance with the Freedom of Information Act 2000 etc

(1) A relevant authority shall publish an annual report relating to its compliance with the requirements of the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 which shall include information about—

(a) the numbers of requests which it has received, its responses to them and the timeliness of those responses;

(b) any fees or charges made in connection with those requests;

(c) the number of complaints about its handling of requests which it has received, the outcomes of those complaints and the time it has taken to deal with them;

(d) the number of complaints made to the Information Commissioner in respect of the authority and the outcome of those complaints.

(2) The Secretary of State may by regulations prescribe—

(a) further particulars that are to be contained in the annual report required under this section, and

(b) the form in which the information contained in the annual report required under this section is to be presented.”

Clause 75

LORD JENKIN OF RODING

202

Page 64, line 4, leave out subsection (5)

Clause 79

LORD JENKIN OF RODING

203

Page 66, line 33, leave out subsection (5)

Clause 98

LORD JENKIN OF RODING

204

Page 77, leave out lines 7 to 9

Clause 104

LORD TRUE

205*

Page 84, line 9, at end insert—

“( ) Where a local authority has a scheme or process of neighbourhood engagement and localised planning that promotes and enables the involvement of the residents and businesses of its area, within their local neighbourhoods, and that process has been agreed by the Secretary of State to—

(a) meet the objectives set out in section 61F, 5(a)(i) and (ii) of the Town and Country Planning Act 1990 as amended by Schedule 9 to this Act; and

(b) constitute a sufficient process of local engagement to enable the making of neighbourhood development orders and neighbourhood plans on the basis of informed involvement and consent,

that local authority may make such orders or plans on behalf of local residents without the establishment of neighbourhood forums or the holding of a referendum.”

Schedule 9

BARONESS GARDNER OF PARKES

LORD BERKELEY

206

Page 324, line 36, at end insert—

“(c) in the case of planning permission for the construction of a basement at an existing property, provision requiring the applicant to undertake full consultation with owners of adjoining properties and with any others who would be adversely affected by the construction.”

LORD BEST

207*

Page 328, leave out lines 18 to 25 and insert—

“(4) A local planning authority must make a neighbourhood development plan or order unless—

(a) one or more of the relevant ward members expresses disagreement;

(b) the local planning authority receives a petition signed by a minimum of 5% of voters in the areas covered by the plan or order; or

(c) the local authority thinks it expedient to hold a referendum.”

208*

Page 328, line 25, at end insert—

“(4A) If the provisions in subsection (4) apply then the local authority must hold a referendum.”

209*

Page 328, line 34, at end insert—

“(5A) The local authority must make the plan as soon as practicable if—

(a) it is satisfied that no objections described in subsection (4) have been received; or

(b) the conditions in subsection (4) have been met after any referendum has been held and more than half of those voting in a referendum have voted in favour of the plan or order.”

210*

Page 328, line 35, leave out “subsection (4)(a)” and insert “section 4”

Schedule 12

BARONESS HANHAM

211

Page 349, line 44, at end insert—

“21A (1) Section 333 (regulations and orders) is amended as follows.

(2) In subsection (3) (regulations to be subject to annulment) after “except regulations under section 88” insert “or paragraph 15(5) or 16 of Schedule 4B”.

(3) After that subsection insert—

“(3A) No regulations may be made under paragraph 15(5) or 16 of Schedule 4B unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.””

Clause 111

BARONESS GARDNER OF PARKES

212

Page 90, line 20, at end insert—

“70D Requirement for consultation on retrospective application

A local planning authority must, on receipt of an application for retrospective planning permission, notify and consult on the application those who were notified and consulted on the original application, and must have regard to any responses to the further consultation.”

Clause 114

BARONESS GARDNER OF PARKES

213

Page 94, line 36, at end insert—

“( ) In section 171B (time limits), after subsection (4)(b) insert—

“(c) at any time taking enforcement action in accordance with an enforcement order which has not been complied with by the party that has breached planning control.””

Clause 115

LORD BORRIE

LORD BLACK OF BRENTWOOD

LORD RODGERS OF QUARRY BANK

LORD SMITH OF FINSBURY

214

Page 96, line 31, at end insert “and

(c) unless an appeal against the removal notice is submitted to the local magistrates’ court under subsection (16),”

215

Page 97, line 28, at end insert—

“(16) Power under subsection (1) is subject to a standard right of appeal in a local magistrates’ court identical to that which exists under section 225C.”

216

Page 99, line 13, leave out “notice under section 225B” and insert “notices under section 225A or 225B”

217

Page 99, line 14, after “section” insert “225A(3) and (5) or”

218

Page 99, line 24, after “of” insert “a display structure or”

219

Page 99, line 25, after “section” insert “225A(5) or”

220

Page 99, line 28, after “surface” insert “or display structure”

221

Page 99, line 40, after “section” insert “225A(3) and (5) or”

222

Page 99, line 42, after “section” insert “225A(3) and (5) or”

223

Page 99, line 44, after “section” insert “225A(7) or”

After Clause 130

BARONESS GARDNER OF PARKES

LORD BERKELEY

224

Insert the following new Clause—

“Planning permission for development under land

After section 75 of the Town and Country Planning Act 1990 insert—

“75A Planning permission for development under land

(1) In considering an application for planing 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 insurance arrangements or bonds or other security as are specified in the regulations.

(3) A local planning authority may require an applicant for planning permission for a development involving building under land to demonstrate—

(a) that the plans for the proposed development have been produced by a qualified structural engineer;

(b) that the development will be adequately supervised by a qualified structural engineer.””

LORD JENKIN OF RODING

LORD BERKELEY

225

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 subterrranean development conditional on the developer undertaking to abide by the code or specified element of it.”

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

[As an amendment to Amendment 225]

226

Line 22, at end insert “; and

( ) the importance of promoting good health and safety, and minimising the risk of injury or ill health to workers and the public.”

BARONESS GARDNER OF PARKES

LORD BERKELEY

227

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.””

228

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 JENKIN OF RODING

LORD BERKELEY

229

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.”

LORD JENKIN OF RODING

230*

Insert the following new Clause—

“Code of practice for developers

(1) A local planning authority may promulgate a code of practice on how building works or particular types of building work should be undertaken so as to minimise the adverse impact of such on adjacent properties, their owners and occupiers, and on the wider neighbourhood without imposing significant additional costs on those undertaking the works.

(2) A code published under subsection (1) may include 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) After section 10(12) of the Party Wall Act 1996 insert—

“(12A) In determining the time and manner of executing any work, surveyors making an award shall have regard to—

(a) the duty of the building owner in section 7(1) not to exercise any right conferred under this Act in such a manner or at such time as to cause any unnecessary inconvenience to any adjoining owner or operator; and

(b) any code of practice issued by the local authority in the relevant area on the timing and the methods of construction, including equipment to be used, for specified types of works under section (Code of practice for developers) of the Localism Act 2011.””

231*

Insert the following new Clause—

“Allowance for inconvenience and disturbance as a result of subterranean excavation

(1) A local authority may issue guidance to surveyors appointed under the Party Wall Act 1996 in the form of a scale of “fair allowances” to be paid under section 11(6) of the Party Wall Act 1996 in respect of any excavation to which section 11(6) of the Act applies.

(2) Local authorities shall take account of any guidance issued by the Secretary of State in drawing up such a scale of allowances.

(3) The Party Wall Act 1996 shall be amended as follows—

(a) in section 11(6) after “the right mentioned in section 2(2)(e)” insert “or any excavation to which this section applies”;

(b) after section 11(6) insert—

“(6A) Where there is a dispute over what constitutes a fair allowance under subsection (6), the surveyor or surveyors will have regard to any guidance issued by the local authority in the area in which the works are taking place.””

LORD BEST

232*

Insert the following new Clause—

“Town and village green legislation

(1) Regulations may make provision relating to powers for registration authorities to decline to accept proposals under section 15 of the Commons Act 2006.

(2) The regulations may in particular make provision—

(a) dealing with any case of proposals submitted under section 15 of the Commons Act where in the view of the registration authority insufficient evidence has been submitted or there is strong evidence that the application could not meet the criteria for registration; and

(b) dealing with costs incurred by the registration authority in amending or dismissing the application in cases of frivolous or vexatious proposals.

(3) Regulations may make provision relating to powers for registration authorities to reject proposals accepted under section 15 of the Commons Act 2006.

(4) The regulations may in particular make provision—

(a) dealing with any case of proposals accepted under section 15 of the Commons Act and which are subsequently deemed in the view of the registration authority to be frivolous or vexatious. An application that is frivolous or vexatious, discloses no reasonable grounds for the application or is otherwise an abuse of process.

(b) as to the award of costs to relevant parties and as to the parties by whom the costs are to be made.

(5) Section 15(4) of the Commons Act 2006 does not apply in relation to any land where there is an extant planning permission in respect of the whole or any part of the land for the life of the permission.”

Clause 221

BARONESS HANHAM

233

Page 200, line 24, after “Act” insert “(other than a power under section 226)”

234

Page 200, line 42, at end insert—

“(za) an order under section 5(2) that—

(i) amends any Act or provision of an Act, and

(ii) is not made (in reliance on section 7(4)) in accordance with sections 15 to 19 of the Legislative and Regulatory Reform Act 2006 as applied by section 7(3);”

235

Page 200, line 44, leave out “7(5)” and insert “7(5)(b)”

236

Page 201, line 3, at end insert—

“(ba) an order under section 8(2);”

237

Page 201, line 4, leave out “or 69(9)” and insert “, 69(2)(d), (5)(e) or (9) or 71(8)”

238

Page 201, line 7, at end insert—

“(fa) regulations under section 105;”

239

Page 201, line 10, leave out “105 or”

240

Page 201, line 14, leave out subsection (8)

LORD MCKENZIE OF LUTON

BARONESS HANHAM

LORD SHIPLEY

241

Page 201, line 34, after “section 7(3),” insert—

“(ba) an order under section (Power to transfer local public functions to permitted authorities) (but see section (Orders under section (Power to transfer local public functions to permitted authorities): procedure),”

BARONESS HANHAM

242

Page 202, line 7, at end insert—

“(13A) Subsection (13) does not apply to an order under section 226.”

Schedule 25

BARONESS HANHAM

243

Page 441, line 31, column 2, leave out from “section” to “the” in line 32 and insert “214(4),”

244

Page 424, line 10, column 2, at beginning insert—

“Section 33(4), (6) and (7).
Section 34(5) and (6).
Section 38(4), (6) and (7).
Section 40(4), (6) and (7).”

245

Page 424, line 36, at end insert—

“Local Government Act 1972 (c. 70) In section 85(3A), the words “66A,” and “, 78A”.
In section 86(1)(b), the words “66A, 78A or”.
In section 87(1)(ee), the words “66A, 78A or”.”

246

Page 424, line 47, at end insert—

“Greater London Authority Act 1999 (c. 29) In section 6(5), the words “66A,” and “, 78A”.
In section 13(2), the words “66A,” and “, 78A”.”

247

Page 428, line 26, column 2, at end insert—

“Section 201(4)(b) and (c).”

248

Page 431, line 3, at end insert—

“In section 113(3)(a), the words “52F(4), 52H(2), 52Q(2), 52S(2), 52X(6),”.
Local Government Act 1999 (c. 27) In Schedule 1, paragraph 9(b).”

After Clause 224

LORD JENKIN OF RODING

249

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.”

After Clause 226

LORD KENNEDY OF SOUTHWARK

LORD BEST

250*

Insert the following new Clause—

“Expiration of sections 135 and 136

(1) Sections 135 and 136 will expire 3 years after the day on which those sections come into force.

(2) The Secretary of State may, by order, revive sections 135 and 136 if a draft of such an order is laid before and approved by an affirmative resolution of both Houses of Parliament.

(3) An order made by the Minister under this section is to be made by statutory instrument.

(4) A draft order laid before Parliament under subsection (2) must be accompanied by a copy of the report required under section (Homelessness report).”

Prepared 2nd September 2011