Localism Bill (HL Bill 90)

(3) In paragraph 1(4), (5) and (7) for “appropriate authority” (in each place)
substitute “Secretary of State”.

(4) Omit paragraph 1(9) (instruments made by the Commission).

(5) In paragraph 1(10) for “is made, the appropriate authority” substitute
5“containing the order is made, the Secretary of State”.

(6) In paragraph 2 for “appropriate authority” (in each place) substitute
“Secretary of State”.

(7) In paragraph 2(4) (Secretary of State may specify other persons to whom
correction notice is to be given) for the words after “may” substitute “give
10the correction notice to persons other than those to whom sub-paragraph (3)
requires it to be given.”

(8) In paragraph 4 omit the definition of “the appropriate authority”.

71 (1) Amend Schedule 5 (provisions relating to, or to matters ancillary to,
development) as follows.

(2) 15In paragraph 18 (order granting development consent may make provision
for or relating to charging tolls, fares and other charges) after “fares” insert
“(including penalty fares)”.

(3) After paragraph 32 insert—

“32A The making of byelaws by any person and their enforcement.

32B (1) 20The creation of offences within sub-paragraph (2) in connection
with—

(a) non-payment of tolls, fares or other charges,

(b) a person’s failure to give the person’s name or address in
accordance with provision relating to penalty fares,

(c) 25enforcement of byelaws, or

(d) construction, improvement, maintenance or management
of a harbour.

(2) An offence is within this sub-paragraph if—

(a) it is triable only summarily,

(b) 30a person guilty of the offence is not liable to imprisonment,
and

(c) any fine to which a person guilty of the offence may be
liable cannot be higher than level 3 on the standard scale.”

72 (1) Amend Schedule 6 (changes to, and revocation of, orders) as follows.

(2) 35Omit paragraph 1(4) (meaning of “appropriate authority”).

(3) Except in paragraphs 3(6) and (7) and 6(2), for “appropriate authority” (in
each place) substitute “Secretary of State”.

(4) In paragraph 2(1) for “it” substitute “the Secretary of State”.

(5) In paragraph 2(4) for “Commission” substitute “Secretary of State”.

(6) 40Omit paragraph 2(10) (instruments made by Commission).

(7) In paragraph 2(11) after “instrument” insert “containing the order”.

(8) Omit paragraph 3(6) (cases where Commission is appropriate authority).

(9) In paragraph 3(7) for “Where the appropriate authority is the Secretary of
State, the” substitute “The”.

(10) Omit paragraph 4(8) (instruments made by Commission).

(11) 5In paragraph 4(9) after “instrument” insert “containing the order”.

(12) In paragraph 6(2) for the words after “payable to the person” substitute “by
the Secretary of State.”

73 In Schedule 12 (application of Act to Scotland: modifications) in paragraph
27 (application of Part 1 of Schedule 5) after “32” insert “, 32B(1)(a), (b) and
10(d)”.

Part 2 Other amendments

Parliamentary Commissioner Act 1967 (c. 13)Parliamentary Commissioner Act 1967 (c. 13)

74 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
15subject to investigation) omit the entry for the Infrastructure Planning
Commission.

House of Commons Disqualification Act 1975 (c. 24)House of Commons Disqualification Act 1975 (c. 24)

75 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(bodies of which all members are disqualified) omit the entry for the
20Infrastructure Planning Commission.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)Northern Ireland Assembly Disqualification Act 1975 (c. 25)

76 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (bodies of which all members are disqualified) omit the entry for
the Infrastructure Planning Commission.

25Town and Country Planning Act 1990 (c. 8)Town and Country Planning Act 1990 (c. 8)

77 (1) The Town and Country Planning Act 1990 is amended as follows.

(2) In section 106A(11) (modification and discharge of planning obligations:
meaning of “appropriate authority”)—

(a) in paragraph (aa) (Secretary of State is appropriate authority in
30certain development consent cases) omit the words after “any
development consent obligation”, and

(b) omit paragraph (ab) (Commission is appropriate authority in all
other development consent cases).

(3) In section 106B(1) (planning obligation appeals otherwise than from
35Secretary of State or Commission) omit “or the Infrastructure Planning
Commission”.

(4) In section 106C (development consent obligations: legal challenges) omit “or
the Infrastructure Planning Commission” (in both places).

Freedom of Information Act 2000 (c. 36)Freedom of Information Act 2000 (c. 36)

78 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
bodies and offices: general) omit the entry for the Infrastructure Planning
Commission.

5Government of Wales Act 2006 (c. 32)Government of Wales Act 2006 (c. 32)

79 In Part 1 of Schedule 7 to the Government of Wales Act 2006 (subjects to
which provisions of Acts of the Assembly may relate) in the exception to
paragraph 18 (Town and Country Planning) for “Functions of the
Infrastructure Planning Commission or any of its members under the
10Planning Act 2008” substitute “Development consent under the Planning
Act 2008”.

Section 146

SCHEDULE 14 Grounds on which landlord may refuse to surrender and grant tenancies
under section 145

15Ground 1

1 This ground is that any rent lawfully due from a tenant under one of the
existing tenancies has not been paid.

Ground 2

2 This ground is that an obligation under one of the existing tenancies has
20been broken or not performed.

Ground 3

3 This ground is that any of the relevant tenants is subject to an order of the
court for possession of the dwelling-house let on that tenant’s existing
tenancy.

25Ground 4

4 (1) This ground is that either of the following conditions is met.

(2) The first condition is that—

(a) proceedings have begun for possession of a dwelling-house let on an
existing tenancy which is a secure tenancy, and

(b) 30possession is sought on one or more of grounds 1 to 6 in Part 1 of
Schedule 2 to the Housing Act 1985 (grounds on which possession
may be ordered despite absence of suitable accommodation).

(3) The second condition is that—

(a) a notice has been served on a relevant tenant under section 83 of that
35Act (notice of proceedings for possession), and

(b) the notice specifies one or more of those grounds and is still in force.

Ground 5

5 (1) This ground is that either of the following conditions is met.

(2) The first condition is that—

(a) proceedings have begun for possession of a dwelling-house let on an
5existing tenancy which is an assured tenancy, and

(b) possession is sought on one or more of the grounds in Part 2 of
Schedule 2 to the Housing Act 1988 (grounds on which the court may
order possession)

(3) The second condition is that—

(a) 10a notice has been served on a relevant tenant under section 8 of that
Act (notice of proceedings for possession), and

(b) the notice specifies one or more of those grounds and is still in force.

Ground 6

6 (1) This ground is that either of the following conditions is met.

(2) 15The first condition is that a relevant order or suspended Ground 2 or 14
possession order is in force in respect of a relevant tenant or a person
residing with a relevant tenant.

(3) The second condition is that an application is pending before any court for a
relevant order, a demotion order or a Ground 2 or 14 possession order to be
20made in respect of a relevant tenant or a person residing with a relevant
tenant.

(4) In this paragraph—

• a “relevant order” means—

  (a)

  an injunction under section 152 of the Housing Act 1996
  25(injunctions against anti-social behaviour),

  (b)

  an injunction to which a power of arrest is attached by virtue
  of section 153 of that Act (other injunctions against anti-social
  behaviour),

  (c)

  an injunction under section 153A, 153B or 153D of that Act
  30(injunctions against anti-social behaviour on application of
  certain social landlords),

  (d)

  an anti-social behaviour order under section 1 of the Crime
  and Disorder Act 1998, or

  (e)

  an injunction to which the power of arrest is attached by
  35virtue of section 91 of the Anti-social Behaviour Act 2003;

• a “demotion order” means a demotion order under section 82A of the
  Housing Act 1985 or section 6A of the Housing Act 1988;

• a “Ground 2 or 14 possession order” means an order for possession
  under Ground 2 in Schedule 2 to the Housing Act 1985 or Ground 14
  40in Schedule 2 to the Housing Act 1988.

Ground 7

7 This ground is that the accommodation afforded by the dwelling-house
proposed to be let on the new tenancy is substantially more extensive than
is reasonably required by the existing tenant or tenants to whom the tenancy
45is proposed to be granted.

Ground 8

8 This ground is that the extent of the accommodation afforded by the
dwelling-house proposed to be let on the new tenancy is not reasonably
suitable to the needs of—

(a) 5the existing tenant or tenants to whom the tenancy is proposed to be
granted, and

(b) the family of that tenant or those tenants.

Ground 9

9 (1) This ground is that the dwelling house proposed to be let on the new
10tenancy meets both of the following conditions.

(2) The first condition is that the dwelling-house forms part of or is within the
curtilage of a building that, or so much of it as is held by the landlord—

(a) is held mainly for purposes other than housing purposes, and

(b) consists mainly of accommodation other than housing
15accommodation, or is situated in a cemetery.

(3) The second condition is that the dwelling-house was let to any tenant under
the existing tenancy of that dwelling-house, or a predecessor in title of the
tenant, in consequence of the tenant or the predecessor being in the
employment of—

(a) 20the landlord under the tenancy,

(b) a local authority,

(c) a development corporation,

(d) a housing action trust,

(e) an urban development corporation, or

(f) 25the governors of an aided school.

Ground 10

10 This ground is that the landlord is a charity and the occupation of the
dwelling-house proposed to be let on the new tenancy by the relevant tenant
or tenants to whom the new tenancy is proposed to be granted would
30conflict with the objects of the charity.

Ground 11

11 (1) This ground is that both of the following conditions are met.

(2) The first condition is that the dwelling-house proposed to be let on the new
tenancy has features that—

(a) 35are substantially different from those of ordinary dwelling-houses,
and

(b) are designed to make it suitable for occupation by a physically
disabled person who requires accommodation of the kind provided
by the dwelling-house.

(3) 40The second condition is that if the new tenancy were granted there would no
longer be such a person residing in the dwelling-house.

Ground 12

12 (1) This ground is that both of the following conditions are met.

(2) The first condition is that the landlord is a housing association or housing
trust which lets dwelling-houses only for occupation (alone or with others)
5by persons whose circumstances (other than merely financial circumstances)
make it especially difficult for them to meet their need for housing.

(3) The second condition is that, if the new tenancy were granted, there would
no longer be such a person residing in the dwelling-house proposed to be let
on the new tenancy.

10Ground 13

13 (1) This ground is that all of the following conditions are met.

(2) The first condition is that the dwelling-house proposed to be let on the new
tenancy is one of a group of dwelling-houses which it is the practice of the
landlord to let for occupation by persons with special needs.

(3) 15The second condition is that a social service or special facility is provided in
close proximity to the group of dwelling-houses to assist persons with those
special needs.

(4) The third condition is that if the new tenancy were granted there would no
longer be a person with those special needs residing in the dwelling-house.

20Ground 14

14 (1) This ground is that all of the following conditions are met.

(2) The first condition is that—

(a) the dwelling-house proposed to be let on the new tenancy is the
subject of a management agreement under which the manager is a
25housing association, and

(b) at least half the members of the association are tenants of dwelling-
houses subject to the agreement.

(3) The second condition is that at least half the tenants of the dwelling-houses
are members of the association.

(4) 30The third condition is that no relevant tenant to whom the new tenancy is
proposed to be granted is, or is willing to become, a member of the
association.

(5) References in this paragraph to a management agreement include a section
247 or 249 arrangement as defined by 250A(6) of the Housing and
35Regeneration Act 2008.

Section 154

SCHEDULE 15 Abolition of Housing Revenue Account subsidy in England

1 Part 6 of the Local Government and Housing Act 1989 (housing finance) is
amended as follows.

2 (1) Section 79 (Housing Revenue Account subsidy) is amended as follows.

(2) In subsection (1) after “local housing authorities” insert “in Wales”.

(3) In subsection (2) for “appropriate person” in both places substitute “Welsh
Ministers”.

3 (1) 5Section 80 (calculation of Housing Revenue Account Subsidy) is amended as
follows.

(2) In subsection (1)—

(a) after “local housing authority” insert “in Wales”, and

(b) for “appropriate person” substitute “Welsh Ministers”.

(3) 10In subsection (1A)(b)—

(a) in sub-paragraph (i) for “appropriate person” in both places
substitute “Welsh Ministers”, and

(b) in sub-paragraph (ii)—

(i) for “appropriate person’s” substitute “Welsh Ministers’”, and

(ii) 15for “appropriate person” substitute “Welsh Ministers”.

(4) In subsection (3)—

(a) in the opening words for “appropriate person” substitute “Welsh
Ministers”,

(b) in the opening words for “he considers” substitute “they consider”,

(c) 20in paragraph (b) for “appropriate person” substitute “Welsh
Ministers”, and

(d) in paragraph (c) for “he thinks” substitute “the Welsh Ministers
think”.

(5) In subsection (4)—

(a) 25in the opening words for “(or each authority in England or in Wales)”
substitute “in Wales”,

(b) in paragraph (a)—

(i) for the “appropriate person considers” substitute “Welsh
Ministers consider”, and

(ii) 30for “(or all of the authorities in England or Wales)” substitute
“in Wales”, and

(c) in paragraph (b)—

(i) for “them” substitute “the authorities”,

(ii) for the “appropriate person considers” substitute “Welsh
35Ministers consider”,

(iii) for “he thinks” substitute “the Welsh Ministers think”,

(iv) for “their” substitute “the authorities’”, and

(v) for “they” substitute “the authorities”.

(6) In subsection (5) for “appropriate person’s” substitute “Welsh Ministers’”.

(7) 40In subsection (6)—

(a) for “appropriate person” substitute “Welsh Ministers”,

(b) for “him” substitute “them”, and

(c) for “he thinks” substitute “they think”.

4 (1) Section 80ZA (negative amounts of subsidy payable to appropriate person)
45is amended as follows.

(2) In the heading for “appropriate person” substitute “Welsh Ministers”.

(3) In subsection (1)(b) for “appropriate person” substitute “Welsh Ministers”.

(4) In subsection (2)—

(a) for “appropriate person” substitute “Welsh Ministers”,

(b) 5for “him” substitute “them”, and

(c) for “he” substitute “they”.

(5) In subsection (3) for “appropriate person” substitute “Welsh Ministers”.

(6) In subsection (4)—

(a) for “appropriate person” substitute “Welsh Ministers”,

(b) 10for “he” substitute “the Welsh Ministers”, and

(c) for “him” substitute “the Welsh Ministers”.

(7) In subsection (5)—

(a) for “appropriate person” substitute “Welsh Ministers”, and

(b) for “him” in both places substitute “the Welsh Ministers”.

5 (1) 15Section 80A (final decision on amount of Housing Revenue Account
subsidy) is amended as follows.

(2) In subsection (1)—

(a) after the first “authority” insert “in Wales”,

(b) for “Secretary of State” substitute “Welsh Ministers”,

(c) 20for “he thinks” substitute “they think”, and

(d) for “his” substitute “their”.

(3) In subsection (1A) for “Secretary of State” substitute “Welsh Ministers”.

(4) In subsection (1B)—

(a) in paragraph (a) for “Secretary of State” substitute “Welsh
25Ministers”,

(b) in paragraph (c) for “Secretary of State has” substitute “Welsh
Ministers have”, and

(c) in paragraph (d) for “Secretary of State” substitute “Welsh
Ministers”.

(5) 30In subsection (1C) for “Secretary of State” in both places substitute “Welsh
Ministers”.

(6) In subsection (1D) for “Secretary of State” in both places substitute “Welsh
Ministers”.

(7) In subsection (4)—

(a) 35for “Secretary of State” substitute “Welsh Ministers”, and

(b) for “he thinks” substitute “they think”.

(8) In subsection (5) for “Secretary of State” substitute “Welsh Ministers”.

6 (1) Section 80B (agreements to exclude certain authorities or property) is
amended as follows.

(2) 40In subsection (1) for “appropriate person” substitute “Welsh Ministers”.

(3) In subsection (3)—

(a) in paragraph (b) for “appropriate person” in both places substitute
“Welsh Ministers”, and

(b) in paragraph (e) for “appropriate person” substitute “Welsh
Ministers”.

(4) 5In subsection (4) for “appropriate person” substitute “Welsh Ministers”.

7 Omit sections 82 to 84 (residual debt subsidy and housing subsidy for year
1989-90).

8 (1) Section 85 (power to obtain information) is amended as follows.

(2) In subsection (1)—

(a) 10after “authority” in both places insert “in Wales”,

(b) for “Secretary of State” in both places substitute “Welsh Ministers”,

(c) for “he” substitute “the Welsh Ministers”,

(d) for “his” substitute “their”, and

(e) omit “or 83”.

(3) 15In subsection (2)—

(a) for “Secretary of State” substitute “Welsh Ministers”,

(b) for “him” substitute “them”, and

(c) for “he” substitute “they”.

(4) In subsection (3)—

(a) 20for “Secretary of State” substitute “Welsh Ministers”,

(b) for the first “he” substitute “the Welsh Ministers”,

(c) for “his” substitute “their”,

(d) omit “or 83”, and

(e) for “he sees” substitute “they see”.

9 25In section 86(1) (recoupment of subsidy in certain cases)—

(a) omit “or residual debt subsidy”,

(b) for “Secretary of State” substitute “Welsh Ministers”,

(c) for “him” substitute “them”, and

(d) for “he” in each place substitute “they”.

10 (1) 30Section 88 (construction and application of Part 6) is amended as follows.

(2) Omit subsection (2).

(3) In subsection (3) omit “Subject to subsection (2) above,”.

(4) Omit subsections (4) and (5).

11 (1) Schedule 4 (the keeping of the Housing Revenue Account) is amended as
35follows.

(2) In Part 2 (debits to the account) in Item 5 (sums payable under section 80ZA)
for “the Secretary of State, or the National Assembly for Wales,” substitute
“the Welsh Ministers”.

(3) In Part 3 (special cases) in paragraph 2(1) (credit balance where no HRA
40subsidy payable) after “authority” insert “in Wales”.

Section 165

SCHEDULE 16 Transfer of functions from the Office for Tenants and Social Landlords to
the Homes and Communities Agency

Part 1 5Amendments to the Housing and Regeneration Act 2008

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

2 In section 2 (the HCA: objects) after subsection (1) insert—

“(1A) It is also an object of the HCA to facilitate the exercise through its
Regulation Committee of the functions conferred on the HCA—

(a) 10as the regulator by virtue of Part 2 (regulation of social
housing), or

(b) as the Regulator of Social Housing by virtue of any other
enactment or instrument.”

3 In section 4 (powers of the HCA: general) in subsection (6) for the “and” at
15the end of paragraph (a) substitute—

“(aa) subsections (2) to (5) do not apply to the powers conferred on
the HCA—

(i) as the regulator by virtue of Part 2 (but see section 92I
(exercise of functions)), or

(ii) 20as the Regulator of Social Housing by virtue of any
other enactment or instrument, and”.

4 (1) Section 31 (duties in relation to social housing) is amended as follows.

(2) Omit subsections (9) and (10).

(3) In subsection (11) omit—

(a) 25“or low cost home ownership accommodation”, and

(b) “or (as the case may be) low cost home ownership accommodation”.

(4) In subsection (12) omit the definition of “low cost home ownership
accommodation”.

5 In section 32 (recovery etc of social housing assistance) omit subsection (11).

6 30In section 34(2) (determinations under sections 32 and 33)—

(a) omit paragraph (a), and

(b) in paragraph (b) omit “other”.

7 Omit section 37 (duty to co-operate with Regulator of Social Housing).

8 (1) Section 42 (agency arrangements with UDCs) is amended as follows.

(2) 35In subsection (2)(a) after “Chapter 3” insert “or the functions to which
subsection (2A) applies”.

(3) After that subsection insert—

“(2A) The functions to which this subsection applies are the functions
conferred on the HCA—

(a) 40as the regulator by virtue of Part 2, or