Localism Bill (HL Bill 100)

68 (1) Amend section 147 (Green Belt land) as follows.

(2) In subsection (2) (decision-maker’s duty to notify) for “decision-maker”
substitute “Secretary of State”.

(3) Omit subsection (3) (cases where Secretary of State not decision-maker).

69 5In section 235(1) (interpretation of Act) omit the definitions of—

• “the Commission”,

• “Commissioner”,

• “the Council”, and

• “decision-maker”.

70 (1) 10Amend Schedule 4 (corrections of errors in development consent decisions)
as follows.

(2) In paragraph 1(1)(a) for “decision-maker” substitute “Secretary of State”.

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

(4) 15Omit paragraph 1(9) (instruments made by the Commission).

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

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

(7) 20In 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
the 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) 25Amend Schedule 5 (provisions relating to, or to matters ancillary to,
development) as follows.

(2) In 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) 30After paragraph 32 insert—

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

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

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

(b) 35a person’s failure to give the person’s name or address in
accordance with provision relating to penalty fares,

(c) enforcement of byelaws, or

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

(2) 40An offence is within this sub-paragraph if—

(a) it is triable only summarily,

(b) a 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) 5Amend Schedule 6 (changes to, and revocation of, orders) as follows.

(2) Omit 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) 10In paragraph 2(4) for “Commission” substitute “Secretary of State”.

(6) Omit 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
15State, the” substitute “The”.

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

(11) In 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 20In 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
(d)”.

Part 2 Other amendments

25Parliamentary Commissioner Act 1967 (c. 13)Parliamentary Commissioner Act 1967 (c. 13)

74 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject 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 30In 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
Infrastructure 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
35Act 1975 (bodies of which all members are disqualified) omit the entry for
the Infrastructure Planning Commission.

Town 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) 5in paragraph (aa) (Secretary of State is appropriate authority in
certain 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) 10In section 106B(1) (planning obligation appeals otherwise than from
Secretary 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).

15Freedom 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.

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

79 20In 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
Planning Act 2008” substitute “Development consent under the Planning
25Act 2008”.

Section 158

SCHEDULE 14 Grounds on which landlord may refuse to surrender and grant tenancies
under section 157

Ground 1

1 30This 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
been broken or not performed.

35Ground 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.

Ground 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
5existing tenancy which is a secure tenancy, and

(b) possession 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) 10a notice has been served on a relevant tenant under section 83 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 5

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

(2) 15The first condition is that—

(a) proceedings have begun for possession of a dwelling-house let on an
existing 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
20order possession)

(3) The second condition is that—

(a) a 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.

25Ground 6

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

(2) The 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) 30The 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
made in respect of a relevant tenant or a person residing with a relevant
tenant.

(4) In this paragraph—

• 35a “relevant order” means—

  (a)

  an injunction under section 152 of the Housing Act 1996
  (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
  40behaviour),

  (c)

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

  Localism BillPage 394

  (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
  virtue of section 91 of the Anti-social Behaviour Act 2003;

• 5a “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
  in Schedule 2 to the Housing Act 1988.

10Ground 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
is proposed to be granted.

15Ground 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) the existing tenant or tenants to whom the tenancy is proposed to be
20granted, 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
tenancy meets both of the following conditions.

(2) 25The 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
accommodation, or is situated in a cemetery.

(3) 30The 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) the landlord under the tenancy,

(b) 35a local authority,

(c) a development corporation,

(d) a housing action trust,

(e) an urban development corporation, or

(f) the governors of an aided school.

40Ground 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
conflict 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) 5are 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) 10The 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
15trust which lets dwelling-houses only for occupation (alone or with others)
by 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
20on the new tenancy.

Ground 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
25landlord to let for occupation by persons with special needs.

(3) The 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
30longer be a person with those special needs residing in the dwelling-house.

Ground 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
35subject of a management agreement under which the manager is a
housing 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
40are members of the association.

(4) The 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
5247 or 249 arrangement as defined by 250A(6) of the Housing and
Regeneration Act 2008.

Section 166

SCHEDULE 15 Abolition of Housing Revenue Account subsidy in England

1 Part 6 of the Local Government and Housing Act 1989 (housing finance) is
10amended 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) 15Section 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) 20In 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) 25for “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) 30in 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) 35in 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) 40for “(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
Ministers consider”,

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

(iv) 5for “their” substitute “the authorities’”, and

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

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

(7) In subsection (6)—

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

(b) 10for “him” substitute “them”, and

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

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

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

(3) 15In subsection (1)(b) for “appropriate person” substitute “Welsh Ministers”.

(4) In subsection (2)—

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

(b) for “him” substitute “them”, and

(c) for “he” substitute “they”.

(5) 20In subsection (3) for “appropriate person” substitute “Welsh Ministers”.

(6) In subsection (4)—

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

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

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

(7) 25In subsection (5)—

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

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

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

(2) 30In subsection (1)—

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

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

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

(d) for “his” substitute “their”.

(3) 35In subsection (1A) for “Secretary of State” substitute “Welsh Ministers”.

(4) In subsection (1B)—

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

(b) in paragraph (c) for “Secretary of State has” substitute “Welsh
40Ministers have”, and

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

(5) In 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) 5In subsection (4)—

(a) for “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
10amended as follows.

(2) In 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) 15in paragraph (e) for “appropriate person” substitute “Welsh
Ministers”.

(4) In 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) 20Section 85 (power to obtain information) is amended as follows.

(2) In subsection (1)—

(a) after “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) 25for “his” substitute “their”, and

(e) omit “or 83”.

(3) In subsection (2)—

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

(b) for “him” substitute “them”, and

(c) 30for “he” substitute “they”.

(4) In subsection (3)—

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

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

(c) for “his” substitute “their”,

(d) 35omit “or 83”, and

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

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

(a) omit “or residual debt subsidy”,

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

(c) 40for “him” substitute “them”, and

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

10 (1) Section 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
5follows.

(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
10subsidy payable) after “authority” insert “in Wales”.

Section 177

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

Part 1 15Amendments 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) 20as 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
25the 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) 30as 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) 35“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”.