Vote Bundle Text (910123-04)

Amendments proposed to the Homes Bill - continued	House of Commons

back to previous text

Mr Archie Norman
Mr Nigel Waterson
Mr Tim Loughton
Mr David Curry
Mr Geoffrey Clifton-Brown

*Clause 27, page 17, line 34, at end insert 'or another authority's district'.

Mr Archie Norman
Mr Nigel Waterson
Mr Tim Loughton
Mr David Curry
Mr Geoffrey Clifton-Brown

*Clause 27, page 17, line 34, at end insert—

'( ) any record of behaviour of a person (or of a member of his household) which has affected the terms of a previous tenancy he has held.'.

Mr Archie Norman
Mr Nigel Waterson
Mr Tim Loughton
Mr David Curry
Mr Geoffrey Clifton-Brown

*Clause 27, page 17, line 40, at end insert—

'(2D) The authority shall be able to suspend subsection (3) where it can reasonably show that to operate its terms would have a detrimental effect on the provision of local housing needs.'.

Mr Archie Norman
Mr Nigel Waterson
Mr Tim Loughton
Mr David Curry
Mr Geoffrey Clifton-Brown

*Clause 27, page 17, line 47, after 'accommodation', insert 'which may be available within the authority's district or within another authority's district'.

Mr Nick Raynsford

*Schedule 2, page 24, line 29, leave out '"the' and insert 'the "authority's'.

Mr Nick Raynsford

*Schedule 2, page 25, line 8, leave out 'homelessness' and insert 'housing'.

REMAINING NEW CLAUSES

Guidance by the Secretary of State

Mr Don Foster
Mr Tom Brake

NC7

*To move the following Clause:—

'.—( ) In section 182 of the 1996 Act (guidance by the Secretary of State) after subsection (2) there is inserted—

"(3) Without prejudice to subsection (1) of this section, a local housing authority or social services authority shall exercise their functions relating to homelessness and the prevention of homelessness in accordance with such directions as may be given to them under this section by the Secretary of State.

(4) Directions under this section—

(a) shall be given in writing; and

(b) may be given to a particular authority, or to authorities of a particular class, or to authorities generally.".'.

Guidance by the Secretary of State (No. 2)

Mr Don Foster
Mr Tom Brake

NC8

*To move the following Clause:—

'.—( ) In section 169 of the 1996 Act (guidance by the Secretary of State) after subsection (2) there is inserted—

"(3) Without prejudice subsection (2) of this section, a local housing authority or social services authority shall exercise their functions relating to the allocation of housing accommodation in accordance with such directions as may be given to them under this section by the Secretary of State.

(4) Directions under this section—

(a) shall be given in writing; and

(b) may be given to a particular authority, or to authorities of a particular class, or to authorities generally.".'.

Co-operation between registered social landlords and local housing authorities

Mr Don Foster
Mr Tom Brake

NC9

*To move the following Clause:—

'.—( ) For section 170 of the 1996 Act (co-operation between registered social landlords and local housing authorities) there is substituted—

"Where a local housing authority so request, a registered social landlord shall co-operate in offering accommodation to people with priority under the authority's allocation scheme, if to do so is compatible with their constitution and does not unduly prejudice the discharge of any of their functions".'.

Co-operation between relevant housing authorities and bodies

Mr Don Foster
Mr Tom Brake

NC10

*To move the following Clause:—

'( ).—(1) Section 213 (co-operation between relevant housing authorities and bodies) of the 1996 Act is amended as follows.

After subsection (1) there is inserted—

"( ) Where a local housing authority request a registered social landlord or a housing action trust to assist them in the discharge of their functions under this part, the landlord to whom the request is made shall co-operate in rendering such assistance in the discharge of the functions to which the request relates, if to do so is compatible with their constitution and does not unduly prejudice the discharge of any of their functions."

(2) In subsection (2)(a) the words "a registered social landlord or housing action trust" shall cease to have effect.".'.

Interim duty to accommodate in case of apparent priority need

Mr Don Foster
Mr Tom Brake

NC11

*To move the following Clause:—

'( ).—(1) Section 188 (interim duty to accommodate in case of a apparent priority need) of the 1996 Act is amended as follows.

(2) In subsection (3) at the end there is inserted—

"in any case where the authority are satisfied that the applicant has no reasonable prospects of success in the review".

(3) After subsection (3) the words "The authority may continue to secure that accommodation is available for the applicant's occupation pending a decision on a review shall cease to have effect.".'.

Registration schemes

Mr Don Foster
Mr Tom Brake

NC12

*To move the following Clause:—

'.—( ) Section 65 of the 1996 Act (Registration schemes) is amended as follows.

(1) In subsection (1) leave out "may" and insert "shall".

(2) In subsection (3) leave out "may" and insert "shall".'.

Registration schemes (No. 2)

Mr Don Foster
Mr Tom Brake

NC13

*To move the following Clause:—

'.—( ) Section 66 of the 1996 Act (Registration schemes control provisions) is amended as follows.

In subsection (1) leave out "may" and insert "shall".'.

Whether it is reasonable to continue to occupy accommodation

Ms Oona King
Ms Karen Buck
Mr Andrew Love
Dr Brian Iddon
Mr Neil Turner

NC14

*To move the following Clause:—

'.—( ) In section 177 of the 1996 Act (whether it is reasonable to continue to occupy accommodation) after subsection (1) there is inserted—

if it is probable that this will lead to racial harassment against him, or against—

(a) a person who normally resides within him as a member of his family, or

(b) any other person who might reasonably be expected to reside with him.

For this purpose, "racial harassment", in relation to a person, means harassment from another person by reason of a person's race, nationality or ethnic or national origins.'.

Referral of applicant to another authority

Ms Oona King
Ms Karen Buck
Mr Andrew Love
Dr Brian Iddon
Mr Neil Turner

NC15

*To move the following Clause:—

'( ).—(1) Section 198 of the 1996 Act (referral to another local housing authority) is amended as follows.

(2) in subsection (2) at the end there is inserted—

"( ) neither the applicant nor any person who might reasonably be expected to reside with him will run the risk of racial harassment in that district."

(3) after subsection (3) at the end there is inserted—

"( ) For this purpose 'racial harassment') in relation to a person, means harassment from another person by reason of a person's race, nationality or ethnic or national origins.".'.

Discharge of functions by local housing authorities

Ms Karen Buck
Mr Andrew Love
Mr Neil Turner
Dr Brian Iddon

NC16

*To move the following Clause:—

'.—( ) In section 206 of the 1996 Act after subsection (2) there is inserted—

Duty of local a housing authority to formulate a housing and homelessness strategy

Mr Don Foster
Mr Tom Brake

NC17

'.—(1) A local housing authority ("the authority") may from time to time—

(a) carry out a housing and homelessness review for their district; and

(b) formulate and publish a housing and homelessness strategy based on that review.

(2) The social services authority for the district of the authority (where that is a different local authority) shall give such assistance in connection with the exercise of power under subsection (1) as the authority may reasonably require. The registered social landlords holding accommodation in the district of the authority shall give such assistance in connection with the exercise of power under subsection (1) as the authority may reasonably require.

(3) The authority shall exercise that power so as to ensure that the first housing and homelessness strategy for their district is published within the period of twelve months beginning with the day on which this section comes into force.

(4) The authority shall exercise that power so as to ensure that a new housing and homelessness strategy for their district is published within the period of five years beginning with the day on which their last housing and homelessness strategy was published.

(5) A local housing authority shall take their housing and homelessness strategy into account in the exercise of their functions.

(6) A social services authority shall take the housing and homelessness strategy for the district of a local housing authority into account in the exercise of their functions in relation to that district. The registered social landlords holding accommodation in the district of the authority shall take the housing and homelessness strategy into account in the exercise of their functions in relation to that district.

(7) Nothing in subsection (5) or (6) affects any duty or requirement arising apart from this section.'.