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Amendments proposed to the Homes Bill - continued House of Commons

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Mr Don Foster
Mr Tom Brake

76

Clause     27,     page     17,     line     22,     leave out 'may' and insert 'shall'.

   

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

93

Clause     27,     page     17,     line     24,     at end insert 'to include particularly families with dependant children.'.

   

Mr Don Foster
Mr Tom Brake

77

Clause     27,     page     17,     leave out lines 31 and 32.

   

Mr Andrew Love
Mr Neil Turner
Ms Karen Buck
Ms Oona King

83

Clause     27,     page     17,     line     34,     at end insert 'save that the factors may not be taken into account in any case where to do so would be unreasonable having regard to the need of the person or household for an allocation of housing accommodation.'.

   

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

91

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

92

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

97

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

96

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

86

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

   

Mr Nick Raynsford

87

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


REMAINING NEW CLAUSES

Procedure on a review

   

Mr Don Foster
Mr Tom Brake

NC5

To move the following Clause:—

    '.—(1) The Secretary of State may make provision by regulations as to the procedure to be followed in connection with a review under section 16 and nothing in the following provisions affects the generality of this power.

    (2) Provision may be made by regulations—

    (a) requiring the decision on review to be made by a person of appropriate seniority who was not involved in the original decision, and

    (b) as to the circumstances in which the person conerned is entitled to an oral hearing, and whether and by whom he may be represented at such a hearing.

    (3) The authority shall notify the person concerned of the decision on the review.

    (4) If the decision is to confirm the original decision, they shall also notify him of the reasons for the decision.

    (5) Provision may be made by regulations as to the period within which the review must be carried out and notice given of the decision.

    (6) Notice required to be given to a person under this section shall be given in writing and, if not received by him, shall be treated as having been given if it is made available at the authority's office for a reasonable period for collection by him.'.


Right of appeal to county court on point of law

   

Mr Don Foster
Mr Tom Brake

NC6

To move the following Clause:—

    '.—(1) Section 204 (right of appeal to county court on point of law) of the 1996 Act is amended as follows.

    (2) In subsection (2), at the end there is inserted "or such longer period as the authority and the applicant may agree or as the court may allow."

    (3) In subsection (4)—

    (a) for "may" there is substituted "shall"

    (b) at the end there is inserted—

      "If the local authority is satisfied that the applicant has no reasonable prospects of success in an appeal under this section, it shall notify the applicant accordingly. In any such case, the applicant may apply to the court to require the authority to secure that accommodation is available in accordance with the provisions of this section.".'.

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—

            "( ) It is not reasonable for a person to continue to occupy accommodation 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.'.

 
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