S.C.D.
Amendment Paper as at
Thursday 1st February 2001
STANDING COMMITTEE D
HOMES BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [16th January].
Mr Nick Raynsford
105
Clause 27, page 17, line 3, after 'are' insert 'to be'.
Mr Archie Norman
Mr Nigel Waterson
Mr Tim Loughton
Mr David Curry
Mr Geoffrey Clifton-Brown
94
Clause 27, page 17, line 21, at end insert 'but the scheme will not give priority to people being released from prisons at the end of a custodial sentence following criminal conviction.'.
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 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 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
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 Nick Raynsford
106
Clause 27, page 17, line 34, at end insert—
'(2AA) Nothing in subsection (2) requires the scheme to provide for any preference to be given to people to whom subsection (2AB) applies.
(2AB) This subsection applies to a person if the authority are satisfied (in the light of the circumstances at the time his case is considered) that he is unsuitable to be a tenant owing to unacceptable behaviour on his part or that of a member of his household.
(2AC) For this purpose "unacceptable behaviour" means behaviour which, if the person concerned were a secure tenant of the authority, would entitle the authority to a possession order under section 84 of the Housing Act 1985 on any ground mentioned in Part I of Schedule 2 to that Act (other than Ground 8).'.
Mr Nick Raynsford
107
Clause 27, page 17, line 34, at end insert—
'(2AD) The scheme shall be framed so as to secure that a person who has applied to the authority for an allocation of housing accommodation has the right to request a review of any decision about the facts of his case (including a decision as to his suitability as a tenant) which is likely to be, or has been, taken into account in considering whether to allocate housing accommodation to him.'.
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—
'(2C) The authority shall be able to suspend subsections (2) to (2B) where it can reasonably show that to operate its terms would have a detrimental effect on the provision of local housing needs.'.
Mr Nick Raynsford
108
Clause 27, page 17, line 41, leave out subsection (4).
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
109
Schedule 2, page 24, line 19, at end insert—
'. In section 190(2)(b) and (3) (provision of advice and assistance), for "advice and such assistance as they consider appropriate in the circumstances" there is substituted "(or secure that he is provided with) advice and assistance".
. In section 192(2) (provision of advice and assistance), for the words from "advice" to "circumstances" there is substituted "(or secure that he is provided with) advice and assistance".
. In section 193 (duty to persons with priority need who are not homeless intentionally), after subsection (3) (as substituted by section 21 above) there is inserted—
"(3A) The authority shall, on becoming subject to the duty under this section, give the applicant a copy of the statement included in their allocation scheme by virtue of section 167(1A) (policy on offering choice to people allocated housing accommodation under Part VI)."'.
. In section 195 (duties in case of threatened homelessness)—
(a) after subsection (3) there is inserted—
"(3A) The authority shall, on becoming subject to the duty under this section, give the applicant a copy of the statement included in their allocation scheme by virtue of section 167(1A) (policy on offering choice to people allocated housing accommodation under Part VI)"'; and
(b) in subsection (5), for the words from "furnish" to "circumstances" there is substituted "provide him with (or secure that he is provided with) advice and assistance".'.
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 160A 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.".'.
