Amendment Paper as at
Monday 22nd October 2001
CONSIDERATION OF BILL
HOMELESSNESS BILL
NEW CLAUSES
Rough sleepers
Mr Nigel Waterson
Tim Loughton
Mr Geoffrey Clifton-Brown
Andrew Selous
NC1
To move the following Clause:—
'The Rough Sleepers Unit shall cease to operate with effect from April 2002, and its powers and responsibilities shall be devolved to local housing authorities.'.
Limitation of main homelessness duty for prisoners
Mr Andrew Turner
NC2
To move the following Clause:—
'In subsection (1) of section 193 of the 1996 Act (duty to persons with priority need who are not homeless intentionally), after the word "assistance", there is inserted—
", has not been sentenced to imprisonment in respect of a conviction and been released from imprisonment within a period of six months prior to his application not having been resident in the authority's area at the time of sentence,".'.
Limitation of main homelessness duty to residents
Mr Andrew Turner
NC3
To move the following Clause:—
'In subsection (1) of section 193 of the 1996 Act (duty to persons with priority need who are not homeless intentionally), after the word "assistance", there is inserted—
", was continually resident in the authority's area for a period of twelve months prior to his application,".'.
Accommodation during reviews of homelessness decisions
Mr Don Foster
Mr Adrian Sanders
NC4
To move the following Clause:—
' After section 202 of the 1996 Act (right to request review of decision) there is inserted—
"202A Section 202: reviews
(1) This section applies where an applicant has the right to request a review of a decision by an authority or authorities under section 202.
(2) If the applicant is dissatisfied with a decision by the authority—
(a) not to exercise their power to continue to secure that accommodation is available for the applicant's occupation pending a review under section 188;
(b) in a case where the authority have secured that accommodation is available for the applicant's occupation under section 190(2)(a), to cease to secure that accommodation is so available before the time available to the applicant to bring an appeal under section 204 of the Act has expired (or, if sooner, the day on which an appeal is brought by the applicant);
(c) not to exercise their power to secure that accommodation is available for the applicant's occupation pending a review, under section 200(5) or;
(d) to exercise their power under either section 188 or section 200(5) for a limited time ending before the time available to the applicant to bring an appeal under section 204 of the Act has expired (or, if sooner, the day on which an appeal is brought by the applicant), or, in either case, to cease exercising their power before that time,
he may appeal to the county court against the decision.
(3) An appeal under this section may not be brought after the time available to the applicant to bring an appeal under section 204 of the Act has expired (or, if sooner, after the date on which an appeal is brought).
(4) On an appeal under this section the court—
(a) may order the authority to secure that accommodation is available for the applicant's occupation until the time available to the applicant to bring an appeal under section 204 of the Act has expired (or such earlier time as the court may specify); and
(b) shall confirm or quash the decision appealed against,
and in considering whether to confirm or quash the decision the court shall apply the principles applied by the High Court on an application for judicial review.
(5) If the court quashes the decision it may order the authority to exercise any of the powers mentioned in subsection (2) above in the applicant's case for such period as may be specified in the order.
(6) An order under subsection (5)—
(a) may only be made if the court is satisfied that failure to exercise the power in accordance with the order would substantially prejudice the applicant's ability to pursue the review against the authority's decision in his case;
(b) may not specify any period ending after the time available to the applicant to bring an appeal under section 204 of the Act has expired.".'.
Co-operation between registered social landlords and local housing authorities
Mr Don Foster
Mr Adrian Sanders
NC5
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.".'.
Mr Nigel Waterson
Tim Loughton
Mr Geoffrey Clifton-Brown
Andrew Selous
1
Page 1, line 3 [Clause 1], after 'authority")', insert 'and its strategic partners, to include registered social landlords and housing co-operatives, landlords of houses in multiple occupation registered with the authority under the Housing Act 1996, members of landlords' forums, and voluntary organisations and other relevant bodies ("strategic partners")'.
Mr Nigel Waterson
Tim Loughton
Mr Geoffrey Clifton-Brown
Andrew Selous
2
Page 1, line 16 [Clause 1], at end insert—
'(4A) The authority shall maintain a list of those organisations which are its strategic partners, which it may modify from time to time.'.
Mr Nigel Waterson
Tim Loughton
Mr Geoffrey Clifton-Brown
Andrew Selous
3
Page 2, line 11 [Clause 2], at end insert '; and
(d) the availability of housing advice within the district.'.
Mr Nigel Waterson
Tim Loughton
Mr Geoffrey Clifton-Brown
Andrew Selous
4
Page 2, line 19 [Clause 2], at end insert—
'(d) providing for the welfare of animals under the control of homeless persons.'.
Mr Nigel Waterson
Tim Loughton
Mr Geoffrey Clifton-Brown
Andrew Selous
5
Page 2, line 29 [Clause 3], after 'authority', insert 'and its strategic partners'.
Mr Nigel Waterson
Tim Loughton
Mr Geoffrey Clifton-Brown
Andrew Selous
8
Page 3, line 12 [Clause 3], at end insert—
'(5A) In formulating a homelessness strategy the authority shall have regard to—
(a) the total and types of empty housing and vacant property within their district which should be based on regular audits of such property;
(b) targets for the re-use of such properties for residential purposes;
(c) "turn-around" times for the re-letting of empty property; and
(d) its own action plan to achieve the targets set out in paragraph (b) above, including action by any public authority, voluntary organisation or other body or person whose activities are capable of contributing to the achieving of these objectives.'.
Mr David Kidney
Jeremy Corbyn
9
Page 3, line 12 [Clause 3], at end insert—
'(5A) In formulating a homelessness strategy the authority shall make specific reference to—
(a) the extent and nature of empty housing and vacant property within their district across all sectors and tenures;
(b) targets for the re-use of such properties for residential purposes; and
(c) a strategy for action to achieve the targets set out in (b) above, including action by any public authority, voluntary organisation or other body or person whose activities are capable of contributing to the achieving of these objectives.'.
Mr Nigel Waterson
Tim Loughton
Mr Geoffrey Clifton-Brown
Andrew Selous
6
Page 4, line 40 [Clause 7], at end insert 'and states that the offer shall remain open for acceptance for not less than four working days from the date of the offer, or such longer period as the authority considers reasonable in all the circumstances.'.
Mr Don Foster
Mr Adrian Sanders
10
Page 4, line 40 [Clause 7], at end insert ', and states that the offer shall remain available for such period as the authority may determine is reasonable in all the circumstances.'.
Mr Secretary Byers
22
Page 5, line 43 [Clause 8], leave out ', after subsection (1)' and insert '—
(a) in paragraph (f) of subsection (1), at the end there is inserted "or as to the suitability of accommodation offered to him as mentioned in section 193(7)"; and
(b) after that subsection'.
Mr Don Foster
Mr Adrian Sanders
11
Page 8, line 12 [Clause 13], leave out from beginning to '(7)' in line 13.
Mr Don Foster
Mr Adrian Sanders
12
Page 8, line 15 [Clause 13], leave out 'or (b)'.
