S.C.C.
Amendment Paper as at
Tuesday 26th February 2002
STANDING COMMITTEE C
Dr Desmond Turner
That, if proceedings on the Home Energy Conservation Bill are not concluded at this morning's sitting, the Committee do meet again this day at half-past Four o'clock.
HOME ENERGY CONSERVATION BILL
Dr Desmond Turner
Mr Tim Boswell
Sue Doughty
Dr Brian Iddon
Dr Ian Gibson
Mr Alan Simpson
20
Clause 4, page 2, line 34, leave out 'Secretary of State' and insert 'appropriate authority'.
Dr Desmond Turner
Mr Tim Boswell
Sue Doughty
Dr Brian Iddon
Dr Ian Gibson
Mr Alan Simpson
21
Clause 4, page 2, line 35, leave out 'his opinion' and insert 'the opinion of the authority'.
Dr Desmond Turner
Mr Tim Boswell
Sue Doughty
Dr Brian Iddon
Dr Ian Gibson
Mr Alan Simpson
22
Clause 4, page 2, line 42, leave out 'him' and insert 'the appropriate authority'.
Dr Desmond Turner
Mr Tim Boswell
Sue Doughty
Dr Brian Iddon
Dr Ian Gibson
Mr Alan Simpson
23
Clause 4, page 2, line 43, leave out 'him' and insert 'the appropriate authority'.
Dr Desmond Turner
Mr Tim Boswell
Sue Doughty
Dr Brian Iddon
Dr Ian Gibson
Mr Alan Simpson
24
Clause 4, page 3, line 1, leave out 'Secretary of State' and insert 'appropriate authority'.
Dr Desmond Turner
Mr Tim Boswell
Sue Doughty
Dr Brian Iddon
Dr Ian Gibson
Mr Alan Simpson
25
Clause 4, page 3, line 6, at end insert—
'(4) In this section "the appropriate authority" has the meaning given by section 1.'.
Mr Michael Meacher
36
Page 2, line 33, leave out Clause 4.
Mr John Baron [R]
51
Clause 5, page 3, leave out lines 14 to 37 and insert '"house in multiple occupation" means a house which is occupied by persons who do not form a single household.'.
Mr John Baron [R]
52
Clause 5, page 3, line 14, leave out from 'house" to end of line 25 and insert 'where its occupancy is or would be subject to more than one tenancy agreement whether written or verbal'.
Mr John Baron [R]
53
Clause 5, page 3, line 37, at end add—
| '(e) | a building which has been converted into self-contained flats in accordance with Building Regulations; |
| (f) | service tenancy agreements.'. |
Mr Michael Meacher
48
Page 3, line 9, leave out Clause 5.
Mr Michael Meacher
39
Page 3, line 38, leave out Clause 6.
Mr John Baron [R]
26
Clause 7, page 4, line 17, at end insert 'which shall include specific requirements relating to the provision, siting and maintenance of smoke alarms'.
Mr Richard Bacon
45
Clause 7, page 4, line 28, at end insert—
'(3) Where the costs of refurbishing an HMO to a standard which meets the requirements of a scheme introduced under subsection (1) is equal to or exceeds 50 per cent. of the annual rental income of that HMO, the owner shall, within two years of the Secretary of State making an order under subsection (1), have the right to convert the HMO to single occupancy and to obtain planning permission for that purpose.'.
Mr Richard Bacon
46
Clause 7, page 4, line 28, at end insert—
'(3) Where the costs of refurbishing an HMO to a standard which meets the requirements of a scheme introduced under subsection (1) is equal to or exceeds 50 per cent. of the annual rental income of that HMO, the owner shall, within two years of the Secretary of State making an order subsection (1), have the right to convert the HMO to single occupancy and there shall be a presumption in favour of planning permission being granted for that purpose.'.
Mr Michael Meacher
40
Page 4, line 3, leave out Clause 7.
Dr Vincent Cable
Sue Doughty
57
Clause 8, page 4, line 34, leave out 'and' and insert 'or'.
Mr Richard Bacon
Mr John Baron
47
Clause 8, page 4, leave out lines 36 and 37.
Mr Alan Simpson
50
Clause 8, page 4, line 36, leave out 'a registered social landlord or'.
Mr Michael Meacher
41
Page 4, line 29, leave out Clause 8.
Mr Michael Meacher
56
Clause 10, page 5, line 12, at end insert—
'( ) Section 1 comes into force at the end of the period of 12 months beginning with the day on which this Act is passed.'.
Mr Michael Meacher
42
Clause 10, page 5, line 13, leave out subsection (2) and insert—
'( ) The following provisions come into force at the end of the period of two months beginning with the day on which this Act is passed—
| (a) | section (Registration schemes), |
| (b) | section (Model schemes and confirmation of schemes), |
| (c) | section (Wales), so far as relating to any power to make regulations conferred by either of those sections. |
( ) Otherwise, this Act shall come into force on such day as the appropriate Minister may by order made by statutory instrument appoint; and different days may be appointed for different purposes.
( ) The appropriate Minister may by order made by statutory instrument make such transitional provisions and savings as he considers appropriate in connection with the coming into force of any provision of this Act.
( ) In this Act "the appropriate Minister" means—
| (a) | in relation to England, the Secretary of State, |
| (b) | in relation to Wales, the National Assembly for Wales.'. |
NEW CLAUSES
Failure of energy conservation authority to implement measures
Dr Desmond Turner
Mr Tim Boswell
Sue Doughty
Dr Brian Iddon
Dr Ian Gibson
Mr Alan Simpson
NC1
To move the following Clause:—
'Where the appropriate authority is satisfied that an energy conservation authority is failing to comply with section 1, subsections (5), (6) (9), (11), (12) and (13) of section 15 of the Local Government Act 1999 (which empower the appropriate authority to give directions to defaulting best value authorities as to the exercise by them of their functions or to transfer their functions to another person) shall apply in relation to that energy conservation authority.'.
Registration schemes
Mr Michael Meacher
NC2
To move the following Clause:—
'(1) The Housing Act 1985 is amended as follows.
(2) For section 346 there is substituted—
"346 Registration schemes (1) Every local housing authority shall make a registration scheme which contains—
| (a) | provisions for the compilation and maintenance by the authority of a register for their district of houses in multiple occupation, and |
| (b) | control provisions (see section 347). |
(2) A registration scheme need not be for the whole of the authority's district and need not apply to every description of house in multiple occupation.
(3) But a registration scheme must apply to every house in multiple occupation in the authority's district of a description prescribed by regulations made by the Secretary of State.
(4) A registration scheme may vary or revoke a previous registration scheme; and a scheme which revokes a previous scheme may contain transitional provisions.
(5) A local housing authority shall make—
| (a) | a registration scheme containing provisions mentioned in subsection (1)(a) no later than the end of the period of one year beginning with the day on which section (Registration schemes) of the Home Energy Conservation Act 2002 comes into force; and |
| (b) | a registration scheme containing control provisions no later than the end of the period of two years beginning with that day. |
(6) Any power to make regulations under this section is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.".
(3) In section 347(1) (control provisions), for "A registration scheme may contain control provisions, that is to say," there is substituted "In this Part "control provisions" means".
(4) In section 348B(1) (special control provisions), for "which contains control provisions may also" there is substituted "may".
(5) In section 349 (steps required to inform public about schemes), subsection (5) is repealed.'
Model schemes and confirmation of schemes
Mr Michael Meacher
NC3
To move the following Clause:—
'For section 346B of the Housing Act 1985 there is substituted—
"346B Model schemes and confirmation of schemes (1) The Secretary of State may prepare a model registration scheme, with or without special control provisions (see section 348B).
(2) A registration scheme which—
| (a) | conforms to the model scheme, or |
| (b) | does not conform to the model scheme by reason only of containing provisions of a description prescribed by regulations made by the Secretary of State, |
does not require confirmation by the Secretary of State and comes into force on such date (at least one month, but not more than three months, after the making of the scheme) as may be specified in the scheme.
(3) If—
| (a) | a registration scheme varies a previous registration scheme, and |
| (b) | the scheme as varied falls within subsection (2)(a) or (b), |
the registration scheme making the variation does not require confirmation by the Secretary of State and comes into force on such date (at least one month, but not more than three months, after the making of the scheme) as may be specified in the scheme.
(4) Any other registration scheme does not come into force unless confirmed by the Secretary of State.
(5) The Secretary of State may vary a scheme before confirming it.
(6) A scheme requiring confirmation comes into force one month after it is confirmed.
(7) If the Secretary of State varies or withdraws the model registration scheme, the registration scheme made by a local housing authority is revoked at the end of the relevant period unless during that period—
| (a) | the scheme is revoked by another registration scheme made by the authority, |
| (b) | the scheme is varied so as to fall within subsection (2)(a) or (b), or |
| (c) | the scheme is re-confirmed by the Secretary of State or the authority make a registration scheme varying the scheme which is confirmed by him. |
(8) The relevant period is the period of six months beginning with the day on which the Secretary of State varies or withdraws the model registration scheme.
(9) Any power to make regulations under this section is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.".'.
