Amendments proposed to the Home Energy Conservation Bill - continued House of Commons

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Control provisions

Mr Michael Meacher


To move the following Clause:—

    '(1)   Section 348 of the Housing Act 1985 (control provisions: decisions on applications and appeals) is amended as follows.

    (2)   In paragraph (c) of subsection (1)—

      (a) for "works" there is substituted "steps", and

      (b) for "executed" there is substituted "taken".

    (3)   After that subsection there is inserted—

          "(1A)   A house is not to be regarded as suitable for such occupation as would be permitted if the application were granted unless it meets such standards as may be prescribed in regulations made by the Secretary of State.

          (1B)   The standards that may be prescribed in the regulations include—

          (a) safety standards,

          (b) energy efficiency standards, and

          (c) standards relating to the fixtures, fittings and furnishings in the house.

          (1C)   The Secretary of State may make regulations prescribing what matters are to be taken into account in determining whether a standard of a prescribed description has been met.

          (1D)   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.".

    (4)   In subsections (2)(b) and (3)(b), for "execution of works" there is substituted "taking of steps".

    (5)   In section 348A of the Housing Act 1985(1)(b) (control provisions: other decisions and appeals), for "works are executed" there is substituted "steps are taken".'


Mr Michael Meacher


To move the following Clause:—

    '(1)   The reference to the Housing Act 1985 in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/ 672) is to be treated as referring to that Act as amended by this Act.

    (2)   Subsection (1) does not affect the power to make further Orders varying or omitting that reference.'.

Meaning of "house in multiple occupation"

Mr Michael Meacher


To move the following Clause:—

    '(1)   Section 345 of the Housing Act 1985 (meaning of "multiple occupation") is amended as follows.

    (2)   In subsection (2)(b), for "by a single household" there is substituted "as a separate dwelling.

    (3)    After subsection (2) there is inserted—

          "(3)   The Secretary of State may make regulations prescribing—

          (a) circumstances in which a person is, or is not, to be regarded as occupying a house, or

          (b) circumstances in which persons occupying a house are, or are not, to be regarded as forming a single household.

          (4)   Regulations under paragraph (b) of subsection (3) may (without prejudice to the generality of that paragraph) secure that persons occupying a house are regarded as forming a single household only where there is a prescribed relationship between each member of the group and any one or more of the others (as the regulations may require).

          (5)   In subsection (4) "prescribed relationship" means any family or other relationship of a description specified in the regulations.

          "(6)   The Secretary of State may also make regulations prescribing descriptions of houses which (whether or not otherwise falling within the definition in subsection (1)) are not to be regarded as houses in multiple occupation within the meaning of this Part.

          (7)    Regulations under subsection (6) may frame a description of house by reference to any features of the house (including the nature of its use or occupation).

          (8)   Regulations under this section—

          (a) may make different provision for different circumstances;

          (b) may make incidental, supplementary and transitional provision; and

          (c) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.".'.

As Amendments to Mr Michael Meacher's proposed New Clause (NC7) (Meaning of "house in multiple occupation"):


Mr John Baron [R]


Line     10,     at end insert—

    '(3A)   Regulations made under subsection (2) shall include in any definition of "house in multiple occupation" a house occupancy of which is or would be subject to more than one tenancy agreement whether written or verbal.'.


Mr Michael Meacher


Line     20,     leave out from 'of' to end of line 22 and insert 'buildings which are, or are not, to be regarded as houses'.


Mr Michael Meacher


Line     24,     leave out from beginning to '(including' and insert 'building by reference to any features of the building'.

Fuel poverty

Dr Desmond Turner
Mr Alan Simpson
Jane Griffiths


To move the following Clause:—

    '(1)   It shall be the duty of every energy conservation authority, so far as is reasonably practicable, to—

      (a) discharge its functions under sections 2 or 5 of the Home Energy Conservation Act 1995 (preparation of reports or further reports), and

      (b) carry out its duty pursuant to section 1 of this Act

       in such a way as to complement and support the appropriate authority's strategy for the time being for the eradication of fuel poverty made under the Warm Homes and Energy Conservation Act 2000.

    (2)   The appropriate authority may from time to time give guidance to energy conservation authorities in relation to the discharge of their functions under subsection (1) above (and such guidance may differ for different authorities or different types of authority).'.


Mr Michael Meacher


Title,     line     2,     leave out from beginning to second 'to' and insert 'accommodation'.


Mr Michael Meacher


Title,     line     2,     before the second 'to' insert 'to amend the definition of house in multiple occupation in Part 11 of the Housing Act 1985;'.


Mr Michael Meacher


Title,     line     3,     leave out from beginning to 'schemes' and insert 'amend the law relating to registration'.

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Prepared 26 Feb 2002