Vote Bundle Text (940122-03)

Amendments proposed to the Housing Bill - continued	House of Commons

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Mr John Hayes
Mr Robert Syms [R]
Mr Mark Field

196

Clause 33, page 21, line 12, leave out 'reasonable excuse' and insert 'genuinely adequate reason'.

Mr John Hayes
Mr Robert Syms [R]
Mr Mark Field

197

Clause 38, page 24, line 29, leave out (a).

Mr John Hayes
Mr Robert Syms [R]
Mr Mark Field

198

Clause 38, page 24, line 39, leave out 'certain'.

Mr John Hayes
Mr Robert Syms [R]
Mr Mark Field

203

Clause 38, page 24, line 39, after 'circumstances', insert 'specified by the appropriate national authority'.

Matthew Green
Mr Edward Davey
Richard Younger-Ross

225A

Clause 39, page 25, line 16, at end insert—

'(c) the residential buildings in the area cannot, by reason, of design or construction (whether or not it contains category 1 hazards) and the environment in which it is located, meet the housing needs of any socio-economic group and there is no demand nor need for such housing in the local market.'.

Mr Keith Hill

Clause 40, page 26, line 3, at end insert—

'(ca)

taking emergency remedial action under section (Emergency remedial action);

(cb)	making an emergency prohibition order under section (Emergency prohibition orders); or'.

Mr John Hayes
Mr Robert Syms [R]
Mr Mark Field

199

Clause 40, page 26, line 8, after 'notice,', insert 'in the event of a notice actually being served'.

Mr John Hayes
Mr Robert Syms [R]
Mr Mark Field

200

Clause 40, page 26, line 9, after 'notice,', insert 'in the event of a notice actually being served'.

Mr Keith Hill

Clause 40, page 26, line 10, at end insert—

'(2A) The expenses are, in the case of emergency remedial action under section (Emergency remedial action), the expenses incurred in—

(a)	determining whether to take such action, and

(b)	serving the notice required by subsection (7) of that section.'.

Mr Keith Hill

Clause 40, page 26, line 12, after first 'Act', insert ', an emergency prohibition order under section (Emergency prohibition orders)'.

Mr John Hayes
Mr Robert Syms [R]
Mr Mark Field

201

Clause 40, page 26, line 14, after 'order,', insert 'in the event of a notice actually being served'.

Mr John Hayes
Mr Robert Syms [R]
Mr Mark Field

202

Clause 40, page 26, line 18, after '24,', insert 'in the event of a notice actually being served'.

Mr Keith Hill

Clause 40, page 26, line 22, leave out 'court' and insert 'tribunal'.

Mr Keith Hill

Clause 41, page 26, line 32, at end insert—

'(2A) In the case of emergency remedial action under section (Emergency remedial action), the charge may be recovered from the person served with the notice required by subsection (7) of that section.'.

Mr Keith Hill

Clause 41, page 26, line 34, leave out second 'or' and insert—

'(aa)

an emergency prohibition order under section (Emergency prohibition orders), or'.

Mr Keith Hill

Clause 43, page 28, line 14, at end insert—

'Residential property tribunal Section (Residential property tribunals)'.

NEW CLAUSES RELATING TO PART 1

Consultation with fire authorities in certain cases

Mr Keith Hill

NC3

To move the following Clause:—

'(1) This section applies where a local housing authority—

(a)	are satisfied that a prescribed fire hazard exists in an HMO or in any common parts of a building containing one or more flats, and

(b)	intend to take in relation to the hazard one of the kinds of enforcement action listed in section 5(2) or section 7(2).

(2) Before taking the enforcement action in question, the authority must consult the fire authority for the area in which the HMO or building is situated.

(3) In the case of any proposed emergency measures, the authority's duty under subsection (2) is a duty to consult that fire authority so far as it is practicable to do so before taking those measures.

(4) In this section—

"emergency measures" means emergency remedial action under section (Emergency remedial action) or an emergency prohibition order under section Emergency prohibition orders);"fire authority" means—

(a)	a fire authority constituted by a combination scheme under the Fire Services Act 1947 (c.41);

(b)	a metropolitan county fire and defence authority;

(c)	the London Fire and Emergency Planning Authority; or

(d)	a county council acting as the fire authority for its area under section 4 of the Fire Services Act 1947 (c.41);

"prescribed fire hazard" means a Category 1 or 2 hazard which is prescribed as a fire hazard for the purposes of this section by regulations under section 2.'.

Emergency remedial action

Mr Keith Hill

NC4

To move the following Clause:—

'(1) If—

(a)	the local housing authority are satisfied that a Category 1 hazard exists on any residential premises, and

(b)	they are further satisfied that the hazard involves an imminent risk of serious harm to the health or safety of any of the occupiers of those or any other residential premises, and

(c)	no interim or final management order is in force under Part 4 in relation to the premises mentioned in paragraph (a),

the taking by the authority of emergency remedial action under this section in respect of the hazard is a course of action available to the authority in relation to the hazard for the purposes of section 5 (category 1 hazards: general duty to take enforcement action).

(2) "Emergency remedial action" means such remedial action in respect of the hazard concerned as the authority consider immediately necessary in order to remove the imminent risk of serious harm within subsection (1)(b).

(3) Emergency remedial action under this section may be taken by the authority in relation to any premises in relation to which remedial action could be required to be taken by an improvement notice under section 9 (see subsections (3) and (4) of that section).

(4) Emergency remedial action under this section may be taken by the authority in respect of more than one category 1 hazard on the same premises or in the same building containing one or more flats.

(5) Paragraphs 3 to 5 of Schedule 3 (improvement notices: enforcement action by local authorities) apply in connection with the taking of emergency remedial action under this section as they apply in connection with the taking of the remedial action required by an improvement notice which has become operative but has not been complied with.

But those paragraphs so apply with the modifications set out in subsection (6).

(6) The modifications are as follows—

(a)	the right of entry conferred by paragraph 3(3A) may be exercised at any time; and

(b)	the notice required by paragraph 4 (notice before entering premises) must (instead of being served in accordance with that paragraph) be served on every person, who to the authority's knowledge—

(i)	is an occupier of the premises in relation to which the authority propose to take emergency remedial action, or

(ii)	if those premises are common parts of a building containing one or more flats, is an occupier of any part of the building; but

(c)	that notice is to be regarded as so served if a copy of it is fixed to some conspicuous part of the premises or building.

(7) Within the period of seven days beginning with the date when the authority start taking emergency remedial action, the authority must serve—

(a)	a notice under section (Notice of emergency remedial action), and

(b)	copies of such a notice,

on the persons on whom the authority would be required under Part 1 of Schedule 1 to serve an improvement notice and copies of it.

(8) Section 178 (warrant to authorise entry) applies for the purpose of enabling a local housing authority to enter any premises to take emergency remedial action under this section in relation to the premises, as if—

(a)	that purpose were mentioned in subsection (2) of that section, and

(b)	the circumstances as to which the justice of the peace must be satisfied under subsection (4) were that there are reasonable grounds for believing that the authority will not be able to gain admission to the premises without a warrant.

(9) For the purposes of the operation of any provision relating to improvement notices as it applies by virtue of this section in connection with emergency remedial action or a notice under section (Notice of emergency remedial action), any reference in that provision to the specified premises is to be read as a reference to the premises specified, in accordance with section (Notice of emergency remedial action)(2)(c), as those in relation to which emergency remedial action has been (or is to be) taken.'.