S.C.E.
Amendment Paper as at
Thursday 29th January 2004
STANDING COMMITTEE E
New Amendments handed in are marked thus *
HOUSING BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [20th January].
Mr John Hayes
Mr Robert Syms [R]
Mr Mark Field
306
Clause 66, page 44, line 15, at end insert—
| '(aa) | to notify all those affected in equivalent form to that detailed in section 48 and'. |
Mr John Hayes
Mr Robert Syms [R]
Mr Mark Field
307
Clause 66, page 44, line 18, leave out 'reasonable time' and insert 'timescale specified by the appropriate national authority'.
Mr John Hayes
Mr Robert Syms [R]
Mr Mark Field
301
Clause 66, page 44, line 18, at end insert—
'(6) Whatever the arrangements of management, it is the manager who shall be ultimately responsible for a house under this part possessing a valid licence.'.
Mr Edward Davey
Matthew Green
Richard Younger-Ross
289
Clause 67, page 44, line 23, at end insert ', or
(c) areas in their district,'.
Mr John Hayes
Mr Robert Syms [R]
Mr Mark Field
302
Clause 67, page 44, line 25, leave out 'met.' and insert 'fulfilled, in addition to meeting the requirements that will be established by the appropriate national authority regarding the requirements of subsections (2) and (9).'.
Mr John Hayes
Mr Robert Syms [R]
Mr Mark Field
308
Clause 67, page 45, line 3, at end insert—
| '(d) | the number of occupiers that are not British passport holders'. |
Mr John Hayes
Mr Robert Syms [R]
Mr Mark Field
303
Clause 67, page 45, line 27, leave out 'take reasonable steps' and insert 'undertake the process, outlined by the appropriate national authority'.
Mr Edward Davey
Matthew Green
Richard Younger-Ross
288
Clause 68, page 45, line 39, leave out 'both—'.
Mr Edward Davey
Matthew Green
Richard Younger-Ross
287
Clause 68, page 45, line 43, at end insert ', and
(c) as regards its homelessness strategy and the provision of advice and assistance to those likely to be affected by the designation.'.
Mr Edward Davey
Matthew Green
Richard Younger-Ross
290
Clause 68, page 46, line 2, leave out 'an' and insert 'a more'.
Mr Edward Davey
Matthew Green
Richard Younger-Ross
291
Clause 69, page 46, line 11, leave out paragraphs (a) and (b) and insert 'it complies with general criteria laid down by the appropriate national authority.'.
Mr Edward Davey
Matthew Green
Richard Younger-Ross
293
Clause 70, page 47, line 7, at end insert—
'(ca) the conditions as laid out in section 67(3), 67(6) or by order under 67(7) under which the designation has been made, and'.
Mr Edward Davey
Matthew Green
Richard Younger-Ross
294
Clause 71, page 47, line 22, at end insert 'in particular, with respect to the objectives or objectives that the designation is intended to achieve.'.
Mr Keith Hill
43
Clause 73, page 48, line 44, leave out 'county court' and insert 'residential property tribunal'.
Mr Keith Hill
44
Clause 73, page 49, leave out line 5.
Mr Keith Hill
45
Clause 73, page 49, line 6, leave out 'court' and insert 'tribunal'.
Mr Keith Hill
46
Clause 73, page 49, line 9, leave out 'court' and insert 'tribunal'.
Mr John Hayes
Mr Robert Syms [R]
Mr Mark Field
305
Clause 75, page 50, line 17, leave out paragraph (d) and insert—
| '(d) | that the manager shall be ultimately responsible for a house under this part possessing a valid licence.'. |
Mr John Hayes
Mr Robert Syms [R]
Mr Mark Field
309
Clause 76, page 50, line 32, at end insert—
| '(d) | any recorded convictions on the sex offenders' register'. |
Mr John Hayes
Mr Robert Syms [R]
Mr Mark Field
304
Clause 76, page 51, line 9, leave out paragraph (c) and insert—
| '(c) | the guidance on fitness tests supplied by the appropriate national authority.'. |
Mr Edward Davey
Matthew Green
Richard Younger-Ross
296
Clause 77, page 51, line 25, after 'requiring', insert 'reasonable'.
Mr Edward Davey
Matthew Green
Richard Younger-Ross
297
Clause 77, page 51, line 26, leave out 'relating to'.
Mr Edward Davey
Matthew Green
Richard Younger-Ross
292
Clause 77, page 51, line 26, at end insert—
'(ba) conditions requiring the written statement of terms in paragraph 1 (5) of Schedule 4 to contain details of—
| (i) | the responsibilities of the occupier in respect of his own conduct; |
| (ii) | the responsibilities of the occupier in respect of the conduct of other occupiers and visitors; |
| (iii) | the ways in which the licence holder may address any nuisance or annoyance caused to others by persons occupying or visiting the house.'. |
Mr John Hayes
Mr Robert Syms [R]
Mr Mark Field
310
Clause 77, page 51, line 30, at end insert—
| '(d) | conditions regarding equipment necessary to limit the susceptibility to fire hazards'. |
Mr Edward Davey
Matthew Green
Richard Younger-Ross
298
Clause 77, page 52, line 10, at end insert ', except in relation to matters contained in Schedule 4 to this Act.'.
Mr John Hayes
Mr Robert Syms [R]
Mr Mark Field
311
Clause 80, page 53, line 43, at end insert—
| '(d) | where the licence holder is deemed to have committed a serious criminal offence'. |
Mr John Hayes
Mr Robert Syms [R]
Mr Mark Field
299
Clause 82, page 55, line 16, at end insert—
'(3A) A lender who has taken possession of an HMO that should be licensed but is found not to be so, would not be guilty of an offence in relation to licensing of houses under this Part.'.
Mr Keith Hill
47
Clause 82, page 55, line 32, leave out from 'so,' to end of line 34 and insert 'one of the conditions set out in subsection (8) is met.
(8) The conditions are—
| (a) | that the period for appealing against the decision of the authority not to serve or grant such a notice or licence (or against any relevant decision of a residential property tribunal) has not expired, or |
| (b) | that an appeal has been brought against the authority's decision (or against any relevant decision of such a tribunal) and the appeal has not been determined or withdrawn. |
(9) In subsection (8) "relevant decision" means a decision which is given on an appeal to the tribunal and confirms the authority's decision (with or without variation).'.
Mr Edward Davey
Matthew Green
Richard Younger-Ross
295
Clause 83, page 55, line 44, at end insert 'and
(c) section 21 of the Housing Act 1988 (c.50) shall not apply.'.
Mr John Hayes
Mr Robert Syms [R]
Mr Mark Field
300
Clause 83, page 55, line 44, at end insert—
'(2A) In the circumstances where a lender has taken possession of the property, subsection (2)(a) and (b) do not apply.'.
Mr Keith Hill
48
Clause 85, page 57, line 7, at end insert—
