Vote Bundle Text (940203-05)

Amendments proposed to the Housing Bill - continued	House of Commons

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Warm homes

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

NC21

To move the following Clause:—

'(1) The appropriate national authority should issue guidance for the improvement (where appropriate) of existing HMOs and the implementation in future housing stock (where possible) of—

(a)	installation of products manufactured for cavity walls, loft or underfloor installation, external and internal wall cladding and draft proofing

(b)	Greater control of domestic heating systems, low emissivity glazing and efficient fitting of pipes and plumbing.

(2) The local housing authority should seek to act in accordance with subsection 1 and with the Sustainable Energy Act 2003.'.

Obligation to provide and facilitate provision of caravan sites

Ms Karen Buck

NC22

To move the following Clause:—

'(1) Each local planning authority shall make provision in local development documents for adequate and suitable accommodation to meet the needs of all Gypsies and Travellers residing in or resorting to their area, having regard to the Regional Spatial Strategy (Spatial Development Strategy for planning authorities in Greater London).

(2) Without prejudice to their obligations to discharge any of their functions, every local authority, being a district council, the council of a metropolitan district or London Borough, or unitary authority shall—

(a)	facilitate the provision of, and

(b)	if necessary secure the provision of,

adequate and suitable accommodation to meet the needs of all Gypsies and Travellers residing in or resorting to their area.

(3) In exercising the above, such authorities shall have particular regard to—

(a)	the requirements of children,

(b)	the health and safety of the community,

(c)	access to services.

(4) The Secretary of State shall provide such guidance as he considers appropriate for the purpose of ensuring the better performance by those persons of their duties under subsections (1), (2) and (3). This shall include, but not be restricted to guidance on—

(a)	Gypsy and Traveller accommodation needs assessment,

(b)	consultation with Gypsies and Travellers on site location and design.'.

Amendment of the Housing Act 1996

Ms Karen Buck

NC23

To move the following Clause:—

'(1) The Housing Act 1996 is amended as follows.

(2) In section 18(1) after "housing" there is inserted "or caravan site management and provision activities".

(3) In section 2(2), after paragraph (c) there is inserted—

"(d)	caravan sites for Gypsies and Travellers as defined by section 24(8) of the Caravan Sites and Control of Development Act 1960 as amended.".'.

Definitions

Ms Karen Buck

NC24

To move the following Clause:—

"In this Part—

"Accommodation" includes temporary stopping places as well as permanent accommodation.

"Gypsies and Travellers" means Gypsies, Irish Travellers and such other groups as are established to be racial groups under the Race Relations Act 1976 and all other people who are of nomadic habit of life whatever their race or origin, but does not include members of an organised group of travelling showmen or persons engaged in travelling circuses, travelling together as such, but does include those who do not travel but retain nomadic character by reason of—

(a)	the person's history including family history;

(b)	the reasons for ceasing to travel;

(c)	the person's future wishes and intentions to resume travelling when or if the reasons for settling have ceased to apply; and

(d)	the person's attitude to living in a caravan rather than a conventional house.'.

Accessible housing registers

Mr David Kidney

NC25

To move the following Clause:—

'(1) Each local housing authority shall maintain an accessible housing register.

(2) An accessible housing register means a register of—

(a)	existing or planned accessible residential properties in the local authority area, whether purpose-built or adapted, with details of the access features relating to each property, and

(b)	disabled people who require accessible housing,

and a service of matching disabled people to properties so recorded.

(3) For the purpose of this section "accessible residential properties" means dwellings, flats and houses in multiple occupation in England and Wales which provide a reasonable means of access and ease for use for disabled people or which may be easily adapted to provide such access and ease of use.

(4) The appropriate national authority may give guidance to local housing authorities about exercising their functions under this section.

(5) A local housing authority shall have regard to any guidance for the time being given under this section.'.

Tenancy Deposit Scheme

Mr Clive Betts
Ms Karen Buck

NC26

*To move the following Clause:—

'(1) Where a landlord requires payment of a deposit in relation to any premises occupied as a dwelling under a tenancy, the occupier must pay that deposit into the Deposit Scheme unless subsection (2) applies.

(2) Landlords, or their appointed agents, who are members of national self-regulated bodies that are bonded by insurance schemes approved by the appropriate national authority may request in writing the payment of any deposit lawfully demanded directly to themselves.

(3) Where subsection (2) applies, the occupier must pay the deposit directly to their landlord, upon which the landlord must provide a written receipt.

(4) Any dispute between the landlord and the occupier over the return of the deposit is to be resolved by independent adjudication.

(5) The appropriate national authority may by regulations specify—

(a)	The terms, conditions and management of the Deposit Scheme;

(b)	Approved bodies and schemes under subsection (2);

(c)	The mechanisms and procedures to be followed under subsection (A).

(6) The appropriate national authority may by regulations specify that a failure to adhere to such sections of this Part as it sees fit constitutes acts or omissions for the purposes of section 211(2) of the Enterprise Act 2002.'.

Mr Keith Hill

Clause 177, page 127, line 15, at end insert—

'(6A) A person exercising the power of entry conferred by subsection (2) or (6) may do such of the following as he thinks necessary for the purpose for which the power is being exercised—

(a)	take other persons with him;

(b)	take equipment or materials with him;

(c)	take measurements or photographs or make recordings;

(d)	leave recording equipment on the premises for later collection;

(e)	take samples of any articles or substances found on the premises.'.

Mr Keith Hill

Clause 177, page 127, line 24, after '(2)', insert 'or (6)'.

Mr Keith Hill

Clause 178, page 128, line 14, leave out from 'necessary)' to end of line 16 and insert—

'(5A) Subsection (6A) of section 177 applies to the person on whom that power is conferred as it applies to a person exercising the power of entry conferred by subsection (2) or (6) of that section.'.

Mr Edward Davey
Matthew Green
Richard Younger-Ross

395

*Clause 187, page 132, line 33, after 'under,', insert 'section 133,'.

Mr Keith Hill

Clause 187, page 132, line 35, after 'section', insert '(Residential property tribunals)(3) or'.

Mr Keith Hill

163

Schedule 10, page 186, line 27, leave out 'the court' and insert 'a residential property tribunal'.

Mr Keith Hill

164

Schedule 10, page 186, line 32, leave out 'court' and insert 'tribunal'.

Mr Keith Hill

165

Schedule 10, page 186, line 40, leave out 'judge' and insert 'tribunal'.

Mr Keith Hill

166

Schedule 10, page 186, line 41, leave out 'his judgment' and insert 'its decision'.

Mr Keith Hill

Schedule 10, page 190, line 4, at end insert—

'15A

In section 307(1) (saving for rights arising from breach of covenant etc.) for the words from "relating to" to "prejudices" substitute "relating to the demolition or purchase of unfit premises prejudices.".'.

Mr Keith Hill

167

Schedule 10, page 191, line 19, at end insert—

'"residential property tribunal section (residential property tribunals) of the Housing Act 2004".'.

Mr Keith Hill

168

Schedule 10, page 194, line 11, at end insert—

'Landlord and Tenant Act 1985 (c. 70)

24A

(1)

Section 20C of the Landlord and Tenant Act 1985 (limitation of service charges: costs of proceedings) is amended as follows.

(2)	In subsection (1) after "a court" insert ", residential property tribunal".

(3)	In subsection (2) after paragraph (a) insert—

"(aa)

in the case of proceedings before a residential property tribunal, to the Lands Tribunal;".'.

Mr Keith Hill

204

Schedule 10, page 194, line 11, at end insert—

'Housing Act 1988 (c. 50)

24B

In paragraph 47 of Schedule 17 to the Housing Act 1988 (amendments of Part 9 of Housing Act 1985) for "sections 264(5), 270(3), 276 and 286(3)" substitute "section 270(3)".'.