Obligation to provide and facilitate provision of caravan sites
Ms Karen Buck
Dr Brian Iddon
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, |
(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
Dr Brian Iddon
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
Dr Brian Iddon
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
Dr Brian Iddon
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.'.
Amendment of Caravan Sites Act 1968
Mr Hilton Dawson
Mr Bob Blizzard
Mr Bill Olner
Andrew George
Mr Edward Davey
Matthew Green
NC27
To move the following Clause:—
'(1) The Caravan Sites Act 1968 is amended as follows.
(2) After section 4, there is inserted—
| "4A | Residents Associations |
| | A Residents Association shall be recognised on each protected site to meet regularly with the licensee and management to review park standards and amenities and negotiate the pitch fee.". |
(3) For section 5(5) there is substituted—
| "(5) | The Protection from Eviction Act 1977 (c. 43) (protection against harassment and eviction without due process of law) shall apply to any premises being a caravan stationed on a protected site.".'. |
Amendment of the Caravan Sites and Control of Development Act 1960
Mr Hilton Dawson
Mr Bob Blizzard
Mr Bill Olner
Andrew George
Mr Edward Davey
Mr Harry Barnes
NC28
To move the following Clause:—
'(1) The Caravan Sites and Control of Development Act 1960 is amended as follows.
(2) After section 3(6), add—
| "(7) | In deciding whether a person is a fit and proper person to be the licence holder or manager of a residential park the local housing authority must have regard to the criteria set out in section 55 of the Housing Act.". |
(3) In section 9, leave out "level 4" and insert "£20,000".
(4) After section 10(1) there is inserted—
| "(1A) | Where the holder of a site licence in respect of any land has or intends to transfer his interest in the land to which the licence relates he shall inform the local authority and provide them with the name and address of the transferee.". |
(5) After section 10, there is inserted—
| | A local authority which has issued a site licence shall be under a duty regularly to consider whether it is necessary or desirable to attach conditions to the licence or to alter or cancel existing conditions and to take all reasonable steps to ensure that such conditions as are attached to a site licence are being complied with.".'. |
Amendment of the Mobile Homes Act 1983
Mr Hilton Dawson
Mr Bob Blizzard
Mr Bill Olner
Andrew George
Mr Edward Davey
Matthew Green
NC29
To move the following Clause:—
'(1) The Mobile Homes Act 1983 is amended as follows.
(2) After section (1) there is inserted—
| "1A (1) | Before the making of an agreement to which this Act applies the owner of the protected site shall give to the potential buyer a copy of the written statement. |
| (2) | The written statement shall be signed by both parties on the day of sale. |
| (3) | The implied terms of that written statement shall include particulars of the land on which the occupier is entitled to station the park home sufficient to identify— |
| (a) | the boundaries of the land on which the mobile home may be located; and |
| (b) | the services provided on that land.".'. |
Local authority variation of right to buy discounts
Matthew Green
Mr Edward Davey
Richard Younger-Ross
NC36
To move the following Clause:—
'The housing authorities may set the level of discount for right to buy and right to acquire schemes within their district.
| (1) | The Secretary of State may by regulations make provisions relating to this Clause. |
| (2) | The housing authority may not exceed the level of discount as set down in regulations made by the Secretary of State.'. |
The right to invest
Matthew Green
Mr Edward Davey
Richard Younger-Ross
NC37
To move the following Clause:—
'Tenants of housing authorities and registered social landlords who hold secure tenancies shall have the right to purchase a portion of their property.
| (1) | The tenant will pay a rent on the portion that is retained by the landlord in proportion to the landlord's share of the property. |
| (2) | The landlord will have the right of first refusal to purchase the portion of the property owned by the tenant. |
| (3) | The Secretary of State may by regulations make provisions relating to this Clause.'. |
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