HMOs and duty of care
Mr Charles Kennedy
Sir Menzies Campbell
Mr Edward Davey
Matthew Green
Richard Younger-Ross
Mr Andrew Stunell
NC28
To move the following Clause:—
'(1) A person having control of or managing a HMO owes to all persons occupying the house a duty to take such care as is reasonable in all the circumstances to see that they are reasonably safe from personal injury or from damage to their property.
(2) A person having control of or managing a HMO who is in breach of the duty of care in subsection (1) commits an offence.
(3) A person who commits an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4) A local housing authority must have regard to any breach of the duty in subsection (1) when considering the health and safety condition under section 99.
(5) In this section—
| | "HMO" means a house in multiple occupation as defined by sections 213 to 217, save that the provisions of Schedule 11 do not apply to this section, and references to an HMO include (where the context permits) any yard, garden, outhouses and appurtenances belonging to, or usually enjoyed with, it (or any part of it).'. |
Accommodation needs of Gypsies and Travellers
Ms Karen Buck
Mr John Battle
Mr Paul Stinchcombe
NC29
To move the following Clause:—
'(1) The Housing Act 1985 (c. 68) is amended as follows.
(2) In section 8 (periodical review of housing needs) at the end of subsection 1 insert "including accommodation to meet the needs of Gypsies and Travellers".
(3) In section 56 (minor definitions) after "Part", insert—
| " | "Gypsies and Travellers" means— |
| (a) | persons who are members of ethnic groups for whom living in caravans is an integral part of their traditional way of life, including Romany Gypsies and Irish Travellers; and |
| (b) | persons of nomadic habit of life, whatever their race or origin;".'. |
Protected sites for mobile homes
Ms Karen Buck
Mr John Battle
Mr Paul Stinchcombe
NC30
To move the following Clause:—
'(1) Section 5(1) of the Mobile Homes Act 1983 (c. 34) is amended by substituting the following definition—
| " | "protected site" has the same meaning as in Part 1 of the Caravan Sites Act 1968 except that it also includes any Gypsy and Traveller site owned or managed by a county council, district council, the council of a metropolitan district or London borough of unitary authority." |
(2) Section 5(5) of the Caravan Sites Act 1968 is amended by substituting the word "applies" for the words "shall not apply".'.
Provision of accommodation for gypsies and travellers
Mr John Battle
NC31
To move the following Clause:—
'(1) It shall be the duty of every local authority, being a district council, the council of a metropolitan district or London Borough, or unitary authority to exercise their powers under section 24 of the Caravan Sites and Control of Development Act 1960 so far as may be necessary to provide, or to facilitate the provision of, adequate and suitable accommodation to meet the needs of Gypsies and Travellers residing in or resorting to their area.
(2) Where it appears to a local authority that any other authority could, by taking any specified action, help in the discharge of their duty under subsection (1), they may request the help of that other authority specifying the action in question.
(3) An authority whose help is so requested under subsection (2) above shall comply with the request if it is compatible with their own statutory or other duties and obligations and does not unduly prejudice the discharge of any of their functions.
(4) The Secretary of State may, if at any time it appears to him to be necessary to do so, give directions to any local authority to which subsection (1) of this section applies requiring them to provide, or facilitate the provision of, pursuant to subsection (1) of this section, such sites or additional sites, for the accommodation of such numbers of caravans, as may be specified in the directions; and any such directions shall be enforceable, on the application of the Secretary of State, by mandatory order.
(5) In section 24(2) of the Caravan Sites and Control of Development Act 1960, the term "gypsies" shall be replaced by the term "Gypsies and Travellers".
(6) For section 24(8) of the Caravan Sites and Control of Development Act 1960 there shall be substituted—
| | 'Gypsies and Travellers' means: |
| (1) | persons that are members of ethnic groups for whom living in caravans is an integral part of their traditional way of life, including Romany Gypsies and Irish Travellers; and/or |
| (2) | persons of nomadic habit of life, whatever their race or origin |
| | The expression 'local authority' includes the council of a county." |
(7) In subsection (1), "accommodation" includes temporary stopping places as well as permanent accommodation and in subsection (3) "other authority" means any local authority, including a county council, district council, the council of a metropolitan district or London Borough or unitary authority.'.
Mr Charles Kennedy
Sir Menzies Campbell
Mr Edward Davey
Matthew Green
Richard Younger-Ross
Mr Andrew Stunell
95
Page 68, line 37, [Clause 99], at end insert—
'(2A) A local housing authority must have regard to any breach of the duty owed to persons occupying the house under section [HMOs and duty of care].'.
Mr Secretary Prescott
70
Page 105, line 35 [Clause 157], leave out from 'tenancy' to end of line 36 and insert—
| '(a) | if the tenancy was entered into before, or in pursuance of an agreement made before, the day on which this section comes into force, or |
| (b) | if paragraph (a) does not apply but the tenant is a public sector tenant on that day and does not cease to be such a tenant at any time before serving a notice in respect of the tenancy under section 122 of that Act. |
(6) In subsection (5) "public sector tenant" has the same meaning as in Schedule 4 to that Act.'.
Mr Secretary Prescott
71
Page 106, line 17 [Clause 158], at end insert—
| | '(2A) | If, at the time when the notice is served, there is an existing claim to exercise the right to buy in respect of the dwelling-house, the notice shall (instead of complying with sub-paragraph (2)(d)) state— |
(a) that that claim ceases to be effective on the notice coming into force, but
(b) that section 138A confers a right to compensation in respect of certain expenditure,
and the notice shall also give details of that right to compensation and of how it may be exercised.'.
Mr Charles Kennedy
Sir Menzies Campbell
Mr Edward Davey
Matthew Green
Richard Younger-Ross
Mr Andrew Stunell
116
Page 106, line 18 [Clause 158], leave out '18', and insert '36'.
Mr Charles Kennedy
Sir Menzies Campbell
Mr Edward Davey
Matthew Green
Richard Younger-Ross
Mr Andrew Stunell
117
Page 106, line 21 [Clause 158], leave out '18', and insert '36'.
Mr David Drew
94
Page 108, line 12 [Clause 158], at end insert—
'16 The Right to Buy does not apply in a rural area if the area has been exempted by regulations made by the Secretary of State.'.
Mr Secretary Prescott
72
Page 116, [Clause 166], leave out lines 28 to 36 and insert—
Mr Secretary Prescott
73
Page 116, line 42 [Clause 166], at end insert—
'"suspension order" means a suspension order under section 121A. (2C) Subsection (1) has effect subject to section 121A(5) (disapplication of subsection (1) where suspension order is made.".'.
Mr Secretary Prescott
74
Page 117, line 25 [Clause 167], at end insert—
'(4) Regulations under—
| (a) | section 171C of the Housing Act 1985 (c.68) (modifications of Part 5 in relation to preserved right to buy), or |
| (b) | section 17 of the Housing Act 1996 (c.52) (application of that Part in relation to right to acquire dwelling), |
may make provision corresponding to subsections (1) to (3) of this section so far as those subsections relate to section 138(2A) of the Housing Act 1985 (c.68).'
Mr Secretary Prescott
75
Page 135 [Clause 179], leave out lines 24 to 39 and insert—
| | '"(1A) | The occupier may serve on the owner a request for the owner to approve a person for the purposes of sub-paragraph (1) above. |
| (1B) | If a person ("the recipient") receives such a request and he— |
(a) though not the owner, has an estate or interest in the protected site, and
(b) believes that another person is the owner (and that the other person has not received such a request),
the recipient must take such steps as are reasonable to secure that the other person receives the request within the period of 28 days beginning with the date on which the recipient received it.
| (1C) | Where the owner receives such a request, he must, within the period of 28 days beginning with the date on which he received the request— |
(a) approve the person, unless it is reasonable for him not to do so, and
(b) serve on the occupier notice of his decision whether or not to approve the person.
| (1D) | A notice under sub-paragraph (1C) above must specify— |
(a) if the approval is given subject to conditions, the conditions, and
(b) if the approval is withheld, the reasons for withholding it.
| (1E) | The giving of approval subject to any condition that is not a reasonable condition does not satisfy the requirement in sub-paragraph (1C)(a) above. |
| (1F) | If the owner fails to notify the occupier as required by sub-paragraphs (1C) and (1D) above, the occupier may apply to the court for an order declaring that the person is approved for the purposes of sub-paragraph (1) above; and the court may make such an order if it thinks fit. |
| (1G) | It is for the owner— |
(a) if he served a notice as mentioned in sub-paragraphs (1C) and (1D) and the question arises whether he served the notice within the required period of 28 days, to show that he did;
(b) if he gave his approval subject to any condition and the question arises whether the condition was a reasonable condition, to show that it was;
(c) if he did not give his approval and the question arises whether it was reasonable for him not to do so, to show that it was reasonable.
| (1H) | A request or notice under this paragraph— |
(a) must be in writing, and
(b) may be served by post.";'.
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