Amendments proposed to the Housing Bill, As Amended - continued	House of Commons
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Gypsies and travellers

   

Mr John Battle
Lynne Jones

NC23

To move the following Clause:—

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

    (2)   In section 230 (minor definitions: general) there is inserted—

"accommodation", "housing" and "housing accommodation" all include accommodation to meet the needs of Gypsies and Travellers;

"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.

    (3)   In section 2(2), after "hostels,", there is inserted—

"(d)	caravan sites to be kept available for Gypsies and Travellers.".'.

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Empty homes (management orders)

   

Mr Charles Kennedy
Sir Menzies Campbell
Mr Edward Davey
Matthew Green
Richard Younger-Ross
Mr Andrew Stunell

NC24

To move the following Clause:—

    '(1)   The Secretary of State will by order introduce a scheme for empty homes management orders, subject to an affirmative resolution of each House of Parliament.

    (2)   The Secretary of State shall by regulations prescribe the content of empty homes management orders.'.

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Landlord associations and codes of practice

   

Mr Charles Kennedy
Sir Menzies Campbell
Mr Edward Davey
Matthew Green
Richard Younger-Ross
Mr Andrew Stunell

NC25

To move the following Clause:—

    '(1)   The Secretary of State may ask one or more bodies representing landlords to draw up a code of practice for his consideration under section 193;

    (2)   Before exercising his power under subsection (1), the Secretary of State must determine that any such body is itself fit and proper, and is capable and competent to represent the landlords who are its members;

    (3)   In reaching his determination in subsection (2), the Secretary of State should give particular regard to any training, professional development or accreditation schemes operated by that body for its members.'.

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Accommodation needs of Gypsies and Travellers

   

Ms Karen Buck
Mr John Battle
Mr Paul Stinchcombe
Lynne Jones

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;".'.

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Protected sites for mobile homes

   

Ms Karen Buck
Mr John Battle
Mr Paul Stinchcombe
Lynne Jones

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".'.

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Provision of accommodation for gypsies and travellers

   

Mr John Battle
Lynne Jones

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—

"(8)	In this section—

'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

and

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.'.

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Amendment of Housing Act 1985

   

Mr David Drew

NC33

*To move the following Clause:—

    '(1)   The Housing Act 1985 is amended as follows—

    (2)   In section 92(1), at the end there is inserted—

"or to the tenant of a fully mutual housing association where the conditions in subsection (2B) are satisfied.".

    (3)   After section 92(2A) there is inserted—

    "(2B)   The conditions to be satisfied with respect to an exchange with the tenant of a fully mutual housing association are—

(a)	that the landlord of the non-secure tenant is a fully mutual housing association registered with the Housing Corporation or Housing for Wales; and

(b)	that the non-secure tenant intends to assign his tenancy to the secure tenant referred to in subsection (1) or to another secure tenant who satisfies the condition in subsection (2); and

(c)	that the secure tenant referred to in subsection (1) is or has agreed to become a member of the fully mutual housing association landlord".'.

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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.'.

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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'.

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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.'.

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Mr Secretary Prescott

72

Page     116,     [Clause     166],     leave out lines 28 to 36 and insert—

    '"(2A)   Subsection (2AA) applies if an application is pending before any court—

(a)	for a demotion order or Ground 2 possession order to be made in respect of the tenant, or

(b)	for a suspension order to be made in respect of the tenancy.

    (2AA)   The landlord is not bound to comply with subsection (1) until such time (if any) as the application is determined without—

(a)	a demotion order or an operative Ground 2 possession order being made in respect of the tenant, or

(b)	a suspension order being made in respect of the tenancy,

or the application is withdrawn.

    (2B)   For the purposes of subsections (2A) and (2AA)—'.

Prepared 11 May 2004