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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.";'.
Mr Secretary Prescott
76
Page 135 [Clause 179], leave out from the beginning of line 46 to the end of line 2 on page 136 and insert—
| | '"(2) | Sub-paragraphs (1A) to (1H) of paragraph 8 above shall apply in relation to the approval of a person for the purposes of sub-paragraph (1) above as they apply in relation to the approval of a person for the purposes of sub-paragraph (1) of that paragraph."'. |
Mr Secretary Prescott
77
Page 137, line 13, leave out Clause 181.
Mr Secretary Prescott
78
Page 138, line 16, leave out Clause 183.
Mr Secretary Prescott
18
Page 140, line 9 [Clause 186], at end insert—
'(4A) As regards grants made by the Housing Corporation, an order under subsection (3) may also require the imposition of conditions in connection with such grants, and for this purpose may—
| (a) | prescribe conditions that are to be so imposed; |
| (b) | prescribe matters about which conditions are to be so imposed and any particular effects that such conditions are to achieve.'. |
Mr Secretary Prescott
19
Page 140, line 18 [Clause 186], at end insert—
'(5A) If, by virtue of subsection (4A), an order under subsection (3) requires conditions to be imposed by the Housing Corporation in connection with a grant to a company under this section, the Corporation in making the grant—
| (a) | must provide that the grant is conditional on compliance by the company with such conditions as are required by the order; and |
| (b) | if it exercises its power to impose conditions under subsection (6), must not impose any that are inconsistent with the requirements of the order.'. |
John Hayes
Robert Syms [R]
Hugo Swire
130
Page 140, line 18, [Clause 186], at end insert—
'(e) any conditions necessary to ensure equivalence of regulation between recipients of grant under this section and registered social landlords.
(f) any conditions necessary to ensure equivalence of standards between recipients of grant under this section and registered social landlords.'.
NEW CLAUSES AND AMENDMENTS RELATING TO OVERCROWDING
Overcrowding
Mr Secretary Prescott
NC5
To move the following Clause:—
'(1) The appropriate national authority may by order make such provision as it considers appropriate for and in connection with—
| (a) | determining whether a dwelling is overcrowded for the purposes of Part 10 of the Housing Act 1985 (c.68) (overcrowding); |
| (b) | introducing for the purposes of sections 123 to 128 of this Act a concept of overcrowding similar to that applying for the purposes of Part 10 (and accordingly removing the discretion of local housing authorities to decide particular issues arising under those sections); |
| (c) | securing that overcrowding in premises to which sections 123 to 128 of this Act would otherwise apply, or any description of such premises, is regulated only by provisions of Part 10. |
(2) An order under this section may, in particular, make provision for regulating the making by local housing authorities of determinations as to whether premises are overcrowded, including provision prescribing—
| (a) | factors that must be taken into account by such authorities when making such determinations; |
| (b) | the procedure that is to be followed by them in connection with making such determinations. |
(3) An order under this section may modify any enactment (including this Act).
(4) In this section—
| (a) | any reference to Part 10 of the Housing Act 1985 (c.68) includes a reference to Part 10 as modified by an order under this section; and |
| (b) | "enactment" includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c.30)).'. |
Definitions: Housing Act 1985
Ms Karen Buck [R]
Mr Edward Davey
Matthew Green
Richard Younger-Ross
NC4
To move the following Clause:—
'(1) For section 324 of the Housing Act 1985 (in this Act referred to as "the 1985 Act") there is substituted—
"324.Definition of overcrowding A dwelling is overcrowded for the purposes of this Part when the number of persons sleeping in the dwelling is such as to contravene—
| (a) | the standard specified in section 325 ("the bedroom standard"), or |
| (b) | the standard specified in section 326 ("the space standard"). |
(2) For section 325 1985 Act there is substituted—
"325.The bedroom standard (1) the bedroom standard is contravened when the number of bedrooms available to the occupiers of a dwelling is less than the number of bedrooms allocated to them in aggregate in accordance with the formula set out below in subsection 4.
(2) no account shall be taken for the purposes of the bedroom standard of a room having a floor area of less than 50 square feet.
(3) a room is available as a bedroom if it is of a type normally used in the locality as a bedroom.
(4) for the purposes of the bedroom standard a separate bedroom shall be allocated to the following persons—
| (i) | a person living together with another as husband and wife (whether that other person is of the same sex or the opposite sex); |
| (ii) | a person aged 21 years or more; |
| (iii) | two persons of the same sex aged 10 years to 20 years; |
| (iv) | two persons (whether of the same sex or not) aged less than 10 years; |
| (v) | two persons of the same sex where one person is aged between 10 years and 20 years and the other is aged less than 10 years; |
| (vi) | any person aged under 21 years in any case where he or she cannot be paired with another occupier of the dwelling so as to fall within (iii), (iv) or (v) above. |
(3) For section 326 of the 1985 Act there is substituted—
"326.The space standard (1) The space standard is contravened when the number of persons sleeping in a dwelling is in excess of the permitted number, having regard to the floor area of the rooms of the dwelling available as bedrooms.
(2) For this purpose—
| (a) | a child under the age of five shall be reckoned as half a unit and a person aged five or over shall be reckoned as one unit, and |
| (b) | a room is available as a bedroom if it is of a type normally used in the locality as a bedroom. |
(3) The permitted number of persons in relation to a dwelling is the aggregate for all such rooms in the dwelling of the numbers specified in column 2 of the Table set out below in relation to each room of the floor area specified in column 1.
No account shall be taken for the purposes of the space standard of a room having a floor area of less than 50 square feet.
| Floor area of room | Number of persons |
| 110 sq. ft. or more | 2 |
| 90 sq. ft. or more but less than 110 sq. ft. | 1.5 |
| 70 sq. ft. or more but less than 90 sq. ft. | 1 |
| 50 sq. ft. or more but less than 70 sq. ft. | 0.5 |
(4) The Secretary of State may by regulations prescribe the manner in which the floor area of a room is to be ascertained for the purposes of this section; and the regulations may provide for the exclusion from computation, or the bringing into computation at a reduced figure, of floor space in a part of the room which is of less than a specified height not exceeding eight feet.
(5) Regulations under subsection (4) shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6) A certificate of the local housing authority stating the number of floor areas of the rooms in a dwelling, and that the floor areas have been ascertained in the prescribed manner, is prima facie evidence for the purposes of legal proceedings of the facts stated in it.".'.
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