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(  47  )

 
 

“Decent homes standard for social housing

 

(1)   

The Secretary of State shall ensure that by 2016 all social housing shall as

 

far as is reasonably practicable achieve a SAP rating of no lower than 65.

 

(2)   

In this section “social housing” means housing let by a registered social

 

landlord or a local housing authority.”

191

Insert the following new Clause—

 

“Improvements in energy efficiency

 

(1)   

For the purposes of—

 

(a)   

improving the energy efficiency of residential accommodation;

 

(b)   

increasing the comfort level of occupants of residential

 

accommodation; and

 

(c)   

alleviating fuel poverty,

 

   

the Secretary of State shall take reasonable steps to ensure an increase in

 

residential energy efficiency of at least 20% by 2010 based upon 2000 levels.

 

(2)   

In this section—

 

   

“fuel poverty” has the same meaning as in the Warm Homes and

 

Energy Conservation Act 2000 (c. 31); and

 

   

“residential energy efficiency” means the energy efficiency of

 

residential accommodation.”

Clause 190

192

Page 144, line 37, leave out “companies that are not” and insert “persons other

 

than”

193

Page 146, line 1, leave out “company” and insert “person”

194

Page 146, line 4, leave out “company” and insert “person”

195

Page 146, line 8, leave out “company” and insert “person”

196

Page 146, line 10, leave out “company” and insert “person”

197

Page 146, leave out lines 18 to 25

198

Page 146, line 28, at end insert—

 

“27B 

Transfer of property funded by grants under section 27A

 

(1)   

Where—

 

(a)   

any grant is paid or payable to any person under section 27A, and

 

(b)   

at any time property to which the grant relates becomes vested in,

 

or is leased for a term of years to, or reverts to, another person who

 

is not a registered social landlord,

 

   

this Part shall have effect, in relation to times falling after that time, as if the

 

grant, or such proportion of it as is determined or specified under

 

subsection (4), had been paid or (as the case may be) were payable to that

 

other person under section 27A.

 

(2)   

Where—

 

(a)   

any amount is paid or payable to any person by way of grant under

 

section 27A, and


 

(  48  )

 
 

(b)   

at any time property to which the grant relates becomes vested in,

 

or is leased for a term of years to, or reverts to, a registered social

 

landlord,

 

   

this Part shall have effect, in relation to times falling after that time, as if the

 

grant, or such proportion of it as is determined or specified under

 

subsection (4), had been paid or (as the case may be) were payable to that

 

other person under section 18.

 

(3)   

In such a case, the relevant section 18 conditions accordingly apply to that

 

grant or proportion of it, in relation to times falling after that time, in place

 

of those specified under section 27A(8).

 

   

“The relevant section 18 conditions” means such conditions specified

 

under section 18(3) as would have applied at the time of the making of the

 

grant if it had been made under section 18 to a registered social landlord.

 

(4)   

The proportion mentioned in subsection (1) or (2) is that which, in the

 

circumstances of the particular case—

 

(a)   

the Relevant Authority, acting in accordance with such principles

 

as it may from time to time determine, may specify as being

 

appropriate, or

 

(b)   

the Relevant Authority may determine to be appropriate.””

After Clause 190

199

Insert the following new Clause—

 

        

“Extension of right to acquire

 

After section 16 of the Housing Act 1996 (c. 52) insert—

 

“16A Extension of section 16 to dwellings funded by grants under section

 

27A

 

(1)   

Section 16 applies in relation to a dwelling (“a funded dwelling”)

 

provided or acquired wholly or in part by means of a grant under

 

section 27A (grants to bodies other than registered social landlords)

 

with the following modifications.

 

(2)   

In section 16(1) the reference to a registered social landlord includes

 

a reference to any person to whom a grant has been paid under

 

section 27A.

 

(3)   

In section 16(2) and (4) any reference to section 18 includes a

 

reference to section 27A.

 

(4)   

For the purposes of section 16 a funded dwelling is to be regarded

 

as having remained within the social rented sector in relation to any


 

(  49  )

 
 

relevant time if, since it was acquired or provided as mentioned in

 

subsection (1) above, it was used—

 

(a)   

by the recipient of the grant mentioned in that subsection, or

 

(b)   

if section 27B applies in relation to the grant, by each person

 

to whom the grant was, or is treated as having been, paid,

 

   

exclusively for the purposes for which the grant was made or any

 

other purposes agreed to by the Relevant Authority.

 

(5)   

In subsection (4) “relevant time” means a time when the dwelling

 

would not be treated as being within the social rented sector by

 

virtue of section 16(3).””

200

Insert the following new Clause—

 

        

“Rights of pre-emption in connection with assured tenancies

 

(1)   

Section 5 of the Housing Act 1988 (security of tenure for assured tenants) is

 

amended as follows.

 

(2)   

After subsection (5) (certain obligations etc. of tenant to be unenforceable)

 

insert—

 

“(5A)   

Nothing in subsection (5) affects any right of pre-emption—

 

(a)   

which is exercisable by the landlord under a tenancy in

 

circumstances where the tenant indicates his intention to

 

dispose of the whole of his interest under the tenancy, and

 

(b)   

in pursuance of which the landlord would be required to

 

pay, in respect of the acquisition of that interest, an amount

 

representing its market value.

 

   

“Dispose” means dispose by assignment or surrender, and

 

“acquisition” has a corresponding meaning.”

 

(3)   

The amendment made by subsection (2) does not apply in relation to any

 

right of pre-emption granted before the day on which this section comes

 

into force.”

201

Insert the following new Clause—

 

“Allocation of housing accommodation by local authorities

 

In section 167(2)(d) of the Housing Act 1996 (c. 52) (people to whom

 

preference is to be given in allocating housing accommodation) after

 

“medical or welfare grounds” insert “(including grounds relating to a

 

disability)”.”

After Clause 191

202

Insert the following new Clause—

 

“Duties of local housing authorities: accommodation needs of gypsies and

 

travellers

 

(1)   

Every local housing authority must, when undertaking a review of housing

 

needs in their district under section 8 of the Housing Act 1985 (c. 68), carry


 

(  50  )

 
 

out an assessment of the accommodation needs of gypsies and travellers

 

residing in or resorting to their district.

 

(2)   

Subsection (3) applies where a local housing authority are required under

 

section 87 of the Local Government Act 2003 (c. 26) to prepare a strategy in

 

respect of the meeting of such accommodation needs.

 

(3)   

The local authority who are that local housing authority must take the

 

strategy into account in exercising their functions.

 

   

“Functions” includes functions exercisable otherwise than as a local

 

housing authority.

 

(4)   

A local housing authority must have regard to any guidance issued under

 

section (Guidance in relation to section (Duties of local housing authorities:

 

accommodation needs of gypsies and travellers)) in—

 

(a)   

carrying out such an assessment as mentioned in subsection (1),

 

and

 

(b)   

preparing any strategy that they are required to prepare as

 

mentioned in subsection (2).

 

(5)   

In this section—

 

(a)   

“gypsies and travellers” has the meaning given by regulations

 

made by the appropriate national authority;

 

(b)   

“accommodation needs” includes needs with respect to the

 

provision of sites on which caravans can be stationed; and

 

(c)   

“caravan” has the same meaning as in Part 1 of the Caravan Sites

 

and Control of Development Act 1960.”

203

Insert the following new Clause—

 

“Guidance in relation to section (Duties of local housing authorities:

 

accommodation needs of gypsies and travellers)

 

(1)   

The appropriate national authority may issue guidance to local housing

 

authorities regarding—

 

(a)   

the carrying out of assessments under section (Duties of local housing

 

authorities: accommodation needs of gypsies and travellers)(1), and

 

(b)   

the preparation of any strategies that local housing authorities are

 

required to prepare as mentioned in section (Duties of local housing

 

authorities: accommodation needs of gypsies and travellers)(2).

 

(2)   

Before giving guidance under this section, or revising guidance already

 

given, the Secretary of State must lay a draft of the proposed guidance or

 

alterations before each House of Parliament.

 

(3)   

The Secretary of State must not give or revise the guidance before the end

 

of the period of 40 days beginning with the day on which the draft is laid


 

(  51  )

 
 

before each House of Parliament (or, if copies are laid before each House of

 

Parliament on different days, the later of those days).

 

(4)   

The Secretary of State must not proceed with the proposed guidance or

 

alterations if, within the period of 40 days mentioned in subsection (3),

 

either House resolves that the guidance or alterations be withdrawn.

 

(5)   

Subsection (4) is without prejudice to the possibility of laying a further

 

draft of the guidance or alterations before each House of Parliament.

 

(6)   

In calculating the period of 40 days mentioned in subsection (3), no account

 

is to be taken of any time during which Parliament is dissolved or

 

prorogued or during which both Houses are adjourned for more than four

 

days.”

Clause 194

204

Page 150, line 25, leave out subsection (5) and insert—

 

“(5)   

In this section “enactment” includes an enactment comprised in

 

subordinate legislation (within the meaning of the Interpretation Act 1978

 

(c. 30)).”

After Clause 194

205

Insert the following new Clause—

 

“Powers and procedure of residential property tribunals

 

(1)   

A residential property tribunal exercising any jurisdiction by virtue of any

 

enactment has, in addition to any specific powers exercisable by it in

 

exercising that jurisdiction, the general power mentioned in subsection (2).

 

(2)   

The tribunal’s general power is a power by order to give such directions as

 

the tribunal considers necessary or desirable for securing the just,

 

expeditious and economical disposal of the proceedings or any issue raised

 

in or in connection with them.

 

(3)   

In deciding whether to give directions under its general power a tribunal

 

must have regard to—

 

(a)   

the matters falling to be determined in the proceedings,

 

(b)   

any other circumstances appearing to the tribunal to be relevant,

 

and

 

(c)   

the provisions of the enactment by virtue of which it is exercising

 

jurisdiction and of any other enactment appearing to it to be

 

relevant.

 

(4)   

A tribunal may give directions under its general power whether or not they

 

were originally sought by a party to the proceedings.

 

(5)   

When exercising jurisdiction under this Act, the directions which may be

 

given by a tribunal under its general power include (where appropriate)—

 

(a)   

directions requiring a licence to be granted under Part 2 or 3 of this

 

Act;

 

(b)   

directions requiring any licence so granted to contain such terms as

 

are specified in the directions;


 

(  52  )

 
 

(c)   

directions requiring any order made under Part 4 of this Act to

 

contain such terms as are so specified;

 

(d)   

directions that any building or part of a building so specified is to

 

be treated as if an HMO declaration had been served in respect of it

 

on such date as is so specified (without there being any right to

 

appeal against it under section 218(9)).

 

(e)   

directions requiring the payment of money by one party to the

 

proceedings to another by way of compensation, damages or

 

otherwise.

 

(6)   

Nothing in any enactment conferring specific powers on a residential

 

property tribunal is to be regarded as affecting the operation of the

 

preceding provisions of this section.

 

(7)   

Schedule 10 (residential property tribunals: procedure) has effect.

 

(8)   

Section 194(5) applies also for the purposes of this section and Schedule

 

10.”

Clause 196

206

Page 151, line 14, leave out “interim and final management orders made by them

 

under” and insert “management orders made by them under Chapter 1 or 2 of”

Clause 197

207

Page 151, line 35, at end insert “or of excepted accommodation”

208

Page 152, line 1, at end insert “or (as the case may be) excepted accommodation of

 

the kind in question”

209

Page 152, line 2, after “houses” insert “or accommodation”

210

Page 152, line 18, at end insert—

 

“( )   

In this section “excepted accommodation” means such description of living

 

accommodation falling within any provision of Schedule 11 (buildings

 

which are not HMOs for purposes of provisions other than Part 1) as is

 

specified in an order under subsection (1).”

Clause 198

211

Page 152, line 25, after “particular” insert—

 

“(a)   

impose duties on the person managing a house in respect of the

 

repair, maintenance, cleanliness and good order of the house and

 

facilities and equipment in it;

 

(b)”   

Clause 199

212

Page 152, leave out lines 36 and 37 and insert “A person authorised in writing by a

 

local housing authority may exercise the power conferred by subsection (2) in

 

relation to documents reasonably required by the authority—”

213

Page 152, line 42, leave out “local housing authority” and insert “person so

 

authorised”


 
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