Public Bill Committee: 17th January 2008

164

Housing and Regeneration Bill, continued

Report on HCA activities

Grant Shapps

Robert Neill

Mr Eric Pickles

Alistair Burt

Mrs Jacqui Lait

Mr Paul Goodman

NC3

To move the following Clause:—

‘(1)	The Secretary of State must within 12 months of the coming into force of this Act,

and afterwards annually, prepare and lay before both Houses of Parliament a

report on the activities of the HCA.

(2)	A report under this section must, in particular, include or contain information

about—

(a)	the main activities undertaken by the HCA during the period;

(b)	a value for money and efficiency statement in respect of such activities;

(c)	how the HCA is achieving its objects and exercising its powers;

(d)	the management of risk in respect of HCA projects;

(e)	how the HCA is co-ordinating and consulting with the government

departments and other public authorities involved with its work;

(f)	details of HCA income, expenditure and borrowing (under section 26);

and

(g)	any loans made by the Secretary of State under section 24.’.

Obligations

Alistair Burt

Grant Shapps

Robert Neill

Mr Eric Pickles

Mrs Jacqui Lait

Mr Paul Goodman

NC13

To move the following Clause:—

‘Before exercising any of its powers the HCA shall—

(a)	consult with, and have regard to the views of, relevant local authorities;

(b)	have regard to the desirability of preserving gardens and urban green

spaces;

(c)	have regard to the desirability and practicality (in any particular case) of

residential development forming part of any development for

commercial purposes (adequately supported by suitable community,

cultural and leisure facilities);

(d)	undertake site-specific flood risk assessments before acquiring or

disposing of housing or other land and ensure that any new development

undertaken or procured by it is flood resilient and resistant, subject to a

presumption against any development on flood zones adjacent to rivers,

the sea and tidal sources;

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165

Housing and Regeneration Bill, continued

(e)	in this section “green space” means—

(i)	land laid out as a public garden;

(ii)	land used for the purposes of public creation; or

(iii)

an area of open space which benefits wildlife or biodiversity’.

Powers: regard to market conditions

Alistair Burt

Grant Shapps

Robert Neill

Mr Eric Pickles

Mrs Jacqui Lait

Mr Paul Goodman

NC14

To move the following Clause:—

‘In exercising its power to acquire or dispose of housing or other land the HCA

shall have regard to market conditions’.

Duty in relation to electromagnetic fields

Mr Nick Hurd

NC16

To move the following Clause:—

‘In exercising its powers, the HCA must ensure that it does not expose any person

to any risk to their health arising from exposure to electric and magnetic fields

with a frequency of between 30-300 Hertz.’.

Lembit Öpik

Andrew George

103

Clause  260,  page  105,  line  14,  at end insert ‘, and

(c)	under a specific Family Intervention Project or other similar scheme

approved by the HCA.

(3A)	The HCA may by order designate projects or schemes which it shall approve for

the purposes of subsection (3)(c).’.

Mr Iain Wright

115

Clause  260,  page  105,  line  37,  leave out ‘Such regulations’ and insert ‘A notice

under sub-paragraph (5) must contain advice to the new tenant as to how the new tenant

may be able to obtain assistance in relation to the notice.

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166

Housing and Regeneration Bill, continued

( )	The appropriate national authority may by regulations made by statutory

instrument make provision about the type of advice to be provided in such

notices.

( )	Regulations under this paragraph’.

Lembit Öpik

Andrew George

104

Clause  260,  page  106,  line  32,  at end insert ‘, and

(c)	under a specific Family Intervention Project or other similar scheme

approved by the HCA.

(3A)	The HCA may by order designate projects or schemes which it shall approve for

the purposes of subsection (3)(c).’.

Mr Iain Wright

116

Clause  260,  page  107,  line  9,  leave out ‘Such regulations’ and insert ‘A notice

under sub-paragraph (5) must contain advice to the new tenant as to how the new tenant

may be able to obtain assistance in relation to the notice.

( )	The appropriate national authority may by regulations made by statutory

instrument make provision about the type of advice to be provided in such

notices.

( )	Regulations under this paragraph’.

Lembit Öpik

Andrew George

105

Clause  261,  page  108,  line  2,  at end insert—

‘(1A)

In an action for possession of a family intervention tenancy, the court shall have

power to—

(a)	postpone the date for possession; or

(b)	stay or suspend execution of the order

on such terms as it thinks fit.

(1B)	The court shall not have the power referred to in subsection (1A) where the notice

in subsection (1) was served on the basis that the tenant or a member of his

household has been guilty of conduct causing or likely to cause a nuisance or

annoyance to a person residing, visiting or otherwise engaging in a lawful activity

in the locality.’.

Mr Iain Wright

137

Schedule  9,  page  162,  line  40,  at end insert—

‘( )	in subsection (1) for “Secretary of State’s” substitute “appropriate

national body’s”,’.

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Housing and Regeneration Bill, continued

Mr Iain Wright

138

Schedule  9,  page  163,  line  1,  leave out ‘(4A),’ and insert ‘(4A)—

(i)	for “Secretary of State” substitute “appropriate national

body”,

(ii)

’.

Mr Iain Wright

139

Schedule  9,  page  163,  line  3,  leave out ‘by a local authority in England, the

Secretary of State’s’ and insert ‘, the appropriate national body’s’.

Mr Iain Wright

140

Schedule  9,  page  163,  line  6,  at end insert—

‘(iii)

in paragraph (d) for “he” substitute “the appropriate national

body”, and’.

Mr Iain Wright

141

Schedule  9,  page  163,  line  10,  leave out ‘Secretary of State’ and insert ‘appropriate

national body’.

Mr Iain Wright

142

Schedule  9,  page  163,  line  13,  at end insert—

‘“appropriate national body”—

(a)	in relation to England, means the Secretary of State; and

(b)	in relation to Wales, means the Welsh Ministers;’.

Mr Iain Wright

143

Schedule  9,  page  163,  line  38,  leave out ‘Secretary of State’ and insert ‘appropriate

national body’.

Mr Iain Wright

144

Schedule  9,  page  163,  line  49,  leave out ‘Secretary of State’ and insert ‘appropriate

national body’.

Mr Iain Wright

145

Schedule  9,  page  164,  line  18,  leave out ‘Secretary of State’ and insert ‘appropriate

national body’.

Mr Iain Wright

146

Schedule  9,  page  164,  line  22,  leave out ‘Secretary of State’ and insert ‘appropriate

national body’.

Public Bill Committee: 17th January 2008

168

Housing and Regeneration Bill, continued

Mr Iain Wright

147

Schedule  9,  page  164,  line  23,  leave out from ‘which’ to the end of line 25 and

insert ‘—

(i)	in the case of an order made by the Secretary of State, is subject

to annulment in pursuance of a resolution of either House of

Parliament; and

(ii)	in the case of an order made by the Welsh Ministers, is subject to

annulment in pursuance of a resolution of the National Assembly

for Wales;’.

Mr Iain Wright

148

Schedule  9,  page  164,  line  30,  leave out ‘Secretary of State’ and insert ‘appropriate

national body’.

Mr Iain Wright

149

Schedule  9,  page  164,  line  38,  at end insert—

‘( )	in subsection (1) for “Secretary of State” substitute “appropriate

national body”,’.

Mr Iain Wright

150

Schedule  9,  page  164,  line  39,  leave out ‘(4A),’ and insert ‘(4A)—

(i)	for “Secretary of State” substitute “appropriate national

body”,

(ii)

’.

Mr Iain Wright

151

Schedule  9,  page  164,  line  42,  leave out ‘by a local authority in England, the

Secretary of State’s’ and insert ‘, the appropriate national body’s’.

Mr Iain Wright

152

Schedule  9,  page  164,  line  44,  at end insert—

‘(iii)

in paragraph (d) for “he” substitute “the appropriate national

body”, and’.

Mr Iain Wright

153

Schedule  9,  page  164,  line  48,  leave out ‘Secretary of State’ and insert ‘appropriate

national body’.

Mr Iain Wright

154

Schedule  9,  page  165,  line  8,  at end insert—

‘Housing Act 1988 (c. 50)

In section 133(3) of the Housing Act 1988 (consent required for certain

subsequent disposals)—

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169

Housing and Regeneration Bill, continued

(a)	in paragraph (a) for “and (3) to (4A)” substitute “, (3), (4) and (4A)(a)

to (c) and (d)”,

(b)	in paragraph (b) for “and (3) to (4A)” substitute “, (3), (4) and (4A)(a)

to (c) and (d)”, and

(c)	in paragraph (c) for “(4A)” substitute “(4A)(a) to (c) and (d)”.’.

Mr Iain Wright

155

Schedule  9,  page  165,  line  44,  at end insert—

‘(5)	The reference to the Secretary of State in subsection (15) of section 136 of the

Act of 1993, as inserted by sub-paragraph (3) above, is to be read in the same

way as other references to the Secretary of State in that section of that Act.

Housing Act 1996 (c. 52)

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

(2)	In section 51(2)(b) (schemes for investigation of complaints) for “a qualifying

disposal” substitute “—

(i)	a large scale disposal, within the meaning of section

34 of the Housing Act 1985, for which consent was

required under section 32 or 43 of that Act; or

(ii)	a qualifying disposal that was made”.

(3)	In paragraph 5(1)(b) of Part 2 of Schedule 1 (constitution, change of rules,

amalgamation and dissolution: restriction on power of removal in case of

registered charity) for “a qualifying disposal” substitute “—

(i)	a large scale disposal, within the meaning of section

34 of the Housing Act 1985, for which consent was

required under section 32 or 43 of that Act, or

(ii)	a qualifying disposal that was made”.

(4)	In paragraph 28(1)(b) of Part 4 of Schedule 1 (inquiry into affairs of registered

social landlords: availability of powers in relation to registered charities) for “a

qualifying disposal” substitute “—

(i)	a large scale disposal, within the meaning of section

34 of the Housing Act 1985, for which consent was

required under section 32 or 43 of that Act, or

(ii)	a qualifying disposal that was made”.’.

Mr Iain Wright

117

Clause  268,  page  113,  line  21,  leave out ‘and’.

Mr Iain Wright

118

Clause  268,  page  113,  line  22,  at end insert—

‘(c)	at the end of paragraph (a), after “tenancies,”, insert—

“(aa)

any other matter relating to residential tenancies,”, and

(d)	in paragraph (b), at the beginning, insert “any matter relating to”.

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170

Housing and Regeneration Bill, continued

(2)	In the heading of section 94 of that Act (and the italic cross-heading before it) for

“legal advice” substitute “advice etc.”’.

Mr Iain Wright

119

Clause  273,  page  115,  line  25,  leave out ‘Section 62’ and insert ‘In section 62(1)’.

Mr Iain Wright

120

Clause  273,  page  115,  line  27,  leave out from ‘matters)’ to end of line 28.

Mr Iain Wright

121

Clause  273,  page  115,  line  29,  leave out ‘and’.

Mr Iain Wright

122

Clause  273,  page  115,  line  31,  leave out from ‘with’ to end of line 36 and insert ‘—

(a)

any”, and

(c)	after “matters” insert “, or

(b)	any other matter relating to commonhold land and

residential matters”.

( )	In the heading of section 62 of that Act after “advice” insert “etc.”.’.

new clauses relating to part 3

Right to acquire freehold: abolition of low rent test

Mr Iain Wright

NC23

To move the following Clause:—

‘(1)	In section 1(1) of the Leasehold Reform Act 1967 (c. 88) (right to

enfranchisement or extension of long leaseholds)—

(a)	in paragraph (a) omit “at a low rent”,

(b)	before “and” at the end of paragraph (a) insert—

“(aa)

in the case of a right to acquire an extended lease, his

long tenancy is a tenancy at a low rent;”, and

(c)	in paragraph (b) after “he has” insert “—

(i)	in the case of a right to acquire the freehold,

been tenant of the house under a long tenancy

for the last two years; and

(ii)	in the case of a right to acquire an extended

lease,”.

(2)	In that Act—

---

Revised 17 January 2008