House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 17th January 2008
171

Housing and Regeneration Bill, continued

(a)
in section 1(1A) (excluded tenancies)—

(i)
for “subsection (1)(a) and (b)” substitute “subsection (1)”, and

(ii)
omit “at a low rent”, and

(b)
omit—

(i)
section 1A(2) (certain deemed low rent tenancies),

(ii)
section 1AA (additional right to enfranchisement where tenancy

not low rent tenancy), and

(iii)
section 4A (alternative rent limits for purposes of section

1A(2)).’.

Shared ownership leases: protection for certain limited equity leases

Mr Iain Wright

NC24

To move the following Clause:—

‘In paragraph 3(2)(f) of Schedule 4A to the Leasehold Reform Act 1967 (c. 88)

(exclusion from enfranchisement for certain shared ownership leases granted by

housing associations: condition that lease provides for the tenant to acquire the

landlord’s interest)—

(a)
after “acquire” insert “all of”, and

(b)
after “prescribed” insert “or provides for the tenant to acquire some of the

landlord’s interest on terms specified in the lease and complying with

such requirements as may be prescribed”.’.

Shared ownership leases: protection for hard to replace houses

Mr Iain Wright

NC25

To move the following Clause:—

‘After paragraph 4 of Schedule 4A to the Leasehold Reform Act 1967 (c. 88)

(exclusion from enfranchisement for certain shared ownership leases for the

elderly) insert—

“Certain leases in protected areas

4A  (1)
A lease which does not fall within paragraph 3 is excluded from the

operation of this Part of this Act if—

(a)
the lease meets the conditions mentioned in sub-paragraph (2)

of that paragraph; and

(b)
the house is in a protected area.

      (2)
The appropriate national authority may by order made by statutory

instrument designate an area as a protected area if it considers it

appropriate to do so to support the provision in the area of houses, or

Public Bill Committee: 17th January 2008
172

Housing and Regeneration Bill, continued

descriptions of houses, which are available for occupation in

accordance with shared ownership arrangements.

      (3)
The appropriate national authority must publish the criteria for the

time being in force which are to be taken into account by it in deciding

whether to designate an area as a protected area.

      (4)
Before making an order under sub-paragraph (2) the appropriate

national authority must take such steps as it considers to be reasonable

to consult those likely to be affected by the order.

      (5)
In any proceedings the court may, if it considers that it is just and

equitable to do so, treat a lease as meeting the conditions mentioned in

paragraph 3(2) despite the fact that the condition mentioned in

paragraph 3(2)(g) is not met.

      (6)
An order under this paragraph may contain such incidental,

supplementary, transitory, transitional or saving provisions as the

appropriate national authority considers appropriate.

      (7)
In this paragraph—

“appropriate national authority” means—

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

(b)
in relation to Wales, the Welsh Ministers; and

  “shared ownership arrangements” has the same meaning as in section

69 of the Housing and Regeneration Act 2008.

      (8)
An instrument containing—

(a)
an order of the Secretary of State under this paragraph is

subject to annulment in pursuance of a resolution of either

House of Parliament;

(b)
an order of the Welsh Ministers under this paragraph is

subject to annulment in pursuance of a resolution of the

National Assembly for Wales.”’.

Exclusion of the right to buy: demolition notices

Mr Iain Wright

NC26

To move the following Clause:—

‘Schedule (Demolition notices) (which makes provision about demolition

notices) has effect.’.

Public Bill Committee: 17th January 2008
173

Housing and Regeneration Bill, continued

Former right to buy and other flats: equity share purchases

Mr Iain Wright

NC27

To move the following Clause:—

‘After section 450C of the Housing Act 1985 (c. 68) (loans in respect of service

charges) insert—

“Other financial assistance in respect of service charges

450D
Purchase of equitable interests

(1)
The appropriate national authority may by regulations provide that

where—

(a)
a housing authority is the landlord of a flat under a long lease

granted or assigned by the housing authority or another housing

authority, and

(b)
the tenant is liable under the terms of the lease to pay service

charges in respect of repairs or improvements (whether to the

flat, the building in which it is situated or any other building or

land),


the landlord may, with the agreement of the tenant and in such

circumstances as may be prescribed, purchase an equitable interest in the

flat for the purpose of assisting the tenant to meet some or all of the

service charge payments.

(2)
Regulations under this section shall ensure that the purchase price is to

be met by the landlord reducing or (as the case may be) cancelling the

service charge payable to the landlord by the tenant to such extent as

corresponds to the amount concerned.

(3)
Regulations under this section may, in particular—

(a)
provide that the power to purchase an equitable interest does not

arise in the case of particular descriptions of landlord;

(b)
make provision about calculating the purchase price (including

provision about any discounts and about imposing charges for

the services of district valuers);

(c)
provide for—

(i)
the tenant to be liable for the administrative expenses of

the landlord in connection with the purchase;

(ii)
such expenses not to exceed such amount (if any) as may

be specified in the regulations;

(iii)
the purchase price to include, at the option of the

purchaser, a deduction for such expenses;

(d)
provide for an alteration, as a result of the purchase of the

equitable interest, in the liability of the tenant for future service

charges or improvement contributions.

(4)
Regulations under this section may not contain provision for cases where

the Secretary of State or the Welsh Ministers are the landlord unless the

Welsh Ministers are the landlord—

(a)
as the result of the exercise by them of functions under Part 3 of

the Housing Associations Act 1985; or

(b)
as the result of—

Public Bill Committee: 17th January 2008
174

Housing and Regeneration Bill, continued

(i)
the exercise by the former National Assembly for Wales,

the Secretary of State, Housing for Wales or the Housing

Corporation of functions under Part 3 of the Act of 1985;

and

(ii)
the transfer of the flat to the Welsh Ministers by virtue

of paragraph 39 of Schedule 11 to the Government of

Wales Act 2006.

(5)
For the purposes of this section a long lease granted or assigned by—

(a)
the Welsh Ministers, or

(b)
in a case falling within subsection (4)(b), the former National

Assembly for Wales, the Secretary of State, Housing for Wales

or the Housing Corporation,


shall be taken to have been granted or assigned by a housing authority if

(but only if) the person concerned granted or assigned it in exercise of its

powers under section 90 of the Housing Associations Act 1985.

(6)
This section does not affect any other power of the landlord to purchase

an equitable interest in the flat for the purpose of assisting the tenant to

meet some or all of the service charge payments.

(7)
Regulations under this section may apply whenever the lease concerned

was granted or assigned and whenever the service charge concerned

became payable.

(8)
Regulations under this section—

(a)
are to be made by statutory instrument;

(b)
may make different provision for different cases or descriptions

of case including different provision for different areas;

(c)
may contain such incidental, supplementary and transitional

provisions as the appropriate national authority considers

appropriate.

(9)
An instrument containing regulations made under this section—

(a)
by the Secretary of State is subject to annulment in pursuance of

a resolution of either House of Parliament;

(b)
by the Welsh Ministers is subject to annulment in pursuance of a

resolution of the National Assembly for Wales.

(10)
In this section—

“appropriate national authority” means—

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

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

“former National Assembly for Wales” means the Assembly constituted by

the Government of Wales Act 1998;

“housing authority” includes—

(a)
any registered provider of social housing other than a co-

operative housing association;

(b)
any registered social landlord other than a co-operative housing

association; and

(c)
any co-operative housing association which is not—

(i)
a registered provider of social housing; or

(ii)
a registered social landlord;

Public Bill Committee: 17th January 2008
175

Housing and Regeneration Bill, continued

“improvement contribution” has the same meaning as in Part 5 (see section

187);

“repairs” includes works for making good a structural defect.”’.

Amendments to Housing Act 1985 relating to lending institutions

Mr Iain Wright

NC28

To move the following Clause:—

‘In section 622(1) of the Housing Act 1985 (c. 68) (minor definitions: general)—

(a)
in the definition of “authorised deposit taker”, in paragraph (b), for

“12(1)” substitute “12”, and

(b)
in the definition of “authorised insurer”, in paragraph (b), for “12(1)”

substitute “12”.’.

Abolition of home information packs

Grant Shapps

Robert Neill

Mr Eric Pickles

Alistair Burt

Mrs Jacqui Lait

Mr Paul Goodman

nc5

To move the following Clause:—

‘(1)
Sections 148 to 170 of the Housing Act 2004 (c. 34) are hereby repealed.

(2)
A person who is selling a residential property must supply the purchaser with

information about the energy efficiency of the property.

(3)
The Secretary of State may make regulations prescribing the particular

information which is required or authorised to be included in, or which is to be

excluded from, such energy efficiency information and all other incidental

matters relating thereto.’.

Public Bill Committee: 17th January 2008
176

Housing and Regeneration Bill, continued

Rough Sleepers Steering Group

Grant Shapps

Robert Neill

Mr Eric Pickles

Alistair Burt

Mrs Jacqui Lait

Mr Paul Goodman

nc7

To move the following Clause:—

‘(1)
The Secretary of State shall, within six months of the coming into force of this

Act, establish a body (“the Steering Group”) to review the services provided to

rough sleepers in England and draw up an action plan to provide adequate hostel

and permanent accommodation.

(2)
The membership of the Steering Group shall include an equal number of

members from central government, local government, registered providers of

social housing and other relevant charitable organisations, with an independent

chair.

(3)
The Steering Group shall make recommendations within six months of its

establishment in respect of the matters referred to in subsection (1).’.

Right to buy for tenants of registered providers of social housing

Grant Shapps

Robert Neill

Mr Eric Pickles

Alistair Burt

Mrs Jacqui Lait

Mr Paul Goodman

nc8

To move the following Clause:—

‘(1)
A tenant of a registered provider of social housing has the right to buy the

dwelling of which he is a tenant if—

(a)
he is a tenant under an assured tenancy, other than an assured shorthold

tenancy or a long tenancy, and

(b)
he satisfies any further qualifying conditions applicable under Part V of

the Housing Act 1985.

(2)
The Secretary of State shall, within six months of the commencement of this Act,

introduce regulations in respect of the right to buy for registered providers of

social housing.

(3)
Regulations introduced under subsection (2) shall include provision to ensure that

the proceeds of disposal are allocated to the provision of further social housing.

(4)
Before making such regulations the Secretary of State shall consult with such

bodies as appear to the Secretary of State to be representative of registered

providers of social housing.’.

Public Bill Committee: 17th January 2008
177

Housing and Regeneration Bill, continued

Design of new dwellings

Sir George Young

Lembit Öpik

Andrew George

nc9

To move the following Clause:—

‘The Secretary of State shall amend Part M of Schedule 1 to the Building

Regulations 2000 (access to and use of buildings) to ensure that all new dwellings

of whatever type or tenure meet enhanced minimum standards in relation to—

(a)
the provision of a reasonable means of access into and around the

dwelling and ease of use, without modification, by the widest possible

range of individuals (including disabled persons);

(b)
future ease of adaptation to provide full access into and around the

dwelling and ease of use for wheelchair users; and

(c)
the capacity of the dwelling to meet the changing needs of any occupiers

over their lifetime;

within 6 months of the coming into force of this Act.’.

Disability equality duty

Sir George Young

Lembit Öpik

Andrew George

nc10

To move the following Clause:—

‘(1)
The Disability Discrimination (Public Authorities) (Statutory Duties)

Regulations 2005 (S.I. 2966/2005) are amended as follows.

(2)
In Regulation 2(3)(d)(iii) for “Part I or V of Schedule 1” substitute “Part I, V or

VI of Schedule 1”.

(3)
After Regulation 2(6)(d) insert—

“(e)
in the case of a public authority listed in Part VI of Schedule 1,

1st December 2009”.

(4)
After Part V of Schedule 1 insert the following new Part—

“Part VI

Authorities added by Housing and Regeneration Act 2008


The Homes and Communities Agency


The Regulator of Social Housing.”.’.