House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 15th January 2008
112

Housing and Regeneration Bill, continued

‘social housing’.

Alistair Burt

Grant Shapps

Robert Neill

Mr Eric Pickles

Mrs Jacqui Lait

Mr Paul Goodman

72

Clause  35,  page  15,  line  28,  at end insert ‘or that a relevant provider of low cost

rental accommodation is the manager and another person is the landlord of the

accommodation’.

Mr Nick Raynsford

Andrew George

Lembit Öpik

57

Clause  35,  page  15,  line  30,  leave out ‘low cost rental accommodation’ and insert

‘social housing’.

Alistair Burt

Grant Shapps

Robert Neill

Mr Eric Pickles

Mrs Jacqui Lait

Mr Paul Goodman

73

Clause  35,  page  15,  line  31,  after ‘ensuring’, insert ‘either’.

Mr Nick Raynsford

Andrew George

Lembit Öpik

58

Clause  35,  page  15,  line  32,  leave out ‘low cost rental accommodation’ and insert

‘social housing’.

Alistair Burt

Grant Shapps

Robert Neill

Mr Eric Pickles

Mrs Jacqui Lait

Mr Paul Goodman

74

Clause  35,  page  15,  line  33,  at end insert ‘or that the relevant provider of low cost

rental accommodation is the manager and another person is the landlord of the

accommodation’.

Mr Iain Wright

110


Clause  35,  page  15,  line  33,  at end insert—

‘( )
For the purposes of this section, a person provides low cost rental accommodation

if (and only if) the person acquires, constructs or converts any housing or other

land for use as low cost rental accommodation or ensures such acquisition,

construction or conversion by another.’.

Public Bill Committee: 15th January 2008
113

Housing and Regeneration Bill, continued

Mr Nick Raynsford

Andrew George

Lembit Öpik

59

Clause  35,  page  15,  leave out line 38 and insert ‘“social housing” has the meaning

given by section 67.’.

Mr Iain Wright

111


Clause  35,  page  15,  line  40,  leave out from ‘authority’ to end of line 41 and insert

‘a county council in England or a person controlled by an English local housing authority

or county council in England (and regulations under subsections (5) and (6) of section 110

apply for the purposes of this definition as they apply for the purposes of subsection (4)

of that section)’.

Grant Shapps

Robert Neill

Mr Eric Pickles

Alistair Burt

Mrs Jacqui Lait

Mr Paul Goodman

5

Clause  35,  page  15,  line  41,  at end add—

‘(10)
In exercising its powers under sections 31 to 47 the HCA shall have regard to the

powers of the Mayor under sections 333A to 333D of the Greater London

Authority Act 1999 (c. 29).’.

Mr Iain Wright

112


Clause  36,  page  16,  line  25,  after ‘project)’ insert ‘; and, for the purposes of this

Part, a person provides social housing if (and only if) the person acquires, constructs,

converts, improves or repairs any housing or other land for use as social housing or

ensures such acquisition, construction, conversion, improvement or repair by another’.

Grant Shapps

Robert Neill

Mr Eric Pickles

Alistair Burt

Mrs Jacqui Lait

Mr Paul Goodman

6

Clause  38,  page  17,  line  25,  leave out ‘as it considers appropriate’ and insert

‘before making such a determination’.

Public Bill Committee: 15th January 2008
114

Housing and Regeneration Bill, continued

Andrew George

Lembit Öpik

36

Clause  54,  page  23,  line  17,  at end insert—

‘(3A)
The Secretary of State shall make provision for the continuation of the functions

of the Commission for the New Towns in respect of workshops and industrial

building, through the transfer of those functions to another authority.’.

Mr Iain Wright

113


Clause  60,  page  27,  line  24,  leave out

              ‘Social Housing
Section 36(8)’

and insert

‘Social Housing (audits provision)
Section 36(8)’.

New clauses relating to part 1

Definition of “Community land trust”

Grant Shapps

Robert Neill

Mr Eric Pickles

Alistair Burt

Mrs Jacqui Lait

Mr Paul Goodman

Mr Andrew Love

Mr Andy Slaughter

Margaret Moran

nc1

To move the following Clause:—

‘“Community land trust” means a non-profit organisation which is an industrial

and provident society, a company limited by guarantee or other incorporated

body whose governing instrument contains provisions to the following effect—

(a)
the primary purpose of the organisation is to hold land and other assets in

order to promote the social, economic and environmental sustainability

of a specified local geographic community by providing or facilitating

the provision of affordable or other sub-market housing or other

community-based facilities and services,

(b)
the organisation will not dispose of its land and other assets save in the

furtherance of its objectives as set out in paragraph (a),

(c)
the membership of the organisation is open to organisations which are

located in or persons whose principal place of residence, work or

business is located in the specified community the organisation is

Public Bill Committee: 15th January 2008
115

Housing and Regeneration Bill, continued

established to serve (although the organisation may have different classes

of membership),

(d)
over 50 per cent. of the governing body is elected by the members of the

organisation,

(e)
the organisation is accountable to the local community through annual

reporting or otherwise, and is responsive to the local community’s needs

and to representations made on its behalf, and

(f)
it is an organisation established to help enable the community and those

who live or work there to benefit from the land or other assets it holds.’.

Restrictions on powers

Grant Shapps

Robert Neill

Mr Eric Pickles

Alistair Burt

Mrs Jacqui Lait

Mr Paul Goodman

nc2

To move the following Clause:—

‘(1)
Nothing in Part 1 shall allow the HCA to develop or facilitate the development of

green belt land.

(2)
The HCA shall not provide or facilitate the development of housing before

infrastructure has been provided or facilitated under section 7.

(3)
Before exercising its powers under sections 5 to 7 the HCA shall consult with the

local authorities in the areas where such powers are to be exercised.

(4)
In this section “green belt land” shall be construed in accordance with section

87(1)(e) of the Town and Country Planning Act 1990.’.

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;

Public Bill Committee: 15th January 2008
116

Housing and Regeneration Bill, continued

(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;

(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’.

Public Bill Committee: 15th January 2008
117

Housing and Regeneration Bill, continued

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.

      ( )
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

Public Bill Committee: 15th January 2008
118

Housing and Regeneration Bill, continued

(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

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”.

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

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