House of Commons Public Bill Committee Proceedings

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Session 2007 - 08
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Other Bills before Parliament

Public Bill Committee Proceedings: 24th January 2008
48

Housing and Regeneration Bill, continued

(ii)
complied with the conditions in sub-paragraphs (8)

and (10),


within the period of 2 months beginning with the date of

transfer.

      (4)
The transferee must proceed under paragraph 15(4) as if the

transferee has decided not to demolish the dwelling-house (and

paragraph 15(5) to (7) applies on the same basis).

      (5)
A continuation notice is a notice—

(a)
stating that the transferee—

(i)
has acquired the interest concerned, and

(ii)
intends to demolish the dwelling-house or (as the

case may be) the building containing it (“the

relevant premises”),

(b)
setting out the reasons why the transferee intends to

demolish the relevant premises,

(c)
stating that one of conditions A to C in paragraph 14 is

satisfied in relation to the original notice (specifying the

condition concerned),

(d)
stating that the original notice is to continue in force, and

(e)
explaining the continued effect of the original notice.

      (6)
A continuation notice may not vary the proposed demolition date in

the original notice nor the date when the original notice will cease

to be in force.

      (7)
Sub-paragraph (8) applies if—

(a)
the dwelling-house is contained in a building which

contains one or more other dwelling-houses, and

(b)
the transferee intends to demolish the whole of the

building.

      (8)
The transferee must serve a continuation notice on the occupier of

each of the dwelling-houses contained in the building (whether

addressed to him by name or just as “the occupier”).

      (9)
An accidental omission to serve a continuation notice on one or

more occupiers does not prevent the condition in sub-paragraph (8)

from being satisfied.

    (10)
Paragraph 13(7) and (8) apply in relation to the transferee’s

intention to demolish so as to impose a condition on the transferee

for a notice to appear within the period of 2 months beginning with

the date of transfer.

    (11)
Sub-paragraphs (7) to (10) above apply instead of paragraph 13(6)

to (8) in relation to a final demolition notice so far as continued in

force under this paragraph.”

5
In paragraph 16(1) (notices under paragraphs 13 and 15) for “or 15” substitute

“, 15 or 15A”.

Initial demolition notices

6
Schedule 5A to the Housing Act 1985 (c. 68) (initial demolition notices) is

amended as follows.

Public Bill Committee Proceedings: 24th January 2008
49

Housing and Regeneration Bill, continued

7
In paragraph 2(1) (period of validity of initial demolition notices) for

“paragraph 3” substitute “paragraphs 3 and 3A”.

8
In paragraph 3(1) (revocation of initial demolition notices: application of

paragraph 15(4) to (7) of Schedule 5 to that Act) for “(7)” substitute “(7A)”.

9
After paragraph 3 insert—

“Transfer of initial demolition notices

3A  (1)
This paragraph applies if—

(a)
an initial demolition notice is in force in respect of a

dwelling-house, and

(b)
the landlord transfers his interest as landlord to another

person.

      (2)
The initial demolition notice (“the original notice”) continues in

force but this is subject to—

(a)
paragraphs 2 and 3, and

(b)
the following provisions of this paragraph.

      (3)
Sub-paragraph (4) applies if the transferee—

(a)
intends to demolish the dwelling-house, but

(b)
has not—

(i)
served a continuation notice, and

(ii)
complied with the conditions in sub-paragraphs (8)

and (10),


within the period of 2 months beginning with the date of

transfer.

      (4)
The transferee must proceed under paragraph 15(4) of Schedule 5

as applied by paragraph 3(1) above as if the transferee has decided

not to demolish the dwelling-house (and paragraph 15(5) to (7) of

that Schedule as so applied applies on the same basis).

      (5)
A continuation notice is a notice—

(a)
stating that the transferee—

(i)
has acquired the interest concerned, and

(ii)
intends to demolish the dwelling-house or (as the

case may be) the building containing it (“the

relevant premises”),

(b)
setting out the reasons why the transferee intends to

demolish the relevant premises,

(c)
stating that the original notice is to continue in force, and

(d)
explaining the continued effect of the original notice.

      (6)
A continuation notice may not vary the period specified in the

original notice in accordance with paragraph 1(1)(c).

      (7)
Sub-paragraph (8) applies if—

(a)
the dwelling-house is contained in a building which

contains one or more other dwelling-houses, and

(b)
the transferee intends to demolish the whole of the

building.

Public Bill Committee Proceedings: 24th January 2008
50

Housing and Regeneration Bill, continued

      (8)
The transferee must serve a continuation notice on the occupier of

each of the dwelling-houses contained in the building (whether

addressed to him by name or just as “the occupier”).

      (9)
An accidental omission to serve a continuation notice on one or

more occupiers does not prevent the condition in sub-paragraph (8)

from being satisfied.

    (10)
Paragraph 13(7) of Schedule 5 applies in relation to the transferee’s

intention to demolish so as to impose a condition on the transferee

for a notice to appear within the period of 2 months beginning with

the date of transfer; and paragraph 2(3) above applies for this

purpose.

    (11)
Sub-paragraphs (7) to (10) above apply instead of paragraph 2(2)

and (3) in relation to an initial demolition notice so far as continued

in force under this paragraph.”

10  (1)
Paragraph 4 (restrictions on service of further notices) is amended as follows.

      (2)
In sub-paragraph (2) (further initial demolition notices)—

(a)
after “dwelling-house” insert “, by the landlord who served the

relevant notice or any landlord who served a continuation notice in

respect of the relevant notice,”, and

(b)
in paragraph (a) for “it” substitute “the further notice”.

      (3)
In sub-paragraph (3) (final demolition notices)—

(a)
after “dwelling-house” insert “, by the landlord who served the

relevant notice or any landlord who served a continuation notice in

respect of the relevant notice,”, and

(b)
in paragraph (a) for “it” substitute “the final demolition notice”.

11
In paragraph 5 (notices under Schedule 5A) for “or 15” substitute “, 15 or

15A”.

12
In paragraph 6(1) (interpretation) after “Schedule” insert “(other than

paragraph 3A)”.

Transitional provision

13
This Schedule does not apply to notices served before the coming into force of

the Schedule.’.

Clauses 61 and 62 Agreed to.

Mr Iain Wright

Agreed to  163

Clause  63,  page  29,  line  42,  leave out subsection (7) and insert—

‘( )
The table sets out substitutions which have effect throughout the Part (except

section 51 and Schedule 2); and where necessary in consequence of those

substitutions, for words in the singular substitute appropriate corresponding

words in the plural.

Expression
Substitution

“the Relevant Authority”
“the Welsh Ministers”

“the Authority”
“the Welsh Ministers”

“the Relevant Authority’s”
“the Welsh Ministers’”’.

Public Bill Committee Proceedings: 24th January 2008
51

Housing and Regeneration Bill, continued

Clause, as amended, Agreed to.

Mr Iain Wright

Agreed to  164

Clause  64,  page  30,  line  4,  at end insert—

‘( )
for “Secretary of State makes” substitute “Welsh Ministers make”,’.

Clause, as amended, Agreed to.

Clause 65 Agreed to.

Mr Iain Wright

Agreed to  165

Clause  66,  page  31,  leave out lines 14 to 18 and insert—

‘(2)
The Secretary of State may by order’.

Mr Iain Wright

Agreed to  166

Clause  66,  page  31,  line  21,  leave out subsection (3).

Mr Iain Wright

Agreed to  167

Clause  66,  page  31,  line  23,  leave out subsection (4).

Clause, as amended, Agreed to.

Sir George Young

Withdrawn  134

Clause  67,  page  31,  line  27,  leave out from ‘means—’ to end of line 29 and insert

‘Housing that is in direct receipt of Government Capital Grant Funding.’.

Clause Agreed to.

Public Bill Committee Proceedings: 24th January 2008
52

Housing and Regeneration Bill, continued

Andrew Gwynne

Withdrawn  327

Clause  68,  page  31,  line  39,  leave out paragraph (b) and insert—

‘(b)
the rent is below the market rate to such an extent that it is affordable to

those on low incomes’.

Mr Iain Wright

Agreed to  168

Clause  68,  page  32,  line  1,  leave out ‘for eligibility’.

Andrew Gwynne

Not called  328

Clause  68,  page  32,  line  1,  leave out paragraph (c) and insert—

‘(c)
the accommodation is let in accordance with rules for eligibility designed

to give preference to people in housing need whilst also promoting mixed

and sustainable communities.’.

Mr Iain Wright

Agreed to  169

Clause  68,  page  32,  line  2,  leave out from ‘is’ to end of line 3 and insert ‘made

available to people whose needs are not adequately served by the commercial housing

market.’.

Clause, as amended, Agreed to.

Andrew Gwynne

Not called  329

Clause  69,  page  32,  line  12,  leave out subsection (3) and insert—

‘(3)
Condition 2 is that the accommodation is affordable for those on low incomes and

made available in accordance with rules for eligibility designed to give preference

to people who cannot afford to buy or rent at market rates whilst also promoting

mixed and sustainable communities.’.

Mr Iain Wright

Agreed to  170

Clause  69,  page  32,  line  13,  leave out ‘for eligibility’.

Mr Iain Wright

Agreed to  171

Clause  69,  page  32,  line  13,  leave out from ‘is’ to end of line 14 and insert ‘made

available to people whose needs are not adequately served by the commercial housing

market.’.

Clause, as amended, Agreed to.

Public Bill Committee Proceedings: 24th January 2008
53

Housing and Regeneration Bill, continued

Mr Iain Wright

Agreed to  172

Clause  70,  page  32,  line  42,  leave out ‘shared’ and insert ‘home’.

Clause, as amended, Agreed to.

Clauses 71 to 73 Agreed to.

Mr Iain Wright

Agreed to  173

Clause  74,  page  34,  line  6,  after ‘with’ insert ‘—

(a)
’.

Mr Iain Wright

Agreed to  174

Clause  74,  page  34,  line  6,  at end insert—

‘(b)
section 171D of the Housing Act 1985 (c. 68) (consent to certain

disposals of housing obtained subject to the preserved right to buy), or

(c)
section 81 or 133 of the Housing Act 1988 (c. 50) (consent to certain

disposals of housing obtained from housing action trusts or local

authorities).’.

Mr Iain Wright

Agreed to  175

Clause  74,  page  34,  line  6,  at end insert—

‘( )
Subsection (1) does not apply to a disposal in pursuance of shared ownership

arrangements or equity percentage arrangements.’.

Clause, as amended, Agreed to.

Mr Iain Wright

Agreed to  176

Clause  75,  page  34,  line  13,  leave out ‘, which has ceased to be low cost rental

accommodation or low cost home ownership accommodation,’.

Clause, as amended, Agreed to.

Mr Iain Wright

Agreed to  177

Clause  76,  page  34,  line  32,  at end insert—

‘( )
Exception 1A is accommodation made available only to students in full-time

education or training.’.

Clause, as amended, Agreed to.

Public Bill Committee Proceedings: 24th January 2008
54

Housing and Regeneration Bill, continued

Clause 77 Agreed to.

Alistair Burt

Lyn Brown

Withdrawn  307

Clause  78,  page  35,  line  19,  at end insert—

‘(e)
a local housing authority under sections 1 and 2 of the Housing Act 1985,

and

(f)
a person controlled by a local housing authority.’.

Clause Agreed to.

Alistair Burt

Lyn Brown

Not called  308

Clause  79,  page  35,  line  24,  column  2,  after ‘landlord’, insert ‘or a person

controlled by the landlord’.

Alistair Burt

Lyn Brown

Not called  309

Clause  79,  page  35,  line  25,  column  2,  after ‘landlord’, insert ‘or a person

controlled by the landlord’.

Clause Agreed to.

Clauses 80 to 85 Agreed to.

Sir George Young

Not called  12

Clause  86,  page  37,  line  38,  after ‘well-managed’, insert ‘, inclusive’.

Alistair Burt

Not called  310

Clause  86,  page  38,  line  7,  leave out ‘registered’.

Alistair Burt

Not called  311

Clause  86,  page  38,  line  9,  leave out ‘registered’.

Alistair Burt

Not called  312

Clause  86,  page  38,  line  11,  leave out ‘registered’.