House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
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Other Bills before Parliament

25

House of Commons

Tuesday 22nd January 2008

Public Bill Committee Proceedings

Housing and Regeneration Bill

[eleventh and twelfth Sittings]

Lembit Öpik

Andrew George

Withdrawn  103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

Agreed to  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

Not called  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

Agreed to  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.

Public Bill Committee Proceedings: 22nd January 2008
26

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’.

Clause, as amended, Agreed to.

Lembit Öpik

Andrew George

Withdrawn  105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.’.

Clause Agreed to.

Clauses 262 to 267 Agreed to.

Mr Iain Wright

Agreed to  137

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

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

national body’s”,’.

Mr Iain Wright

Agreed to  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

Agreed to  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

Agreed to  140

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

Public Bill Committee Proceedings: 22nd January 2008
27

Housing and Regeneration Bill, continued

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

body”, and’.

Mr Iain Wright

Agreed to  141

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

national body’.

Mr Iain Wright

Agreed to  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

Agreed to  143

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

national body’.

Mr Iain Wright

Agreed to  144

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

national body’.

Mr Iain Wright

Agreed to  145

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

national body’.

Mr Iain Wright

Agreed to  146

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

national body’.

Mr Iain Wright

Agreed to  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

Agreed to  148

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

national body’.

Public Bill Committee Proceedings: 22nd January 2008
28

Housing and Regeneration Bill, continued

Mr Iain Wright

Agreed to  149

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

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

national body”,’.

Mr Iain Wright

Agreed to  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

Agreed to  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

Agreed to  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

Agreed to  153

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

national body’.

Mr Iain Wright

Agreed to  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)—

(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

Agreed to  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.

Public Bill Committee Proceedings: 22nd January 2008
29

Housing and Regeneration Bill, continued

      (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”.’.

Schedule, as amended, Agreed to.

Mr Iain Wright

Agreed to  117

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

Mr Iain Wright

Agreed to  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.”’.

Clause, as amended, Agreed to.

Clauses 269 to 272 Agreed to.

Mr Iain Wright

Agreed to  119

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

Public Bill Committee Proceedings: 22nd January 2008
30

Housing and Regeneration Bill, continued

Mr Iain Wright

Agreed to  120

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

Mr Iain Wright

Agreed to  121

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

Mr Iain Wright

Agreed to  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.”.’.

Clause, as amended, Agreed to.

new clauses relating to part 3

Right to acquire freehold: abolition of low rent test

Mr Iain Wright

Added  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—

(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

Public Bill Committee Proceedings: 22nd January 2008
31

Housing and Regeneration Bill, continued

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

1A(2)).’.

Shared ownership leases: protection for certain limited equity leases

Mr Iain Wright

Added  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

Added  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

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.