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Public Bill Committee Proceedings: 22nd January 2008      

32

 

Housing and Regeneration Bill, continued

 
 

      (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

 

Added  NC26

 

To move the following Clause:—

 

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

 

notices) has effect.’.

 


 

Former right to buy and other flats: equity share purchases

 

Mr Iain Wright

 

Added  NC27

 

To move the following Clause:—

 

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

 

charges) insert—


 
 

Public Bill Committee Proceedings: 22nd January 2008      

33

 

Housing and Regeneration Bill, continued

 
 

“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—

 

(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—


 
 

Public Bill Committee Proceedings: 22nd January 2008      

34

 

Housing and Regeneration Bill, continued

 
 

(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;

 

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

 

187);

 

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

 



 
 

Public Bill Committee Proceedings: 22nd January 2008      

35

 

Housing and Regeneration Bill, continued

 
 

Amendments to Housing Act 1985 relating to lending institutions

 

Mr Iain Wright

 

Added  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

 

Second reading negatived on division  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.’.

 


 

Rough Sleepers Steering Group

 

Grant Shapps

 

Robert Neill

 

Mr Eric Pickles

 

Alistair Burt

 

Mrs Jacqui Lait

 

Mr Paul Goodman

 

Not called  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.


 
 

Public Bill Committee Proceedings: 22nd January 2008      

36

 

Housing and Regeneration Bill, continued

 
 

(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

 

Withdrawn  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.’.

 


 

Design of new dwellings

 

Sir George Young

 

Lembit Öpik

 

Andrew George

 

Withdrawn  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);


 
 

Public Bill Committee Proceedings: 22nd January 2008      

37

 

Housing and Regeneration Bill, continued

 
 

(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

 

Withdrawn  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.”.’.

 


 

Choice-based disability housing register

 

Sir George Young

 

Lembit Öpik

 

Andrew George

 

Withdrawn  NC11

 

To move the following Clause:—

 

‘(1)    

The Housing Act 1996 is amended as follows.

 

(2)    

After section 167(2E) insert—

 

“(2F)    

Subject to subsection (2), the scheme shall contain provision for the

 

creation of a disability housing register consisting of—

 

(a)    

a record of existing or planned accessible residential properties

 

in the local authority area, whether purpose built or adapted, with

 

details of the access features relating to each property and


 
 

Public Bill Committee Proceedings: 22nd January 2008      

38

 

Housing and Regeneration Bill, continued

 
 

location details and other residential properties which would

 

otherwise meet the particular requirements of disabled persons;

 

(b)    

a record of disabled persons who require such properties;

 

(c)    

a service of enabling and supporting disabled persons to bid for

 

properties so recorded and

 

(d)    

a mechanism for ensuring such persons are accorded priority

 

status for such properties within the allocations process.

 

(2G)    

For the purposes of this section—

 

“accessible residential properties” means dwellings, flats and houses in

 

multiple occupation in England and Wales which provide a reasonable

 

means of access in and around the property and ease of use for disabled

 

persons or which may easily be adapted to provide such access and ease

 

of use;

 

“residential properties which would otherwise meet the particular

 

requirements of disabled persons” means properties which would be

 

suitable, either in terms of their size, particular features or location, for

 

disabled persons who have disability-related requirements other than or

 

in addition to access requirements.

 

(2H)    

This section is without prejudice to the right of disabled persons to bid

 

for properties other than those mentioned in subsections 2F and 2G

 

above.

 

(2I)    

In performing their duties under this section, each local housing authority

 

shall have regard to any guidance given from time to time by the

 

appropriate authority.’.

 


 

Possession action for rent arrears involving housing benefit

 

Sir George Young

 

Withdrawn  NC12

 

To move the following Clause:—

 

‘Section 7 (orders for possession) of the Housing Act 1988 (c. 50) is amended as

 

follows.

 

(1)    

In subsection (3), for “subsections (5A) and (6)” substitute “subsections (5A), (6)

 

and (6A)”.

 

(2)    

In subsection (4), for “subsections (5A) and (6)” substitute “subsections (5A), (6)

 

and (6A)”.

 

(3)    

After subsection (6), insert—

 

“(6A)    

If the court is satisfied—

 

(a)    

that Ground 8 in Part 1 of Schedule 2 to this Act is established;

 

and

 

(b)    

that some rent is in arrears as a consequence of a delay or failure

 

in the payment of relevant housing benefit, it shall not make an

 

order for possession unless it considers it reasonable to do so.

 

(4)    

At end insert—

 

“(8)    

In subsection (6A) above—


 
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