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Consideration of Bill: 31st March 2008                  

1648

 

Housing and Regeneration Bill, continued

 
 

Duty to monitor and promote re-use of brownfield land

 

Mr Stewart Jackson

 

Grant Shapps

 

Mr Nick Hurd

 

Simon Hughes

 

NC33

 

To move the following Clause:—

 

‘(1)    

The HCA must identify, collate and publish up-to-date information on the

 

availability, including type and location, of brownfield land in England at district,

 

regional and national level.

 

(2)    

The HCA must keep this data under review and publish its findings annually.

 

(3)    

The HCA must promote the re-use and reclamation of brownfield land by acting

 

as the Government’s statutory adviser on brownfield land, by providing advice

 

and grants and by commissioning, undertaking or supporting research and other

 

projects to further best practice.

 

(4)    

In this section “brownfield land” means land which has previously been

 

developed.’.

 


 

Lifetime homes standard

 

Mr Stewart Jackson

 

Grant Shapps

 

Mr Nick Hurd

 

Simon Hughes

 

NC34

 

To move the following Clause:—

 

‘The Secretary of State must, within six months of the passing of this Act, report

 

to Parliament on the implementation of lifetime homes standard for all new

 

housing with a view to bringing forward regulations as to implementation.’.

 


 

Energy efficiency information

 

Mr Stewart Jackson

 

Grant Shapps

 

Mr Nick Hurd

 

Simon Hughes

 

NC35

 

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Sections 148 to 170 of the Housing Act 2004 (c. 34) are hereby repealed.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


 
 

Consideration of Bill: 31st March 2008                  

1649

 

Housing and Regeneration Bill, continued

 
 

excluded from, such energy efficiency information and all other incidental

 

matters relating thereto.’.

 


 

Report on HCA’s activities

 

Mr Stewart Jackson

 

Grant Shapps

 

Mr Nick Hurd

 

Simon Hughes

 

NC36

 

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;

 

(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 coordinating 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.’.

 


 

Basic principle

 

Lembit Öpik

 

Andrew George

 

Simon Hughes

 

NC37

 

To move the following Clause:—

 

‘(1)    

In this part “affordable housing” means:

 

(a)    

social rented housing (defined by section 70), and

 

(b)    

low cost home ownership (defined by section 71).

 

(2)    

Accommodation which becomes “affordable housing” by satisfying subsection

 

(1)(a) or (b) remains “affordable housing” for the purposes of this Part unless and

 

until an event specified in sections 74 to 77 occurs.


 
 

Consideration of Bill: 31st March 2008                  

1650

 

Housing and Regeneration Bill, continued

 
 

(3)    

Section 78 makes transitional provision as a result of which certain

 

accommodation is to be treated as “affordable housing” whether or not it satisfies

 

subsection (1)(a) or (b).’.

 


 

Social rented housing

 

Lembit Öpik

 

Andrew George

 

Simon Hughes

 

NC38

 

To move the following Clause:—

 

‘(1)    

Accommodation is social rented housing if—

 

(a)    

it is made available for rent

 

(i)    

under a secure or introductory or demoted tenancy (within the

 

meaning of the Housing Acts 1985 and 1996), or

 

(ii)    

under an assured tenancy (within the meaning of the Housing

 

Act 1988) granted by a registered provider of affordable

 

housing; and

 

(iii)    

in accordance with the principles of allocation of

 

accommodation under Part 6 of the Housing Act 1996 or with

 

principles of letting by providers of affordable housing; and

 

(b)    

the rent is set at a level which is subject to regulation under a national rent

 

regime governing lettings of social housing stock and which does not

 

exceed the eligible rent for purposes of entitlement to housing benefit.

 

(2)    

In this section, “assured tenancy” includes an assured shorthold tenancy only if

 

such tenancy is made available on a probationary basis by way of an allocation

 

under Part 6 of the Housing Act 1996.’.

 


 

Statutory overcrowding: definition of overcrowding

 

Emily Thornberry

 

Sarah Teather

 

Ms Dawn Butler

 

Ms Karen Buck

 

Ms Sally Keeble

 

NC39

 

To move the following Clause:—

 

‘(1)    

For section 324 of the Housing Act 1985 there is substituted—

 

“324  

Definition of overcrowding

 

(1)    

A dwelling is overcrowded for the purposes of this Part when the number

 

of persons sleeping in the dwelling is such as to contravene—

 

(a)    

the standard specified in section 325 (‘the bedroom standard’), or

 

(b)    

the standard specified in section 326 (‘the space standard’).


 
 

Consideration of Bill: 31st March 2008                  

1651

 

Housing and Regeneration Bill, continued

 
 

(2)    

The Secretary of State shall, not later than five years from the date of

 

commencement of this Act and not later than every five years thereafter,

 

carry out a review of the standards specified in sections 325 and 326 and

 

shall, following every such review, publish a report on their operation.”.’.

 


 

Statutory overcrowding: bedroom standard

 

Emily Thornberry

 

Sarah Teather

 

Ms Dawn Butler

 

Ms Karen Buck

 

Ms Sally Keeble

 

NC40

 

To move the following Clause:—

 

‘(1)    

For section 325 of the Housing Act 1985 there is substituted—

 

“325  

The bedroom standard

 

(1)    

The bedroom standard is contravened when the number of bedrooms

 

available to the occupiers of a dwelling is less than the number of

 

bedrooms allocated to them in aggregate in accordance with the formula

 

set out below in subsection (4).

 

(2)    

No account shall be taken for the purposes of the bedroom standard of a

 

room having a floor area of less than 50 square feet.

 

(3)    

A room is available as a bedroom if it is of a type normally used in the

 

locality as a bedroom.

 

(4)    

For the purposes of the bedroom standard a separate bedroom shall be

 

allocated to the following persons—

 

(a)    

a person living together with another as husband and wife

 

(whether that other person is of the same sex or the opposite sex),

 

(b)    

a person aged 21 years or more,

 

(c)    

two persons of the same sex aged 10 years to 20 years,

 

(d)    

two persons (whether of the same sex or not) aged less than 10

 

years,

 

(e)    

two persons of the same sex where one person is aged between

 

10 years and 20 years and the other is aged less than 10 years,

 

(f)    

any person aged under 21 years in any case where he or she

 

cannot be paired with another occupier of the dwelling so as to

 

fall within (c), (d) or (e) above.’.

 



 
 

Consideration of Bill: 31st March 2008                  

1652

 

Housing and Regeneration Bill, continued

 
 

Statutory overcrowding: space standard

 

Emily Thornberry

 

Sarah Teather

 

Ms Dawn Butler

 

Ms Karen Buck

 

Ms Sally Keeble

 

NC41

 

To move the following Clause:—

 

‘(1)    

For section 326 of the 1985 Act there is substituted—

 

“326  

The space standard

 

(1)    

The space standard is contravened when the number of persons sleeping

 

in a dwelling is in excess of the permitted number, having regard to the

 

floor area of the rooms of the dwelling available as bedrooms.

 

(2)    

For this purpose—

 

(a)    

a child under the age of five shall be reckoned as half a unit and

 

a person aged five or over shall be reckoned as one unit, and

 

(b)    

a room is available as a bedroom if it is of a type normally used

 

in the locality as a bedroom.

 

(3)    

The permitted number of persons in relation to a dwelling is the

 

aggregate for all such rooms in the dwelling of the numbers specified in

 

column 2 of the Table set out below in relation to each room of the floor

 

area specified in column 1.

 


 

No account shall be taken for the purposes of the space standard of a

 

room having a floor area of less than 50 square feet.

 

Floor area of room

Number of persons

 
 

110 sq. ft. or more

2

 
 

90 sq. ft. or more but less than 110 sq. ft.

1.5

 
 

70 sq. ft. or more but less than 90 sq. ft.

1

 
 

50 sq. ft. or more but less than 70 sq. ft.

0.5

 
 

(4)    

The Secretary of State may by regulations prescribe the manner in which

 

the floor area of a room is to be ascertained for the purposes of this

 

section; and the regulations may provide for the exclusion from

 

computation, or the bringing into computation at a reduced figure, of

 

floor space in a part of the room which is of less than a specified height

 

not exceeding eight feet.

 

(5)    

Regulations under subsection (4) shall be made by statutory instrument,

 

which shall be subject to annulment in pursuance of a resolution of either

 

House of Parliament.

 

(6)    

A certificate of the local housing authority stating the number and floor

 

areas of the room in a dwelling, and that the floor areas have been


 
 

Consideration of Bill: 31st March 2008                  

1653

 

Housing and Regeneration Bill, continued

 
 

ascertained in the prescribed manner, is prima facie evidence for the

 

purposes of legal proceedings of the facts stated in it.”.’.

 


 

Local authorities and registered social landlords

 

Lembit Öpik

 

Andrew George

 

Simon Hughes

 

NC42

 

To move the following Clause:—

 

‘The Regulator will have regard to social housing providers acting in general

 

conformity with those parts of the following documents that relate to the

 

provision of social housing within a locality—

 

(a)    

the local authority’s community strategy prepared under section 4 of the

 

Local Government Act 2000 (c. 22) (strategies for promoting well-

 

being),

 

(b)    

the local authority’s local area agreement prepared under Part 5 of this

 

Act,

 

(c)    

any housing strategy which the local housing authority is required to have

 

under section 87 of the Local Government Act 2003 (c. 26) (housing

 

strategies and statements).’.

 


 

Local authority requests for notices to be given

 

Lembit Öpik

 

Andrew George

 

Simon Hughes

 

NC43

 

To move the following Clause:—

 

‘(1)    

Subsection (2) applies where a local authority has recommended that an

 

enforcement notice should be given by the regulator to a relevant registered

 

provider because it is satisfied that—

 

(a)    

Case 1, 2 or 3 (as mentioned in section 205) applies; or

 

(b)    

having regard to the relevant matters, the registered social landlord has

 

failed or is failing to exercise its functions adequately.

 

(2)    

Where this subsection applies, the regulator shall give consideration to the local

 

authority’s recommendation and may—

 

(a)    

give an enforcement notice to the registered provider if he is satisfied that

 

doing so is appropriate, or

 

(b)    

take such other action, in consultation with the local authority, in respect

 

of the allegation in question as he considers are appropriate.

 

(3)    

In this section—

 

(a)    

the interests of some or all of the tenants of the registered social landlord

 

in question, or


 
 

Consideration of Bill: 31st March 2008                  

1654

 

Housing and Regeneration Bill, continued

 
 

(b)    

those provisions of the following documents that relate to the provision

 

of social housing—

 

(i)    

the local authority’s community strategy prepared under section

 

4 of the Local Government Act 2000 (c. 22) (strategies for

 

promoting well-being);

 

(ii)    

the local authority’s local area agreement prepared under Part 5

 

of this Act;

 

(iii)    

any housing strategy which the local housing authority is

 

required to have under section 87 of the Local Government Act

 

2003 (c. 26) (housing strategies and statements)

 

    

“relevant registered provider” means a registered provider who provides social

 

housing in the area of the local authority in question.’.

 


 

Secretary Hazel Blears

 

16

 

Page  2,  line  2  [Clause  2],  leave out ‘and’.

 

Secretary Hazel Blears

 

17

 

Page  2,  line  4  [Clause  2],  at end insert ‘and

 

(d)    

to contribute to the achievement of sustainable development in

 

England,’.

 

Mr Stewart Jackson

 

Grant Shapps

 

Mr Nick Hurd

 

Simon Hughes

 

151

 

Page  2,  line  4  [Clause  2],  at end insert—

 

‘(d)    

to facilitate the provision and supply of home ownership including, in

 

particular, low cost home ownership through community land trusts.’.

 

Secretary Hazel Blears

 

18

 

Page  2,  line  39  [Clause  4],  after ‘HCA’, insert ‘(whether contained in this Part or

 

elsewhere)’.

 


 

Lembit Öpik

 

Andrew George

 

Simon Hughes

 

205

 

Page  4,  line  33  [Clause  10],  leave out from ‘may’ to end of line 34 and insert

 

‘dispose of land for less than the best consideration which can reasonably be obtained

 

where it will further one or more of the objects of the agency as defined in section 2.’.


 
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