House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Report Stage Proceedings: 31st March 2008
300

Housing and Regeneration Bill, continued

Energy efficiency information

Mr Stewart Jackson

Grant Shapps

Mr Nick Hurd

Simon Hughes

Not called  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Sections 148 to 170 of the Housing Act 2004 (c. 34) are hereby repealed.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

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

Not selected  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.’.

Report Stage Proceedings: 31st March 2008
301

Housing and Regeneration Bill, continued

Basic principle

Lembit Öpik

Andrew George

Simon Hughes

Not called  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.

(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

Not called  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.’.

Report Stage Proceedings: 31st March 2008
302

Housing and Regeneration Bill, continued

Statutory overcrowding: definition of overcrowding

Emily Thornberry

Sarah Teather

Ms Dawn Butler

Ms Karen Buck

Ms Sally Keeble

Not selected  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’).

(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

Not selected  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,

Report Stage Proceedings: 31st March 2008
303

Housing and Regeneration Bill, continued

(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.’.

Statutory overcrowding: space standard

Emily Thornberry

Sarah Teather

Ms Dawn Butler

Ms Karen Buck

Ms Sally Keeble

Not selected  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

Report Stage Proceedings: 31st March 2008
304

Housing and Regeneration Bill, continued

(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

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

Not called  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

Not called  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

Report Stage Proceedings: 31st March 2008
305

Housing and Regeneration Bill, continued

(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

(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

Agreed to  16

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

Secretary Hazel Blears

Agreed to  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

Not called  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

Agreed to  18

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

Report Stage Proceedings: 31st March 2008
306

Housing and Regeneration Bill, continued

elsewhere)’.

Lembit Öpik

Andrew George

Simon Hughes

Not selected  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.’.

Lembit Öpik

Andrew George

Simon Hughes

Not selected  206

Page  4,  line  35  [Clause  10],  leave out subsections (2) to (4).

Secretary Hazel Blears

Agreed to  19

Page  9,  line  31  [Clause  19],  after ‘time’, insert ‘and subject as follows’.

Secretary Hazel Blears

Agreed to  20

Page  9,  line  39  [Clause  19],  leave out ‘any occupied’ and insert ‘the’.

Secretary Hazel Blears

Agreed to  21

Page  9,  line  40  [Clause  19],  leave out ‘the occupier’ and insert ‘every owner or

occupier of the land’.

Secretary Hazel Blears

Agreed to  22

Page  9,  line  41  [Clause  19],  at end insert—

‘(2A)
A notice under subsection (2)(b) must—

(a)
state the purpose for which entry is required, and

(b)
inform the person to whom it is given of the person’s rights under this

section and, if applicable, section 20.’.

Secretary Hazel Blears

Agreed to  23

Page  10,  line  9  [Clause  19],  at end insert—

‘(6A)
In subsection (2)(b) “owner” has the same meaning as in the Acquisition of Land

Act 1981 (c. 67).’.