House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
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Other Bills before Parliament

LORDS amendments to the
Housing and Regeneration Bill
[The page and line references are to HL Bill 47, the bill as first printed for the Lords.]
Clause 2
1
Page 2, line 1, after “development” insert “and good design”
2
Page 2, line 4, at end insert—

““good design” includes design which has due regard to the needs of

elderly persons and disabled persons,”
3
Page 2, line 30, leave out “section” and insert “sections 22(4A) (financial assistance),

(Local Government involvement) (local government involvement) and”
Clause 9
4
Page 4, line 21, leave out from ““common”” to end of line 24 and insert “has the

meaning given by section 19(4) of the Acquisition of Land Act 1981 (c. 67),”
Clause 13
5
Page 5, line 13, leave out from beginning to “it” in line 14
6
Page 5, line 16, leave out “for all permitted purposes or”
7
Page 5, line 17, leave out “all kinds of development or”
8
Page 5, line 18, at end insert—

“( )
In deciding whether it is appropriate for the HCA to be the local planning

authority as mentioned in subsection (1)(b), the Secretary of State must, in

particular, be satisfied that making the designation order is likely to

improve the effectiveness with which the functions of the local planning

authority for the area or part are discharged.”
9
Page 5, line 19, leave out subsections (3) and (4)
10
Page 5, line 32, leave out “, consult” and insert “—

(a)
publish—

Bill 142 54/3

2

(i)
a draft of the order, and

(ii)
the Secretary of State’s reasons for making the order, and

(b)
consult the persons mentioned in subsection (5A).

(5A)
The persons are”
11
Page 5, line 34, leave out “and”
12
Page 5, line 36, at end insert—

“(c)
such persons which appear to the Secretary of State to represent the

interests of local authorities as the Secretary of State considers

appropriate, and

(d)
persons who reside or carry on business in the proposed designated

area.”
13
Page 6, line 14, at end insert “and”
14
Page 6, line 15, leave out from “2004,” to end of line 16
Clause 14
15
Page 6, line 25, leave out from “order” to “may” in line 26
16
Page 6, line 29, leave out “for all permitted purposes or”
17
Page 6, line 30, leave out “all kinds of development or”
18
Page 6, line 36, leave out “all relevant functions, or”
19
Page 7, line 6, leave out paragraph (c)
20
Page 7, line 25, leave out subsection (8)
After Clause 14
21
Insert the following new Clause—

“HCA as local planning authority: local involvement

(1)
Subsections (2) to (6) apply where a designation order provides for the

HCA to be the local planning authority for the whole or any part of the

designated area.

(2)
The HCA must prepare and publish a statement of local involvement.

(3)
The statement of local involvement is a statement of the HCA’s policy as to

the extent to which it intends to involve persons mentioned in subsection

(4) in relation to the exercise by the HCA of functions conferred on it by

virtue of the designation order.

(4)
The persons are—

(a)
every local authority for the designated area or any part of the area

in relation to which a function is to be exercised, and

(b)
persons appearing to the HCA to have special knowledge or

experience of matters relevant to functions to be exercised in

relation to the area or part.

(5)
The HCA must—

(a)
keep the statement under review, and

3

(b)
publish any revision of it.

(6)
In deciding its policy about the extent of involvement of persons

mentioned in subsection (4), the HCA must, in particular, have regard to—

(a)
the benefits that it might receive from their knowledge and

experience, and

(b)
the nature of the functions concerned.

(7)
Subsection (8) applies where—

(a)
the HCA establishes a committee for the purpose of exercising

functions conferred on the HCA by virtue of a designation order,

(b)
such a committee establishes a sub-committee for such a purpose,

or

(c)
a new or replacement member is to be appointed to such a

committee or sub-committee.

(8)
The HCA must—

(a)
inform every local authority for the designated area or any part of

the area in relation to which the functions are to be, or are being,

exercised of—

(i)
the establishment of the committee or sub-committee

concerned, or

(ii)
(as the case may be) the proposed appointment, and

(b)
invite the authority to suggest one or more candidates for

membership of the committee or (as the case may be) sub-

committee.

(9)
In this section “local authority” has the same meaning as in section 13.”
Clause 15
22
Leave out Clause 15
Clause 16
23
Leave out Clause 16
Clause 17
24
Leave out Clause 17
Clause 18
25
Page 9, line 20, leave out from “area” to end of line 26 and insert “or part of an area

in the RPB’s region if it is the local planning authority for that area or part, or for

an area which includes that area or part, by virtue of an order of the kind

mentioned in section 14(2) of the Housing and Regeneration Act 2008 (designation

orders).

(4B)
In subsections (4) and (4A) “local planning authority” has the same

meaning as in Part 1 of the Housing and Regeneration Act 2008 (see section

13(6) of that Act).””
Clause 21
26
Leave out Clause 21

4

Clause 22
27
Page 12, line 16, at end insert—

“(4A)
The objects of the HCA are not to be read as preventing the HCA from

exercising functions in relation to financial assistance (whether under this

section or otherwise) which—

(a)
are transferred to the HCA from the Housing Corporation by virtue

of this Act, or

(b)
would supersede functions of the Housing Corporation,


in ways corresponding to those in which the Housing Corporation could

have exercised its functions.”
Clause 24
28
Page 12, line 30, leave out subsection (2) and insert—

“( )
Loans under subsection (1) may be made on such terms and conditions as

the Secretary of State considers appropriate (including provision for

repayment with or without interest).”
Clause 26
29
Page 13, line 31, after “23” insert “, and

(ii)
sums borrowed by subsidiaries of the HCA (other than from

the HCA)”
30
Page 13, line 32, at end insert—

“(5)
In this Part “subsidiary” has the meaning given by section 1159 of the

Companies Act 2006 (c. 46).”
Clause 28
31
Page 14, line 2, after “HCA” insert “or any subsidiary of the HCA”
Clause 33
32
Page 15, line 11, leave out from “may” to end of line 25 and insert “provide such

services for communities as it considers appropriate or facilitate the provision of

such services”
Clause 34
33
Page 16, line 13, at end insert—

“(8A)
Subsection (8B) applies if the HCA is proposing to give financial assistance

on condition that the recipient provides low cost home ownership

accommodation.

(8B)
The HCA must consult the Regulator of Social Housing about the

proposals.”
34
Page 16, line 15, after “accommodation” insert “or low cost home ownership

accommodation”
35
Page 16, line 16, after “accommodation” insert “or (as the case may be) low cost

home ownership accommodation”