|
|
| |
|
|
|
Housing and Regeneration Bill |
|
[The page and line references are to HL Bill 47, the bill as first printed for the Lords.] |
|
|
|
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” |
|
|
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),” |
|
|
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 “— |
|
| |
|
| |
|
|
| |
| | |
|
| (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). |
|
| |
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 |
|
| |
| (d) | persons who reside or carry on business in the proposed designated |
|
| |
13 | Page 6, line 14, at end insert “and” |
|
14 | Page 6, line 15, leave out from “2004,” to end of line 16 |
|
|
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) |
|
|
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 |
|
| |
| (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. |
|
| |
| (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. |
|
| |
| (a) | keep the statement under review, and |
|
|
|
| |
| | |
|
| (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 |
|
| |
| (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, |
|
| |
| (c) | a new or replacement member is to be appointed to such a |
|
| committee or sub-committee. |
|
| |
| (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, |
|
| |
| (i) | the establishment of the committee or sub-committee |
|
| |
| (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- |
|
| |
| (9) | In this section “local authority” has the same meaning as in section 13.” |
|
|
22 | |
|
23 | |
|
24 | |
|
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 |
|
| |
| (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 |
|
| |
|
26 | |
|
|
| |
| | |
|
|
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 |
|
| |
| (b) | would supersede functions of the Housing Corporation, |
|
| | in ways corresponding to those in which the Housing Corporation could |
|
| have exercised its functions.” |
|
|
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).” |
|
|
29 | Page 13, line 31, after “23” insert “, and |
|
| (ii) | sums borrowed by subsidiaries of the HCA (other than from |
|
| |
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).” |
|
|
31 | Page 14, line 2, after “HCA” insert “or any subsidiary of the HCA” |
|
|
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 |
|
| |
|
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 |
|
| |
| (8B) | The HCA must consult the Regulator of Social Housing about the |
|
| |
34 | Page 16, line 15, after “accommodation” insert “or low cost home ownership |
|
| |
35 | Page 16, line 16, after “accommodation” insert “or (as the case may be) low cost |
|
| home ownership accommodation” |
|
|