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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 14254/3

 
 

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”


 
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