House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

19

Clause 268
164
Page 109, line 13, leave out subsection (2)
Clause 274
165
Page 112, line 21, at end insert—

““local housing authority” has the same meaning as in the Housing

Act 1985 (c. 68),”
Clause 275
166
Page 113, line 28, at end insert—

“Local housing authority
Section 274”

167
Page 114, leave out line 6
Clause 276
168
Page 114, leave out lines 31 to 33 and insert—

“Schedule (Amendment of enactments: Part 2) (which contains amendments of

enactments) has effect.”
Clause 293
169
Page 124, line 13, leave out from “When” to second “the” and insert “a notice has

been served under sub-paragraph (3)”
170
Page 124, line 32, at end insert—

“(3A)
After paragraph 5 insert—

“Guidance

5A  (1)
The appropriate person must give guidance to local authorities

about complying with the requirements of paragraph 3 as to

consultation.

      (2)
The appropriate person must publish guidance given under this

paragraph as soon as reasonably practicable after giving it.

      (3)
Local authorities must, in complying with the requirements of

paragraph 3 as to consultation, have regard to the guidance for

the time being in force under this paragraph.

      (4)
The appropriate person may revoke guidance given under this

paragraph.

      (5)
References in this paragraph to giving guidance include

references to giving guidance by varying existing guidance.

      (6)
In this paragraph “the appropriate person” means—

(a)
in relation to England, the Secretary of State, and

(b)
in relation to Wales, the Welsh Ministers.””

20
171
Page 124, line 33, leave out “and (3)” and insert “to (3A)”
Clause 295
172
Page 126, line 45, leave out from “landlord” to “; and” in line 46
Clause 296
173
Page 127, line 37, at end insert “new”
174
Page 127, line 39, at end insert “(unless otherwise required to do so)”
175
Page 128, line 9, at end insert—

“( )
A statutory instrument containing (whether alone or with other provision)

regulations under this paragraph which amend or repeal any of

paragraphs (a) to (f) of sub-paragraph (5) may not be made—

(a)
by the Secretary of State unless a draft of the instrument has been

laid before, and approved by a resolution of, each House of

Parliament; and

(b)
by the Welsh Ministers unless a draft of the instrument has been

laid before, and approved by a resolution of, the National Assembly

for Wales.”
176
Page 128, line 10, at beginning insert “Subject to this,”
177
Page 128, line 20, at end insert—

““behaviour support agreement” means an agreement in writing

about behaviour and the provision of support services made

between the new tenant and the local housing authority concerned

(or between persons who include those persons);”
178
Page 128, line 21, after “means” insert “relevant”
179
Page 128, line 25, leave out “preventing” and insert “addressing”
180
Page 128, line 30, at end insert—

““relevant support services” means support services of a kind

identified in a behaviour support agreement and designed to meet

such needs of the recipient as are identified in the agreement”
181
Page 129, line 19, at end insert “new”
182
Page 129, line 21, at end insert “(unless otherwise required to do so)”
183
Page 129, line 37, at end insert—

“( )
A statutory instrument containing (whether alone or with other provision)

regulations under this paragraph which amend or repeal any of

paragraphs (a) to (f) of sub-paragraph (5) may not be made—

(a)
by the Secretary of State unless a draft of the instrument has been

laid before, and approved by a resolution of, each House of

Parliament; and

(b)
by the Welsh Ministers unless a draft of the instrument has been

laid before, and approved by a resolution of, the National Assembly

for Wales.”
184
Page 129, line 38, at beginning insert “Subject to this,”
185
Page 129, line 48, at end insert—

21

““behaviour support agreement” means an agreement in writing

about behaviour and the provision of support services made

between the new tenant, the landlord and the local housing

authority for the district in which the dwelling-house which is to be

subject to the new tenancy is situated (or between persons who

include those persons);”
186
Page 130, line 1, after “means” insert “relevant”
187
Page 130, line 5, leave out “preventing” and insert “addressing”
188
Page 130, line 9, at end insert—

““local housing authority” (and the reference to its district) has the

same meaning as in the Housing Act 1985 (see sections 1 and 2(1) of

that Act);”
189
Page 130, line 13, at end insert—

““relevant support services” means support services of a kind

identified in a behaviour support agreement and designed to meet

such needs of the recipient as are identified in the agreement”
Clause 305
190
Page 136, line 2, at end insert—

“( )
A review notice may not be served in relation to a determination

which is subject to a re-determination required in pursuance of

section 128(3) (but this does not prevent the service of a review

notice in relation to the re-determination).”
191
Page 136, line 38, at end insert “of the value of the dwelling-house at the relevant

time”
192
Page 137, line 9, at end insert—

“( )
This section does not apply to a determination which is subject to a

re-determination required in pursuance of section 128(3) (but this

does not prevent this section applying to the re-determination).”
193
Page 137, line 14, after “re-determination” insert “of the value of the dwelling-

house at the relevant time”
194
Page 137, line 22, leave out from “intention),” to end of line 27 and insert “in

paragraph (b), for the words from “, the service” to the end substitute “(or where

the landlord exercises his right to have the value of the dwelling-house re-

determined by the district valuer), the relevant event”.

( )
After section 125D(2) (period for serving tenant’s notice of intention)

insert—

“(3)
In subsection (2)(b) “the relevant event” means—

(a)
where a review notice was capable of being served under

section 128A in relation to the determination or re-

determination but no such notice was served during the

period permitted by that section, the service of the notice

under section 128(5) stating the effect of the determination

or re-determination,

(b)
where a review notice was served under section 128A in

relation to the determination or re-determination and

22

section 128B(3) applied, the service on the tenant of the

notice under section 128B(3), and

(c)
where a review notice was served under section 128A in

relation to the determination or re-determination and

section 128B(5) applied, the service of the notice under

section 128B(7).””
195
Page 137, line 27, at end insert—

“( )
In section 128(2) (power of tenant to require determination or re-

determination of value) omit “, or as the case may be re-determined,”.

( )
In section 128(5) (notice of determination or re-determination) for the

words from “stating” to the end substitute “stating—

(a)
the effect of the determination or re-determination,

(b)
the matters mentioned in section 125(2) and (3) (terms for

exercise of right to buy), and

(c)
the effect of section 128A(2) (right of district valuer to serve

review notice and of landlord and tenant to request that

such a notice is served).”
196
Page 137, line 41, leave out from “tenant),” to end of line 45 and insert “in

paragraph (b), for the words from “, the service” to the end substitute “(or where

the right to have the value of the dwelling-house re-determined by the district

valuer is or has been exercised by the landlord), the relevant event”.

( )
After section 136(2) (period for serving notice of intention where there is a

change of secure tenant) insert—

“(2A)
In subsection (2)(b) “the relevant event” means—

(a)
where a review notice was capable of being served under

section 128A in relation to the determination or re-

determination but no such notice was served during the

period permitted by that section, the service of the notice

under section 128(5) stating the effect of the determination

or re-determination,

(b)
where a review notice was served under section 128A in

relation to the determination or re-determination and

section 128B(3) applied, the service on the new tenant or (as

the case may be) the former tenant of the notice under

section 128B(3), and

(c)
where a review notice was served under section 128A in

relation to the determination or re-determination and

section 128B(5) applied, the service of the notice under

section 128B(7).””
197
Page 138, line 3, at end insert “, section 128B applies”
198
Page 138, line 8, at end insert—

“(ab)
no such review notice has been served but such a notice may still be

served under section 128A,”
Clause 308
199
Page 141, line 17, leave out from “authority”” to end of line 24 and insert “—

23

(a)
does not include a registered provider of social housing, or a

registered social landlord, which is a co-operative housing

association;

(b)
includes a co-operative housing association which is neither a

registered provider of social housing nor a registered social

landlord;”
Before Clause 313
200
Insert the following new Clause—

“Ineligible persons from abroad: statutory disregards

Schedule (Ineligible persons from abroad: statutory disregards) (which amends

Parts 6 and 7 of the Housing Act 1996 (c. 52) in relation to certain ineligible

persons from abroad and which makes related provision, including

provision for Scotland and Northern Ireland) has effect.”
Clause 318
201
Page 145, line 7, leave out paragraph (a)
202
Page 145, line 11, leave out “14(8)” and insert “13”
203
Page 145, line 11, after “14(8)” insert “, (Registration of local authorities)”
204
Page 145, line 11, at end insert “or 228”
205
Page 145, line 13, leave out “or 21(2) or (4)” and insert “, 21(2) or (4) or 23A”
206
Page 145, line 18, at end insert—

“( )
Subsection (3) does not apply to an instrument containing an order under

section 319 if the order does not amend or repeal a provision of a public

general Act.”
207
Page 145, line 18, at end insert—

“( )
If a draft of an instrument containing an order under section 13 would,

apart from this subsection, be treated as a hybrid instrument for the

purposes of the standing orders of either House of Parliament, it is to

proceed in that House as if it were not a hybrid instrument.”
208
Page 145, line 23, leave out “13 or”
209
Page 145, line 23, at end insert “(excluding sections (Registration of local authorities)

and 228),”
210
Page 145, line 23, at end insert—

“( )
an order of the Secretary of State under section 319 to which

subsection (3) above does not apply,”
211
Page 145, line 26, after “Part 2” insert “(excluding sections 71 and 73)”
212
Page 145, line 35, leave out “or 21(2) or (4)” and insert “, 21(2) or (4) or 23A”
213
Page 145, line 39, at end insert—

24

“( )
Subsection (6) does not apply to an instrument containing an order under

section 319 if the order does not amend or repeal a provision of a public

general Act.”
214
Page 145, line 40, at end insert—

“( )
an order of the Welsh Ministers under section 319 to which

subsection (6) above does not apply,”
Clause 319
215
Page 146, line 2, after “repeals” insert “and revocations including repeals of spent

enactments”
Clause 322
216
Page 146, line 35, leave out “this Act extends” and insert “Parts 1 to 3 (including

Schedules 1 to (Ineligible persons from abroad: statutory disregards)) and Schedule 14

extend”
217
Page 146, line 36, leave out from “Act” to “has” in line 37 and insert “other than one

falling within subsection (2A)”
218
Page 146, line 38, at end insert—

“(2A)
The following fall within this subsection—

(a)
the repeal in section 5 of the Mobile Homes Act 1983 (c. 34),

(b)
the repeals of sections 50 and 51 of the Housing Act 1988 (c. 50), and

(c)
the amendments of sections 52 to 54 and 59 of that Act.”
219
Page 146, line 39, leave out subsection (3)
Clause 323
220
Page 147, line 8, after “125D(2)” insert “, 128(2)”
221
Page 147, line 14, leave out “, 295” and insert “to 297”
222
Page 147, line 15, after “repeals” insert “and revocations”
223
Page 147, line 24, leave out subsection (5)
Schedule 1
224
Page 149, line 39, at end insert “by way of grant.

      (2)
Such payments may be made on such terms and conditions as the

Secretary of State considers appropriate.”
225
Page 151, line 9, at end insert—

    “(2)
Any such committee may delegate any function conferred on it to any

sub-committee of the committee or to any staff of the HCA.

      (3)
See also section 45 (agency arrangements of the HCA with urban

development corporations).”
Schedule 3
226
Page 164, line 27, leave out paragraph 27

25

Schedule 5
227
Page 182, line 30, at end insert—


“In section 72(1)(a) (application and exclusion of certain enactments:

section 12 of the Finance Act 1895 (c. 16)) omit “or from the

Commission”.”
Schedule 6
228
Page 184, line 18, leave out “the” and insert “a”
229
Page 184, line 19, at end insert “or transferred to another transferee”
230
Page 184, line 20, leave out “transferee” and insert “a transferee or between

transferees”
Schedule 8
231
Page 188, line 36, at end insert—

“Land Compensation Act 1961 (c. 33)


In section 23(3) of the Land Compensation Act 1961 (compensation

where planning decision made after acquisition: exclusions) for

paragraph (d) and the word “or” before it substitute “or

(d)
under Part 1 of the Housing and Regeneration Act 2008

(acquisition by the Homes and Communities Agency).”

Public Health Act 1961 (c. 64)


In Schedule 4 to the Public Health Act 1961 (attachment of street lighting

equipment to certain buildings), in the first column of the Table, for the

words from “Commission” to “1959” substitute “Homes and

Communities Agency so far as exercising functions in relation to

anything transferred (or to be transferred) to it as mentioned in section

54(1)(a) to (d) of the Housing and Regeneration Act 2008”.”
232
Page 189, line 11, leave out “entry for” and insert “entries for the Commission for

the New Towns and”
233
Page 189, line 12, leave out “Note relating to” and insert “Notes relating to the

Commission for the New Towns and”
234
Page 189, line 12, at end insert—

“Leasehold Reform Act 1967 (c. 88)


The Leasehold Reform Act 1967 is amended as follows.


In section 28(5)(b) (retention or resumption of land required for public

purposes) for “Commission for the New Towns” substitute “new towns

residuary body”.

    (1)
Section 29 (reservation of future right to develop) is amended as follows.

    (2)
In subsection (6)—

(a)
in paragraph (a) for “Commission for the New Towns” substitute

“new towns residuary body”, and