House of Commons portcullis
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


 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2008
Revised 18 July 2008