House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

44
258
Page 204, line 25, at end insert—

  “(7A)
The Secretary of State may not make a statutory instrument containing

the first regulations made by the Secretary of State under this section

unless a draft of the instrument has been laid before, and approved by a

resolution of, each House of Parliament.

    (7B)
The Welsh Ministers may not make a statutory instrument containing

the first regulations made by the Welsh Ministers under this section

unless a draft of the instrument has been laid before, and approved by a

resolution of, the National Assembly for Wales.”
Schedule 12
259
Page 209, line 9, at end insert—

“(za)
after “final demolition notice”, where it first appears, insert “(“the

earlier notice”)”,

(zb)
after “final demolition notice”, where it appears for a second

time, insert “(and no initial demolition notice)”,”
260
Page 209, line 14, leave out “notice”.” and insert “final demolition notice (or, as the

case may be, the initial demolition notice)”.

      (4)
After sub-paragraph (9) insert—

“(10)
In sub-paragraph (8) “initial demolition notice” has the

meaning given by paragraph 1 of Schedule 5A (initial

demolition notices).””
261
Page 210, line 28, at end insert—

“
In paragraph 1(4)(b) (initial demolition notices: maximum specified

period to carry out demolition) for “five” substitute “seven”.”
Before Schedule 14
262
Insert the following new Schedule—

“Ineligible persons from abroad: statutory disregards

Part 1

England and Wales

Housing Act 1996 (c. 52)

1
The Housing Act 1996 is amended as follows.

2    (1)
Section 167 (allocation in accordance with allocation scheme) is

amended as follows.

      (2)
In subsection (2) after “scheme shall” insert “, subject to subsection

(2ZA),”.

      (3)
After subsection (2) insert—

“(2ZA)
People are to be disregarded for the purposes of subsection (2) if

they would not have fallen within paragraph (a) or (b) of that

45

subsection without the local housing authority having had

regard to a restricted person (within the meaning of Part 7).”

3    (1)
Section 184 (inquiry into cases of homelessness or threatened

homelessness) is amended as follows.

      (2)
After subsection (3) insert—

“(3A)
If the authority decide that a duty is owed to the applicant under

section 193(2) or 195(2) but would not have done so without

having had regard to a restricted person, the notice under

subsection (3) must also—

(a)
inform the applicant that their decision was reached on

that basis,

(b)
include the name of the restricted person,

(c)
explain why the person is a restricted person, and

(d)
explain the effect of section 193(7AD) or (as the case may

be) section 195(4A).”

      (3)
After subsection (6) insert—

“(7)
In this Part “a restricted person” means a person—

(a)
who is not eligible for assistance under this Part,

(b)
who is subject to immigration control within the meaning

of the Asylum and Immigration Act 1996, and

(c)
either—

(i)
who does not have leave to enter or remain in the

United Kingdom, or

(ii)
whose leave to enter or remain in the United

Kingdom is subject to a condition to maintain and

accommodate himself, and any dependants,

without recourse to public funds.”

4    (1)
Section 185 (persons from abroad not eligible for certain housing

assistance) is amended as follows.

      (2)
In subsection (4) for “another person” substitute “a person falling within

subsection (5)”.

      (3)
After subsection (4) insert—

“(5)
A person falls within this subsection if the person—

(a)
falls within a class prescribed by regulations made under

subsection (2); but

(b)
is not a national of an EEA State or Switzerland.”

5    (1)
Section 193 (duty to persons with priority need who are not homeless

intentionally) is amended as follows.

      (2)
In subsection (3A) after “this section” insert “in a case which is not a

restricted case”.

      (3)
After subsection (3A) insert—

“(3B)
In this section “a restricted case” means a case where the local

housing authority would not be satisfied as mentioned in

subsection (1) without having had regard to a restricted person.”

      (4)
After subsection (7A) insert—

46

“(7AA)
In a restricted case the authority shall also cease to be subject to

the duty under this section if the applicant, having been

informed of the matters mentioned in subsection (7AB)—

(a)
accepts a private accommodation offer, or

(b)
refuses such an offer.

(7AB)
The matters are—

(a)
the possible consequence of refusal of the offer, and

(b)
that the applicant has the right to request a review of the

suitability of the accommodation.

(7AC)
For the purposes of this section an offer is a private

accommodation offer if—

(a)
it is an offer of an assured shorthold tenancy made by a

private landlord to the applicant in relation to any

accommodation which is, or may become, available for

the applicant’s occupation,

(b)
it is made, with the approval of the authority, in

pursuance of arrangements made by the authority with

the landlord with a view to bringing the authority’s duty

under this section to an end, and

(c)
the tenancy being offered is a fixed term tenancy (within

the meaning of Part 1 of the Housing Act 1988) for a

period of at least 12 months.

(7AD)
In a restricted case the authority shall, so far as reasonably

practicable, bring their duty under this section to an end as

mentioned in subsection (7AA).”

      (5)
In subsections (7B) and (7C) at the beginning insert “In a case which is

not a restricted case,”.

      (6)
In subsection (7F) after paragraph (a) (but before the “or” following it)

insert—

“(ab)
approve a private accommodation offer;”.

6    (1)
Section 195 (duties in the case of threatened homelessness) is amended

as follows.

      (2)
In subsection (3A) after “this section” insert “in a case which is not a

restricted threatened homelessness case”.

      (3)
In subsection (4)—

(a)
after “Where” insert “, in a case which is not a restricted

threatened homelessness case,”, and

(b)
at the end insert “in a case which is not a restricted case (within

the meaning of that section)”.

      (4)
After subsection (4) insert—

“(4A)
Where, in a restricted threatened homelessness case, in

pursuance of the duty under subsection (2) the authority secure

that accommodation other than that occupied by the applicant

when he made his application is available for occupation by him,

the provisions of section 193(3) to (9) (period for which duty

owed) apply, with any necessary modifications, in relation to the

duty under this section as they apply in relation to the duty

47

under section 193 in a restricted case (within the meaning of that

section).

(4B)
In subsections (3A) to (4A) “a restricted threatened homelessness

case” means a case where the local housing authority would not

be satisfied as mentioned in subsection (1) without having had

regard to a restricted person.”

7    (1)
Section 202 (right to request review of decision) is amended as follows.

      (2)
In subsection (1) after paragraph (f) insert “, or

(g)
any decision of a local housing authority as to the

suitability of accommodation offered to him by way of a

private accommodation offer (within the meaning of

section 193).”

      (3)
In subsection (1A)—

(a)
for “or (7)” substitute “, (7) or (7AA)”, and

(b)
after “(f)” insert “or (as the case may be) (g)”.

8
In section 218 (index of defined expressions: Part 7) insert in the Table at

the appropriate place—

“restricted person
section 184(7)”.

Part 2

Scotland and Northern Ireland

Housing (Scotland) Act 1987 (c. 26)

9
The Housing (Scotland) Act 1987 is amended as follows.

10  (1)
Section 20 (persons having priority on housing list and allocation of

housing) is amended as follows.

      (2)
In subsection (1)(b) at the beginning insert “subject to subsection (1A),”.

      (3)
After subsection (1) insert—

“(1A)
Homeless persons and persons threatened with homelessness

(within the meaning of Part II) are to be disregarded for the

purposes of subsection (1) if they would not be such persons

without the local authority having had regard to a restricted

person (also within the meaning of Part II).”

      (4)
In subsection (2) for “such housing” substitute “housing falling within

subsection (1)”.

11  (1)
Section 30 (notification of decision and reasons) is amended as follows.

      (2)
After subsection (3) insert—

“(3A)
If they decide that he is homeless, threatened with homelessness

or has a priority need but would not have done so without

having had regard to a restricted person, they shall also notify

him of—

(a)
the fact that their decision was reached on that basis,

48

(b)
the name of the restricted person,

(c)
the reason why the person is a restricted person, and

(d)
the effect of section 31(2G) or (as the case may be) 32(2A)

and (2B).”

      (3)
After subsection (5) insert—

“(6)
In this Part “a restricted person” means a person—

(a)
who is not eligible for assistance under this Part,

(b)
who is subject to immigration control within the meaning

of the Asylum and Immigration Act 1996, and

(c)
either—

(i)
who does not have leave to enter or remain in the

United Kingdom, or

(ii)
whose leave to enter or remain in the United

Kingdom is subject to a condition to maintain and

accommodate himself, and any dependants,

without recourse to public funds.”

12  (1)
Section 31 (duties to persons found to be homeless) is amended as

follows.

      (2)
After subsection (2) insert—

“(2A)
In a restricted case the local authority shall cease to be subject to

the duty under subsection (2) if the applicant, having been

informed of the matters mentioned in subsection (2B)—

(a)
accepts a private accommodation offer, or

(b)
refuses such an offer.

(2B)
The matters are—

(a)
the possible consequence of refusal of the offer, and

(b)
that the applicant has the right to request a review of the

decisions mentioned in section 35A(2)(e).

(2C)
In this section “a restricted case” means a case falling within

subsection (2) where the local authority would not be satisfied as

mentioned in subsections (1) and (2) without having had regard

to a restricted person.

(2D)
For the purposes of this Part an offer is a private accommodation

offer if—

(a)
it is an offer of a short assured tenancy made by a

landlord to the applicant in relation to any

accommodation which is, or may become, available for

the applicant’s occupation,

(b)
it is made, with the approval of the local authority, in

pursuance of arrangements made by them with the

landlord with a view to bringing their duty under

subsection (2) to an end, and

(c)
the tenancy being offered is for a period of at least 12

months.

(2E)
The local authority shall not approve a private accommodation

offer unless they are satisfied that it is reasonable for the

applicant to accept the offer.

49

(2F)
For the purposes of subsection (2E) an applicant may reasonably

be expected to accept an offer even though he is under

contractual or other obligations in respect of his existing

accommodation, provided he is able to bring those obligations to

an end before he is required to take up the offer.

(2G)
In a restricted case the local authority shall, so far as reasonably

practicable, bring their duty under subsection (2) to an end as

mentioned in subsection (2A).

(2H)
Subsections (2A) to (2G) are without prejudice to any other way

in which the local authority can cease to be subject to the duty

under subsection (2).”

      (3)
In subsection (3)—

(a)
for “In any other case, they” substitute “In a case not falling

within subsection (2), the local authority”, and

(b)
in paragraph (a) for “his”, in the first place where it appears,

substitute “the applicant’s”.

13  (1)
Section 32 (duties to persons found to be threatened with homelessness)

is amended as follows.

      (2)
After subsection (2) insert—

“(2A)
Subsection (2B) applies in a restricted threatened homelessness

case where, in pursuance of the duty under subsection (2), the

local authority secure that accommodation other than that

occupied by the applicant when he made his application is

available for occupation by him.

(2B)
The provisions of section 31(2A) to (2H) (circumstances in which

duty in restricted case ceases) apply, with any necessary

modifications, in relation to the duty under subsection (2) as they

apply in relation to the duty under section 31(2) in a restricted

case (within the meaning of that section).”

      (3)
In subsection (3) for “In any other case they shall furnish him” substitute

“In a case not falling within subsection (2) the local authority shall

furnish the applicant”.

      (4)
After subsection (5) insert—

“(5A)
In this section “a restricted threatened homelessness case” means

a case falling within subsection (2) where the local authority

would not be satisfied as mentioned in subsections (1) and (2)

without having had regard to a restricted person.”

14  (1)
Section 34 (duties to persons whose applications are referred) is

amended as follows.

      (2)
For subsection (2) substitute—

“(2)
If it is determined that the conditions for referral—

(a)
are satisfied, the notified authority are subject to the duty

under section 31(2);

(b)
are not satisfied, the notifying authority are subject to that

duty.”

      (3)
In subsection (3) for paragraph (a) (but not the “and” after it) substitute—