Shared ownership leases: protection for certain leases
(1) After paragraph 3 of Schedule 4A to the Leasehold Reform Act 1967 (c. 88) (exclusion from enfranchisement for certain shared ownership leases granted by housing associations) insert
3A (1) A lease which does not fall within paragraph 3 is excluded from the operation of this Part of this Act if the lease
(a) meets the conditions mentioned in sub-paragraph (2);
(b) meets any other prescribed conditions; and
(c) does not fall within any prescribed exemptions.
(2) The conditions referred to in sub-paragraph (1)(a) are that the lease
(a) was granted for a term of 99 years or more and is not (and cannot become) terminable except in pursuance of a provision for re-entry or forfeiture;
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(b) was granted at a premium, calculated by reference to the value of the house or the cost of providing it, of not less than 25 per cent, or such other percentage as may be prescribed, of the figure by reference to which it was calculated;
(c) provides for the tenant to acquire additional shares in the house on terms specified in the lease and complying with such requirements as may be prescribed;
(d) does not restrict the tenants powers to mortgage or charge his interest in the house;
(e) if it enables the landlord to require payment for outstanding shares in the house, does so only in such circumstances as may be prescribed;
(f) provides for the tenant to acquire the landlords interest on terms specified in the lease and complying with such requirements as may be prescribed; and
(g) states the landlords opinion that by virtue of this paragraph the lease is excluded from the operation of this Part of this Act.
(3) In any proceedings the court may, if it considers that it is just and equitable to do so, treat a lease as meeting the conditions mentioned in sub-paragraph (2) despite the fact that the condition specified in paragraph (g) of that sub-paragraph is not met.
Certain leases for the elderly.
(2) For the italic heading before paragraph 3 of that Schedule to that Act substitute
Certain housing association and other leases.
Brought up, read the First and Second time, and added to the Bill.
New Clause 13
Service charges: provision of information and designated accounts
Schedule (Service charges: provision of information and designated accounts) (which relates to the provision of information about service charges and to service charge funds) has effect.. [Alison Seabeck.]
Brought up, read the First and Second time, and added to the Bill.
On a point of order, Mr. Deputy Speaker. Am I right that, if we want to press new clause 1 or new clause 8 to a Division, it happens later, but that you will facilitate a vote before the end of Report at nine oclock?
Mr. Deputy Speaker:
The hon. Gentleman is correct. When we get to nine oclock, the Chair will have to decide exactly what Questions to put, and will seek to look to hon. Members who want to press or withdraw amendments at that time.
New Clause 14
Duty to give financial assistance in respect of certain disposals
(1) The HCA must exercise its powers under section 22 to give financial assistance by way of grant to a relevant provider of social housing in respect of any discount given by the provider
(a) to a person exercising the right to acquire conferred by section (Right to acquire), or
(b) on a disposal of a dwelling in England by the provider to a qualifying tenant otherwise than in pursuance of the right conferred by that section.
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(2) In subsection (1)(b) qualifying tenant means a tenant who was entitled to exercise the right to acquire conferred by section (Right to acquire) or by section 16 of the Housing Act 1996 (c. 52) in relation to a dwelling of the relevant provider of social housing other than the dwelling being disposed of by the provider.
(3) The amount of the grant given by virtue of subsection (1)(a) to a relevant provider of social housing for any year is to be the aggregate value of the discounts given by that provider in that year.
(4) The amount of the grant given by virtue of subsection (1)(b) to a relevant provider of social housing must not exceed the amount of the discount to which the tenant would have been entitled in respect of the other dwelling.
(5) The HCA must specify
(a) the procedure to be followed in relation to applications for a grant by virtue of this section,
(b) in the case of a grant by virtue of subsection (1)(b), the method for calculating, and any other limitations on, the amount of the grant,
(c) the manner in which, and time or times at which, a grant by virtue of this section is to be paid,
(d) any other terms or conditions on which such a grant is given.
(6) In this section
dwelling has the same meaning as in Part 2,
registered provider of social housing includes a person falling within section (Right to acquire)(3),
registered social landlord has the same meaning as in Part 1 of the Housing Act 1996 (c. 52),
relevant provider of social housing means
(a) a registered provider of social housing, or(b) a registered social landlord,
tenant has the same meaning as in Part 2.. [Mr. Iain Wright.]
Brought up, and read the First time.
Mr. Iain Wright:
I beg to move, That the clause be read a Second time.
Mr. Deputy Speaker:
With this it will be convenient to discuss the following:
New clause 32 Definition of community land trust
Community land trust means a non-profit organisation which is an industrial and provident society, a company limited by guarantee or other incorporated body whose governing instrument contains provisions to the following effect
(a) the primary purpose of the organisation is to hold land and other assets in order to promote the social, economic and environmental sustainability of a specified local geographic community by providing or facilitating the provision of affordable or other sub-market housing or other community-based facilities and services,
(b) the organisation will not dispose of its land and other assets save in the furtherance of its objectives as set out in paragraph (a),
(c) the membership of the organisation is open to organisations which are located in or persons whose principal place of residence, work or business is located in the specified community the organisation is established to serve (although the organisation may have different classes of membership),
(d) over 50 per cent. of the governing body is elected by the members of the organisation,
(e) the organisation is accountable to the local community through annual reporting or otherwise, and is responsive to the local communitys needs and to representations made on its behalf, and
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(f) it is an organisation established to help enable the community and those who live or work there to benefit from the land or other assets it holds..
New clause 33 Duty to monitor and promote re-use of brownfield land
(1) The HCA must identify, collate and publish up-to-date information on the availability, including type and location, of brownfield land in England at district, regional and national level.
(2) The HCA must keep this data under review and publish its findings annually.
(3) The HCA must promote the re-use and reclamation of brownfield land by acting as the Governments statutory adviser on brownfield land, by providing advice and grants and by commissioning, undertaking or supporting research and other projects to further best practice.
(4) In this section brownfield land means land which has previously been developed..
Government amendments Nos. 16 and 17.
Amendment No. 151, page 2, line 4, in clause 2, at end insert
(d) to facilitate the provision and supply of home ownership including, in particular, low cost home ownership through community land trusts..
Government amendments Nos. 18 to 24.
Amendment No. 1, page 11, line 38, in clause 22, at end insert
(1A) Local authorities shall be eligible for financial assistance under subsection (1)..
Government amendment No. 60.
Government amendment No. 25.
Amendment No. 229, page 15, line 17, in clause 34, leave out from HCA to end of line 18 and insert
(3) The Secretary of State may issue guidance to the HCA for the purposes of this section and the HCA must have regard to any guidance so issued..
Amendment No. 207, line 22, in clause 35, leave out low cost rental accommodation and insert social housing.
Amendment No. 208, line 23, leave out low cost rental accommodation and insert social housing.
Amendment No. 209, line 27, leave out low cost rental accommodation and insert social housing.
Amendment No. 210, line 29, leave out low cost rental accommodation and insert social housing.
Amendment No. 211, line 33, leave out low cost rental accommodation and insert social housing.
Amendment No. 212, line 35, leave out low cost rental accommodation and insert social housing.
No. 213, page 15, leave out low cost rental accommodation and insert social housing.
Amendment No. 214, line 40, leave out low cost rental accommodation and insert social housing.
Amendment No. 215, page 16, line 1, leave out low cost rental accommodation and insert social housing.
Amendment No. 216, line 3, leave out low cost rental accommodation and insert social housing.
Amendment No. 217, page 16, leave out line 9 and insert
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Government amendments Nos. 135 and 136.
Amendment No. 137, page 21, line 11, in clause 48, at end insert
(1A) The Secretary of State may give guidance to the HCA to ensure that, in exercising its powers, the HCA does not expose any person to any risk to their health arising from exposure to electric and magnetic fields with a frequency of between 30 and 300 Hertz..
Amendment No. 138, line 28, in clause 49, at end insert
(1A) The Secretary of State may give a direction to the HCA to ensure that, in exercising its powers, the HCA does not expose any person to any risk to their health arising from exposure to electric and magnetic fields with a frequency of between 30 and 300 Hertz..
Government amendment No. 26.
Amendment No. 139, page 39, line 6, in clause 88, at end insert
(3A) Pursuit of Objective 2 includes, but is not limited to, protection from the risks to health arising from exposure to electric and magnetic fields with a frequency of between 30 and 300 Hertz..
Amendment No. 140, line 29, at end insert
(15) The Secretary of State may add to or amend the regulators fundamental objectives as the Secretary of State thinks appropriate..
Amendment No. 141, page 40, line 32, at end insert ; and
(c) specify the proportion of housing built within 60 metres, measured in any direction, of an overhead transmission line..
Amendment No. 142, page 72, line 41, in clause 180, leave out , and.
Amendment No. 143, line 42, at end insert ;
(m) the distance of housing from any overhead transmission line; and
(n) the levels of electric and magnetic fields with a frequency of between 30 and 300 Hertz permitted in housing..
Amendment No. 144, page 101, line 15, in clause 261, at end insert
overhead transmission line means any electric line above ground which carries or is capable of carrying electricity at or more than 275 kiloVolts,.
Amendment No. 233, page 138, line 13, in schedule 1, after year, insert
, including how it has contributed to the achievement of sustainable development,.
Government amendments Nos. 27 and 28.
Martin Horwood (Cheltenham) (LD):
I should like to speak in support of new clauses 32 and 33, amendments Nos. 175, 229 and 233 and any other measures to increase the value of democracy and sustainability in the Bill.
The Minister appeared to argue in Committee against limits on the powers of the Homes and Communities Agency, which seems to have extremely sweeping powers. Clause 3 is an extraordinary clause and defines the Principal powers of the HCA as the power to do
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anything it considers appropriate for the purposes of its objects or for purposes incidental to those purposes.
That must be the most broadly drawn principal power ever seen in the House. The HCA also has powers to facilitate the development of land, to acquire land compulsorily and to
Those are major powers.
However, the Minister said in Committee that restrictions were unnecessary, because
Any development would have to be in accordance with the development plan. [Official Report, Housing and Regeneration Public Bill Committee, 15 January 2008; c. 269.]
He said just now that local councils should still have a major role in place shaping, yet I fear that in having a national agency with such powers, as opposed to a local development agency, we may see local authorities place-shaping and other powers being degraded. The question is: what kind of development plan will have to be conformed with? The Minister might be talking about the new local development frameworks, but I would not fancy putting one of those in the ring against the Homes and Communities Agency. He might also be talking about regional spatial strategies, which are now coming forward with a great deal of detail in local planning from unelected regional assemblies.
In the south-west, we are in the latest stage of an almost endless consultation, with the examination in public panel report, which has blithely dismissed some strongly held local views and is an example of how unelected quangos and Government-appointed inspectors can run away with their own sense of self-importance at the expense of local peoples views. The examination in public panel report for the south-west describes land at
the foot of Leckhampton Hill,
next to my constituency,
which marks part of the western extent of the Cotswolds and is a local beauty spot of some historical interest. There are panoramic views both to and from the hill which include views across part of the Leckhampton/Shurdington land and of Cheltenham itself. A large number of draft RSS representations relate to this land and the Panel is left in no doubt that the Hill and the views from it are an amenity much appreciated by local people.
Yet four paragraphs later all those concerns and all that respect for the local area are blithely dismissed. The panel simply says: