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| | | (a) | in paragraph (b) after “complies”, insert “substantially”, and |
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| | | (b) | in paragraph (e) after “complied”, insert “substantially”’. |
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| | Schedule 13, page 326, line 2, at end insert— |
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| | | ‘(2A) | In subsection (3) (deadline for making report to the Secretary of State) omit |
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| | Schedule 13, page 327, leave out line 25 and insert— |
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| | | ‘(b) | for “the start day” substitute “the day on which the Secretary of State |
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| | | receives a report on the application under section 74(2)(b) or 83(1)(b).”’. |
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| | Schedule 13, page 327, line 30, leave out ‘(8)’ and insert ‘(9)’. |
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| | Schedule 13, page 327, line 33, after ‘must’, insert ‘(a)’. |
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| | Schedule 13, page 327, line 35, at end insert— |
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| | | ‘(b) | notify each interested party of what has been done and the reasons for |
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| | Schedule 13, page 328, line 14, at end insert— |
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| | | (a) | in paragraph (a) after “consent”, insert “which gives effect to the |
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| | | proposals concerned without modification”, and |
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| | | (b) | after paragraph (a) insert— |
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| | | “(ab) | make an order granting development consent which |
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| | | gives effect to those proposals with modification, or”’. |
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| | Schedule 13, page 330, line 42, at end insert— |
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| | | ‘(1A) | The Secretary of State may by order amend subsection (1) to add, amend or |
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| | | remove a category of offence. |
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| | | (1B) | The power conferred by subsection (1A) may be exercised to add a category of |
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| | | offence to subsection (1) only if the category of offence is relevant to a |
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| | | development for which an order granting development consent may be made |
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| | Clause 108, page 89, line 16, leave out subsections (1) and (2) and insert— |
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| | | ‘(1) | Subsection (1A) applies to a proposed application notified to the Commission |
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| | | under section 46 of that Act before the abolition date. |
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| | | (1A) | In relation to a proposed application in subsection (1), things done before the |
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| | | abolition date shall remain effective on and after the abolition date as if they had |
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| | | been done pursuant to the provisions of the Planning Act 2008 following |
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| | | |
| | | (2) | Subsection (2A) applies to an application received by the Infrastructure Planning |
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| | | Commission before the abolition date that purports to be an application for an |
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| | | order granting development consent under the Planning Act 2008. |
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| | | (2A) | In relation to an application in subsection (2), a person who immediately before |
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| | | (a) | is a member of the Commission, and |
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| | | (b) | is a member of the Panel, or is the single Commissioner, handling an |
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| | | application for an order granting development consent under that Act, |
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| | | | is to be treated as being a member of the Panel that under Chapter 2 of Part 6 of |
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| | | that Act, or the appointed person who under Chapter 3 of that Part, is to handle |
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| | | the application on and after the abolition date.’. |
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| | Clause 109, page 92, leave out lines 20 to 26. |
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| | Clause 112, page 96, leave out subsection (3). |
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| | Clause 116, page 99, leave out lines 36 to 40. |
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| | Clause 116, page 100, leave out lines 30 to 34. |
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| | Clause 117, page 103, line 23, at end insert— |
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| | | ‘(2A) | For the purposes of discharge, variation and appeal by the local planning |
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| | | authority, unless otherwise specified requirements shall be treated as if they were |
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| | | conditions imposed under Part 3 of the Town and Country Planning Act 1990.’. |
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| | Clause 121, page 105, line 38, at end insert— |
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| | | ‘(c) | a person, P, normally resident in accommodation held by a person, Q, |
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| | | where Q holds an introductory, assured, or secure tenancy, and where P |
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| | | is in a subsisting relationship with Q, |
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| | | (d) | a person, P, normally resident in accommodation held by a person, Q, |
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| | | where Q holds an introductory, assured or secure tenancy and where, P |
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| | | has acted as a carer for Q for a period of not less than one year, or |
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| | | (e) | a person, P, normally resident in accommodation, for a period not less |
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| | | than one year, held by a person, Q, where Q holds an introductory, |
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| | | assured or secure tenancy and where P is the sibling of Q.’. |
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| | Clause 121, page 105, line 41, after ‘(b)’, insert ‘or (c) or (d) or (e)’. |
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| | Clause 121, page 106, leave out lines 4 and 5 and insert— |
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| | | ‘(c) | that person applies for accommodation under Part 6.’. |
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| | Clause 122, page 106, line 40, after ‘may’, insert ‘after a consultation of not less |
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| | than 12 weeks with local housing authorities, registered providers of social housing, |
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| | tenants and other such persons or organisations as the Secretary of State considers |
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| | Clause 122, page 107, line 10, at end insert ‘and the applicant has previously been |
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| | informed that the notice will be available and how it can be collected.’. |
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| | Clause 123, page 109, leave out lines 1 to 3. |
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| | Clause 124, page 110, line 19, after ‘suitability’, insert ‘and affordability’. |
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| | Clause 124, page 110, line 23, leave out ‘ a private rented sector offer’ and insert |
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| | ‘an accredited private rented sector offer as specified in section [Private rented sector |
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| | accreditation schemes] of the Localism Act 2011’. |
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| | Clause 124, page 110, leave out line 28. |
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| | Clause 124, page 110, line 30, leave out ‘private rented sector offer’ and insert |
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| | ‘accredited private rented sector offer as specified in section [Private rented sector |
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| | accreditation schemes] of the Localism Act 2011’. |
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| | Clause 124, page 110, line 35, after ‘(c)’ insert ‘in a case which is not a restricted |
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| | Clause 124, page 110, line 36, leave out first ‘the’ and insert ‘a local housing’. |
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| | Clause 124, page 110, line 38, leave out ‘private rented sector offer’ and insert |
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| | ‘accredited private rented sector offer as specified in section [Private rented sector |
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| | accreditation schemes] of the Localism Act 2011’. |
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| | Clause 124, page 110, line 39, at end insert ‘and
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| | (b) at the end of paragraph (c) insert— |
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| | | “(d) | the cost of the tenancy to the applicant is not in excess of the Local |
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| | | Housing Allowance for the broad rental market area in which the private |
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| | | rented sector offer is located. |
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| | | (e) | the authority is satisfied that the private rented sector offer meets the |
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| | | Decent Homes standard.”.’. |
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| | Clause 124, page 110, line 40, leave out subsection (8) and insert— |
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| | | ‘(8) | In subsection (7D) after “end;”, insert— |
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| | | “(ab) | the landlord is a member of an accreditation scheme for private |
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| | | sector landlords operated or approved by the authority;”’. |
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| | Clause 124, page 110, line 40, leave out subsection (8). |
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| | Clause 124, page 110, line 40, leave out ‘(7B) to (7E)’ and insert ‘(7C) and (7E)’. |
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| | Clause 124, page 110, line 40, at end insert— |
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| | | ‘(8A) | In subsection (7D) at end there is inserted—“ or, |
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| | | (i) | an assured shorthold tenancy of a minimum duration of |
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| | | 12 months is available to the applicant; |
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| | | (ii) | the applicant has previously been placed in an assured |
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| | | shorthold tenancy of a duration of greater than six |
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| | | months and less than 12 months between the date of the |
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| | | application being made and the date of the tenancy |
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| | | mentioned in sub-paragraph (i) becoming available; |
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| | | (iii) | the local authority considers that the tenancy available |
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| | | can be afforded by the applicant; |
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| | | (iv) | a housing support services assessment for the applicant |
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| | | has concluded that any support needs of the household to |
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| | | which the applicant belongs can be met within the |
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| | | accommodation provided under the tenancy that is |
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| | | |
| | | (v) | the support to meet the support needs of the household is |
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| | | |
| | | (vi) | the local authority has advised the applicant of tenants’ |
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| | | and landlords’ rights and obligations under an assured |
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| | | shorthold tenancy and has directed the applicant to |
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| | | sources of independent advice and information.”.’. |
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| | Clause 124, page 111, line 2, leave out ‘private rented sector offer’ and insert |
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| | ‘accredited private rented sector offer as specified in section [Private rented sector |
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| | accreditation schemes] of the Localism Act 2011’. |
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| | Clause 124, page 111, line 12, leave out subsection (11) and insert— |
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| | | ‘(11) | Where an authority is under a duty to provide an applicant with advice and |
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| | | assistance under section 190(2)(b), 192(2) or 195(5) of the Housing Act 1996, the |
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| | | authority shall not procure or arrange a private rented sector offer to fhe benefit |
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| | | of the applicant unless the landlord by whom the offer is made is a member of an |
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| | | accreditation scheme for private sector landlords operated or approved by the |
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| | | |
| | Clause 125, page 111, line 33, at end insert ‘, and |
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| | | (b) | in subsection (4B) for “(3A) to” substitute “(4) and”.’. |
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| | |
| | | |
| | Clause 125, page 112, line 2, at end insert— |
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| | | ‘(1A) | For the purposes of subsection (1)(b), an applicant is not deemed to have become |
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| | | homeless intentionally when the applicant has been required to leave |
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| | | accommodation as a consequence of a reduction in housing benefit entitlement, |
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| | | other than a reduction which is the result of an increase in the applicant’s |
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| | Clause 125, page 112, leave out lines 25 to 30 and insert— |
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| | | ‘(6) | Subsection (1) or (3) does not apply to a re-application by an applicant for |
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| | | accommodation, or for assistance in obtaining accommodation, if the |
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| | | immediately preceding application made by that applicant was one to which |
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| | | subsection (1) or (3) applied.”’. |
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| | |
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| | Clause 125, page 112, line 30, at end insert— |
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| | | ‘(4A) | In section 192, leave out subsection (2) and insert— |
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| | | “(2) | The authority shall provide the applicant with (or secure that he is |
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| | | provided with) emergency accommodation where appropriate. |
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| | | (2A) | The authority shall provide advice and assistance such that the |
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| | | homelessness of the applicant is resolved by— |
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| | | (a) | offering or securing a social tenancy, |
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| | | (b) | offering or securing a private rented sector tenancy, |
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| | | (c) | offering or securing supported or other appropriate |
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