Session 2010 - 11
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Public Bill Committee Proceedings: 10 March 2011          

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Localism Bill, continued

 
 

“(9A)    

For the purposes of this Chapter a replacement tenancy is a tenancy

 

(whether of the same premises as those let under the earlier tenancy or

 

otherwise)—

 

(a)    

which comes into being on the coming to an end of an assured

 

shorthold tenancy, and

 

(b)    

under which, on its coming into being—

 

(i)    

the landlord is a person who (alone or jointly with

 

others) was a landlord under the earlier tenancy; and

 

(ii)    

the tenant is a person who (alone or jointly with others)

 

was a tenant under the earlier tenancy; and

 

(iii)    

under which the deposit, or part of the deposit, received

 

by the landlord under the earlier tenancy (or under a

 

previous tenancy) is retained by the landlord.”.

 

(7)    

Section 214 of the Housing Act 2004 (proceedings relating to tenancy deposits)

 

is amended as follows.

 

(8)    

In subsection (1) for paragraph (a) substitute—

 

“(a)    

that the deposit has not been protected in accordance with section

 

213(4) or that section 213(6) has not been complied with; or”.

 

(9)    

In subsection (2) for paragraph (a) substitute—

 

“(a)    

that the deposit has not been protected in accordance with

 

subsection (4) or that subsection (6) has not been complied with,

 

or”.

 

(10)    

In subsection (3) after (b), insert “(unless the tenancy in question and any

 

replacement tenancy have ended)”.

 

(11)    

For subsection (4) substitute—

 

“(4)    

The court must also order the landlord to pay to the applicant such

 

additional sum of money as it shall consider reasonable being not less

 

than the amount of the deposit nor more than three times the amount of

 

the deposit within the period of 14 days beginning with the date of the

 

making of the order.”.

 

(12)    

After subsection (6) insert—

 

“(7)    

In determining the sum of money payable by the landlord under

 

subsection (4), the court shall have regard to all the circumstances, and in

 

particular—

 

(a)    

the landlord’s reasons for his failure to comply with his

 

obligations under this Chapter;

 

(b)    

whether the landlord knew, or ought to have known, of his

 

obligations; and

 

(c)    

the length of time taken by the landlord in complying with his

 

obligations.

 

(8)    

In considering the extent of the landlord’s knowledge under subsection

 

(7)(b), the court shall assume that the landlord knew, or ought to have

 

known, of his obligations unless the contrary is proved.

 

(9)    

In this section references to a tenant include any person or persons who

 

is or was the tenant under a tenancy to which section 213(1) relates, or

 

under any replacement tenancy.”.

 

(13)    

Section 215 of the Housing Act 2004 (sanctions for non-compliance) is amended

 

as follows.

 

(14)    

In subsection (1) for paragraphs (a) and (b) substitute—

 

“(a)    

the deposit has not been protected (see section 213(4)), or


 
 

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Localism Bill, continued

 
 

(b)    

the deposit is not being held in accordance with an authorised

 

scheme”.’.

 


 

Homeless persons: advice and assistance

 

Barbara Keeley

 

Alison Seabeck

 

Jack Dromey

 

Negatived on division  NC13

 

To move the following Clause:—

 

‘After section 184 of the Housing Act 1996 (Inquiry into cases of homelessness

 

or threatened homelessness) insert—

 

“184A

  Prevention of homelessness: advice and assistance

 

(1)    

An authority may, in the course of its enquiries under section 184,

 

provide advice and assistance to the applicant for the purpose of the

 

prevention of homelessness.

 

(2)    

The applicant’s housing needs shall be assessed before the advice and

 

assistance is provided under subsection (1).

 

(3)    

The advice and assistance provided under subsection (1) must include

 

information about the likely availability in the authority’s district of

 

accommodation appropriate to the applicant’s housing needs (including,

 

in particular, the location and sources of such accommodation).

 

(4)    

The advice and assistance provided under subsection (1), including the

 

assessment of the housing needs of and options available to the applicant,

 

shall, in addition to the information specified in subsection (3), set out the

 

steps which in the opinion of the authority are required to resolve the

 

applicant’s housing needs.

 

(5)    

Any advice and assistance or offer of future assistance provided or made

 

in accordance with subsection (4) shall be notified in writing to the

 

applicant at the time when such provision or offer takes place or as soon

 

as reasonably practicable thereafter.

 

(6)    

Where at any time prior to the making of a decision under section 184(3)

 

the authority proposes to procure or arrange for the applicant a private

 

rented sector offer, the applicant is free to reject such an offer without

 

affecting the duties owed to him by the authority under this Part.

 

(7)    

The authority shall secure that any offer of accommodation which is

 

made in the circumstances described in subsection (3)—

 

(a)    

is an offer of a fixed term tenancy (within the meaning of Part 1

 

of the Housing Act 1988) for a period of at least twelve months;

 

and

 

(b)    

is accompanied by a statement in writing which specifies the

 

term of the tenancy being offered and explains in ordinary

 

language—

 

(i)    

that there is no obligation to accept the offer, but


 
 

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(ii)    

that if the offer is accepted, the authority may decide that

 

the applicant is no longer homeless or threatened with

 

homelessness and the consequences of such a decision,

 

and

 

(iii)    

the implication of the applicant deciding not to accept

 

the offer.

 

(8)    

A notification or statement under subsection (2) or subsection (4)(b) shall

 

inform the applicant of his right to seek independent advice in respect of

 

the matters contained in that document.”.’.

 


 

Private rented sector accreditation schemes

 

Barbara Keeley

 

Alison Seabeck

 

Jack Dromey

 

Negatived on division  NC14

 

To move the following Clause:—

 

‘(1)    

Every local housing authority must operate one or more voluntary accreditation

 

schemes for landlords in the private rented sector.

 

(2)    

An authority may operate a landlord accreditation scheme itself or in conjunction

 

with other persons and may delegate performance of this function, or aspects of

 

this function, to another person.

 

(3)    

The Secretary of State shall by order:

 

(a)    

define the nature and scope of accreditation schemes;

 

(b)    

prescribe the criteria for membership of accreditation schemes;

 

(c)    

prescribe requirements as to the professional qualifications or standards

 

of persons who will operate an accreditation scheme in conjunction with

 

the authority or to whom it intends to delegate performance of this

 

function;

 

(d)    

establish standards of conduct and practice (“the minimum standards”)

 

with regard to the disposal and management of residential

 

accommodation which shall be required as a condition of membership of

 

accreditation schemes, including requirements as to the condition of

 

premises let by accredited landlords;

 

(e)    

provide for a system of inspection of premises and monitoring of

 

compliance with the minimum standards;

 

(f)    

to provide for means of redress where there has been a clear failure to

 

meet minimum standards, including provision for termination of

 

membership and procedures for review of decisions;

 

(g)    

make provisions concerning any matter relevant to the objectives,

 

management and operation of accreditation schemes; and

 

(h)    

permit the scheme to consider and take action where a complaint is

 

received or there are grounds for considering whether enforcement

 

actions should be taken under legislation in relation to any premises


 
 

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owned or managed by a member of an accreditation scheme, in such

 

circumstances and subject to such conditions as may be prescribed.’.

 


 

Efficient and effective planning

 

Barbara Keeley

 

Alison Seabeck

 

Jack Dromey

 

Not called  NC15

 

To move the following Clause:—

 

‘(1)    

Regulations may be made under this section with the purpose of securing the

 

more efficient and effective operation of the procedures under the Planning Acts

 

and in particular to give effect to the recommendations of—

 

(a)    

the Killian Pretty report, and

 

(b)    

the Penfold Review.

 

(2)    

Regulations under this section may—

 

(a)    

apply an enactment with or without modification;

 

(b)    

include provisions disapplying, modifying the effect of or amending an

 

enactment.

 

(3)    

Regulations under this section—

 

(a)    

shall be made by statutory instrument;

 

(b)    

shall not be made unless a draft has been laid before and approved by

 

resolution of each House of Parliament.’.

 


 

Ability to waive compliance with procedures

 

Barbara Keeley

 

Alison Seabeck

 

Jack Dromey

 

Not called  NC16

 

To move the following Clause:—

 

‘(1)    

The Planning Act 2008 is amended as follows.

 

(2)    

After section 114 insert—

 

“114A

  Ability to waive compliance with procedures

 

(1)    

The Secretary of State may make rules as to the waiving of requirements

 

that otherwise must be met before an order for development consent is

 

made if compliance with those requirements would be unnecessary,

 

impossible or impracticable.

 

(2)    

Rules under this section may authorise the Secretary of State—

 

(a)    

to dispense with compliance with requirements of this Act or

 

regulations made under it that would otherwise apply, and


 
 

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(b)    

to comply with alternative requirements that would not

 

otherwise apply,

 

    

in any case where he considers it appropriate to do so.

 

(3)    

The power to make rules under this section shall be exercisable by

 

statutory instrument which shall be subject to annulment in pursuance of

 

a resolution of either House of Parliament.”’.

 


 

Integrated transport authorities and passenger transport executives

 

Barbara Keeley

 

Alison Seabeck

 

Jack Dromey

 

Withdrawn  NC17

 

To move the following Clause:—

 

‘(1)    

The Local Transport Act 2008 is amended as follows.

 

(a)    

after section (98), insert—

 

“Chapter 2A

 


 

General Powers

 

98A    

General powers of Integrated Transport Authority

 

(1)    

An ITA may do—

 

(a)    

anything it considers appropriate for the purposes of the

 

carrying-out of any of its functions, or otherwise for the purpose

 

of improving the effectiveness and efficiency of transport in,

 

through, to or from any part of the integrated transport area (its

 

“functional purposes”),

 

(b)    

anything it considers appropriate for the purposes incidental to

 

its functional purposes,

 

(c)    

anything it considers appropriate for purposes indirectly

 

incidental to its functional purposes through any number of

 

removes,

 

(d)    

anything it considers to be connected with—

 

(i)    

any of its functions, or

 

(ii)    

anything it may do under paragraph (a), (b) or (c), and

 

(e)    

for a commercial purpose or otherwise anything which it may do

 

under any of paragraphs (a) to (d) otherwise than for a

 

commercial purpose and to do it anywhere in the United

 

Kingdom or elsewhere.

 

(2)    

An ITA’s power under subsection (1) is in addition to, and is not limited

 

by, the other powers of the ITA.

 

98B    

Boundaries of the general power

 

(1)    

Section 98A(1) does not enable an ITA to do—

 

(a)    

anything which the ITA is unable to do by virtue of a pre-

 

commencement limitation, or


 
 

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(b)    

anything which the ITA is unable to do by virtue of a post-

 

commencement limitation which is expressed to apply—

 

(i)    

to its power under section 98A(1),

 

(ii)    

to all of the ITA’s powers, or

 

(iii)    

to all of the ITA’s powers but with exceptions that do not

 

include its power under section 98A(1).

 

(2)    

If exercise of a pre-commencement power of an ITA is subject to

 

restrictions, those restrictions apply also to exercise of the power

 

conferred on the ITA by section 98A(1) so far as it is overlapped by the

 

pre-commencement power.

 

(3)    

Where under section 98A(1) an ITA does things for a commercial

 

purpose, it must do them through—

 

(a)    

a company within the meaning given by section 1(1) of the

 

Companies Act 2006, or

 

(b)    

a society registered or deemed to be registered under the

 

Cooperative and Community Benefit Societies and Credit

 

Unions Act 1965 or the Industrial and Provident Societies Act

 

(Northern Ireland) 1969.

 

(4)    

Section 98A(1) does not authorise an ITA to do things for a commercial

 

purpose in relation to a person if a statutory provision requires the

 

authority to do those things in relation to the person.

 

(5)    

Section 98A(1) does not authorise an ITA to borrow money.

 

(6)    

In this section—

 

    

“post-commencement limitation” means a prohibition, restriction or

 

other limitation imposed by a statutory provision that—

 

(a)    

is contained in an Act passed after the end of the Session in

 

which the Localism Act 2011 is passed, or

 

(b)    

is contained in an instrument made under an Act and comes into

 

force on or after the commencement of section 98A(1);

 

    

“pre-commencement limitation” means a prohibition, restriction or other

 

limitation imposed by a statutory provision that—

 

(a)    

is contained in an Act passed no later than the end of the Session

 

in which the Localism Act 2011 is passed, or

 

(b)    

is contained in an instrument made under an Act and comes into

 

force before the commencement of section 98A(1);

 

    

“pre-commencement power” means power conferred by a statutory

 

provision that—

 

(a)    

is contained in an Act passed no later than the end of the Session

 

in which the Localism Act 2011 is passed, or

 

(b)    

is contained in an instrument made under an Act and comes into

 

force before the commencement of section 98A(1);

 

    

“statutory provision” means a provision of an Act or of an instrument

 

made under an Act.

 

98C    

Power to make a provision supplemental to section 98A

 

(1)    

If the Secretary of State thinks that a statutory provision (whenever

 

passed or made) prevents or restricts ITAs from exercising power

 

conferred by section 98A(1) the Secretary of State may by order amend,

 

repeal, revoke or disapply that provision.


 
 

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(2)    

If the Secretary of State thinks that the power conferred by section

 

98A(1) is overlapped (to any extent) by another power then, for the

 

purpose of removing or reducing that overlap, the Secretary of State may

 

by order amend, repeal, revoke or disapply any statutory provision

 

(whenever passed or made).

 

(3)    

The Secretary of State may by order make provision preventing ITAs

 

from doing under section 98A(1) anything which is specified, or is of a

 

description specified, in the order.

 

(4)    

The Secretary of State may by order provide for the exercise by ITAs of

 

power conferred by section 98A(1) to be subject to conditions, whether

 

generally or in relation to doing anything specified, or of a description

 

specified, in the order.

 

(5)    

The power under subsection (1), (2), (3) or (4) may be exercised in

 

relation to—

 

(a)    

all ITAs,

 

(b)    

particular ITAs, or

 

(c)    

particular descriptions of ITAs.

 

(6)    

Before making an order under subsection (1), (2), (3) or (4) the Secretary

 

of State must (whether before or after the passing of this Act) consult—

 

(a)    

such ITAs,

 

(b)    

such representatives of ITAs, and

 

(c)    

such other persons (if any),

 

    

as the Secretary of State considers appropriate.

 

98D    

Procedure for orders under section 98C

 

(1)    

If, as a result of any consultation required by section 98C(5) with respect

 

to a proposed order under section 98C(1) it appears to the Secretary of

 

State that it is appropriate to change the whole or any part of the Secretary

 

of State’s proposals, the Secretary of State must (whether before or after

 

the passing of this Act) undertake such further consultation with respect

 

to the changes as the Secretary of State considers appropriate.

 

(2)    

If, after the conclusion of the consulation required by section 98C(5) and

 

subsection (1), the Secretary of State considers it appropriate to proceed

 

with the making of an order under section 98C(1) the Secretary of State

 

must lay before Parliament—

 

(a)    

a draft of the order, and

 

(b)    

an explanatory document explaining the proposals and giving

 

details of—

 

(i)    

any consultation undertaken under section 98C(5) and

 

subsection (1),

 

(ii)    

any representations received as a result of the

 

consultation, and

 

(iii)    

the changes (if any) made as a result of those

 

representations.

 

(3)    

Sections 15 to 19 of the Legislative and Regulatory Reform Act 2006

 

(choosing between negative, affirmative and super-affirmative

 

parliamentary procedure) are to apply in relation to an explanatory

 

document and draft order laid under subsection (2) but as if—

 

(a)    

section 18(11) of that Act were omitted,


 
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Revised 11 March 2011