Localism Bill

Session 2010 - 11
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Other Bills before Parliament

Localism Bill

Localism Bill
Schedule 13 — Infrastructure Planning Commission: transfer of functions to Secretary of State
Part 1 — Amendments of the Planning Act 2008
329

      (3)
Omit subsection (7)(b) (Secretary of State to notify Commission).
65
Omit sections 131(10)(b) and 132(10)(b) (Secretary of State to notify
Commission).
66    (1)
Amend section 136 (public rights of way) as follows.
      (2)
In subsection (1) (decision-maker must be satisfied) for “decision-maker”
5
substitute “Secretary of State”.
      (3)
In subsections (4)(b) and (5) (revival of right extinguished in connection with
abandoned acquisition proposal) for “appropriate authority” substitute
“Secretary of State”.
      (4)
Omit subsection (6) (meaning of “appropriate authority”).
10
67
In section 138(4)(a) (decision-maker must be satisfied) for “decision-maker”
substitute “Secretary of State”.
68    (1)
Amend section 147 (Green Belt land) as follows.
      (2)
In subsection (2) (decision-maker’s duty to notify) for “decision-maker”
substitute “Secretary of State”.
15
      (3)
Omit subsection (3) (cases where Secretary of State not decision-maker).
69
In section 235(1) (interpretation of Act) omit the definitions of—
“the Commission”,
“Commissioner”,
“the Council”, and
20
“decision-maker”.
70    (1)
Amend Schedule 4 (corrections of errors in development consent decisions)
as follows.
      (2)
In paragraph 1(1)(a) for “decision-maker” substitute “Secretary of State”.
      (3)
In paragraph 1(4), (5) and (7) for “appropriate authority” (in each place)
25
substitute “Secretary of State”.
      (4)
Omit paragraph 1(9) (instruments made by the Commission).
      (5)
In paragraph 1(10) for “is made, the appropriate authority” substitute
“containing the order is made, the Secretary of State”.
      (6)
In paragraph 2 for “appropriate authority” (in each place) substitute
30
“Secretary of State”.
      (7)
In paragraph 2(4) (Secretary of State may specify other persons to whom
correction notice is to be given) for the words after “may” substitute “give
the correction notice to persons other than those to whom sub-paragraph (3)
requires it to be given.”
35
      (8)
In paragraph 4 omit the definition of “the appropriate authority”.
71    (1)
Amend Schedule 5 (provisions relating to, or to matters ancillary to,
development) as follows.
      (2)
In paragraph 18 (order granting development consent may make provision
for or relating to charging tolls, fares and other charges) after “fares” insert
40
“(including penalty fares)”.

Localism Bill
Schedule 13 — Infrastructure Planning Commission: transfer of functions to Secretary of State
Part 1 — Amendments of the Planning Act 2008
330

      (3)
After paragraph 32 insert—
“32A
The making of byelaws by any person and their enforcement.
32B   (1)
The creation of offences within sub-paragraph (2) in connection
with—
(a)
non-payment of tolls, fares or other charges,
5
(b)
a person’s failure to give the person’s name or address in
accordance with provision relating to penalty fares,
(c)
enforcement of byelaws, or
(d)
construction, improvement, maintenance or management
of a harbour.
10
      (2)
An offence is within this sub-paragraph if—
(a)
it is triable only summarily,
(b)
a person guilty of the offence is not liable to imprisonment,
and
(c)
any fine to which a person guilty of the offence may be
15
liable cannot be higher than level 3 on the standard scale.”
72    (1)
Amend Schedule 6 (changes to, and revocation of, orders) as follows.
      (2)
Omit paragraph 1(4) (meaning of “appropriate authority”).
      (3)
Except in paragraphs 3(6) and (7) and 6(2), for “appropriate authority” (in
each place) substitute “Secretary of State”.
20
      (4)
In paragraph 2(1) for “it” substitute “the Secretary of State”.
      (5)
In paragraph 2(4) for “Commission” substitute “Secretary of State”.
      (6)
Omit paragraph 2(10) (instruments made by Commission).
      (7)
In paragraph 2(11) after “instrument” insert “containing the order”.
      (8)
Omit paragraph 3(6) (cases where Commission is appropriate authority).
25
      (9)
In paragraph 3(7) for “Where the appropriate authority is the Secretary of
State, the” substitute “The”.
     (10)
Omit paragraph 4(8) (instruments made by Commission).
     (11)
In paragraph 4(9) after “instrument” insert “containing the order”.
     (12)
In paragraph 6(2) for the words after “payable to the person” substitute “by
30
the Secretary of State.”
73
In Schedule 12 (application of Act to Scotland: modifications) in paragraph
27 (application of Part 1 of Schedule 5) after “32” insert “, 32B(1)(a), (b) and
(d)”.

Localism Bill
Schedule 13 — Infrastructure Planning Commission: transfer of functions to Secretary of State
Part 2 — Other amendments
331

Part 2
Other amendments
Parliamentary Commissioner Act 1967 (c. 13)
74
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation) omit the entry for the Infrastructure Planning
5
Commission.
House of Commons Disqualification Act 1975 (c. 24)
75
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(bodies of which all members are disqualified) omit the entry for the
Infrastructure Planning Commission.
10
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
76
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (bodies of which all members are disqualified) omit the entry for
the Infrastructure Planning Commission.
Town and Country Planning Act 1990 (c. 8)
15
77    (1)
The Town and Country Planning Act 1990 is amended as follows.
      (2)
In section 106A(11) (modification and discharge of planning obligations:
meaning of “appropriate authority”)—
(a)
in paragraph (aa) (Secretary of State is appropriate authority in
certain development consent cases) omit the words after “any
20
development consent obligation”, and
(b)
omit paragraph (ab) (Commission is appropriate authority in all
other development consent cases).
      (3)
In section 106B(1) (planning obligation appeals otherwise than from
Secretary of State or Commission) omit “or the Infrastructure Planning
25
Commission”.
      (4)
In section 106C (development consent obligations: legal challenges) omit “or
the Infrastructure Planning Commission” (in both places).
Freedom of Information Act 2000 (c. 36)
78
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
30
bodies and offices: general) omit the entry for the Infrastructure Planning
Commission.
Government of Wales Act 2006 (c. 32)
79
In Part 1 of Schedule 7 to the Government of Wales Act 2006 (subjects to
which provisions of Acts of the Assembly may relate) in the exception to
35
paragraph 18 (Town and Country Planning) for “Functions of the
Infrastructure Planning Commission or any of its members under the
Planning Act 2008” substitute “Development consent under the Planning
Act 2008”.

Localism Bill
Schedule 14 — Grounds on which landlord may refuse to surrender and grant tenancies under section 132
332

Schedule 14
Section 133

Grounds on which landlord may refuse to surrender and grant tenancies
under section 132
Ground 1
1
This ground is that any rent lawfully due from a tenant under one of the
5
existing tenancies has not been paid.
Ground 2
2
This ground is that an obligation under one of the existing tenancies has
been broken or not performed.
Ground 3
10
3
This ground is that any of the relevant tenants is subject to an order of the
court for possession of the dwelling-house let on that tenant’s existing
tenancy.
Ground 4
4     (1)
This ground is that either of the following conditions is met.
15
      (2)
The first condition is that—
(a)
proceedings have begun for possession of a dwelling-house let on an
existing tenancy which is a secure tenancy, and
(b)
possession is sought on one or more of grounds 1 to 6 in Part 1 of
Schedule 2 to the Housing Act 1985 (grounds on which possession
20
may be ordered despite absence of suitable accommodation).
      (3)
The second condition is that—
(a)
a notice has been served on a relevant tenant under section 83 of that
Act (notice of proceedings for possession), and
(b)
the notice specifies one or more of those grounds and is still in force.
25
Ground 5
5     (1)
This ground is that either of the following conditions is met.
      (2)
The first condition is that—
(a)
proceedings have begun for possession of a dwelling-house let on an
existing tenancy which is an assured tenancy, and
30
(b)
possession is sought on one or more of the grounds in Part 2 of
Schedule 2 to the Housing Act 1988 (grounds on which the court may
order possession)
      (3)
The second condition is that—
(a)
a notice has been served on a relevant tenant under section 8 of that
35
Act (notice of proceedings for possession), and
(b)
the notice specifies one or more of those grounds and is still in force.

Localism Bill
Schedule 14 — Grounds on which landlord may refuse to surrender and grant tenancies under section 132
333

Ground 6
6     (1)
This ground is that either of the following conditions is met.
      (2)
The first condition is that a relevant order or suspended Ground 2 or 14
possession order is in force in respect of a relevant tenant or a person
residing with a relevant tenant.
5
      (3)
The second condition is that an application is pending before any court for a
relevant order, a demotion order or a Ground 2 or 14 possession order to be
made in respect of a relevant tenant or a person residing with a relevant
tenant.
      (4)
In this paragraph—
10
a “relevant order” means—
(a)
an injunction under section 152 of the Housing Act 1996
(injunctions against anti-social behaviour),
(b)
an injunction to which a power of arrest is attached by virtue
of section 153 of that Act (other injunctions against anti-social
15
behaviour),
(c)
an injunction under section 153A, 153B or 153D of that Act
(injunctions against anti-social behaviour on application of
certain social landlords),
(d)
an anti-social behaviour order under section 1 of the Crime
20
and Disorder Act 1998, or
(e)
an injunction to which the power of arrest is attached by
virtue of section 91 of the Anti-social Behaviour Act 2003;
a “demotion order” means a demotion order under section 82A of the
Housing Act 1985 or section 6A of the Housing Act 1988;
25
a “Ground 2 or 14 possession order” means an order for possession
under Ground 2 in Schedule 2 to the Housing Act 1985 or Ground 14
in Schedule 2 to the Housing Act 1988.
Ground 7
7
This ground is that the accommodation afforded by the dwelling-house
30
proposed to be let on the new tenancy is substantially more extensive than
is reasonably required by the existing tenant or tenants to whom the tenancy
is proposed to be granted.
Ground 8
8
This ground is that the extent of the accommodation afforded by the
35
dwelling-house proposed to be let on the new tenancy is not reasonably
suitable to the needs of—
(a)
the existing tenant or tenants to whom the tenancy is proposed to be
granted, and
(b)
the family of that tenant or those tenants.
40
Ground 9
9     (1)
This ground is that the dwelling house proposed to be let on the new
tenancy meets both of the following conditions.

Localism Bill
Schedule 14 — Grounds on which landlord may refuse to surrender and grant tenancies under section 132
334

      (2)
The first condition is that the dwelling-house forms part of or is within the
curtilage of a building that, or so much of it as is held by the landlord—
(a)
is held mainly for purposes other than housing purposes, and
(b)
consists mainly of accommodation other than housing
accommodation, or is situated in a cemetery.
5
      (3)
The second condition is that the dwelling-house was let to any tenant under
the existing tenancy of that dwelling-house, or a predecessor in title of the
tenant, in consequence of the tenant or the predecessor being in the
employment of—
(a)
the landlord under the tenancy,
10
(b)
a local authority,
(c)
a development corporation,
(d)
a housing action trust,
(e)
an urban development corporation, or
(f)
the governors of an aided school.
15
Ground 10
10
This ground is that the landlord is a charity and the occupation of the
dwelling-house proposed to be let on the new tenancy by the relevant tenant
or tenants to whom the new tenancy is proposed to be granted would
conflict with the objects of the charity.
20
Ground 11
11    (1)
This ground is that both of the following conditions are met.
      (2)
The first condition is that the dwelling-house proposed to be let on the new
tenancy has features that—
(a)
are substantially different from those of ordinary dwelling-houses,
25
and
(b)
are designed to make it suitable for occupation by a physically
disabled person who requires accommodation of the kind provided
by the dwelling-house.
      (3)
The second condition is that if the new tenancy were granted there would no
30
longer be such a person residing in the dwelling-house.
Ground 12
12    (1)
This ground is that both of the following conditions are met.
      (2)
The first condition is that the landlord is a housing association or housing
trust which lets dwelling-houses only for occupation (alone or with others)
35
by persons whose circumstances (other than merely financial circumstances)
make it especially difficult for them to meet their need for housing.
      (3)
The second condition is that, if the new tenancy were granted, there would
no longer be such a person residing in the dwelling-house proposed to be let
on the new tenancy.
40
Ground 13
13    (1)
This ground is that all of the following conditions are met.

Localism Bill
Schedule 15 — Abolition of Housing Revenue Account subsidy in England
335

      (2)
The first condition is that the dwelling-house proposed to be let on the new
tenancy is one of a group of dwelling-houses which it is the practice of the
landlord to let for occupation by persons with special needs.
      (3)
The second condition is that a social service or special facility is provided in
close proximity to the group of dwelling-houses to assist persons with those
5
special needs.
      (4)
The third condition is that if the new tenancy were granted there would no
longer be a person with those special needs residing in the dwelling-house.
Ground 14
14    (1)
This ground is that all of the following conditions are met.
10
      (2)
The first condition is that—
(a)
the dwelling-house proposed to be let on the new tenancy is the
subject of a management agreement under which the manager is a
housing association, and
(b)
at least half the members of the association are tenants of dwelling-
15
houses subject to the agreement.
      (3)
The second condition is that at least half the tenants of the dwelling-houses
are members of the association.
      (4)
The third condition is that no relevant tenant to whom the new tenancy is
proposed to be granted is, or is willing to become, a member of the
20
association.
      (5)
References in this paragraph to a management agreement include a section
247 or 249 arrangement as defined by 250A(6) of the Housing and
Regeneration Act 2008.
Schedule 15
25
Section 140

Abolition of Housing Revenue Account subsidy in England
1
Part 6 of the Local Government and Housing Act 1989 (housing finance) is
amended as follows.
2     (1)
Section 79 (Housing Revenue Account subsidy) is amended as follows.
      (2)
In subsection (1) after “local housing authorities” insert “in Wales”.
30
      (3)
In subsection (2) for “appropriate person” in both places substitute “Welsh
Ministers”.
3     (1)
Section 80 (calculation of Housing Revenue Account Subsidy) is amended as
follows.
      (2)
In subsection (1)—
35
(a)
after “local housing authority” insert “in Wales”, and
(b)
for “appropriate person” substitute “Welsh Ministers”.
      (3)
In subsection (1A), in paragraph (b)—