Session 2010 - 12
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Consideration of Bill: 18 May 2011

2223

Localism Bill, continued

“190	Duties to persons becoming homeless intentionally or who are not in

priority need.

(1)	This section applies where the local housing authority is satisfied that an

applicant is homeless and is eligible for assistance but are also satisfied

that he became homeless intentionally.

(2)	The local authority must—

(a)	secure that accommodation is available for his occupation for

such period as it considers will give him a reasonable

opportunity of securing accommodation for his occupation, and

(b)	provide him with (or secure that he is provided with) advice and

assistance in any attempts he may make to secure that

accommodation becomes available for his occupation.

(3)	The applicant’s housing needs shall be assessed before advice and

assistance is provided under subsection (2)(b).

(4)	The advice and assistance provided under subsection (2)(b) must include

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

of accommodation appropriate to the applicant’s housing needs

(including, in particular, the location and sources of such types of

accommodation).”.

(2B)	Omit section 192.’.

Barbara Keeley

Alison Seabeck

Jack Dromey

274

Page  111,  line  39  [Clause  125],  leave out ‘two’ and insert ‘five’.

Barbara Keeley

Alison Seabeck

Jack Dromey

275

Page  112,  line  12  [Clause  125],  leave out ‘two’ and insert ‘five’.

Barbara Keeley

Alison Seabeck

Jack Dromey

276

Page  112,  line  34  [Clause  125],  leave out subsection (6).

Consideration of Bill: 18 May 2011

2224

Localism Bill, continued

Mr Nick Raynsford

361

Page  113,  line  15  [Clause  126],  at end insert—

‘(1A)

In preparing its tenancy strategy a local authority must ensure that to the greatest

extent possible, tenancies granted in its area provide security of tenure so as to

support and develop stable and confident communities.’.

Mr Nick Raynsford

363

Page  114,  line  19,  leave out Clause 128.

Barbara Keeley

Alison Seabeck

Jack Dromey

13

Page  114,  line  36,  leave out Clause 130.

Barbara Keeley

Alison Seabeck

Jack Dromey

271

Page  115,  line  7  [Clause  130],  at end insert—

‘(2A)

Subsection (2) shall not apply to a secure tenancy if immediately before the

tenancy was granted the person who became the tenant under the tenancy, or in

the case of joint tenants, one or more of them was—

(a)	a secure tenant of the same or another dwelling-house, or

(b)	an assured tenant of a private registered provider of social housing or a

registered social landlord (otherwise than under an assured shorthold

tenancy) in respect of the same or another dwelling-house.’.

Barbara Keeley

Alison Seabeck

Jack Dromey

272

Page  116,  line  33  [Clause  130],  leave out from beginning to end of line 30 on page

117 and insert—

‘sections 83 to 85A of the Housing Act 1985 shall apply equally to Flexible

Tenancies and references to secure tenancies in those sections shall be read

accordingly.’.

Mr Nick Raynsford

362

Page  116,  line  33  [Clause  130],  after ‘Subject’, insert ‘to the discretion of the court,

in circumstances where the tenant has made representations against the granting of

Consideration of Bill: 18 May 2011

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Localism Bill, continued

possession, not to make an order if it considers that order disproportionate, and subject’.

Barbara Keeley

Alison Seabeck

Jack Dromey

14

Page  118,  line  19,  leave out Clause 131.

Barbara Keeley

Alison Seabeck

Jack Dromey

277

Page  121,  line  36  [Clause  134],  at end insert—

‘(c)	or P is another member of the tenant’s family and has resided with the

tenant throughout the period of 12 months ending with the tenant’s

death.’.

Secretary Eric Pickles

191

Page  121,  line  36  [Clause  134],  at end insert—

‘(1A)

A person (“P”) is qualified to succeed the tenant under a secure tenancy of a

dwelling-house in England if—

(a)	at the time of the tenant’s death the dwelling-house is not occupied by a

spouse or civil partner of the tenant as his or her only or principal home,

(b)	an express term of the tenancy makes provision for a person other than

such a spouse or civil partner of the tenant to succeed to the tenancy, and

(c)	P’s succession is in accordance with that term.’.

Secretary Eric Pickles

192

Page  121,  line  37  [Clause  134],  after ‘(1)’, insert ‘or (1A)’.

Secretary Eric Pickles

193

Page  121,  line  39  [Clause  134],  leave out ‘(whether or not the tenant’s spouse or

civil partner)’.

Secretary Eric Pickles

194

Page  122,  line  40  [Clause  135],  at end insert—

‘(1ZA)

Subject to subsection (1B), in any case where—

(a)	there is an assured periodic tenancy of a dwelling-house in England under

which—

Consideration of Bill: 18 May 2011

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Localism Bill, continued

(i)	the landlord is a private registered provider of social housing,

and

(ii)	the tenant is a sole tenant,

(b)	the tenant under the tenancy dies,

(c)	immediately before the death, the dwelling-house was not occupied by a

spouse or civil partner of the tenant as his or her only or principal home,

(d)	an express term of the tenancy makes provision for a person other than

such a spouse or civil partner of the tenant to succeed to the tenancy, and

(e)	there is a person whose succession is in accordance with that term,

then, on the death, the tenancy vests by virtue of this section in that person (and,

accordingly, does not devolve under the tenant’s will or intestacy).’.

Secretary Eric Pickles

195

Page  123,  line  10  [Clause  135],  at end insert—

‘(1ZA)

Subject to subsection (1B), in any case where—

(a)	there is an assured tenancy of a dwelling-house in England for a fixed

term of not less than two years under which—

(i)	the landlord is a private registered provider of social housing,

and

(ii)	the tenant is a sole tenant,

(b)	the tenant under the tenancy dies,

(c)	immediately before the death, the dwelling-house was not occupied by a

spouse or civil partner of the tenant as his or her only or principal home,

(d)	an express term of the tenancy makes provision for a person other than

such a spouse or civil partner of the tenant to succeed to the tenancy, and

(e)	there is a person whose succession is in accordance with that term,

then, on the death, the tenancy vests by virtue of this section in that person (and

accordingly does not devolve under the tenant’s will or intestacy).’.

Secretary Eric Pickles

196

Page  123,  line  11  [Clause  135],  leave out ‘or’ and insert ‘, (1ZA),’.

Secretary Eric Pickles

197

Page  123,  line  11  [Clause  135],  after ‘(1A)’, insert ‘or (1AA)’.

Secretary Eric Pickles

198

Page  123,  line  14  [Clause  135],  leave out ‘(whether or not the tenant’s spouse or

civil partner)’ and insert ‘(and, accordingly, does not devolve under the tenant’s will or

intestacy)’.

Secretary Eric Pickles

199

Page  123,  line  19  [Clause  135],  leave out from ‘housing’ to end of line 20.

Consideration of Bill: 18 May 2011

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Localism Bill, continued

Secretary Eric Pickles

200

Page  123,  line  23  [Clause  135],  at end insert—

‘(4A)

In subsection (5) after “(1)(b)” insert “or (1A)(c)”.’.

Secretary Eric Pickles

201

Page  123,  line  26  [Clause  135],  after ‘subsection’, insert ‘(1ZA), (1AA) or’.

Secretary Eric Pickles

202

Page  125,  line  11  [Clause  139],  at end insert ‘that—

(i)	is not a shared ownership lease, and

(ii)

is’.

Secretary Eric Pickles

203

Page  125,  line  12  [Clause  139],  at end insert—

‘(1B)

In subsection (1A)—

“assured tenancy” has the same meaning as in Part 1 of the Housing Act

1988;

“secure tenancy” has the meaning given by section 79 of the Housing Act

1985; and

“shared ownership lease” means a lease—

(c)	granted on payment of a premium calculated by reference to a

percentage of the value of the dwelling-house or of the cost of

providing it, or

(d)	under which the lessee (or the lessee’s personal representatives)

will or may be entitled to a sum calculated by reference, directly

or indirectly, to the value of the dwelling-house.”’.

Mr Nick Raynsford

364

Page  128,  line  35,  leave out Clause 148.

Secretary Eric Pickles

204

Page  130,  line  4,  leave out Clause 152.

Consideration of Bill: 18 May 2011

2228

Localism Bill, continued

Barbara Keeley

Alison Seabeck

Jack Dromey

278

Page  130,  line  18,  leave out Clause 153.

Remaining New Clauses

Pre-commencement consultation

Secretary Eric Pickles

NC22

To move the following Clause:—

‘(1)	Subsections (2) and (3) apply for the purpose of determining whether there has

been compliance with—

(a)	a requirement for consultation imposed by this Act,

(b)	a requirement for consultation which applies in relation to things done

under an Act amended by this Act, or

(c)	a requirement (whether or not imposed by this Act) to do something in

connection with a consultation under a requirement within paragraph (a)

or (b).

(2)	The fact that a provision of this Act was not in force when consultation took place

or anything was done in connection with a consultation is to be disregarded in

determining whether there has been compliance with the requirement.

(3)	The fact that consultation was carried out by a body from whom functions are

transferred by this Act, or anything was done by such a body in connection with

a consultation, is to be disregarded in determining whether there has been

compliance with the requirement by a body to whom those functions are

transferred.

(4)	Subsection (3) is without prejudice to any other provision of this Act that applies

to the transfer.

(5)	References in this section to a requirement imposed by this Act include a

requirement imposed by another Act as a result of its amendment by this Act.’.

Litter deposited from motor vehicles

Ian Mearns

NC23

To move the following Clause:—

‘In Part IV of the Environmental Protection Act 1990 (litter etc) in section 87

(offence of leaving litter) after subsection (7) insert—

“(8)	Where litter is deposited from a motor vehicle, the person in charge of the

vehicle shall, for the purposes of subsection (1) above, be treated as

Consideration of Bill: 18 May 2011

2229

Localism Bill, continued

having deposited the litter whether or not he gave any instructions for this

to be done.

(9)	The registered keeper of a vehicle shall, for the purposes of subsection

(8) above, be deemed to be the person in charge of the vehicle unless

within twenty one days of receipt of the summons for an offence

prosecuted by virtue of subsection (8) above the registered keeper

provides in writing to the prosecutor notification of such identifying

details as are available to him of any other person he claims to have been

the person in charge of the vehicle at the relevant time.

(10)	For the purposes of subsection (8) above a constable or an authorised

officer of a principal litter authority may by notice in writing served on

him, require any person to furnish such information specified in the

notice as may reasonably be required to ascertain the person in charge of

the vehicle at the relevant time, in such form and within such period,

being not less than fourteen days following service of the notice, as is so

specified.

(11)	It is an offence for a person, without reasonable excuse to fail to comply

with any requirement imposed under subsection (10) above.”’.

Street litter notices

Gordon Henderson

NC33

To move the following Clause:—

‘(1)	In Part 4 of the Environmental Protection Act 1990 (litter etc.) in section 93(2)

after “unoccupied” insert “or where there is multiple occupancy”.

(2)	In Part 4 of the Environmental Protection Act 1990 (litter etc.) in section 94(1)(a)

omit “commercial or retail premises” and insert “premium other than dwellings”.

Protection of businesses and non-domestic users of buildings from complaints

Simon Hughes

NC38

To move the following Clause:—

‘(1)	The Environmental Protection Act 1990 is amended as follows.

(2)	After section 80(2) insert—

“2AA (1)

Except that a local authority must not issue an abatement notice to a

business, place of worship or other non-domestic user of land for a

statutory nuisance falling within section 79(1)(g) if the following

conditions are met.

(2)	The first condition is that the relevant premises was already in use for

the same purpose at the time when the complainant became a local

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