Housing and Planning Bill

Written evidence from the Department for Communities and Local Government on the application of Standing Order 83L to the Housing and Planning Bill as amended (HPB 136)

The Bill on Introduction

The following is the Department’s assessment of the Bill at introduction.

Territorial application

1. Apart from the matters mentioned in paragraphs 2 to 4 below, the Bill as introduced applies to England.

2. Clauses 89 and 140 to 145 apply to the whole of the UK.

3. Clauses 59, 71, 85, 90, 91,111 to 139 and Schedules 5 and 7 to 11 apply to England and Wales.

Other references to devolved legislatures

4. There are other references to, or possible effects on, other jurisdictions, but these references or effects are minor or consequential in nature. For example:

(a) Clause 102 has a reference to Wales to make clear that the new provisions relating to permission in principle do not apply in Wales.

(b) In clauses 108 and 109, consequential changes are made to the law of Scotland and to the law as it applies in Wales to ensure the changes relating to Urban Development Corporations in England do not take effect in those jurisdictions.

Subject matter and legislative competence of devolved administrations

5. The parts of the Bill that apply to England deal, in general terms, with either housing or planning. Both housing and planning are devolved to the Welsh Assembly under the Government of Wales Act 2006 (Schedule 7, Part 1), and, in relation to Scotland, neither housing nor planning are reserved to the UK Government under the Scotland Act 1998 (Schedule 5). There are examples of both housing and planning legislation made by the devolved administrations: the Planning (Wales) Act 2015, the Housing (Wales) Act 2014, the Planning etc. (Scotland) Act 2006, and the Housing (Scotland) Act 2014.

6. The parts of the Bill that apply to England and Wales deal with matters that are within the legislative competence of the Scottish Parliament. In particular, compulsory purchase is not reserved under the Scotland Act 1998 (Schedule 5). Neither are methods for calculating amounts relating to enfranchisement and extension of long leaseholds or methods for calculating redemption prices for rentcharges.

The above assessment is presented in tabular form below. (The table does not deal with clauses 140 to 145, which are general provisions (commencement, short title, etc) that apply to the whole of the UK.)

Provision

England

Wales

Scotland

Northern Ireland

Extends to E & W and applies to England?

Extends to E & W and applies to Wales?

Is the matter devolved in Wales?

Applies to Scotland?

Is the matter devolved in Scotland?

Applies to Northern Ireland?

Is the matter devolved in Northern Ireland?

Clauses 1 to 58, 60 to 70, 72 to 76, 78 to 84, 86 to 88 and 92 to 110 of and Schedules 1 to 4 and 6

Yes

No

Yes

No

Yes

No

Yes

Clauses 59, 71, 85,

Yes

Yes

Yes

No

Yes

No

Yes

Clause 89

Yes

Yes

No

Yes

No

Yes

Yes

Clause 90 and Schedule 5

Yes

Yes

Yes

No

Yes

No

Yes

Clause 91

Yes

Yes

No

No

Yes

No

Yes

Clause 111 – 139 and Schedules 7 to 11

Yes

Yes

No

No

Yes

No

Yes

Commons Stage Committee amendments

The following is the Department’s assessment of the amendments to the Bill made at Commons Committee stage.

Territorial application

7. Apart from the amendments mentioned in paragraphs 8 and 9 below, all of the amendments made at Committee stage apply to England only.

8. Amendments 130 to 135 and 246 to 278 and new clause 18 apply to England and Wales.

Other references to devolved legislatures

9. There are other references to, or possible effects on, other jurisdictions, but these references or effects are minor or consequential in nature. Amendments 180 and 181 refer to Wales for the purpose of clarifying that the amendment made by clause 71 (relating to social housing) does not apply to Wales. New clauses 23 and 32 contain references to Wales to make clear that those provisions do not apply in Wales. Amendments 183 and 184 amend a clause that extends to Scotland (Urban Development Corporations) but the amendment is not intended to have any effect on the law relating to Urban Development Corporations in Scotland.

Subject matter and legislative competence of devolved administrations

10. The amendments that apply to England deal, in general terms, with either housing or planning. As noted in paragraph 5 above, both housing and planning are devolved to the Welsh Assembly and, in relation to Scotland, neither housing nor planning are reserved to the UK Government.

11. The amendments that apply to England and Wales deal with matters that are within the legislative competence of the Scottish Parliament.

The above assessment is presented in tabular form below.

Provision

England

Wales

Scotland

Northern Ireland

Extends to E & W and applies to England?

Extends to E & W and applies to Wales?

Is the matter devolved in Wales?

Applies to Scotland?

Is the matter devolved in Scotland?

Applies to Northern Ireland?

Is the matter devolved in Northern Ireland?

A mendments 130 to 135 and 246 to 278 and NC18

Yes

Yes

No

No

Yes

No

Yes

All other amendments

Yes

No

Yes

No

Yes

No

Yes

December 2015

Prepared 14th December 2015