MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE

[Amendments marked * are new or have been altered]

Amendment
No.

"(7)	In the case of accommodation not under the control of the authority, no steps shall be taken under subsection (6) unless all persons having an interest in the property in which the accommodation is located are in agreement with those steps.""

"202A Section 202: reviews

(1)	This section applies where an applicant has the right to request a review of a decision by an authority or authorities under section 202.

(2)	If the applicant is dissatisfied with a decision by the authority—

(a)	not to exercise their power to continue to secure that accommodation is available for the applicant's occupation pending a review under section 188;

(b)

in a case where the authority have secured that accommodation is available for the applicant's occupation under section 190(2)(a), to cease to secure that accommodation is so available before the time available to the applicant to bring an appeal under section 204 has expired (or, if sooner, the day on which an appeal is brought by the applicant);

(c)	not to exercise their power to secure that accommodation is available for the applicant's occupation pending a review, under section 200(5); or

(d)

to exercise their power under either section 188 or 200(5) for a limited time ending before the time available to the applicant to bring an appeal under section 204 has expired (or, if sooner, the day on which an appeal is brought by the applicant) or, in either case, to cease exercising their power before that time,

he may appeal to the county court against the decision.

(3)	An appeal under this section may not be brought after the time available to the applicant to bring an appeal under section 204 has expired (or, if sooner, after the date on which an appeal is brought).

(4)	On an appeal under this section, the court—

(a)	may order the authority to secure that accommodation is available for the applicant's occupation until the time available to the applicant to bring an appeal under section 204 has expired (or such earlier time as the court may specify); and

(b)	shall confirm or quash the decision appealed against,

and in considering whether to confirm or quash the decision the court shall apply the principles applied by the High Court on an application for judicial review.

(5)	If the court quashes the decision it may order the authority to exercise any of the powers mentioned in subsection (2) in the applicant's case for such period as may be specified in the order.

(6)	An order under subsection (5)—

(a)	may only be made if the court is satisfied that failure to exercise the power in accordance with the order would substantially prejudice the applicant's ability to pursue the review against the authority's decision in his case;

(b)	may not specify any period ending after the time available to the applicant to bring an appeal under section 204 has expired.""

"The authority may secure or continue to secure that accommodation is available for the applicant's occupation pending a decision on a review of any decision under this Part."

"(4)	The authority may secure or continue to secure that accommodation is available for the applicant's occupation—

(a)	during the period for appealing under this section against the authority's decision, and

(b)	if an appeal is brought, until the appeal (and any further appeal) is finally determined.""

"(4)   In any case where the local housing authority are advised by a social services authority that a child who is in need within the meaning of section 17(10) of the Children Act 1989 (c. 41) resides with an applicant to whom they have secured that accommodation is available under subsection (2) above, they shall—

(a)

continue to secure that accommodation is available for the occupation of the applicant and any such child for so long as the social services authority advise them that accommodation is required to enable the social services authority to provide services to such a child to promote or safeguard the child's welfare; or

(b)	provide such assistance to the social services authority as shall enable the applicant to secure that accommodation becomes available from some other person.""

"(1)	In determining for the purposes of this Part whether accommodation is suitable for a person, accommodation shall only be regarded as suitable if—

(a)	it is not overcrowded (within the meaning of section 324 (definition of overcrowding) of the Housing Act 1985 (c. 68));

(b)

it is fit for the number of occupants and it has adequate means of escape from fire (within the meaning of sections 352 (power to require execution of works to render premises fit for number of occupants) and 365 (means of escape from fire: general provisions as to exercise of powers) of the Housing Act 1985); and

(c)	in the view of the authority it is fit for human habitation (within the meaning of section 604 (fitness for human habitation) of the Housing Act 1985).""