Housing and Regeneration Bill
FOURTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 30th April 2008, as follows—
Clauses 10 and 11
Schedule 3
Clause 12
Schedule 4
Clauses 13 to 52
Schedule 5
Clause 53
Schedules 6 and 7
Clauses 54 to 58
Schedule 8
Clauses 59 to 284
Schedule 9 | Clauses 285 to 298
Schedule 10
Clauses 299 to 302
Schedule 11
Clauses 303 and 304
Schedule 12
Clauses 305 to 310
Schedule 13
Clauses 311 to 319
Schedule 14
Clauses 320 to 324 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 58 | Insert the following new Clause— |
| | "Duty of the Homes and Communities Agency to provide allotments |
| (1) | If a need is demonstrated to the HCA that there is a demand for allotments in a borough, urban district, or parish in which it is exercising its powers under sections 5 to 7, the HCA shall provide a sufficient number of allotments, and shall let such allotments to persons resident in the borough, district or parish and desiring to take the same. |
| (2) | For the purposes of subsection (1), the HCA shall consult with the council of the relevant borough, urban district or parish in order to determine whether there is a demand for allotments. |
| (3) | On a representation in writing to the HCA or the council of the relevant borough, urban district, or parish by any six registered parliamentary electors or persons who are liable to pay an amount in respect of council tax resident in the borough, urban district or parish that the circumstances of the borough, urban district or parish are such that there is demand for allotments, the council and HCA shall take such representation into consideration. |
| 1820 | (4) Where the HCA provides such allotments, it shall maintain a waiting list and manage the allotments under the same provisions as if it were a local authority." |
| | [As an amendment to amendment 58] |
| 59 | Line 18, leave out from "shall" to end of line 20 and insert "make arrangements with the local authority that manages allotments in that area to maintain a waiting list and manage the allotments on its behalf under the provisions that would apply if the allotments were provided by that authority" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 60 | Page 157, line 19, at end insert— |
| "( ) | In carying out its functions, the HCA shall have regard to the desirability of conserving designated landscape (including Areas of Outstanding Natural Beauty ("AONB") and National Parks), open spaces, village greens, common land and allotments, and shall ensure that its plans and activities fully respect the purposes and objectives of AONB and National Park designations." |
| 61 | Page 157, line 19, at end insert— |
| "( ) | The HCA shall ensure that its plans and activities fully respect the purposes and objectives of Green Belt designation." |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 62 | Page 158, line 22, leave out paragraphs 3 to 18 |
| 63 | Page 158, line 30, leave out from beginning to end of line 43 on page 161 and insert— |
| "(2) | The procedure shall be in accordance with Schedule 14 to the Town and Country Planning Act 1990 (c. 8) as if the order were to be submitted to the Secretary of State under section 258 of that Act." |
| 64 | Page 160, leave out lines 11 to 16 |
| 64A | Page 162, line 3, leave out paragraphs 19 to 26 |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 65 | Page 164, line 32, leave out "despite" and insert "and with" |
| 66 | Page 164, line 38, at end insert— |
| "(4) | Sub-paragraph (5) applies where the land is or may be acquired by the HCA by agreement without the use of compulsory powers. |
| (5) | The land shall not be used in accordance with sub-paragraph (2) unless the consent of the Secretary of State is obtained. |
| (6) | Section 19 of the Acquisition of Land Act 1981 (c. 67) (special provision with respect to compulsory purchase orders under that Act relating to part of a common, open space or fuel or field garden allotment) shall apply to a consent under sub-paragraph (5) as it applies to a compulsory purchase order under that Act." |
| 66A | Page 169, line 33, leave out paragraphs 16 to 27 |
| 67 | Page 5, line 10, leave out "The Secretary of State" and insert "A local planning authority" |
| 68 | Page 5, line 11, leave out "Secretary of State" and insert "local planning authority" |
| 68A | Page 5, line 13, leave out paragraph (b) and insert— |
| "(b) | the condition in subsection (2) is met." |
| 68B | Page 5, line 14, leave out "Condition 1" and insert "The Condition" |
| 68C | Page 5, line 14, leave out "appropriate" and insert "necessary" |
| 68D | Page 5, line 19, leave out subsection (3) |
| 68E | Page 5, line 25, leave out from beginning to "may" |
| 68F | Page 5, line 26, leave out from "14" to end of line 31 |
| 69 | Page 5, line 32, leave out "The Secretary of State" and insert "A local planning authority" |
| 70 | Page 5, line 36, at end insert— |
| "( ) | Before making a designation order the Secretary of State must give reasons for so doing." |
| 71 | Page 6, line 14, at end insert "and" |
| 71A | Page 6, line 15, leave out paragraph (c) |
| 72 | Page 6, line 15, leave out from "2004," to end of line 16 |
| 73 | Page 6, line 23, at end insert— |
| "( ) | The Secretary of State may only make an order under subsection (1) with the consent of the local planning authority or authorities responsible for the designated area." |
| 73A | Page 6, line 23, at end insert— |
| "( ) | The Secretary of State may only make an order under subsection (1) if there is no development plan in force for the area." |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 13 stand part of the Bill. |
| 73B | Page 6, line 35, leave out paragraph (b) |
| 73C | Page 6, line 37, at end insert— |
| "( ) | The order shall provide that where the HCA is the local planning authority for the whole or any part of the designated area it shall comply with any development plan in force." |
| 73D | Page 6, line 39, leave out "make provision about the application of" and insert "apply" |
| 73E | Page 6, line 44, leave out "or concurrently with," |
| 73F | Page 7, line 26, at end insert— |
| "( ) | The HCA's functions as a local planning authority shall not be exercisable by a committee or sub-committee of whom the majority present at the meeting at which the relevant function is exercised are staff of the HCA." |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 14 stand part of the Bill. |
| | Lord Greaves gives notice of his intention to oppose the Question that Clause 15 stand part of the Bill. |
| | Lord Greaves gives notice of his intention to oppose the Question that Clause 16 stand part of the Bill. |
| | Lord Greaves gives notice of his intention to oppose the Question that Clause 17 stand part of the Bill. |
| 73G | Page 9, line 18, leave out from first "area" to end and insert "and that area or any part of it is in the RPB's region" |
| 74 | Page 9, line 20, leave out from "area" to end of line 26 and insert "or part of an area in the RPB's region if it is the local planning authority for that area or part, or for an area which includes that area or part, by virtue of an order of the kind mentioned in section 14(2) of the Housing and Regeneration Act 2008 (designation orders). |
| (4B) | In subsections (4) and (4A) "local planning authority" has the same meaning as in Part 1 of the Housing and Regeneration Act 2008 (see section 13(6) of that Act)."" |
| 75 | Page 9, line 31, after "time" insert "on notice as required in subsection (2)(b)" |
| 75A | Page 10, line 40, at end insert— |
| "( ) | The powers in this section may only be used where the HCA carries out the development which includes the private street." |
| 75B | Page 12, line 6, at end insert— |
| "( ) | Local housing authorities shall be eligible for financial assistance under subsection (1)." |
| 76 | Page 12, line 14, leave out subsection (4) and insert— |
| "( ) | The terms and conditions on which financial assistance is given shall, in particular, include provision as to— |
| (a) | the circumstances in which the assistance must be repaid, or otherwise made good, to the HCA, and the manner in which that is to be done including arrangements in respect of interest and security; |
| (b) | the circumstances in which the HCA is entitled to recover the proceeds or part of the proceeds of any disposal of land or investment in respect of which the assistance was provided. |
| ( ) | Any person receiving financial assistance shall comply with the terms and conditions on which it is given and compliance may be enforced by the HCA." |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 26 stand part of the Bill. |
| 76A | Page 13, line 38, at end insert "subject to regulations made under the Freedom of Information Act 2000 (c. 36)" |
| | Lord Greaves gives notice of his intention to oppose the Question that Clause 30 stand part of the Bill. |
|
