House of Lords portcullis
House of Lords

Publications on the internet
Other Public Bills before Parliament
Bill Home Page

Housing and Regeneration Bill


NINTH
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 293 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.

 

Clause 293

 

LORD WHITTY

 

LORD GREAVES

113Page 124, line 19, leave out from "ballot" to "; or" in line 20 and insert "in accordance with the code of practice set out in section (Consultation principles);"
113A[Withdrawn]
 

LORD MAWSON

113BPage 124, line 33, after "to" insert—
"(a)  "
113CPage 124, line 34, at end insert—
"(b)  an authority that can demonstrate that the disposal was part of its manifesto at the previous local election, or
(c)  an authority that can demonstrate that it has tested the opinion of local residents on the disposal by other means."
 

After Clause 293

 

LORD WHITTY

 

LORD GREAVES

114Insert the following new Clause—
  "Consultation principles
(1)  The Secretary of State shall, by regulations made by statutory instrument, set out a code of practice to govern local authority consultations with tenants concerning—
(a)  a change of landlord, or
(b)  a major change in the management of their homes.
(2)  Regulations made under subsection (1) shall require the local authority to—
(a)  place in the public domain all relevant information as is necessary for them to influence or control the management of their accommodation and environment including the resources available to the authority to spend on its stock, stock conditions surveys, the business plan of the proposed landlord, the transfer valuation, details of any land and property to be disposed of, and any other information on which the offer document and transfer proposal is based;
(b)  ensure at the start of the consultation that all tenants are aware of their rights to access information as set out under paragraph (a);
(c)  ensure that material it produces is objective, balanced, informative, and accurate;
(d)  provide the same resources for any tenant group who serves written notice on the authority opposing a proposal so that they can put an alternative view to tenants;
(e)  not deny any reasonable request from any group under paragraph (d) for lists of addresses and access to notice boards, meeting facilities and other relevant resources to enable all parties to communicate with those entitled to vote;
(f)  give two months notice of—
(i)  the start and end date of the ballot, and
(ii)  how those eligible will be able to vote; and
(g)  ensure that information regarding who has voted at any point in time is treated in confidence;
(h)  not exceed spending limits for these consultations as may be determined by the Secretary of State.
(3)  Compliance with the limits set out in subsection (2)(h) above shall be subject to certification by the District Auditor."
 

Clause 296

 

BARONESS JONES OF WHITCHURCH

 

BARONESS HAMWEE

114APage 127, line 24, at end insert—
"(3A)  In this paragraph, "behaviour support services" means support services to be provided by a person or agency to the new tenant or to any person who is to reside with the new tenant which are set out in a support plan devised following an assessment of the support needs of the household.
(3B)  It shall be a term of the agreement for the family intervention tenancy that the landlord shall provide, or arrange for the provision of, the services detailed in the support plan referred to in sub-paragraph (3A).
(3C)  The support plan shall specify the nature and degree (including the frequency of involvement) of the services to be provided and shall be agreed with the new tenant prior to the commencement of the new tenancy.
(3D)  In devising or approving the support plan, the landlord shall have regard to guidance issued by the appropriate national authority which may include model forms of provision."
 

BARONESS ANDREWS

114AZAPage 128, line 9, at end insert—
"(9A)  A statutory instrument containing (whether alone or with other provision) regulations under this paragraph which amend or repeal any of paragraphs (a) to (f) of sub-paragraph (5) may not be made—
(a)  by the Secretary of State unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament; and
(b)  by the Welsh Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales."
114AZBPage 128, line 10, at beginning insert "Subject to this,"
 

LORD DIXON-SMITH

 

EARL CATHCART

114AAPage 128, line 15, at end insert "; and
(c)  which amends sub-paragraph (5)(a) to (f) is subject to the affirmative procedure"
 

BARONESS JONES OF WHITCHURCH

114BPage 129, line 6, at end insert—
"(3A)  In this paragraph, "behaviour support services" means support services to be provided by a person or agency to the new tenant or to any person who is to reside with the new tenant which are set out in a support plan devised following an assessment of the support needs of the household.
(3B)  It shall be a term of the agreement for the family intervention tenancy that the landlord shall provide, or arrange for the provision of, the services detailed in the support plan referred to in sub-paragraph (3A).
(3C)  The support plan shall specify the nature and degree (including the frequency of involvement) of the services to be provided and shall be agreed with the new tenant prior to the commencement of the new tenancy.
(3D)  In devising or approving the support plan, the landlord shall have regard to guidance issued by the appropriate national authority which may include model forms of provision."
 

BARONESS ANDREWS

114BAPage 129, line 37, at end insert—
"(9A)  A statutory instrument containing (whether alone or with other provision) regulations under this paragraph which amend or repeal any of paragraphs (a) to (f) of sub-paragraph (5) may not be made—
(a)  by the Secretary of State unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament; and
(b)  by the Welsh Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales."
114BBPage 129, line 38, at beginning insert "Subject to this,"
 

Clause 297

 

BARONESS JONES OF WHITCHURCH

 

BARONESS HAMWEE

114CPage 131, line 6, at end insert—
"(d)  specify the requirements for the conduct of a review, including the requirement for evidence from those involved in the provision of behaviour support services."
 

Schedule 10

 

BARONESS ANDREWS

114CAPage 195, line 35, at end insert—
"(4)      Omit subsections (5) and (5A)."
114CBPage 196, line 39, at end insert—
"(4)      Omit subsections (5) and (5A)."
114CCPage 200, line 26, at end insert—
"(   )  are in force on that date,"
114CDPage 202, line 19, after "to" insert "a dwelling-house in"
114CEPage 202, line 20, after "to" insert "a dwelling-house in"
114CFPage 203, line 16, at end insert—
"(2)      For the purposes of the definition of "appropriate national authority" in sub-paragraph (1) a dwelling-house which is partly in England and partly in Wales is to be treated—
(a)  as being in England if it is treated as situated in the area of a billing authority in England by virtue of regulations under section 1(3) of the Local Government Finance Act 1992 (c.14) (council tax in respect of dwellings), and
(b)  as being in Wales if it is treated as situated in the area of a billing authority in Wales by virtue of regulations under that section."
 

Schedule 11

 

BARONESS ANDREWS

114CFAPage 204, line 19, after "which" insert ", subject to subsections (7A) and (7B)"
114CFBPage 204, line 25, at end insert—
"(7A)      The Secretary of State may not make a statutory instrument containing the first regulations made by the Secretary of State under this section unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(7B)      The Welsh Ministers may not make a statutory instrument containing the first regulations made by the Welsh Ministers under this section unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales."
 

Schedule 12

 

BARONESS ANDREWS

114CGPage 209, line 9, at end insert—
"(za)  after "final demolition notice", where it first appears, insert "("the earlier notice")",
(zb)  after "final demolition notice", where it appears for a second time, insert "(and no initial demolition notice)","
114CHPage 209, line 14, leave out "notice"." and insert "final demolition notice (or, as the case may be, the initial demolition notice)".
(4)      After sub-paragraph (9) insert—
"(10)      In sub-paragraph (8) "initial demolition notice" has the meaning given by paragraph 1 of Schedule 5A (initial demolition notices).""
114CJPage 210, line 28, at end insert—
 "      In paragraph 1(4)(b) (initial demolition notices: maximum specified period to carry out demolition) for "five" substitute "seven"."
 

Clause 305

 

BARONESS ANDREWS

114CKPage 136, line 38, at end insert "of the value of the dwelling-house at the relevant time"
114CLPage 137, line 14, after "re-determination" insert "of the value of the dwelling-house at the relevant time"
 

After Clause 311

 

LORD GREAVES

114DInsert the following new Clause—
  "Subsidy arrangements: formula and exclusions
  In section 80 of the Local Government and Housing Act 1989 (c. 42) (calculation of Housing Revenue Account subsidy), after subsection (3) insert—
"(3A)  In determining a formula for the purposes of this section for any year, the Secretary of State shall take into account—
(a)  the resources required properly to manage, maintain and repair houses and other properties within their respective Housing Revenue Accounts,
(b)  research into these matters, and
(c)  the resources required to enable respective authorities to acquire, rehabilitate and build new housing to be held within their Housing Revenue Accounts that contributes to meeting the need for affordable housing within their respective areas.""
 

BARONESS HAMWEE

 

LORD GREAVES

114EInsert the following new Clause—
  "Orders for repossession
(1)  Section 7 of the Housing Act 1988 (c. 50) (orders for possession) is amended as follows.
(2)  In subsection (3), at the beginning insert "Subject to subsection (3A),".
(3)  In subsection (3), for "subsections (5A) and (6)" substitute "subsections (5A), (6) and (6A)".
(4)  After subsection (3) insert—
"(3A)  Ground 8 in Part I of Schedule 2 shall not be used in possession proceedings brought by registered providers of social housing, as defined in section 79 of the Housing and Regeneration Act 2008."
(5)  In subsection (4), for "subsections (5A) and (6)" substitute "subsections (5A), (6) and (6A)".
(6)  After subsection (6) insert—
"(6A)  If the court is satisfied—
(a)  that Ground 8 in Part I of Schedule 2 to this Act is established; and
(b)  that some part of the rent is in arrears as a consequence of a delay or failure in the payment of relevant housing benefit, it shall not make an order for possession unless it considers it reasonable to do so."
(7)  After subsection (7) insert—
"(8)  In subsection (6A) above—
(a)  "relevant housing benefit" means—
(i)  any rent allowance or rent rebate to which the tenant was entitled in respect of the rent under the Housing Benefit Regulations 2006; or
(ii)  any payment on account of any such entitlement awarded under Regulation 93 of those Regulations;
(b)  references to delay or failure in the payment of relevant housing benefit do not include such delay or failure so far as referable to any wilful act or omission of the tenant.""
 

BARONESS HAMWEE

114FInsert the following new Clause—
  "Prohibition of eviction without notice
  The Civil Procedure Rules shall provide that no order for possession, whether made in the County Court or the High Court or in any other court of civil jurisdiction, shall be capable of being enforced without the appropriate court first granting permission to issue a warrant of possession to a party who has applied, on-notice to the occupying party, for such permission."

 
continue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2008
20 June 2008