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back to previous amendments
| 114G | Insert the following new Clause— |
| | "Ineligible persons from abroad: statutory disregards |
| | Schedule (Ineligible persons from abroad: statutory disregards) (which amends Parts 6 and 7 of the Housing Act 1996 in relation to certain ineligible persons from abroad and which makes related provision, including provision for Scotland and Northern Ireland) has effect." |
| 115 | Insert the following new Clause— |
| | "Eligibility for housing assistance |
| | In section 185 of the Housing Act 1996 (c. 52) (persons from abroad not eligible for housing assistance) omit subsection (4)(b)." |
| 115B | Insert the following new Clause— |
| | "Priority need for accommodation in cases of domestic violence |
| | In section 189 of the Housing Act 1996 (c. 52) (priority need for accommodation), after subsection (1)(d) insert— |
| "(e) | a person without dependent children who has been subject to domestic violence, is at risk of such violence or, if he or she were to return home, would be at risk of domestic violence."" |
| 116 | Insert the following new Clause— |
| | "Mobile Homes Act: arbitration |
| (1) | Section 5(1) of the Mobile Homes Act 1983 (c. 34) is amended as follows. |
| (2) | In paragraph (a) of the definition of "the court", the words "or, where the parties have agreed in writing to submit any questions arising under this Act or, as the case may be, any agreement to which it applies to arbitration, the arbitrator" are omitted. |
| (3) | In paragraph (b) of the definition of "the court", the words "or, where the parties have so agreed, the arbiter" are omitted." |
| 116A | Insert the following new Clause— |
| | "Choice-based disability housing register |
| | In section 167 of the Housing Act 1996 (c. 52) (allocation in accordance with allocation scheme), after subsection (2E) insert— |
| "(2F) | Subject to subsection (2), the scheme shall contain provison for the creation of a disability housing register consisting of— |
| (a) | a record of existing or planned accessible residential properties in the local authority area, whether purpose-built or adapted, with details of the access features relating to each property and location details and other residential properties which would otherwise meet the particular requirements of disabled persons; |
| (b) | a record of disabled persons who require such properties; |
| (c) | a service of enabling and supporting disabled persons to bid for properties so recorded; and |
| (d) | a mechanism for ensuring such persons are accorded priority status for such properties within the allocations process. |
| (2G) | For the purposes of this section— |
| | "accessible residential properties" means dwellings, flats and houses in multiple occupation in England and Wales which provide a reasonable means of access in and around the property and ease of use for disabled persons or which may easily be adapted to provide such access and ease of use; |
| | "residential properties which would otherwise meet the particular requirements of disabled persons" means properties which would be suitable, either in terms of their size, particular features or location, for disabled persons who have disability-related requirements other than or in addition to access requirements. |
| (2H) | This section is without prejudice to the right of disabled persons to bid for properties other than those mentioned in subsections (2F) and (2G) above. |
| (2I) | In performing their duties under this section, each local housing authority shall have regard to any guidance given from time to time by the appropriate authority."" |
| 116AA | Insert the following new Clause— |
| | "Amendment to Housing Act 1985: section 324 |
| | For section 324 of the Housing Act 1985 (c. 68) (definition of overcrowding) substitute— |
| | "324 Definition of overcrowding |
| (1) | A dwelling is overcrowded for the purposes of this Part when the number of persons sleeping in the dwelling is such as to contravene— |
| (a) | the standard specified in section 325 ("the bedroom standard"), or |
| (b) | the standard specified in section 326 ("the space standard"). |
| (2) | The Secretary of State shall, not later than five years from the date of commencement of this Act and not later than every five years thereafter, carry out a review of the standards specified in sections 325 and 326 and shall, following every such review, publish a report on their operation."" |
| 116AB | Insert the following new Clause— |
| | "Amendment to Housing Act 1985: section 325 |
| | For section 325 of the Housing Act 1985 (c. 68) (the room standard) substitute— |
| | "325 The bedroom standard |
| (1) | The bedroom standard is contravened when the number of bedrooms available to the occupiers of a dwelling is less than the number of bedrooms allocated to them in aggregate in accordance with the formula set out in subsection (4) below. |
| (2) | No account shall be taken for the purposes of the bedroom standard of a room having a floor area of less than 50 square feet. |
| (3) | A room is available as a bedroom if it is of a type normally used in the locality as a bedroom. |
| (4) | For the purposes of the bedroom standard a separate bedroom shall be allocated to the following persons— |
| (a) | a person living together with another as husband and wife (whether that other person is of the same sex or the opposite sex); |
| (b) | a person aged 21 years or more; |
| (c) | two persons of the same sex aged 10 years to 20 years; |
| (d) | two persons (whether of the same sex or not) aged less than 10 years; |
| (e) | two persons of the same sex where one person is aged between 10 and 20 years and the other is aged less than 10 years; |
| (f) | any person aged under 21 years in any case where he or she cannot be paired wth another occupier of the dwelling so as to fall within paragraph (c), (d) or (e) above."" |
| 116AC | Insert the following new Clause— |
| | "Amendment to Housing Act 1985: section 326 |
| | For section 326 of the Housing Act 1985 (c. 68) (the space standard) substitute— |
| (1) | The space standard is contravened when the number of persons sleeping in a dwelling is in excess of the permitted number, having regard to the floor area of the rooms of the dwelling available as bedrooms. |
| (a) | a child under the age of five shall be reckoned as half a unit and a person aged five or over shall be reckoned as one unit, and |
| (b) | a room is available as a bedroom if it is of a type normally used in the locality as a bedroom. |
| (3) | The permitted number of persons in relation to a dwelling is the aggregate for all such rooms in the dwelling of the numbers specified in column 2 of the Table set out below in relation to each room of the floor area specified in column 1. |
| | No account shall be taken for the purposes of the space standard of a room having a floor area of less than 50 square feet. |
| Floor area of room | Number of persons |
| 90 sq. ft. or more but less than 110 sq. ft. | 1.5 |
| 70 sq. ft. or more but less than 90 sq. ft. | 1 |
| 50 sq. ft. or more but less than 70 sq. ft. | 0.5 |
| (4) | The Secretary of State may by regulations prescribe the manner in which the floor area of a room is to be ascertained for the purposes of this section; and the regulations may provide for the exclusion from computation, or the bringing into computation at a reduced figure, of floor space in a part of the room which is of less than a specified height not exceeding eight feet. |
| (5) | Regulations under subsection (4) shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament. |
| (6) | A certificate of the local housing authority stating the number and floor areas of the rooms in a dwellling, and that the floor areas have been ascertained in the prescribed manner, is prima facie evidence for the purposes of legal proceedings of the facts stated in it."" |
| 116B | Page 145, line 10, at end insert— |
| "( ) | an order under section 13," |
| 116D | Page 145, line 18, at end insert— |
| "( ) | Subsection (3) does not apply to an instrument containing an order under section 319 if the order does not amend or repeal a provision of a public general Act." |
| 117A | Page 145, line 23, leave out "13 or" |
| 117AB | Page 145, line 23, at end insert— |
| "( ) | an order of the Secretary of State under section 319 to which subsection (3) above does not apply," |
| 117ABA | Page 145, line 26, after "Part 2" insert "(excluding sections 71 and 73)" |
| 117AC | Page 145, line 39, at end insert— |
| "( ) | Subsection (6) does not apply to an instrument containing an order under section 319 if the order does not amend or repeal a provision of a public general Act." |
| 117AD | Page 145, line 40, at end insert— |
| "( ) | an order of the Welsh Ministers under section 319 to which subsection (6) above does not apply," |
| 117B | Page 146, line 2, after "repeals" insert "and revocations including repeals of spent enactments" |
| 117BZA | Page 146, line 7, at end insert— |
| "( ) | Any order which has the effect of altering primary legislation under this section is subject to the affirmative procedure." |
| 117BZB | Insert the following new Schedule— |
| | "INELIGIBLE PERSONS FROM ABROAD: STATUTORY DISREGARDS |
| | 1 The Housing Act 1996 is amended as follows. |
| | 2 (1) Section 167 (allocation in accordance with allocation scheme) is amended as follows. |
| (2) | In subsection (2) after "scheme shall" insert ", subject to subsection (2ZA),". |
| (3) | After subsection (2) insert— |
| "(2ZA) | People are to be disregarded for the purposes of subsection (2) if they would not have fallen within paragraph (a) or (b) of that subsection without the local housing authority having had regard to a restricted person (within the meaning of Part 7)." |
| | 3 (1) Section 184 (inquiry into cases of homelessness or threatened homelessness) is amended as follows. |
| (2) | After subsection (3) insert— |
| "(3A) | If the authority decide that a duty is owed to the applicant under section 193(2) or 195(2) but would not have done so without having had regard to a restricted person, the notice under subsection (3) must also— |
| (a) | inform the applicant that their decision was reached on that basis, |
| (b) | include the name of the restricted person, |
| (c) | explain why the person is a restricted person, and |
| (d) | explain the effect of section 193(7AD) or (as the case may be) section 195(4A)." |
| (3) | After subsection (6) insert— |
| "(7) | In this Part "a restricted person" means a person— |
| (a) | who is not eligible for assistance under this Part, |
| (b) | who is subject to immigration control within the meaning of the Asylum and Immigration Act 1996, and |
| (i) | who does not have leave to enter or remain in the United Kingdom, or |
| (ii) | whose leave to enter or remain in the United Kingdom is subject to a condition to maintain and accommodate himself, and any dependants, without recourse to public funds." |
| | 4 (1) Section 185 (persons from abroad not eligible for certain housing assistance) is amended as follows. |
| (2) | In subsection (4) for "another person" substitute "a person falling within subsection (5)". |
| (3) | After subsection (4) insert— |
| "(5) | A person falls within this subsection if the person— |
| (a) | falls within a class prescribed by regulations made under subsection (2); but |
| (b) | is not a national of an EEA State or Switzerland." |
| | 5 (1) Section 193 (duty to persons with priority need who are not homeless intentionally) is amended as follows. |
| (2) | In subsection (3A) after "this section" insert "in a case which is not a restricted case". |
| (3) | After subsection (3A) insert— |
| "(3B) | In this section "a restricted case" means a case where the local housing authority would not be satisfied as mentioned in subsection (1) without having had regard to a restricted person." |
| (4) | After subsection (7A) insert— |
| "(7AA) | In a restricted case the authority shall also cease to be subject to the duty under this section if the applicant, having been informed of the matters mentioned in subsection (7AB)— |
| (a) | accepts a private accommodation offer, or |
| (b) | refuses such an offer. |
| (a) | the possible consequence of refusal of the offer, and |
| (b) | that the applicant has the right to request a review of the suitability of the accommodation. |
| (7AC) | For the purposes of this section an offer is a private accommodation offer if— |
| (a) | it is an offer of an assured shorthold tenancy made by a private landlord to the applicant in relation to any accommodation which is, or may become, available for the applicant's occupation, |
| (b) | it is made, with the approval of the authority, in pursuance of arrangements made by the authority with the landlord with a view to bringing the authority's duty under this section to an end, and |
| (c) | the tenancy being offered is a fixed term tenancy (within the meaning of Part 1 of the Housing Act 1988) for a period of at least 12 months. |
| (7AD) | In a restricted case the authority shall, so far as reasonably practicable, bring their duty under this section to an end as mentioned in subsection (7AA)." |
| (5) | In subsections (7B) and (7C) at the beginning insert "In a case which is not a restricted case,". |
| (6) | In subsection (7F) after paragraph (a) (but before the "or" following it) insert— |
| "(ab) | approve a private accommodation offer;". |
| | 6 (1) Section 195 (duties in the case of threatened homelessness) is amended as follows. |
| (2) | In subsection (3A) after "this section" insert "in a case which is not a restricted threatened homelessness case". |
| (a) | after "Where" insert ", in a case which is not a restricted threatened homelessness case,", and |
| (b) | at the end insert "in a case which is not a restricted case (within the meaning of that section)". |
| (4) | After subsection (4) insert— |
| "(4A) | Where, in a restricted threatened homelessness case, in pursuance of the duty under subsection (2) the authority secure that accommodation other than that occupied by the applicant when he made his application is available for occupation by him, the provisions of section 193(3) to (9) (period for which duty owed) apply, with any necessary modifications, in relation to the duty under this section as they apply in relation to the duty under section 193 in a restricted case (within the meaning of that section). |
| (4B) | In subsections (3A) to (4A) "a restricted threatened homelessness case" means a case where the local housing authority would not be satisfied as mentioned in subsection (1) without having had regard to a restricted person." |
| | 7 (1) Section 202 (right to request review of decision) is amended as follows. |
| (2) | In subsection (1) after paragraph (f) insert ", or |
| (g) | any decision of a local housing authority as to the suitability of accommodation offered to him by way of a private accommodation offer (within the meaning of section 193)." |
| (a) | for "or (7)" substitute ", (7) or (7AA)", and |
| (b) | after "(f)" insert "or (as the case may be) (g)". |
| | 8 In section 218 (index of defined expressions: Part 7) insert in the Table at the appropriate place— |
| | "restricted person section 184(7)". |
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