Housing and Regeneration Bill
FIFTH
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 18 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.
| 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. |
| 77 | Insert the following new Clause— |
| | "Duty to monitor and promote the re-use of brownfield land |
| (1) | The HCA shall identify, collate and publish up-to-date information on the availability, including type and location, of previously developed land in England at district, regional and national level. |
| (2) | The HCA shall keep this data under review and publish its findings annually. |
| (3) | The HCA shall promote the re-use and reclamation of brownfield land by— |
| (a) | acting as the Government's statutory advisor on brownfield land, |
| (b) | providing advice and grants, and |
| (c) | commissioning, undertaking or supporting research and other projects to further best practice." |
| | Lord Greaves gives notice of his intention to oppose the Question that Clause 31 stand part of the Bill. |
| | Lord Greaves gives notice of his intention to oppose the Question that Clause 32 stand part of the Bill. |
| 77A | Page 15, line 11, at end insert "take any reasonable actions either directly, or by supporting or facilitating the actions of other persons or organisations which are designed to—" |
| 77B | Page 15, line 24, leave out subsection (2) |
| 78 | Page 15, line 29, at end insert "or regulated low cost home ownership accommodation" |
| 79A | Page 15, line 31, after second "accommodation" insert "and responsible for its management" |
| | Lord Greaves gives notice of his intention to oppose the Question that Clause 34 stand part of the Bill. |
| 87 | Page 17, line 4, leave out "to the person" and insert "in respect of that grant" |
| 88 | Page 17, line 5, leave out "interest" and insert "amounts" |
| 89 | Page 17, line 6, leave out "is" and insert "are" |
| 90A | Page 17, line 16, at end insert— |
| "(10A) | The HCA must notify the Regulator of Social Housing at least 14 days before exercising, in relation to a registered provider of social housing, any of the powers conferred by subsections (2) to (4)." |
| 90B | Page 17, line 16, at end insert— |
| "( ) | Events referred to in subsection (1) and the principles in subsection (8) must be— |
| (a) | published in draft form; |
| (b) | made available for consultation for at least three months before they are determined; and |
| (c) | published at least one month before they come into effect." |
| 91 | Page 17, line 28, leave out "of an amount with interest" and insert ", in addition to the specified amount, of one or more of the following— |
| (a) | interest on the specified amount, |
| (b) | an amount calculated by reference to any increase in the market value of any housing or other land acquired, constructed, converted, improved or repaired as a result of the grant, and |
| (c) | interest on the amount falling within paragraph (b)." |
| 92 | Page 17, line 29, leave out "such direction" and insert "direction falling within subsection (1)(a) or (c)" |
| 93 | Page 17, line 43, at end insert— |
| "(4A) | Any direction falling within subsection (1)(b) must specify— |
| (a) | the housing or other land concerned, and |
| (b) | the method of calculating the amount concerned." |
| 94 | Page 18, line 7, after "(c)" insert "or (4A)" |
| 94A | Page 18, line 12, at end insert— |
| "( ) | Determinations under subsection (7)(b) shall not conflict with the principles determined under paragraph (a) of that subsection." |
| 94B | Page 18, line 12, at end insert— |
| "( ) | The principles in subsection (7)(a) must be— |
| (a) | published in draft form; |
| (b) | made available for consultation for at least three months before they are determined; and |
| (c) | published at least one month before they come into effect." |
| 95 | Page 19, line 39, at end insert— |
| "( ) | post-occupancy analyses of housing provided or facilitated by the HCA," |
| 95A | Page 20, line 14, at end insert "or" |
| 95B | Page 20, line 15, leave out from "experimentation" to end of line 16 |
| 95C | Page 20, line 19, leave out from "training" to end of line 20 |
| 95D | Page 20, line 22, leave out from "training" to end of line 23 |
| 95E | Page 21, line 2, at end insert— |
| "( ) | Guidance as provided under this section is to be regarded by the persons to whom it is provided as guidance and not instructions." |
| | BARONESS FINLAY OF LLANDAFF |
| 95F | Page 22, line 21, at end insert— |
| "( ) | The Secretary of State may give guidance to the HCA to ensure that, in exercising its powers, the HCA does not expose any person to any risk to their health arising from exposure to electric and magnetic fields with a frequency of between 30 and 300 Hertz." |
| 95G | Page 22, line 35, at end insert— |
| "( ) | Guidance provided under this section is to be regarded as guidance and not instructions." |
| 96 | Page 23, line 2, leave out "general or" |
| | BARONESS FINLAY OF LLANDAFF |
| 96A | Page 23, line 3, at end insert— |
| "( ) | The Secretary of State may give a direction to the HCA to ensure that, in exercising its powers, the HCA does not expose any person to any risk to their health arising from exposure to electric and magnetic fields with a frequency of between 30 and 300 Hertz." |
| 97 | Page 23, line 3, at end insert— |
| "( ) | Directions by the Secretary of State as to the exercise of functions by the HCA under section 5 of this Act shall include provision to submit applications for planning consent to a design review panel." |
| | Viscount Eccles gives notice of his intention to oppose the Question that Clause 50 stand part of the Bill. |
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