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Housing and Regeneration Bill


SIXTH
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 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.

 

After Clause 61

 

LORD BEST

97PAInsert the following new Clause—
  "Power to extend scope of Part 2
(1)  The Secretary of State may make regulations providing for additional bodies to be included in the definition of English bodies.
(2)  In making regulations, the Secretary of State shall aim to ensure that the effect of including additional bodies in the definition of English bodies is to extend the regulation of social housing in England in accordance with this Part to include other providers of social housing; and in particular, the regulations may extend the regulation of social housing to—
(a)  a local housing authority within the meaning of section 1 of the Housing Act 1985 (c. 68) (local housing authorities), and
(b)  a person controlled by a local housing authority.
(3)  In addition to the regulations under subsection (1), the Secretary of State may by order provide for consequential changes to this Part which the Secretary of State considers necessary or expedient to permit or facilitate the regulation of social housing in England; and in particular, the order may modify or exclude the application of certain provisions of this Part to—
(a)  a local housing authority within the meaning of section 1 of the Housing Act 1985, and
(b)  a person controlled by a local housing authority.
(4)  In making regulations or orders under this section, the Secretary of State shall aim to ensure that the effect is to create a single regulator for social housing in England; and in particular, the Secretary of State shall enable the regulator to regulate local housing authorities and persons controlled by a local housing authority using powers provided under the Local Government and Public Involvement in Health Act 2007 (c. 28).
(5)  The regulations or order under this section shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament; and the regulations shall be made by statutory instrument."
97PBInsert the following new Clause—
  "Regulations and orders under section (4>Power to extend scope of Part 2)
(1)  Before the Secretary of State makes regulations or an order under section (Power to extend scope of Part 2), he shall consult such authorities or persons as appear to him to be representative of interests affected by his proposals.
(2)  If, following consultation under subsection (1), the Secretary of State proposes to make regulations or an order under section (Power to extend scope of Part 2) he shall lay before each House of Parliament a document explaining his proposals and, in particular—
(a)  setting them out in the form of draft regulations or a draft order, and
(b)  giving details of consultation under subsection (1).
(3)  Where a document relating to proposals is laid before Parliament under subsection (2), no draft of regulations or an order under section (Power to extend scope of Part 2) to give effect to the proposals (with or without modification) shall be laid before Parliament until after the expiry of the period of sixty days beginning with the day on which the document was laid.
(4)  In calculating the period mentioned in subsection (3), no account shall be taken of any time during which—
(a)  Parliament is dissolved or prorogued, or
(b)  either House is adjourned for more than four days.
(5)  In preparing regulations or a draft order under section (Power to extend scope of Part 2), the Secretary of State shall consider any representations made during the period mentioned in subsection (3).
(6)  A draft order laid before Parliament in accordance with section (Power to extend scope of Part 2) must be accompanied by a statement of the Secretary of State giving details of—
(a)  any representations considered in accordance with subsection (5), and
(b)  any changes made to the proposals contained in the document laid before Parliament under subsection (2)."
 

Clause 63

 

BARONESS HAMWEE

97PCPage 31, line 23, leave out "or mainly"
97PDPage 31, leave out lines 24 and 25
 

After Clause 68

 

BARONESS ANDREWS

97PEInsert the following new Clause—
  "Transitional arrangements
(1)  The Secretary of State may by order transfer functions of the Housing Corporation to—
(a)  the regulator,
(b)  the HCA, or
(c)  the regulator and the HCA jointly or concurrently.
(2)  An order under subsection (1) may make provision in relation to English registered social landlords which is similar to any provision made by this Part in relation to registered providers.
(3)  "English registered social landlord" means a body—
(a)  which is registered as a social landlord under Part 1 of the Housing Act 1996, and
(b)  which does not fall within paragraph (a) to (c) of section 56(2) of that Act (Welsh bodies).
(4)  Provision made under this section, including provision made by virtue of 318(1)(d), may modify an enactment.
(5)  Provision under section 320(1) in connection with the coming into force of a provision of this Act may, in particular, include transitional provision having regard to the effect of provision made under this section."
 

Clause 70

 

LORD GREAVES

 

BARONESS HAMWEE

97QPage 34, line 16, leave out paragraph (b)
97RPage 34, line 16, after "rate" insert "to such an extent that it is affordable for those on low incomes"
97SPage 34, line 17, leave out paragraph (c) and insert—
"(c)  the accommodation is let in accordance with rules for eligibility designed to give preference to people in need of housing whilst also promoting mixed and sustainable communities."
 

Clause 71

 

LORD GREAVES

 

BARONESS HAMWEE

97TPage 34, line 28, leave out from second "is" to end of line 30 and insert "affordable for those on low incomes and is made available in accordance with rules for eligibility designed to give preference to people whose needs are not adequately served by the commercial housing market whilst also promoting mixed and sustainable communities"
 

LORD DIXON-SMITH

 

EARL CATHCART

98Page 35, line 10, at end insert—
"(   )  Low cost home ownership accommodation shall be termed "regulated low cost home ownership accommodation" if—
(a)  it is occupied, or made available for occupation, in accordance with requirements specifying that it is to be occupied by elderly persons,
(b)  it is occupied, or made available for occupation in accordance with requirements specifying that it is to be occupied by vulnerable persons as defined by the regulator, or
(c)  it was provided, immediately before the coming into effect of section 277, by a landlord included on the register by virtue of that section."
 

After Clause 79

 

LORD WHITTY

98AInsert the following new Clause—
  "Extension of remit of regulator
(1)  The Secretary of State may make regulations to extend the remit of the regulator in circumstances described in this section.
(2)  Subsection (1) applies, notwithstanding the definition of social housing in section 69, where a dwelling has left the social housing stock under the circumstances referred to in any of sections 74, 76, 77 or 78 and if nevertheless there remains in respect of that dwelling residual landlord functions with the social landlord or other charges still due to the former social landlord or services owed by or to the former social landlord.
(3)  Such functions include, but are not limited to, ground rent, services and service charges, amenity and amenity charges, district heating and other communal services provided by or on behalf of the former social landlord or other charges and liabilities owed by the lessee or occupier to the former social landlord."
 

Clause 80

 

LORD GRAHAM OF EDMONTON

 

BARONESS JONES OF WHITCHURCH

 

LORD DIXON-SMITH

99Page 37, line 38, after "England," insert—
"(   )  a community land trust (as defined in section 274),"
 

Clause 81

 

BARONESS HAMWEE

 

LORD GREAVES

99A*Page 38, line 21, at end insert—
"(   )  are public authorities for the purposes of section 6 of the Human Rights Act 1998 (c. 42) and for the purposes of amenability to judicial review by the Administrative Court."
 

After Clause 81

 

EARL ONSLOW

100Insert the following new Clause—
  "Provision of social housing to be a function of a public nature
  Provision of social housing under this Part shall be deemed to be a function of a public nature for the purposes of section 6 of the Human Rights Act 1998 (c. 42) (acts of public authorities)."
 

Clause 83

 

VISCOUNT ECCLES

101Page 39, line 1, leave out "3" and insert "6"
 

BARONESS HAMWEE

101APage 39, line 1, leave out "3 nor more than 10" and insert "5 nor more than 15"
101BPage 39, line 8, leave out subsection (4)
 

LORD DIXON-SMITH

 

EARL CATHCART

101CPage 39, line 13, at end insert—
"(   )  At least one-third of the members must be current tenants of one or more social housing providers."
 

Clause 84

 

VISCOUNT ECCLES

102Page 39, line 17, leave out "5" and insert "3"
 

BARONESS HAMWEE

102ZAPage 39, line 18, at end insert "once"
102ZBPage 39, line 34, leave out "has misbehaved or"
102ZCPage 39, line 34, leave out "other"
 

Clause 87

 

BARONESS ANDREWS

 Baroness Andrews gives notice of her intention to oppose the Question that Clause 87 stand part of the Bill.
 

Clause 88

 

LORD DIXON-SMITH

 

EARL CATHCART

102ZDPage 40, line 17, leave out subsection (1) and insert—
"(1)  The regulator shall perform its functions in a manner which—
(a)  minimises interference,
(b)  is proportionate, consistent, transparent and accountable,
(c)  complies with any duty of the regulator under section 22 of the Legislative and Regulatory Reform Act 2006 (c. 51) (code of practice), and
(d)  seeks to achieve the following objectives as far as possible."
 

BARONESS WILKINS

102APage 40, line 19, after "well-managed" insert "inclusive"
 

BARONESS HAMWEE

102BPage 40, line 23, after "choice," insert "information,"
102CPage 40, line 23, at end insert—
"(aa)  involvement"
 

EARL ONSLOW

103Page 40, line 24, at end insert ", including protection for their human rights."
 

LORD DIXON-SMITH

 

EARL CATHCART

103ZAPage 40, line 24, at end insert ", and
(   )  information."
 

BARONESS FINLAY OF LLANDAFF

103APage 40, line 24, at end insert—
"(   )  Pursuit of Objective 2 includes, but is not limited to, protection from the risks to health arising from exposure to electric and magnetic fields with a frequency of between 30 and 300 Hertz."
 

LORD FILKIN

103BPage 40, line 26, at end insert "and to devise and promote mechanisms for tenants to change providers in the event of poor management"
 

LORD DIXON-SMITH

 

EARL CATHCART

103CPage 40, line 40, leave out subsections (11) and (12)
 

BARONESS HAMWEE

103DPage 40, line 40, leave out "regulate" and insert "perform its functions"
 

LORD DIXON-SMITH

 

EARL CATHCART

103EPage 41, line 2, at end insert ", and
(   )  promotes competitive neutrality."
 

EARL ONSLOW

104Page 41, line 2, at end insert—
"(   )  Pursuit of the protection of tenants' human rights, pursuant to Objective 2, includes, but is not necessarily limited to, rights protected by the Human Rights Act 1998 (c. 42) and the International Covenant on Economic, Social and Cultural Rights."
 

LORD MAWSON

104ZAPage 41, line 2, at end insert—
"(   )  Objective 11 is to encourage housing associations to use their capital development programmes as a mechanism for encouraging social innovation."
 

LORD FILKIN

104ZBPage 41, line 5, at end insert—
"(   )  In order to achieve the fundamental Objectives the regulator must identify significant structural impediments to tenant choice to empowerment and promote their removal."
 

BARONESS FINLAY OF LLANDAFF

104APage 41, line 9, at end insert—
"(   )  The Secretary of State may add to, or amend, the regulator's fundamental objectives as the Secretary of State thinks appropriate."
 

LORD DIXON-SMITH

 

EARL CATHCART

104AZAPage 41, line 9, at end insert—
"(   )  In this Part, "competitive neutrality" means a commitment to fair markets which ensures a level playing field between public, private and voluntary providers of goods and services."

 
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11 June 2008