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Housing and Regeneration Bill


EIGHTH
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 191 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.

 

Clause 191

 

BARONESS WILKINS

110APage 81, line 39, at end insert ", and
(   )  the facilitation of timely provision of adaptations to tenants' homes for a disabled occupant (whether by means of assistance provided under Part 1 of the Housing Grants, Construction and Regeneration Act 1996 (c. 53) or otherwise)."
 

BARONESS FINLAY OF LLANDAFF

110BPage 81, line 39, at end insert—
"(   )  the distance of housing from any overhead transmission line, and
(   )  the levels of electric and magnetic fields with a frequency of between 30 and 300 Hertz permitted in housing."
 

Clause 194

 

BARONESS ANDREWS

110CPage 82, line 28, at end insert—
"(ca)  the Audit Commission for Local Authorities and the National Health Service in England,"
 

BARONESS HAMWEE

110CAPage 82, line 28, at end insert—
"(   )  one or more bodies appearing to it to represent local authorities,"
 

Clause 195

 

BARONESS ANDREWS

110DPage 83, line 9, at end insert—
"(ba)  the Audit Commission for Local Authorities and the National Health Service in England,"
 

VISCOUNT ECCLES

 

LORD DIXON-SMITH

 

EARL CATHCART

 The above-named Lords give notice of their intention to oppose the Question that Clause 195 stand part of the Bill.
 

After Clause 195

 

BARONESS HAMWEE

110DZA*Insert the following new Clause—
  "Review of Safety Standards
(1)  The regulator may undertake reviews of such safety standards in respect of services in social housing as it considers appropriate.
(2)  The regulator shall advise the Secretary of State of its findings with regard to safety and standards including the introduction or modification of regulations.
(3)  The regulator shall, within 12 months of the commencement of this section, undertake a review of safety standards for water heating including the storage and supply of hot water."
 

Clause 198

 

BARONESS HAMWEE

 

LORD GREAVES

110DAPage 84, line 20, at end insert "if the survey upholds the regulator's suspicions"
 

After Clause 198

 

BARONESS ANDREWS

110EInsert the following new Clause—
  "Inspections
(1)  The regulator may arrange for a person to inspect—
(a)  a registered provider's performance of its functions in relation to the provision of social housing, or
(b)  the financial or other affairs of a registered provider.
(2)  The person must not be a member of the regulator's staff.
(3)  If the purpose (or main purpose) of an inspection is to assess a registered provider's performance by reference to standards under section 191 the regulator—
(a)  shall invite the Audit Commission to carry out the inspection, and
(b)  may arrange for another person to carry out the inspection only if the Audit Commission declines.
(4)  The regulator may direct a person carrying out an inspection to discontinue it.
(5)  An inspection may be general or specific.
(6)  The regulatorshall reimburse costs incurred by the Audit Commission in carrying out an inspection.
(7)  If the regulator arranges for a person other than the Audit Commission to carry out an inspection the arrangements may include provision about payments.
(8)  In this section and sections 199 and 200 "the Audit Commission" means the Audit Commission for Local Authorities and the National Health Service in England."
 

Clause 199

 

BARONESS ANDREWS

110FPage 84, line 32, leave out subsections (1) and (2)
 

BARONESS HAMWEE

110FAPage 84, line 37, after "persons" insert "(including tenants of social housing)"
 

BARONESS ANDREWS

110GPage 84, line 39, leave out "an inspector" and insert "under section (Inspections) the person carrying out the inspection"
110HPage 85, line 1, at end insert—
"(4A)  The person who carried out the inspection may publish the report and related information (whether or not the regulator has done so)."
110JPage 85, line 2, leave out subsection (5)
110KPage 85, line 14, leave out "and"
110LPage 85, line 16, at end insert ", and
(c)  the Audit Commission."
 

Clause 200

 

BARONESS ANDREWS

110MPage 85, line 18, leave out "appointed under section 199"
110NPage 85, line 28, at end insert—
"(4A)  The reference to documents found on premises includes—
(a)  documents stored on computers or electronic storage devices on the premises, and
(b)  documents stored elsewhere which can be accessed by computers on the premises.
(4B)  The power to inspect documents includes the power to inspect any computer or electronic storage device on which they have been created or stored."
110PPage 85, line 30, at end insert—
"(5A)  For the purposes of subsections (4A) and (4B) an inspector may require any person having charge of a computer to provide such assistance as the inspector reasonably requests."
110QPage 85, line 32, leave out "subsection (4) or (5)" and insert "subsections (4) to (5A)"
110RPage 85, line 37, at end insert—
"(9)  In this section "inspector" means—
(a)  a person authorised in writing by the Audit Commission to exercise the powers under this section for the purpose of an inspection carried out by the Audit Commission under section (Inspections), or
(b)  a person authorised in writing by the regulator to exercise the powers under this section for the purpose of any other inspection under that section."
 

Clause 201

 

BARONESS HAMWEE

110RAPage 86, line 2, at end insert—
"(   )  It shall be a requirement that an assessment contained in a report prepared under this section must be broken down into assessments of the registered provider's performance in each local authority area in which it provides social housing."
 

Clause 202

 

BARONESS HAMWEE

110RBPage 86, line 15, at end insert—
"(   )  The regulator shall also include information about each registered provider's performance in each local authority area in which it provides social housing."
 

Clause 203

 

BARONESS ANDREWS

110SPage 86, leave out line 20 and insert "An individual is eligible for appointment only if the individual is"
 

BARONESS HAMWEE

110SAPage 86, line 20, after "them" insert "or a majority if more than two"
 

BARONESS ANDREWS

110TPage 86, line 24, leave out "or employees" and insert ", employees or consultants"
110UPage 86, line 26, at end insert—
"(5)  "Consultant" means an individual providing services to the regulator otherwise than by virtue of employment with the regulator or an appointment under this section."
 

After Clause 206

 

LORD WHITTY

110UAInsert the following new Clause—
  "Complaints to the regulator
(1)  This section applies where a designated body or locally recognised representative body makes a complaint to the regulator that the affairs of a registered provider may have been mismanaged, and is or appears to be detrimental to the interests of tenants of social housing.
(2)  The regulator must, within 60 days after the day on which it receives the complaint, publish a response stating how it proposes to deal with the complaint, and in particular—
(a)  whether it has decided to act using powers conferred on it by this Part, or to take no action, and
(b)  if it has decided to act, what action it proposes to take.
(3)  The response must state the regulator's reasons for its proposals.
(4)  The Secretary of State by order—
(a)  may designate a body only if it appears to him to represent the interests of tenants of social housing, and
(b)  must publish (and may from time to time vary) other criteria to be applied by him in determining whether to make or revoke a designation.
(5)  In this section, "body" means any national or representative local body appearing to it to represent the interests of tenants of social housing.
(6)  The regulator—
(a)  must issue guidance to the complainant as to the presentation of a reasoned case for the complaint, and
(b)  may issue such other guidance as appears to it to be appropriate for the purposes of this section.
(7)  An order under this section—
(a)  shall be made by statutory instrument, and
(b)  shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(8)  Before issuing or revising guidance, the regulator shall consult the following and ensure that they have been consulted—
(a)  one or more bodies appearing to it to represent the interests of registered providers,
(b)  one or more bodies appearing to it to represent the interests of secured creditors of registered providers,
(c)  one or more bodies appearing to it to represent the interests of tenants of social housing, and
(d)  the Secretary of State."
 

Clause 211

 

BARONESS ANDREWS

110VPage 88, line 33, leave out subsection (4)
 

Clause 213

 

BARONESS ANDREWS

110WPage 89, line 15, at end insert—
"(ba)  the Audit Commission for Local Authorities and the National Health Service in England,"
 

Clause 214

 

LORD DIXON-SMITH

 

EARL CATHCART

110XPage 89, line 24, at end insert—
"(   )  Any accreditation scheme shall require each accredited person to—
(a)  prepare a policy statement showing how it will account to residents for the performance of its functions in relation to social housing,
(b)  publish the policy statement in printed or electronic form, and
(c)  supply a copy to the regulator."
 

Clause 215

 

BARONESS HAMWEE

110XAPage 90, line 9, leave out "consider" and insert "have regard when applying Objective 10 to"
110XAA*Page 90, line 15, at end insert—
"(   )  The regulator shall apply Objective 10 (section 88) when considering the matters set out in subsection (2) and deciding the matters referred to in subsection (1)"

 
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©Parliamentary copyright 2008
17 June 2008