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Housing and Regeneration Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Order of 2nd July 2008, as follows—

Clause 1
Schedule 1
Clauses 2 to 9
Schedule 2
Clauses 10 and 11
Schedule 3
Clause 12
Schedule 4
Clauses 13 to 52
Schedule 5
Clause 53
Schedules 6 and 7
Clauses 54 to 58
Schedule 8
Clauses 59 to 275
Schedule 9
Clauses 276 to 283
Schedule 10
Clauses 284 to 297
Schedule 11
Clauses 298 to 301
Schedule 12
Clauses 302 and 303
Schedule 13
Clauses 304 to 309
Schedule 14
Clauses 310 to 312
Schedule 15
Clauses 313 to 319
Schedule 16
Clauses 320 to 324

[Amendments marked * are new or have been altered]

Amendment
No.

 

Schedule 1

 

BARONESS ANDREWS

1Page 151, line 39, at end insert "by way of grant.
(2)      Such payments may be made on such terms and conditions as the Secretary of State considers appropriate."
 

BARONESS HAMWEE

 

LORD GREAVES

2*Page 152, line 5, at end insert—
"(   )  The HCA shall exercise any powers granted by order made under section 13 and described in section 14, only through the delegation of such powers to a committee; and such committee shall hold all its meetings within the area of the local planning authority in which the land described in the order made under section 13 is situated."
 

BARONESS ANDREWS

3Page 153, line 9, at end insert—
"(2)      Any such committee may delegate any function conferred on it to any sub-committee of the committee or to any staff of the HCA.
(3)      See also section 45 (agency arrangements of the HCA with urban development corporations)."
 

Clause 2

 

LORD DIXON-SMITH

 

EARL CATHCART

4Page 1, line 10, leave out first "The" and insert "Working through the planning system and cooperating with relevant local planning authorities and other agencies already involved, the"
5*Page 1, line 11, after "supply" insert ", accessibility"
6*Page 2, line 3, at end insert "inclusive"
 

BARONESS ANDREWS

7Page 2, line 5, after "development" insert "and good design"
 

LORD DIXON-SMITH

 

EARL CATHCART

8*Page 2, line 7, at end insert—
"(   )  In assessing the needs of people living in England in accordance with subsection (1), the HCA shall balance the needs for affordable housing in urban and non-urban communities."
 

Clause 6

 

BARONESS HAMWEE

 

LORD GREAVES

9Page 3, line 25, at end insert—
"(4)  The HCA may provide to local planning authorities assistance and support by planners and other professional persons."
 

After Clause 8

 

LORD DIXON-SMITH

 

EARL CATHCART

10*Insert the following new Clause—
  "Flood assessment
  Before exercising its powers under sections 5 to 8, the HCA shall—
(a)  assess fully the risk of flooding to any new development;
(b)  assess fully the impact of any new development on downstream risks;
(c)  ensure that any new development is flood resilient and resistant."
 

Clause 9

 

BARONESS ANDREWS

11Page 4, line 30, leave out from ""common"" to end of line 33 and insert "has the meaning given by section 19(4) of the Acquisition of Land Act 1981 (c. 67),"
 

Clause 10

 

BARONESS HAMWEE

 

LORD GREAVES

12Page 4, line 40, at end insert "either generally or in respect of a specific disposal"
 

LORD DIXON-SMITH

 

EARL CATHCART

13*Page 4, line 40, at end insert ", provided that in exercising the power to give consent, the Secretary of State shall take into account the benefit to the community where such disposal takes place"
 

Schedule 3

 

BARONESS ANDREWS

14Page 166, line 27, leave out paragraph 27
 

Clause 13

 

LORD DIXON-SMITH

 

EARL CATHCART

15Page 5, line 17, after "if" insert ", following consultations with the local planning authorities affected and the HCA,"
 

BARONESS ANDREWS

16Page 5, line 20, leave out from beginning to "it" in line 21
 

BARONESS HAMWEE

 

LORD GREAVES

17Page 5, line 23, leave out "for all permitted purposes or"
18Page 5, line 24, leave out "all kinds of development or"
19Page 5, line 25, at end insert "only"
 

BARONESS ANDREWS

20Page 5, line 25, at end insert—
"( )  In deciding whether it is appropriate for the HCA to be the local planning authority as mentioned in subsection (1)(b), the Secretary of State must, in particular, be satisfied that making the designation order is likely to improve the effectiveness with which the functions of the local planning authority for the area or part are discharged."
21Page 5, line 26, leave out subsections (3) and (4)
22Page 5, line 39, leave out ", consult" and insert "—
(a)  publish—
(i)  a draft of the order, and
(ii)  the Secretary of State's reasons for making the order, and
(b)  consult the persons mentioned in subsection (5A).
(5A)  The persons are"
23Page 6, line 2, leave out "and"
24Page 6, line 4, at end insert—
"(c)  such persons which appear to the Secretary of State to represent the interests of local authorities as the Secretary of State considers appropriate, and
(d)  persons who reside or carry on business in the proposed designated area."
 

BARONESS HAMWEE

 

LORD GREAVES

25Page 6, line 4, at end insert—
"(   )  The procedures provided by Schedule 1 of the New Towns Act 1981 (c. 64) and its provisions regarding the validity and date of operation shall apply to a designation order."
26Page 6, line 24, leave out paragraph (c)
 

Clause 14

 

BARONESS ANDREWS

27Page 6, line 33, leave out from "order" to "may" in line 34
 

BARONESS HAMWEE

 

LORD GREAVES

28Page 6, line 37, leave out "for all permitted purposes or"
29Page 6, line 38, leave out "all kinds of development or"
30Page 6, line 39, at end insert "only"
31Page 6, line 44, leave out "all relevant functions, or"
32Page 7, line 13, leave out paragraph (c)
33Page 7, line 32, leave out subsection (8)
 

After Clause 14

 

BARONESS ANDREWS

34Insert the following new Clause—
  "HCA as local planning authority: local involvement
(1)  Subsections (2) to (6) apply where a designation order provides for the HCA to be the local planning authority for the whole or any part of the designated area.
(2)  The HCA must prepare and publish a statement of local involvement.
(3)  The statement of local involvement is a statement of the HCA's policy as to the extent to which it intends to involve persons mentioned in subsection (4) in relation to the exercise by the HCA of functions conferred on it by virtue of the designation order.
(4)  The persons are—
(a)  every local authority for the designated area or any part of the area in relation to which a function is to be exercised, and
(b)  persons appearing to the HCA to have special knowledge or experience of matters relevant to functions to be exercised in relation to the area or part.
(5)  The HCA must—
(a)  keep the statement under review, and
(b)  publish any revision of it.
(6)  In deciding its policy about the extent of involvement of persons mentioned in subsection (4), the HCA must, in particular, have regard to—
(a)  the benefits that it might receive from their knowledge and experience, and
(b)  the nature of the functions concerned.
(7)  Subsection (8) applies where—
(a)  the HCA establishes a committee for the purpose of exercising functions conferred on the HCA by virtue of a designation order,
(b)  such a committee establishes a sub-committee for such a purpose, or
(c)  a new or replacement member is to be appointed to such a committee or sub-committee.
(8)  The HCA must—
(a)  inform every local authority for the designated area or any part of the area in relation to which the functions are to be, or are being, exercised of—
(i)  the establishment of the committee or sub-committee concerned, or
(ii)  (as the case may be) the proposed appointment, and
(b)  invite the authority to suggest one or more candidates for membership of the committee or (as the case may be) sub-committee.
(9)  In this section "local authority" has the same meaning as in section 13."
 

Clause 15

 

BARONESS ANDREWS

35Leave out Clause 15
 

Clause 16

 

BARONESS ANDREWS

36Leave out Clause 16
 

Clause 17

 

BARONESS ANDREWS

37Leave out Clause 17
 

Clause 21

 

BARONESS ANDREWS

38Leave out Clause 21
 

Clause 24

 

BARONESS ANDREWS

39Page 12, line 32, leave out subsection (2) and insert—
"(   )  Loans under subsection (1) may be made on such terms and conditions as the Secretary of State considers appropriate (including provision for repayment with or without interest)."
 

Clause 26

 

BARONESS ANDREWS

40Page 13, line 33, after "23" insert ", and
(ii)  sums borrowed by subsidiaries of the HCA (other than from the HCA)"
41Page 13, line 34, at end insert—
"(5)  In this Part "subsidiary" has the meaning given by section 1159 of the Companies Act 2006 (c. 46)."
 

Clause 28

 

BARONESS ANDREWS

42Page 14, line 2, after "HCA" insert "or any subsidiary of the HCA"

 
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©Parliamentary copyright 2008
4 July 2008