Housing and Regeneration Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

After Clause 30

 

BARONESS HAMWEE

 

LORD GREAVES

43*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 finding annually.
(3)  The HCA shall promote the re-use and reclamation of brownfield land and will monitor its use and publish its findings."
 

Clause 33

 

BARONESS HAMWEE

 

LORD GREAVES

44Page 15, line 12, leave out from beginning to end of line 25 and insert "facilitate activities and the provision of services which it considers appropriate for the creation, regeneration or development of communities or their continued wellbeing."
 

BARONESS ANDREWS

45Page 15, line 16, leave out paragraphs (e) and (f)
46Page 15, line 25, at end insert—
"( )  The HCA may assist in—
(a)  the prevention or reduction of anti-social behaviour or crime, or
(b)  the reduction of fear of anti-social behaviour or crime."
 

Clause 34

 

LORD DIXON-SMITH

 

EARL CATHCART

47*Page 15, line 29, at end insert "or regulated low cost home ownership accommodation"
48*Page 15, line 31, after second "accommodation" insert "and responsible for its management"
 

BARONESS ANDREWS

49Page 16, line 13, at end insert—
"(8A)  Subsection (8B) applies if the HCA is proposing to give financial assistance on condition that the recipient provides low cost home ownership accommodation.
(8B)  The HCA must consult the Regulator of Social Housing about the proposals."
50Page 16, line 15, after "accommodation" insert "or low cost home ownership accommodation"
51Page 16, line 16, after "accommodation" insert "or (as the case may be) low cost home ownership accommodation"
52Page 16, line 21, at end insert—
 ""low cost home ownership accommodation" has the meaning given by section 72"
 

Clause 35

 

BARONESS ANDREWS

53Page 16, line 40, after "purposes" insert "of the recipient"
54Page 17, line 4, leave out "to the person" and insert "in respect of that grant"
55Page 17, line 5, leave out "interest" and insert "amounts"
56Page 17, line 6, leave out "is" and insert "are"
57Page 17, line 16, at end insert—
"(   )  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).
(   )  Events determined by the HCA under subsection (1), and principles determined by the HCA under subsection (8), must be determined on or before the time the HCA gives the social housing assistance concerned unless they are determined subsequently with the agreement of the recipient of the assistance."
 

Clause 36

 

BARONESS ANDREWS

58Page 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)."
59Page 17, line 29, leave out "such direction" and insert "direction falling within subsection (1)(a) or (c)"
60Page 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."
61Page 18, line 7, after "(c)" insert "or (4A)"
62Page 18, line 12, at end insert—
"(   )  Principles determined by the HCA under subsection (7)(a), and determinations by the HCA under subsection (7)(b), must be determined on or before the time the HCA gives the social housing assistance concerned unless they are determined subsequently with the agreement of the recipient of the assistance."
 

Clause 37

 

BARONESS ANDREWS

63Page 18, line 34, at end insert "(subject to any provision as to the time by which such a determination must be made)"
 

After Clause 40

 

BARONESS MEACHER

 

EARL LISTOWEL

 

LORD DIXON-SMITH

64Insert the following new Clause—
  "Duties in relation to care-leavers' housing
(1)  In exercising its functions under this Part, the HCA must have regard to the duty of local authorities to provide housing for young persons leaving care under section (Duty to provide housing for young persons leaving care).
(2)  The HCA may, in co-operation with the relevant local authority, facilitate the provision of such housing."
 

Clause 44

 

BARONESS ANDREWS

65Page 21, line 5, leave out from second "HCA" to end of line 13 and insert "engages, without the consent of the Secretary of State, in an activity which the HCA would not be required or permitted to carry on."
66Page 21, line 19, leave out subsection (5)
 

Clause 46

 

BARONESS ANDREWS

67Page 22, line 4, leave out subsections (3) and (4)
 

After Clause 46

 

BARONESS ANDREWS

68Insert the following new Clause—
  "Local government involvement
(1)  The HCA must from time to time consult such representatives of local government as the HCA considers appropriate about how the HCA pursues its objects.
(2)  The HCA must from time to time publish a statement about how it proposes to comply with subsection (1).
(3)  Before publishing a statement the HCA must consult such persons as it considers appropriate."
 

Clause 53

 

BARONESS ANDREWS

69Page 24, line 5, after "Towns," insert—
"(   )  a regional development agency (within the meaning of the Regional Development Agencies Act 1998 (c. 45)),"
 

Clause 56

 

BARONESS ANDREWS

70Page 25, line 28, at end insert—
"(2A)  A transaction between a person and a subsidiary of the HCA is not invalid merely because of a failure by the HCA to comply with section 44(1) or (4)."
71Page 25, line 29, after "HCA" insert "or a subsidiary of the HCA"
72Page 25, line 31, after "(1)" insert "or (2A)"
 

Schedule 8

 

BARONESS ANDREWS

73Page 191, line 28, at end insert—
 

"Leasehold Reform Act 1967 (c. 88)

       The Leasehold Reform Act 1967 is amended as follows.
       In section 28(5)(b) (retention or resumption of land required for public purposes) for "Commission for the New Towns" substitute "new towns residuary body".
    (1)   Section 29 (reservation of future right to develop) is amended as follows.
     (2)   In subsection (6)—
(a)  in paragraph (a) for "Commission for the New Towns" substitute "new towns residuary body", and
(b)  for "that Commission" substitute "that residuary body".
(3)      In subsection (7) for "Commission for the New Towns" substitute "Welsh new towns residuary body".
       In section 30(7)(a) (reservation of right of pre-emption in new town or overspill area) for "Commission for the New Towns" substitute "new towns residuary body".
       In section 33 (Crown land) after subsection (2) insert—
"(2A)  For the purposes of this Part of this Act, an interest belonging to the Welsh new towns residuary body in a tenancy of land is to be treated as if it were not an interest belonging to the Crown."
       In section 37(1) (interpretation of Part 1) after paragraph (b) insert—
"(ba)  "new towns residuary body" means—
       (i) in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 54(1)(a) to (d) of the Housing and Regeneration Act 2008; and;
       (ii) in relation to Wales, means the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981 (and references to "the "Welsh new towns residuary body" shall be construed accordingly);".
    (1)   Schedule 4 (re-acquisition for development) is amended as follows.
(2)      In the heading for Part 2 for "New Towns Commission" substitute "Welsh new towns residuary body".
(3)      In paragraph 4—
(a)  for "Commission for the New Towns" substitute "Welsh new towns residuary body",
(b)  for "the Commission, the Commission" substitute "that body, the body", and
(c)  omit the words from "be authorised" to "Government to".
       In paragraph 2(2)(c) of Schedule 4A (exclusion of certain shared ownership leases) for "Commission for the New Towns" substitute "new towns residuary body"."
 

BARONESS HAMWEE

 

LORD GREAVES

74Page 191, line 33, at end insert—
 

"Local Government Act 1972 (c. 7)

(1)      Section 100J(1) of the Local Government Act 1972 (application to new authorities, common council, etc) is amended as follows.
(2)      Insert, at the appropriate place, "Homes and Communities Agency."
 

BARONESS ANDREWS

75Page 196, line 10, at end insert—
 

"Landlord and Tenant Act 1987 (c. 31)

       The Landlord and Tenant Act 1987 is amended as follows.
       In section 21(3)(a) (tenant's right to apply to tribunal for appointment of manager)—
(a)  after "by" insert "—
(i)  ", and
(b)  after "resident landlord," insert "or
(ii)  the Welsh Ministers in their new towns residuary capacity,".
       In section 29(7)(a) (conditions for making acquisition orders)—
(a)  after "by" insert "—
(i)  ", and
(b)  after "resident landlord," insert "or
(ii)  the Welsh Ministers in their new towns residuary capacity,".
       In section 58(1) (exempt landlords and resident landlords)—
(a)  in paragraph (b) omit "the Commission for the New Towns or", and
(b)  after paragraph (de) insert—
"(df)  the Homes and Communities Agency;".
       In section 60 (general interpretation) after subsection (1) insert—
"(1A)  In this Act a reference to the Welsh Ministers in their new towns residuary capacity means the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981.""
76Page 199, line 33, at end insert—

 
back to previous pagecontinue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2008
4 July 2008