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Housing and Regeneration Bill


SECOND
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—

Clauses 69 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.

 

Clause 69

 

BARONESS ANDREWS

89Page 34, line 19, at end insert—
"(3A)  The Secretary of State may by order make further provision in respect of a function transferred under this section (which may, in particular, include provision for the function to cease to be exercisable)."
 

Clause 72

 

LORD DIXON-SMITH

 

EARL CATHCART

90Page 35, line 35, 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."
 

Clause 81

 

LORD GRAHAM OF EDMONTON

91Page 38, line 20, after "England," insert—
"(   )  a community land trust (as defined in section 274),"
 

After Clause 82

 

EARL ONSLOW

92Insert 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 88

 

BARONESS FINLAY OF LLANDAFF

92A*Page 40, line 36, at end insert—
"(   )  Pursuit of Objective 2 includes, but is not limited to the protection of children from the risks to health arising from exposure to electric and magnetic fields with a frequency of between 30 and 300 Hertz."
 

LORD DIXON-SMITH

 

EARL CATHCART

93Page 41, line 12, leave out subsections (11) and (12) and insert—
"(   )  The regulator shall perform its functions in a manner which—
(a)  minimises interference,
(b)  is proportionate, consistent, transparent and accountable, and
(c)  complies with any duty of the regulator under section 22 of the Legislative and Regulatory Reform Act 2006 (c. 51) (code of practice)."
 

LORD FILKIN

94Page 41, line 14, at end insert ", and
(c)  promotes dispute and complaint resolution at a local level"
 

BARONESS FINLAY OF LLANDAFF

94A*Page 41, line 21, at end insert—
"(   )  The Secretary of State may add to or amend the regulator's fundamental objectives as the Secretary of State thinks appropriate."
 

Clause 94

 

BARONESS ANDREWS

95Page 42, line 22, leave out "and"
96Page 42, line 24, at end insert ", and
(c)  contain a general description of complaints made to the regulator in that year about the performance of registered providers and of how those complaints have been dealt with."
 

After Clause 99

 

BARONESS ANDREWS

97Insert the following new Clause—
  "Tenant involvement
(1)  The regulator shall—
(a)  promote awareness of the regulator's functions among tenants of social housing,
(b)  where the regulator thinks it appropriate, consult them about the exercise of its functions (for example, by holding meetings), and
(c)  where the regulator thinks it appropriate, involve them in the exercise of its functions (for example, by appointing them to committees or sub-committees).
(2)  The regulator shall from time to time publish a statement about how it proposes to comply with subsection (1).
(3)  Before publishing a statement the regulator must consult such persons as it thinks appropriate."
 

Clause 110

 

BARONESS ANDREWS

98Page 47, line 8, after "regulator" insert "if the authority thinks that the disclosure is necessary"
99Page 47, line 10, after "authority" insert "if the regulator thinks that the disclosure is necessary"
 

Clause 114

 

BARONESS ANDREWS

100Page 48, line 21, leave out from "authority" to end of line 22
 

After Clause 123

 

LORD DIXON-SMITH

 

EARL CATHCART

101Insert the following new Clause—
  "Accountability of providers
(1)  Every registered provider shall prepare a statement showing how it will account to residents for the performance of its functions in relation to social housing.
(2)  The statement shall be published in printed or electronic form and a copy supplied to the regulator."
 

Clause 124

 

BARONESS ANDREWS

102Page 52, line 38, leave out subsection (1) and insert—
"(1)  In section 51 of, and Schedule 2 to, the Housing Act 1996 (c. 52) (schemes for investigation of complaints by housing ombudsmen) for "Relevant Authority", wherever appearing, substitute "Regulator of Social Housing".
(1A)  In section 51 of that Act—
(a)  for subsection (2)(a) substitute—
"(a)  a registered provider of social housing,",
(b)  in subsection (2)(d) after "registered with" insert "the Regulator of Social Housing or", and
(c)  at the end add—
"(7)  Section 52 shall apply to an order under subsection (4) (with any necessary modifications)."
(1B)  In paragraph 6(2) of Schedule 2 to that Act (grants) for "Housing Corporation", in both places, substitute "Regulator of Social Housing"."
103Page 53, line 12, at end insert—
"(3)  At the end of Schedule 2 to that Act add—
 

"General provision about orders

 12      Section 52 shall apply to an order of the Secretary of State under this Schedule (with any necessary modifications).""
 

Clause 148

 

BARONESS ANDREWS

104Page 63, line 31, leave out from "moratorium" to end of line 33 and insert "a disposal of the registered provider's land requires the regulator's prior consent."
 

Clause 149

 

BARONESS ANDREWS

105Page 64, line 15, leave out "to which" and insert "for which consent is required under—
(a)  "
106Page 64, leave out line 16 and insert ", or
(b)  section 173 of the Local Government and Housing Act 1989 (c. 42)."
 

After Clause 149

 

BARONESS ANDREWS

107Insert the following new Clause—
  "Disposals without consent
(1)  A purported disposal by a registered provider is void if—
(a)  it requires the regulator's consent under section 148, and
(b)  the regulator has not given consent.
(2)  But subsection (1) does not apply to a disposal by a non-profit registered provider to one or more individuals ("the buyer") if—
(a)  the disposal is of a single dwelling, and
(b)  the registered provider reasonably believes at the time of the disposal that the buyer intends to use the property as the buyer's principal residence."
 

Clause 166

 

BARONESS ANDREWS

108Page 71, line 25, after "specified" insert "non-profit"
 

Clause 167

 

BARONESS ANDREWS

109Page 71, line 40, after "a" insert "non-profit"
 

Clause 172

 

BARONESS ANDREWS

110Page 73, line 14, leave out "to which" and insert "for which consent is required under—
(a)  "
111Page 73, line 15, leave out "applies (disposals requiring consent)" and insert ", or
(b)  section 173 of the Local Government and Housing Act 1989 (c. 42)."
 

Clause 176

 

BARONESS ANDREWS

112Page 75, line 6, at end insert—
"(   )  Where this section applies in relation to the proceeds of sale arising on a disposal, section 35 above, section 27 of the Housing Act 1996 (c. 52) and section 52 of the Housing Act 1988 (c. 50) do not apply."
 

Clause 182

 

BARONESS ANDREWS

113Page 77, line 35, at end insert—
  "and for this purpose "infrastructure" has the same meaning as in Part 1."
 

After Clause 185

 

BARONESS ANDREWS

114Insert the following new Clause—
  "Change of use, &c.
(1)  Where the regulator's consent is required for the disposal of a dwelling by a registered provider, sections 171 to 174 continue to apply in relation to a disposal of the land by the registered provider even if the land has ceased to be a dwelling.
(2)  Sections 171 to 174 also apply in relation to a disposal of land by a registered provider which would fall within Exception 2 or 3 of section 172 but for a change of use of the land by the registered provider."
 

Clause 189

 

BARONESS ANDREWS

115Page 80, line 44, at end insert—
"(ba)  after subsection (1A) insert—
"(1B)  This section does not apply to a disposal of land by a registered provider of social housing unless the land is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008.""
 

Clause 190

 

BARONESS ANDREWS

116Page 81, line 31, leave out paragraph (d) and insert—
"(d)  requires the regulator to give guidance about complaints relating to registered providers and about the use of its powers under this Chapter and Chapter 7 (sections 213 and 214),"
 

Clause 191

 

LORD DIXON-SMITH

 

EARL CATHCART

117Page 81, line 39, leave out "social housing" and insert "low cost rental accommodation and regulated low cost home ownership accommodation"
118Page 82, line 6, leave out "complaints by tenants against landlords" and insert "differences between landlords and tenants"
119Page 82, line 8, leave out "or control"
 

BARONESS FINLAY OF LLANDAFF

119A*Page 82, line 13, leave out "and"
119B*Page 82, line 14, at end insert—
"(   )  the distance of housing from any overhead transmission line,
(   )  levels of electric and magnetic fields with a frequency of between 30 and 300 Hertz permitted in housing, and
(   )  locations of housing intended for occupation by families with children."

 
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8 July 2008