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Housing and Regeneration Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON THIRD READING


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

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 2

 

BARONESS ANDREWS

1Page 2, line 8, at end insert—
 ""good design" includes design which has due regard to the needs of elderly persons and disabled persons,"
2Page 2, line 34, leave out "section" and insert "sections 19(4A) (financial assistance), 44 (local government involvement) and"
 

Clause 13

 

BARONESS ANDREWS

3Page 5, line 21, leave out "for all permitted purposes or"
4Page 5, line 23, leave out "all kinds of development or"
 

Clause 14

 

BARONESS ANDREWS

5Page 6, line 37, leave out "for all permitted purposes or"
6Page 6, line 38, leave out "all kinds of development or"
7Page 6, line 44, leave out "all relevant functions, or"
8Page 7, line 13, leave out paragraph (c)
9Page 7, line 32, leave out subsection (8)
 

Clause 19

 

BARONESS ANDREWS

10Page 10, line 35, at end insert—
"(4A)  The objects of the HCA are not to be read as preventing the HCA from exercising functions in relation to financial assistance (whether under this section or otherwise) which—
(a)  are transferred to the HCA from the Housing Corporation by virtue of this Act, or
(b)  would supersede functions of the Housing Corporation,
  in ways corresponding to those in which the Housing Corporation could have exercised its functions."
 

Clause 30

 

BARONESS ANDREWS

11Page 13, line 36, leave out from "may" to end of line 15 on page 14 and insert "provide such services for communities as it considers appropriate or facilitate the provision of such services"
 

Clause 58

 

BARONESS ANDREWS

12Page 28, line 28, column 2, after "2" insert ", 19(4A)"
 

Clause 79

 

BARONESS ANDREWS

13Page 38, line 13, after "England," insert—
"(ca)  a community land trust which owns land in England,"
14Page 38, line 19, at end insert—
"(2)  In subsection (1)(ca) "community land trust" means a body corporate which satisfies the conditions below.
(3)  In those conditions "local community" means the individuals who live or work, or want to live or work, in a specified area.
(4)  Condition 1 is that the body is established for the express purpose of furthering the social, economic and environmental interests of a local community by acquiring and managing land and other assets in order—
(a)  to provide a benefit to the local community, and
(b)  to ensure that the assets are not sold or developed except in a manner which the trust's members think benefits the local community.
(5)  Condition 2 is that the body is established under arrangements which are expressly designed to ensure that—
(a)  any profits from its activities will be used to benefit the local community (otherwise than by being paid directly to members),
(b)  individuals who live or work in the specified area have the opportunity to become members of the trust (whether or not others can also become members), and
(c)  the members of the trust control it."
 

After Clause 113

 

BARONESS ANDREWS

15Insert the following new Clause—
  "Registration of local authorities
(1)  The Secretary of State may by order—
(a)  repeal section 113, or
(b)  amend it so as to permit the registration of specified classes of local authority.
(2)  The Secretary of State may by order require the regulator to register—
(a)  a specified local authority, or
(b)  a specified class of local authority.
(3)  Registration under subsection (2)—
(a)  takes effect in accordance with any provision of the order about timing or other procedural or incidental matters,
(b)  does not require an application for registration, and
(c)  may apply to a local authority whether or not it is eligible for registration by virtue of subsection (1).
(4)  If the Secretary of State thinks it necessary or desirable in connection with the registration of local authorities, the Secretary of State may by order—
(a)  provide for a provision of this Part or any other enactment not to apply in relation to registered local authorities;
(b)  provide for a provision of this Part or any other enactment to apply with specified modifications in relation to registered local authorities;
(c)  amend a provision of this Part or any other enactment.
(5)  In this section—
(a)  "local authority" means an authority or person to whom section 113 applies or has applied, and
(b)  "registered local authorities" means authorities or persons who are registered, registrable or to be registered as a result of an order under subsection (1) or (2) above.
(6)  Before making an order under this section the Secretary of State shall consult—
(a)  any authority or person likely to be affected by it, and
(b)  such other persons as the Secretary of State thinks fit."
 

Clause 319

 

BARONESS ANDREWS

16Page 149, line 41, leave out "14(8)" and insert "13"
17Page 149, line 41, after "14(8)" insert ", (Registration of local authorities)"
18Page 150, line 10, at end insert—
"( )  If a draft of an instrument containing an order under section 13 would, apart from this subsection, be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument."
19Page 150, line 15, leave out "13 or"
20Page 150, line 15, leave out second "section" and insert "sections (Registration of local authorities) and"
 

Schedule 8

 

BARONESS ANDREWS

21Page 195, line 20, at end insert—
 

"Local Government Act 1972 (c. 70)

       The Local Government Act 1972 is amended as follows.
    (1)   Section 100J (application of Part 5A of the Act to new authorities, Common Council, etc.) is amended as follows.
(2)      In subsection (1) after paragraph (f) insert—
"(g)  the Homes and Communities Agency so far as it is exercising functions conferred on it in relation to a designated area by virtue of a designation order."
(3)      After subsection (2) insert—
"(2A)      In its application by virtue of subsection (1)(g) above in relation to the Homes and Communities Agency, a reference in this Part to the offices of the council (however expressed)—
(a)  is to be treated as a reference to such premises located within the designated area as the Homes and Communities Agency considers appropriate, and
(b)  in the application of section 100A(6)(a) above to a case where the meeting is to be held at premises other than those mentioned in paragraph (a) above, includes a reference to those other premises."
(4)      After subsection (3) insert—
"(3ZA)      In its application by virtue of subsection (1)(g) above in relation to the Homes and Communities Agency, section 100E above shall have effect as if—
(a)  in subsection (2), paragraph (c) was omitted, and
(b)  in subsection (3), for paragraphs (a) to (c) there were substituted—
"(a)  a committee established under paragraph 6(1) of Schedule 1 to the Housing and Regeneration Act 2008 for the purpose of exercising functions conferred on the Homes and Communities Agency in relation to a designated area by virtue of a designation order; or
(b)  a sub-committee of such a committee established under paragraph 6(2) of that Schedule to that Act for that purpose."
(3ZB)      In its application by virtue of subsection (1)(g) above in relation to the Homes and Communities Agency, section 100G(1) above shall have effect as if paragraph (a) was omitted."
(5)      After subsection (4A) insert—
"(4B)      In this section "designated area" and "designation order" have the same meanings as in Part 1 of the Housing and Regeneration Act 2008."
       In section 100K (interpretation and application of Part 5A) in the definition of "committee or sub-committee of a principal council" at the end insert "(and see section 100J(3ZA)(b) above)"."
22Page 199, line 29, at end insert—
 

"Housing Act 1985 (c. 68)

       In Schedule 5 to the Housing Act 1985 (exceptions to the right to buy) in paragraph 3, at the end insert ", or
 section 19 of the Housing and Regeneration Act 2008 (financial assistance) which was a grant made on condition that the housing association provides social housing (and "provides social housing" has the same meaning as in Part 1 of that Act).""
 

Schedule 11

 

BARONESS ANDREWS

23Page 219, line 2, at end insert "for purposes other than the purposes of the Secretary of State or the Welsh Ministers making orders under Part 2 of this Schedule"
24Page 223, line 29, at end insert "for purposes other than the purposes of the Secretary of State or the Welsh Ministers making orders under this Part of this Schedule"
 

Schedule 16

 

BARONESS ANDREWS

25Page 250, line 42, column 2, at beginning insert—
"In section 10(2), paragraph (e) and the "or" before it."

 
 
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©Parliamentary copyright 2008
17 July 2008