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Amendment Paper as at
Wednesday 7th February 2001

CONSIDERATION OF BILL


HOMES BILL, AS AMENDED

NEW CLAUSES

Application of Part VI of 1996 Act to existing tenants

   

Mr Secretary Prescott

NC15

To move the following Clause:—

    'For subsections (5) and (6) of section 159 of the 1996 Act (application of Part VI of that Act to existing secure and introductory tenants, to existing tenants of registered social landlords and to certain other tenants) there is substituted—

            '(5) The provisions of this Part do not apply to an allocation of housing accommodation to a person who is already a secure or introductory tenant unless the allocation involves a transfer of housing accommodation for that person and is made on his application.'.


Persons claiming to be homeless who are at risk of violence

   

Mr Secretary Prescott

NC16

To move the following Clause:—

    '(1) In section 177 of the 1996 Act (cases when it is reasonable to continue to occupy accommodation)—

    (a) in subsection (1), after "domestic violence" there is inserted "or other violence"; and

    (b) for the words following paragraph (b) of subsection (1) there is substituted—

            "(1A) For this purpose "violence" means—

          (a) violence from another person; or

          (b) threats of violence from another person which are likely to be carried out;

            and violence is "domestic violence" if it is from a person who is associated with the victim."

    (2) In section 198 of the 1996 Act (conditions for referral of case to another local housing authority), for subsection (3) there is substituted—

            "(2A) But the conditions for referral mentioned in subsection (2) are not met if—

    (a) the applicant or any person who might reasonably be expected to reside with him has suffered violence (other than domestic violence) in the district of the other authority; and

    (b) it is probable that the return to that district of the victim will lead to further violence of a similar kind against him.

            (3) For the purposes of subsections (2) and (2A) "violence" means—

    (a) violence from another person; or

    (b) threats of violence from another person which are likely to be carried out;

    and violence is "domestic violence" if it is from a person who is associated with the victim.".'.


New form of short term tenure for councils (short social tenancy)

   

Mr Archie Norman
Mr Nigel Waterson
Mr David Curry
Mr Tim Loughton
Mr Geoffrey Clifton-Brown

NC1

To move the following Clause:—

    '. In Schedule 1 of the Housing Act 1985 (tenancies which are not secure tenancies), after paragraph 4 there is inserted—

    "4A. A tenancy is not a secure tenancy provided that—

            (i) the local housing authority concerned has notified the tenant that the property is not being allocated as a secure tenancy; and

            (ii) the local housing authority concerned has notified the tenant of the reason or reasons why the property is not being allocated as a secure tenancy; and

            (iii) the dwelling has either been designated as unsuitable for a secure tenancy in accordance with regulations made by the Secretary of State or the dwelling has been allocated in accordance with the provisions of a local letting scheme under section 167(2B) of the Housing Act 1996.".'.


Co-operation between registered social landlords and local housing authorities

   

Mr Don Foster
Mr Tom Brake

NC2

To move the following Clause:—

    '.—( ) For section 170 of the 1996 Act (co-operation between registered social landlords and local housing authorities) there is substituted—

    "Where a local housing authority so request, a registered social landlord shall co-operate in offering accommodation to people with priority under the authority's allocation scheme, if to do so is compatible with their constitution and does not unduly prejudice the discharge of any of their functions".'.


Co-operation between relevant housing authorities and bodies

   

Mr Don Foster
Mr Tom Brake

NC3

To move the following Clause:—

    '( ).—(1) Section 213 (co-operation between relevant housing authorities and bodies) of the 1996 Act is amended as follows.

    After subsection (1) there is inserted—

    "( ) Where a local housing authority request a registered social landlord to assist them in the discharge of their functions under this part, the landlord to whom the request is made shall co-operate in rendering such assistance in the discharge of the functions to which the request relates, if to do so is compatible with their constitution and does not unduly prejudice the discharge of any of their functions."

    (2) In subsection (2)(a) the words "a registered social landlord or housing action trust" shall cease to have effect.".'.


Duty to persons with priority need who are not homeless intentionally

   

Mr Don Foster
Mr Tom Brake

NC4

To move the following Clause:—

    '.—( ) In section 193 of the 1996 Act (duty to persons with priority need who are not homeless intentionally) after subsection (7) there is inserted—

    "(7A) an offer of accommodation under Part VI is a final offer for the purposes of subsection (7) if it is made in writing, states that is a final offer for the purposes of subsection (7) and states that the offer shall remain available to the applicant for not less than three working days from the date of the offer, or such longer period as the authority consider reasonable in all the circumstances.".'.


Right of review of eligibility for allocation of housing accommodation

   

Mr Don Foster
Mr Tom Brake

NC5

To move the following Clause:—

    '.—( ) If a local housing authority decides that an applicant for housing accommodation is ineligible by virtue of subsection (3) and (5) of section 160A for an allocation by them, they shall inform him of his right to request a review of the decision and of the time within which such a request must be made.'.


Interim duty to accommodate in case of apparent priority need

   

Mr Don Foster
Mr Tom Brake

NC6

To move the following Clause:—

'( ).—Section 188 (interim duty to accommodate in case of an apparent priority need) of the 1996 Act is amended as follows.

    (3) After subsection (3) for the words "The authority may continue to secure that accommodation is available for the applicant's occupation pending a decision on a review" there is substituted—

    "The authority shall, if the applicant requests a review of the decision, consider whether to continue to secure that accommodation is available for the applicant pending a decision on a review, and shall take into account all the circumstances and in particular—

    (a) any new information provided by the applicant since the authority's decision was notified to him;

    (b) whether a decision not to continue to secure that accommodation is available for his occupation will substantially affect his ability to pursue his request for a review;

    (c) the merits of the request for a review, as they appear to the authority at the time the request is made.".'.


Right of appeal to county court on point of law

   

Mr Don Foster
Mr Tom Brake

NC7

To move the following Clause:—

    '.(1) Section 204 of the 1996 Act (right of appeal to county court on point of law) is amended as follows.

    (2) In subsection (2), after the words "decision on review" there is inserted "or such longer period as the authority and the applicant may agree or as the court may allow.".

    (3) For subsection (4) there is substituted—

    "(4) where the authority were under a duty under section 188, 190 or 200 to secure that accommodation is available for the applicant's occupation, they shall consider whether to continue to secure that accommodation is so available—

    (a) during the period for appealing under this section against the authority's decision, and

    (b) if an appeal is brought, until the appeal (and any further appeal) is finally determined

    and they shall take into account all the circumstances and in particular—

    (a) any new information provided by the applicant since the authority's decision was notified to him;

    (b) whether a decision not to continue to secure that accommodation is available for his occupation will substantially affect his ability to pursue his request for a review;

    (c) the merits of the request for a review, as they appear to the authority at the time the request is made.".

    (4) After subsection (4) there is inserted—

    "(5) A county court may, in any case where an applicant appeals under this section, require the authority to continue to secure that accommodation is available until the appeal (and any further appeal) is determined.".'.


Guidance by the Secretary of State

   

Mr Don Foster
Mr Tom Brake

NC10

To move the following Clause:—

    '.—( ) In section 169 of the 1996 Act (guidance by the Secretary of State) after subsection (2) there is inserted—

    "(3) Without prejudice to subsection (2) of this section, a local housing authority or social services authority shall exercise their functions relating to the allocation of housing accommodation in accordance with such directions as may be given to them under this section by the Secretary of State.

    (4) Directions under this section—

    (a) shall be given in writing; and

    (b) may be given to a particular authority, or to authorities of a particular class, or to authorities generally.".'.

 
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