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S.C.A.

Amendment Paper as at
Thursday 12th July 2001

STANDING COMMITTEE A


HOMELESSNESS BILL

   

Mr Don Foster
Mr Adrian Sanders

10

Clause     15,     page     11,     line     1,     after 'any', insert 'deliberate, wilful, or negligent'.

   

Mr Nigel Waterson
Tim Loughton
Mr Geoffrey Clifton-Brown

9

Clause     15,     page     11,     line     4,     at end insert—

    '(d)   any record of behaviour of a person (or a member of his household) which has affected the terms of a previous tenancy he has held.'.

   

Mr Don Foster
Mr Adrian Sanders

11

Clause     15,     page     11,     line     37,     leave out 'has the right to request the authority to inform him' and insert 'is informed'.


NEW CLAUSES

Rough sleepers   

Mr Nigel Waterson
Tim Loughton
Mr Geoffrey Clifton-Brown

NC1

To move the following Clause:—

       'The Rough Sleepers Unit shall cease to operate with effect from April 2002, and its powers and responsibilities shall be devolved to local housing authorities.'.


Section 202: reviews   

Mr Don Foster
Mr Adrian Sanders

NC2

To move the following Clause:—

       'After section 202 of the 1996 Act (right to request review of decision) there is inserted—

    "202A Section 202: reviews    (1)   This section applies where an applicant has the right to request a review of a decision by an authority or authorities under section 202.

    (2)   If the applicant is dissatisfied with a decision by the authority—

    (a)   not to exercise their power to continue to secure that accommodation is available for the applicant's occupation pending a review under section 188;

    (b)   in a case where the authority have secured that accommodation is available for the applicant's occupation under section 190(2)(a), to cease to secure that accommodation is so available before the time available to the applicant to bring an appeal under section 204 has expired (or, if sooner, the day on which an appeal is brought by the applicant);

    (c)   not to exercise their power to secure that accommodation is available for the applicant's occupation pending a review, under section 200(5); or

    (d)   to exercise their power under either section 188 or section 200(5) for a limited time ending before the time available to the applicant to bring an appeal under section 204 has expired (or, if sooner, the day on which an appeal is brought by the applicant), or, in either case, to cease exercising their power before that time,

       he may appeal to the county court against the decision.

    (3)   An appeal under this section may not be brought after the time available to the applicant to bring an appeal under section 204 has expired (or, if sooner, after the date on which an appeal is brought).

    (4)   On an appeal under this section the court—

    (a)   may order the authority to secure that accommodation is available for the applicant's occupation until the time available to the applicant to bring an appeal under section 204 has expired (or such earlier time as the court may specify); and

    (b)   shall confirm or quash the decision appealed against,

       and in considering whether to confirm or quash the decision the court shall apply the principles applied by the High Court on an application for judicial review.

    (5)   If the court quashes the decision it may order the authority to exercise any of the powers mentioned in subsection (2) above in the applicant's case for such period as may be specified in the order.

    (6)   An order under subsection (5)—

    (a)   may only be made if the court is satisfied that failure to exercise the power in accordance with the order would substantially prejudice the applicant's ability to pursue the review against the authority's decision in his case;

    (b)   may not specify any period ending after the time available to the applicant to bring an appeal under section 204 has expired.".'.


Overcrowding and homelessness   

Ms Karen Buck

NC3

To move the following Clause:—

    '(1)   Section 177 of the Housing Act 1996 (whether it is reasonable to continue to occupy accommodation) is amended as follows.

    (2)   After subsection (1) there is inserted—

    "(1A)   It is not reasonable for a person to continue to occupy accommodation if the accommodation is a dwelling which is overcrowded within the meaning of section 324 of the Housing Act 1985, and in any such case the authority shall not have regard to the general circumstances prevailing in relation to housing in their district.".'.


   

Ms Karen Buck

16

Schedule     1,     page     14,     line     3,     at end insert—

       'In section 190 (duties to persons becoming homeless intentionally), after subsection (3) there is inserted—

    "(4)   In any case where the local housing authority are advised by a social services authority that a child who is in need within the meaning of section 17(10) of the Children Act 1989 resides with an applicant to whom they have secured that accommodation is available under subsection (2) above, they shall—

    (a)   continue to secure that accommodation is available for the occupation of the applicant and any such child for so long as the social services authority advise them that accommodation is required to enable the social services authority to provide services to such a child to promote or safeguard the child's welfare; or

    (b)   provide such assistance to the social services authority as shall enable the applicant to secure that accommodation becomes available from some other person.".'.

   

Mr Don Foster
Mr Adrian Sanders

13

Schedule     1,     page     15,     line     23,     at end insert—

                'For section 210(1) (suitability of accommodation) there is substituted—

       "In determining for the purposes of this Part whether accommodation is suitable for a person, accommodation shall only be regarded as suitable if—

    (a)   it is not overcrowded (within the meaning of section 324 of the Housing Act 1985);

    (b)   it is fit for the number of occupants and it has adequate means of escape from fire (within the meaning of sections 352 and 365 of the Housing Act 1985); and

    (c)   in the view of the authority it is fit for human habitation (within the meaning of section 604 of the Housing Act 1985).".'.


 
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Prepared 12 Jul 2001