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Amendments to the Homes Bill

Homes Bill


AMENDMENTS
TO BE MOVED
IN COMMITTEE


 

Clause 1

 

THE BARONESS MADDOCK
THE BARONESS HAMWEE

The above-named Lords give notice of their intention to oppose the Question that Clause 1 stand part of the Bill.
 

Clause 2

 

THE BARONESS MADDOCK
THE BARONESS HAMWEE

The above-named Lords give notice of their intention to oppose the Question that Clause 2 stand part of the Bill.
 

Clause 3

 

THE LORD DIXON-SMITH
THE BARONESS HANHAM
THE EARL OF CAITHNESS

Page 3, line 33, leave out subsection (8)
Page 3, line 35, leave out subsection (9)
 

THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY

Page 3, line 36, leave out from "section" to end of line 39 and insert "shall refund to a potential buyer the costs reasonably incurred by him in obtaining any information which would have been disclosed to him if the requirements of this section had been complied with"
 

THE LORD DIXON-SMITH
THE BARONESS HANHAM
THE EARL OF CAITHNESS

Page 3, line 38, leave out subsection (10)
 

THE BARONESS MADDOCK
THE BARONESS HAMWEE

The above-named Lords give notice of their intention to oppose the Question that Clause 3 stand part of the Bill.
 

Clause 4

 

THE LORD DIXON-SMITH
THE BARONESS HANHAM
THE EARL OF CAITHNESS

Page 4, line 21, leave out subsection (5)
 

THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY

Page 4, line 22, leave out from "section" to end of line 25 and insert "shall refund to a potential buyer the costs reasonably incurred by him in obtaining any information which would have been disclosed to him if the requirements of this section had been complied with"
 

THE LORD DIXON-SMITH
THE BARONESS HANHAM
THE EARL OF CAITHNESS

Page 4, line 24, leave out subsection (6)
 

THE EARL OF CAITHNESS
THE BARONESS MADDOCK
THE BARONESS HAMWEE

The above-named Lords give notice of their intention to oppose the Question that Clause 4 stand part of the Bill.
 

Clause 5

 

THE LORD DIXON-SMITH
THE BARONESS HANHAM

Page 4, line 34, at end insert—
"(4)  This section shall not apply to the residential properties owned by local authorities or registered social landlords."
 

THE BARONESS MADDOCK
THE BARONESS HAMWEE

The above-named Lords give notice of their intention to oppose the Question that Clause 5 stand part of the Bill.
 

Clause 6

 

THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY

Page 4, line 36, leave out subsections (1) and (2)
Page 5, line 3, leave out from first "a" to end of line 4 and insert "reasonable excuse for failure to comply with section 3(3) that at the time the request was made the responsible person"
Page 5, line 11, leave out subsection (4)
 

THE LORD DIXON-SMITH
THE BARONESS HANHAM
THE BARONESS MADDOCK
THE BARONESS HAMWEE

The above-named Lords give notice of their intention to oppose the Question that Clause 6 stand part of the Bill.
 

Clause 7

 

THE EARL OF CAITHNESS

Page 6, line 4, leave out paragraph (d)
 

THE LORD DIXON-SMITH
THE BARONESS HANHAM

Page 6, line 11, leave out "a draft" and insert "headings for a"
 

THE BARONESS MADDOCK
THE BARONESS HAMWEE

The above-named Lords give notice of their intention to oppose the Question that Clause 7 stand part of the Bill.
 

Clause 8

 

THE EARL OF CAITHNESS
THE BARONESS MADDOCK
THE BARONESS HAMWEE

The above-named Lords give notice of their intention to oppose the Question that Clause 8 stand part of the Bill.
 

Clause 9

 

THE BARONESS MADDOCK
THE BARONESS HAMWEE

The above-named Lords give notice of their intention to oppose the Question that Clause 9 stand part of the Bill.
 

Clause 10

 

THE BARONESS MADDOCK
THE BARONESS HAMWEE

The above-named Lords give notice of their intention to oppose the Question that Clause 10 stand part of the Bill.
 

Clause 11

 

THE BARONESS MADDOCK
THE BARONESS HAMWEE

The above-named Lords give notice of their intention to oppose the Question that Clause 11 stand part of the Bill.
 

Clause 12

 

THE BARONESS MADDOCK
THE BARONESS HAMWEE

The above-named Lords give notice of their intention to oppose the Question that Clause 12 stand part of the Bill.
 

Clause 13

 

THE BARONESS MADDOCK
THE BARONESS HAMWEE

The above-named Lords give notice of their intention to oppose the Question that Clause 13 stand part of the Bill.
 

Clause 14

 

THE BARONESS MADDOCK
THE BARONESS HAMWEE

The above-named Lords give notice of their intention to oppose the Question that Clause 14 stand part of the Bill.
 

Clause 15

 

THE BARONESS MADDOCK
THE BARONESS HAMWEE

The above-named Lords give notice of their intention to oppose the Question that Clause 15 stand part of the Bill.
 

Clause 20

 

THE BARONESS MADDOCK
THE BARONESS HAMWEE

Page 13, line 2, at end insert—
"(3)  In providing (or securing the provision of) advice and assistance under sections 190(2)(b) and (3), 192(2) and 195(5) of the 1996 Act, a local authority shall ensure that an assessment of an applicant's housing and related needs is carried out, and that the results of that assessment are taken into account in the provision of that advice and assistance."
 

Clause 22

 

THE BARONESS MADDOCK
THE BARONESS HAMWEE

Page 13, line 31, at end insert ", and states that the offer shall remain available to the applicant for not less than 3 working days from the date of the offer, or such longer period as the authority consider reasonable in all the circumstances"
 

After Clause 24

 

THE BARONESS MADDOCK
THE BARONESS HAMWEE

Insert the following new Clause—
  "Accommodation during appeal: power of county court
(1)  Section 204 of the 1996 Act (right of appeal to county court on point of law) is amended as follows.
(2)  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.""
Insert the following new Clause—
  "Accommodation pending a decision on a review
(1)  Section 188 (interim duty to accommodate in case of an apparent priority need) of the 1996 Act is amended as follows.
(2)  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; and
    (c)  the merits of the request for a review, as they appear to the authority at the time the request is made.""
Insert the following new Clause—
  "Right of appeal: extension of time
(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"."
Insert the following new Clause—
  "Provision of accommodation during appeal
(1)  Section 204 of the 1996 Act (Right of appeal to county court on point of law) is amended as follows.
(2)  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—
    (i)  any new information provided by the applicant since the authority's decision was notified to him;
    (ii)  whether a decision not to continue to secure that accommodation is available for his occupation will substantially affect his ability to pursue his appeal; and
    (iii)  the merits of the appeal, as they appear to the authority.""
 

Clause 28

 

THE BARONESS MADDOCK
THE BARONESS HAMWEE

Page 18, line 21, after "any" insert "deliberate, wilful or negligent"
Page 18, line 35, at end insert ", save an order where, in the exercise of the court's powers under section 85(2) of that Act, execution of the order would be stayed or suspended or the date of possession postponed"
Page 18, line 41, at end insert—
"(2EA)  When the authority notifies a person of a decision under this Part, 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."
 

Schedule 1

 

THE BARONESS MADDOCK
THE BARONESS HAMWEE

The above-named Lords give notice of their intention to oppose the Question that Schedule 1 be the first Schedule to the Bill.

 
 
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©Parliamentary copyright 2001
30 March 2001