Proposed amendments
881 amendments across 140 provisions
Clause 1 3
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“Home ownership” means the holding of a legal estate by a home owner in a home or in a share of a home.
Clause 2 23
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is subject to a restriction requiring repayment of the 20% discount, reduced by 1/20th for each year of occupation by the purchaser, for a period of 20 years,”
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Regulations shall provide that the discount specified in subsection (1)(c) shall continue to be applied to the sale price of the relevant starter home on every subsequent sale of that dwelling (including, but not limited to, any sale of the property after the initial five year period).”
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may be purchased through a rent-to-buy arrangement as well as by direct purchase,”
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is not to be sold to buy-to-let investors,”
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is built on under-used or unviable brownfield sites not currently identified for housing on public and private land, as determined by the local authority,”
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is subject to a restriction requiring repayment of the 20% discount, reduced by 1% for each year of occupation by the purchaser, for a period of 20 years,”
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References to a starter home shall not include any dwelling which forms part of a housing regeneration scheme.
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lives or works locally.”
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The meaning of “locally” in subsection (3) shall be defined by the relevant local authority or the Greater London Authority.”
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”
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disapply the age requirement in subsection (3)(b) in relation to specified categories of people;
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Before making regulations under subsection (8) the Secretary of State must consult—
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Regulations under this section may amend this Chapter.”
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Regulations shall provide that the discount specified in subsection (1)(c) shall continue to be applied to the sale price of the relevant starter home on every subsequent sale of that dwelling (including, but not limited to, any sale of the property after the initial five year period).”
Clause 3 10
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In addition to its duty under subsection (1) in relation to starter homes, an English planning authority must also ensure that there is an adequate supply of affordable homes in its area for—
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In carrying out its duty to promote the supply of starter homes, a local planning authority in England must take account of its assessment of housing need and local viability, in particular for—
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In addition to its duty under subsection (1) in relation to starter homes, an English planning authority must also ensure that there is an adequate supply of affordable homes in its area for—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Clause 4 21
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An English planning authority may only grant planning permission for a residential development having had regard to the provision of starter homes based on its own assessment of local housing need and viability.”
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Age-restricted housing schemes for older persons will be exempt from any requirement to provide starter homes.”
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The regulations shall confer discretion on an English planning authority to exclude starter homes on rural exception sites.
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“Planning obligations: starter homes
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Planning obligations: starter homes (No. 2)
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An English planning authority, in carrying out its relevant planning functions, must identify the starter homes requirement for its area alongside other requirements for housing based on an assessment of local housing need and viability.”
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“Home ownership scheme” means a scheme which provides opportunities for home ownership which are affordable to prospective home owners having regard to the local housing market and prevailing economic conditions, and which includes the provision of a certain number of starter homes.”
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The regulations may provide that sites are exempted from the requirement to promote starter homes where a site has a scheme that—
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Through regulations the Secretary of State shall require that local planning authorities only allow starter homes on rural exception sites where these are subject to locally agreed “in perpetuity” arrangements and will contribute to delivering a significant increase in the supply of affordable homes to meet local needs, including those for rent.
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The regulations shall take account of the requirements for affordable housing for—
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The regulations shall confer discretion on an English planning authority to exclude starter homes on rural exception sites.
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Age-restricted housing schemes for older persons will be exempt from any requirement to provide starter homes.”
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“Infrastructure requirement: provision of starter homes
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Clause 5 4
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The information provided for by subsection (1) must be displayed on the authority’s website and updated annually and must set out—
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The Secretary of State shall prepare a report on an annual basis containing information on the construction and sale of starter homes in the area of each local housing authority.
Clause 6 4
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Clause 7 3
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“Sunset provision: sections 1 to 7
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“CHAPTER 1A
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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Clause 8 1
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Clause 11 1
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“Carbon compliance standard for new homes
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Clause 12 2
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Clause 13 4
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unlawful eviction of a tenant; or
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This section shall not come into force until at least one year after the publication of a draft of regulations to be made under subsection (3).”
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This section shall not come into force until at least one year after the publication of a draft of regulations to be made under subsection (3).”
Clause 16 1
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A banning order must specify how many tenants are thought to be affected by the banning order and what arrangements will be put in place to mitigate against those tenants becoming homeless.
Clause 17 4
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Clause 20 2
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Where a person is convicted under subsection (1) of breaching a banning order and the breach continues after conviction, the person commits a further offence and is liable on summary conviction to a fine not exceeding one-tenth of level 2 on the standard scale for each day or part of a day on which the breach continues.
Clause 22 6
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If a breach continues for more than 6 months, a financial penalty may be imposed for each additional 6 month period for the whole or part of which the breach continues.”
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The financial penalty imposed under this section is to be retained by the authority imposing it.”
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Any guidance by the Secretary of State, as referred to in subsection (9), must be laid before Parliament in draft form, and may only be brought into force or operation if a resolution approving the draft guidance is passed by each House of Parliament.”
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Clause 27 1
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Clause 31 1
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An appeal under this section must be heard within 28 days.”
Clause 37 3
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A local housing authority is required to give access to the database to a tenant or a person seeking a tenancy.”
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Tenants and prospective tenants may establish whether an individual is listed on the database through their local housing authority.”
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A local housing authority is required to give access to the database to a tenant or a person seeking a tenancy.”
Clause 38 11
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for the protection of tenants.”
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in order to ascertain that due to being on the database, a landlord may not be granted an HMO licence.”
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For the purposes of paragraph 17 of Schedule 23 to the Finance Act 2011 (which relates to HMRC data-gathering powers), the database is to be treated as being maintained by the Secretary of State.”
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for the protection of tenants.”
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in order to ascertain that, due to being on the database, a landlord may not be granted an HMO licence.”
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“CHAPTER 3A
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Register of letting agents
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Clause 51 3
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“Extension of the Housing Ombudsman to cover the private rented sector
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“Appeals from the first-tier tribunal
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“Extension of the Housing Ombudsman to cover the private rented sector
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Clause 54 27
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But a person is not a property manager for the purposes of this Part if the person engages in English property management work in the course of that person’s employment under a contract of employment.”
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“Accreditation and licensing for private landlords
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Description of Houses in Multiple Occupation (HMOs)
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“Implied term of fitness for human habitation in residential lettings
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“Provision of tenure information when collecting council tax information
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“Requirement to carry out electrical safety checks
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“Rent arrears
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“Requirements relating to tenancy deposits: relevant persons
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“Requirements relating to tenancy deposits: serving information electronically
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“Custodial schemes: termination of tenancies
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“Mandatory register of all private landlords
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“Review of deposit protection
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“Security of tenure
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“Standards for guardianship schemes
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“Custodial schemes: termination of tenancies—absent or un-cooperative landlord or tenant
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““body corporate” includes a body incorporated outside England and Wales;”
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“Review of privately owned housing use
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“Implied term of fitness for human habitation in residential lettings
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“Regard for residential use of waterways
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“Licensing of private landlords
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“National rent deposit guarantee
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“Requirement to carry out electrical safety checks
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“Security of tenure
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Review of deposit protection
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Regard for residential use of waterways
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Review of privately owned housing use
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“Standards for guardianship schemes
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Clause 55 4
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the local housing authority responds to a request by the landlord confirming that they suspect the property to be abandoned.”
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the local housing authority responds to a request by the landlord confirming that they suspect the property to be abandoned.”
Clause 56 1
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Clause 57 8
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the tenant,
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“deposit payer” means a person who the landlord knows paid a tenancy deposit in relation to the tenancy on behalf of the tenant;”
Clause 58 1
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Clause 59 5
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Clause 60 2
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““tenancy deposit”, in relation to a tenancy, means any money intended to be held (by the landlord or otherwise) as security for—
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Clause 61 2
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“Review of effectiveness of empty dwelling management orders etc.
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Clause 62 13
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The Secretary of State must set as a condition under subsection (2) that money equivalent to the market value (disregarding any discount) of a dwelling sold under right to buy and to which the grant applies is spent by the private registered provider on the provision of affordable housing in the same local authority area or London borough, including at least one new home replacing that sold which is—
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The Secretary of State may only make or direct grants to private registered providers in respect of right to buy discounts where—
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supported housing for older people;
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the dwelling is in a rural area;
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In exceptional circumstances, as defined in regulations made by the Secretary of State, grant will be paid subject to the proceeds from the sale by a Community Land Trust being re-invested on a like for like basis by that Community Land Trust.
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A grant made under subsection (2) must include a condition that, if the dwelling to which the grant is applied is sold under the right to buy, money equivalent to the market value (disregarding any discount) of the dwelling is spent by the private registered provider on the provision of affordable housing in the same local authority area or London, including at least one new home replacing that sold which is—
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In rural areas, a grant may be paid subject to the proceeds from sale being re-invested in the parish or adjoining rural area where the sale has occurred, and the Secretary of State must, by regulations made by statutory instrument, define the process for re-investing the proceeds from sale in a rural area.
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Where a sale is of a property owned by a Community Land Trust, grant will be paid subject to the proceeds from the sale being re-invested by that Community Land Trust.
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A grant may be paid subject to the proceeds from sale being reinvested in the parish or adjoining rural area where the sale has occurred, where—
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In rural areas a grant must be paid subject to the proceeds from sale being reinvested in the parish where the sale has occurred, and the Secretary of State must, by regulations, define the process for re-investing the proceeds from sale in a rural area.
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Grants must not be payable on properties bought and turned into buy to let dwellings within ten years.”
Clause 63 2
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“Equity loan schemes
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Clause 64 3
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In carrying out the duty to monitor compliance under subsection (1), the Regulator must make a report where a community-led housing provider, as defined in Schedule (Community-led housing schemes), or a tenant management organisation, as defined in section (tenant management organisations), has used grants made by the Secretary of State to facilitate or meet a right to buy discount.”
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“Tenant management organisations
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Clause 65 3
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“Right to Buy: replacement dwellings
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“Community right of appeal
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Clause 66 1
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Clause 67 20
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the repayment of capital debt on any high value properties sold; and
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In determining how to define “higher value”, in relation to housing, the Secretary of State may—
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the cost of replacing every high value property sold within the same local authority area;
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The total payment required from all affected local authorities in any financial year shall not exceed the total grant paid in that year to private registered providers in respect of right to buy discounts.”
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Regulations under subsection (8) may not define a dwelling as “high value” if its sale value is less than the cost of rebuilding it and providing a replacement dwelling with the same number of bedrooms in the same local authority area.”
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“Additional homes
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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The Secretary of State may not appoint a day for the coming into force of subsections (1) to (7) in accordance with section 192 of this Act until the Secretary of State has by regulations made by statutory instrument specified the formula provided for in subsection (6).
Clause 68 13
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In making a determination under section 67, the Secretary of State must exclude housing in rural areas.”
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Regulations shall provide that housing shall be excluded where a vacancy has occurred as a result of the transfer of the former tenant to alternative accommodation in the social rented sector.
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it is not in a rural area.
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the local housing authority deems that there is no demand for it for rent.”
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it is not managed by an existing tenant management organisation, as defined by the Housing (Right to Manage) (England) Regulations 2012, and managing 1,500 or fewer local authority tenancies,”
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it is not in the Isles of Scilly.”
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Regulations shall provide that housing which has been newly constructed or substantially renovated within the period of two years before a determination shall be excluded from being taken into account under section 67(2).
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Regulations must be made under subsection (2)(b) which exclude properties—
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In making a determination under section 67, the Secretary of State must exclude housing in rural areas where the Secretary of State determines that it would not be reasonable to expect the local authority to ensure its replacement with at least one new affordable home in the same parish or adjoining parishes.”
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Regulations shall provide that housing shall be excluded where it forms part of a housing regeneration scheme or consists of specialist housing or recently improved housing.
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Regulations shall provide that housing shall be excluded where a vacancy has occurred as a result of the transfer of the former tenant to alternative accommodation in the social rented sector.
Clause 69 1
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Clause 70 1
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Clause 71 1
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Clause 72 6
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Subject to subsection (4), where the agreement is with a local housing authority in England, it must require the authority to ensure that at least one new affordable home is provided for each old dwelling.
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Where the agreement is with a local authority outside Greater London, it must require the authority to ensure that at least one new affordable home is provided for each old dwelling.”
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If a Combined Authority has agreed to ensure that a number of the new affordable homes are provided, that number is to be deducted from the number for which the local housing authority must be made responsible under subsection (4).”
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Where the agreement is with a local authority that includes a rural area, it must require the authority to ensure that at least one new affordable home is provided for each property sold in the parish or adjoining rural area where the dwelling has been sold.
Clause 73 8
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The terms and conditions of an agreement must include—
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If a local housing authority so wishes, and that authority can demonstrate, whether by reference to its local housing plan or otherwise, that there is a need in its area for social housing of the kind that it proposes to build, the Secretary of State shall enter into an agreement with that authority whereby it shall retain such part of the payment as may be required to fund the provision of a new dwelling to be let as social housing on terms (as to tenure, rent or otherwise) which are similar to those on which the old dwelling was let.”
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Clause 74 6
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A local housing authority which does sell its interest in any high value vacant housing must retain the revenue from the sale and use this to provide replacement affordable housing for rent in the local authority area.”
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Regulations shall provide that housing which has been newly constructed or substantially renovated within the period of two years before a determination shall be excluded from the duty in subsection (1).
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Subject to the following provisions of this section, subsections (1) to (4) of this section are repealed at the end of the period of three years beginning with the day on which this Act is passed.
Clause 75 3
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Clause 76 2
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Clause 77 6
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“Duty to support replacement of housing in rural areas
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Composition of housing stock
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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A statutory instrument containing regulations under subsection (2) may only be made if a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”
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Clause 78 25
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Any regulations made by the Secretary of State shall not apply—
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These regulations shall not provide for an increase in rent chargeable to a tenant by a local authority greater than 5% per annum or the Consumer Price Index plus 2%, whichever is the lesser.”
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These new regulations shall become effective for new tenancies granted after April 2017.”
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Regulations may not affect the rent for an existing tenant following a mutual exchange or housing transfer.”
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to take into account local affordability”
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to take into account the need to promote socially cohesive and mixed communities”
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to be increased on a tapered system relating to income and level of rent charged”
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The regulations must specify that the rent shall not equate to more than 10 pence for each pound of a tenant’s income above the minimum income threshold.”
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The regulations may create exceptions for high income tenants of social housing of a specified description.”
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The Secretary of State must make regulations to provide for the external valuation of high income rents.”
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Any regulations made by the Secretary of State under this section must include provisions for—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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Any regulations made by the Secretary of State under this section must include provisions for—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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The regulations shall not apply if the Secretary of State determines that the cost for a local authority of assessing the incomes of its tenants would be disproportionate to the additional rental income achievable from this provision.”
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The regulations shall apply in a number of pilot areas, as detailed by the Secretary of State, and consideration shall be given to extending the regulations to all local authorities subject to evaluation of the impact of the regulations on tenants and communities in the pilot areas.”
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The regulations must provide that extra rents charged to high income tenants must be fixed in proportion to the excess of the tenant’s income above a threshold level appropriate to local circumstances.”
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The regulations must give discretion to a local housing authority—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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All provisions in this section shall only apply to new tenancies commenced after 30 April 2017 and where the tenant has been provided with a new tenancy agreement.”
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Any decision to change rent levels is at the discretion of the local housing authority.”
Clause 79 9
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take account of the variability of a household’s income.”
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make provision for the level of household income, for the purposes of defining “high income”, to be increased every three years to reflect any increase in the consumer price index.”
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“High income” must be set with reference to average incomes in the area, with high incomes being defined as income falling within the top quartile of incomes in that area.”
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For the purposes of this Chapter, high income cannot be set at a level lower than median incomes.”
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Clause 80 5
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make provision for the level of household income, for the purposes of defining “high income”, to be increased every three years to reflect any increase in the consumer price index.”
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Clause 81 3
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an arms-length management organisation, tenant management organisation or local housing company wholly owned by its local authority which is managing social housing”
Clause 82 5
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Clause 83 3
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must make provision about the review of decisions to increase rent;
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must make provision about the review of decisions to increase rent;
Clause 84 6
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Clause 85 1
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Clause 86 1
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Clause 87 1
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If a private registered provider has a policy under subsection (1), the policy may not apply to tenants in a rent-to-buy scheme.”
Clause 89 1
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“Community cohesion
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 90 1
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“Reducing local authority influence over private registered providers
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Clause 91 1
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Clause 92 3
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Clause 93 3
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A housing administrator has two objectives—
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“Objective 1: normal administration
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“Objective 2: keeping social housing in the regulated sector
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Clause 95 2
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Clause 96 3
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Clause 97 1
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“Housing administrator may sell land free from planning obligations
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Clause 98 2
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notice of the petition has been given to the Regulator of Social Housing and a period of at least 28 days has elapsed since that notice was given, or
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The Regulator of Social Housing may waive the notice requirement under subsection (2)(a) only with the consent of the Secretary of State.”
Clause 99 2
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notice of the application has been given to the Regulator of Social Housing and a period of at least 28 days has elapsed since that notice was given, or
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The Regulator of Social Housing may waive the notice requirement under subsection (4)(a) only with the consent of the Secretary of State.”
Clause 100 3
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either—
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The Regulator of Social Housing may waive the notice requirement under subsection (3)(a)(i) only with the consent of the Secretary of State.”
Clause 101 3
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either—
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The Regulator of Social Housing may waive the notice requirement under subsection (4)(a)(i) only with the consent of the Secretary of State.”
Clause 102 2
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notice of the intention to do so has been given to the Regulator of Social Housing and a period of at least 28 days has elapsed since the notice was given, or
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The Regulator of Social Housing may waive the notice requirement under subsection (2)(a) only with the consent of the Secretary of State.”
Clause 103 1
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Clause 109 1
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Clause 111 1
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““objectives of the housing administration” means the objectives in section 93(4);”
Clause 113 3
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“Termination of fixed-term secure tenancies without need to forfeit
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Clause 114 4
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“Secure and assured tenancies: transfer of tenancy
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“Incidence and prevention of homelessness
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Clause 115 18
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““gypsies, travellers and travelling showpeople” are members of communities as defined in Planning policy for traveller sites.”
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plots on which gypsies, travellers and travelling showpeople can have both residential accommodation and space for the storage of equipment.”
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“Electrical safety standards for properties let by private landlords
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Electrical safety standards: enforcement
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separate plots on which gypsies, travellers and travelling showpeople can have both residential accommodation and space for the storage of equipment”
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““gypsies, travellers and travelling showpeople” are members of communities as defined in planning policy for traveller sites;”
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“Strategy for temporary accommodation
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Clause 116 1
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has a current entry on the database of rogue landlords and property agents as set out in Part 2 of the Housing and Planning Act 2016”
Clause 117 2
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Clause 118 4
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“Overcrowding in shared residential buildings
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“Overcrowding and subletting in shared residential buildings
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“Overcrowding in shared residential buildings
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“Overcrowding and subletting in shared residential buildings
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Clause 120 2
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“Tenants’ associations: power to request information about tenants
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“Limitation of administration charges: costs of proceedings
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Clause 121 3
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“Power to require property agents to join client money protection schemes
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“Client money protection schemes: approval or designation
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“Enforcement of client money protection scheme regulations
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Clause 122 1
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“Administrative costs
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Clause 124 8
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“Client money protection for lettings agents
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Amendment text
“Duchy of Cornwall
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Amendment text
“Sinking funds for repairs: leaseholds
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Amendment text
“Changes to leases: qualifying threshold for right to manage
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Amendment text
“Rights of tenants with respect to information
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Amendment text
“Client money protection for lettings agents
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Amendment text
“Changes to leases: qualifying threshold for right to manage
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“Sinking funds for repairs: leaseholds
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Clause 125 6
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“Promotion of neighbourhood planning in unparished areas
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Clause 126 4
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The local planning authority must make a neighbourhood development order under paragraph 12 or make a decision under paragraph 13 within three months of receiving a report from an examiner under paragraph 10.
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Clause 127 3
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the local planning authority does not have (or have in preparation, as part of the local plan and in accordance with the local plan) an established subsidiary framework of local community, neighbourhood or village plans, adopted, after public consultation, in supplementary planning or other appropriate documents;”
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Clause 128 4
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“Planning functions of neighbourhood forums
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Amendment text
“Neighbourhood right of appeal
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“Duty to promote neighbourhood planning
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“Neighbourhood right of appeal
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Clause 129 3
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“Power to direct
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If a local planning authority have not prepared a local development scheme, the Secretary of State or the Mayor of London may—
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In subsections (4A)(a), (5), (6), (6A) and (6B)(a) of that section, after “under subsection” insert “(3A) or”.”
Clause 130 3
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Amendment text
“Use class for affordable housing
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The powers outlined in subsection (6A) will not apply where a local planning authority has already complied with subsection (2).”
Clause 131 3
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Clause 132 4
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Clause 133 4
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Clause 134 4
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“Compulsory acquisition of land by local authority for housing development
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“The purpose of planning
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Amendment text
“Duty to deliver accessible housing
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“Planning permission: specialised housing for older people
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Clause 135 3
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Amendment text
“Lee Valley Regional Park Authority
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“Land for use by housing co-operatives
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Clause 136 57
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Criteria for permission in principle and technical details consent shall be subject to consultation with local authorities.”
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Permission in principle may not be granted in respect of land of high environmental value, which is defined as such by dint of—
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A development order under subsection (1) shall be made in respect of land in Greater London by the Mayor of London and in respect of land in England outside of Greater London by the Secretary of State.
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Permission in principle may not be granted for a development of land which is an important part of the national infrastructure, or is the subject of national policy or interest, as defined by the Secretary of State in regulations made by statutory instrument.”
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Land for which permission in principle may not be granted
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allocated for major housing development in the local development plan, or
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“Qualifying document” means the development plan or a register as defined in section 14A of the Planning and Compulsory Purchase Act 2004 (register of land).”
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A local development order may grant permission in principle for housing development on land within the boundary of the relevant local planning authority.
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is not granted by any document which was adopted before the date on which section 58A and this section are commenced, unless the document or that part of it which would grant permission in principle has been readopted or revised at a later date.
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Permission in principle will cease to have effect in relation to land—
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An application for planning permission for development of land in respect of which permission in principle has been granted must be dealt with under the provisions of Part 3 of this Act as they relate to planning applications in general.
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A development order under this section may not grant permission in principle for the winning and working of minerals in, on or under land (whether by surface or underground working), the depositing of mineral waste, or the carrying out of any activities specified in Schedule 1.
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For the purposes of subsection (7), “prescribed information” shall be subject to prior consultation with local planning authorities.”
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Where an application is made for a permission in principle, such permission may not be granted until the local authority has prepared, or has been provided with and deems satisfactory, proposals or guidance for the site that reflect the elements of good design as set out in paragraph 59 of the National Planning Policy Framework (March 2012), which thereafter must be attached to and form part of the permission in principle.”
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they may grant permission in principle with conditions.
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in subsection 2, omit “such an application” and insert “an application for planning permission or for permission in principle”.”
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“Development orders made by the Mayor of London
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or where the authority becomes aware of information since the permission in principle came into force which renders it no longer appropriate to determine the application in accordance with the relevant permission in principle.”
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The granting of planning in principle for land is subject to any conditions imposed by the local planning authority following the submission and approval by the authority of a site specific flood risk assessment and where necessary—
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The granting of planning in principle for land is subject to any conditions imposed by the local planning authority following the submission and approval of a highways and access appraisal and where necessary—
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The granting of planning in principle for land is subject to any conditions imposed by the local planning authority following the submission of a survey of contamination of the site and a scheme for its remediation.”
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Land on which planning in principle has been granted is subject to the Community Infrastructure Levy regime that has been applied by the local planning authority and may be subject to contributions under section 106, either as part of the granting of permission in principle, or of technical details consent.”
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An application for technical details consent in relation to permission in principle will be subject to section 61W (consultation before applying for planning permission) and section 65 (notice etc of applications for planning permission) of this Act.”
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But permission in principle may not be granted for development consisting of the winning and working of minerals.”
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falls within subsection (2A),”
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The following documents fall within this subsection—
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Subject to subsection (7)(a), permission in principle granted by a development order takes effect—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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An application for technical details consent in relation to permission in principle will be subject to section 61W (consultation before applying for planning permission) and section 65 (notice etc of applications for planning permission) of this Act.”
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Clause 137 16
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A register of land under this section is a local development document.”
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A register of land under this section is a development plan document.”
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The reference in subsection (2) to “two or more parts” must include a part that identifies all the brownfield sites larger than 0.25 hectares, and one that identifies those which the local planning authority thinks are suitable for listing for housing development.”
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Land of high environmental value is exempt from the register of land requirements provided for by this section.
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Regulations made under subsection (1) must specify that aerodromes will be excluded from the register of land if they have been operating for more than 28 days in a calendar year.”
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In this section “brownfield land” means land which—
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“14B Viability of brownfield sites: gap funding
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“Local Planning Authority right to develop in the local interest
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Clause 138 7
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“Permitted development: change of use to residential use
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“Granting of planning permission: change of use to residential use
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“Time limits for developing land where planning permission is granted
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Amendment text
“Permitted development: change of use to residential
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Amendment text
“Article 4 directions
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“Planning in principle: notifications and publicity
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Clause 139 6
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In section 62A of the Town and Country Planning Act 1990 (when application may be made directly to Secretary of State), in each place where it appears except in subsection (1)(a), for “Secretary of State” substitute “Secretary of State or the Mayor of London”.”
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Amendment text
“Local planning areas: right to request alterations to planning system
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Amendment text
“Planning freedoms: right for local areas to request alterations to planning system
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Amendment text
“Planning freedoms: right for local areas to request alterations to planning system
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Clause 140 12
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Clause 141 26
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after subsection (5) insert—
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Local planning authorities may make provision for the payment of fees or charges to them in respect of the performance of their functions and anything done by them which is calculated to facilitate or is conducive or incidental to the performance of their functions, and may vary such fees or charges according to the value of the project concerned or any other material concerns.
Amendment text
“Local authorities and development control services
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“Local determination of the application of prior approval for conversion from office to residential use
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“Compensation to businesses expelled from premises to enable conversion from office to residential use
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“Place-making
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“Presumption against subterranean development
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“Code of practice for subterranean development works
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“Notice to adjoining owners
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“Expenses and losses
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“Other works taking place on the subterranean development site
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“Subterranean development: definitions
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“Community right of appeal
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Amendment text
Local planning authorities may make provision for the payment of fees or charges to them in respect of the performance of their functions and anything done by them which is calculated to facilitate or is conducive or incidental to the performance of their functions, and may vary such fees or charges according to the value of the project concerned or any other material concerns.
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“Code of practice for subterranean development works
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Amendment text
“Presumption against subterranean development
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Amendment text
“Notice to adjoining owners
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“Expenses and losses
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“Other works taking place on the subterranean development site
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“Subterranean development: definitions
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“Development not exempt from planning permission: subterranean development
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“Retrospective planning permission
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Amendment text
“Compensation to businesses expelled from premises to enable conversion from office to residential use
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Amendment text
“Local determination of the application of prior approval for conversion from office to residential use
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Amendment text
“Local authorities and development control services
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Clause 142 2
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Clause 143 12
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“Minimum space standards for new dwellings
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“Planning obligations for student housing
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“Affordable housing contributions in small scale development
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“Planning: community developments
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“Limitations on planning obligations
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“Carbon compliance standard for new homes
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“Affordable housing contributions in small scale development
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“Sustainable drainage systems
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“Minimum space standards for new dwellings
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Clause 144 12
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is subsidiary to a development which is the subject of an application for development consent,
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In this section “associated” means occupied by persons who are employed or will be employed in the infrastructure project which is the subject of the application for development consent.”
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Guidance referred to in subsection (7) must include a requirement for the developer to pay development value for land that is compulsorily purchased for housing as part of any nationally significant infrastructure project.”
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Guidance referred to in subsection (7) must include a requirement for the developer to pay development value for land that is compulsorily purchased for housing as part of any nationally significant infrastructure project.”
Clause 145 31
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The regulations may not allow a planning authority to delegate to a designated person any power to determine a planning application.”
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“Review of the plan-making process
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““fee flexibility pilot scheme” means an agreement between a local planning authority and the Secretary of State regarding the use of fees under specified conditions;”
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A local planning authority may only be specified under subsection (1) if it so consents.”
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The Secretary of State may not designate a person who—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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A designated person must—
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Any specification of a local planning authority under subsection (1) is on a pilot basis and must be for no more than three years.
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A designated person must deliver all reports, recommendations and supporting information to the local planning authority in accord with the decision-making timetable of that authority including its committee timetable, and allowing sufficient time for the authority’s planning officer to review the report, recommendations and supporting information before a determination of an application is made by Councillors or by delegation to an officer.”
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Where an application has been submitted to one provider (whether a designated person or a local planning authority) and has been refused, any resubmission must be made to the same provider.”
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A designated person must attend any official site visit by Councillors who have the responsibility for determining a planning application that is being or has been processed by that person.”
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The Secretary of State may by regulations provide for temporary arrangements in particular areas to test the practicality and desirability of competition in the processing (but not determining) of applications to do with planning.
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The Secretary of State must—
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The regulations may not contain anything that allows or requires, or could allow or require, the responsible planning authority’s duty to determine an application to be carried out, to any extent, by a designated person on the authority’s behalf.
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In this group of sections “connected application”, in relation to an application for planning permission that is to be or has been processed by a designated person under the regulations (“the main application”), means—
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the compilation of a report for a meeting of the planning, planning sub-committee, development control committee or other committee of the local planning authority convened to determine the application concerned, unless that report has been approved by a planning officer independent of the applicant, and
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The Secretary of State must by regulation specify a full list of the types of application that constitute a “connected application” for the purposes of subsection (6A).”
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Any person designated by the Secretary of State, who is not a local authority, must lay before the proper officer of the local authority concerned, for inclusion on the authority’s register of interests, information on any past or present beneficial connection with the applicant for whom he or she is acting or with the applicant to any other past or present application in the local authority area.”
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Clause 146 12
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allowing a responsible planning authority to enter into a fee flexibility pilot scheme.”
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Regulations under section 145 may—
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allowing a responsible planning authority to enter into a fee flexibility pilot scheme.
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Clause 147 5
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The Secretary of State must deem excessive any fee set or charged by a designated person which is higher than that which the Secretary of State would have permitted to the local planning authority for the same function.”
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Clause 148 3
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“but such regulations may not restrict the use by the local planning authority of any information relating to a planning application that it would be able to use if it were itself processing that application, or the disclosure of any information relating to such an application that it would make available in that case.”
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Clause 149 1
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If a draft of an instrument containing an order by the Secretary of State under subsection (1) would, but for this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.”
Clause 150 3
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Permission in principle granted by a development order takes effect—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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In section 333 of that Act (regulations and orders), after subsection (3) insert—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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If a draft of an instrument containing an order by the Secretary of State under this section would, but for this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.”
Clause 151 6
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“Development corporations: objects and general powers
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Designation of new town development areas: procedure
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Designation of new town development corporations: procedure
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“The plan-led system
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Designation of new town areas and establishment of corporations: procedure
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“New towns: objects of development corporations in England
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 154 1
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Clause 164 1
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“No general vesting declaration after notice to treat
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 165 3
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the owner, lessee or occupier would have been entitled to a notice to treat had the acquiring authority been aware of the existence of the owner, lessee or occupier, and
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““11A Powers of entry: further notices of entry
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A counter-notice under subsection (1) has no effect if the notice to treat relating to the land is withdrawn or ceases to have effect before the date specified in the counter-notice.
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Clause 168 8
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in the words before paragraph (a), after “every owner of that land” insert “so far as known to the acquiring authority after making diligent inquiry in accordance with section 5(1) of the Compulsory Purchase Act 1965”;
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This paragraph applies where—
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A counter-notice under sub-paragraph (1) has no effect if the notice to treat relating to the land is withdrawn or ceases to have effect before the date specified in the counter-notice.
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Clause 171 5
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“Acquisition of land by development corporations: compensation
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In subsection (1) “appropriate national authority” means—
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A statutory instrument containing regulations under subsection (1) is subject to annulment—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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“Compensation after withdrawal of notice to treat
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 172 4
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In section 52ZC (land subject to mortgage: supplementary), for subsection (2) substitute—
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In subsection (1) “appropriate national authority” means—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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in the case of an instrument made by the Secretary of State, in pursuance of a resolution of either House of Parliament;
Clause 173 6
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after subsection (10) insert—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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In a case where the compulsory acquisition is one to which the Lands Clauses Consolidation Act 1845 applies, the acquiring authority may not make an advance payment if they have not taken possession of the land, but must do so if they have.
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An advance payment required by subsection (1A) must be made—
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In a case where the compulsory acquisition to which the request relates is one to which the Lands Clauses Consolidation Act 1845 applies, the acquiring authority must make any payment under section 52ZA or 52ZB—
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Clause 174 3
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The rate of interest on compensation due to be paid in advance of entry, but paid late, shall be set at 8% above the Bank of England base rate.
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Clause 175 6
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“Duty of Care
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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Section 52 (right to advance payment of compensation) is amended in accordance with subsections (2A) and (2B).
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After section 52 insert—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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“Repayment of payment to mortgagee if land not acquired
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Duty of care
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 176 1
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“Objection to division of land: blight notices
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 179 10
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a right, easement, restrictive covenant, covenant, liberty or privilege in respect of land belonging to the National Trust for Places of Historic Interest or Natural Beauty (“the Trust”) which is held inalienably, within the meaning of section 18(3) of the Acquisition of Land Act 1981 (National Trust land held inalienably), or
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“Presumed diversion or extinguishment of footpaths or bridleways which pass through the curtilage of residential dwellings
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the building or maintenance work is for purposes related to the purposes for which the land was vested, acquired or appropriated as mentioned in paragraph (b).”
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the building or maintenance work is for purposes related to the purposes for which the land was vested in, or acquired or appropriated by, the qualifying authority in relation to the land.”
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the use is for purposes related to the purposes for which the land was vested, acquired or appropriated as mentioned in paragraph (b).”
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the use is for purposes related to the purposes for which the land was vested in, or acquired or appropriated by, the qualifying authority in relation to the land.”
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Land currently owned by a qualifying authority is to be treated for the purposes of subsection (3)(c) or (6)(c) as if it were not currently owned by the authority.”
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Nothing in this section authorises—
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Clause 180 4
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The specified or qualifying authority against which a liability is enforceable by virtue of subsection (3)(a) is the specified or qualifying authority in which the land to which the compensation relates was vested, or by which the land was acquired or appropriated, as mentioned in section 179.”
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Any dispute about compensation payable under this section may be referred to and determined by the Upper Tribunal.”
Clause 181 3
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““qualifying authority” in relation to other qualifying land means the authority in which the land was vested, or which acquired or appropriated the land, as mentioned in the definition of “other qualifying land”;”
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a body established by or under an Act or Measure of the National Assembly for Wales,”
Clause 183 6
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A relevant public authority inside Greater London must, in developing proposals for the disposal of the authority’s interest in any land, engage on an ongoing basis with other relevant public authorities inside Greater London, the Mayor of London, and such other relevant public authorities as may be specified in regulations, and in such manner, form and circumstances as may be specified in regulations.”
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A body inside Greater London which is subject to a duty under subsection (3A) must have regard to any guidance given by the Mayor of London about how the duty is to be complied with.”
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Clause 184 7
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a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975), or”
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provision about to whom the reports should be provided (including making provision for reports produced by relevant public bodies inside Greater London to be provided to the Mayor of London),
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““mayoral combined authority” means a mayoral combined authority established under section 107A of the Local Democracy, Economic Development and Construction Act 2009 (power to provide for election of mayor);”
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“Disposing of surplus public land in the area of a mayoral combined authority
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Disposing of surplus public land in Greater London
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Local planning authority right to develop in the local interest
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 185 8
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Where a body to which this Part applies is a relevant public authority inside Greater London, the Mayor of London may in specified circumstances direct the body to take steps for the disposal of the body’s freehold or leasehold interest in any land or any lesser interest in the land.”
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“General duties of public bodies in the area of a mayoral combined authority
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“General duties of public bodies in Greater London under this Part
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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Clause 186 1
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Clause 190 14
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regulations under section 13,”
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regulations under section 67(1) that contain more than one determination or a determination that relates to more than one local housing authority,
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the first regulations under section 78,”
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section (Reducing local authority influence over private registered providers);”
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regulations under section 77(2),”
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regulations under section (Electrical safety standards for properties let by private landlords),”
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regulations under section 145 that make provision of the kind referred to in section 145(2), (3), (4) or (6A)(b), section 147 or section 148,”
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regulations under section (Power to require property agents to join client money protection schemes), (Client money protection schemes: approval or designation), or (Enforcement of client money protection scheme regulations),”
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regulations under section (Planning freedoms: right for local areas to request alterations to planning system)(1),”
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regulations under section 145,”
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If a draft of regulations under section 145 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.”
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If a draft of regulations under section (Planning freedoms: right for local areas to request alterations to planning system) 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.”
Clause 192 12
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The Secretary of State may not make regulations appointing the days on which any provision of Part 1 or Part 6 of this Act comes into force unless he or she has first made provision bringing into force section 32 of the Flood and Water Management Act 2010 (sustainable drainage).”
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The Secretary of State may not make regulations appointing the days on which any provision of Part 1 or Part 6 of this Act comes into force unless he or she has first made regulations, which have come into force, requiring the housing developer to be liable for the full cost of flood damage to a new dwelling if such damage occurs within ten years of the property being first sold.”
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section (Tenants’ associations: power to request information about tenants);”
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The Secretary of State may not make regulations appointing the days on which any provision of Part 1 or Part 6 of this Act comes into force unless he or she has first made and commenced regulations that shall require the housing developer to be liable for the full cost of flood damage to a new dwelling if such damage occurs within ten years of the property being first sold.”
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Chapter 3 of Part 4 of this Act shall not come into force before the end of the period of one year after draft regulations to be made under section 78(1) of this Act are laid before each House of Parliament.”
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Chapter 2 of Part 4 of this Act shall not come into force before the end of the period of one year after draft regulations to be made under section 67(8) of this Act are laid before each House of Parliament.”
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Chapter 1 of Part 1 of this Act shall not come into force before the end of the period of one year after the later or last of the days on which draft regulations to be made under section 2(1)(e) and 2(3)(c) of this Act are laid before each House of Parliament.”
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In respect of sections 161 and 163, and Schedule 15, different days may be appointed for different areas.”
Clause 196 1
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Clause 214 1
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Schedule 1 1
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An appeal under this paragraph—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Schedule 4 3
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“SCHEDULE
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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The Housing and Regeneration Act 2008 is amended as follows.
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Section 181 (meaning of “publicly funded” for purposes of provisions about right to acquire) is amended as follows.
Schedule 5 15
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Paragraph 78 (consent to extension of administrator’s term of office) is to have effect as if sub-paragraph (2) were omitted.”
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““objectives”, in relation to a housing administration, is to be read in accordance with section 93(4) of the Housing and Planning Act 2016;”
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Schedule 7 39
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introductory tenancies of dwellings in England granted on or after the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 comes fully into force;”
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“““introductory tenancy” has the same meaning as in Chapter 1 of Part 5 of the Housing Act 1996;””
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no longer than the permitted maximum length.”
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The permitted maximum length is 10 years, unless subsection (1B) applies.
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In deciding what length of tenancy to grant in a case to which this section applies a person must have regard to any guidance given by the Secretary of State.”
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less than 2 years, or
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The permitted maximum length is 10 years, unless sub-paragraph (2BB) applies.
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“Landlord and Tenant Act 1985 (c. 70)
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no longer than the permitted maximum length.”
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The permitted maximum length is 10 years, unless subsection (1B) applies.
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In deciding what length of tenancy to enter into in a case to which subsection (1) applies, the local housing authority or housing action trust must have regard to any guidance given by the Secretary of State.”
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The permitted maximum length is 10 years, unless subsection (3C) applies.
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in the definition of “flexible tenancy”,”
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in the definition of “relevant social housing tenancy”, after paragraph (a) (but before the “or” at the end) insert—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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“81A Granting of secure tenancies
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A local housing authority must grant a tenancy for a dwelling-house in England which is a secure tenancy for the length of time that any child living in such dwelling-house is in full time education.”
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the cessation of an old-style secure tenancy was the result of domestic violence.”
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if required to do so by section 158(9B) of the Localism Act 2011 (which relates to transfer requests made before section (Secure and assured tenancies: transfer of tenancy) of the Housing and Planning Act 2016 comes into force).”
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A local housing authority that grants a secure tenancy of a dwelling-house in England must grant an old-style secure tenancy if—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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A local housing authority may grant a secure tenancy of a dwelling-house in England for the length of time that any child living in such a dwelling-house is in full-time education.
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the tenant has not made an application to move,
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the cessation of the previous old-style secure tenancy was as a result of domestic violence.”
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“81A Flexibility in the grant of secure tenancies
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if—
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Where, having advised the tenant under subsection (6)(a), the landlord is satisfied that buying a suitable home is not a realistic option for the tenant, the landlord shall implement Option 1 or (subject to the other dwelling-house being suitable) Option 2.
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the prospective tenant of the dwelling-house, or in the case of prospective joint tenants, at least one of the tenants, has attained pension credit age;
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A review under this section must be carried out in accordance with a clear and accessible policy that outlines—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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consider whether a decision not to grant another tenancy may result in homelessness and, where this is a possibility, provide advice and assistance on finding alternative accommodation.”
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consider the effect that a decision not to grant another tenancy would have on family life and community cohesion, and
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Schedule 8 8
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Where a possession order was in force in relation to the old tenancy—
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Schedule 9 2
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An appeal under this paragraph—
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Schedule 11 19
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Schedule 12 5
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In subsection (1), for the words from “modify” to “the authority” substitute “modify—
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after “planning permission” insert “or permission in principle”;
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After that subsection insert—
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“SCHEDULE
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“SCHEDULE
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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Schedule 17 22
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the date specified in the notice of entry, or
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If the acquiring authority serve notice of a decision to accept the counter-notice in respect of the land proposed to be acquired the acquiring authority may serve a notice of entry under section 11(1) in relation to the whole of the land and they have already served notice of entry in respect of the land proposed to be acquired, that notice has effect as if it were served in respect of the whole land.
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This Part does not apply by virtue of a notice to treat that is deemed to have been served in respect of part only of a house, building or factory under section 154(5) of the Town and Country Planning Act 1990 (deemed notice to treat in relation to blighted land).”
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This Part does not apply if the acquiring authority are deemed to have served a notice to treat in respect of the land proposed to be acquired under section 154(5) of the Town and Country Planning Act 1990 (deemed notice to treat in relation to blighted land).”
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Schedule 18 19
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On the vesting date the provisions of—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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In section 12 (divided land), for “Schedule 1” substitute “Schedules A1 and 1”.”
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““notice to treat” means a notice to treat deemed to have been served under section 7(1);”
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In Schedule 1 (divided land) omit Part 1 (buildings and gardens etc).”
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In Schedule 6 to the Crossrail Act 2008 (acquisition of land shown within limits on deposited plans), in paragraph 11(3)(b), for “Schedule 1” substitute “Schedule A1”.”