Housing (Amendment) (No.2) Bill
Marshalled List of Amendments
Consideration Stage
Monday 21 February 2011
Amendments tabled up to 9:30am Thursday, 17 February 2011
The Bill will be considered in the following order-
Clauses, Schedule and Long Title
Amendment 1 [Made]
Clause 2 , Page 2, Line 6
After ‘Article’ insert ‘and Article 5B’
Minister for Social Development
Amendment 2 [Made]
Clause 2 , Page 2, Line 13
After ‘Article’ insert ‘and Article 5B’
Minister for Social Development
Amendment 3 [Made]
New Clause
After clause 2 insert -
‘Length of notice to quit
2A. -(1) Article 14 of the Private Tenancies Order (length of notice to quit) is amended as follows.
(2) In paragraph (1) for “4 weeks” substitute “the relevant period”.
(3) After that paragraph insert -
“(1A) For the purposes of paragraph (1) the relevant period is -
(a) 4 weeks, if the tenancy has not been in existence for more than 5 years;
(b) 8 weeks, if the tenancy has been in existence for more than 5 years but not for more than 10 years;
(c) 12 weeks, if the tenancy has been in existence for more than 10 years.”.
(4) This section -
(a) applies whether the private tenancy was granted before or after the date on which this section comes into operation; but
(b) does not apply in relation to a notice to quit given before that date.’
Minister for Social Development
Amendment 4 [Made]
New Clause
After clause 4 insert -
‘Disclosure of information
4A. After Article 64 of the Private Tenancies Order insert -
“Disclosure of information for purposes of Parts 2 to 4
64A. -(1) This Article applies to any relevant information which is held -
(a) by the Department of Finance and Personnel for the purposes of -
(i) its functions under the Rates (Northern Ireland) Order 1977 or the Rates (Capital Values, etc.) (Northern Ireland) Order 2006; or
(ii) the administration of housing benefit; or
(b) by the Northern Ireland Housing Executive for the purposes of the administration of housing benefit.
(2) Relevant information to which this Article applies must, if an authorised officer of the appropriate council so requires, be supplied to that council for the purpose of enabling or assisting that council to exercise its functions under any provision of Part 2, 3 or 4.
(3) Any requirement under paragraph (2) must specify -
(a) the description of relevant information which is to be supplied;
(b) the form in which that information is to be supplied; and
(c) the date by which that information is to be supplied.
(4) This Article -
(a) does not limit the circumstances in which information may be supplied apart from this Article; but
(b) has effect despite any restriction on the purposes for which relevant information may be disclosed or used.
(5) In this Article -
“authorised officer”, in relation to a council, means an officer of the council authorised for the purposes of this Article by the council;
“housing benefit” means housing benefit provided by virtue of a scheme under section 122 of the Social Security Contributions and Benefits ( Northern Ireland) Act 1992;
“relevant information” means information as to -
(a) the location, age, size or description of a dwelling-house let under a private tenancy;
(b) the name and address of the landlord or tenant of such a dwelling-house or of any person acting as an agent of the landlord.
Unauthorised disclosure of information
64B. - (1) An employee of a council commits an offence if he discloses without lawful authority any information -
(a) which he acquired in the course of his employment;
(b) which is, or is derived from, information supplied to the council under Article 64A; and
(c) which relates to a particular dwelling-house or person.
(2) It is not an offence under this Article to disclose information which has previously been disclosed to the public with lawful authority.
(3) It is a defence for a person charged with an offence under this Article to show that at the time of the alleged offence -
(a) he believed that he was making the disclosure in question with lawful authority and had no reasonable cause to believe otherwise; or
(b) he believed that the information in question had previously been disclosed to the public with lawful authority and had no reasonable cause to believe otherwise.
(4) A person who is guilty of an offence under this Article shall be liable -
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(5) For the purposes of this Article a disclosure of information is to be regarded as made with lawful authority if, and only if, it is made -
(a) in accordance with his official duty by an employee of the council;
(b) in accordance with any statutory provision or order of a court;
(c) for the purposes of any criminal proceedings; or
(d) with the consent of the person to whom the information relates.”.’
Minister for Social Development
Amendment 5 [Made]
Clause 5 , Page 4
Leave out lines 18 and 19 and insert ‘the information to be provided for the purposes of registration;’
Minister for Social Development
Amendment 6 [Made]
Clause 5 , Page 4, Line 31
Leave out ‘in connection with an application for’ and insert ‘for the purposes of’
Minister for Social Development
Amendment 7 [Made]
Clause 5 , Page 4, Line 42
At end insert -
‘(7) If on an application made to it by a district council, the county court is satisfied that -
(a) a person has been convicted of an offence under paragraph (4)(b), and
(b) that person is continuing after that conviction to contravene paragraph (4)(b),
the court may make an order requiring that person to register under this Article within such period (not being less than 28 days from the date of the order) as the court may specify.’
Minister for Social Development
Amendment 8 [Made]
Clause 7 , Page 6, Line 13
At end insert -
‘(4) The Department must lay before the Assembly -
(a) a draft of regulations under Article 5A, and
(b) a draft of regulations under Article 65A,
not later than 18 months after the date on which the Housing (Amendment) Act (Northern Ireland) 2011 receives Royal Assent.” ’
Minister for Social Development
Amendment 9 [Made]
New Clause
After clause 8 insert -
‘Houses in multiple occupation: increase in fine for failure to register
8A. -(1) In Article 75L of the Housing (Northern Ireland) Order 1992 (offences in connection with registration scheme for houses in multiple occupation) after paragraph (1) insert -
“(1A) A person who commits an offence under this Article consisting of a contravention of a provision included in a registration scheme by virtue of Article 75C(1) is liable on summary conviction to a fine not exceeding £20,000.”.
(2) Subsection (1) does not apply in relation to an offence committed before the date on which this section comes into operation.’
Minister for Social Development
Amendment 10 [Made]
Clause 9 , Page 7, Line 29
At end insert ‘granted or sought on the grounds that the tenant -
(i) is engaging in, or threatening to engage in, conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality;
(ii) is using or threatening to use the premises for immoral or illegal purposes; or
(iii) is allowing, inciting or encouraging any other person to engage or threaten to engage in such conduct or use or threaten to use the premises for such purposes;’
Minister for Social Development
Amendment 11 [Made]
Clause 9 , Page 7, Line 38
At end insert -
‘Ground 2B
The tenant or the proposed assignee or a person who is residing with either of them has been convicted of -
(a) an offence involving using the dwelling-house of which the tenant or the proposed assignee is the secure tenant, or allowing it to be used, for immoral or illegal purposes, or
(b) an indictable offence.”.’
Minister for Social Development
Amendment 12 [Made]
Clause 10 , Page 8, Line 5
After ‘2A’ insert ‘or 2B’
Minister for Social Development
Amendment 13 [Made]
Clause 10 , Page 8, Line 30
After ‘2A’ insert ‘or 2B’
Minister for Social Development
Amendment 14 [Made]
New Clause
After clause 10 insert -
‘Possession orders: conduct causing nuisance or annoyance
10A. In Article 29 of the Housing ( Northern Ireland) Order 1983 after paragraph (3) insert -
“(3ZA) The matters to be taken into account by the court in determining whether it is reasonable to make an order on ground 2(a) shall include -
(a) the effect that the nuisance or annoyance has had on persons other than the person against whom the order is sought;
(b) any continuing effect the nuisance or annoyance is likely to have on such persons;
(c) the effect that the nuisance or annoyance would be likely to have on such persons if the conduct is repeated;
(d) the circumstances of the tenant and the likely effect of a possession order on the tenant and any person residing with the tenant.”.’
Minister for Social Development
Amendment 15 [Made]
New Clause
After clause 10 insert -
‘Miscellaneous amendments to the Housing Orders
Abandoned tenancies
10B. -(1) In Article 41 of the Housing ( Northern Ireland) Order 1983 (NI 15) (rights of landlord where secure tenancy abandoned) in paragraph (3) for sub-paragraph (a) substitute -
“(a) has reasonable grounds for believing the matters mentioned in paragraph (1)(a) and (b); and”.
(2) In Article 19A of the Housing (Northern Ireland) Order 2003 (NI 2) (rights of landlord where introductory tenancy abandoned) in paragraph (3) for sub-paragraph (a) substitute -
“(a) has reasonable grounds for believing the matters mentioned in paragraph (1)(a) and (b); and”.’
Minister for Social Development
Amendment 16 [Made]
New Clause
After clause 11 insert -
‘Abolition of rent surplus fund
11A. -(1) Article 37 of the Housing ( Northern Ireland) Order 1992 (NI 15) (surplus rental income of housing association) is repealed.
(2) In Article 20(2) of that Order (offences relating to accounts of housing associations) -
(a) at the end of sub-paragraph (a) insert “or”;
(b) omit sub-paragraph (c) and the word “or” immediately before it.’
Minister for Social Development
Amendment 17 [Made]
New Clause
After clause 11 insert -
‘Service of documents
11B. -(1) Article 104 of the Housing ( Northern Ireland) Order 1992 (NI 15) (service of certain documents) is amended as follows.
(2) For paragraph (1) substitute -
“(1) Any document required or authorised by a statutory provision to be given to or served on any person by the Executive or a registered housing association may be given to or served on that person by being sent by ordinary post.”.’
Minister for Social Development
Amendment 18 [Made]
Clause 12 , Page 9, Line 19
Leave out ‘or oil’ and insert ‘, oil or other means of producing energy’
Minister for Social Development
Amendment 19 [Made]
Clause 12 , Page 9, Line 32
At end insert -
‘(d) a supplier of any other means of producing energy.’
Minister for Social Development
Amendment 20 [Made]
New Clause
After clause 12 insert -
‘Functions of Executive in relation to community safety
12A. -(1) The Executive may take such action for enhancing community safety in any area as is compatible with the proper exercise of its functions in that area.
(2) Reference in this section to enhancing community safety in any area is to making the area one in which it is safer to live and work, in particular by the reduction of levels of crime and other anti-social behaviour.’
Minister for Social Development
Amendment 21 [Made]
New Clause
After clause 12 insert -
‘Power of Executive to enter into arrangements with other statutory authorities
12B. -(1) The Department may by regulations make provision for or in connection with enabling the Executive (on the one hand) and prescribed statutory authorities (on the other) to enter into prescribed arrangements in relation to the exercise of prescribed functions of the Executive and prescribed housing-related functions of the statutory authorities, if the arrangements are likely to lead to an improvement in the way in which those functions are exercised.
(2) The arrangements which may be prescribed include arrangements for or in connection with -
(a) the exercise by the Executive on behalf of a statutory authority of prescribed housing-related functions of the authority,
(b) the exercise by a statutory authority on behalf of the Executive of prescribed functions of the Executive,
(c) the provision of staff, goods, services or accommodation in connection with any arrangements mentioned in paragraph (a) or (b),
(d) meeting exp enditure incurred in connection with the arrangements, including provision for the making of payments by a statutory authority to the Executive or by the Executive to a statutory authority.
(3) Regulations under this section may make provision -
(a) as to the cases in which the Executive and statutory authorities may enter into prescribed arrangements,
(b) as to the conditions which must be satisfied in relation to prescribed arrangements (including conditions in relation to consultation),
(c) for or in connection with requiring the consent of a Northern Ireland department to the operation of prescribed arrangements (including provision in relation to applications for consent, the approval or refusal of such applications and the variation or withdrawal of approval),
(d) as to the sharing of information between the Executive and statutory authorities.
(4) Any arrangements made by virtue of this section shall not affect -
(a) the liability of the Executive for the exercise of any of its functions,
(b) the liability of statutory authorities for the exercise of any of their functions, or
(c) any power or duty to recover charges in respect of services provided in the exercise of any functions of statutory authorities.
(5) A Northern Ireland department may issue guidance to the Executive and statutory authorities in relation to consultation or applications for consent in respect of prescribed arrangements.
(6) The reference in subsection (1) to an improvement in the way in which functions are exercised includes an improvement in the provision to any individuals of any services to which those functions relate.
(7) In this section -
“housing- related functions” , in relation to a statutory authority, means functions of the authority which, in the opinion of the Department -
(a) have an effect on the housing of any individual,
(b) ha ve an effect on, or are affected by, any functions of the Executive, or
(c) are connected with any functions of the Executive;
“prescribed” means prescribed by regulations under this section;
“statutory authority” means a body or person exercising functions under any Act of Parliament or Northern Ireland legislation.
(8) Regulations under this section -
(a) are subject to negative resolution;
(b) may contain such incidental, supplementary, transitional and saving provisions as appear to the Department to be necessary or expedient. ’
Minister for Social Development
Amendment 22 [Made]
New Clause
After clause 12 insert -
‘Indemnification of members and officers of Executive
12C . - (1) The Department may by order make provision for or in connection with conferring power on the Executive to provide indemnities to some or all of its members and officers.
(2) Before making an order under this section, the Department must consult -
(a) the Executive, and
(b) such representatives of officers of the Executive and such other persons as the Department considers appropriate.
(3) An order under this section -
(a) is subject to negative resolution;
(b) may contain such incidental, supplementary, transitional and saving provisions as appear to the Department to be necessary or expedient. ’
Minister for Social Development
Amendment 23 [Made]
Clause 15 , Page 10, Line 25
At beginning insert ‘Except as provided by subsection (1A),’
Minister for Social Development
Amendment 24 [Made]
Clause 15 , Page 10, Line 26
At end insert -
‘(1A) Sections 2, 5 and 7 come into operation on Royal Assent.’
Minister for Social Development
Amendment 25 [Made]
Schedule , Page 11, Line 3
At end insert -
‘The Housing In Article 20(2), sub-paragraph (c) and
(Northern Ireland) Order the word “or” immediately before it.
1992 (NI 15) Article 37.’
Minister for Social Development