Clause 6 - Repeal of Section 346 of the Housing Act 1985
Home Energy Conservation Bill
6:15 pm
Mr Joe Benton (Bootle, Labour)
With this it will be convenient to take the following: New clause 2—Registration schemes—
'(1) The Housing Act 1985 is amended as follows.
(2) For section 346 there is substituted—
''346 Registration schemes
(1) Every local housing authority shall make a registration scheme which contains—
(a) provisions for the compilation and maintenance by the authority of a register for their district of houses in multiple occupation, and
(b) control provisions (see section 347).
(2) A registration scheme need not be for the whole of the authority's district and need not apply to every description of house in multiple occupation.
(3) But a registration scheme must apply to every house in multiple occupation in the authority's district of a description prescribed by regulations made by the Secretary of State.
(4) A registration scheme may vary or revoke a previous registration scheme; and a scheme which revokes a previous scheme may contain transitional provisions.
(5) A local housing authority shall make—
(a) a registration scheme containing provisions mentioned in subsection (1)(a) no later than the end of the period of one year beginning with the day on which section (Registration schemes) of the Home Energy Conservation Act 2002 comes into force; and
(b) a registration scheme containing control provisions no later than the end of the period of two years beginning with that day.
(6) Any power to make regulations under this section is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.''.
(3) In section 347(1) (control provisions), for ''A registration scheme may contain control provisions, that is to say,'' there is substituted ''In this Part ''control provisions'' means''.
(4) In section 348B(1) (special control provisions), for ''which contains control provisions may also'' there is substituted ''may''.
(5) In section 349 (steps required to inform public about schemes), subsection (5) is repealed.'
New clause 3—Model schemes and confirmation of schemes—
'For section 346B of the Housing Act 1985 there is substituted—
''346B Model schemes and confirmation of schemes
(1) The Secretary of State may prepare a model registration scheme, with or without special control provisions (see section 348B).
(2) A registration scheme which—
(a) conforms to the model scheme, or
(b) does not conform to the model scheme by reason only of containing provisions of a description prescribed by regulations made by the Secretary of State,
does not require confirmation by the Secretary of State and comes into force on such date (at least one month, but not more than three months, after the making of the scheme) as
may be specified in the scheme.
(3) If—
(a) a registration scheme varies a previous registration scheme, and
(b) the scheme as varied falls within subsection (2)(a) or (b),
the registration scheme making the variation does not require confirmation by the Secretary of State and comes into force on such date (at least one month, but not more than three months, after the making of the scheme) as may be specified in the scheme.
(4) Any other registration scheme does not come into force unless confirmed by the Secretary of State.
(5) The Secretary of State may vary a scheme before confirming it.
(6) A scheme requiring confirmation comes into force one month after it is confirmed.
(7) If the Secretary of State varies or withdraws the model registration scheme, the registration scheme made by a local housing authority is revoked at the end of the relevant period unless during that period—
(a) the scheme is revoked by another registration scheme made by the authority,
(b) the scheme is varied so as to fall within subsection (2)(a) or (b), or
(c) the scheme is re-confirmed by the Secretary of State or the authority make a registration scheme varying the scheme which is confirmed by him.
(8) The relevant period is the period of six months beginning with the day on which the Secretary of State varies or withdraws the model registration scheme.
(9) Any power to make regulations under this section is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.''.'.
Amendment No. 44, in title, line 3, leave out from beginning to 'schemes' and insert
'amend the law relating to registration'.