Clause 6 - Repeal of Section 346 of the Housing Act 1985
Home Energy Conservation Bill
6:15 pm
Mr Michael Meacher (Minister of State (the Environment), Department for Environment, Food and Rural Affairs; Oldham West and Royton, Labour)
I propose the omission of clause 6. New clause 2 has the same effect as the clause, making it mandatory rather than voluntary for local authorities to introduce registration schemes within one year of commencement of the Act. In its more detailed drafting it provides consistency with new clause 4, which seeks to amend sections 345 and 348 of the Housing Act 1985.
The power to make regulations saying what types of houses must be included in registration, as provided in the new subsection (3), is one of the means that will be used to ensure consistency across registration schemes. So all HMOs must be subject to registration, save for the smaller ones proposed in clause 8, where local authorities will be left with discretion as to whether and where to introduce registration.
New clause 2 should be viewed in conjunction with new clause 3. It provides a set timetable for implementation of mandatory registration one year after commencement and for mandatory control provisions two years after commencement. It also proposes a power in subsection (3) for the Secretary of State to say what types of HMOs must be included in any registration scheme. That is because we are working with the existing legislation that, as it stands, allows local authorities to decide what kinds of HMOs are covered, and in what districts.
New clause 3 will apply to registration schemes that are mandatory and to those that are subject to local authority discretion—the smaller HMOs. It will ensure consistency in registration schemes across the country. Although local authorities will be able to propose variants on model schemes published by the Secretary of State, in practice most schemes are expected to comply with the model scheme. The Secretary of State will have the power to confirm, or not to confirm schemes proposed by local authorities.
Amendment No. 44 is a technical amendment to better reflect the Bill's purpose.