Mr Keith Hill (Minister of State (Housing and Planning), Office of the Deputy Prime Minister; Streatham, Labour)

I beg to move amendment No. 8, in

clause 7, page 6, line 21, leave out 'and'.

Mr Derek Conway (Old Bexley & Sidcup, Conservative)

With this it will be convenient to discuss the following:

Government amendment No. 9.

Mr Keith Hill (Minister of State (Housing and Planning), Office of the Deputy Prime Minister; Streatham, Labour)

In the light of the point of order raised by the hon. Member for Chipping Barnet, it is important that I explain the amendments.

In response to a category 2 hazard, a local housing authority may select the appropriate enforcement action from the options in subsection (2). It may serve an improvement notice under clause 10, make a prohibition order under clause 19, serve a hazard awareness notice under clause 27 or make a demolition order under section 265(3) or (4) of the Housing Act 1985, as substituted by clause 38.

Government amendments Nos. 8 and 9 correct an omission from the clause by adding to the list of possible enforcement options the declaration of a clearance area under section 289(2ZB) of the Housing Act 1985, as substituted by clause 39. The amendments do not in themselves add new powers, because the purpose of clause 7(2) is to summarise the powers provided in part 1 of the Bill and in the Housing Act 1985.

Those options, as amended, are essentially the same as those provided by clause 5 in respect of category 1 hazards, except that making a demolition order and declaring a clearance area are available as responses to category 2 hazards only in circumstances to be specified or described in an order made by the Secretary of State under section 265(3)(c) or (4)(c), or section 289(2ZB) of the 1985 Act.

Subsection (3) provides that, when a course of action has not proved satisfactory, the authority may take the same course or a different course of action.

Amendment agreed to.

Amendment made: No. 9, in

clause 7, page 6, line 23, at end insert

'and

(e) section 289(2ZB) of that Act (power to make a slum clearance declaration).'.—[Keith Hill.]

Clause 7, as amended, ordered to stand part of the Bill.