Housing and Planning Bill: Analysis on the Application of Standing Order 83L in Respect

Housing and Planning Bill: analysis on the application of Standing Order 83L in respect of the Government amendments tabled for Commons Report stage

The following is the Department’s assessment of the Government amendments to the Bill tabled forCommons Report stage.

Territorial application

1.Apart from the amendments mentioned in paragraphs2 to 5below, all of the Government amendments tabledforReport stage applyto England only.

2.New clause 34 applies to England and Wales.

3.New clauses 32 and 33 apply to England, Wales and Scotland.

4.Amendments 5 to 11, new clauses 8 to 28 and 36 and new Schedule 2 apply to the whole of the UK.

Other references to devolved administrations

5.New clause 62 refers to Wales but only for the purpose of ensuring that the change to the law made by that new clause does not apply in Wales.

Subject matter and legislative competence of devolved administrations

6.Other than the amendmentreferred to in paragraph7 below, all of the Government amendments that apply to England only deal, in general terms, with either housing or planning. Both housing and planning are devolved to the National Assembly for Wales under the Government of Wales Act 2006 (Schedule 7, Part 1), and, in relation to Scotland, neither housing nor planning are reserved to the UK Government under the Scotland Act 1998 (Schedule 5). There are examples of both housing and planning legislation made by the devolved administrations: the Planning (Wales) Act 2015, the Housing (Wales) Act 2014, the Planning etc. (Scotland) Act 2006, and the Housing (Scotland) Act 2014.

7.New clause 35(together with new Schedule 5) imposes a duty on local authorities in respect of buildings that are part of the local government estate. Local government falls within the legislative competence of the National Assembly for Wales, more particularly, local government finance (under the Government of Wales Act 2006 (Schedule 7, Part 1, paragraph 12)). In relation to Scotland, local government is not reserved under the Scotland Act 1998 (Schedule 5).

The above assessment is presented in tabular form on the next page. (The table does not deal with amendments 5 to 11, which are amendments to general provisions (commencement, short title, etc.) that apply to the whole of the UK.)

Table: Report stage Government amendments (Commons)

Provision / England / Wales / Scotland / Northern Ireland
Extends to E & W and applies to England? / Extends to E & W and applies to Wales? / Is the matter devolved in Wales? / Applies to Scotland? / Is the matter devolved in Scotland? / Applies to Northern Ireland? / Is the matter devolved in Northern Ireland?
New clauses 8 to 28and new Schedule 2 / Yes / Yes / No / Yes / No / Yes / Yes
New Clauses 32 and 33 / Yes / Yes / No / Yes / No / No / No
New clause 34 / Yes / Yes / No / No / No / No / No
New clause 36 / Yes / Yes / No / Yes / No / Yes / No
All other Government amendments (including new Schedules 3, 4 and 5, but excluding amendments 5-11) / Yes / No / Yes / No / Yes / No / Yes